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HomeMy WebLinkAbout2013-04-30; City Council; MinutesMINUTES MEETING OF: CITY OF CARLSBAD CITY COUNCIL (Regular Meeting) DATE OF MEETING: April 30, 2013 TIME OF MEETING: 6:00 p.m. PLACE OF MEETING: City Council Chambers, 1200 Carlsbad Village Drive, Carlsbad, CA 92008 CALL TO ORDER: Mayor Hall called the Meeting to order at 6:00 p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Hall, Packard, Wood, Blackburn, Douglas. Absent: None. PLEDGE OF ALLEGIANCE: Boy Scout Troop 706 presented the colors and led the Pledge of Allegiance. APPROVAL OF MINUTES: On a motion by Mayor Pro Tem Packard, the minutes of the following meetings were unanimously approved as presented. Minutes of the Special Meeting held March 14, 2013. Minutes of the Regular Meeting held March 19, 2013. Minutes of the Special Meeting held March 26, 2013. Minutes of the Regular Meeting held March 26, 2013. Minutes of the Special Meeting held April 2, 2013. Minutes of the Regular Meeting held April 2, 2013. Minutes of the Regular Meeting held April 16, 2013. Minutes of the Special Meeting held April 16, 2013. PRESENTATIONS: Recognition of Ann Kulchin as a recipient of the 2013 National Environmental Achievement Award. Mayor Hall recognized Ann Kulchin as a recipient of this national award, which was given because of her service with the Encina Wastewater Authority. Presentation of Ms. Carlsbad and her Court. Mayor Pro Tem Packard introduced Miss Carlsbad 2013, Alex Newby, who presented her court and Miss Teen Carlsbad 2013 and her court. Ms. Newby presented a donation from the Carlsbad Lions Club for the Carlsbad City Library. Presentation of CERT Team Graduates. Mayor Hall introduced Emergency Preparedness Coordinator David Harrison who recognized CERT Program graduates. April 30, 2013 Carlsbad City Council Meeting Page 2 PUBLIC REPORT OF ANY ACTION TAKEN IN CLOSED SESSION: City Attorney Celia Brewer announced that Council heard the matters presented during the Special Meeting of April 30, 2013, but took no final action. Final action, when taken, will be reported out at a subsequent meeting. CONSENT CALENDAR: Item No. 7 was pulled for discussion. ACTION: On a motion by Mayor Pro Tem Packard, Council affirmed the action of the Consent Calendar, Items #1 through #6 and Items #8 and #9 as follows: AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #21.191 - ANNUAL HOUSING ELEMENT PROGRESS REPORT FOR 2012. Council adopted RESOLUTION NO. 2013-081. accepting the Annual Housing Element Progress Report for January 2012 through December 2012; and, directing the City Planner to submit the Report to the California Department of Housing and Community Development, and the San Diego Association of Governments. 2. AB #21.192 - APPROVE AMENDED AND RESTATED AGREEMENT WITH THE CITY OF VISTA FOR OWNERSHIP. OPERATION AND MAINTENANCE OF THE VISTA/CARLSBAD INTERCEPTOR SEWER. Council adopted RESOLUTION NO. 2013-082. approving the amended and restated agreement with the City of Vista for ownership, operation and maintenance of the Vista/Carlsbad Interceptor Sewer; and, authorizing the appropriation of funds for capacity purchase. 3. AB #21.193 - APPROVE STREET TREE MAINTENANCE AGREEMENT FOR LA COSTA TOWN SQUARE, CT 08-03. Council adopted RESOLUTION NO. 2013-083. approving a Street Tree Maintenance Agreement with Development Solutions 2LAC, LLC, for the La Costa Town Square Residential Project, Project No. CT 08-03; and, directing the City Clerk to record said agreement. 4. AB #21.194 - NOTICE OF COMPLETION FOR PROJECT NO. 1007-1. Council adopted RESOLUTION NO. 2013-084. accepting the construction of the North Batiquitos Lift Station Force Main Emergency Repair, Project No. 1007-1 as complete; and, directing the City Clerk to record a Notice of Completion and to release bonds in accordance with State Laws and City Ordinances. April 30, 2013 Carlsbad City Council Meeting Page 3 5. AB #21.195 - NOTICE OF COMPLETION - PROJECT NO. 5522. Council adopted RESOLUTION NO. 2013-085. accepting the construction of the Occidental Interceptor Sewer Rehabilitation Project No. 5522 as complete; and, directing the City Clerk to record a Notice of Completion and to release bonds in accordance with State Laws and City Ordinances. 6. AB #21.196 - APPROVE FINAL MAP - CT 08-03. Council adopted RESOLUTION NO. 2013-086. approving the Final Map for the La Costa Town Square Residential Project, Project CT 08-03; and, directing the City Clerk to sign the Certificate of Acceptance and cause the map to be recorded. 7. AB #21.197 - APPROVE AGREEMENT FOR PUBLIC ART AT ALGA NORTE COMMUNITY PARK. PROJECT NO. 3925. This item was pulled for discussion. 8. AB #21.198 - APPROVE IMPROVEMENTS TO ENHANCE PEDESTRIAN CROSSING SAFETY AND BEACH ACCESS ACROSS CARLSBAD BOULEVARD. PROJECT NO. 6322. Council adopted RESOLUTION NO. 2013-088. approving the installation of improvements to enhance pedestrian crossing safety and beach access across Carlsbad Boulevard, Project No. 6322. 9. AB #21.199 - REPORT ON CITY INVESTMENTS. Council accepted the City Treasurer's Report on City Investments as of March 31, 2013. DISCUSSION OF CONSENT CALENDAR ITEM: 7. AB #21.197 - APPROVE AGREEMENT FOR PUBLIC ART AT ALGA NORTE COMMUNITY PARK. PROJECT NO. 3925. At the request of Council Member Douglas, Cultural Arts Manager Peter Gordon provided a staff report and PowerPoint presentation (on file in the Office of the City Clerk) regarding the public art designs recommended to be installed in Alga Norte Park. ACTION: On a motion by Council Member Douglas, Council adopted RESOLUTION NO. 2013-087. approving an agreement with Paul Hobson for the fabrication and installation of artwork at Alga Norte Community Park, Project No. 3925. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ORDINANCES FOR INTRODUCTION: 10. AB #21.200 - DECREASE SPEED LIMIT ON CHESTNUT AVENUE. City Attorney Celia Brewer titled the Ordinance. April 30, 2013 Carlsbad City Council Meeting Page 4 Dale Kubacki, Carlsbad, came forward and spoke in support of the reduction of speed on Chestnut Avenue. ACTION: AYES: NOES: On a motion by Mayor Pro Tem Packard, Council introduced ORDINANCE NO. CS-213. amending Title 10, Chapter 10.44 of the Carlsbad Municipal Code by the revision of Section 10.44.040 to reduce the 35 miles per hour speed limit to 30 miles per hour on Chestnut Avenue from Pio Pico Drive to El Camino Real. Hall, Packard, Wood, Blackburn, Douglas. None. 11. AB #21.201 - REMOVE REFERENCES IN THE CARLSBAD MUNICIPAL CODE PERTAINING TO TRAFFIC SAFETY COORDINATING COMMITTEE MEETINGS AS PUBLIC MEETINGS. City Attorney Brewer titled the Ordinance. ACTION: AYES: NOES: On a motion by Mayor Pro Tem Packard, Council introduced ORDINANCE NO. CS-214. amending Title 2, Chapter 2.28 of the Carlsbad Municipal Code to remove references to the Traffic Safety Coordinating Committee meetings as public meetings. Hall, Packard, Wood, Blackburn, Douglas. None. 12. AB #21.202 - INTRODUCE AND ADOPT URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING. City Planner Don Neu gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). City Attorney Brewer titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Packard, Council introduced and adopted ORDINANCE NO. CS-215. prohibiting mini-satellite wagering within the City of Carlsbad; and. Adopted RESOLUTION NO. 2013-089. declaring an intent to study and consider revisions to Title 5 of the Carlsbad Municipal Code as necessary to prohibit mini-satellite wagering facilities within the City. AYES: NOES: Hall, Packard, Wood, Blackburn, Douglas. None. ORDINANCES FOR ADOPTION: 13. AB #21.203 - ESTABLISH ALL WAY STOPS ON LAS FLORES DRIVE AT PIO PICO DRIVE. City Attorney Brewer titled the Ordinance. April 30, 2013 Carlsbad City Council Meeting Page 5 ACTION: AYES: NOES: On a motion by Mayor Pro Tem Packard, Council adopted ORDINANCE NO. CS-210. amending Title 10, Chapter 10.28 of the Carlsbad Municipal Code, to require stops on La Flores Drive at its intersection with Pio Pico Drive. Hall, Packard, Wood, Blackburn, Douglas. None. 14. AB #21.204 - REVISE REGULATIONS REGARDING THE HOURS OF CONSTRUCTION. City Attorney Celia Brewer titled the Ordinance. ACTION: On a motion by Mayor Pro Tem Packard,Council adopted ORDINANCE NO. CS-211. amending the Carlsbad Municipal Code, Title 1 - General Provisions, Title 8 - Public Peace, Morals and Safety, and Title 15 - Grading and Drainage, to revise regulations affecting hours of construction. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. 15. AB #21.205 - CALIFORNIA COASTAL COMMISSION SUGGESTED MODIFICATIONS TO NONCONFORMINGUILDINGS AND USES ORDINANCE - ZCA 09-01(A)/LPCA 09-01(A). Celia Brewer titled the Ordinance. ACTION: AYES: NOES: On a motion by Mayor Pro Tem Packard, Council adopted ORDINANCE NO. CS-212. approving an amendment to the Zoning Ordinance (ZCA 09-01(A)), accepting and administering the Coastal Commission's suggested modifications to the City of Carlsbad Local Coastal Program (LCPA 09-01(A)), as related to the City's Non- Conforming Buildings and Uses Ordinance. Hall, Packard, Wood, Blackburn, Douglas. None. PUBLIC COMMENT: Walt Meier, Carlsbad, came forward and requested the City enact an ordinance regarding throw- away papers. PUBLIC HEARINGS: 16. AB #21.206 - WEED ABATEMENT. Fire Division Chief Bill Anderson gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). April 30, 2013 Carlsbad City Council Meeting Page 6 Mayor Hall opened the duly noticed Public Hearing at 6:45. Seeing no one wishing to speak. Mayor Hall closed the Public Hearing at 6:45 p.m. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-090. directing the Fire Chief to abate nuisances by having weeds, rubbish and refuse removed from identified parcels. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. 17. AB #21.208 - GUNTHER'S RETAIL 2 - CUP 12-15. Associate Planner Shannon Werneke, gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Mayor Pro Tem Packard asked if the application would apply to proposed changes within the industrial area that would permit retail uses under certain circumstances. City Planner Don Neu answered that changes have not been adopted by Council. He explained that if the primary use of the facility was classified for the storage of firearms, then there would be some ability to permit retail use. Mr. Neu added that he understood the applicant also conducted online firearm sales which could also be considered a finding to permit retail use. In response to an inquiry from Council Member Blackburn, Ms. Werneke explained that staff could not support the project as the business association supporting the approval of the CUP was a small representation of the larger industrial park. She added that staff felt the CUP request catered to the general public. Mr. Neu clarified Council Member Blackburn's inquiry stating that uses permitted within the Planned Industrial Zone were intended for business to business usages within that area. In response to an inquiry from Council Member Douglas, Ms. Werneke said that the city received a letter from the owners' association that was comprised of six businesses in support of the CUP permit. She added that staff did not feel that the retail use met the daily need of industrial park tenants. Applicant Lisa Gunther came forward requesting that Council approve CUP 12-15. She stated that 10% of the building would be used for retail services, the retail use was ancillary to the remaining portion of the business use, and the retail use meets all four city requirements. Ms. Gunther explained that she felt the retail space was in harmony with various elements and objectives of the city's General Plan. She added that currently there were businesses with retail components within the PM Zone that did not have a retail permit. Ms. Gunther said the Planning Department had chosen not to require those businesses to obtain a permit. April 30, 2013 Carlsbad City Council Meeting Page 7 Ms. Gunther further explained that her company has passed the required federal and state background checks and inspections to conduct this type of business. She further added that she had the support from businesses and business associations for the retail use in the PM Zone. In response to inquiries from Council Member Douglas, Ms. Gunther said that she would be subject to any and all firearm sales controls pertaining to background checks. Ms. Gunther also said that she hoped to be able to rehire four or five employees and she projected that income from retail sales would offset expenses. In response to inquiries from Council Member Blackburn, Ms. Gunther clarified that she could not sell firearms only online and a retail store was required. She also explained that no additional signage to her building was needed and existing signage was discreet. In response to inquiries from Council Member Wood, Ms. Gunther explained that it would not be feasible to require online membership for the purchase of a firearm. She added that another federal licensed facility conducts the required background check and the consumer was obligated to retrieve the firearm at that facility. Firearms were not shipped directly to a consumer. Ms. Gunther also explained that she felt that a membership requirement would restrict consumers from walking in off of the street to purchase a firearm. Mayor Hall opened the duly noticed Public Hearing at 7:13 p.m. Tom Igan of Carlsbad Custom Cabinets spoke in support of Gunther Retail 2, adding that Lisa and Greg Gunther had good security on their building. Paul Laniger representing MareWest Real Estate, Manager of Promontory Business Park, confirmed the amendment to the Covenants, Conditions and Restrictions for Gunther Retail 2. Mayor Hall closed the Public Hearing at 7:16 p.m. Mayor Hall stated he felt that the City Council needed to have a full hearing and understanding of what office and retail use is within the office and industrial zones before he could make a decision. Mayor Pro Tem Packard stated he could not support approval of CUP 12-15 as the permit is not a use defined within the PM zone. He added that zoned areas and their defined uses maintain the character of the city. ACTION: On a minute motion by Council Member Blackburn, Council granted the appeal of Gunther's Retail 2 Conditional Use Permit 12-15 to convert up to 1,359 square feet of warehouse and office area to a retail use for the storage, sale, and transfer of firearms within the Planned Industrial Zone on property located at 2717 Loker Avenue West, Suite B; and, directed the City Attorney to prepare appropriate documents granting the appeal. AYES: Wood, Blackburn, Douglas. NOES: Hall, Packard. April 30, 2013 Carlsbad City Council Meeting Page 8 18. AB #21.207 - POINSETTIA VILLAGE PAD 4 - CUP 04-28(A). Junior Planner Chris Garcia gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Don Armstrong representing the property owner came forward and stated he was available to answer any questions Council or the public might have. Mayor Hall opened the duly noticed Public Hearing at 7:28 p.m. Seeing no one wishing to speak. Mayor Hall closed the Public Hearing at 7:28 p.m. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-091. approving a Conditional Use Permit Amendment to allow for the conversion of 1,000 square feet of retail space to food service in an existing 3,000 square foot building and to allow the addition of a 700 square foot outdoor dining patio, located within the Poinsettia Village shopping center, on the east side of Avenida Encinas between Poinsettia Lane and Loganberry Drive. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. ADJOURNMENT TO THE SPECIAL MEETING OF THE CARLSBAD MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS: Mayor Hall adjourned the City Council meeting at 7:33 p.m. to the Special Meeting of the Carlsbad Municipal Water District Board of Directors with five Council Members present. RECONVENE: Mayor Hall reconvened the City Council meeting at 7:34 p.m. with five Council Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: 21. AB #21.209 - CARLSBAD DESALINATION PROJECT UPDATE. Property and Environmental Management Director David Hauser introduced Frank Belack, San Diego County Water Authority Deputy General Manager, and Poseidon Resources Senior Vice President Peter MacLaggan who provided updates on the project with a PowerPoint presentation (on file in the Office of the City Clerk). Mr. Belack informed Council that the Water Authority is continuing to work with city staff on obtaining permits, traffic mitigation, and is also working with those businesses in Carlsbad that will be impacted by construction of the pipeline. April 30, 2013 Carlsbad City Council Meeting Page 9 Mr. MacLaggan continued the presentation with an overview of the construction timeline, stating that installation of the pipeline was underway in San Marcos and will begin in Carlsbad in May. He explained that construction would also occur during weekends and at night in Carlsbad to mitigate impacts to businesses located within the business park. In response to an inquiry from Mayor Hall, Mr. MacLaggan said that both Poseidon and its contractor have liability insurance to cover any unforeseen damage to property that might occur during construction. He added that all questions regarding claims should be referred to him. He further stated that discussions have taken place with some of the business owners regarding the processing of claims. Mayor Hall asked about construction impacts on Avenida Encinas where the West Hotel and Bistro Restaurant are located. Mr. MacLaggan confirmed that construction is scheduled to take place in that portion of Avenida Encinas, but discussions were ongoing regarding the best way to mitigate any potential impacts. Mr. MacLaggan also stated he was aware that the hotel, two restaurants and service center needed to remain open and accessible. In response to an inquiry from Council Member Douglas, Mr. MacLaggan said he was advised of the letter received by the City from the Carlsbad Research Center. He added that he and his staff have been and would continue to meet with Carlsbad Research Center representatives to mitigate their concerns. RECESS: Mayor Hall declared a recess at 7:53 p.m. with five Council Members present. RECONVENE: Mayor Hall reconvened the meeting at 8:00 p.m. with five Council Members present. 22. AB #21.210 - SEPCIAL EVENT GRANT REQUEST - CARLSBAD BEACH FEST. Senior Management Analyst Frank Boensch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Blackburn, Mr. Boensch said that the event does not exactly meet Council Policy 51 Guidelines because the event has taken place for six years. Tammy Ury, President of Carlsbad Beach Foundation and Executive Director for Beach Fest, explained that the event is held on state property and has been successful with collaboration with many different businesses in the area. In response to an inquiry from Mayor Hall, Ms. Ury said that the event should be fully sustainable on its own in two years. She added that the event had expanded utilizing a mile-long area of the beach. April 30, 2013 Carlsbad City Council Meeting Page 10 In response to an inquiry from Mayor Pro Tem Packard, Ms. Ury said that the state waived the $16,000 permit requirement to hold the event. She added that tower guards would also be on duty from 10:00 a.m. to 5:00 p.m. Ms. Ury explained that the event takes place on Saturday, June 15, 2013, from 8:00 a.m. to 4:00 p.m. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-092. authorizing Special Event Grant Funding to the Carlsbad Beach Fest Foundation; and, authorizing the appropriation and disbursement of said funds. AYES: NOES: Hall, Packard, Wood, Blackburn, Douglas. None. 23. AB #21.211 - COMMUNITY ACTIVITY GRANTS FUNDING RECOMMENDATIONS FOR FY 2012-13. Senior Management Analyst Frank Boensch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). Council Member Blackburn asked why the total amount of allocated grant funds were not used and distributed among the proposed applicants. City Manager John Coates stated he would follow-up and provide Council Member Blackburn and Council with a response to Mr. Blackburn's question. ACTION: AYES: NOES: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-093. approving the recommendations by the Community Activity Grants Citizen Review Committee for funding and disbursement to identified organizations on a reimbursement basis only. Hall, Packard, Wood, Blackburn, Douglas. None. 24. AB #21.212 - 2013-14 FUNDING ALLOCATIONS FOR THE CDBG/HOME PROGRAM. Senior Management Analyst Frank Boensch gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Council Member Blackburn, Mr. Boensch stated that federal guidelines prohibit the purchase of property for more or less than the appraised amount. He added that the appraiser and the relator are currently negotiating the value of the property. Lori Pfeiler, representing Habitat for Humanity, stated the organization was looking to build the project and offer one of the units to a wounded veteran. She confirmed that appraisal negotiations are underway. April 30, 2013 Carlsbad City Council Meeting Page 11 In response to an inquiry from Council Member Douglas, Ms. Pfeiler stated that the estimated cost to build each unit is approximately $200,000-$250,000. In response to an inquiry from Council Member Douglas, Ms. Pfeiler said that Habitat for Humanity fund raises, relies on volunteers and has support from major corporations in order to build the units On the advice of the City Attorney, Council Member Blackburn said that he was a volunteer for the Meals on Wheels program that was recommended for funding. He announced that he had no financial interest in the Meals on Wheels program. Mayor Pro Tem Packard stated he was not in favor of approving the purchase of property for affordable housing because the city recently approved a project that contained 500 affordable housing units to meet the city's needs at no cost to the city. He added that he felt the purchase of property was not a beneficial use of the city's resources. In response to an inquiry from Mayor Pro Tem Packard, City Attorney Brewer recommended Dr. Packard obtain Council consensus on the list of recommended projects recommended for funding. Council Member Packard moved to approve the list of recommended funding applications for the 2013-2014 Community Development Block Grant and Home Investment Partnership Program, with the exception of approving funding to purchase property for affordable housing. The motion failed due to a lack of a second. Council Member Blackburn asked what would happen if the funds were not used. Mr. Boensch responded that the funds needed to be used by April 2014. He explained that HUD looks at the funding balance and wants an explanation on how Carlsbad is going to spend the funds. He said that if the funds are not used, the amount allocated in the future could be reduced by that same amount. Mr. Boensch added that he has no knowledge if another buyer would be coming forward in the future. In response to an inquiry from Mayor Hall, Mr. Boensch said that $359,000 was considered by affordable housing developers to be a small amount of money. In response to an inquiry from Council Member Blackburn, Mr. Boensch said he was not aware of other projects that needed funding at this time. Council Member Blackburn motioned to adopt Resolution No. 2013-094 approving the funding. In response to an inquiry from Council Member Douglas, Assistant City Manager Gary Barberio requested that Council direct staff where to place the funds if it did not approve the recommendation to fund the purchase of property. He said the funds could be placed in the City's Housing Reserve fund to be used for a future affordable housing project as originally recommended by the committee. In response to an inquiry from City Attorney Brewer, Council Member Blackburn stated he did not withdraw his motion, but confirmed that his motion did not receive a second. April 30, 2013 Carlsbad City Council Meeting Page 12 The motion made by Council Member Blackburn to approve Resolution No. 2013-094 failed due to a lack of a second. Council Member Packard motioned to approve staff's recommendation to fund the list of project proposals and funding recommendations as originally presented with the exception of funding the Habitat for Humanity property acquisition for affordable housing at $359,000 and acknowledging that the funds need to be used within a year. ACTION: Council adopted RESOLUTION NO. 2013-094. approving funding applications for the 2013-2014 Community Development Block Grant and Home Investment Partnership Program, with the exception of funding the Habitat for Humanity property acquisition for affordable housing at $359,000 and acknowledging that the funds need to be used within a year; authorizing the City Manager to execute agreements for the approved projects; and, authorizing the submittal of an Annual Funding Plan to the U.S. Department of Housing and Urban Development. AYES: Hall, Packard, Douglas. NOES: Wood, Blackburn. 25. AB #21.213 - AUTHORIZE STAFF TO TAKE ACTION REGARDING THE OPERATION OF THE ALGA NORTE COMMUNITY PARK AND AQUATIC CENTER. Parks and Recreation Director Chris Hazeltine and Lolly Sangster gave the staff report and PowerPoint presentation (on file in the Office of the City Clerk). In response to an inquiry from Mayor Pro Tem Packard, Mr. Hazeltine confirmed that there were swim organizations that have a strong commitment to Alga Norte Park and were aware of the city's cost recovery requirement. In response to an inquiry from Council Member Blackburn, Ms. Sangster stated that cost recovery was based on programs. She added that the cost recovery on the sports program is the highest and the lowest cost recovery program for the city is programming for teens. In response to an inquiry from Council Member Blackburn, Ms. Sangster said that Alga Norte Park in its entirety had the best chance of cost recovery based on the park's amenities. In response to an inquiry from Mayor Hall, Ms. Sangster said that the sports program cost recovery for Alga Norte Park is approximately 90%. Most of the other parks see a 40-60% cost recovery due to limited access and scheduling. She added that staff would be using the Park and Recreation Department's new business model application at Alga Norte Park. In response to an inquiry from Mayor Hall, Mr. Hazeltine said that two additional recreation/aquatic supervisors will be requested during the budget process and the remainder of the park would be staffed with existing sports, maintenance and facility staff. April 30, 2013 Carlsbad City Council Meeting Page 13 In response to an inquiry from Mayor Hall, Mr. Hazeltine stated that staff would be requesting expanded fee authority in the budget process to allow for pricing on products based on market conditions. Council Member Wood inquired about alternative energy systems for Alga Norte Park. Mr. Hazeltine responded that staff was exploring the use of photovoltaic energy to power the entire park. ACTION: On a motion by Mayor Pro Tem Packard, Council adopted RESOLUTION NO. 2013-095. authorizing staff to take the necessary actions to operate Alga Norte Community Park and Aquatic Center. AYES: Hall, Packard, Wood, Blackburn, Douglas. NOES: None. COUNCIL REPORTS AND COMMENTS: Mayor Hall and Council Members reported on activities and meetings of some committees and sub- committees of which they are members. CITY MANAGER COMMENTS: CITY ATTORNEY COMMENTS: ANNOUNCEMENTS: Mayor Hall announced that Council Members have been invited to attend, and may be participating in the following event: Thursday, May 2, 2013 from 3:00 p.m. - 6:00 p.m. Open House for Assemblymember Rocky Chavez 1910 Palomar Point Way, Suite 106, Carlsbad At the request of Council Member Douglas, the City Attorney confirmed documents approving the Gunther's Retail2 Conditional Use Permit appeal would be placed on the May 14, 2013 City Council meeting agenda. ADJOURNMENT: By proper motion, the Regular Meeting of April 30, 2013 was adjourned in remembrance of Liz Clavier (wife of city employee Grant Clavier who works in the Construction Management and Inspection Division of the Public Works Department) at 8:56 p.m. BARBARA ENGLESON City Clerk