HomeMy WebLinkAbout1996-06-25; City Council; 13724; SETTLEMENT OF LAWSUIT ENTITLED COAST WASTE MANAGEMENT V. COUNTY 94-1823-S(BTM)CITY OF CA a LSBAD -AGENDA BILL e &
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AB# 14 3d L/ TITLE:
CITY ATTY COAST WASTE MANAGEMENT V. COUNTY MTG. 6 -2s -- 9 (1?
DEPT. HD.
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SElTLEMENT OF LAWSUIT ENTITLED
94-1 823-S(BTM)
DEPT. CA CITY MGR,
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RECOMMENDED ACTION:
Adopt Resolution No. 96 M 239 settling this lawsuit and authorizing the Mayor
the settlement agreement.
ITEM EXPLANATION:
The City of Carlsbad joined in the above referenced lawsuit pertaining to the Palom
Station. The lawsuit has been settled and staff recommends that the Council a
settlement and authorize the Mayor to sign the agreement.
FISCAL IMPACT:
None.
EXHIBITS:
1. Resolution No. 9L- 239
2. Settlement Agreement
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1 RESOLUTION NO. 96-239
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A RESOLUTION OF THE CITY COUNCIL OF THE ClTV OF CARLSBAD, CALIFORNIA AUTHORIZING THE SETTLEMENT OF THE LAWSUIT ENTITLED COAST WASTE MANAGEMENT V. COUNTY OF SAN DIEGO, CASE N0.94-1823-S(BTM)
WHEREAS, upon recommendation of the City Attorney, the City C
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of the City of Carlsbad, California has determined that a settlement in the case 1
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Coast Waste Management v. Countv of San Dieqo is in the public interest; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
9 Carlsbad, California, as follows:
10 1. That the above recitations are true and correct.
2. That the City Council approves the settlement and authorizes t 11
0.n l2 Mayor to sign the Settlement Agreement which is hereby approved.
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3. That the City Council authorizes and consents to the dismissal
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2::s l4 action.
<;S2 PASSED, APPROVED AND ADOPTED at a Regular Meeting of tt
0Z-l - 16 E:? Council of the City of Carlsbad on the 25th day of June I
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$23 - 17 the following vote, to wit: 0 18
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AYES: Council Members Lewis, Nygaard, Kulchin, Finnila ar
NOES: None
ABSENT: None
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24 11 ATTEST:
25 t4. Qd 26 ALETHA L. RAUTENKRANZ, City Cldrk
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8 UNITED STATES DISTRICT COURT
9 11 SOUTHERN DISTRICT OF CALIFORNIA
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COAST WASTE MANAGEMENT, INC., a ) Case No. 94-1823 IEG (K)
California corporation, 1
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Plaintiff, ) STIPULATION FOR SETTLEMEI ) AND MUTUAL DISMISSALS
V. ) WITHOUT PREJUDICE; ORDER )
COUNTY OF SAN DIEGO, a governmental )
entity, BOARD OE SUPERVISORS OF )
COUNTY OF SAN DTEGO, its legislative )
body; SAN DIEGO SOLID WASTE 1
MANAGEMENT AUTHORITY, a Joint ) Powers Agency; and DOES 1 through 20, )
inclusive, )
) Defendants. )
)
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CITY OF CARLSBAD, a municipal i
corporation, ) 1
Intervenor in Support of 1
I Plaintiff. ) 1
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24 RECITALS
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the above-captioned action. On or about March 7, 1995, the City of Carlsbad (“Carlsbal 26
A. On or about November 30, 1994, Coast Waste Management, Incl ("Goa!
granted leave to intervene, and on or about March 13, 1995, filed its First Amended Cor 27
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F:’CLIENTS\CTTC.4D\COASTWS~PLEADMG;CTTCrZDJ.256 1
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Intervention. The defendants filed answers to the complaint and Complaint in Interventic
course.
B. Shortly after the answers were filed, the parties entered into extended settl
negotiations. The parties have prepared and exchanged drafts of various long-term settle
documents which could form the basis for a long-term settlement. However, due to
circumstances beyond the control of the parties, to wit (1) uncertainty as to a final detern
as to whether or not the San Marcos Landfill will close, and if so when; and (2) uncertain
final refinancing of the NCRRA project, the parties are unable to complete the long-term
settlement at this time, but are hopefil they will be able to do so when these two uncertai
resolved.
C. Under the circumstances, the parties have agreed to an interim, one-year “
out” agreement to maintain the status quo so that the long-term settlement agreement car
revisited, and hopefully, implemented, one year from now after the uncertainties are resol
The parties’ intent is to implement a one-year “time out” agreement through mutual dism
their litigation, without prejudice, through additional agreements as set forth herein to en2
no parties’ rights are prejudiced by this interim agreement, and through a simple lease ext
the existing Palomar Transfer Facility lease to Coast during the “time out” period.
11.
STIPULATION
The parties hereto, through their respective counsel, hereby stipulate as follows:
I A. Recitals.
The foregoing Recitals are true and correct.
B. Lease Extension of Palomar Facility.
The County and Coast have agreed to an Interim Lease Extension as to the Palorr
as confirmed in the letter attached hereto and incorporated herein by this reference as Ex1
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C. Good Faith Neootiations During Time Out,
During the term of the Interim Lease Period the parties agree to meet, confer, and
negotiate in good faith with respect to the permanent, longer term settlement that is being
temporary hold during the interim lease period.
D. Dismissals Without Prejudice.
Effective upon the execution of this Settlement Agreement by all parties, and upor
approval thereof by the Court, the Court shall be authorized to enter dismissals, without
prejudice, of the above-encaptioned action as to all parties and as to all claims and countel
The parties agree that the Court shall retain jurisdiction over this matter through May 3 1,
notwithstanding the dismissal of the above-encaptioned action, to assist the parties with di
resolution and settlement discussions as may be necessary before the Honorable Magistrat
Louisa Porter.
E. Eminent Domain Action; Dismissal Without Preiudice.
Carlsbad has filed a related eminent domain action against the County seeking to a
title to the Palomar Facility. This action entitled Citv of Carlsbad v. County of San Dieso
San Diego County Superior Court Case No. N66415 is currently pending in the San Diegc
County Superior Court. As part of this Settlement Agreement, the City of Carlsbad agree
dismiss, without prejudice, said action. The County, Carlsbad and Coast agree that they e
waive all claims for attorneys' fees, costs, and all litigation expenses and damages of any k
caused or related to the condemnation action and its dismissal.
F. Nowaiver of Claims or Defenses.
The dismissal called for by subparagraph (E) above shall be without prejudice to tl
of the City of Carlsbad to refile an action in eminent domain in the future if it determines
appropriate. And, the dismissals without prejudiced called for by subparagraph (D) above
without prejudice to the right of any party to refile any claim or defense. The execution 0:
Settlement Agreement, the extension of the Palomar Facility Lease for one year as conterr
hereunder, and the entries of dismissals without prejudice as herein contemplated, shall no
admissible in evidence for any purpose in any other action or proceeding, and shall not in i
F:\CI.~NTS.CrTC~\COI\STWS~LEAD~'~\CTTCXD1.256 3
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1 be used to the prejudice or to the benefit of any party in any subsequent eminent domain 01
2 proceeding. It is the express intent of the parties that the dismissals, the entry ofthis Settk
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G. Attornevs’ Fees: Costs. 6
may have with respect to any hture proceeding, claim, or lawsuit. 5
proceeding, claim, or lawsuit. The parties expressly do not waive any claim or defense ths 4
Agreement, and the performance thereof, shall be neutral with respect to their impact on a
7 Each of the parties agrees to bear its own attorneys’ fees and costs incurred in this
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No party to this Settlement Agreement or the related Interim Lease Extension adn 10
H. No Admission of Fault or Wrongdoing. 9
and in carrying out this Settlement Agreement and the related lease.
11 fault or wrongdoing by entering into these documents.
12 I. Execution in Counterparts.
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signed by all parties may be submitted to the Court for review and approval without hrthl 14
This Stipulation and Settlement Agreement may be executed in counterparts, and 1
Carlsbad for disposal of Carlsbad’s solid waste shall be not greater than $47.50 per ton tk 20
and the San Diego Solid Waste Management Authority guarantee that the tipping fee cha 19
During the term of the interim lease (including any exlensions) the County of San 18
TIP FEE GUARANTEE 17
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June 30, 1996, and not greater than $40 per ton thereafter.
IV.
COMMITMENT OF CARLSBAD TRASH TO
COUNTY/SOLID WASTE SYSTEM
The City of Carlsbad, and Coast, agree that Carlsbad’s solid waste processed at tl
Palomar Station shall be delivered for disposal only to the County/Solid Waste Authority 1 except for (1) recyclables and reusables (as defined on Exhibit B attached hereto and incc
28 herein by this reference) that are removed from the waste stream for actual recycling or r
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(2) waste which the County/Authority will not accept at the San Marcos Landfill so long as
landfill remains open, or at the Sycamore Landfill if and when the San Marcos Landfill closl
Further, while Carlsbad and Coast do not control what jurisdictions other than Carl:
do with their waste, Coast as the interim lessee and Carlsbad as the “host” jurisdiction for t
Palomar Facility, agree that during the term of the Interim Lease they will not allow the Pal
Facility to be used to transfer solid waste through the Palomar Facility for disposal of otheI
jurisdictions’ waste outside of the County/Solid Waste Authority system, except for (1)
recyclables and reusables as defined on Exhibit B that are removed from the waste stream
actual recycling and reuse and (2) waste that is not accepted by the County/Authority for c
at the San Marcos Landfill while it is open, or at the Sycamore Landfill after the San Marc
Landfill closes.
V.
BUTLDING AND RELATED PERMITS
The County, and the Authority as its potential successor in interest, agree not to ta
enforcement action against Coast during the term of the Interim Lease relating to the lack
building or other permits for improvements at the Palomar Site completed by Coast as of
1996.
IT IS SO STIPULATED.
DATED:
DATED: COUNTY OF SAN DIEGO
By:
F:\CLIE~~S\CITC~\CO.~STWS?7PLEADINCI\.25~ 5
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SAN DIEGO SOLID WASTE MANAGEMENT AUTHORlTY
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5 DATED: COAST WASTE MANAGEMENT, INC.
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VI.
ORDER
The Court, having considered the foregoing Stipulation of the Parties, and good ci
appearing therefor,
IT IS HEREBY ORDERED:
1. The'foregoing Stipulation is approved.
2. A dismissal, without prejudice, of the above-encaptioned action as to all pl
and all claims is hereby entered in conformance with the Stipulation.
3. The Court shall retain jurisdiction over this matter through May 3 1, 1997,
notwithstanding the dismissal of the above-encaptioned action, to assist the parties with d
resolution and settlement discussions as may be necessary before the Honorable Magistrs
Louisa Porter.
DATED: JUDITH N. KEEP,
CHIEF JUDGE U.S. DISTRICT COURT
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EXHIBIT A
am qf $ihm giegn coum COUUTY wwa Ammnm
TOY PARIEA7 DImclw
PAX: (610) 2H4861
~DIAIT*R~(I~~~"I~~T TWIT WIWlQW COYm SURVETOA Row COcl~OL
SOLID wm
(ar8)". DEPARTMENT OF PUBUC WORKS
, LDGATIDY CODE S3D WASTEWATER Ua4CDY
666s OVERUHP NE, ZAN OtEQO, WOWA SZtWl2W
June 3,1996
Mo Do Jong, Jr., Director '
Coast Waste Management, hc.
5960 261 Camiuo Real .
P.Q. BOX 947 Carlsbad CA 92008
Deat Mr. De Jmg
MCCLELLMW'ALOMAX AwpoBT - COAST WASTE MANAG-, INC. - LEASE ' , c-m NO. 70630R - AlviENDm OF L;EAsE
On September 11, 1984 the Cmty atexed into a five-ym lease (Lease) with Coast Wrrste
Mana$emant. rXrrr (Lsssee), County Contact NO. 70630R, for 5.128 acres of improved land at ~clladPdlomarAirport
On January IS, 1985 thc Lea= wag amended to prod& a partial waiver of rent, for a p&d of tca months, or until the hsee coarpleted certain major renovadons to rhe leasehald improvemcnrs LO
make~scrvic~~l~far~u~~n~~theLease.
On April 9,1992, thc Ixasr was amended to wai~c the cmqeartermination notice rquiremear and
' to continue the Lease on a month4o-monrh basis begbh~ April 16,lSpZ.
"his latatlr, when amcamed with by Lwsce and am4 by tbe Board of Suprvbars as pazt of the
setdemcnt of certain pending LawauaS. will serve to further amcudthe Leaw, effective tu of June 1,
. 1996, in tb failowing MW:
PmH The Fmdses shall consist of ~pprox~teiy 7.243 aaea of land, w ilkrakd on Exhibit "I",
attached, and consisting of Parccl No. 84-0127-& eng approximately 5.128 aclts of land and
Parcel No. ~6-0442" (A), COILfaining approximately 21 15 axes of M
u-~dc.lvMpll*r
uof +.w +;rJP A+. LV OLJ' "W&I WUIYIT UEJlX3 3, 0 rmt Y
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Mr. Dc Jong -z June 3,1996
TERM
ThetannofthteXaasewillbeonr:year,w~gJuneP,1996aadendiulgMay31,1~,unles;s
terminated earlier by agreement of Couary and Lessee. In the eventhsec's tenanfy continues aftex
Moy 31,1997, said tenancy shall be a mcmth-to" tmancyp aad said month-to-mth tenarlcy maybe tcrminak;d at any tirns by either party, witbout cause, by providing the other puty with 3O-
days witten notice of inteat to terminate.
USE
During the term of this lease, Lessee's w of the hmises as a trash transfa; station shall Dot
CmstitufB a violation of ttie lease, if and only % all of the prbqe, rubbish, and solid wastes which
wwte fhditics own4 by the Cwnty or the Sm mego Solid Waste Authdv, other than
reeyclablesheudes which axe shipped &am tfre Premises. For purposes of this parapph,
~yclablehusablcs are dcf5ne-d on &bibit "2" attached plereto.
are acceptable for a$pasd at Class IlIlaodfilla, a@ delivered for dbposal in 1mdEl.h 01 otbex solid
REPiTAL The ~cu~A shall be $20,682.64 p" m~arh, subject M mud C0gt"liVing admatS aS PhU
for in b be.
Except has mended herein above, the kase es previously memied shall remain in fuIl fom and
effect.
VMy mlyyollr9,
TOM GARJBAY
Dixector
TQmy
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CONCUWSKX
COAST WASTE MANAOEMENT, XNC.
Br: Axie De Jaag, JL, Directar Date:
rHuc uw -
EX11 f Bn'"" 1 " >. E"' U M&\rr( &\I J3 P 9Fi-c
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48'
TOTAL - 5.237 AC
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L86-04424 If
EUUO WASTE
ff4NSER LEASE SnE
' (F/P H2-201566)
rT(fJ5 5ErB
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NORTH a w r)*t~'a7**L: smdob
SCALE: I @ = 200' @ es100.OW
8AW OF flEbRW@ 80L10~"
lMlNtZR,lNt. 12- 7-83
& 64"W C8mb.P1'
SITE 5- pr WCImL 8 ,ST.'ltWC wu
:PARTMEW OF G€Y%RAL SfRVlCES
PLRGEL I
t ea* 05-l4-87 SHEET *Q A~OW mv bW.. FxllJW in0 RE&L mO?ERTY PNlSlorl BMLE I"= 2OQ' [ Of I =,- m - ccr_umu OF SU #EO0 r TPALOMAR, .- _" - -. COAST WASTE MANAGEMENT yBIT "2" I &yo442 .- " " ~ ~~~~ ~ , ." ~~ . .. _.
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EXHIBIT B
Recyclabies and reusables shall mean items separated from the waste stream, which
are eligible for diversion credit under the California Integrated Waste Management
Act, and (1) are of the type which are actually processed and prepared for market
in a saleable or reusable condition, and (2) are delivered to a person or business
engaged in the business of recycling andor reuse for the purpose of recycling
and/or reuse.
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THE LAW OFFICES OF 462 ST
\S.'OI:L~I:S. %'IL.LI.IMS, 1:ICHhlOXD & ELLIS SOLANA BEAC
VOICE 6
I *nOCEI*IO*.L COI~DFaAIIOU
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FAX 6
July 15, 1997
Briar C. Fish Luce, Forward, Hamilton & Scripps, LLP
600 West Broadway, Suite 2600 San Diego, CA 92 10 1
Re: Request for Public Records: Citv of Carlsbad and Palomar Transfer Station
Dear Mr. Fish:
As a follow up to our prior correspondence, enclosed please find copies of the following
documents in response to your public records act request.
1. Letter dated June 3, 1996, extending the Coast Waste Lease through May 3 1-, 1997;
2. Letter dated May 30, 1997, extending the Coast Waste Lease on a month-to-month basis
thereafter.
Carlsbad staff reports that it does not have a copy of the underlying lease in its files a; the C
was not party to the lease, although you should be able to obtain a copy from the County as the lea
was between the County and Coast Waste.
Sincerely,
WORDEN, WJLLIAMS, RICHMOND & ELLIS
A Professiona Corporation 8bp L.pL
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"3, / D. Dwight Worden, Special Counsel City of Carlsbad
DDW/dv Enclosures
C: Lee Rautenkrantz, City Clerk's OEce Jane Mobaldi, City Attorney's Office
F:\CLEENTS\CITCAD\COAST\VS~ElYERS\CITCAD54.117
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t t.
TOM GARIBAY
GIFiECTOR (619) 634-2212
LOCATION CODE S50
F.AX (619) xa-om
.@ e:. . G’ \:. . -5,
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.*..&’ -. amdQ 2 af 3ZM @teglJ
DEPARTMENT OF PUELiC WORKS
5555 CVE.%UND AVE. SAN DIEGO. CALIFORNIA 92123-1255
CCC
WA
June 3,1996
.&Ye De Jcx, Jr., Director
Coast Waste Mmegement, Ix..
5960 El Camiino Red
P.O. Box 94’7
Carlsbad, CA 9200s
De= Mr. De JoEg:
~.~CCLELL~-~~-~~O~Vf-~~ AI22OXiT - CO-i.S? IV-AS-E ~~~LX-~-~~~~~~~, D-C.
CONTRACT KO. 70630R - -4?VE>QxEhT OF LEAAS5
03 Scpt<mbt: I:, 1984 t?.: C~CXY tziert:! i2ro 2 ~~y~-y~~ ]<sc ct5.e) 7g;;ri Cc
&fanageri?ent, ICC. CL~SS~~), CCKG COZZEC~ No. /uo~oR, for 5.13,s ;.zr?s of irn-ra>
McCle!lefl2L@iE .AiIpox.
- . f.
- -. r_
”- d A
02 Januq 15, 19S5 [he Le=? LY~ r.~xndzd 10 pr0yie.e 2 pcid \:;piye; cf rcz;, far 2 F
z-ont’ns, or unri! thz Lzssee coz3.!ere5 ce5-n rxjor r=~i~~,:~.tio~s ~3 tb-2 l=zstsoi.: ;zz;<
p-zke fncm ser-ficezjlt for ch=. CS~S b-~e~<.~d unce; 1x5 ~~3.e.
. ...
. .-
On April 9,1992, [>a? LESE \:;= 2->2?..:2.=r [a \vs\:e :kt ~7-<-7.-~?&7 tf..dyLPI;a? rc,:;.:? TtCX .. ..
io coa[inc!t C~S Lese or: a ~cnii.-:o-::,.ontj basis b<.z!:-7Li:z - -<pzl 16. 1~~5:. n ” -
-, I nis IeLCe:, \\lhen CD~CLXC~ wi~h by Ltsjzt &la 22pr~~=< by the B9zL.d of Sc:txisois E
serclement of czrrhn pending lsws-ics, KUI sene to XXTG~T -.end ch=. Lese, c~~ec;;ve I
1996, in thi: following resFccLs:
PREMISES
.. r. “ .
The Prern;ses shall consist of ap?rox;mately 7.243 acres 0; land, 2s ;I!Estrated on
mached, and consisting of Pxcel NO. 54-0127-A, contGning appro.uimaCe!y 5.138 acre?
Parcel NO. 86-0342-Al (B), containing approxirnatdy 2.1 15 acres of Iziid. .. -.
..
EXk4181TA
.. ..
- .. 13 Pnntn, rn ,=€e av - _. -
.,
t ..
Mr. De Jong
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JIx
TEFL44
The tern of this Ixse will be one ye=, commencing June 1,1996 md en6ng hl~y 3 i,19
terminated emlier by agreement of COW@ 2nd Lessee. LT the event Lessee's tenvlcy conti
May 31, 1997, said tenancy shill1 kc 2 monrh-to-month tenacy, an8sziC month-io-nonl
m~y be terminxed at my time by either ~2-7, without cause;by providing thz other p~?
dzys written notice of intent to tezxinate.
USE
During the tern of this lese, Lzsstt's use of the PrenGses as a trzsh casfer scztior
constitute a violation of the lesse, if s-6 only if, dl of &e gxirbzse, rubbish, ad s0E.d w2
are acceptable for disposd at CIZSS rri Im~fills, ue delivered for d.ispos$ h 1~cj.f~~~ or l
wzste fxilities owned by the CouXy or the Sa. Diego Solid Wasiz Authority, ,
recyclables/reuszbles which =e s'Sgped from the Premises. For pEToses of ~2s
recyclables/reusables are defned 03 Exhibit ''2" atr2ched hereto.
REmAL
The rental shd be $20,682.64 FZ ~or~th? subject to ZT>U~ cost-of-!ivi;.e ~~i~s~~ezts 2
for in tk Lex "
Except hs zmexkd herein above, ck ksc a Dreviozsiy crenGe5 skG :e~z~ 1" ~2,
eizect.
Ve,y truiy yours,
. . -.
"
g&-L....:..
;/ TOM GALI -Ah
Director
TG:my
CONCURREKCE
COAST WASTE ?VVLP;NAGEIMEO , lXC.
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F{gs c,cJcb r- /" c"-;
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NORTH Q x 57-12. S7"E J8-oo' s .?$@
SCALE: I" = 200' @ RxIOO.CC' -n
BASIS OF BEARLNG: as ~+-C+*SW
W-1D VlaSTE TUNSF? LEaSE . L*'TS.EI:
SITE-SWEY per WICIFXL -. :. %a\ ( NCINEER,IHC. 12-7-83 0 57a04zo4- L 4-70 x- 7P \ -s r
EPARTM$hT OF GENERAL SERVICES AWnOyLa 8y U!fl. FAClLlTY UD REAL PRO-~~RIY DlWtox ccvrfl( Of SAH DlEGO
' DATX 05-IC-87
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1CALI I 'I.: 200' L
-L PALOMAR; COAST WASTE MAN,A.GEMENT ESI-:!~~~ -lliIl
- .. 2-WLT-92 . . ..- - . ._ ._
(619) 694-2212
LOCATION CODE 550
FAX (619) 268-0361
DIRECTOR
May 30, 1997
e 0
awxi-Q d a€ $3axt pregrr
DEPARTMENT OF PUBLIC WORKS
5555 OVERLAND AYE. SAN DIEGO. CALIFORNIA 92123-1295
COUHT'r COUNTY COUNM ROAC
COUNN TRANS11
FLOOO WASTEWATEi
SOL11
Lie BcJsng, h., Directci
Coast Waste Management, Inc.
5960 El Camino Real
P. 0. Box 947
Carlsbad, CA 92008
Dear Mr. DeJong:
MCCLELLAN-PALOMAR. AIRPORT - COAST WASTE MANAGEMENT, IT.TC.
CONTRACT NO. 70630R
This letter is to clarify the conditions under which Coast Waste Management, Inc. may continue t
occupy and use the premises described in County Contract Number 70630R.
Effective June 1,1997, Coast Waste Management, Inc. (CJW) may continue to occupy and use th,
premises, commody known as 5960 El Camino Real, Carlsbad, California, on a daily basis unde
the same terms and conditions, except as noted below, as contained in the subject contract, a
amended.
Effective June 1, 1997, the monthly rent shall be TWENTY-THREE THOUSAND DOLLAR:
($23,000) per month; provided, however, that upon approval of a new lease between the County o
San Diego (County) and the City of Cadsbad (City) covering all or a portion of the premises, q
differences between $23,000 per month and the monthly rent in the lease with the City shall be pai
by CWM within 15 days of receipt of an invoice by the County.
Upon approval of said new lease between the City and the County, the terms and conditions of saic
new lease shall be retroactive to June 1, 1997.
Occupancy and use of the premises by CWM after the new Iease between the City and County i
approved by those two parties shall be governed by a sublease between the City and CWM, ifsuc
sublease is approved by the County.
-. -0
Mr. DeJong -2- May 30,199
As you know, the continued use and occupancy of the premises is being granted by the County I
bridge the gap until the County, CW, and the City sign the fmal Settlement Agreement and tk
new County/City lease and the City/CW sublease which are currently being finalized.
Very truly yours,
O+Udlf-
TIMOTHY A. WALSH, Assistant Deputy Director - Aviation
Department of Public Works
TAW: 3OR:mw
cc: Deputy County Counsel William Smith (.412); Deputy County Counsel Erin Ward (A12); Pa.
O’Shea, County Solid Waste Services (0383); D. Dwight Worden, Special Counsel, City (
Carlsbad; Bruce White, CounseI for CJW; Frank Mannen, Assistant City Mana, mer, Carlsbad
WITE IT - DON'T SAY u
Date 6/17
To CITY ATTORNEY, QRepIV Wanted
From Assistant City Clerk UNO Reply Necessary
RE: REQUEST FOR RECORDS - TRASH.. ....
We have received another request for "Trash/Coast Waste/Transfer Station"
records, pursuant to the Public Records Act. I have attached a copy for J
inf 0.
I believe this new request is from the "new1' attorneys for San Elijo Rand
You have previously had Dwight Worden respond to their requests. Please
let us know if you wish to have that done now.
If you wish us to respond, we can provide Mr. Fish a copy of the agenda bj
(#14,222) from last nite's Council Meeting and which was continued.
YL Please let us know how you wish this handled. Thanks for the help.
d
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CanlW, CA 92088
Re; bat,iar&hlic Records Pursutraro to .~.~rrac~..~P~~~~~~~
I208 CadW Wage Wve
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fig mp is 8 requa$ €M rmds puraumt to the Cdifomiw Public Records A% Gauarament Code
FJ 6250, $4 m tad concerns the Sari MUPAS LandfW and the sold waste system.
DrnLVITPONS
Far the prupase afthis request:
a. The words 'tadH #I$ "o?' as mcd llack m tcms ofagm d not of cxdusion and shall
have bo& cm$mtive and disjunclive dgs, and the woads +'my' md "all" mean each and every.
b, l'be wrd6 "ref'?' ad "relata" mean in whole or in pa? $0 discuss, describe, reflect,
rn~md&q wntair, analyze, &udy, report m, mmmt on, W~~EIZG~ cmulitulq mhKty. siatq
@ami&%3 reanmend, get forth, coneern, dd with, wain Po or in any way identiQ.
{I) All gr&y cf&c 1- or kahw 4snihr agrccncats snd mmpmnts, that rclatc to thc
Palom Tarans'er Suti061 (Coast Waote T&naget~& Tf~dki' $t&thdl).
(2j Au ageemem, &ip!atim dsettiemts, and other dxumerats betweeen the County of Sari Diw, b Cky dCM and Cms Waste Managam& hat ue &ixlive aflef Septmha 6, I%,
#nd tbi r&e to the d&r& &Coast W&e MW~gmflt. h, v. C'ounb~ cfSarn,Ufcigo and City - US. District Court - Southorn District of California, case t.tuluh 94-1823.
6w vt$T bi%eAe*ri%y. Ski're &%o ' hN D)I?SGU, CAwlOlWlA 92191 * TZLZ[,tioXE (619) SM-1414 9 F~IZS~MILE (619) ?3?-831.!
YIV !l\r~n - LA ixl4 W.w YDRK L 1.m AvGFrw SAM FtAMr!cco I:H!~'CO
# 9 0 LUCE, ORWN, ~~ICl'Oh' e+ SCNPPS Lli'
ATTOINEYSA'~ LAW * FWNULU 1873
Ms. bnc kutekw
Jwm 16, 1997
Pqc 2
Xb~ld p?r ilpcy decide to withhold, deny dsc~owve or csrherwise dol& any portion of documents
of any mh mataids %nd explaining with psrtimlaritythe Baia for ysut action.
We annticipete your response within tea working days &er receiving this rquest, ES requid by
&wezlmrxlt Cde 8 62S, The UIXI&~XNXI vhM p8y the reasanahfe, atandud charges for the actual sctorch time mi! cczpy'sng fees rapired in complying with this requea.
scll h tbe abcbvte ~~IIH, WX? vuest that YOU supply 3 d&dd statement describing thc nature
mdcyouforyinu asistam in this malts. F1a.s csntact me by tekfime DO arrange a convenient
date for &e inapedm 04 rccords.
hm, Porww& WImn & scripps LLP
DCIF:bas
1m-1 IA)530.01
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ATTORNEYS AT LAW FOUNDED 1873
BRIAN C. FISH
DIRECT D~%~Nm~~~(619)699-2424
INTERNET BFISH@LUCE.COM
OUR FILE NO.: 24873-8
June 16,1997
MA FACSIMlLE & U.S. MAlL
Ms. Lee Rautenkranz, City Clerk
city ofGajr!sl?aC! - city Er&
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Request for Public Records Pursuant to Government Code 5 6250. et seq.
Dear Ms. Rautenkranz:
This letter is a request for records pursuant to the California Public Records Act, Government Cc 8 6250, et sea. and concerns the San Marcos Landfill and the solid waste system.
DEFINITIONS
For the purpose of this request:
a. The words “and” and “of‘ as used herein are terms of inclusions and not of exclusion and sl.
have both conjunctive and disjunctive meanings, and the words “any’ and “all” mean each and eve
b. The words “refer” and “relate” mean in whole or in part to discuss, describe, reflc
mexoriaiize, contain, znziyze, study, repon on, comment on, evidence, constitute, embody, st;
consider, recommend, set forth, concern, deal with, pertain to or in any way identie.
RECORDS REQUESTED
(1) All presently effective leases, or other siiar agreements and arrangements, that relate to
Palomar Transfer Station (Coast Waste Management Transfer Station).
(2) All agreements, stipulations of settlements, and other documents between the County of
Diego, the City of Carlsbad and Coast Waste Management that are effective after September 6, 15
of Carlsbad, U.S. District Court - Southern District of California, case number 94-1823.
and that relate to the settlement of Coast Waste Management. Inc. v. County of San Dieao and (
600 WEST BROADWAY, SUITE 2600 - SAN DIEGO, CALIFORNIA 92101 * TELEPHONE (619) 236-1414 - FACSIMILE (619) 232-8
SAN DIEGO * LA JOLLA - NEW YORK Los ANGELES SAN FRANCISCO CHICAGO
**
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ATTORNEYS AT LAW FOUNDED 1873
Ms. Lee Rautenkranz
June 16, 1997
Page 2
Should your agency decide to withhold, deny disclosure or otherwise delete any portion of documer
of any such materials and explaining with particularity the basis for your action.
We anticipate your response within ten working days after receiving this request, as required
Government Code 0 6256. The undersigned will pay the reasonable, standard charges for the actl
search time and copying fees required in complying with this request.
Thank you for your assistance in this matter. Please contact me by telephone to arrange a convenie
date for the inspection of records.
contained in the above request, we request that you supply a detailed statement describing the natu
2&-*
Luce, Forward, Wton & Scripps LLP
BCF:bas
I:U1MS\BcF\1183538.01
April 9, 1997
W. Kevin Damall
San Elijo Ranch, Inc.
380 Stevens Avenue, Suite 307
San Diego, CA 92075
RE: Request for Public Records
On March 25, 1997, a response to the public records request from Latham & Watkins was
mailed by our special counsel, Worden, Williams, Richmond & Ellis. On March 27,
1997, we received a copy of a notice from Latham & Watkins concerning a change in the
representation. Due to the timing of that notification, Latham & Watkins should have
received the response from the city's special counsel and forwarded same to you. In any
event, I have enclosed a copy of that response for your records as well.
In addition, in the documents you faxed to me today, there was reference to a revised
Settlement Agreement which was approved by the City of Carlsbad on March 4, 1997.
Also enclosed for your records is a copy of the minutes of the Closed Session and
resulting announcement by the Mayor from that meeting.
&RT- ALETHA L. RAUTENKRANZ, MC
City Clerk
Encs. (2)
cc: Ron Ball, City Attorney - (Fax dtd 4/9/97 included)
D. Dwight Worden, Worden, Williams, Richmond & Ellis (Fax dtd 4/9/97 in-
cluded)
___"___
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (760) 434-2€ ."" -.
- 462 STEV
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VOICE 5 - 2, 3.. lF'S ,e..*. L,;llr"a&T.O.. FAX 6
0 ihE LAW OFFICES OF 0 \Y'<)[<[,L.-,\. \.'< ii i i.\.\l.q. Ki<:l-!~\l(')?~'V
5
March 25, 1997
T. Jay Thompson
Legal Assistant
Latham & Watkins
701 B Street, Suite 2100
San Diego, CA 92101-8197
Re: Your Request for Public Records
Dear Mr. Thompson:
This office serves as special counsel to the City of Carlsbad with respect to the Palomar
Transfer station, and your Request for Public Records directed to the Carlsbad City Clerk has
been referred to my ofice for response. With regard to your request, Carlsbad will comply by
producing the requested documents, subject to the privileges and qualifications noted below. Fc
your ease in reviewing our response, I will respond using the same number designations as set
forth in your request.
1. With regard to your category 1 documents requested, Carlsbad will review its fil
and will provide any documents that are responsive, i.e., public records documents which
Carlsbad may have received from the local enforcement agency relating to operations at the
Palomar Station. Carlsbad will not produce documents which are exempt from disclosure by
Government Code section 6254 and any of its subsections, in particular, subsections (a) [drafts
not kept in the ordinary course of business] and (b) [litigation related documents], which are exempt by section 6254,25, by other provision ofthe Public Records Act, of tne Evidence Codc
or which are otherwise privileged under federal or state law.
2. Carlsbad has no public record documents responsive to your request number 2 i
this time. Carlsbad will not produce documents which are exempt from disclosure by
Government Code section 6254 and any of its subsections, in particular, subsections (a) [drafts
not kept in the ordinary course of business] and (b) [litigation related documents], which are
exempt by section 6254.25, by other provision of the Public Records Act, of the Evidence Cod
or which are otherwise privileged under federal or state law.
3. There are no public record documents responsive to your request number 3 at t
time. Carlsbad will not produce documents which are exempt from disclosure by Government
Code section 6254 and any of its subsections, in particular, subsections (a) [drafts not kept in 1
F:\C~~S\Cn'CAD\COAS7WST\LETIERS\Cn%A5~.189
?_ COPY COR VOUR p#@Rb!j~pl
e 0
T. Jay Thomp
March 25, 1
pa1
ordinary course of business] and (b) [litigation related documents], which are exempt by sectio
6254.25, by other provision of the Public Records Act, of the Evidence Code, or which are
otherwise privileged under federal or state law.
I have asked Carlsbad staff to make a prompt search of the City files with respect to yc
request number 1 , and to double check with regard to your requests 2 and 3. Carlsbad will
and in no event later than 30 days from the date hereof You will be charged Carlsbad's
reasonable, standard charges for actual search time and copying fees. Until we know the scop
the documents, we are unable to advise at this time whether the cost will exceed $100.
endeavor to transmit to you any responsive, non-privileged documents, as promptly as possibk
I trust this is responsive to your request. If you need anything further, please let me kr
Sincerely,
DDWIdv
WORDEN, WILLIAMS, RICHMOND & ELLII &L)L 'Pro si0 "a1 Corporation ) ;.i Lt *
D. Dwigh; Worden
F:\CLIENTS\CTTCAD\CO~TWS~~RS\CTT51.189
0 0
MINUTES
MEETING OF: CITY COUNCIL (Special Meeting)
DATE OF MEETING: March 4,1997
TIME OF MEETING: 5:oO p.m. PLACE OF MEETING: City Council Chambers
CALL TO ORDER: Mayor Lewis callcd the Mceting to order at 5100 p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Mcmbcrs Hall, Nygaard, Kulchin, Mayor Pro Tem Finnila and Mayor LC
CLOSED SESSION:
Council adjourncd to a Closcd Session at 540 p.m. to discuss the following:
I. PENDING LITIGATION AND POTENTIAL ACQUISITION OF PROPERTY.
Pursumt to Govcmmcnt Codc Scclion 54356.9(a), lhe Coast Waste Management v. County pcnc
litigation, Case No. 94-1823-S(BTM), the Citv v. County pending litigation, Case No. N66415,
pursuant to Govcmmcnt Codc Scction 54956.8, the acquisition or potential acquisition of real prop
located on the east sidc of El Camiijo Real, north of Palomar Airport Road, and generally identifie
thc Palomar Transfer Station, APN 209-050-25.
2. ACQUISITION OF REAL PROPERTY.
Pursuant to Government Code Scction 54956.8, the acquisition or potential acquisition of real pror
located at the northeast corner of El Carnino Real and Olivenhain Road, and generally identifie
Olivcnllain Road Railroad Propcrly Easement, APN 255-023-0 1.
ACTION: Council reconvcncd at 6: 12 p.m., and Mayor Lewis announced that on Item No. 1, ’
Council has bccn meeting in closcd scssion in an attempt to resolvc certain legal is:
surrounding the use and operation of thc Palomar Transfcr Station. Tonight the (
Council has approLcd in concept a plan whcrcby the City will obtain possession
control of the Palomar Transfer Station to provide solid waste transfcrring capab
to thc citizcns of CarlsLad and othcr North County rcsidcnts.
If the San Dicgo County Board of Supcrvisors concurs with our recomrncndati
tomorrow, we will dircct our attorneys to prcparc (hc appropriatc documents for
nest available Council’s agenda.”
0 a
March 4, 1997 CITY COUNCIL (Special Meeting) Page 2
On Item No. 2, Council instructed staff and the attorney concerning the matter.
Respectfully submitted,
ALETHA hR. L. RAUTENKRANZ, P-
City Clcrk
Carol A. Cruise
Minutes Clerk
TAN ELIJO WNCH, INC. 0
-
380 Stevens Avenue, Suite 307 Solana Beach, CA 92075
€-Mail Address: Saneljgo@aui.com
6191793-806-0 Fax: 6191793-8070
R. Randy Goodson -8056 W. Kevin Darnall -8084 Simon G. Malk -8067
TO
PAX TRAfiSMISSKEi
7- . CATV c.ww
FAX # (>bo\* \ 4-54 \Y8% 1
FROM
DATE
RE
PAGE($)
IrJ Twa*
4 14 IT3-
"-- Copy to follow by mait&&
nc!udes Cove; Sheet)
Comments
The information contained in this facsimile message is privileged and confidential information intecded for the use
of the addressee iisted above. If you have received this telefax in error, pleasc immediately notify M by telephone
to arrange for the return of the original document.
0 0
SAN ELIJO RANCH, hC.
380 Stevens Avenue, Suite 307
San Diego, CA 92075
€-Meif Address: Sanelfio @ad. corn
61 9/793-8060 Fax: 61 9/793-8070
R. Randy Goodson -8066 W. Kevin Damall -8064 Simon 6. Malk -8067 - April 7,1997
Ms. Rautenkranz, City Clerk
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
San Diego, CA 92008
Re: Request for Public Records
Bear Ms. Rautenkranz:
On March 13,1997 a public records request wits mailed to you by Latham &t Watkins on behalf 0:
this firm (copy attached). Pwsuant to Government Code Section 6256, a response should have beer
provided to us within ten days after ths request was received. It is now April 7, 1997 and we havt
seen no record of' your qxme. I would also like to call to your attention the attached letter fion
Coast Waste Management to the LEA which indicates that Item 2 (the Settlement Agreement) in tht
Latham & Wakins letter was approved by both the county and the City of Carlsbad in early March
We can see no reason why the requested documents can be witlaheld at th;s time.
You can respond to the original request directly to me or to OUT new attorney Mr. Jeff Chine at Lua
Forward, Hamilton & Scrigps, 600 West Broadway, Suite 2600, Sm Diego, California 92101. 0
if you feel compelled to respond to Latham & Watkins, please do so.
Thank you for your assistance in this matter.
Sincerely,
SAN ELIJO RANCH, INC. bw W. Kevin Dmdl
Enclosure
cc: T.J. Thomson
Jeff Chine anwm--,n
04/09/97 WED 10105 FAX
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CAUL m. WAT*lN+ 1:CQO-lO7Jl
O&NA LATWAY 1100~*10741
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rELcrnouE 13101 e70-7700
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033 WEST N~W rrrcu. suwe 4000
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MOSCOW. RUSStA 147I90 rcLc(aHonc t 7.003 ssu-ss65
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0 LATHAM. & WATKINS
ATTORNEYS AT LAW
701 ‘E“ SFER, SUm 2100
SAEI MEGO. CAUFQRNU QL0”Of
TELEPHONE ($193 236-4234
FAX t6lO) 696-7419
March 13,1997
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HfWhR(. MCW JER5fY 0710
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COSIA MLSA. CAkiFORN(\& Qpt
TCLCCWONL 17141 I.0-I, wx ~14) 7as80t~c -
591 MONTbOWCRY SfREfT, St
SAM SRAYClLCO. CALIrQRNIA C
TCLCPMOkE 1416) .lOl.Or
FAX tdt5) IOS.0003 -
IOOL CENXUYLVLWIA AVL.. N.W..
WASHINOYOU. O.C. ZOO84
TLLLPUOUE IZOP) 837.2
I‘AX (EOI) 037.LZ0
FilaNo. Ulf3.
Jim Magee
County of San Diego
Department of Public Works, Solid Waste Division
5555 Overland Avenue
San Diego, CA 92123
Richard Gib
Local Enforcement Agency
County of San Diega, Environmental Health Services
P.O. Box 85261
San Diego, CA 92 J 86-526 I.
Lee Rautenkranz, City Cterk
City of Carlsbad
City Hall
1200 Carlsbd Village Drive
San Diego, CA 92008
Re: to hemnmLCode 6 6250- et seq.
Dear Mr. Mimer, Mr. Gilb and Ms. hutenkrmz:
mi letter is a request for recads pursuant to the California Public Records Act,
Govepment Code 5 6250, m. and concerns the Palomar transfer station.
SD_ooCS\slG%.1
I , . . p‘ ~, .. . . . . ..
m 0
LATHAM Et WATMfNS -
.-
March 13, 2997
Page 2 -
For the purpose of this request:
8. The words ‘and” and ‘br” as used herein are terns of inclusions andl not ofexclusian
and shall have both conjunctive and disjunctive meanimgs, and the words ‘‘any” and “all” mean each and
every.
b. The words “refer” and “relate” mean in whole or in part to discuss, describe, refiecr,
memorialize, contain, analyze, study, report on, comment on, evidence, constitute, embody, state,
consider, recommend, set forth, concern, deal with, pertain to or in any way identi@. -
(1) Any and all documents relating to authorizahn hy the bca! Enforcement Agency for operatious at the Pdoomar traasfer station to begin at 8889 tons per day.
(2) Any settlement agreement or any other agreement between tie County of
San Diego, City of Carasbad, and Csasd Waste Management of Carlsbod relatirig, ia whole or in
part, to the Paismar transfer stztion dated after Octoberl3,1996.
(3) Any and all Ieases dated after February 27,1997, wbich relate to the
Palomar transfer station, including but not limited to a master lease fmm the County of §an Diego
to the City of Garlsbad and a sublease from the City of Carbbad to Coast Waste Management.
These documents are referenced on page thee of a letter from Coast Waste Management
to the City of Carisbad, which has been attached for your reference.
Should your agency decide to withhold, deny disctosure or otherwise delete any portion
of documents contained in the above request, we request &at you supply a detailed statement describing
the nature of any such materials and explaining with particuIarity the basis for your action.
The undersigned will pay the reasonable, standard charges for the actual search time and
copying fees required in complying with this request. In the event that the copying costs exceed
$100.00; phse contact me in advame t~ discuss alternatives.
SD~~lQ%.l
7 0 0
LATHAM & WATUlW
{
March 13, I937
Page 3
-.
We anticipate your response within ter! working days after receiving this request, as
required by Government Csdc 6 6256.
Thank you for your assistance in ahis matter.
Verq‘ truly yoursp
7f-;7-” fb -
T. Jay Thompson
~~gi Assistint
Attachment
cc: Erin C, Ward, Deputy County Counsel
SD-DOCWl696.P
”. -.
0 0
"
.. m COAST WAS18 MANAOIIMIWI; INC.
681Um-m RtCYCLiWO
S~MQ CL C4UtNO auL P.O. BOX 947
e&*%.88AO. CA 0201(10047
TCL: a I 9-929.9100
dIS4S2*9110
FM: 6199310219
March 10, I997
RE{*. T: i:.'ED
Hnrc I3 5 c18 P"
C' L'. , A1 , ..
HE&:'!; > - 7 :;,E9 .. c '..tn
Mr. Dan Avera &EA) Director Department of Enviromentd Health
P.O. Box 85261
San Biego, Cdifornia 92 186426 1
Subject: Coast Waste Management Transfer Station
Dear Mr. Ava:
Coast Waste Management presently has a Solid Waste Facility Permit (SwFp) to process 400 to
per d2y of trash at the Coast Waste Management Transfer Station located in the City of Carlsbal
Coast Waste Management has requested-a CUP re+ision fiom the City of Cdsbad to increase a
allowable tonnage to 800 tons per day. This a&dn was taken due PO the fact that the San Marc Landfill is scheduled to close on March 1 I, 1997.
In addition, Coast Waste Management has s~sarted tne process of appiying for a revised SWFP a
has submitted a revid Report of Station Momtion @.ST) to the W Enforcement Agency (LE.
for review.
The application for a revised CUP was 8ppprsved by the City of Carlsbad P1h.g Cornmission
March 5, 1997.
It is my understandig ohas a copy of the StaE Report and Recommendation has been fowded
the LEA by tfi& City of Calsbad, together with other materials wkck suppoa the CEQA issues a
findings regarding this project.
It had always been the intent of Coast Waste Management to start the SW process in a tim
mmcr which would have provided for the process to have been completed prior to the closing
the Saa Marws km&M.
hhtunately, wgation between the Solid Waste Authority, the County sf San Diego,@e,City
Carlsbad and Coast Waste Management traS not made that possible. .ii L it1
;<,,ttt Cyitl,q Ottr H
C3LLEiT(ON TR.I'.SfER PESCVRCE C
e 0 RE $-,. .- : .: + #\ .. - *. t ,! C D
- haft Id J aa M'9?
Mr. Dan Avera (LEA) Department of Environmental Hcalth Page 3 H E Ai 'i &, 1g.M :u ..I, ' . 41
Following the County's action to reassume control of the Solid Waste System in nud-Nczvembtr 1%
and the subsequent dissolution of the Solid Waste Authority, the thee remainhi parties have bee
workinp, diligently to enter into a longer tmn agreement IO increase the diswable capacity to at rea
808 tons per day.
"" - 4 fhis effort has resufted in a revised Settlement Agreement which has been approved by the City 1
Carlsbad on March 4, 1997 ad the County of San Diego on March 5, i997.
Sincerely, // /'
J-/kZL& "* I IS.' .'
".-I"
,. .. ,. , . .A-
.1-
.i"
Conrad Pawelski
PresidendGemd Manager
CPxm
,,J
\ /"
.,// ..,'
L-/
0 0
SAN ELIJO RANCH, INC. I
380 Stevens Avenue, Suite 307 San Diego, CA 92075
E-Mail Address: Sanelijo @aol.com
61 9/793-8060 Fax: 61 9/793-8070
R. Randy Goodson -8066 W. Kevin Darnall -8064 Simon G. Malk -8067
VIA FAX & MA
April 7,1997
Ms. Rautenkranz, City Clerk
City of Czrlsbad
1200 Carlsbad Village Drive
San Diego, CA 92008
Re: Request for Public Records
Dear Ms. Rautenkranz:
On March 13, 1997 a public records request was mailed to you by Latham & Watkins on behalf
this firm (copy attached). Pursuant to Government Code Section 6256, a response should have be
provided to us within ten days after the request was received. It is now April 7, 1997 and we ha
seen no record of your response. I would also like to call to your attention the attached letter fic
Coast Waste Management to the LEA which indicates that Item 2 (the Settlement Agreement) in t
Latham & Watkins letter was approved by both the county and the City of Carlsbad in early Marc
We can see no reason why the requested documents can be withheld at this time.
You can respond to the original request directly to me or to our new attorney Mr. Jeff Chine at Lla
Forward, Hamilton & Scripps, 600 West Broadway, Suite 2600, San Diego, California 92101.
if you feel compelled to respond to Latham & Watkins, please do so.
Thank you for your assistance in this matter.
Sincerely,
SAN ELIJO RANCH, INC.
City Hall
W. Lw Kevin Darnall -
Enclosure
cc: T.J. Thomson
Jeff Chine
G.\WP60\WDOcS\SE.W
A, 0 LATHAM. & WATKINS 0
PAUL R. WATUINS (1800-10731
DANA LATNAH 11008-10741 -
TELEPMONE (3121 678-7700
CMICACO. ILLINOIS eoeoa SEARS TOWER. SUITE 5800
FAX 13121 903.0787 -
LONDON CCZR ~MJ ENGLAND
FAX + 44-171-374 4400 -
e33 WEST nnn STREET. SUITE 4000
ONE ANGEL COURT
TELEPMONE + 44-171-374 44114
LOS ANGELES. CALIFORNIA 00071-2007
TELEPHONE I2131 485-1254
FAX 1213) e01-e703 -
ll3ll LENINS6Y PROSPECT. SUITE CZOO
MOSCOW. RUSSIA 117108
TELEPMONE + 7-503 950-5555
FAX + 7.503 050-5550
ATORNEYS AT LAW
701 -a- STREET. sum 2100
SAN DIEGO. CALIFORNIA 92101-8197
TELEPHONE 1619) 236-1234
FAX 1619) 696-7419
March 13,1997
-
NEWARK. NEW JERSEY 0711
ONE NEWARU CENTEl
TELEPMONE I2011 e30-I
FAX tzoll 030.720~ -
685 TMlRO AVENUE. Sullt
NEW YORU. NEW IOR6 '002,
TELEPMONE 1212) 006-1i
FAX 12121 751-lee4 - eso TOWN CCNTER DRIVE. su
COSTA MESA. CALIFORNIA 021
TELEPHONE 17141 540.1;
FAX 17141 755-8290 -
505 MONTGOMERY STREET. SL
SAN FRANCISCO. CALIfORNlA o
TELEPMOLIE <4IS> 3DI-0e
FAX 14151 305-8095 -
1001 PENNSYLVANIA AVE.. N.w.. !
WASHINGTON. 0.c zoooa-
TELEPMONE (202J 637-2.
FAX 12021 637-2201
FileNo 22173-1,
VIA U.S. MAIL
Jim Magee
County of San Diego
Department of Public Works,
Solid Waste Division
5555 Overland Avenue
San Diego, CA 92123
Richard Gilb
Local Enforcement Agency
County of San Diego, Environmental Health Services
P.O. Box 85261
San Diego, CA 92 186-5261
Lee Rautenkranz, City Clerk
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
San Diego, CA 92008
Re: Reauest for Public Records Pursuant to Government Code 6 6250. et sea,
Dear Mr. Minner, Mr. Gilb and Ms. Rautenkam:
This letter is a request for records pursuant to the California Public Records Act,
Govemment Code 3 6250, et seg. and concerns the Palomar transfer station.
SD-DOCS\S 1696.1
' "v;"
LATHAM & WATKINS e 0
March 13, 1997
Page 2
DEFINITIONS
For the purpose of this request:
a. The words “and” and “or” as used herein are terms of inclusions and not of exclusio
and shall have both conjunctive and disjunctive meanings, and the words “any” and “all” mean each an
every.
b. The words “refer” and “relate” mean in whole or in part to discuss, describe, reflect,
memorialize, contain, analyze, study, report on, comment on, evidence, constitute, embody, state, consider, recommend, set forth, concern, deal with, pertain to or in any way identify.
pECORDS REOUESTED
(1) Any and all documents relating to authorization by the Local Enforcement
Agency for operations at the Palomar transfer station to begin at 800 tons per day.
(2) Any settlement agreement or any other agreement between the County of
San Diego, City of Carlsbad, and Coast Waste Management of Carlsbad relating, in whole or in
part, to the Palomar transfer station dated after October23,1996.
(3) Any and all leases dated after February 27,1997, which relate to the
Palomar transfer station, including but not limited to a master lease from the County of San Diega
to the City of Carlsbad and a sublease from the City of Carlsbad to Coast Waste Management.
These documents are referenced on page three of a letter from Coast Waste Managemen
to the City of Carlsbad, which has been attached for your reference.
Should your agency decide to withhold, deny disclosure or otherwise delete any portion
of documents contained in the above request, we request that you supply a detailed statement describing
the nature of any such materials and explaining with particularity the basis for your action.
The undersigned will pay the reasonable, standard charges for the actual search time and
copying fees required in complying with this request. In the event that the copying costs exceed
$100.00, please contact me in advance to discuss alternatives.
SD_Docs\51696.1
e e
LATHAM & WATK1M.S -.
March 13, 1997
Page 3
we anticipate your response within ten working days after receiving this request, as
required by Government Code 9 6256.
Thank you for your assistance in this matter.
Very truly yours,
W,?L"/ -
T. Jay Thompson
LegaI Assistant
Attachment
cc: Erin C. Ward, Deputy County Counsel
SD-DOC.95 1696.1
1 0 m
.e E3 m COAST WASTE MANAGEMLNT. INC.
LllRRTY RLCYCLINO
Sod0 EL CAMlHO REAL P.O. BOX 947 R E f" 7 'i 0.;: E Q
CARUEAO. CA s201a-0947
TEL: 6 19-929-9400
6 19-452-98 IO HAR 13 5 08 PH '97
FAX: 619-931-0219 , .I Zl . >. L
March IO, 1997
CI. HEAL: :: 2 - :i:,ES ., -."n
Mr. Dan Avera (LEA)
Director
Department of Environmental Health
P.O. Box 85261
San Diego, California 92 186-526 1
Subject: Coast Waste Management Transfer Station
Dear Mr. Avera:
Coast Waste Management presently has a Solid Waste Facility Permit (SwFp) to process 400 '
per day of trash at the Coast Waste Management Transfer Station located in the City of Carlsb
Coast Waste Management has requested-a CUP revision fiom the City of Carlsbad to increase
allowable tonnage to 800 tons per day. This action was taken due to the fact that the San Ma
Landfill is scheduled to close on March 1 1, 1997.
In addition, Coast Waste Management has started the process of applying for a revised SW
has submitted a revised Report of Station Information (RSQ to the Local Enforcement Agency (I
for review.
The application for a revised CUP was approved by the City of Carlsbad Planning Commissic
March 5, 1997.
It is my understanding that a copy of the Staff Report and Recommendation has been forward
the LEA by the Ci of Carlsbad, together with other materials which support the CEQA issue
findings regarding this project.
It had always been the intent of Coast Waste Management to start the SWFP process in a t
manner which would have provided for the process to have been completed prior to the cfosi
the San Marcos Landfill.
Unfortunately, litigation between the Solid Waste Authority, the County of Sari Diego$f\(:
Carlsbad and Coast Waste Management has not made that possible. ,.( ( ? t c'
l.'$j,ly Out'
gc;Oil
C~LLE<TION TR.+bSFEQ RESC'JR(
*I e e RE I'. ;: ;'.;?f: D
HIR ill J OQ pH'%
* "
Mr. Dan Avera (LEA) -I* . . :i
Department of Environmental Health Page 3 HEAL; &h.I@@
:: L
Following the County's action to reassume control of the Solid Waste System in mid-November 19!
and the subsequent dissolution of the Solid Waste Authority, the three remaining parties have bel
800 tons per day.
This effort has resulted in a revised Settlement Agreement which has been approved by the City
Carlsbad on March 4, 1997 and the County of San Diego on March 5, 1997.
womg diligently to enter into a longer tern agreement to increase the allowable capacity to at lee
0 "" "
i \ f$L..kL .I /'' 'I.
/ / Sincerely,
._""- ----"-----
,,
2. 1 Conrad Pawelski i
PresidendGeneral Manager ,/" / CP:cm /' ...'
"\"* JI //'a
March 27, 1997
D. Dwight Worden
Worden, Williams, Richmond & Ellis
462 Stevens Avenue, Suite 102
Solana Beach, CA 92075
RE: PUBLIC RECORDS RECORDS REQUEST OF T. JAY THOMPSON
We have received notification from T. Jay Thompson of Latham
& Watkins that his firm no longer represents San Elijo
Ranch, Inc. Mr. Thompson further stated that all responses
to outstanding Public Records Act Requests should be
directed to the new attorneys, Jeffrey Chine and Chris
Findley of Luce, Forward, Hamilton and Scripps.
Since you responded on behalf of the City of Carlsbad to Mr.
Thompson's request, dat&d March 13, 1997, I have enclosed a
copy of his latest correspondence, dated March 25, 1997. &z+ Assistant Ci Clerk
Enc .
C: Ron Ball, City Attorney
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-21
L ’”. p&z&A%@ e rA&7
LATHAM & WATKINS ZG
PAUL R. WATKINS (1899-1973)
DANA LATHAM (1898-1 974)
ATTORNEYS AT LAW NEW JERSE~FICE ONE NEWARK CENTE
NEWARK, NEW JERSEY 071(
SAN DIEGO, CALIFORNIA 92101-8197 TELEPHONE 1201) 639-1
701 “B” STREET, SUITE 2100
CHICAGO OFFICE
SEARS TOWER, SUITE 5800
CHICAGO, ILLINOIS 60606
TELEPHONE 1312) 876-7700
FAX (31 2) 993-9767
LONDON OFFICE
ONE ANGEL COURT
LONDON EC2R 7HJ ENGLAND
TELEPHONE + 44-71-374 4444
FAX + 44-71-374 4460
LOS ANGELES OFFICE
633 WEST FIFTH STREET, SUITE 4000
LOS ANGELES, CALIFORNIA 90071-2007
TELEPHONE 1213) 485-1234
FAX (213) 891-8763
TELEPHONE (61 9) 236-1 234
FAX (61 9) 696-741 9
TLX 590778
ELN 62793276
FAX 1201) 639-729E
NEW YORK OFFICE
885 THIRD AVENUE, SUIT1
NEW YORK, NEW YORK 100
TELEPHONE (212) 906-1
FAX 1212) 751-486‘
ORANGE COUNTY OFF
650 TOWN CENTER DRIVE, SI
COSTA MESA, CALIFORNIA 9:
TELEPHONE (714) 540-1
March 26, 1997 FAX I7141 755-829(
SAN FRANCISCO OFF1
505 MONTGOMERY STREET, S
SAN FRANCISCO, CALIFORNIA !
TELEPHONE (41 51 391-0
FAX (41 5) 395-8095
MOSCOW OFFlCE
11 311 LENINSKY PROSPECT, SUITE C200
MOSCOW 11 71 98 RUSSIA
TELEPHONE + 7-503 956-5555
FAX + 7-503 956-5556
WASHINGTON, D.C. OF1
1001 PENNSYLVANIA AVE., N.W.
WASHINGTON, D.C. 2000f
TELEPHONE (2021 637-2
FAX (202) 637-2201
U.S. MAIL
Distribution
Re: San Eli-io Ranch, Inc.
To Whom It May Concern:
Please be advised that Latham & Watkins no longer represents San Elijo
Ranch, Inc. San Elijo’s new attorneys are Jeffrey Chine and Chris Findley of Luce,
Forward, Hamilton and Scripps. All responses to outstanding Public Records Acts should b
directed to them. You can reach Mr. Chine and Mr. Findley at 236-1414.
Very truly yours,
1.3 -+”
T. Jay Thompson T-
Legal Assistant
cc: Christopher W. Garrett, Esq.
Jeffrey Chine, Esq.
Chris Findley, Esq.
Thomas F. Geselbracht, Esq.
Randy Goodson
”
SD\WPSl\sanelijo\subconsl.lu
A.
L 0 e
.-..
Distribution
Joseph Minner, Department of Public Works
Jim Magee, Solid Waste Division
J. E. Fitting, Department of Purchasing and Contracting
5555 Overland Avenue
San Diego, California 92123
Jon Rollin, Department of Public Works
County of San Diego
John Sansone, County Counsel
Ian Fan, Deputy County Counsel
County of San Diego Office of County Counsel
County Administration Center
1600 Pacific Highway, Room 355
San Diego, California 92101-2469
Richard Gilb
Local Enforcement Agency County of San Diego, Environmental Health Services
P.O. Box 85261 San Diego, California 92186-5261
Lee Rautenkranz, City Clerk
City of Carlsbad City Hall
1200 Carlsbad Village Drive San Diego, CA 92008
"
0 * THE LAW OFFICES OF 462 STEVI
W’OI<DEX. \.‘ILi~I.A.\IS, I<lCHll<>XF> ~yr !:.[-1.lS SOLANA BEACt
VOICE 6’
6’ .. “zi~%zio..lL :OL9OeIT,O.. FAX 6
MEMORANDUM
TO: Ron Ball, City Attorney
FROM D. Dwight Worden, Esq.
DATE: March 20,1997
RE: CoastPalomar: Response to Public Records Request
Enclosed for your review and approval is a draft of my proposed response to the Public Records
Act request served on the City by Latham & Watkins. The request is dated March 13,1997, and the Cii
has 10 days to respond indicating whether or not it will produce documents (Gov. Code $6256). Nth01
section 6256 does not indicate whether the “10 days” is 10 calendar days or 10 working days, to be safe:
would like to respond no later than Monday, March 24, 1997, the first business day after the earliest datc
upon which the 10 days could expire. If the enclosed draft meets with your approval, please leave word
that effect at my office and we will see that it goes out. If you would prefer to send a response directly
from your office, that would also be fine.
As I am sure you know, generally, all City records are considered public records subject to
disclosure unless they are expressly exempted. The key exemptions that apply to the Coast/Palomar
documents are the litigation exemptions of the Act and the preliminary drafts exemption. I have cited
these, as well as other potentially applicable exemptions.
With respect to the specXcs of the request, I note the following:
1. Request number 1 asks for documents “relating to authorization by the local enforceme]
agency for operations at the Palomar Transfer Station to begin at 800 tons per day.” The only documen
that we have, that I am aware of, responsive to this request is the copy of the Notice and Order issued b
the LEA. I think the only documents that are responsive are documents issued by the LEA of which we
may have copies. I do not thmk, for example, that the Carlsbad CUP, stareport, etc., are responsive tc
this request since they do not “relate to authorization by the local enforcement agency,” even though the
City records are public records. Therefore, I think the only task is for City staff to double check its files
see if we have any other documents fiom the LEA (I do not think we do).
Follow Up TO-DO: Staff should review the Carlsbad City files to see if there are any documents
issued by the LEA, other than the recent Notice and Order.
F:\CLIENTS\C~C~\CO~~S~~~C~51.1~
..
.- .
0 0
Ron Ball, City Attorn
March 20,19!
Page
2. While we have a litigation settlement agreement signed by all parties and entered in the
federal court litigation, this document is dated before October 23, 1996. You will note that the request or
asks for documents dated after October 23,1996. Likewise, there may be agreements between Carlsbad
and Coast on file at the City, but I am not aware of any three party agreements dated after October 23,
1996, that would be responsive. Note, however, that the Definitions section in the Request indicates that
the word “and” is to be read as both “and” and “or.” Therefore, if there is any agreement dated post-
October 23,1996, between Carlsbad and Coast, I would like to review such document to determine if it i
responsive (I am not aware that there are any).
Follow Up TO-DO: Staff should review the City files for any CarlsbadCoast agreements or
CarlsbadKoadCounty agreements that are find and signed, and therefore public, dated after October 2:
1996.
3. The existing lease for the Palomar site is reflected in a letter lease extension agreement
executed by the County as lessor and Coast as lessee. This document is dated before February 27, 1997:
however, and therefore need not be produced under request number 3. While new leases are in the procc
of being drafted, there is no final, signed new master lease between the County and Carlsbad, nor is then
new final sublease between Carlsbad and Coast. Therefore, these draft new leases are privileged and nec
not be disclosed.
Follow UP TO-DO: Nothing required.
Bottom line: Unless there is something in the City files that I am not aware of, I think the only
document we have to produce is the Notice and Order from the LEA. To be safe, I am recommending t
City staff double check the files. Let me know what else I can provide.
Sincerely,
WORDEN, WILLIAMS, RICHMOND & ELLIS
A Professional Corporation
9- D. Dwight pypMJo4@ Wor en
DDW/dv
Enclosure
c: Lee Rautenkranz, City Clerk
Frank Mannen, Assistant City Manager
Felicia Brechtel
Dictated by writer: signed and faxed in his absence to avoid delay.
P.S. A copy of the Request for Production is attached for your convenience.
F:\~S\~CAD\CO~~S~~\~C~5 1.190
I 0 0
.. ~
March 20,1997
T. Jay Thompson
Legal Assistant
Latham & Watkins
701 B Street, Suite 2100
San Diego, CA 92101-8197
Re: Your Reauest for Public Records
Dear Mr. Thompson:
This office serves as special counsel to the City of Carlsbad with respect to the Palomar
Transfer station, and your Request for Public Records directed to Carlsbad City Clerk has been
referred to my office for response. With regard to your request, Carlsbad will comply by
producing the requested documents, subject to the privileges and qualifications noted below. FOI
your ease in reviewing our response, I will respond using the same number designations as set
forth in your request.
1. With regard to your category 1 documents requested, Carlsbad will review its file
and will provide any documents that are responsive, i.e., public records documents which
Carlsbad may have received from the'local enforcement agency relating to operations at the
Palomar Station.
2. There are no public record documents responsive to your request number 2 at thi-
time. Carlsbad will not produce documents which are exempt from disclosure by Government
Code section 6254 and any of its subsections, in particular, subsections (a) [drafts not kept in tht
ordinary course of business] and (b) [litigation related documents], which are exempt by section
6254.25, by other provision of the Public Records Act, of the Evidence Code, or which are
otherwise privileged under federal or state law.
3. There are no public record documents responsive to your request number 3 at thi
time. Carlsbad will not produce documents which are exempt from disclosure by Government
Code section 6254 and any of its subsections, in particular, subsections (a) [drafts not kept in thc
ordinary course of business] and (b) [litigation related documents], which are exempt by section
6254.25, by other provision of the Public Records Act, of the Evidence Code, or which are
otherwise privileged under federal or state law.
F\CLIENTS\CITCAD\C0~ASTWSntETTERS\CITCAD89
..
0 0
T. Jay Thompson
March 20, 1995
Page 1
I have asked Carlsbad staff to make a prompt search of the City files with respect to your
request number 1, and to double check with regard to your requests 2 and 3. Carlsbad will
endeavor to transmit to you any responsive, non-privileged documents, as promptly as possible,
and in no event later than 30 days from the date hereof. You will be charged Carlsbad's
reasonable, standard charges for actual search time and copying fees. Until we know the scope ol
the documents, we are unable to advise at this time whether the cost will exceed $100.
I trust this is responsive to your request. If'you need anything further, please let me know
Sincerely,
WORDEN, WILLIAMS, RICHMOND & ELLIS
DDW/dv
F\~~S\CTTCAD\COASTWST\LEITERS\CTTC51.~~9
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DAW* LA?*** fl8Q&lQ74l
OFFICE,
SEARS TOWER, SUIT& 68~0
CHICAGO. ILLINOIS 9000~ rtxcmow wz) 070.7700
CAW (3121 0P3-PI137
LJziP-
ONE *noel cauw
LONOOH EC2R 'In4 EWCLAND rECElrnoNE + drn-i>~->?c aacx
SAX C 4-?-i71-774 UPGO . i WC.', Fq nFFIx
a93 WEST PIFW STTqEtT. Bull€ do00
LO5 ANCELEB. ChLlrORhlA 00071-2007
TECEPNOWL (:(3) leS-1~3~
FAX (L13) 001.&70a
nwLQ2lLsLEGL
lIJl1 LENINSKI PROSPECT. SUITC CZOO
hOSCOW. RUZSIA 1171eb
TELEPHOXE + 7.603 05G-55G5
rA% 7 7.5a3 060-5558
AnORNEYS AT LAW &*W JFR-W
701 -a- STREEL sum a00 dNC keWARR CCP
sku DliGO. CAUFORN~A 92101-8197
ELEPHCNE (6iQl 258-1234
FAX 1819) 696-7419
NEWAM. HCYf JEISET <
TCLEpHQkE \ea)) a:
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NEW TORK. hEW VOnK 1-1
8.95 TWAO AVVENUC. su
TELEpHeHc (212) SO(
FAX tZfrt! 751*QB(
450 TOWW CENTCR DRtvC. :
CD87A HE=& CILICOSNlA Pi xLcPnouE (714) 540.
rAX f71al 7YS-8Zm
March 13,1997 505 UONrCOUERT STRLR. z $An FlZANCI.'.CO. CALIFORNIA I
TCL~PIIQNE cc16~ 1o1-0
TAL. CalC) 295-8091 -
1001 PCNWiTLVhNlA AYE.. N.w..
WA8NINCTOI+. 0.C- QOOOd-
TELEtSHDNe C2081 oa7.22
rAX (tDZ1 837*2~01
File No. 22 113- fd
VJA rJ.W
Jim Magee
County of San Diego .
Department of Public Works,
Solid Waste Division
5555 Overland Avcnue
San Diego, CA 92 123
Richard Gilb
Local Enforcement Agency
County of San Diego, Environmental HeaIth Services
P.O. Box 8526 I
San Diego, CA 92186-5261
Lee Rautenkranz, City Clerk
City of Carlsbad
City Hall
1200 Carlsbad ViIIage Drive
San Diego, CA 92008
l
Re: ' B.eque~ecord~~~rsgmt to Goverqrn"
Dear Mr. Minner, Mr. Gilb and Ms. Rautenkranz:
This letrer is a rcqucst for records pursuant to the California Public &cords Act,
Government Code 5 6250, m. and concerns the Palomar transfer s;ation.
-.
sD_~S\51696.1
..
.....- ” I ,.._..” -
.I ‘
t
LATHAM & WATKINS
March 13,1997
Page 2
0 .. .
9,
QlmEEmE
For the purpose of this request:
a. The words “and” and “or” as used herein are tenns of inclusions and not of exclu.
and shall have both conjunctive and disjunctive meanings, and the words “any” and “all” mean each
every.
b. Tlx words LLrefer’’ and ‘‘relate” mean in whole or in part to discuss, describe, refit
memorialize;contain, analyze, study, redart on, comment on, ev;dence, constitute, embody, state,
consider, recommend, sct fonh, concern, deal with, pertain to or in any way identi@.
EECORTISR~EOUES~ED
(1) Any and dl documents relating to suthorization by thc Local Enforceme
Agency for operations at the Palomar transfer siafion to begin at 800 tons per day.
(2) Any settlement agreement or any other agreement between the County o
San Diego, City of CarIsbad, and Coast Waste Management of Csrlsbad rclatiig, in whole or jr
part, to the Palomar transfer station dated after October‘23,1996.
(3) Any and all ieases dated after February 27,1997, which relate to the
Palomar transfer station, including but not limited to 9 master lease from the County of San Die
to the City of Carkbad and a subkase from the City of CarIsbad ts Coast Waste Management,
These documents are referenced OR page threc of a letter from Cokt Waste Mansgem
to the City of Carisbad, which has been attached for your refenwe. - +st- w
ShouId your agency decide to witMloId, deny disclosure or otherwise delete any portic
of documents contained in the above request, we request that you supply a detailed statement describin
[!le namrt of any such rnateriaIs snd explaining with particularity the basis for your action.
The undersigned will pay the rezsonable, s‘andatd charges for the acwai search time a.
copying fees required in complying with this request. In the event that the copying costs exceed
S 100.00, please contact me in advance to discuss altcmatives.
-.
-- SD_DoCs\S 1696.1
..
.c 0 0 = :
"8 ,
LATHW 8c WATKINS
March 13, 1997
Page 3
We anticipate your response within ten working days after receiving this request, a
required by Govemment Code 9 6256.
Thank you for your assistance in this matter.
Very truly yours,
79-/7r,
T. Jay Thompson -l"
Legal Assistant
Attachment
CC: Erin C. Ward, Dcputy County Counsel
L
SDJXXS\S 16%- 1
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RONALD R. BALL
CITY ATTORNEY
D. RICHARD RUDOLF
ASSISTANT CITY AlTJRNEY
JANE MOBALDI
DEPUTY CITY ATWRNEY
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE ' CARLSBAD, CALIFORNIA 92008-1 989
(619) 434-2891
FAX: (61 9) 434-8367 e 3
March 17, 1997
D. Dwight Worden, Esq.
Worden, Williams, Richmond & Ellis
462' Stevens Avenue
Suite 102
Solana Beach, California 92075
RE: PALOMAR TRANSFER STATION
Dear Mr. Worden:
Enclosed, please find a Public Records Act request by the law firm of Latham &
Watkins which we received on March 14, 1997 and the Clerk's memorandum to me of
that date. The records requested relate to the operation of the Palomar Transfer Static
as set forth on page 2 of the request. As I understand it, the records identified in
paragraphs 2 and 3 are in draft form only.at this time and do not exist in final form nor
have they received final approval. I have not seen any authorization from the local
enforcement agency in response to request No. 1 although they may exist.
Would you kindly respond to this request and send copies of your response to Lee
Rautenkranz, City Clerk, and myself.'
I appreciate your prompt attention to this request.
V truly yours LR.L
RONALD R. BALL
City Attorney
rm h
enclosures
c: City Clerk J
Assistant City Manager
a a
March 14,1997
TO: CITY ATTORNEY’S OFFICE
FROM: City Clerk
RE: REQUEST FOR PUBLIC RECORDS
Attached is a copy of letter from Latham & Watkins requesting copies of documents
pertaining to the Palomar Transfer btation. I don’t have the documents they are
requesting, however, in light of recent activities, I thought such documents might be on
file elsewhere. Would you be so kind as to respond to this request? Or let me know what
I need to do in response?
Thanks for your assistance.
kL-R- t
LEE RAUTENKRANZ
c: Frank Mannen, Assistant City Manager
r PAUL R. WATKINS (1ess-1973)
DANA LATHAM 0898-1974)
v
SEARS TOWER, SUITE 5800
TELEPHONE (3121 876-7700
CHICAGO. ILLINOIS 60606
FAX (3121 993-9767
e LATHAM 8c WATKINS
AnORNEYS AT LAW
701 “8” STREET. SUITE 2100
SAN DIEGO. CALIFORNIA 92101-8197
TELEPHONE (619) 236-1234
FAX (619) 696-7419
0 Tu%
-.“ -
ONE NEWARK CENT
NEWARK. NEW JERSEY Oi
TELEPHONE (201) 639
FAX (2011 639-72’
NEW YORK OFFICI
NEW YORK. NEW YORK IOC
885 THIRD AVENUE, SUI
TELEPHONE (212) SO€ -
ONE ANGEL COURT
LONDON ECPR 7HJ ENGLAND
TELEPHONE + 44-171-374 4444 FAX t 44-171-374 4460 -
633 WEST FIFTH STREET, SUITE 4000
LOS ANGELES. CALIFORNIA 90071-2007
TELEPHONE (213) 485-1234
FAX (213) 891-8763 -
113/1 LENINSKY PROSPECT, SUITE C200
MOSCOW. RUSSIA 117198
TELEPHONE + 7-503 956-5555
FAX + 7-503 956-5556
~
March 13,1997
~~~
FAX (212) 751-48t -
650 TOWN CENTER DRIVE.
COSTA MESA, CALIFORNIA 6
TELEPHONE (7141 54C
FAX (714) 755-82
SAN FRANClSCO OF’
505 MONTGOMERY STREET.
SAN FRANCISCO, CALlFORNlI
TELEPHONE (415) 391 FAX (415) 595-80 -
Io01 PENNSYLVANIA AVE.. N.V
WASHINGTON, D.C. 200’
TELEPHONE (ZOZj 83:
FAX (202) 637-2;
File No. 221
VIA U.S. MAIL
Jim Magee
County of San Diego
Department of Public Works,
Solid Waste Division
5555 Overland Avenue
San Diego, CA 92123
Richard Gilb
Local Enforcement Agency
County of San Diego, Environmental Health Services
P.O. Box 85261
San Diego, CA 92 1 86-526 1
Lee Rautenkranz, City Clerk
City of Carlsbad
City Hall
1200 Carlsbad Village Drive
San Diego, CA 92008
Re: Reauest for Public Records Pursuant to Government Code S 6250. et seq.
Dear Mr. Minner, Mr. Gilb and Ms. Rautenkranz:
This letter is a request for records pursuant to the California Public Records Act,
Government Code tj 6250, et seq. and concerns the Palomar transfer station.
SD-DoCS\S 1696.1
4
,L 0 @
LATHAM & WATKINS .-..
March 13, 1997
Page 2
DEFINITIONS
For the purpose of this request:
a. The words “and” and “or” as used herein are terms of inclusions and not of exclusia
and shall have both conjunctive and disjunctive meanings, and the words “any” and “all” mean each an
every.
b. The words “refer” and “relate” mean in whole or in part to discuss, describe, reflect
memorialize, contain, analyze, study, report on, comment on, evidence, constitute, embody, state,
consider, recommend, set forth, concern, deal with, pertain to or in any way identify.
RECORDS REOUESTED
(1) Any and all documents relating to authorization by the Local Enforcemen,
Agency for operations at the Palomar transfer station to begin at 800 tons per day.
(2) Any settlement agreement or any other agreement between the County of
San Diego, City of Carlsbad, and Coast Waste Management of Carlsbad relating, in whole or in
part, to the Palomar transfer station dated after October”23,1996.
(3) Any and all leases dated after February 27,1997, which relate to the
Palomar transfer station, including but not limited to a master lease from the County of San Diegl
to the City of Carlsbad and a sublease from the City of Carlsbad to Coast Waste Management.
These documents are referenced on page three of a letter from Coast Waste Managemel
to the City of Carlsbad, which has been attached for your reference. - ,-& &dui
Should your agency decide to withhold, deny disclosure or otherwise delete any portion
of documents contained in the above request, we request that you supply a detailed statement describing
the nature of my such materials and explaicing with particularity the basis for ymr action.
The undersigned will pay the reasonable, standard charges for the actual search time ant
copying fees required in complying with this request. In the event that the copying costs exceed
$100.00, please contact me in advance to discuss alternatives.
SD_DocS\51696.1
Y 4 e e
LATHAW & WATKINS
March 13, 1997
Page 3
We anticipate your response within ten working days after receiving this request, as
required by Government Code 0 6256.
Thank you for your assistance in this matter.
Very truly yours,
"-r?L-y-
T. Jay Thompson
Legal Assistant
Attachment
cc: Erin C. Ward, Deputy County Counsel
SD_DocS\S 1696.1
November 1, 1996
Latham & Watkins Attorneys at Law
701 "B" Street, Suite 2100
San Diego, CA 92101-8197
Attn: T. Jay Thompson, Legal Assistant
RE: PUBLIC RECORDS ACT REQUEST FOR SETTLEMENT AGREEMENT RE
PALOMAR TRANSFER STATION
I have been asked to respond to your letter, dated October
23, 1996, regarding the Palomar Transfer Station and any
agreement between the City of Carlsbad, County of San Diego,
and Coast Waste Management.
The City Clerk checked our files and could find no record of
the settlement agreement. We have been informed by our City
Attorney that the original documents may still be in the
Federal District Court (Case No. 94-1823 IEG (K)).
However, I was able to obtain a copy of the settlement
agreement from the City Attorney's Office, and can provide
you a copy of that. The total charges for copies and postage will be $2.73.
Please remit the required amount to the City Clerk's Office.
The copies will be mailed to you as soon as payment is
received.
If you have any questions regarding this matter, please do
not hesitate to contact me at 434-2808.
d;x+ Assistant Cit Clerk
~. ."~ _"_ "" 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2€
\& f-qTE IB - DQIp+!T SAY ?"ljJ!
Date /6 1 30
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To rn h- PRepiy Wanted
From uf UNO Reply Necessary
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F R o M w w CITY CLERK'S OFFICE
CITY OF CARLSBAD
1200 Carlsbad Village Drive Carlsbad, California !
TO m T JAY THOMPSON LEGAL, ASSISTANT
LATHAM Sr WATKINS ATTORNEYS AT LAW
701 "B" STREET SUITE 2100
SAN DIEGO CA 92101-8197
11 e 0
1
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Gb @e
8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
10
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COAST WASTE MANAGEMENT, INC., a ) Case No. 94-1 823 IEG (K) California corporation, ) )
Plaintiff,
12
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V.
j STIPULATION FOR SETTLEIV
) AND MUTUAL DISMISSALS ) WITHOUT PREJUDICE; ORDl
\
14
15
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17
1s
COUNTY OF SAN DIEGO, a governmental 1 ) entity, BOARD OF SUPERVISORS OF ) COUNTY OF SAN DIEGO, its legislative ) body; SAN DIEGO SOLID WASTE
Powers Agency; and DOES 1 through 20, ) inclusive,
MANAGEMENT AUTHORITY, a Joint ) )
Defendants. 1 1
1
)
19 corporation, 1 CITY OF CARLSBAD, a municipal 1
i 1 20 Intervenor in Support of
21 Plaintiff. )
22 I/ )
23 // I.
21 RECITALS
25 A. On or about November 30, 1994, Coast Waste Management, Inc. (“Co
26
25
granted leave to intervene, and on or about March 13, 1995, filed its First Amended Cc 27
the above-captioned action. On or about March 7, 1995, the City of Carlsbad (“Carlsb
Ill
F:\CL~~\TTS’.CTTCAD\CO:\ST~S~~~ll~~\C~C.~.~S6 1
0 0
1 Intervention. The defendants filed answers to the Complaint and Complaint in Interventi
2 course.
3 B. Shortly after the answers were filed, the parties entered into extended sett
4
settlement at this time, but are hopehl they will be able to do so when these two uncert; 9
final refinancing of the NCRRA project, the parties are unable to complete the long-tern 8
as to whether or not the San Marcos Landfill will close, and if so when; and (2) uncertai. 7
circumstances beyond the control of the parties, to wit (1) uncertainty as to a final deten 6
documents which could form the basis for a long-term settlement. However, due to 5
negotiations. The parties have prepared and exchanged drafts of various long-term settlt
10 resolved.
11 C. Under the circumstances, the parties have agreed to an interim, one-year
12
the existing Palomar Transfer Facility lease to Coast during the “time out’’ period. 17
no parties’ rights are prejudiced by this interim agreement, and through a simple lease t 16
their litigation, without prejudice, through additional agreements as set forth herein to t 15
The parties’ .intent is to implement a one-year “time out” agreement through mutual dis 14
revisited, and hopefi~lly, implemented, one year from now after the uncertainties are res 13
out” agreement to maintain the status quo so that the long-term settlement agreement c
1s
19
11.
STTPULATTON
2o II The padies hereto, through their respective counsel, hereby stipulate as follow:
21
33 ”
23
24
A. Recitals.
The foregoing Recitals are true and correct.
B. Lease Extension of Palomar Facilitv.
The County and Coast have agreed to an Interim Lease Extension as to the Pa
25
26
as confirmed in the letter attached hereto and incorporated herein by this reference as
Ill
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Ill
//I
F:’CL~ES~S’CTTC:U)’CO~\S‘~WS~’PLE~~J)ING,~~~:\I)~ m 2
._. __ - _.... ””. . .
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1
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C. Good Faith Ne2otiations Durin3 Time Out.
During the term of the Interim Lease Period the parties agree to meet, confer, an
~
3
temporary hold during the interim lease period. 4
negotiate in good faith with respect to the permanent, longer term settlement that is beir
5
Effective upon the execution of this Settlement Agreement by all parties, and up 6
D. Dismissals Without Pre-iudice.
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approval thereof by the Court, the Court shall be authorized to enter dismissals, withoui
prejudice, of the above-encaptioned action as to all parties and as to all claims and coun
The parties agree that the Court shall retain jurisdiction over this matter through May 3
notwithstanding the dismissal of the above-encaptioned action, to assist the parties with
resolution and settlement discussions as may be necessary before the Honorable Magist:
Louisa Porter.
E. Eminent Domain Action; Dismissal Without Pre-iudice.
Carlsbad has filed a related eminent domain action against the County seeking tc
title to the Palomar Facility. This action entitled City of Carlsbad v. County of San Die
San Diego County Superior Court Case No. N66415 is currently pending in the San Di
County Superior Court. As part of this Settlement Agreement, the City of Carlsbad ag
dismiss, without prejudice, said action. The County, Carlsbad and Coast agree that the
waive all claims for attorneys' fees, costs, and all litigation expenses and damages of ar
caused or related to the condemnation action and its dismissal.
F. No Waiver of Claims or Defenses.
The dismissal called for by subparagraph (E) above shall be without prejudice t
of the City of Carlsbad to refile an action in eminent domain in the fbture if it determin
appropriate. And, the dismissals without prejudiced called for by subparagraph @) ab
without prejudice to the right of any party to refile any claim or defense. The executio
Settlement Ageement, the extension of the Palomar Facility Lease for one year as con
hereunder, and the entries of dismissals without prejudice as herein contemplated, shal
admissible in evidence for any purpose in any other action or proceeding, and shall not
I( F:\CL~~~S!CITCAWCO,\ST~~S~~~.~~~'G~CITC.~~.2S6 3
0 0
1
G. Attomevs’ Fees: Costs. 6
may have with respect to any hture proceeding, claim, or lawsuit. 5
proceeding, claim, or lawsuit. The parties expressly do not waive any claim or defense 1 4
Agreement, and the performance thereof, shall be neutral with respect to their impact or 3
proceeding. It is the express intent of the parties that the dismissals, the entry of this Se 2
be used to the prejudice or to the benefit of any parry in any subsequent eminent domain
7 Each of the parties agrees to bear its own attorneys’ fees and costs incurred in t’
8 and in carrying out this Settlement Agreement and the related lease.
9
10
H. No Admission of Fault or Wronqdoing. -
No party to this Settlement Ageement or the related Interim Lease Extension a
11 fault or wrongdoing by entering into these documents.
12
This Stipulation and Settlement Agreement may be executed in counterparts, ax 13
I. Execution in Counterparts.
14
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signed by all parties may be submitted to the Court for review and approval without fi
TIP FEE GUARANTEE 17
m. 16
notice.
IS During the term of the interim lease (including any extensions) the County of S
19
Carlsbad for disposal of Carlsbad’s solid waste shall be not greater than $47.50 per to: 20
and the San Diego Solid Waste Management Authority guarantee that the tipping fee I
June 30, 1996, and not geater than $40 per ton thereafter. 21
22
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TV.
COMMITMENT OF CARLSBAD TRASH TO
COUNTY/SOLTD WASTE SYSTEM
I The City of Carlsbad, and Coast, agree that Carisbad’s solid waste processed
26
except for (1) recyclables and reusables (as defined on Exhibit B attached hereto and 27
Palornar Station shall be delivered for disposal only to the County/Solid Waste Autho
herein by this reference) that are removed from the waste stream for actual recycling 25
F:\CI.IE~TS~CITC.~~COASTU’S??I’LE.~~~~~~C.~l~.~S6 4
0 e
1
landfill remains open, or at the Sycamore Landfill if and when the San Marcos Landfill c 2
(2) waste which the County/Authority will not accept at the San Marcos Landfill so long
3 Further, while Carlsbad and Coast do not control what jurisdictions other than C
4
Landfill closes. 11
at the San Marcos Landfill while it is open, or at the Sycamore Landfill after the San M 10
actual recycling and reuse and (2) waste that is not accepted by the County/Authority fi Q
recyclables and reusables as defined on Exhibit B that are removed from the waste strea 8
jurisdictions’ waste outside of the CountyiSolid Waste Authority system, except for (1) 7
Facility to be used to transfer solid waste through the Palomar Facility for disposal of ot 6
Palomar Facility, agree that during the term of the Interim Lease they will not allow the 5
do with their waste, Coast as the interim lessee and Carlsbad as the “host” jurisdiction fc
12
13
V.
BUTLDTNG AND RELATED PERMITS
14
enforcement action against Coast during the term of the Interim Lease relating to the la 15
The County, and the Authority as its potential successor in interest, agree not tc
1996. 17
building or other permits for improvements at the Paiomar Site completed by Coast as 16
IT IS SO STIPULATED. IS
I 19 DATED:
20
31
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DATED: COUNTY OF SAN DIEGO
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By:
I/ F:\CI.IE~~STS;C‘ITC~\D\CO;\S~~~S~PL.~~IS~‘.C~C..~~ 256 5
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IS
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(2) waste which the County/Authority will not accept at the San Marcos Landfill so Ion
landfill remains open, or at the Sycamore Landfill if and when the San Marcos Landfill (
Further, while Carlsbad and Coast do not control what jurisdictions other than (
do with their waste, Coast as the interim lessee and Carlsbad as the “host” jurisdiction f
Palomar Facility, agree that during the term of the Interim Lease they will not allow the
Facility to be used to transfer solid waste throu3h the Palomar Facilit for disposal, Q~Q
jurisdictions’ waste outside of the County/Solid Waste Authority system, except for (1)
recyclables and reusables as defined on Exhibit B that are removed from the waste stre2
actual recycling and reuse and (2) waste that is not accepted by the County/Authority f;
Y
at the San Marcos Landfill while it is open, or at the Sycamore Landfill after the Sari M
Landfill closes.
V.
BUTLDTNG AND RE.LATED PERMITS
The County, and the Authority as its potential successor in interest, agree not t(
enforcement action against Coast during the term of the Interim Lease relating to the la
building or other permits for improvements at the Palomar Site completed by Coast as,
1996.
IT IS SO STIPULATED.
DATED: CITY OF CARLSBAD
By:
1
Z?,/f@ COUNTY OF SAN DIEGO
By : *9-
F:\CI.IE~~S\CTTC~D.CO~STII‘S~~:~~~.,C~C.~.r.256 5
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DATED: L7/52,/?L SAN DIEGO SOLID WASTE
MANAGEMENT AUTHORITY \ A [, .y,@-
By: &
c.-- 4,
DATED: COAST WASTE MANAGEMENT, l3
By:
VI.
ORDER
The Court, having considered the foresoing Stipulation of the Parties, and so
appearing therefor,
IT IS HEREBY ORDERED:
1. The foregoing Stipulation is approved.
2. A dismissal, without prejudice, of the above-encaptioned action as to
and all claims is hereby entered in conformance with the Stipulation.
3. The Court shall retain jurisdiction over this matter through hlay 3 1, 1
notwithstanding the dismissal of the above-encaptioned action, to assist the parties u
resolution and settlement discussions as may be necessary before the Honorable Mag
Louisa Porter.
DATED: JUDITH N. KEEP, CHIEF JUDGE U.S. DISTRICT COL
~..~,=,-~~.~,~~,~~~,~~~~,.~~,,,~,~~.~.~-~.~~’*, 6
e 0
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DATED: SAN DLEGO SOLID WASTE MANAGEMENT AUTHORITY
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By:
5 11 DATED:\/&% ZO,[@@
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IS
COAST WASTE MANAGEMENT, INC "
By: <
VI.
ORDER
The Court, having considered the foregoing Stipulation of the Parties, and good
appearing therefor,
IT IS HEREBY ORDERED:
1. The foregoing Stipulation is approved.
2. A dismissal, without prejudice, of the above-encaptioned action as to all
and all claims is hereby entered in conformance with the Stipulation.
3. The Court shall retain jurisdiction over this matter through May 31, 199
ll notwithstanding the dismissal of the above-encaptioned action, to assist the parties wit1 19
20 /I resoiution and settlement discussions as may be necessary before the Honorable MaSist
Louisa Porter.
21
22.
DATED:
23 JUDITH N. KEEP, CHIEF JUDGE U.S. DISTRICT COUR7
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F:'CI.IESTS'CTTC.~(:O.~STWS1'PLE;\D~:(;'CITC.U~J.li.G 6
" e e
amdg af Ban: piegn C
C
TOM GARIBAY cowr
DIRECTOR
FAY: 1619) 268-0461
LOCATION COO€ S50
T
(61 9) 694-221 2 DEPARTMENT OF PUBLIC WORKS C' I WAS71
5555 OVERLAND AVE. SAN DIEGO. CALIFORNIA 921 23-1 295
June 3,1996
Arie De Jong, Jr., Director
Coast Waste Management, Inc.
5960 El Camino Real
P.O. Box 947
Carlsbad, CA 92008
Dear Mr. De Jong:
MCCLELLANRALOMAR AIRPORT - COAST WASTE MANAGEMENT, INC. - :
CONTRACT NO. 70630R - AMENDMENT OF LEASE
On September 11, 1984 the County entered into a five-year lease ease) with Coast - 4-3 Management, Inc. (Lessee), County Contract No. 70630R, for 5.128 acres of improved
McClellan/Palomar Axport.
On January 15, 1985 the Lease was amended to provide a partial waiver of rent, for a peria
months, or until the Lessee completed certain major renovations to the leasehold improver
make them serviceable for the uses intended under the Lease.
On April 9,1992, the Lease was amended to waive the one-year termination notice requiren
to continue the Lease on a month-to-month basis beginning April 16,1992.
This letter, when concurred with by Lessee and approved by the Board of Supervisors as pa
settlement of certain pending lawsuits, will serve to further amend the Lease, effective as ol
1996, in the following respects:
PREMISES
The Premises shall consist of approximately 7.243 acres of land, as illustrated on Exh
attached, and consisting of Parcel No. 84-0127-A, containing approximately 5.128 acres of I
Parcel No. 86-0442-Al (A), containing approximately 2.1 15 acres of land.
._
EXHIBITA
-. 0 Rintbdmrwpacu .. -
.. . ..___..._____.___ .-
0 a
Mr. De Jong -2- June z
TERM
The term of this Lease will be one year, commencing June 1,1996 and ending May 31,1997
terminated earlier by agreement of County and Lessee. In the event Lessee‘s tenancy continu
May 31, 1997, said tenancy shall be a month-to-month tenancy, and said month-to-month t
may be terminated at any time by either party, without cause, .by providing the other party v
days written notice of intent to terminate.
USE
During the tern of this lease, Lessee’s use of the Premises as a trash transfer station SI
constitute a violation of the lease, if and only if, all of the garbage, rubbish, and solid waste:
are acceptable for disposal at Class m landfills, are delivered for disposal in landfills or 0th
waste facilities owned by the County or the San Diego Solid Waste Authority, 0th
recyclables/reusables which are shipped from the Premises. For purposes of this par
recyclables/reusables are defined on Exhibit “2” attached hereto.
RENTAL
The rental shall be $20,682.64 per month, subject to annual cost-of-living adjustments as p
for in the Lease.
Except has amended herein above, the Lease as previously amended shall remain in full fc
effect.
Very truly yours,
ydG:A, /=7k
TOM GARIBAY
Director
i
TG:my
CONCURRENCE
COAST WASTE MANAGE^$, INC.
..
By: Date: .d-- 2 7- >
” EXHIBIJ A
._ ””._.”.”-
0 .e EXHI FA\ m 1\11 A\Z AJ F< 7 m-r
J-, r'/r J-) pi &)]Lj]cJrJ
ZI < CQ 07 -1
cc - Lr,
u
LL 0
> l- - Ll
ta tt,
XQ
c) a\
N 3
CL
LL
-
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\ \
4 8'
@ 3.122
@ 2.115
RD.
.(
TOTAL - 5.237
SOL10 WASTE
RANSF€R LEASE Sm€
64-01Z-A
' R+326DO'
F{gs JC,& +PC "-.z -. @ c N DATA S7*12'SI*'E 3B.00e tjq
NORTH
SCALE: I '' = 200' /
8 R=100.00.
BASIS OF BEARING: as 440~'~s~ SOL10 WASTE TRANSFER LEASE SITE SWMY prr MuHlCIR9L PKilNEER,INC. 12-7-83
L.76.94' 0.
Q S78*42'OSnL 4.74 r
9 2
DATE 05-14-87 WARTMEKT OF GENERAL SERVICES A~~RO~D BY &!!x. FACILITY AND REAL PRopEm ONlSiON c- Of SIN DIECO WW BY MnT .CALI I ".= 200'
%
I
PALOMAR, COAST WASTE MANAGEMENT EXHIBIT "lr! i 2"-9r; . ._.
0 e
EXHIBIT 2
Recyclables and reusables shall mean items separated from the waste stream, which
are eligible for diversion credit under the California Integrated Waste Management
Act, and (1) are of the type which are actually processed and prepared for market
in a saleable or reusable condition, and (2) are delivered to a person or business
engaged in the business of recycling and/or reuse for the purpose of recycling
and/or reuse.
"
(I, e
EXHTBIT B
Recyclables and reusables shall mean items separated from the waste stream, which are eligible for diversion credit under the California Integrated Waste Management
Act, and (1) are of the type which are actually processed and prepared for market
in a saleable or reusable condition, and (2) are delivered to a person or business
engaged in the business of recycling and/or reuse for the purpose of recycling
andlor reuse.
%
PAUL R. WATKINS (1890-1973)
DANA LATHAM (1898-19741 -
SEARS rowm, SUITE 5800
CHICAGO. ILLINOIS 80808
TELEPHONE (312) 878-7700
FAX (312) 883-8787 -
ONE ANGEL COURT
LONDON ECER 7HJ ENGLAND
TELEPHONE + 44-171-374 4444
FAX + 44-171-374 4460
@.
-
633 WEST FlFTH STREET, SUITE 4000
LOS ANGELES, CALIFORNIA 90071.2007
TELEPHONE (2131 485-1234
FAX (213) 881-8763 -
113/1 LENINSKY PROSPECT. SUITE CZOO
MOSCOW, RUSSIA 117188
TELEPHONE + 7-503 856-5555
FAX + 7-503 856-5556
e
LATHAM 8c WATKINS
AlTORNEYS AT LAW
701 “0” STREET. SUITE ill00
SAN DIEGO. CALIFORNIA 92101-8197
TELEPHONE (819) 296-1234
FAX (619) 696-7419
2-x LMA Yl Qd cxL..&*
w
ONE NEWARK CENTEI
NEWARK, NEW JERSEY 071’
TELEPHONE 1201) 838-1
FAX (201) 630-72QI -
NEW YORK. NEW YORK 1002
885 THIRD AVENUE, SUIT
TELEPHONE (212) 006-1
FAX (2121 751-486,
P
650 TOWN CENTER DRIVE, SI
COSTA MESA. CALIFORNIA QZ
October 23,1996
eAn-L&+hQL V
TELEPHONE (714) 540.
FAX (714) 755-829 -
SAN FRANCISCO, CALIFORNIA
505 MONTGOMERY STREET. C
TELEPHONE (415) 391-C
FAX (415) 305-808 -
1001 PENNSYLVANIA AVE.. N.W.
WASHINGTON. O.C. 2000
TELEPHONE (202)’ 637-
FAX (202) 637-22(
-”?2L+
“qw2 3
VIA U.S. MAIL
Lee Rautenkranz, City Clerk 3 uw
1200 Carlsbad Village Drive
San Diego, CA 92008 -/v LCWS
FileNo. 22173
Re: Reauest for Public Records Pursuant to Government Code ij 6250. et sea.
Dear Mr. ‘Rautenkranz:
This letter is a request for records pursuant to the California Public Records Act,
Government Code 9 6250, et seq.
The request concerns the Palomar transfer station and any agreement between the City
Carlsbad, County of San Diego, and Coast Waste Management.
DEFTNITIONS
For the purpose of this request:
a. The words “and” and “or” as used herein are terms of inclusions and not of exclusio~
and shall have both conjunctive and disjunctive meanings, and the words “any” and “all” mean each an(
every.
b. The words “refer” and “relate” mean in whole or in part to discuss, describe, reflect,
memorialize, contain, analyze, study, report on, comment on, evidence, constitute, embody, state,
consider, recommend, set forth, concern, deal with, pertain to or in any way identify.
SD-DOCS\42 IO 1.2
0 e
LATHAM 8c WATKINS
Lee Rautenkranz, City Clerk
October 23, 1996
Pgge 2
RECORDS REOUESTED
Any settlement agreement or any other agreement between the City of Carlsbad,
County of San Diego, and Coast Waste Management of Carlsbad relating, in whole or in part, to
the Palomar transfer station.
Should your agency decide to withhold, deny disclosure or otherwise delete any portio^
of documents contained in the above request, we request that you supply a detailed statement describin,
the nature of any such materials and explaining with particularity the basis for your action.
The undersigned will pay the reasonable, standard charges for the actual search time ar
copying fees required in complying with this request. In the event that the copying costs exceed
$100.00, please contact me in advance to discuss alternatives.
We anticipate your response within ten working days after receiving this request, as
required by Government Code 4 6256.
Thank you for your assistance in this matter.
Very truly yours,
"7AY-
T. Jay Thompson
Legal Assistant
cc: Amy G. Nefouse, Esq.
Allen D. Haynie, Esq.
SD-DOCS\42101.2
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Date /D /x-
To PReply Wanted
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PAUL R. WATKINS (1898-1973)
DANA LATHAM 11898-1974)
v
SEARS TOWER, SUITE 5800
TELEPHONE (312) 876-7700
CHICAGO, ILLINOIS 60606
FAX (312) 993-9767 -
LONDON EC2R 7HJ ENGLAND
ONE ANGEL COURT
TELEPHONE 44-171-374 4444
FAX + 44-171-374 4460
I OS ANGFI FS OFFICE
LOS ANGELES. CALIFORNIA 00071-2007
633 WEST FIFTH STREET, SUITE 4000
TELEPHONE (213) 485-1234
FAX (213) 881-8763 -
113/l LENINSKY PROSPECT. SUITE C200
TELEPHONE + 7-503 956-5555
MOSCOW, RUSSIA 117198
FAX + 7-503 056-5556
0 0
LATHAM 8c WATKINS
ATORNEYS AT LAW
701 “B” STREET. SUITE 2100
SAN DIEGO, CALIFORNIA 92101-8197
TELEPHONE (619) 236-1234
FAX (619) 696-7419
October 23, 1996
P c-x (/A ”?d
&y &&.J& d%&
Q, k/ v<&2iLL “-7 ” r, -
NEWARK, NEW JERSEY 071’
ONE NEWARK CENTE
TELEPHONE (201) 639-1
FAX (201) 639-7291 -
NEW YORK. NEW YORK 1002
885 THIRD AVENUE, SUIT1
TELEPHONE (212) 906-1
FAX (212) 751-4864
DRANGF COUNTY OFF1
650 TOWN CENTER DRIVE, SI
COSTA MESA, CALIFORNIA 92
TELEPHONE (714) 540-1
FAX (714) 755-829 -
SAN FRANCISCO, CALIFORNIA
505 MONTGOMERY STREET, I
TELEPHONE (415) 301-C
FAX (415) 395-809
NASHINGTON. D.C. OF
1001 PENNSYLVANIA AVE.. N.W.
WASHINGTON, D.C. 2000.
TELEPHONE (202) 637-
FAX (202) 637-LLC
File No. 22171
VIA U.S. MAIL
Lee Rautenkranz, City Clerk
1200 Carlsbad Village Drive
San Diego, CA 92008
Re: Request for Public Records Pursuant to Government Code $6250. et sea.
Dear Mr- Rautenkranz:
This letter is a request for records pursuant to the California Public Records Act,
Government Code 6 6250, et.
The request concerns the Palomar transfer station and any agreement between the City
Carlsbad, County of S;m Diego, and Coast Waste Management.
DEFTNITIONS
For the purpose of this request:
a. The words “and” and “or” as used herein are terms of inclusions and not of exclusic
and shall have both conjunctive and disjunctive meanings, and the words “any” and “all” mean each an
every.
b. The words “refer” and “relate” mean in whole or in part to discuss, describe, reflecl
memorialize, contain, analyze, study, report on, comment on, evidence, constitute, embody, state,
consider, recommend, set forth, concern, deal with, pertain to or in any way identify.
SD_DOCS\4210 1.2
0 0
LATHAM & WATKINS
Lee Rautenkranz, City Clerk
October 23, 1996
Page 2
RECORDS REQUESTED
Any settlement agreement or any other agreement between the City of Carlsbad,
County of San Diego, and Coast Waste Management of Carlsbad relating, in whole or in part, to
the Palomar transfer station.
Should your agency decide to withhold, deny disclosure or otherwise delete any gortior
of documents contained in the above request, we request that you supply a detailed statement describini
the nature of any such materials and explaining with particularity the basis for your action.
The undersigned w-ill pay the reasonable, standard charges for the actual search time an
copying fees required in complying with this request. In the event that the copying costs exceed
$100.00, please contact me in advance to discuss alternatives.
We anticipate your response within ten working days afler receiving this request, as
required by Government Code 3 6256.
Thank you for your assistance in this matter.
Very truly yours,
"7A"y-
T. Jay Thompson
Legal Assistant
cc: Amy G. Nefouse, Esq.
Allen D. Haynie, Esq.
SD-DOCS\42101.2
r-
PAUL R. WATKINS (laOD-1073)
DANA LATHAM (I8Da-1074)
v
SEARS TOWER, SUITE 5800
TELEPHONE (312) 076-7700
CHICAGO, ILLINOIS 60006
FAX (312) 083-0767
e. @ JJ-LL + 2 cu 3&A LATHAM 8c WATKINS 31 Q&
ATORNEYS AT LAW
701 “B“ STREETT. SUITE 2100
SAN DIEGO, CALIFORNIA 92101-8197
._ -
NEWARK. NEW JERSEY 071
ONE NEWARK CENTE
TELEPHONE (2011 630-
FAX (201) 638-728 TELEPHONE (619) 236-1234
FAX (619) 696-7419 -
805 THIRD AVENUE, SUIT
NEW YORK. NEW YORK 100; -
ONE ANGEL COURT
LONDON EC2R 7HJ ENGLAND
TELEPHONE + 44-171-374 4444
FAX + 44-171-374 4460 -
LOS ANGELES. CALIFORNIA 80071-2007
633 WEST FIFTH STREET, SUITE 4000
TELEPHONE (213) 485-1234
FAX (213) 081-0763
v
113/1 LENINSKY PROSPECT, SUITE C200
TELEPHONE + 7-503 956-5555
MOSCOW. RUSSIA 1171Q8
FAX + 7-503 056-5556
October 23, 1996
TELEPHONE (212) 006-
FAX 12121 751.486, -
850 TOWN CENTER DRIVE. S
COSTA MESA, CALIFORNIA 0;
TELEPHONE (714) 540-
FAX (714) 755-620 -
SO5 MONTGOMERY STREET, I
SAN FRANCISCO. CALIFORNIA
TELEPHONE (415) 301-C
FAX (4151 395-808 -
1001 PENNSYLVANIA AVE.. N.W.
WASHINGTON. D.C. 2000
TELEPHONE (202) 637.
FAX (2021 637-22
File No. 221
VIA U.S. MAIL
Lee Rautenkranz, City Clerk
1200 Carlsbad Village Drive
San Diego, CA 92008
Re: Request for Public Records Pursuant to Government Code 1,6250. et seq.
Dear Mr. Rautenkranz:
This letter is a request for records pursuant to the California Public Records Act,
Government Code 5 6250, etsea.
The request concerns the Palomar transfer station and any agreement between the CiQ
Carlsbad, County of San Diego, and Coast Waste Management.
DEFRVITIONS
For the purpose of this request:
a. The words “and” and “or” as used herein are terms of inclusions and not of exclusi
and shall have both conjunctive and disjunctive meanings, and the words “any” and “all” mean each a
every.
b. The words “refer” and “relateyy mean in whole or in part to discuss, describe, reflec
memorialize, contain, analyze, study, report on, comment on, evidence, constitute, embody, state,
consider, recommend, set forth, concern, deal with, pertain to or in any way identify.
SD-DOCS\42 10 1.2
b e 0
LATHAM & WATKINS
Lee Rautenkranz, City Clerk
October 23, 1996
Page 2
pECORDS REOUEsTED
Any settlement agreement or any other agreement between the City of Carlsbad,
County of San Diego, and Coast Waste Management of Carlsbad relating, in whole or in part, to
the Palomar transfer station.
Should your agency decide to withhold, deny disclosure or otherwise delete any portic
of documents contained in the above request, we request that you supply a detailed statement describin
the nature of any such materials and explaining with particularity the basis for your action.
The undersigned will pay the reasonable, standard charges for the actual search time a1
copying fees required in complying with this request. In the event that the copying costs exceed
$100.00, please contact me in advance to discuss alternatives.
We anticipate your response within ten working days after receiving this request, as
required by Government Code 4 6256.
Thank you for your assistance in this matter.
Very truly yours,
W77Auy4-
T. Jay Thompson
Legal Assistant
cc: Amy G. Nefouse, Esq.
Allen D. Haynie, Esq.
SD-DOCS\42 10 1.2
/ *-
PAUL R. WATKINS (1809-IO73)
DANA LATHAM (1898-1074)
v
SEARS TOWER, SUITE 5800
CHICAGO. ILLINOIS 60806
TELEPHONE (312) 878-7700
FAX (3121 903-8767 -
ONE ANGEL COURT
LONDON ECBR 7HJ ENGLAND
TELEPHONE + 44-171-374 4444
FAX + 44-171-374 4460
0 9 R-x &A Mz&* LATHAM 8c WATKINS 71 (2, Qd
AlTORNEYS AT LAW
701 “6” StREIT. SUE 2100
SAN DIEGO, CALIFORNIA 92101-8197
TELEPHONE (619) 236-1234
FAX (619) 696-7419
I- -
NEWARK. NEW JERSEY 071C
ONE NEWARK CENTEF
TELEPHONE (201) 830-1
FAX (eo11 e3e-72ef -
885 THIRD AVENUE. SUITE
NEW YORK. NEW YORK 1002
TELEPHONE (212) 906-1
FAX 1212) 751-4864
QBANOF COUNTY OFF11
850 TOWN CENTER DRIVE. SU
COSTA MESA. CALIFORNIA 02 -
633 WEST FIFTH STREET, SUITE 4000
LOS ANGELES. CALIFORNIA 90071-2007
TELEPHONE (213) 485-1234
FAX (213) 801-8763
v
11311 LENINSKY PROSPECT. SUITE CZOO
MOSCOW, RUSSIA 117198
TELEPHONE + 7-503 958-5555
FAX + 7-503 956-5556
October 23, 1996
I
TELEPHONE (714) 540-1
FAX (714) 755-820(
S3.N FRANCISCO OFFL‘
505 MONTGOMERY STREET. S
SAN FRANCISCO, CALIFORNIA
TELEPHONE (4151 301-C
FAX (4151 305-800
WINGTON. D C OF
001 PENNSYLVANIA AVE.. N.W.
WASHINGTON, D.C. 2000
TELEPHONE (202) 637-
FAX (2021 637-22(
FileNa. 2217 -
Lee Rautenkranz, City Clerk
1200 Carlsbad Village Drive
San Diego, CA 92008
Re: Request for Public Records Pursuant to Government Code 3 6250. et sea.
Dear Mr. Rautenkranz:
This letter is a request for records pursuant to the California Public Records Act,
Government Code 0 6250, etsea.
The request concerns the Palomar transfer station and any agreement between the CiQ
Carlsbad, County of San Diego, and Coast Waste Management.
DEFINITIONS
For the purpose of this request:
a. The words “and” and “or’’ as used herein are terms of inclusions and not of exclusic
and shall have both conjunctive and disjunctive meanings, and the words “any” and “all” mean each a1
every.
b. The words “refer” and “relate” mean in whole or in part to discuss, describe, reflec
memorialize, contain, analyze, study, report on, comment on, evidence, constitute, embody, state,
consider, recommend, set forth, concern, deal with, pertain to or in any way identify.
SD-DOCS\42101.2
c e e
LATHAM & WATKINS
Lee Rautenkranz, City Clerk
October 23, 1996
Page 2
RECORDS REOUEsTED
Any settlement agreement or any other agreement between the City of Carlsbad,
County of San Diego, and Coast Waste Management of Carlsbad relating, in whole or in part, to
the Palomar transfer station.
Should your agency decide to withhold, deny disclosure or otherwise delete any portio.
of documents contained in the above request, we request that you supply a detailed statement describin:
the nature of any such materials and explaining with particularity the basis for your action.
The undersigned will pay the reasonable, standard charges for the actual search time ar
copying fees required in complying with this request. In the event that the copying costs exceed
$100.00, please contact me in advance to discuss alternatives.
We anticipate your response within ten working days after receiving this request, as
required by Government Code 3 6256.
Thank you for your assistance in this matter.
Very truly yours,
w77A-.y-
T. Jay Thompson
Legal Assistant
cc: Amy G. Nefouse, Esq.
Allen D. Haynie, Esq.
SD_DOCS\42 10 I .2