HomeMy WebLinkAbout2007-11-14; City Council; MinutesCITY OF CARLSBAD CITY COUNCIL WORKSHOP
SPECIAL MEETING
Faraday Administration Offices
1635 Faraday Avenue
Room173A
Carlsbad, CA 92008
Wednesday, November 14, 2007
MINUTES
CALL TO ORDER: The Mayor called the meeting to order at 11:00 a.m.
ROLL CALL: Mayor Lewis, Mayor Pro Tem Kulchin and Council Members Nygaard and Hall.
PUBLIC COMMENT:
Kasey Cinciarelli, Lyons Court, spoke regarding item number 4 and the development process.
She noted that the City Survey is a great voice for conservation planning. She also suggested
that notification of development be extended to 1000 feet from the property under review. Ms.
Cinciarelli stated that documents regarding artifacts were included in the EIR for Marino Cove.
She stated that this information should be confidential and that staff should prevent this from
occurring in the future.
Council Member Packard arrived at 11:03 a.m.
1. Council discussion on Council Member reports on regional roles and assignments, as
necessary, including:
Nygaard Buena Vista Lagoon JPA
City/School Committee
LOSSAN Corridor Board of Directors
North County Dispatch Joint Powers Authority (alternate)
North County Transit District Board of Directors
North County Transit District Planning Committee
No report.
Packard Buena Vista Lagoon JPA
City/School Committee
EFJPA
Encina Joint Powers (JAC)
Encina Wastewater Authority
League of California Cities - SD Division
League of California Cities Transportation, Communication & Public Works
Committee
North County Dispatch Joint Powers Authority
No report.
Hall Chamber of Commerce Liaison
League of California Cities Revenue and Taxation Committee
SANDAG Board of Directors
Council Workshop 11-14-07 2
SANDAG Public Safety Committee
SANDAG Executive Committee
No report.
Kulchin American Coastal Coalition Board of Directors
American Shore & Beach Preservation Association, Board of Directors
CalCoast Board of Directors
Carlsbad ConVis (alternate)
Encina Joint Powers (JAC)
Encina Wastewater Authority (EWA)
North County Transit District (alternate)
*San Diego Authority for Freeway Emergencies (SAFE)
SANDAG Board of Directors (2ntf alternate)
*SANDAG Shoreline Preservation Committee
No report.
Lewis Chamber of Commerce Liaison
LAFCO Cities Advisory Committee
North County Mayors and Managers
SANDAG (1st alternate)
San Diego County Water Authority Board of Directors
Mayor Lewis stated that he has requested more information on the Priata Water
Bill. He noted that sometimes unneeded "riders" are added to critical water legislation
and that he wanted to review all aspects of this bill.
Requests to Speak on a listed item: A total of 15 minutes is provided. Please submit a
speaker card indicating the item you wish to address. Comments/speakers are limited to three
(3) minutes each.
The Mayor moved Public Comment to the beginning of the agenda.
2. Discussion of existing prohibition of alcoholic beverages and fires on beaches and other
public properties in Carlsbad.
(Handouts regarding this item are on file in the Office of the City Clerk.) Council Member Hall
noted his concerns regarding fires being built along the Lagoons. He asked if our ordinances
need to be updated and asked for a review.
In response to the Mayor, Police Capt. Shipley explained that laws prohibiting alcohol do not
apply to drinking inside a motor home.
In response to Council Member Packard, City Manager Lisa Hildabrand stated that staff will
research the possibilities of prohibiting smoking on the beach and trails.
After discussion with City Attorney Ball, Council concurred to add "trails" to the ordinance
regarding fire prohibition.
Police Chief Zoll noted that he would coordinate with the City Attorney's Office regarding the
posting and details of fire prohibition on the citywide trail system.
Council Workshop 11 -14-07 3
3. Discussion and overview of police department operations.
Chief Zoll, Captain Shipley, Management Analyst Lynn Diamond, Lt. Kelly Cain and Lt. Don
Rawson gave a presentation regarding the work of the Police Department.
This presentation is on file in the Office of the City Clerk.
Topics covered were:
History of the Police Department.
Recruitment efforts.
Equipment and Technology.
Evidence Processing.
Officer Training.
Crime Rates.
Traffic Control and Programs.
Investigations.
Village enforcement activities.
Policing in the future: technology and communication with citizens.
Mayor Lewis called a recess at 12:00 p.m. and Mayor and Council returned at 12:10 p.m.
Mayor and Council concurred that this presentation be delivered at a future Council Meeting.
4. Receipt and discussion of Planning Commission comments and concerns regarding
development processing, procedures, and other land use issues.
5. Discussion of Council efficiency and effectiveness including impact of regional
assignments with regard to contact with other Council members, decision and
policymaking, serving the community and effective methods of feedback.
6. City Manager review of goal and major project tracking report and update discussion of
Council goal setting process and discussion of capacity and effectiveness in the
delivery of City processes and services.
City Manager Hildabrand distributed the Athena Report on City Projects for Council review.
(This document is on file in the office of the City Clerk.)
7. Discussion of feedback, communications or correspondence on issues for the good of
the community, including directions to the City Manager or City Attorney, as
appropriate, for the scheduling of items for future agendas, workshops or study
sessions.
Requests to Speak: Continuation of Requests to Speak (if necessary)
ADJOURNMENT : Mayor Lewis adjourned the meeting at 12: 54.
e M. Wo
CITY CLERK
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arlsbad Police Department
UPDATE TO
CITY COUNCIL
November 14, 2007
Summary of Hours
al Available Hours 1 FTE
'vailable for Patrol
'<$!; Downtown Arrests
Selected Arrests: January - August
• 2005 " 2006 • 2007
DM Drunk hPuDHc, Liquor AU4UI Nwcotlc
Public Outreach
'police website in progress
Jmess outreach goal
n§is communication goal•^~^f.-,--fflal communications and key
|fsages • _,,j . :
[Summary of Key Issues
ologf and "working smarter"f^*iT '•, • .;•'•lueo increase in training demandstp; .^« .. ^se in public input, interface, and
tatlons
Chapter 8.44 ALCOHOLIC BEVERAGES i£<^ Page 1 of 1
Remove highlighting.
All Receive - Agenda Item #
Title 8 PUBLIC PEACE. MORALS AND SAFETY* r , , ,For Information of
THE CITY COUNCIL
Chapter 8.44 ALCOHOLIC BEVERAGES Date From CM— Asst CM-
8.44.010 Alcoholic beverages defined.
8.44.020 Drinking on the beach prohibited.
8.44.030 Possession of open containers of alcoholic beverages on or near premises where
liquor sold prohibited.
8.44.010 Alcoholic beverages defined.
"Alcoholic beverages," for the purposes of this chapter, includes alcohol, spirits, liquor, wine,
beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-
half of one percent or more of alcohol by volume, and which is fit for consumption either alone or
when diluted, mixed or combined with other substances. (Ord. 3106 § 1 (part), 1977)
8.44.020 Drinking on the beach prohibited.
No person shall consume any alcoholic beverage on any public beach or beach which is open to
the public; or on any street, sidewalk, alley, highway, public parking lot or bluff-top whether
improved or unimproved adjacent to such beach. This section shall not be deemed to make
punishable any act or acts which are prohibited by any law of the state. This section shall not
apply to the consumption of alcoholic beverages on any private residential property, including
hotels or motels, located in any area specified in this section, or on the South Carlsbad State
Beach Campgrounds. (Ord. 3188 § 1, 1985: Ord. 3174, 1984: Ord. 3106 § 1 (part), 1977)
8.44.030 Possession of open containers of alcoholic beverages on or near
premises where liquor sold prohibited.
(a) No person who has in his or her possession any bottle, can or other receptacle containing any
alcoholic beverage which has been opened, or a seal broken, or the contents of which have been
partially removed, shall enter, be, or remain on the posted premises of, including the posted
parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee
licensed pursuant to Division 9, commencing with Section 23000, of the Business and
Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted
premises. Any person violating this section shall be guilty of an infraction and shall be punished
as provided in Chapter 1.08 of this code.
(b) As used in subdivision (a) of this section, "posted premises" means those premises which are
subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot
immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to
the licensed premises on which clearly visible notices indicate to the patrons of the licensee and
parking lot and to persons on the public sidewalk, that the provisions of subdivision (a) of this
section are applicable.
(c) The provisions of this section shall not apply to a private residential parking lot which is
immediately adjacent to the posted premises, or to any premises which are not posted as
provided in this section. (Ord. 3173 § 1, 1984)
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Chapter 11.32 PARKS AND BEACHES Page 1 of 2
11.32.010 Parks-Scope.
For the purpose of this chapter, parks shall include all dedicated parks, parks established by
adverse uses, planted areas open to the general public, parks on leased property, planted
parkways, triangles, and traffic circles maintained by the city, except parkway strips between curb
and sidewalk or behind curb, along the several streets and highways of the city. (Ord. 3222 § 2
(part), 1987)
11.32.020 Beaches-Scope.
For the purpose of this chapter, beaches shall include all beach areas bordering the Pacific
Ocean, the Batiquitos Lagoon, the Buena Vista Lagoon and the Agua Hedionda Lagoon. (Ord.
3222 § 2 (part), 1987)
11.32.030 Unlawful acts.
It is unlawful for any person to do any of the following mentioned acts in or upon any park or
beach within the city:
(1) To dump or deposit any trash, refuse, rubbish, litter, or other kind of waste materials, except
in approved containers specifically placed and designated to receive such waste materials;
(2) To start or maintain any fire, except in such areas as are specifically designated by the city
manager for such fires, including stoves, barbecue pits, fire rings and the like;
(3) To commit any act of vandalism, including the damaging or destroying of trees or their leaves,
limbs or branches, bushes, shrubbery, equipment, signs, buildings or rooms, or to tear down or to
deface the same, or to pick any crops, fruit or flowers in any portion of such public park or beach;
(4) To bring into or use any firearms or air or gas or spring-propelled guns, sling shots, bows and
arrows, except that bows and arrows may be permitted in such portions of public parks or
beaches which are specifically designated by the city manager for archery or other projectile-
throwing devices;
(5) To discharge or set off firecrackers, torpedoes, rockets or other fireworks except where a
special event permit has been granted pursuant to Chapter 8.17;
(6) To stable, pasture or keep animals or insects;
(7) To enter any portion of a public park or beach in the city, or buildings or portions thereof in
such public parks and beaches which are posted with signs stating "no entry," "keep out," "no
trespassing," "closed area" or other prohibition of entry;
(8) To enter any portion of or be in a public park or beach in the city at a time of the day, or on a
day of the week, when such entry is prohibited by a clearly legible sign posted at each entrance
to such public park or beach. The city manager is given authority to post such signs;
(9) To park any automobiles or any other vehicles in any public park or beach in the city, except
in areas specifically designated as parking areas by the city manager;
(10) To construct or erect on any portion of a public park or beach in the city any building, fence
or structure of whatever kind, whether permanent or temporary in character, or run, or string or
install any public service utility into, upon or across such lands, except on special written permit
of the city manager as to temporary items and of the city council as to permanent items. Each
day such condition exists shall constitute a new and separate offense;
(11) To ride or lead horses, or to hitch, fasten, lead, drive or let loose any animal or fowl of any
kind. Dogs are not allowed in Carlsbad's parks or on Carlsbad's beaches.
Notwithstanding any other provisions of this chapter, this section does not apply to Batiquitos
Lagoon, Buena Vista Lagoon or Agua Hedionda Lagoon.
This prohibition does not apply to a dog accompanying an unsighted person, or other person who
by reason of medical necessity must be accompanied by a dog, dogs while assisting peace
officers in law enforcement duties, dog parks or other areas specifically designated for dog use
by the city council, or to dogs participating in shows or obedience classes authorized by the
Carlsbad community services department on specified areas of parks or beaches;
(12) To cut and remove any wood or to remove turf, grass, soil, rock, sand, gravet or fertilizer;
(13) To camp or lodge therein except in areas designated and posted on camping sites by the
city manager;
(14) To play or engage in any sport or sporting event in any picnic area;
http://www.bpcnet.com/codes/carlsbad/_DATA/TITLEl I/Chapter 11_32_PARKS_AND... 11/09/2007
Chapter 11.32 PARKS AND BEACHES Page 2 of 2
(15) To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;
(16) To distribute any handbills or circulars, or to post, place or erect any bills, notice, paper, or
advertising device or matter of any kind;
(17) To sell or offer for sale or to rent or lease any merchandise, article or thing, whatsoever,
unless granted a valid permit by the city council;
(18) To practice, carry on, conduct or solicit for any trade, occupation, business or profession of
whatsoever kind or character without permission of the city council;
(19) To use or operate any motor-powered vehicles at any time, except as permitted by the city
manager in designated streets or parking areas or as part of a supervised recreational activity or
as authorized by the owners of the outer lagoon. This subsection does not apply to officers,
agents or employees of the United States, the state of California, the city, or public utility
companies or other local government agencies, when they are using motor-powered vehicles in
the performance of their official duty, nor to the use of motor-powered vehicles in emergencies
when it is necessary to use them for the preservation or protection of life or property, nor to utility
companies using motor-powered vehicles for the installation, maintenance, repair or servicing of
utility lines, generation, intake and outfall facilities, cooling water resources and other related
facilities;
(20) No person who is over six years of age shall enter or use any water closet, restroom,
dressing room or other facility designated for exclusive use by persons of the opposite sex in a
public park or beach;
(21) For any person to assemble, collect or gather together in any walk, passageway or pathway
set apart for the travel of persons through any park or beach or to occupy same so that the free
passage or use'thereof by persons passing along the same shall be obstructed in any manner;
(22) Nothing herein contained shall prevent the operation of motor vehicles and free right of
public access over, or across any validly dedicated public street or road in the city;
(23) No persorr shall allow any dog owned by him or any dog subject to his control, custody, or
possession, to enter upon any park within the city; provided, however, that this subsection shall
not apply to dogs participating in shows or obedience classes authorized by the Carlsbad
community services department in specified areas of parks, dog parks or other areas specifically
designated for dog use by the city council. No person shall allow or permit any dog to destroy any
real or personal property or to commit a nuisance on any park property. It is the duty of persons
having control of a dog to curb such a dog while in a park area;
(24) No person shall play or practice golf or swing any golf club within any park within the city,
except in such areas and to the extent as may be authorized by posted signs authorized by the
city. (Ord. NS-557 § 1, 2000; Ord. NS-286 § 5 (part), 1994; Ord. NS-56 § 3, 1989; Ord. NS-51 §
1, 1989; Ord. 3222 § 2 (part), 1987)
11.32.040 Glass containers on beach-Prohibited.
(a) It is unlawful for any person to have, possess or use any cup, tumbler, jar, bottle or container
made of glass and used for carrying or containing any liquid for drinking purposes on any beach
or on any street, sidewalk, alley, highway, or parking lot immediately adjacent to such beach.
(b) No person who has in his or her possession any bottle, can or other receptacle containing any
alcoholic beverage which has been opened, or a seal broken or the contents of which have been
partially removed, shall enter, be or remain on any beach or on any street, sidewalk, alley,
highway, blufftop or parking lot immediately adjacent to such beach. (Ord. NS-49 § 1, 1988; Ord.
3222 § 2 (part), 1987)
http://www.bpcnet.com/codes/carlsbad/_DATA/TITLEl l/Chapter_l 1_32_PARKS_AND... 11/09/2007
LAWS PROHIBITING FIRES
Public Resources Code Section 4421 states:
"A person shall not set fire or cause fire to be set to any forest, brush, or other
flammable material which is on any land that is not his own, or under his legal
control, without the permission of the owner, lessee, or agent of the owner or
lessee of the land."
Health & Safety Code Section 13000 makes it a misdemeanor to allow a fire to grow out
of control. In addition, Public Resources Code Section 4422 states:
"A person shall not do any of the following:
(a) Willfully or knowingly allow fire to burn uncontrolled on land which he owns
or controls, or to escape to the lands of any person other than that of the owner.
(b) Allow any fire kindled or attended by him to escape from his control or to
spread to the land of any person other than from the land from which the fire
originated."
Health & Safety Code Sections 13002 makes it a misdemeanor for any person to throw or
discharge any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing
substance or any substance which may cause a fire upon any highway, sidewalk or public
or private property. Section 13001 also makes it a misdemeanor to throw or place a
lighted cigarette or flaming or glowing substance in an area which may directly or
indirectly start a fire.
Public Resources Code Section 4101 et seq. states that any condition creating a fire
hazard sufficiently extreme to menace public health and safety constitutes a public
nuisance which can be summarily abated.
Public Resources Code Sections 4251 et seq. allows the State Board of Forestry and Fire
Prevention to declare any area on which a fire hazard exists to be a hazardous fire area
upon petition by the owner of 50% of the land (including public land). The designation
as a hazardous fire area and the time during which the area is so designated must be
posted. Once the area has been so designated it is a violation of Public Resources Code
Section 4255 to smoke, build a campfire or other open fire in the area. This increases
penalties or prohibits certain activities in this area including having firecrackers. In
addition it allows the director of the State Board of Forestry to close the area if he or she
deems it necessary to prevent fires.
According to Penal Code Section 602(j) it is a misdemeanor to build fires upon any lands
owned by another where signs forbidding trespass are displayed.