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HomeMy WebLinkAboutReso 2017-056RESOLUTION NO. 2017-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO ALLOW CITY COUNCIL WAIVER OF REQUIREMENTS FOR TEMPORARY REVERSION OF CLASS II LICENSES TO CLASS I LICENSES UPON TRANSFER WHEREAS, the City of Chula Vista Gaming Plan ("Gaming Plan") currently requires a temporary three year reversion of "Class IP' licenses to "Class P' licenses upon transfer; and WHEREAS, in connection with the proposed transfer of a consolidated Class II cardroom license for the Seven Mile Casino from V C Cardroom; Inc. to Stones South Bay Corporation ("Stones Corp."), Stones Corp. has asked for a waiver of this requirement to avoid the interruption of "Class II" operations; and WHEREAS, staff believes that such a waiver could be appropriate provided that the transferee demonstrate the necessary experience and expertise to operate a "Class II" operation; and WHEREAS, to clarify and establish the terms for such a waiver, staff is recommending that the Gaming Plan be formally amended; and WHEREAS, as required by the Chula Vista Municipal Code Section 5.20.001 and Gaming Plan Section 5.3, prior to City Council action on the proposed Gaming Plan amendment, a public hearing was properly noticed and held, and the City Council considered the proposed amendment and all testimony presented with respect thereto; and WHEREAS, the City Attorney's office has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the activity consists of a governmental administrative/fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: The Gaming Plan is hereby amended to add the following Section 2.5.6.4: 2.5.6.4 City may waive the requirements of Sections 2.5.6.1 and 2.5.6.2 upon the recommendation of the Chief of Police and with the approval of the City Council provided that the City determines, in its sole discretion, that the transferee has otherwise demonstrated to the City that he/she/it possesses the adequate experience and expertise to operate a "Class IP' card room in accordance with state gaming laves, the terms and conditions of this Gaming Plan, and then existing best practices for such operations. In connection with such waiver, the City may impose such additional terms and conditions on transferee's operations. Resolution No. 2017-056 Page No. 2 Presented by len R. bpogins Oil A Ey L) 0 Approved as to form by ';:� �' q-z� Olen R. Googin ity A rney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11 th day of April 2017 by the following vote: AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None NI-11 mt:.__ Mayor ATTEST: G Donna R. Norris, MC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2017-056 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11th day of April 2017. Executed this 11th day of April 2017. ce, eaAAA'(0 Donna R. orris; CMC, City Clerk