HomeMy WebLinkAbout1990-06-19; City Council; 10668; Condemnation of compostin facilityCIT*OF CARLSBAD — AGEND^BILL
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MTG. 6-19-90
DEPT. ENG.
TITLE:
AUTHORIZATION FOR CONDEMNATION
OF COMPOSTING FACILITY SITE
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RECOMMENDED ACTION:
Adopt Resolution No. 9Q~/ 9S authorizing condemnation of a composting facility
site by the Encina Administrative Agency.
ITEM EXPLANATION
On December 19, 1989, City Council approved an agreement authorizing the
acquisition of a composting facility site by EAA. The agreement specifies that if
acquisition of a site requires condemnation, unanimous approval of the member
agencies is required prior to initiating the condemnation proceedings. Negotiations
to arrive at an acceptable offer have been underway with SDG&E since January 1990.
Even though negotiations are continuing and an offer submitted by SDG&E is currently
being evaluated, the Encina Joint Advisory Committee voted unanimously to
recommend that member agencies authorize the EAA to proceed with condemnation
of the SDG&E site. Negotiations will continue throughout the condemnation
proceedings in an attempt to avoid litigation.
FISCAL IMPACT
Council appropriated $486,400 in the 1989-90 fiscal year budget to provide Carlsbad's
share of the proposed $2,000,000.00 purchase price. It is anticipated that this amount
will be sufficient to cover the purchase price according to EAA's appraisal, and legal
fees associated with condemnation.
^ EXHIBITS
DC
1. Resolution No.
RESOLUTION NO. 90-178
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
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PROCEED WITH CONDEMNATION OF COMPOSTING FACILITY SITE.
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WHEREAS, the City Council has approved acquisition of a composting facility site
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by the Encina Administrative Agency; and,
9 and,
10 WHEREAS, no acceptable offer has been reached.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
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, , California, as follows:
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15
2Q
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CALIFORNIA, AUTHORIZING THE ENCINA ADMINISTRATIVE AGENCY TO
WHEREAS, negotiations have been underway since January 1990 to arrive at an
acceptable purchase price for property owned by San Diego Gas and Electric Company;
1. That the above recitations are true and correct.
2. That the Encina Administrative Agency is authorized to proceed with
condemnation of San Diego Gas and Electric Company property for a
17 composting facility site.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 19th day of June . 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
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CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cleric
(SEAL)