The URL can be used to link to this page

Home My WebLink About2014-04-08; City Council; 21564; Issuance of Report Describing Measures Which Led to Adoption of Urgency Ordinance Prohibiting Mini-Satelite WageringCITY OF CARLSBAD - AGENDA BILL 14 ISSUANCE OF A REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF THE URGENCY ORDINANCE PROHIBITING MINI-SATELLITE WAGERING DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council ADOPT Resolution 2014-065 . issuing a report describing the measures taken to alleviate the condition that led to the adoption of urgency Ordinance CS-217. ITEM EXPLANATION: On April 30, 2013 the City Council introduced and adopted urgency Ordinance No. CS-215, prohibiting mini-satellite wagering in the City of Carlsbad for a 45 day period pursuant to California Government Code Section 65858. On May 28, 2013 the City Council adopted Ordinance No. CS-217, extending the urgency ordinance for a period often months and 15 days. Urgency Ordinance No. CS-217 will expire on April 29, 2014, unless the City Council holds a public hearing and extends the urgency ordinance for a period not to exceed one year. Prior to its expiration, staff intends to bring forward for Council consideration an extension to the urgency ordinance, as well as a permanent ordinance prohibiting mini-satellite wagering sites anywhere in the city. Pursuant to California Government Code, ten days prior to the expiration of the ordinance extension (April 19, 2014), the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. A report is attached to City Council Resolution No. 2014-065 . which describes the measures taken to alleviate the condition which led to the adoption of Ordinance CS-217 prohibiting mini-satellite wagering in the city. FISCAL IMPACT: There will be no expenditure of funds to issue the report. ENVIRONMENTAL IMPACT: This action is exempt from California Environmental Quality Act (CEQA) review pursuant to California Code of Regulations Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. EXHIBITS: Resolution No. 2014-065 DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer(5)carlsbadca.gov 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 • 5 21 22 23 24 25 EXHIBIT 1 RESOLUTION NO. 2014-065 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ISSUING A REPORT DESCRIBING THE MEASURES 4 TAKEN TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF ORDINANCE CS-217 PROHIBITING MINI-SATELLITE WAGERING WITHIN THE CITY OF CARLSBAD. 5 CASE NAME: MINI-SATELLITE WAGERING WHEREAS, on April 30, 2013 the City Council introduced and adopted urgency 7 The City Council of the City of Carisbad, California, does hereby resolve as follows: 8 " 9 Ordinance CS-215, prohibiting mini-satellite wagering within the City of Carisbad; and 11 WHEREAS, the City Council declared Ordinance CS-215 an emergency ordinance 12 adopted as an urgency measure to protect the public health, safety and welfare pursuant to California Government Code Section 65858; and WHEREAS, on May 28, 2013 the City Council adopted urgency Ordinance CS-217 extending the interim ordinance for a period often months and 15 days; and WHERAS, pursuant to California Government Code Section 65858(d), ten days 13 14 15 16 17 prior to the expiration of the interim ordinance (April 19, 2014), the City Council shall issue a 19 written report describing the measures it has taken to alleviate the condition which led to the 20 adoption of the ordinance. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad, California as follows: 1. That the above recitations are true and correct. 2. Pursuant to California Government Code Section 65858(d), the exhibit appended hereto as Exhibit "A" and made part hereof by reference is issued and constitutes a 2g written report describing the measures taken to alleviate the condition which led to the adoption of Ordinance CS-217. 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 8*^ day of April, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: ,„W*lfS^RA ENGLESO ity Clerk Exhibit "A" Report Describing the Measures Taken to Alleviate the Condition Which Led to the Adoption of City Council Ordinance CS-217 Prohibiting Mini-Satellite Wagering in the City of Carlsbad April 8, 2014 The City Council adopted urgency Ordinance No. 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 include mini satellite wagering as an accessory use. On May 28, 2013 the City Council adopted urgency Ordinance No. CS-217 extending the urgency ordinance for a period of ten months and 15 days. Urgency Ordinance No. CS-217 will expire on April 29, 2014 unless extended by the City Council for a period not to exceed one year. California Government Code Section 65858(d) requires that a written report describing the measures taken to alleviate the condition which led to the adoption of urgency Ordinance No. CS-217 must be issued no less than ten days priorto the expiration ofthe adopted urgency ordinance. The following is intended to serve as the required report. City staff has conducted research on potential mini-satellite wagering facilities in Carlsbad and existing mini-satellite wagering facilities in other California jurisdictions. Said research is nearly complete, and findings and recommendations will be presented to the City Council at its meeting of April 22, 2014. Research that has taken place to date includes the following: • The number and location of mini-satellite wagering facilities in the state of California is currently regulated, through licensing and permitting, by the Califomia Horse Racing 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 facility in San Clemente called OC Tavern, priorto the facility opening for the day. OC Tavern is best described as a "bar within a bar." The wagering portion of the facility 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 sen/ice 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. 4 Exhibit "A" • 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, social, land use, and economic issues concerning mini-satellite wagering facilities. Additionally, during the April 30, 2013 council meeting, the City Council adopted Resolution No. 2013-089, which directs staff to study and recommend revisions to Title 5 ofthe Carlsbad Municipal Code as necessary to prohibit mini-satellite wagering within the City. Report on Urgency Ordinance Prohibiting Mini-Satellite Wagering Kevin Pointer April 8, 2014 Background •April 2013—City Council issues urgency ordinance prohibiting mini-satellite wagering •May 2013—City Council extends urgency ordinance for ten months and fifteen days •Urgency ordinance expires April 29, 2014 California Government Code •City Council shall issue a report describing the measures taken to alleviate the condition which led to the adoption of the urgency ordinance Recommendation That the City Council adopt Resolution No. 2014- 065, issuing a report describing the measures taken to alleviate the condition that led to the adoption of urgency Ordinance CS-217.