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
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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
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ADULT ENTERTAINMENT
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WHEREAS, the City's adult entertainment ordinance was first enacted in
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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
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Carlsbad, California, as follows:
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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.
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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:
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