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Home My WebLink About1998-09-15; City Council; Minutes7 0 0 MINUTES MEETING OF : CITY COUNCIL (Regular Meeting) DATE OF MEETING: September 15,1998 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Pro Tern Finnila called the Meeting to order at 6:Ol p.m. ROLL CALL was taken by the Assistant City Clerk, as follows: Present: Mayor Pro Tem Finnila, Council Members Nygaard, Kulchin, and Hall Absent: Mayor Lewis INVOCATION was given by Mayor Pro Tem Finnila. PLEDGE OF ALLEGIANCE was led by Council Member Kulchin. APPROVAL OF MINUTES: None PRESENTATIONS: Mayor Pro Tem Finnila presented a Proclamation honoring Engine 4 and Medic 9 personnel for their efforts in saving the life of resident Don Merry, on June 1 1, 1998. Mayor Pro Tem Finnila presented a Proclamation to Martha Gujda, Regent of the Santa Margarita Chapter of the National Society of the Daughters of the American Revolution, to commemorate Constitution Week. CONSENT CALENDAR: Item #4 was removed from the Consent Calendar. ACTION: On motion by Council Member Nygaard, Council unanimously affirmed the action of the Consent Calendar, Items #1 through #5 with the exception of Item #4, as follows: AYES: Finnila, Nygaard, Kulchin, and Hall ABSENT: Lewis WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 1. AB #14,845 - REQUEST TO DESTROY RECORDS. Council adopted RESOLUTION NO. 98-305, authorizing the destruction of certain files in the City Attorney’s Office. 2. AB #14.846 - FINAL MAP FOR CT 88-3, ARROYO LA COSTA, UNIT NO. 3. Council adopted RESOLUTION NO. 98-306, approving the final map for Carlsbad Tract 88-03, Unit No 3, Arroyo La Costa, and authorizing the City Clerk to process the map for recording. 0 0 September 15, 1998 CITY COUNCIL Page 2 CONSENT CALENDAR: (Continued) 3. AB #14,847 - REQUEST FOR OUT OF STATE TRAVEL. Council adopted RESOLUTION NO. 98-307, authorizing Council Member Kulchin and a staff representative from the Public Works Department to attend the American Shore and Beach Preservation Association 1998 National Conference in Galveston, Texas on October 4-7, 1998. 4. AB #14,832 - REPORT ON THE SETTLEMENT OF LAWSUIT ENTITLED SUNDT CORp. . V. STATE OF CALIFORNIA, DEPT. OF TRANSPORTATION, ET AL. This item was removed from the Consent Calendar. 5. AB #14,848 - BEACH ACCESS STAIR RECONSTRUCTION - PROJECT NO. 35 11. Council adopted RESOLUTION NO. 98-308, accepting the construction of the Beach Access Stair Reconstruction, Project No. 35 11, as complete and directed the City Clerk to record a Notice of Completion and release bonds in accordance with State Law and City Ordinances. ITEM REMOVED FROM THE CONSENT CALENDAR: 4. AB #14,832 - REPORT ON THE SETTLEMENT OF LAWSUIT ENTITLED SUNDT CORP. V. STATE OF CALIFORNIA, DEPT. OF TRANSPORTATION, ET AL. City Attorney, Ron Ball, reported the settlement documents, pertaining to this matter, are not yet available and have not been placed on file in the City Clerk’s office, and requested this item be withdrawn from the agenda and returned to staff to be placed on a future agenda. By consensus of Council, the item was withdrawn from the agenda as requested by the City Attorney. ORDINANCE FOR ADOPTION: 6. AB #14,849 - MAY SUBDIVISION - ZC 97% (CT 97-24). ACTION: On motion by Council Member Nygaard, Council adopted ORDINANCE NO. NS- 456, amending Title 21 of the Carlsbad Municipal Code, by an amendment to the zoning map to grant a zone change, ZC 97-8, from R-1 and R-1-15,000, to R-l- 10,000, on property generally located on the corner of Park Drive and Monroe Street in Local Facilities Management Zone 1. AYES: Finnila, Nygaard, and Kulchin NOES: Hall ABSENT: Lewis PUBLIC COMMENT: Gene Forsythe, 2621 Ocean Street, Carlsbad, representing the Carlsbad Village Business Association stated that it is the desire of the Association to work with the City staff, the contractors, and all of the merchants that will be affected by the sewer line project on Jefferson Street, to keep the disruption to a minimum during the construction. a e September 15,1998 CITY COUNCIL Page 3 PUBLIC HEARING: 7. AB #14.850 - SDP 97-24/CDP 97-45 - ISLANDS RESTAURANT. Mayor Pro Tem Finnila opened the duly noticed public hearing at 6:20 p.m., and issued the invitation to speak. Nancy Patterson, 1049 Camino Del Mar, Del Mar, representing Islands Restaurant, concurred with the recommendations from the Planning Commission and staff, and all of the conditions of approval. She stated that they also have no objection to the provision of temporary signs during construction to direct motorists to the alternate access way to the businesses located directly behind the restaurant. In response to council inquiry, Ms. Patterson explained the size of the proposed bar in relation to the size of the restaurant, stating that approximately 12% of the restaurant (121 square feet) will accommodate the bar, which will also serve food. Ron Rouse, Luce, Forward, Hamilton & Scripps, 600 West Broadway, San Diego, representing Ray and Barbara Winter, owners of the land beneath the site, addressed the council. Mr. Rouse stated that Mr. and Mrs. Winner personally selected Islands, from a long list of alternatives, because of their commitment to the highest quality and standards for the restaurant, and because this project will provide for more landscaping on the site. He concluded by asking Council to support the project. Seeing no one else wishing to speak, Mayor Pro Tem Finnila closed the public hearing at 6:3 1 p.m. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 98- - 309, approving SDP 97-24 and CDP 97-45, with the inclusion of provisons to allow temporary signage to be posted during construction to direct motorists to the alternate access from Paseo Del Norte to the businesses located behind the restaurant site. AYES: Finnila, Nygaard, Kulchin, and Hall ABSENT: Lewis Mayor Pro Tem Finnila adjourned to the Carlsbad Municipal Water District Board Meeting at 6:34 p.m., and Council reconvened at 6:43 p.m., with all four Council Members present, and Mayor Lewis absent. DEPARTMENTAL AND CITY MANAGER REPORTS: 8. AB #14.851 - FINANCIAL RESULTS FOR FISCAL YEAR 1997-98. ACTION: On motion by Council Member Nygaard, Council accepted the Financial Status Report for the fiscal year ended June 30,1998; and Adopted RESOLUTION NO. 98-310, approving the appropriation of funds from the 1997-98 Fleet Maintenance fund balance, and approving adjustments to the Final Operating Budget for 1998. AYES: Finnila, Nygaard, Kulchin, and Hall ABSENT: Lewis COUNCIL REPORTS AND COMMENTS: Mayor Pro Tem Finnila and Council Members reported on activities and meetings of some committees and sub-committees of which they are members. 0 0 September 15,1998 CITY COUNCIL Page 4 CITY MANAGER COMMENTS: None CITY ATTORNEY COMMENTS: None ADJOURNMENT: By proper motion, the Regular Meeting of September 15, 1998, was adjourned at 7:lO p.m., in memory of Fran Aleshire, wife of retired City Manager, Frank Aleshire. Respectfully submitted, Assistant City Clerk b' Carol A. Cruise Minutes Clerk