HomeMy WebLinkAbout2013-05-28; City Council; 21245; Ordinance Prohibiting MiniSatellite WageringCITY OF CARLSBAD - AGENDA BILL 10
AB# 21.245 EXTENSION OF URGENCY ORDINANCE
PROHIBITING MINI-SATELLITE WAGERING
WITHIN THE CITY OF CARLSBAD
DEPT. DIRECTOR /TAX
MTG. 5/28/13
EXTENSION OF URGENCY ORDINANCE
PROHIBITING MINI-SATELLITE WAGERING
WITHIN THE CITY OF CARLSBAD
CITY ATTORNEY
DEPT. CED
EXTENSION OF URGENCY ORDINANCE
PROHIBITING MINI-SATELLITE WAGERING
WITHIN THE CITY OF CARLSBAD CITY MANAGER
RECOMMENDED ACTION:
That the City Council hold a public hearing and:
1- INTRODUCE and ADOPT urgency Ordinance No. CS-217 extending urgency Ordinance CS-
215 for ten (10) months and (15) fifteen days to prohibit mini-satellite wagering fadlities within the
City of Carlsbad.
2. ADOPT Resolution No. 2013-126 issuing a report describing the measures taken to alleviate
the condition that led to the adoption of urgency Ordinance No. CS-215; and,
ITEM EXPLANATION:
On April 30, 2013 the City Coundl introduced and adopted urgency Ordinance No. CS-215, prohibiting
mini-satellite wagering in the City of Carlsbad. Pursuant to California Government Code Section 65858,
the urgency ordinance will expire in 45 days from its adoption (June 14, 2013). The City Coundl may,
however, extend the ordinance for an additional ten months and 15 days if, 10 days prior to the
expiration of the ordinance, the City Council issues a written report describing the measures taken to
alleviate the condition that led to the adoption of the ordinance. On April 30, 2013, City Coundl also
approved a companion resolution (Resolution No. 2013-089), which directed staff to study the matter
and prepare recommendations to determine whether it is in the best interests of the public health, safety
and welfare to prohibit mini-satellite wagering facilities in the city. Staff has not yet completed its study
and recommendations, and is therefore recommending that the City Coundl: 1) issue a report describing
measures taken to alleviate the condition that led to adoption of the urgency ordinance; and, 2) extend
the urgency ordinance by ten months and 15 days. A report is attached to City Coundl Resolution
2013-126 as Exhibit "A," which describes the measures taken to alleviate the condition which led to
the adoption of Ordinance CS-215.
FISCAL IMPACT:
The recommended action requires no additional expenditures beyond those discussed in City Coundl
Agenda Bill No. 21,202, which indude the cost of staff time in studying and making recommendations as
to whether or not to revise Title 5 of the Carlsbad Munidpal Code.
ENVIRONMENTAL IMPACT:
The adoption of the proposed Resolution and Ordinance will enable staff to continue to study and gather
information regarding mini-satellite wagering fadlities within the City of Carlsbad and as such, is
statutorily exempt from environmental review at this time per section 15262 of the California
Environmental Quality Act.
EXHIBITS:
1. Ordinance No.
2. Resolution No.
CS-217
2Q13-126
DEPARTMENT CONTACT: Kevin Pointer, 760-602-4620, kevin.pointer(S)carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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EXHIBIT 1
ORDINANCE NO. CS-217
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA EXTENDING URGENCY
ORDINANCE CS-215 FOR TEN MONTHS AND 15 DAYS
TO PROHIBIT MINI-SATELLITE WAGERING FACILITIES
WITHIN THE CITY OF CARLSBAD
WHEREAS, on April 30, 2013 the City Coundl introduced and adopted
urgency Ordinance CS-215, prohibiting mini-satellite wagering within the City of Carlsbad;
and
WHEREAS, the City Council declared Ordinance CS-215 an emergency
ordinance adopted as an urgency measure to protect the public health, safety and welfare
pursuant to California Government Code 65858; and
WHEREAS Ordinance CS-215 would expire in 45 days, on June 14, 2013,
unless it is extended or repealed by the City Council; and
WHEREAS, pursuant to California Government Code section 65858(d), the
City Council has issued a written report describing the measures taken to alleviate the
condition which led to the adoption of Ordinance CS-215; and
WHEREAS, the facts constituting the emergency declared by Ordinance
CS-215 continue to represent a current and immediate threat to the public health, safety
or welfare of Carlsbad citizens; and
WHEREAS, mini-satellite wagering continues to appear to be in conflict
with the proposed General Plan Vision and Goals formulated for the General Plan Update
currently in progress, which include the promotion of a community which emphasizes a
small town feel, family oriented activities, access to recreation and active healthy
lifestyles, history, the arts and cultural resources.
NOW, THEREFORE, the City Coundl of the City of Carlsbad ordains as
follows that:
SECTION 1: The above recitations are true and correct.
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SECTION 2: No application for a business license for a mini-satellite
wagering facility within the City shall be accepted, processed or approved.
SECTION 3: On or before the expiration of this ordinance, the City Coundl
may hold a public hearing to consider extending this ordinance for one year pursuant to
California Government Code section 65858.
SECTION 4: Ordinance CS-215 is extended ten (10) months and fifteen (15)
days.
DECLARATION OF URGENCY: This ordinance is hereby dedared to be an
emergency ordinance adopted as an urgency measure to protect the public health, safety
and welfare and shall take effect immediately upon its adoption. The facts constituting the
emergency are set forth in this ordinance, as well as in Ordinance CS-215, and represent a
current and immediate threat to the public health, safety or welfare of Carlsbad citizens.
EFFECTIVE: This ordinance shall be effective immediately upon passage
and shall be of no further force and effect after ten months and 15 days from June 14, 2013
unless extended by the City Council pursuant to Section 3 and all other applicable law.
At least ten days prior to the expiration of this interim ordinance, the City
Council shall issue a written report describing the measures it has taken to alleviate the
conditions that led to the adoption of this ordinance. The City Clerk of the City of Carlsbad
shall certify to the adoption of this ordinance and cause it to be published within 15 days after
its adoption.
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1 INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City
2 Council of the City of Carlsbad on the 28th day of May 2013 by the following vote to wit:
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4 AYES: Council Members Hall, Packard, Wood, Blackburn, Douglas.
5 NOES: None.
6 ABSENT: None.
'7 ABSTAIN: None.
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^ APPROVED AS TO FORM AND LEGALITY
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CELIA A. BREWERTCity Attorney
ATTEST:
18 /^^/^^c^?v Z^^-
BARBARA ENGLES^, City Clerk
(SEAL) 20
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The City Council of the City of Carlsbad, California, does hereby resolve as
EXHIBIT 2
1 RESOLUTION NO. 2013-126
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ISSUING A REPORT DESCRIBING
3 THE MEASURES TAKEN TO ALLEVIATE THE CONDITION
THAT LED TO THE ADOPTION OF ORDINANCE CS-215,
4 PROHIBITING MINI-SATELLITE WAGERING WITHIN THE CITY
OF CARLSBAD
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6 follows:
7 WHEREAS, on April 30, 2013 the City Council introduced and adopted urgency
8 Ordinance CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and
9 WHEREAS, the City Council declared Ordinance CS-215 an emergency
10 ordinance adopted as an urgency measure to protect the public health, safety and welfare
11 pursuant to California Government Code 65858; and
12 WHEREAS, pursuant to California Government Code section 65858, Ordinance
13 CS-215 would expire in 45 days, on June 14, 2013, unless repealed or extended by the City
14 Council; and
1^ WHEREAS, pursuant to California Government Code section 65858(d), the City
1^ Council shall not extend the ordinance unless the City Council issues a written report describing
1^ the measures taken to alleviate the condition which led to the adoption of the ordinance; and
1 8
WHEREAS, the facts constituting the emergency declared by Ordinance CS-215
continue to represent a current and immediate threat to the public health, safety or welfare of
Carlsbad citizens; and
WHEREAS, the City Coundl intends to extend the Ordinance CS-215.
NOW THEREFORE, BE IT RESOLVED by the City Coundl of the City of
Carlsbad, California as follows:
1. That the above recitations are true and correct.
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2. Pursuant to California Government Code section 65858(d), the exhibit
2^ appended hereto as Exhibit "A" and made part hereof by reference is issued and constitutes a
written report describing the measures taken to alleviate the condition which led to the adoption
27 of Ordinance CS-215.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Coundl ofthe City
of Carlsbad on the 28th day of May 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn, Douglas.
None.
ABSENT: None.
ATTEST:
BARBARA ENGLESON
(SEAL)
Exhibit "A"
Report Describing the IVIeasures Tal<en to Alleviate the Condition Which Led to
the Adoption of City Council Ordinance CS-215 Prohibiting Mini-Satellite
Wagering in the City of Carlsbad
May 10, 2013
The City Coundl adopted an urgency Ordinance (CS-215) prohibiting mini-satellite wagering in the City of
Carlsbad on April 30, 2013. This ordinance was in response to an application for a business license for a
restaurant/sports bar, which would indude mini satellite wagering as an accessory use. Unless
extended, the urgency ordinance is due to expire on June 14, 2013. California Government Code Section
65858(d) requires that a written report describing the measures taken to alleviate the subject urgency
ordinance condition must be issued no less than ten days prior to the expiration ofthe adopted urgency
ordinance in order to consider an extension ofthe moratorium. The following is intended to serve as
the required report.
City staff has begun conducting preliminary research on potential mini-satellite wagering fadlities in
Carlsbad and existing mini-satellite wagering fadlities in other California jurisdictions. Research is
ongoing, and findings and recommendations have not yet been formulated. Research that has taken
place to date includes the following:
• The number and location of mini-satellite wagering fadlities in the state of California is currently
regulated, through licensing and permitting, by the California Horse Radng Board (CHRB). CHRB
restricts the number of these licenses to no more than one every 8 miles. In San Diego County,
there is one located near PETCO Park called the Tilted Kilt.
• As it is currently written the City of Carlsbad's Entertainment Ordinance does not prohibit mini-
satellite wagering in the City of Carlsbad.
• On April 22, 2013, Carlsbad Police Department Sergeant Chris Boyd conducted a site visit at a
mini-satellite wagering fadlity in San Clemente called OC Tavern, prior to the fadlity opening for
the day. OC Tavern is best described as a "bar within a bar." The wagering portion of the fadlity
is a dedicated room within a greater bar/restaurant building. Alcoholic beverages and food are
served inside both locations on the same premises.
• On April 23, 2013 Carlsbad Police Department Sergeant Boyd spoke to Orange County Sheriff
VICE Investigator Alan Villanueva in regards to the satellite wagering at the OC Tavern.
Detective Villanueva described that there were ten calls for service over the last year from the
bar. The calls were further described as disturbances, bar fights, and/or customers refusing to
leave. Detective Villanueva summed up OC Tavern's gambling aspects within the venue as not
contributing significantly to the calls for service or public safety concerns in that area..
• On April 29, 2013, city staff received a letter from County of Los Angeles Sheriff's Department
Captain James Wolak discussing its experience providing police service to the Crown Plaza-
Commerce Casino, which operates a Race Book onsite.
• Staff has been conducting additional research on legal, sodal, land use, and economic issues
concerning mini-satellite wagering facilities.
Exhibit "A"
Additionally, during the April 30, 2013 coundl meeting, the City Council adopted Resolution No. 2013-
089, which directs staff to study and recommend revisions to Title 5 ofthe Carlsbad Munidpal Code as
necessary to prohibit mini-satellite wagering within the City. Staff expects that it will take several
months to complete the aforementioned study. For that reason, staff recommends that the City Coundl
extend urgency Ordinance CS-215 prohibiting mini-satellite wagering in the City of Carlsbad.
PROOF OF PUBLICATION
(2010 & 2011 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA
County of San Diego
I am a citizen of the United States and a resident
of the County aforesaid: I am over the age of
eighteen years and not a party to or interested in
the above-entitled matter. I am the principal clerk
of the printer of
North County Times
Formerly known as the Blade-Citizen and The
Times-Advocate and which newspapers have been
adjudicated newspapers of general circulation by
the Superior Court of the County of San Diego,
State of California, for the City of Oceanside and
the City of Escondido, Court Decree number
171349, for the County of San Diego, that the
notice of which the annexed is a printed copy (set
in type not smaller than nonpariel), has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
Proof of Publication of
NOTICE OF PUBLIC HEARING
URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING WITHIN
THE CITY OF CARLSBAD
NOTICE IS HEREBY GIVEN t/iat the City Council of the City of
Carlsbad, Colifornia, will hold a public hearing in the City Coun-cil Chambers, 1200 Carlsbad Village Drive, Carlsbad, California
at 6:00 p.m., on Tuesday, May 28, 2013, to consider: 1) issuing a report describing the measures taken to alleviate the condition that led to the adoption of Ordinance CS-215; and, 2) extending
urgency Ordinance CS-215 for ten months and 15.dt>ys to prohibit mini-satellite wagering facilities within the City of Carlsbad.
Those persons wishing to speak on this proposal are cordially'in-vited to attend the public hearing. If you have any questions re-
garding this matter, please contact Kevin Pointer, in the City of Carlsbad Planning Department at 760-434-4620 or
Kevln.Pointer@carlsbadca.gov .
If you challenge the Urgency Ordinance in court, you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice, or in written corre-
spondence delivered to the City Clerk's Office, City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA, 92008, at or prior to,
the public hearing.
CITY OF CARLSBAD CITY COUNCIL PUBLISH: May 18, 2013
May 18*, 2013
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Escondido, California
On This 20*, day May, 2013
Jane Allshouse
NORTH COUNTY TIMES
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