HomeMy WebLinkAbout1995-01-10; City Council; 12980; PUBLIC HEARING INITIATION OF EMINENT DOMAIN FOR ACQUISTION OF PALOMAR TRANSFER STATION1
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D- UTY OF CARLSBAD - AWNDA BILL
AB # 122% YA TITLE: DEP' -
DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CITY MTG. Jan. 10,1995
DEPT. CM THE PALOMAR TRANSFER STATION CITY
RECOMMENDED ACTION:
rUBLlC HEARING FOR INITIATION OF EMINENT
Adopt Resolution No. $!!& 9
Palomar Transfer Station and authorize the Mayor to sign all necessary documents to
complete the condemnation.
which will authorize condemnation of the
ITEM EXPLANATION
One of the vital public services the City of Carlsbad provides to its residents is solid
waste collection and disposal services. Solid waste collection has been provided by
means of a franchise granted to Coast Waste Management. Until recently, disposal
occurred at County landfills until the price escalated dramatically and it was no longer
economically feasible to dispose of solid waste at County landfills. Coast Waste
Management utilizes the Palomar Transfer Station as its operating center and a
transfer facility. The County of San Diego owns the facility and has leased the facility
to Coast Waste since 1985. The original lease expired in 1989. Coast Waste has
attempted to renegotiate and extend the lease with the County. The County has
refused to extend the lease. Furthermore, the County has taken steps to evict Coast
Waste Management from the facility for the purported purpose of generating
additional revenues. In order to carry out its responsibility to provide reliable, cost
effective solid waste services to its residents, the City of Carlsbad finds it necessary to
acquire the Palomar Transfer Station in order to provide an operating center for its
franchise trash hauler, and to ensure there will be transfer capacity in order to provide
reliable and cost effective disposal of solid waste. The provision of solid waste
services is necessary to protect the health, safety and welfare of the community.
There is a compelling public necessity that the City of Carlsbad acquire this property.
The City of Carlsbad has no alternatives for the collection and disposal of solid waste
without this facility. The County of San Diego has not demonstrated any public use
for this property, and has no plans, programs, or budget to utilize the property for a
public purpose.
The City has hired an independent appraiser to determine the value of the property to
be acquired. The City has offered to purchase the property at the fair market value of
$3 million. The County Board of Supervisors has rejected the offer. It is therefore
recommended the City initiate condemnation proceedings at this time in order to
acquire the property.
In order to acquire County property, the City must show that its use is a more
necessary public use than that proposed by the County:
0 The County has no plans, program or budget for public use of
The County has no need for this property since it has an existing
the property.
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operating transfer station within two miles.
‘ ABNo. /+ f& e Page 2 *,
0 The County abandoned public use of this property long ago,
The City of Carlsbad must control this property in order to
when it terminated its use as a County transfer station.
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provide reliable, cost effective solid waste disposal services.
In accordance with State law, the City has given proper notice of the public hearing to
the County of San Diego.
The City is not required by law to consider the request of any person who did not
submit a written request to be heard on or before the date of the hearing. Only the
owner of the property to be condemned has a right to be heard.
Adoption of the Resolution of A Necessity To Condemn, requires an Aye Vote by at
least two-thirds of the members of the City Council and conclusively establishes the
findings therein.
ENVIRONMENTAL REV1 EW
The proposed acquisition involves property with an existing use which has been
operating continuously since 1984. No changes to the site or the operations of the
facility are being proposed. Therefore, the Planning Director has determined the
proposed acquisition is exempt from further environmental review in accordance with
Section 15301 of the California Environmental Quality Act.
GENERAL PLAN CONSISTENCY
The Planning Commission adopted Resolution No. 3733 on December 21, 1994,
which determined the project was in conformance with the City’s General Plan.
FISCAL IMPACT
Estimated cost for acquisition of the subject property (excluding legal fees) is $3
million. Funds for acquisition of this property will be loaned to the City’s Solid Waste
Enterprise Fund and will be repaid from revenues generated from solid waste
collection revenues.
EXHl BITS
1.
2. Resolution No. 7s- 9 authorizing condemnation of Palomar
Memo to City Manager dated January 3, 1995.
Transfer Station.
' ABNo. /<, Yfl 0 Page 3
(EXHIBITS) (continued)
3. A letter from Asaro, Keagy, Freeland and McKinley to the County of
San Diego dated November 17, 1994 offering to purchase property.
A letter from the City of Carlsbad to the County of San Diego
dated November 19, 1994 asking County to rescind eviction and
negotiate lease.
A letter from the County of San Diego to Asaro, Keagy, Freeland
and McKinley dated December 1, 1994 rejecting offer to purchase.
Notice of Public Hearing - Adopt Resolution of Necessity dated
December 14, 1994.
Letter from the County of San Diego dated November 20, 1994 refusing
to rescind eviction notice.
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7.
*See green and black binders labeled "Palomar Transfer Station"
on shelf in vault. Distributed at Council Meetim-l/10/95 by
Jim Hagaman. 4
L.&lLl.UII LY a 0
January 3, 1995
TO: CITY MANAGER
FROM: Assistant City Manager
ACQUISITION OF THE PALOMAR TRANSFER STATION
In October, 1979 the County of San Diego began operations of the Palomar Transfer
Station, designed to shred and compact all of coastal North County’s waste for transport
to the San Marcos Landfill. The plant was built to operate at an average daily volume of
800 tons per day with peak volumes to 1,600 tons per day. In March 1980, the plant
experienced an accidental explosion which caused significant damage. In July 1982, the
County abandoned the transfer station as it was economically unfeasible due to the abilit
of the contracted operator at the San Marcos Landfill to compact the waste considerably
cheaper, and the short-haul distance.
The County proceeded on a course of action to auction off the equipment, demolish the
transfer station and request bids to lease the land to gain revenues for the County airpor
operation. In June 1982, Coast Waste Management, Inc. approached the County with th
intent to lease the site as a replacement to their Ponto Road site. The City Council
unanimously endorsed the proposal, and intervened on the trash hauler’s behalf and was
able to persuade the Board of Supervisors to begin negotiations with the Coast Waste
Management. Three years later, negotiations were complete, and CWM began operation
at the site on a five year, $12,000 per month lease. The trash hauler has been using the
facility as its operating center, a recycling center, and a 400 tons per day transfer station
since 1985.
In 1989, the lease expired, and the County forwarded an amendment to CWM for
execution. CWM completed this document, however, it was never forwarded to the Boat
of Supervisors for execution. In 1992, the County offered and CWM accepted a month-tc
month lease in lieu of termination. Coast Waste Management has attempted to
renegotiate and extend its lease from the County, as well as lease additional land
necessary to operate its business. The County has refused to extend the lease, and ha:
also refused to lease any additional land to Coast Waste Management. Furthermore, thc
County has taken steps to evict Coast Waste Management from the facility for the
purported purpose of generating additional revenue. This reason seems implausible
since the existing tenant is more than willing to renegotiate the lease, as well as lease
additional land, which would create the added revenue the County is seeking. The
County has made no attempt to renegotiate the terms of the lease with Coast Waste
Management.
MIS95070.SW
0 e
City Manager
January 3, 1995
Page 2
Based on my personal conversations with County staff, and the remarks made by elected
officials, it is my belief that the County has chosen this course of action in order to
intimidate and coerce the City of Carlsbad into using the County's landfill system. The
County has been unable to force the City of Carlsbad, as well as other cities, to use its
system. The County has attempted to force cities to sign flow-control agreements
guaranteeing trash flow to the County system. They have attempted to force cities to joir
the Solid Waste Authority through discriminatory and predatory pricing of disposal at
County landfills and they have had a conscious and expressed policy of preventing the
development of any private landfills in this County. The County has attempted to prevent
any alternatives to the County Landfill System in order to ensure a flow of trash to suppor
its overpriced and inefficient solid waste disposal system.
As a result of the increasing obligations of the County Solid Waste Enterprise Fund and
the decreasing system tonnage, the tip fee has risen to $55/ton for members of the Solid
Waste Authority and $74/ton for non-members. It is widely believed that a $!%/ton tip fee
is artificially low and cannot support the system. As local tip fees rise, a transfer station
becomes even more necessary to facilitate transfer of waste to the most cost effective
solid waste disposal facilities available. A jurisdiction is then able to stabilize disposal
costs by "shopping around".
The continued existence of the Solid Waste Authority is unlikely based on comments of
City members of the Solid Waste Authority. Continued viability of the County Solid Wastt
System is threatened because of enormous cost burdens the County is unable to suppoi
due to a continuing decrease in the amount of tonnage going into its system. The City c
Carlsbad has a responsibility to provide stable, cost-effective solid waste disposal and
must have the ability to transfer trash as an alternative to the County's system in case its
system fails. The County's disposal system is currently not competitive in the market-
place and may not even continue to exist as a disposal site at all. The County's individua
disposal sites may not continue to exist in the future.
The County has no need for the Palomar Transfer Station as a transfer facility. Even if th
County did need a transfer station, it has immediate available alternatives which are withi
two miles of the Palomar Transfer Station. The San Marcos Recycling Center (NCRRA
Plant), is a massive transfer and recycling facility. The County has also acquired a piece
of land in the City of Vista for the purpose of building a transfer station. Long ago, the
County abandoned the use of Palomar Transfer Station as a transfer facility and, in fact,
was going to demolish it and propose that it be leased out for private sector use.
The City of Carlsbad's General Plan Contemplates continued use of this property as a
transfer station. The City has issued a Conditional Use Permit (CUP) which remains
effective as long as the facility is serving Carlsbad's trash disposal needs, but the CUP
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City Manager
January 3, 1995
Page 3
would terminate if Carlsbad was excluded from the use of this facility. The State permit
for the operation of this transfer facility is in the name of Coast Waste Management. The
County has no plans, permits or budget to operate this facility as a transfer station.
Because of height limits on this facility, the City of Carlsbad’s use of this transfer station ia
in no way in conflict with the airport use of this facility.
It is clear that the County has no public use for this property. Not only is there a clear
and compelling need and use of this facility by the City of Carlsbad, the facility would be
able to serve other public agencies as an alternative to the County system if it were to fail
or remain economically uncompetitive. There are no other economic alternatives to the
City’s acquisition of this property. The City of Carlsbad must have this property in order
to provide stable, reliable, cost-effective, solid waste disposal services to its residents. If
the City’s local hauler, Coast Waste Management, is evicted from this site, they will be
unable to operate until a suitable replacement site is found.
The City of Carlsbad must control this site in order to assure that its franchised local
hauler will have an appropriate operating center. There is no logical or rational reason fo
the County of San Diego to need another transfer station. The County has entered into a
contract with Thermo Electron, the operator of the NCRRA Plant, to deliver a prescribed
tonnage of trash on an annual basis. It is reported that the County is unable to meet the
commitment pursuant to that agreement. If the County is unable to meet that
commitment, there is certainly no need for any additional transfer capacity since it is clea
that there is excess transfer capacity already available to the County. It would be
ludicrous and in conflict with the County’s agreement with Thermo Electron for the Count
to seek to develop additional transfer capacity. In fact, the County controls no trash. Thc
County does not have the ability to direct trash haulers in the unincorporated area since
they are not franchised.
The City does, in fact, control disposal of trash by its franchised hauler and the City musi
have a place to transfer and dispose of the approximately 70,000 tons of trash that are
generated annually in Carlsbad. The City needs to acquire 17 acres from the County in
order to provide adequate access to the transfer facility, provide appropriate buffering ani
landscaping from adjacent properties in order to ensure the transfer station’s compatibilit
with its neighboring uses.
The County’s long-term interest in this property has been to produce revenue for the
County Airport Department. The property was originally acquired with the assistance of i
Federal Aviation Administration Grant and the County’s use of this property has always
been focused on producing revenue by means of private sector leases. The County has
in fact, presented proposals to the City of Carlsbad for a variety of private uses, ranging
from residential subdivisions, industrial subdivisions, cemeteries and golf courses. None
of these are public uses and may have been inappropriate uses of this land in any event
MIS95070.SW
e 0
City Manager
January 3, 1995
Page 4
The City of Carlsbad has a compelling public use and need for this property. On December 21, 1994, the Carlsbad Planning Commission made a General Plan
Consistency finding for the purchase of the property. ?he City has made an offer to the County to purchase the site for $3 million. The County has rejected this offer. In light of
the City’s compelling need to stabilize the solid waste situation for our residents, and the County’s demonstrated lack of need for the site, it is my recommendation that the City proceed with eminent domain.
%
FRANK MANNEN
ma
MIS95070.SW
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RESOLUTION NO. 95-9
A RESOLUTION OF THE CITY OF CARLSBAD, SAN DIEGO
COUNTY, CALIFORNIA, AUTHORIZING AND DIRECTING
THE CONDEMNATION OF CERTAIN REAL PROPERTY INTERESTS Ib
THE CITY OF CARLSBAD, STATE OF CALIFORNIA, AND DECLARING
THE PUBLIC NECESSITY THEREOF
WHEREAS, the City of Carlsbad, County of San Diego, State of California,
proposes to acquire a solid waste transfer facility and appurtenances thereto on the
property described in Exhibit "A" attached hereto, hereinafter referred to as "the project'
and,
WHEREAS, the project requires the acquisition of certain real property interests; an
WHEREAS, the City of Carlsbad may exercise the right of eminent domain for the
acquisition of real property or interests therein for the project pursuant to Government
Code Sections 37350 and 37350.5; and,
WHEREAS, the plans for the project in the City of Carlsbad are on file in the Office
the Community Services Department of the City of Carlsbad; and,
WHEREAS, on December 21 , 1994, the Planning Commission of the City of Carlsb
pursuant to the provisions of the California Government Code, Section 65402, found th
the proposed location, purpose, and extent of the project is consistent with all element
the City of Carlsbad General Plan; and,
WHEREAS, pursuant to California Public Resources Code Section 21 000 and
following the regulations promulgated thereunder, this City Council has determined the
project is categoricaly exempt pursuant to 14 CCR Section 15301; and,
WHEREAS, the real property or interests therein sought to be acquired are located
within the territorial limits of the City of Carlsbad and are necessary for the proposed
project; and,
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WHEREAS, the City of Carlsbad has established the amounts which it believes to bt
the just compensation for the hereinafter described real property or interests therein
sought to be acquired; and,
WHEREAS, pursuant to Government Code Section 7267.2, the City of Carlsbad has
offered to the owner of said real property or interests therein the full amount established
as just compensation for said real property or interests therein sought to be acquired;
and,
WHEREAS, the City of Carlsbad has provided the owner of said real property or
interests therein a written statement of and summary of the basis for the amount
established as just compensation for the real property or interests therein sought to be
acquired; and,
WHEREAS, a reasonable length of time has expired since the date of the offer to th
owner of the real property or interests therein sought to be acquired, and the owner ha:
failed to favorable respond to the offer of the amount established by the City of Carlsba
as just compensation; and,
WHEREAS, pursuant to the provisions of California Code of Civil Procedure, Sectioi
1245.235, the owner of the real property or the interests therein sought to be acquired
whose names and addresses appear on the current equalized County Assessment Roll
has been sent a Notice of Intention to Adopt a Condemnation Resolution, and has beel
provided with an opportunity to appear and be heard on the matters referred to in
California Code of Civil Procedure, Section 1240.030.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Carlsbac
California, as follows:
1. The public interest and necessity require the proposed project.
2. The proposed project is planned and located in a manner which will be I
most compatible with the greatest public good and the least private injury.
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3. The real property or interests therein, hereinafter described in this
Resolution, are necessary for the proposed project.
4. The proposed project is a matter of public necessity.
5. The use of all and each and every part of said hereinafter described real property
or interests therein for the use and purposes of the proposed projects is a public use ar
a use authorized by law.
6. The public interest and necessity require that the property or interests therein,
hereinafter described in this Resolution, be taken.
7. The property and interest therein hereinafter described is being acquired for a
compatible joint use pursuant to Section 1240.510 of the Code of Civil Procedure.
8. The property and interest therein hereinafter described is being acquired for a
more necessary public use pursuant to Section 1240.610 of the Code of Civil ProcedurE
BE IT FURTHER RESOLVED by this City of Carlsbad, that the firm of ASARO,
KEAGY, FREEIAND & MCKINLEY (hereinafter "special counsel") be, and is authorized a
empowered, and directed in the name of the City of Carlsbad to acquire by donation,
purchase, or condemnation, in accordance with the provisions of the Code of Civil
Procedure of the State of California relating to eminent domain the hereinafter describec
interests in real property;
To prepare and prosecute in the name of the City of Carlsbad such suit or suits in tl
proper court having jurisdiction thereof as are necessary to condemn, take, and acquit-€
said hereinafter described real property, or any part thereof, for the proposed project.
To make an application to said court for an order determining the amounts of mom
to be deposited as securiiy for the payment of the just compensation which will be mad
for the taking of the real property or any part thereof, or interests therein necessary for 1
proposed project and any damage incident thereto, and to make application to said COI
for an order permitting the City of Carlsbad to take immediate possession of and to USE
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said real property and part thereof, or interests therein, sought to be condemned for the
proposed project;
To make deposit for such security for such right of way out of proper funds under th
control of the City in the amount determined by the court in the manner directed by the
court;
To incur on behalf of the City of Carlsbad all reasonable and necessary expenses in
the prosecution of a suit or suits to condemn said real property.
The real property referred to in this Resolution is situated in the City of Carlsbad,
County of San Diego, State of California, and is more particularly described and depictel
on Exhibit "A" attached hereto and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the members of the Carlsbad City Counc
at a regular meeting held on the 10th day of JAN= , 1995, by the
following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
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KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
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EXHIBIT NO 0 a
ASARO, KEAGY, FREELAND 6 MCKINLEY
ATTORNEYS AT LAW
FRANK L. ASARO FOURTH FiOOR
ROSCOE 0 KEAGY
WICHARO R FREELAND
STEVEN A MCKINLEY TIMOTHY M BARRY TELEPUONE (619) 297-3170
SHEILA M LEONE
3170 FOURTH AVENUE
SAN OIEGO. CALIFORNIA 92103
FACSIMILE (em t194-42ee
November 17, 1994
Mr. David E. Janssen
Chief Administrative Officer
County of San Diego
1600 Pacific Highway
San Diego, CA 92101-2472
Mr. John Kross
Deputy Director, Real Property Division
Department of General Services
County of San Diego
5555 Overland Avenue, Building 2, Room 11 0 San Diego, CA 92723
Re: Palomar Transfer Station Project
Gentlemen:
Our firm represents the City of Carfsbad regarding the acquisition of prope
owned by the County dspicted on the plat attached hereto (“Property“). The City inten
to acquire and use the ?roperty for its Palomar Transfer Station project.
We have been authorized by the City to transmit on behalf of the City an offer
purchase the Property for a total purchase price of $3,000,000.00. The purchase pri
is based upon an independent appraisal of the Property made by a qualified apprais
The appraisal was based upon the fair market value of the Property for its highc
and best use. Attached is an Appraisal Summary Statement setting forth the property
be acquired and the value thereof as determined by our appraiser.
The acquisition includes fee title to the real property and all improvements. 7
purchase is subject to the conveyance of title free and clear of all liens a
encumbrances.
The City of Carlsbad has made every effort to establish a fair price for the requir
Property and property interests. The appraiser’s figures are his opinion of fair mar
value which was deterrrined after a personal inspection of the property. The apprai
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Page 2
November 17, 1994
takes into consideration the location of the Property, its highest and best use, and ofl
indicators of value.
The City of Carlsbad requests your review of this Mer and response at yc
earliest convenience. Please respond to this office no later than ten days from tod Should you require additional time in which to consider tfre offer, or if you wish
schedule a meeting to discuss this matter, please communicate with this office.
Thank you for ycur cooperation.
Very truly yours,
ASARO, KEAGY, FREELAND & McKINLF
rnQF7.C dU.7
Richard R. Freeland
RRF/mad Encs.
cc Mr. Ronald Ball. City Attorney
Mr. Uoyd M. Harmon, Jr., County Counsel
Mr. Frank Mannen, Assistant City Manager
Mr. Thomas J. Pastuszka, Clerk, Board of Supervisors
0 0
APPRAISAL SUMMARY STATEMENT
OWNER: PROJECT:
The County of San Diego
PROPEFIlY LOCATION:
Northeast quadrant of Palomar Airport Road and El Camino Real
City of Carlsbad, Califovia
Thomas Brothers Map Page 1 127, E-1 , E-2.
PRESENT USWIMPROVEMENTS:
Portion of the ownership is improved with a 244,236 square foot industrial building and rela
office space, occupied/utilized by Coast Waste Management, Inc. as a waste transfer stat
facility. A majority of the ownership consists of raw acreage.
ZONING/GENERAL PLAN:
City of Carlsbad; Muftiple land use designations include M-Q, Industrial; OS, Open Space;
Planned Industrial and G, Governmental Facilities.
TOTAL PROPE#N:
203.552 acres gross
HIGHEST AND BEST USE:
Industrial as improved, 8s to the westerly-useable &17 acres, and open space as to 1
remainder acreage.
PROPEKN TO BE ACQUIRED:
17.20+ acres, in fee, inctuding industrial improvements. The legal description of the area to
acquired is attached as Exhibit A, and an engineering drawing depicting the solid waste trans
station is attached as Ulibit 8.
Palomar Transfer Station
Market Value of Required Property is $3,000,000.00
The market value of the property being purchased is based upon a market value apprai:
prepared in accordance with accepted appraisal procedures. Valuation of your property is bas
upon an analysis of recent sales of similar properties in this locality considering the highest ai
best use of the subject property.
The amount of damages to the remaining property due to the City's acquisition and constructir
of the improvement is -0-. Special benefits to the remaining property as a result of the projc
is not applicable.
Total Payment is $3,000,000.00.
This summary of the basis of the amount offered as just compensation is presented
compliance with Federal and State law, and has been derived from a formal appraisal prep='
by an independent appraiser, which includes supporting sales data and other documentatioi
EXHIBIT -
3-
November 19, 1994
Chief Administration Officer David E. Janssen
County of San Diego
1600 Pacific Coast Highway
San Diego, CA 92101
Dear P anssen:
The City of Carlsbad has obtained a copy of the letter dated November 3, 1994 fror
Sally Hazard-Dim, the Director of the Department of General Services addgressed
Conrad Pawelski, General Manager of Coast Waste Management, notifying Coast
Waste that its tenancy at the Palomar Transfer Station will end effective December 1
1994. The City of Carlsbad finds the timing of this Notice very curious and we are
extremely disappointed at the action the County has taken. There appears to be nc
logical reason to end the tenancy of Coast Waste at this time in light of the
representations by County staff that the County intends to do a Request for
Proposals, and secure a new lease on the facility as a transfer station. Coast Wast
pays in excess of $204,00O/year in rental payments to the County for this facility an
would only seem logical that the County would wish to continue this revenue strear
until a new tenant is secured. In the past, Coast Waste has attempted to secure a
long-term agreement and to lease additional land, but has been unable to do so. 1
would be the City of Carlsbad’s desire to see the County enter into a long-term lea
with Coast Waste in order to provide stable and reliable trash service for the reside
of Carls bad.
The City of Carlsbad hereby requests the Notice Of Termination to Coast Waste bf
rescinded, and that County and Coast Waste Management enter into negotiations
an extended lease at the Palomar Transfer Station. If the County feels compelled 1
initiate an RFP process to identify other potential lessees of the properly, any
termination of the Coast Waste tenancy be delayed until a new lessee is identified.
Such a process appears to be in the best interest of the County, since it would avc
any significant loss of rental income.
1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2821 FAX (61 9) 7204
=\ 0 e
Chief Administrative Officer David E. Janssen
November 15, 1994
Page 2
I would appreciate a prompt response to this request in order to possibly avoid the
expense and agony of protracted legal proceedings.
Sincerely,
FRA w KMANNEN
Assistant City Manager
ma
c: Mayor, City of Carlsbad
City Council, City of Carlsbad
City Attorney, City of Carlsbad
City Manager, City of Carlsbad
Mr. Conrad B. Pawelski, General Manager, Coast Waste Management
JIJ &>A 'LUU r.
C' 7 - EXHIE I -- I: & DEC 4; 1.l 4nn
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ELLEN R MILAAEIS AW ACQUELINL M TERN STFP!i OFFICE OF COUNTY COUNSEL
DIANE BARDSlCl 355 COUNTY ADMINISTRATION ClNTER IAN FAN 'PERESA y
(619) 531-4860 'AX (619) 531-6005
- WII LlAM W IAY-OR LLOYD M. HARMON, JR. aannto 9 af ji5aI-t piqp
COUNTY COUNSEL
OEROR,
scor- n DFrEns CLwDiA F
JAW a4
MORRIS G blLL
,EWiS P ZO~IJMS ANTHQN" ALDEaS
GEMCIE W DREWSTEFI JR wiiLi*M A ,ObNSON JR IEONARO W wLCARD \ c EL THOMAS E MFNTOCMERY CliLL EJSE OECIOFI TtHENCE CB OCi'ITON rRl6 DE
JOHN J. SANSONE
CHIEF DEPUTY COUNTY COUNSEL
I600 PACIFIC hlOHWAY SAN OlEGO CALIFORNIA $2'01-2469
VALEri E TEHAN MIUIA PAL
LAL
EDMUNO E MOZLJIY MARK C MEAD
SRclCF 0 MzcLLSH
December I, 1994
Richard R. Freeland, Esq. Asaro, Keagy, Freeland & McKinley 2170 Fourth Avenue San Diego, California 92103
Dear Mr. Freeland:
- -_.-- - - _- __--- ~ - -. -~
Re: Palomar Transfer Station Project
Thank you for your letter of November 17, 1994, Sn which yo offered, on behalf of the City of Carlsbad, to purchase certain land owned by the County of San Diego. The Board of Supervisors considered and rejected the offer on November 30, 1994.
Very truly yours,
ounty Counsel
SCOTT H. PETERS, Deputy
SHP:shp:ep
94-01209 cc: Lari Sheehan, Deputy Chief Administrative Officer (A6) Tom Garibay, Director, Department of Public Works (0333)
John Kross, Deputy Director, Real Property Division,
.. . Jack Miller, Acting .Deputy Director, Solid Wast8-aivisianr Department of Public Works (0383)
Department of General Services (0200)
TOTkL
I BXHlLIll 0 e
ASARO. KEAGY. FREELANO & MCKINLEY
ATORNEYS AT LAW
*RAN* L. ASARO Couffrc) c~oom
3170 COURTc) AVENUE
SAM OICGO. CAUCORwlA 98lO1
ROSCOE 0. UEAGY
RICHARO R CREELANO
STEVEN A. MCKINLEY TIMOTUY M SARRY TELEPWONL Iorg) 297-31fO
SUElLA M LEONZ FACSIHILE (019) -66
December 14,1994
- NOTICE Of PUBLIC HEARING TO ADOPT
A RESOCUTlON Of NECESSiN
Mr. David E. Janssen
Chief Administrative Officer
County of San Diego
1600 Pacific Highway
San Diego, CA 921 01 -2472
Mr. John Kross
Deputy Director, Real Property Division
Department of General Services
County of San Oiego
5555 Overland Avenue, Building 2, Room t 10
San Diego, CA 92123
Re: Paiomar Transfer Station Project
Gentlemen:
We have apparently reached an impasse in the negotiations relative to tF
acquisition of the County of San Diego’s property for the above-entitled project. A cop
of the plat depicting th~3 property sought to be acquired is enclosed. It is necessary t
resolve this matter as quickly as possible in a manner which is far and equitable to bo1
parties. Tne Superior i:ourt of il”e Courrtg ef .% Diego provides zt impda! 23enq’ ?
hear both sides of a coritroversy and to render decisions to resolve our differences wnict
in this case, involves ai opinion of value. The procedure is died a “condemnation” c
“the right of eminent domain.“ It is the recommendation of our firm that condernnatia
proceedings be instituted to settle this controversy.
The City of Cartsbad will hold A public hearing on January 10, 1995, at 6:OO p.n
or as soon thereafter a:; the matter may be heard at the City Council Chambers locate
at 1200 Carlsbad Villago Drive, Carlsbad, Caiifomia. It is the intent of the City of Carisba
to consider at that time the adoption of a Resolution of Necessity to authorize th
condemnation of a portion of the County’s property for the construction of the transff
station.
e a
Page 2
Decsmber 14, 1994
Pursuant to California Code of Civil Procedure Section 1245.235, each persc
whose property interests are to be acquired by eminent domain has the right to appe
and be heard at the hearing. The City of Carfsbad wiil determine whether (a) the pub1
interest and necesstty require the project: (b) the project is planned or located in tt
manner that will be tPie most compatible with the greatest public good and the lea
private injury; and (c) the property sought to be acquired is necessary for the project
If you wish to speak ether for or against the issues which are outlined above, yc
must file a wiien rsqiiest witbin fifteen (15) days from the date of this letter. Failure
file a written request to appear and be heard in the office of the City Clerk of the City
Carlsbad within fifteen (15) days after the date this Notice is mailed will resulting waiv
of the right to appear and be heard at the aforementioned hearing.
Your written request should be addressed to the following:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Palcimar Transfer Station
If you have any questions, please feel free to call.
Very truly yours,
ASARO, KEAGY, FREELAND cK"
dWJb7, FA D
Richard R. Freeland
RRf/mad
Enc.
cc Mr. Ronald Ball, City Attorney
Mr. Lloyd M. Harmon, Jr., County Counsel
Mr. Frank Mannen, Assistant City Manager
Mr. Thomas J. Pastuszka, Clerk, Board of Supervisors
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DAVID E. JANSSEN
ManMt-g af Ban piego
CHIEF ADMINISTRATIVE OFFICER
(61 9) 531 -5250 CHIEF ADMINISTRATIVE OFFICE FAX: (619) 357-4060 1600 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 92101 -2472
December 20, 1994
Frank Mannen, Assistant City Manager City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, CA 92008-1989
Dear Mr. Mannen:
Your letter of November 19, 1994 requests that the County rescind the Notice of Termination sent by the County to our
lessee, Coast Waste Management, Inc. (CWM) . Your letter further requests that the County allow CWM to continue to occupy the leasehold premises until the County has identified a new lessee. I regret that we cannot grant these requests.
As you are aware, CWM's lease termination date is December 10,
1994. A recent inspection of the leasehold indicates that CWM
is making no discernable effort to leave the premises.
If the County were to advertise the property, negotiate and attempt to enter into a lease with a new lessee, the presence
of CWM on the leasehold would likely result in the County losing the new lessee. This would result in even further delays and even greater loss of income to the County.
The County is prepared to take the legal steps necessary to remove CWM. The County proposes to take action to recovery our costs for such steps as well as to seek reimbursement for loss
of income to the County.
Pnnfed on recycled paper
e e -. .
- Mr. Frank Mannein
Page Two
December 20, 1994
If you need further assistance, please call John A. Miller at
Sincerely,
(619) 974-260'7.
-&j$hJ
ID E. JANSSEN
ef Administrative Officer
DEJ:mf
cc: Lloyd Harmon, County Counsel
Sally Hazzard-Diaz, Director, General Services
Tom Garibay, Director, Department of Public Works
'i @ 1/10/95 by Jim Hagaman
c 0 ~-1~ ~ &TrZ and Black SSlft4ton'') Binders label
Current Site Plan Map
Legal Description
General Plan Consistency Finding
Solid Waste Facility Permits/Reports
Solid Waste Facility Permit 8/11/94 (CWM), Report of Station Information 101
Solid Waste Facility Permit 11/1/88 (CWM), Report of Station Information 3/8
Solid Waste Facility Permit 6/7/79 (County), Report of Station Information 3/;
Related correspondence and agenda bill
Conditional Use Permits
CUP 2t30x2 (CWM), corresponding staff report
CUP 260 extension (CWM), corresponding staff report
CUP 280 (CWM), corresponding staff report
CUP 1 40-B (County), corresponding staff report
CUP 140 (County), corresponding staff report
Lease/Amendments, Related Documents
Month-ito-Month Letter of Agreement
Seconcl Amendment to Industrial Lease (never fully executed)
First Amendment to Industrial Lease
Industrial Lease
Related correspondence
North County Transfer Station Siting Study
County Solid Waste Management Plan
Airport Land Use Plan
0 Proposals/Alternatives, GPA 83-1 1, SP 198
County Transfer Station Site in Vista (memo, Board minutes)
General Plan Amendment to Land Use Element 83-1 1, 12/83
Specific: Plan 198 - Faraday Business Park 10/84
Board litem discussing Palomar Transfer Station options, 3/4/82
Board lltem directing closure of Palomar Transfer Station, 1 /25/82
Related correspondence
Order Authorizing Sale of Property Free and Clear of Liens, 1/9/74
* Newspaper Articles
Environmental Impact Report, Palomar Transfer Station, 1977 (separate bind
a/F 4/
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COUNW F $AN 5fEGO
CHEF ADMINISTRATIVE OFFICE
FAX # (619) 551-4060
FAX COVER SHEET
Date: January 10, '1995
Please deliver to: City Clerk
Agency; City of Carlsbad
Fax #; 434-1987
From; David E. Sasmsen
P~~IIEK 536 45280
SolbJ~ect: PAkOiWU? TRANSFER STATiON
~urnber of pages ioii~wing this cover sneei: 3
Note;
Please call (538) 531-5880 if the fax Is incomplete or illegible.
.- 0
DAVID E. JAMSSEN aLfunkJ 9 0 ie
WlEP AbMINl@WTW€ CXFDER
CHIEF ADMIINISTRATSVF OFFICE pr @ MI-SS rruc Wacg -4w
3000 PACtFBC HIGMWAY, BAN BtEQ6, CALlFORNlA 82108-2472
January 10, 1995
City Clerk city of Carlsbad
x200 CarPsbaCf Village Drive
Carksbad, eaWkn-nia $2008
Bear sir or Madam:
Re: Palomar Transfer Statim
The county' 0.f san Diego {the 'iCaulrPty*t] offers the Eollowing caments for consideration of the City of Carlsbad (the '!Cityit). we am that thew comments be considered and included in the record ~f proceedings. The County does not believe that the acquisition meets the tests of Code of Civil Procedure sec-tian
1245.235, The public interest and necessity do not requim the project, the groject.is not located or planned in the mihn0r that will be the mast conqatiblle with the greatest pubt4n good and the least private injury, and the property to be sought is not necessary far the projectw
be yle~~ssar]~~ or in the public interest. The @ount;y has provided and continuos to provide safe and nearby ~ncatims for racyolilng
and for the disposal alf trash. transfer station will result in an unnecessary increase in trash truc;k traffic, undesirable visual impacts and increased noise and fumes. These impacts will be felt. regianwide and could bcr avoided. This is especially the case if the City Intends to accept Waste frrm other jurisdictions and alss to truck it out of
I
First, the acquisition of this property doer, not appear to
Use of the site as a lorag-haul
the County,
Second, the acquisition appears to be directed to the benefit of R particular business, Coast Waste Management, Iric. # and not for the benefit of the public at large.
Third, this effort has not resulted from a planning effort Pn wh4rh the Cowaty and uther mcnrt>era of the ]pub$i&: have had an opportunity ts participate, Before the city cornits to the
acquisition and ucc of property for a transfer station, expending significant additional funds in addition to the. solid waste
P..",.l*rr" .CC".IO*N ,,.,.
*, 0 0
city Clerk 2 January 18, 1.995
ih~estmtnts already ma at^ WII Lehw.1.d: og: the entire region, there should be a dfalsgue about how the Coumjr system might. meet the
CiP;y'= needs. place.
use of this yrwperty aa a transrer station will resuEt in a SQriouS negative impact on the value of the County's remaining
siearby property. maceover, as gr~u are aware, County Airports tMAirpmts") has designed and prepared plans f~r an industrial park OR the zoo-plus acres AiXpOrtS has at the northeast quadrant of El Carnho Real. and Balbmar Airport Road, The City required a uorisiderable amount aa: open space in the design before it would
approve the spe~iflii: plan. Permanent UQO of this property as a
Lrsrlsrer station woula lnterfere with our ability to develop the preaperty within the constraints the city itself has set forth,
Fifth, the acquisition seeks considerably more land than is apparently required, incduciing the hiring ha13 the City operates
on thc property just across the access road from the entrance to
Coast Waste Hanagentent, the access road, and the southerly portion sf the 4ux~ss road (where it leaves, ~l Camino ~esrl), which is in the clear zone for the ahpxt.
station, it cou:ld acquire land from a willing sellar, The City
was aware of the one-year notice of termination the County sent tc Coast waste on April 11, 1991, and had ample time to acquire ana mild their own station.
operate a facility, but intends to cantinme to contract with a privata company to handle its trash needs, certainly Coast Waste
Management has hark plenty of time to relocate since the ane-year notice, The County should not have to suffer the loss of its property and fac:ili$y because the Citv and/or its trash hauler failed to act in a timely manner, received a nunabtsr of inquiries from parties who are interested in leasing Ltis property from the county, either as a waste facility
OX for general industrial uses. In addition, tho County may need the property foar its own transfer facility in the future.
citizens of this; reqi~n, including the citizens af the city, has invested Q significant amount of money ih the North County Resources Reeavesy Associates [rWXRAtl) rlecycl i ncf plant at the
San Marcos Landfill. With respect to recycling, the NCRRA plant can recover all uf the same materjals that could be recovered at: a new transfer s:tatfara, at no additforaal cost to the region
beyond that which is already being spprat for NCHRA. the Sari Marcos Landfill is open, there is no need for the transfer funcki em. Mnrenver, if tho San Marcros Lnndf ill clsce6,
the NCaRA plant can be used to perform both the raeycling
Ws believe Llltat swti a dialogue Ras not taken
Fourth, the. CQUnty iS COhCt?lmedl that a committed long-term
Sixth, if the City wishes to operate a trash transfer
Tf the City does not intend to
The County has already
Seventh, the Board of Supervisors, representing all 02 the
A& long a6
t
4, 0 0
Ciky Clerk 3 January 10, 1995
func%iorw nnd t!he transfer funGt1mis cuntemplated at tBle property.
city that the. u,se QE aiiotlser transfer station 1s not ee=onomical or in the publia interest.
Authority, whic'h wuuld give the city some voice In ana eJbnt3COI Of tho future of the County solid waste system, By working together iar Lhh wuy, the region can ensure lower trash rates countywide.
NibnLli, any sale or the land which has Deen determined to be
"airpart property" and is shown on the Airport ~aycleak plan or Airport- Prupez-Ly map, such as this property, must be approved by
the Federal Aviation Administration, pursuant to Order 5190.6A,
Ai~porL Cvrnpliance Requirements, a8 amenaea. Apparently, the FAA
has not been notified of this hearing. The FAA should be given tlre opportunity to comment on tne necessity or pubb391c interest in
thfS pr63eCt.
The existing NCm facility is efbse enough to the
~ighth, the City is still able to join the Solid waste
Finally, we have n~ indication that the city has made tindings under the calitornia Environmental Quality Act ["C!EQAsl], particularly if this project is intended OX expected to result in
the shipment; ot large guantit~es of trash aut of the County. As you are aware, this property is leased for use as Ita repair and storage yard f~r waste collection trucks and as a recycling facilfty.14 Before the city commits a significant expenditure sf publid: funds rot- use of this facility as a transfer station, it
must complete CEQA review, which it has not done.
f
\\
ative officer
DEJ : '11
jl . e 0 *. '
I\
*
COUNTY OF SAM DEGO
CHIEF ADM!NISTRATIVE OFFICE
FAX # (619) 557-4060
FAX COVER SHEET
Date: 12/28/84
Please deliver to: Lee Rautenkranr
Agency: City ClorrK, City ot Garlsbad
Fax #: 4 34-1 987
From; Pavld JElnSiien
Phone: 531 -!250
Subject;
Number of pages lblbwing this CCIVBP sheet:
Note;
Reques? to be heard - January 46,1994
I
Please cel! ($30) 531-3480 if the fax ta Incomplete or Meglble.
e 0
Mauxig af sax pie$ll
>-
%-
DAVID E. JANSSEN
CHIEF ADMINISTRATIVE OFFICER
(619) 531-5250 CHIEF ADMINISTRATIVE OFFICE FAX: (619) 557-4060
1600 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 92101 -2472
December 27, 1994
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Sir or Madam:
Re: Palomar Transfer Station
The County of San Diego hereby requests that it may appear
and be heard at the January 10, 1995, public hearing concerning
the Palomar Transfer Station.
3dc[
DAVID E. JAN SE
Chief Admini tr
Pnnted on recycled paper
c . 7Gp x. \ 0
DAVID E. JANSSEN Mauxti-g af $&XM @iep
CHIEF ADMlNlSTRATlM OFFICER
CHIEF ADMINISTRATIVE OFFICE (619) 531-5250
FAX: (619) 5574060
1600 PACIFIC HIGHWAY, SAN DIEGO. CALIFORNIA 92101-2472
January 10, 1995
City Clerk City of Carlsbad
1200 Carlsbad Village Drive Carlsbad, California 92008
Dear Sir or Madam:
Re: Palomar Transfer Station
The County of San Diego (the llCountyll) offers the following comments for consideration of the City of Carlsbad (the lrCityll). We ask that these comments be considered and included in the
record of proceedings. The County does not believe that the
acquisition meets the tests of Code of Civil Procedure section
1245.235. The public interest and necessity do not require the project, the project is not located or planned in the manner tha will be the most compatible with the greatest public good and thc least private injury, and the property to be sought is not necessary for the project.
I
First, the acquisition of this property does not appear to be necessary or in the public interest. The County has provided and continues to provide safe and nearby locations for recycling and for the disposal of trash. transfer station will result in an unnecessary increase in trash truck traffic, undesirable visual impacts and increased noise ani fumes. These impacts will be felt regionwide and could be avoided. accept waste from other jurisdictions and also to truck it out o the County.
benefit of a particular business, Coast Waste Management, Inc., and not for the benefit of the public at large.
Third, this effort has not resulted from a planning effort
in which the County and other members of the public have had an opportunity to participate. Before the City commits to the acquisition and use of property for a transfer station, expendin significant additional funds in addition to the solid waste
Use of the site as a long-haul
This is especially the case if the City intends to
Second, the acquisition appears to be directed to the
Pnni~d on recycled paper
&\ e 0
L City Clerk 2 January 10, 199
investments already made on behalf of the entire region, there should be a dialogue about how the County system might meet the City's needs. place.
use of this property as a transfer station will result in a serious negative impact on the value of the County's remaining nearby property. Moreover, as you are aware, County Airports (I1Airports1l) has designed and prepared plans for an industrial park on the 200-plus acres Airports has at the northeast quadran of El Camino Real and Palomar Airport Road. The City required a considerable amount of open space in the design before it would approve the specific plan. Permanent use of this property as a transfer station would interfere with our ability to develop the property within the constraints the City itself has set forth.
Fifth, the acquisition seeks considerably more land than is apparently required, including the hiring hall the City operates on the property just across the access road from the entrance to Coast Waste Management, the access road, and the southerly portion of the access road (where it leaves El Camino Real),
which is in the clear zone for the airport.
We believe that such a dialogue has not taken
Fourth, the County is concerned that a committed long-term
Sixth, if the City wishes to operate a trash transfer station, it could acquire land from a willing seller. The City was aware of the one-year notice of termination the County sent to Coast Waste on April 11, 1991, and had ample time to acquire and build their own station. If the City does not intend to operate a facility, but intends to continue to contract with a private company to handle its trash needs, certainly Coast Waste Management has had plenty of time to relocate since the one-year notice.
property and facility because the City and/or its trash hauler failed to act in a timely manner. The County has already received a number of inquiries from parties who are interested i leasing the property from the County, either as a waste faciliti or for general industrial uses. In addition, the County may nee the property for its own transfer facility in the future.
The County should not have to suffer the loss of its
Seventh, the Board of Supervisors, representing all of the citizens of this region, including the citizens of the City, has invested a significant amount of money in the North County Resources Recovery Associates (IINCRRAI') recycling plant at the San Marcos Landfill. With respect to recycling, the NCRRA plant can recover all of the same materials that could be recovered at a new transfer station, at no additional cost to the region beyond that which is already being spent for NCRRA.
the San Marcos Landfill is open, there is no need for the transfer function. Moreover, if the San Marcos Landfill closes, the NCRRA plant can be used to perform both the recycling
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. City Clerk 3 January 10, 199
functions and the transfer functions contemplated at the property. City that the use of another transfer station is not economical or in the public interest.
The existing NCRRA facility is close enough to the
Eighth, the City is still able to join the Solid Waste Authority, which would give the City some voice in and control o the future of the County solid waste system. By working togethe in this way, the region can ensure lower trash rates countywide.
Ninth, any sale of the land which has been determined to be Ilairport property" and is shown on the Airport Layout Plan or Airport Property Map, such as this property, must be approved by the Federal Aviation Administration, pursuant to Order 5190.6A, Airport Compliance Requirements, as amended. Apparently, the FA has not been notified of this hearing. The FAA should be given the opportunity to comment on the necessity or public interest i this project .
Finally, we have no indication that the City has made findings under the California Environmental Quality Act (nCEQA1l) particularly if this project is intended or expected to result i the shipment of large quantities of trash out of the County. As you are aware, this property is leased for use as Ira repair and storage yard for waste collection trucks and as a recycling facility.## Before the City commits a significant expenditure of public funds for use of this facility as a transfer station, it must complete CEQA review, which it has not done.
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