HomeMy WebLinkAbout2013-05-28; City Council; Resolution 2013-126The 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
5 "
6 follows:
7 WHEREAS, on April 30, 2013 the City Coundl introduced and adopted urgency
8 Ordinance CS-215, prohibiting mini-satellite wagering within the City of Carlsbad; and
9 WHEREAS, the City Coundl 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13 CS-215 would expire in 45 days, on June 14, 2013, unless repealed or extended by the City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
15 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
18 WHEREAS, the facts constituting the emergency declared by Ordinance CS-215
1^ 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) .X\»>>ll//,
c>v^r.
Exhibit "A"
Report Describing the Measures Taken 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 Council 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 include 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 of the adopted urgency
ordinance in order to consider an extension of the moratorium. The following is intended to serve as
the required report.
City staff has begun conducting preliminary research on potential mini-satellite wagering facilities in
Carlsbad and existing mini-satellite wagering facilities 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 facilities in the state of California is currently
regulated, through licensing and permitting, by the California 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 fadlity in San Clemente called OC Tavern, prior to 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 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 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. Staff expects that it will take several
months to complete the aforementioned study. For that reason, staff recommends that the City Council
extend urgency Ordinance CS-215 prohibiting mini-satellite wagering in the City of Carlsbad.