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Home My WebLink About2014-04-22; City Council; 21578; Extension Urgency Ordinance, Amendments to Title 8 Prohibit Mini-Satelillite WageringCITY OF CARLSBAD - AGENDA BILL 10 AB# MTG. DEPT. 21,578 EXTENSION OF URGENCY ORDINANCE AND AMENDMENTS TO TITLE 8 OF THE MUNICIPAL CODE TO PROHIBIT MINI-SATELLITE WAGERING DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER 4f AB# MTG. DEPT. 4/22/14 EXTENSION OF URGENCY ORDINANCE AND AMENDMENTS TO TITLE 8 OF THE MUNICIPAL CODE TO PROHIBIT MINI-SATELLITE WAGERING DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER AB# MTG. DEPT. CED EXTENSION OF URGENCY ORDINANCE AND AMENDMENTS TO TITLE 8 OF THE MUNICIPAL CODE TO PROHIBIT MINI-SATELLITE WAGERING DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE and ADOPT urgency Ordinance CS-251 extending urgency Ordinance No. CS-217 for one year to prohibit mini-satellite wagering facilities within the City of Carlsbad; and INTRODUCE Ordinance No. CS-252 APPROVING a Municipal Code Amendment (MCA 14-01) to amend Title 8 ofthe city's Municipal Code to prohibit mini- satellite wagering in the city. 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 of ten months and 15 days. Urgency Ordinance No. CS-217 will expire on April 29, 2014 unless the City Council extends the ordinance for a period not to exceed one year. Staff recommends adopting an ordinance to extend Urgency Ordinance No. CS-217 for up to an additional 12 months or until such a time that a permanent ordinance to prohibit mini-satellite wagering becomes effective (Exhibit 1). At least ten days prior to its expiration or extension, Government Code Section 65858(d) requires the City Council to issue a report describing the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance CS-217. The City Council issued its report on April 8, 2014, 21 days prior to its scheduled expiration. Staff has studied the matter and recommends that the City Council adopt a permanent ordinance to prohibit mini-satellite wagering in the city (Exhibit 2), as it is in the best interests of public health, safety and welfare. Any form of gambling has generally been prohibited within the city. Carlsbad Municipal Code, (Title 5, Chapter 5.10) prohibits bingo unless conducted by a non-profit organization with a valid license for that purpose. Carlsbad Municipal Code (Title 5, Chapter 12) prohibits cardrooms where cards are used for money, profit, barter or where other consideration exchanges hands. Since the City Council has prohibited gambling throughout the city, it does not appear to be the purpose and intent of the City Council to allow mini-satellite wagering, which is another form of gambling. An ordinance to amend the municipal code to permanently prohibit mini-satellite wagering must be introduced and first read at a public hearing, and adopted by City Council at a subsequent meeting. The ordinance will become effective 30 days following adoption, at which point the urgency Ordinance will be of no further force and effect. DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer@carlsbadca.gov f Ofi c/ry CLERKS USE ONLY. X COUNCIL ACTiON: APPROVED X CONTINUED TO DATE SPECIFIC • DENiED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE IVIINUTES • AMENDED • Page 2 FISCAL IMPACT: There will be no substantial expenditures of staff time to codify the City Council's ordinance. 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: 1. Ordinance No. CS-251 2. Ordinance No. CS-252 S 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 EXHIBIT 1 ORDINANCE NO. CS-251 AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA EXTENDING URGENCY ORDINANCE NO. CS-217 FOR ONE YEAR TO PROHIBIT MINI-SATELLITE WAGERING FACILITIES WITHIN THE CITY OF CARLSBAD The City Council of the City of Carlsbad, California, does ordain as follows: WHEREAS, on April 30, 2013 the City Council introduced and adopted urgency Ordinance No. CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and WHERAS, the City Council declared Ordinance No. CS-215 an emergency ordinance 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 issued a report describing the measures taken to alleviate the condition that led to the adoption of urgency Ordinance No. CS-215; and WHEREAS, on May 28, 2013, the City Council introduced and adopted Ordinance No. CS-217 extending urgency Ordinance No. CS-215 for a ten months and 15 days; and WHEREAS, on April 8, 2014, pursuant to California Government Code Section 65858(d), the City Council issued a report describing the measures taken to alleviate the condition which led to the adoption of Ordinance No. CS-217; and WHEREAS, urgency Ordinance No. CS-217 will be of no further force and effect after April 29, 2014; and 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 WHEREAS, the facts constituting the emergency declared by Ordinance No. CS-217 continue to represent a current and immediate threat to the public health, safety or welfare of Carlsbad citizens since any form of gambling has generally been prohibited within the city due to its adverse secondary effects, and the fact that gambling, including mini-satellite wagering, is inconsistent with the community vision and goals to promote a community which emphasizes a small town feel, family oriented values, and access to recreation and active lifestyles; and WHEREAS, the City Council desires to continue to prohibit mini-satellite wagering on an interim basis, until such a time as a permanent ordinance prohibiting mini-satellite wagering becomes effective. NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows that: 1. The above recitations are true and correct. 2. No application for a business license for a mini-satellite wagering facility within the city shall be accepted, processed or approved. 3. Ordinance No. CS-217 is extended for up to one year. DECLARATION OF URGENCY: This ordinance is hereby declared 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 No CS-215 and Ordinance No. CS-217, 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 one year from April 29, 2014 or until an 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 EXHIBIT 2 ORDINANCE NO. CS-252 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A MUNICIPAL CODE AMENDMENT (MCA 14-01) TO AMEND TITLE 8 OF THE CITY'S MUNICIPAL CODE TO PROHIBIT MINI-SATELLITE WAGERING IN THE CITY. CASE NAME: MINI-SATELLITE WAGERING CASE NO.: MCA 14-01 The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That the list of sections in Chapter 8.80 of the Carlsbad Municipal Code is added to read as follows: 8.80,010 8.80,020 8.80.030 Purpose. Definitions. Prohibition. SECTION 2: That Section 8.80.010 of the Carlsbad Municipal Code is added to read as follows: 8.80.010 Purpose. It is the purpose of this chapter to protect public health, safety and welfare by broadly prohibiting mini-satellite wagering within the city. SECTION 3: That Section 8.80.020 of the Carlsbad Municipal Code is added to read as follows: 8.80.020 Definitions. "Mini-satellite wagering site" means any facility used for mini-satellite wagering as defined by California Business and Professions Code Section 19410.7. SECTION 4: That Section 8.80.030 of the Carlsbad Municipal Code is added to read as follows: 8.80.030 Prohibition. Mini-satellite wagering sites shall be prohibited within the City of Carlsbad. /// /// 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 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption ofthis ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Upon the effectiveness date of this ordinance, Ordinance No. CS-251 shall be of no further force and effect. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22"^* day of April, 2014, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// -2- 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 AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk EXHIBIT 3 MINI-SATELLITE WAGERING MCA 14-01 PROPOSED TEXT CHANGES TO THE TITLE 8 OF THE CARLSBAD MUNICIPAL CODE SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT ADDITIONS TO TITLE 8 PUBLIC PEACE, MORALS AND SAFETY List of Sections in Chapter 8.80 8.80.010 8.80.020 Purpose. Definitions. 8.80.030 Prohibition. Section 8.80.010 8.80.010 Purpose- It is the purpose of this chapter to protect public health, safetv and welfare bv broadly prohibiting mini-satellite wagering within the citv. Section 8.80.020 8.80.020 Definitions. "Mini-satellite wagering site" means any facilitv used for mini-satellite wagering as defined bv California Business and Professions Code Section 19410,7. Section 8.80.030 8.80.030 Prohibition. Mini-satellite wagering sites shall be prohibited within the Citv of Carlsbad. AasAv-usmjuiTi. UlOrAjSAB'/WAAM CARLSBAD UNIFIED SCHOOL DISTRICT 6225 EL CAMINO REAL CARLSBAD CA 92011 j Bp uj^ ajnttaeq e| f ZBiidsu SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AV SAN MARCOS CA 92069 ®09iS ®Aa3AV VjeqeB a| zasij! j9|Bd e seipe^ sauanb ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DISTRICT TIM JOCHEN 1960 LA COSTA AV CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 VALLECITOS WATER DISTRO 201 VALLECITOS DE ORO SAN MARCOS CA 92069 l,P.U,A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND WILDLIFE 3883 RUFFIN RD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STE 110 5510 OVERLAND AV SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B ST SAN DIEGO CA 92101 U.S. FISH & WILDLIFE STE 250 2177 SALK AV CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO CO. AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 MICHAEL MCSWEENEY - BIA SD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 City Cierk City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER ®09is ®A113AV Hj.96p3 Etr)<lod asodxa 0) au!| 6uo|e puag ®09l.S atetdiuai ®AJ3AV « siaaei x^iaaA Asi 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 UT - North County Formerly known as the North County Times and which newspaper has been adjudicated as a newspaper 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 numbers 171349 & 172171, 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 foiiowing dates, tovwit: Proof of Publication of NOTICE OF PUBLIC HEARING INOTICE IS HEREBY GIVEN to you, because your in-Iterest may be affected, that the City Council of the City of Carlsbad will hold a public hearing at the Coun-cil Chamber, 1200 Carlsbad Village Drive, Carlsbad, California, at 6:00 p.m. on Tuesday, April 22, 2014, to consider extending urgency Ordinance No. CS-217 for one year to prohibit mini-satellite wagering facilities within the City of Carlsbad and to consider amending Title 8 of the city's Municipal Code to pro- hibit mini-satellite wagering in the city. Those persons wishing to speal< on this proposal are cordially in-vited to attend the public hearing. Copies of the agenda bill will be available on and after Friday, April 18, 2014. If you have any questions, please contact Kevin Pointer in the Planning Division at (760) 602-4620 or keyin.polnter@carlslKidca.gov . If you challenge the Municipal Code Amendment 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 correspondence delivered to the City of Carlsbad, Attn: City Clerk's Office, 1200 Carlsbad Village Drive, Carlsbad, CA 92008, at or prior to the public hearing. CASE FILE: MCA 14-01 CASE NAME: MINI-SATELLITE WAGERING CITY OF CARLSBAD CITY COUNCIL pub: 4/11/14 April 11*^ 2014 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Oceanside, California On This 11* day April 2014 Jane Allshouse NORTH COUNTY TIMES Legal'Advertising AFFIDAVIT OF MAILING NOTICE OF PUBUC HEARING TO: CITY CLERK DATE OF PUBLIC HEARING: ^fl ^ SUBJECT: M^Mf S^^zL-C^c'T^ lAyAt^^^Cf^a LOCATION: ^ DATE NOTICES MAILED TO PROPERTY OWNERS: NUMBER MAILED: ^Q> I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad and the foregoing is true and correct. CITY CLERK'S OFFICE (Sionature) (Date) (Signature) / (Date) SENT TO FOR PUBLICATION VIA E-MAIL TO: 0^Union Tribune EZL North Countv Timesr PUBLICATION DATE: Union Tribune •North County Times, I declare under penalty of perjury under the laws of the State of California that I am employed by the City of Carlsbad in the City Clerk's Office and the foregoing is true and correct. Date: _ (Signature) Attachments: 1) Mailing Labels 2) Nolice w/ attachments