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HomeMy WebLinkAbout2008-03-18; City Council; 19350; Extension of contract for Legal ServicesCITY OF CARLSBAD - AGENDA BILL AB# 19.350 MTG. 3/18/08 DEPT. CA EXTENSION OF CONTRACT FOR LEGAL SERVICES RELATED TO Am II T Rl I^INF*^ 7ONINIG DEPT. HEAD CITY ATTY. U^ CITYMGR. UV RECOMMENDED ACTION: Adopt Resolution No. 2008-071 authorizing the City Attorney to extend the agreement with Attorney Deborah Fox to assist in formulating zone code amendments to provide for the location and distancing provisions for adult businesses. ITEM EXPLANATION: The City's adult entertainment ordinance was first enacted in 1979 and was then updated and revised in 2005 to reflect current state law which resulted in the first phase of the City's comprehensive adult use ordinance. This has been implemented in Carlsbad Municipal Code Chapter 8.60, Adult Business Licenses and Operating Regulations and Chapter 8.70, Adult Business Performer License. Phase two consists of identifying potential sites for location of adult businesses and distancing requirements to protect sensitive uses such as schools and churches, along with proposed revisions to the zone code to implement these land use changes. The City Council previously authorized the City Attorney to retain the legal services of Attorney Deborah Fox now with the law firm Meyers Nave, who specializes in constitutional issues surrounding regulation of adult uses to assist staff in revising, updating and drafting the amendments to the adult entertainment ordinance at an amount not to exceed $50,000. At present less than $900 remains from that approval. Finalizing the proposed ordinance which includes extensive review of maps and siting criteria, interfacing with the Coastal Commission, revising CEQA documents, and preparation for and presentation at Planning Commission and City Council hearings on the ordinance adoption will require approximately 97 hours of additional time. FISCAL IMPACT: It is requested that the additional funds necessary to complete phase two also be budgeted from the City Council's contingency fund at a cost not to exceed $35,000. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this ordinance does not constitute a "project" within the meaning of CEQA and, therefore, does not require environmental review. EXHIBITS: 1. Resolution No. 2008-071 DEPARTMENT CONTACT: Ron Ball 760-434-2801 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED ^ CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D 1 2 3 4 ADULT ENTERTAINMENT 5 WHEREAS, the City's adult entertainment ordinance was first enacted in 6 7 8 9 15 16 17 22 23 24 25 RESOLUTION NO. 2008-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO AMEND THE EXISTING AGREEMENT WITH ATTORNEY DEBORAH FOX TO ASSIST IN REVISING ZONING REGULATIONS OF 1979 and then revised and updated in 2005 to reflect current state law which resulted in the first phase of the City's comprehensive adult use ordinance; and WHEREAS, phase two consists of identifying potential sites for location of adult businesses and distancing requirements to protect sensitive uses such as schools and churches, along with proposed revisions to the zone code to implement these land use changes; and WHEREAS, Attorney Deborah Fox assisted in phase one and possesses consists of revising the zoning regulations of adult entertainment; and WHEREAS, finalizing the proposed ordinance will require approximately 97 18 hours of additional time at a cost not to exceed $35,000. 19 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of 20 Carlsbad, California, as follows: 21 1. That the above recitations are true and correct. 2. That the City Attorney is hereby authorized to amend the agreement with Attorney Deborah Fox from the law firm of Meyers Nave to assist in formulating zone code amendments to provide for the location and distancing provisions for adult businesses within the City. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. That the Finance Director is authorized to appropriate $35,000 from the City Council contingency fund to the Community Development Professional Services account for this contract. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18tb day of March , 2008 by the following vote, to wit: AYES: Council Members Lewsi, Kulcbin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: lORRATNE M (SEAIQJ w^kv-SB^o%•£S&'"."-:"$S'^ OD, city e 3