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HomeMy WebLinkAbout1987-05-19; City Council; Minutes% 0 0 MINUTES Meeting of : CITY COUNCIL (Regular Meeting) Time of Meeting. 6-00 p.m. Date of Meeting: May 19p 1987 Place of Meeting: City Council Chambers ~ CALL TO ORDER: Mayor Lewis called the Meetina to order at 6:OC p.m. ROLL CALL was taken by the Deputy City Clerk, as follows:: Present - Council Members Lewis, Kulchin, Pettine, Mamaux and Larson Absent - None. INVOCATION was given by Mayor Lewis. PLEDGE OF ALLEGIANCE was led by Council Member Larson. CONSENT CALENDAR: Council Member Larson requested Item No. 5 be withdrawn from the Consent Calendar. Council affirmed the action of the Consent Calendar , ~ 1 with the exception of Item No. 5, as follows: WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. (74) 1. AB !I9005 - AMENDING THE CLASSIFICATION AND SALARY PLAN FOR SITE MANAGER. ( ( ( Council adopted RESOLUTION NO. 9071, amending the classification plan and salary schedule of the City to adopt the classification of Site Manager. :99) 2. AB 89006 - FINAL MAP - CARLSBAD TRACT NO. 85-30 - :8U CALAVERA HILLS, VILLAGE L-I. :45) - Council approved the final map of Carlsbad Tract No. 85-30; and Council adopted RESOLUTION NO. 9072, accepting a grant deed conveying an easement for public street purposes for a portion of Edgeware Way; and Council adopted RESOLUTION NO. 9073, authorizing the City Clerk to process a Subordination Agreement for recordation. li45) 59) 3. AB #8894 - Supplement #I - SOFTWARE CONTRACT. Council adopted RESOLUTION NO. 9074, approving an agreement with Sierra Computer Systems, Inc. for the purchase and installation of the "Permits" software package. (84) 4. AB 89007 - PURCHASE OF TABLES AND CHAIRS FOR STAGECOACH PARK COMMUNITY CENTER. Council adopted RESOLUTION NO. 9075, accepting the bid of Fischer Discount Office Furniture, authorizing the execution of a purchase order for tables and chairs. I fn /3 - \y 5 COUNCIL 539 /o C MEMBERS Z. q Lewis Kulchin Pettine X Mamaux Larson r 0 0 0 MINUTES May 19, 1987 Page 2 CONSENT CALENDAR: (continued) (106) 5. - AB 119008 - UNDERGROUND UTILITY DISTRICT NO. IO. This item was withdrawn from the Consent Calendar. (81) 6. AB #SO09 - CARLSBAD SANTA FE DEPOT - PR03ECT NO. 3003. Council adopted RESOLUTION NO. 9077, approving plans and specifications, and authorizing the City Clerk to advertise for bids for Carlsbad Santa Fe Depot Project No. 3003. (84) 7. AB 89010 - PURCHASE OF LIBRARY SHELVING. Council adopted RESOLUTION NO. 9078, accepting a bid authorizing the execution of a purchase order for the purchase of library shelving for the mezzanine. (113) 8. AB 118988 - Supplement 81 - DENIAL OF SPECIFIC PLAN SP-198 - FARADAY BUSINESS PARK. Council adopted RESOLUTION NO. 9079, denying Specific Plan 198 for a 203 acre business park on property generally located east of the Carlsbad Safety Center. (113) 9. AB 118987 - Supplement #I - DENYING APPEAL - SPECIFIC PLAN AMENDMENT SP-27(A) - GERICO'S RESTAURANT. 1 (94) (45) (81) (45) (81) Council adopted RESOLUTION NO. 9080, denying applicant's appeal and upholding the Planning Commission's denial of a Specific Plan Amendment SP-27(A) to allow a retail liquor store to operate in Gerico's Restaurant. IO. - AB #SO11 - BUENA VISTA CHANNEL MAINTENANCE AGREEMENT. Council adopted RESOLUTION NO. 9081, approving an Agreement of Cooperation between the cities of Carlsbad and Oceanside, the State of California and Hughes North County Associates, in connection with Buena Vista Creek. 11. AB 88859 - Supplement #5 - HOSP GROVE ACQUISITION - SELECTION OF BANK FOR SHORT-TERM FINANCING. Council adopted RESOLUTION NO. 9082, authorizing various City Officials to sign loan documents for the purpose of entering into a short term borrowing agreement with San Diego Trust and Savings Bank for the purchase of Hosp Grove. 12. AB 118859 - Supplement #6 - HOSP GROVE ACQUISITION - APPOINTMENT OF UNDERWRITER/FINANCIAL ADVISOR. Council adopted RESOLUTION NO. 9083, appointing Raucher, Pierce, Refsnes, Inc. to act as the City's underwriter and/or financial advisor on the Hosp Grove Bond Issues. idd - \p 5 COUNCIL 39 "0 A MEMBERS .Z. ? ~ . 0 0 MINUTES May 19, 1987 Page 3 (106) ITEM WITHDRAWN FROM THE CONSENT CALENDAR: 5. AB #9008 - UNDERGROUND UTILITY DISTRICT NO. IO. Council Member Larson requested this item be withdrawn from the Consent Calendar in order to question why the City has $400,000 in unallocated funds. He asked if they were attempting to get undergrounding done in the Redevelopment Area first. Chris Salomone used a transparency to illustrate the balance in this fund, stating the money is from the SDG&E rate payers and is kept in SDG&E accounts. The City does not see this money, but establishes districts and SDG&E undergrounds the utilities. At the present time, District No. 9 will begin construction within 30 to 60 days and will cost approximately $200,000, leaving a balance of approximately $25,000. Notification of the 1987 allocation has not yet been received. It would probably be approximately $200,000. In addition to this, District No. 11, which is estimated to cost $300,000, has a feasibility study underway. There are five more sets of poles which are prioritized. Council Member Mamaux inquired whether this money was totally for Redevelopment Area undergrounding utilities, and Chris Salomone answered it was for undergrounding utiliti.es in the City, but the most obstructive poles have been in the Redevelopment Area. Council Member Mamaux said in the future, all streets being reconstructed where telephone poles are to be moved, should be considered before the project is started. Staff indicated this money cannot be used for moving poles, it can only be used for undergrounding utilities. Council Member Mamaux stated they needed to decide whether or not to underground when they are starting construction. He felt when reconstruction is being done in the City, it should encompass the undergrounding of the utilities and the price for doing that should be gotten before the project is approved. City Manager Frank Aleshire stated it would be appropriate for the Council to ask for a review of this policy and take a look at it. They could also check the list for prioritizing. 165 7 COUNCIL \p % % % MEMBERS 5 ? 0 0 MINUTES May 19, 1987 Page 4 ITEM WITHDRAWN FROM THE CONSENT CALENDAR: (continued) Mr. Aleshire stated sometime ago Council, by policy, decided that the priority would be to the Redevelopment Area and that has been done. From the standpoint of finances, as the Redevelopment District becomes more wealthy, they may be able to pay for some of those projects out of their Redevelopment Funds, rather than out of the utility company money. It would perhaps be wise to take a city-wide look at this list of prioritized undergrounding of utilities. Council Member Mamaux stated he would be happy to look at that policy, as the older parts of town do need to be re-evaluated. Council adopted the following Resolution: RESOLUTION NO. 9076, EXPRESSING ITS INTENT TO INITIATE PROCEEDINGS PURSUANT TO CHAPTER 11.08 OF THE CARLSBAD MUNICIPAL CODE AND CALLING A PUBLIC HEARING TO DETERMINE WHETHER THE PUBLIC HEALTH, SAFETY OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT IN GARFIELD STREET BETWEEN ELM AVENUE AND GRAND AVENUE. ( ( Mayor Lewis stated staff would return with a list for Council consideration on future undergrounding of utilities. ORDINANCES FOR ADOPTION: 78) 13. AB /I9001 - SPEED LIMIT ON YARROW DRIVE. Council adopted the following Ordinance: ORDINANCE NO. 3211, AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTION 10.44.230 TO ESTABLISH THE SPEED LIMIT ON YARROW DRIVE FROM PALOMAR AIRPORT ROAD TO CAMINO VIDA ROBLE. :72) 14. AB R9002 - PARKING RESTRICTION ON WESTERLY SIDE OF CARLSBAD BOULEVARD FROM GRAND AVENUE TO ELM AVENUE. Council adopted the following Ordinance: ORDINANCE NO. 3212, AMENDING TITLE IO, CHAPTER 10.40 OF THE CARLSBAmNICIPAL CODE BY THE ADDITION OF SEVEN DAYS A WEEK ON THE WESTERLY SIDE OF CARLSBAD BOULEVARD BETWEEN GRAND AVENUE AND ELM AVENUE. SECTION 10.40.126 TO DECLARE A TWO-HOUR PARKING ZONE l64 COUNCIL \p % A9 "0 L MEMBERS 5 <1 Lewis Kulchin Pettine Mamaux Larson X Lewis Kulchin Pettine x, Mamaux Larson Lewis Kulchin Mamaux Pet t ine X I Larson 0 0 MINUTES May 19, 1987 Page 5 (48) (77) ORDINANCES FOR ADOPTION: (continued) 15. AB 88830 - Supplement 82 - HOSP GROVE REFERENDUM. Council adopted the following Ordinances: (one motion) ORDINANCE NO. 9832, REPEALING ORDINANCE NO. 9813 AND RESCINDING THE CHANGE OF ZONE GRANTED THEREBY AS REQUIRED BY THE HOSP GROVE REFERENDUM PETITION. ORDINANCE NO. 9833, RESCINDING A PORTION OF ORDINANCE HOSP GROVE MASTER PLAN AS REQUIRED BY THE HOSP GROVE REFERENDUM PETITION. NO. 9815 APPROVING MASTER PLAN AMENDMENT MP-IC OF THE PUBLIC HEARING: 16. AB 89012 - ZONE 3 LOCAL FACILITIES MANAGEMENT PLAN (LDMP-3). Mike Holzmiller, Planning Director, gave the staff report as contained in the Agenda Bill, using a transparency to show Zone 3. He stated the Planning Commission had studied this plan very thoroughly, and tonight staff would give a brief overview of the plan, with no detailed analysis. Mr. Holzmiller discussed the eleven major facilities, as follows: City Administration is adequate, so no mitigation is necessary. The Library is below standard, and until that is brought into conformance, no residential development may occur in Zone 3. This fact has been known for some time, and the Zone Plan does provide some options that can be looked at by Council, but does not solve the deficiency. Wastewater Treatment capacity is to be discussed by City Engineer Lloyd Hubbs, using new material distributed this evening. Zone 3 is included in Park District 1, and has adequate park acreage to meet the performance standards. There is enough parkland in the inventory until 1992. If the zone does not build out until then, development would cease until that was resolved. The existing facilities meet the standards for drainage until buildout. Circulation is the most complicated item on all plans. Zone 3 intersections meet standards. When all the completed projects outside of this zone that impact the intersections within the zone are completed, the intersections will fall below performance standards until there is additional mitigation. That will be part of a city- wide traffic study. The entire zone is within five- minute response time as far as Fire Service. I/ /I I kf - \p 5 COUNCIL %% MEMBERS Z. ? Lewis Kulchin Pettine Mamaux Larson X 0 0 MINUTES May 19, 1987 Page 6 PUBLIC HEARING: (continued) Zone 3 is one of the infill zones and for that reason will not address any additional open space within the zone. Because the future demand on the school system would be minimal, the School District indicated it would be able to provide school capacity for the remaining development. The Sewer Collection System will require no upgrading of the lines for the remaining development in this zone. As far as Water Distribution, this zone is located within the Costa Real Municipal Water District, and they have indicated no major upgrading would be necessary. Lloyd Hubbs, City Engineer, gave the report on the Wastewater Treatment Capacity, using a transparency to indicate the summary of this report. The buildout assumptions are for the entire sewer system which includes Zone 3. The report as given by Mr. Hubbs focused on the entire sewer service area and not just Zone 3. There should be a capacity adequate for five years, and there is a range from two to four years capacity at the present time. An action plan, part of Zone 3, is for all zones. There is a design for expansion, and the City will participate in that. Also, when the flow reaches 5.25 m.g.d., they will seek leasing capacity. Another option would be to activate the Calavera Plant, which would take about a year and cost $1.5 million. City Manager Frank Aleshire commented on the leasing proposal, stating in the past the City did lease a facility from Encina and never used it. Leasing is a way to deal with a shortage, but he suggested before they consider leasing, they consider pooling. All the members of 3AC would have to agree to that. If they agree to pool their excess capacity so the timing of the Phase IV expansion could be worked out in terms of the needs of all of the agencies, this would save money for everyone. The cost of activating Calavera would be greater than any use of Encina. Calavera was built to give Carlsbad an option in reclaiming wastewater and was done when there was a water shortage. In answer to query regarding the inconsistency in the park element, Mike Holzmiller stated there should be a community park in each quadrant. The determination was made in the northwest quadrant they are not going to be able to achieve a community park of the size called for in the park element. The determination was made that existing parks would be accepted as part of the inventory as community parks. The Parks and Recreation Element needs to be amended and will be updated. The update of the element did not have to be done before this Zone Plan No. 3 was approved. Council Member Kulchin suggested amending the Parks and Recreation Element due to concerns in the northwest quadrant. If 4 1bd-J - \p 5 COUNCIL %P "0 4 MEMBERS Z. f 0 0 MINUTES May 19, 1987 Page 7 1 PUBLIC HEARING: (continued) City Manager Frank Aleshire stated that amending the Park Element does not need to be done before this Zone Plan is approved. There are going to be many amendments to the elements and the General Plan created by the Growth Management Program. He suggested any Amendments be made that are necessary to make the General Plan consistent with the Growth Management Program. Planning Staff would have to go through and consider changes to accomplish this. Council Member Mamaux stated planning is an ongoing process, and approval of the zone plans is just the beginning. The Parks and Recreation Commission should consider revising the Park Element to meet the requirements. There are two community parks in southeast area and the northwest quadrant has none, and no gymnasium. He suggested to include in the process to buy the rest of the Pine School site when it is available. He would like to see some wording in the process that this site would be a future community site. Mike Holzmiller stated there would be a yearly update as far as the Elements and the General Plan, under the Growth Management Ordinance. At any time staff identifies a deficiency, this will be brought to the attention of the City Council. If action is taken and the standards not met, that would be brought to the Council immediately. Mayor Lewis opened the public hearina at 7:05 p.m., and issued the invitation to speak. Bailey Noble, 5470 Los Robles, Terramar Association President, addressed Council regarding the park inventory land not owned by the City , but leased. He stated if those leases expire, that would affect the park inventory. Mr. Noble stated Hosp Grove is not a community park, and that Cannon Lake could be a park and should be a higher priority. Mr. Noble stated the traffic in Zone 3 will be increased. There are already serious problems in that area which will increase. The report on Zone 3 stated there would be no increase in traffic due to the limited amount of growth. Mr. Noble stated Carlsbad Boulevard traffic is a problem and he wondered why Cannon Road had not been considered. The last study that was done in that area was done while Carlsbad Boulevard was closed due to the building of the bridge. Cannon Road will become a main arterial, and pedestrians need help in getting across the street safely. He stated he had appeared before the Traffic Safety Commission, but this problem had not be properly stated. Staff indicated there will be a meeting of all the residents in the Cannon RoadICarlsbad Boulevard area, and this meeting will be held May 30th. The letter was mailed out yesterday to all the people in that area. 1cb 1 7 COUNCIL \y % * 3 MEMBERS % q I i m 0 MINUTES May 19, 1987 Page 8 PUBLIC HEARING: (continued) Bob Ladwig, Rick Engineering, stated he had submitted a letter to the City regarding Avenida Encinas, south of Palomar Road. The road was improved on the east side, but it needs to be improved on the west side of the road. There is no development proposed for that west side, as most of that land is in the railroad right-of-way or adjacent to it. He suggested, as a financing alternative, the cost of the improvements be added to the Public Facilities Fee list. Since no one else wished to speak on this item, the public hearing was closed at 7:14 p.m. Council approved the Negative Declaration and adopted the following Resolution: RESOLUTION NO. 9084, APPROVING A LOCAL FACILITIES MANAGEMENT PLAN FOR LOCAL FACILITIES MANAGEMENT ZONE 3. Council directed staff to initiate proceedings for the revision of the Parks and Recreation Element for the northwest quadrant. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 7:16 p.m., and reconvened at 7:43 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (73) 17. AB 88989 - APPEAL OF DENIAL OF TEMPORARY ROAD CLOSURE PERMIT. Police Chief Vincent 3imno gave the staff report as contained in the Agenda Bill. 3im Curl, 2235 Encinitas Boulevard, Suite 210, Encinitas, spoke in favor of the Triathlon, stating this is the fifth most popular triathlon in the United Stated and he felt the benefits would overlie the detriment to the City of Carlsbad. He stated they would pay all of the expenses and the part of the road to be shut off in Carlsbad would be very minimal. Mr. Curl stated that registration would be held at the Olympic Resort in Carlsbad and this would increase benefits to the City of Carlsbad. He added that in 57 triathlons there have not been any serious accidents and they have never had a judgment against them. In answer to Council query, Mike McClure, Director/Bud Lite USTS San Diego, stated he had spoken with the Chamber of Commerce regarding this triathlon. If fi ~ mu - \v 5 COUNCIL % 3 MEMBERS % q Lewis Kulchin Pettine X Mamaux Larson Lewis Kulchin Pettine X Mamaux Larson 0 e May 19, 1987 MINUTES Page 9 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) 3oseph Glynn, 518 N. Rios, Solana Beach, representing CAT Sports, stated he felt the negative impact on Carlsbad would be very minimal from this triathlon if permission were granted to close the road for the Bud Lite Triathlon. Risk Manager Robert German expressed concern regarding the City's liability for this event. The additional policy only covers third parties, not the participants. The exposure would be to the City and to CAT Sports for anything over $1 million. The ability to tranfer the liability is minimal. Mr. German stated there is no liability insurance to protect the City and this is an unnecessary additional risk. Council Member Pettine stated he would be willing to support this request if the liability to the City could be removed. Council denied the appeal of the Police Department's decision to deny CAT Sports a temporary road closure permit to conduct Bud Lite Triathlon. RECESS : Mayor Lewis declared a recess at 8:06 p.m., and Council reconvened at 8:18 p.m., with all Members present. (55) 18. AB /I8928 - Supplement #I - ENVIRONMENTAL CONSULTANTS REVIEW AND EVALUATION OF SAN MARCOS TRASH TO ENERGY EIR. Planning Director Mike Holzmiller introduced Mr. John Larson, Vice-president of RECON, who summarized the detailed report contained in the packet, and stated he was available for questions. The recommendation of the consultant was to adopt a neutral position with regard to the San Marcos Trash to Energy Project. In answer to Council query regarding air pollution, Mr. Larson stated there are no standards for those compounds. They are regulated on a case-to-case basis and the Conditional Use Permit included a requirement for regular monitoring of the soil and the plants. Council questioned health risks to employees at the plant, and Mr. Larson answered the processing proposed for this plant does not involve workers pulling out the material. However, Mr. Larson stated he was not qualified to comment on the employee occupational risks. The public health risk was considered not significant. 1 S? - /y 5 COUNCIL %9 "0 C MEMBERS 2. c Lewis Kulchin Mamaux Pet t ine X Larson a a MINUTES May 19, 1987 Page 10 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Mr. Larson stated the traffic mitigation was not part of this EIR, so specific issues in the CUP which include specific roadway improvement, should be stated at this time in order for mitigation measures to be incorporated into the CUP. Mr. Larson stated now was the time to request mitigation of the Melrose Road/Rancho Santa Fe Road traffic problem. Council Member Mamaux stated that Mr. Larson had said the landfill was handling 1600 tons of trash daily, and the Trash to Energy Plant would only handle 1200 tons. He wondered what would happen with the additional 400 tons. Mr. Larson stated a cover letter should be sent with this report with the concerns of this Council, and it should be subject to the same review as the EIR, as this Council had the right to comment on that. Council Members felt there should be a finding on the combined ash material plus the fly ash. The fly ash was considered not hazardous, and could be put in the landfill. However, in some cases, that kind of ash is hazardous material. The ash should be tested, and if it is hazardous, they should change their disposal means. This could also add to the cost of this plant and to the consumers. Council Member Kulchin stated this was a complicated, emotional issue. She disagreed with the neutral position, and felt Council should take a position against the plant. There are problems with the unknowns, with the fly ash, the new health risks, the traffic mitigation and also, what to do with the rest of the trash the plant would not be able to handle. She was supportive of a Resolution in opposition to this Trash to Energy Plant. Council Member Mamaux asked what the alternatives were if the landfill was closed. Mr. Larson stated the County could seek expansion on that site, or a new landfill somewhere else in North County. The next closest landfill is Sycamore Canyon. Tom Erwin, 7703 Garboso Place, presented a copy of a prepared letter addressed to the City Council, dated March 24, 1987, with eleven questions to be included in this study. Mr. Erwin questioned the health risk and the validity of the end product. He felt Council should think of the citizens and take a strong stand against acceptance of a flawed ETR and take another stand against this trash plant. I SB - \v 5 COUNCIL 3 % MEMBERS % $ I 0 0 MINUTES May 19, 1987 Page 11 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Jack Leach, 3191 Sage Glen, Escondido, representing North County Concerned Citizens, stated they have been working against this Trash to Energy Plant for four years. He read from his prepared report handed to the Council Members. (The Clerk did not receive a copy). He suggested the County should select a new landfill site and Carlsbad advise the County they would support a mandatory curb-side recycling program. He asked the Council to reaffirm their position in opposition to this Trash to Energy Plant. Dr. Stephen Isaac, 20560 Questhaven Road, Escondido, representing Questhaven Retreat, addressed Council stating this is a land use issue. He felt this area should remain a rural area as they are trying to protect the chaparral in that area. He asked Council to protect the environment and continue their opposition to the location of the plant. Don Wakefield, 7616 Primavera Way, addressed Council. He felt questions had not been responded to in the EIR and comments on the risk assessment and air quality were uncertain. The emission from this type of plant will be continual and will be at different rates, and there will be all types of pollutants and the reactions are not known. The uncertainties are too large and he asked the City to urge San Marcos to reconsider this project for this location. Mr. Wakefield stated there would be a definite employee hazard, citing a recent explosion which killed three people in a similar type plant. Susan Glass, 3340 Bajo Court, stated 500 citizens from La Costa were against this plant, and the Council should vote as the citizens that are affected want them to vote. If the Council voted to be neutral or in favor of this Trash to Energy Plant, she felt this would be a slap in the face for those citizens. She urged Council to continue to express opposition to the plant. Rick Ankrom, 20089 Elfin Forest Lane, addressed Council stating concerns regarding increased traffic problems in Elfin Forest on Rancho Santa Fe Road. He stated there would be an increase in the truck traffic, and they certainly did not wish to have an addition to the landfill in the Elfin Forest area. He asked Council to respond to the EIR and make formal statements. He stated they should send a letter with their comments asking for mitigation measures. He asked the City to take a strong position against this plant. I /A IS 7 e 0 MINUTES May 19, 1987 Page 12 (24) (45) DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Bruce Hamilton, 20774 Elfin Forest Road, Escondido, addressed Council in opposition to the Trash to Energy Plant, stating the EIR does not answer the questions, and doesn't provide for a buffer for Carlsbad. They felt it was necessary to have a buffer for San Marcos, but that does not provide any buffer the other way. He felt the EIR did not give an accurate base for a decision. There is a need to support a new landfill. San Marcos should be told the EIR is in no condition to be approved. George Boase, 1020 La Sombra, Lake San Marcos, addressed Council reading from printed material handed to Council Members. (The Clerk did not receive a copy). He spoke about recycling and felt Council should submit their comments on the EIR and oppose the Trash to Energy Plant in the same letter. Council expressed their continued opposition to the location of the Trash to Energy plant for the following reasons: mitigation should be included for improvement of the traffic problem at the Melrose Avenue/Rancho Santa Fe Road intersection, and extension of Rancho Santa Fe Road from Melrose Avenue to Palomar Airport Road, making this six lanes; there should be better answers on the ash, and the economics of the entire issue; also, if this would handle only 1200 tons of trash per day, what would happen to the other 400 tons of trash now being sent to the landfill; the location of the Trash to Energy Plant has not been buffered as far as the residents in Carlsbad, and there should be another site selected in an unpopulated area; the new risk study should include the La Costa area. Council also asked for all documents and comments regarding the EIR to be forwarded to the City of San Marcos. 19. AB W9013 - SAN DIEGO COUNTY ANIMAL CONTROL CONTRACT. Assistant City Manager Frank Mannen gave the staff report on this item as contained in the Agenda Bill. Sally Hazard, Director of Animal Control for the County, San Diego County Animal Control Council of San Diego, answered questions of Council regarding the County's procedures. In answer to Council query, she indicated the County would agree to an amendment to the contract to notify Carlsbad if animals picked up in Carlsbad are being sold for experimentation. I I56 7" \v 5 COUNCIL %P /o 4 MEMBERS 2. ? Lewis Kulchin Pettine Mamaux Larson X e 0 MINUTES May 19, 1987 Page 13 DEPARTMENTAL AND CITY MANAGER REPORTS: (continued) Ms. Hazard explained the contract the County has with various facilities for low cost nuetering and spaying of animals. She also told of the money received from the university for animals sold to them for experimental purposes. Council recognized Mr. Henry Thompson, 330 Chestnut, Carlsbad addressed Council regarding the sale of shelter animals for research. He expressed his opposition to the practice and felt it was unnecessary. Jan Williams, 3766 Portland Court, read from the testimony of Dr. Barnard, regarding the suffering of animals used for experimental purposes. She stated that many Doctors are now opposing pound seizure. She stated the Del Mar City Council had passed an amended agreement and suggested Carlsbad do the same. Council recognized Mrs. Mary Ann Melvin, 430 Canyon Drive, Solana Beach who requested Council approve amended wording similar to that approved by Del Mar and Solana Beach. She stated she supported animal control- and she endorsed the contract, but with additional language: The Carlsbad City Council encourages the County to continue its animal shelter practice of not providing animals from the North County shelter for research purposes. The County shall notify the City of Carlsbad in advance of any change in this practice. At an annual review, the City Manager shall determine that there has been no change in County Animal Control Policy that would result in the sale to UCSD of animals picked up in Carlsbad. Council Member Mamaux stated he felt it was up to other people, such as the Board of Supervisors to take a position on this, and he did not feel this additional language would be of any value as it would only result in the city being notified. Council Member Mamaux moved Council approve Resolution No. 9085 as presented, and request by separate letter that the Board of Supervisors re-evaluate their position on the use of animals in experimentation. He noted the September 9, 1987 meeting so Council Members could appear and make their feelings known at that time. Council Member Pettine seconded the motion. Council Member Kulchin stated she would like to add the language as passed by the Del Mar City Council as an adendum to Council Member Mamaux's motion. Council Member Larson said he would second only Mamaux's motion. Council Member Larson felt that the date of that meeting should be expedited. Council adopted the following Resolution: RESOLUTION NO. 9085, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO FOR ANIMAL CONTROL SERVICES. I << COUNCIL \p % A9 "0 4 MEMBERS Z. <1 Lewis Kulchin Pettine Mamaux Larson X - , e e MINUTES May 19, 1987 Page 14 DEPARTMENTAL AND CITY MANAGER REPORTS : (continued) Council Member Pettine made a motion to amend the contract as proposed by Mrs. Melvin using the wording approved by Del Mar, with the City Manager making a report back to Council within a year on what procedure is being followed. Council added to the contract with the San Diego County Animal Control the following wording: The Carlsbad City Council encourages the County to continue its animal shelter practice of not providing animals from the North County shelter for research purposes. The County shall notify the City of Carlsbad in advance of any change in this practice. At an annual review, the City Manager shall determine that there has been no change in County Animal Control Policy that would result in the sale to UCSD of animals picked up in Carlsbad. PUBLIC COMMENT: There was no one present wishing to speak before Council at this time. COUNCIL REPORTS: SANDAG Council Member Mamaux reported on recent SANDAG activities. NCTD Council Member Kulchin reported on the Board meeting last Thursday. Downtown Village Merchants Council Member Kulchin reported on the meeting this morning, stating the merchants are concerned about the loss of parking on Carlsbad Village Drive. INFORMATION ITEM: (39) 20. Report on City Investments. AD30URNMENT: By proper motion the Meeting of May 19, 1987, was adjourned at 10:28 p.m. Respectfully submitted, Fiiiiz* Deputy City Clerk Harriett Babbitt Minutes Clerk HB: tb I GI 7 \v 5 COUNCIL 559 /o A MEMBERS Z. c Lewis Kulchin Pettine Larson Mamaux x