02-07-2006 - West Covina Senior Center Bridge Program Game RulesTO:
FROM:
Andrew G. Pasmant, City Manager and
City Council
Steven L. Samaniego,
Interim Community Services Director
City of West Covi'ina
Community Services Department
Memorandum
ITEM NO. G=
DATE: February 7, 2006
SUBJECT: WEST COVINA SENIOR CENTER BRIDGE PROGRAM
RULES
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RECOMMENDATION:
GAME
It is recommended that the City Council introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA; AMENDING SECTION
15-9 (GAMBLING) OF THE WEST COVINA MUNICIPAL
CODE TO ALLOW THE PLAYING OF BRIDGE AT THE
WEST COVINA SENIOR CENTER OR OTHER CITY
FACILITY ENGAGED IN THE CONDUCT OF SENIOR
ACTIVITIES
2. It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. ZWO&0—/.2- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA
APPROVING THE "WEST COVINA SENIOR CENTER
BRIDGE PROGRAM GAME RULES"
DISCUSSION:
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This item is before the Council as a matter of resolution to the gambling issue raised by
staff at the Senior Center with the Bridge game participants exchanging money during the
game.
The game of Bride is a game played, conducted dealt and carried on with cards and is
g g g P Y
not among the games mentioned in California Penal Code §§ 330 or 330a. Therefore, it
is a violation of West Covina Municipal Code Section 15-9 to play, conduct, deal, and
carry on the game of Bridge for money or other representative of value in the City.
To address concerns regarding the perception of gambling and potential excess money
being contributed, lost and won during the play of Bridge, staff has worked with the City'"
Attorney's Office and the Bridge Committee to devise rules regarding the play of Bridge
at the Senior Center or other City facility engaged in the conduct of senior activities. The
Bridge Committee is in support of the proposed Ordinance Amendment and Resolution. 1„
The attached proposed ordinance would amend Section 15-9 to add a new section
authorizing the playing of Bridge for money at the Senior Center or other City facility
engaged in the conduct of Senior Center program activities. It would continue to b&, a
violation of the West Covina Municipal Code to play Bridge for money elsewhere in the
City. In addition, the attached resolution sets forth the "West Covina Senior Center
Bridge Program Game Rules" established to address the gambling component of the card
game without any restrictions on how the game is played absent any exchange of money.
The rules will take effect upon the effective date of the Ordinance, and may be amended
in the future upon the approval of the City's Director of Community Services.
Andrew G. Pasmant, City Manager
and City Council
Page 2 — February 7, 2006
COMMISSION DISCUSSION AND RECOMMENDATION:
On December 8, 2005, the Senior Citizen Commission by a 3-1 vote (1 absent),
recommended the approval of the Rules (refer to Attachment #3) to work in conjunction
with the attached Ordinance.
ALTERNATIVES:
1. Introduce the attached Ordinance and Resolution.
2. Modify the attached Ordinance and Resolution to allow Bridge to be played for
money city-wide.
FISCAL IMPACT•
None.
Prepared by: Scott milowitz
Community Services Manager
Reviewed by: Via telephone
City Attorney
Attachments:
Reviewed by: Steven L. Samaniego
Interim Community Services Director
1. Draft Ordinance Amending Section 15-9 (Gambling) of ,the West Covina
Municipal Code to allow the Playing of Bridge at the West Covina Senior
Center or other City facility engaged in the conduct of senior activities; and
2. Draft Resolution Approving the "West Covina Senior Center Bridge Program
Game Rules."
3. December 8, 2005, Senior Commission Minutes
2
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTION 11
15-9 (GAMBLING) OF THE WEST COVINA MUNICIPAL +
CODE TO ALLOW THE PLAYING OF BRIDGE AT THE
WEST COVINA SENIOR CENTER OR ,OTHER CITY pi
FACILITY ENGAGED IN THE CONDUCT OF SENIOR
ACTIVITIES
WHEREAS, Section 15-9 of the West Covina Municipal Code relating to
"Gambling" prohibits any game not mentioned in California Penal Code §§ 330 or 330a
to be played, conducted, dealt with, or carried on with cards, dice, balls, or any other
devices for money, checks, chips, credit or other representative of value or for any
merchandise or any other thing of value, in the City of West Covina;
WHEREAS, the game of bridge (`Bridge") is a game played, conducted; dealt
and carried on with cards, and is not among the games mentioned in Californial Penal
Code §§ 330 or 330a;
WHEREAS, because Bridge is not one of the games mentioned in California
Penal Code §§ 330 or 330a, it is currently a violation of West Covina Municipal Code §
15-9 to play, conduct, deal, and carry on Bridge for money or other representative of
value in the City;
WHEREAS, patrons and visitors to the West Covina Senior Center (" IiSenior
Center") seek to gather and play, conduct, deal, and carry on the game of Bridgell at the
Senior Center for money or other representatives of value;
WHEREAS, patrons of the Senior Center and other members of the senior
community have expressed an interest in pursuing the social and recreational benefits
offered by playing Bridge, and desire that the game of Bridge be allowed to be played at
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the Senior Center or other City facility engaged in the conduct of senior activities; ,
WHEREAS, after review of the matter, the City Council finds and determines
that an amendment to Section 15-9 to allow for a limited exception to the general
prohibition of the playing, conduct dealing and carrying -on of Bridge for money or other
representative of value in the City in order to permit such activity at the Senior Center or
other City facility engaged in the conduct of senior activities is in the interest 'of the
health, safety and welfare of the public; and
WHEREAS, in order to promote fairness and protect the public's interest, the
City Council shall approve rules and regulations regarding the manner in which Bridge
shall be played at the Senior Center or other City facility. These rules and regulations
shall be known as the "West Covina Senior Center Bridge Program Game Rules," and
shall be approved by the City Council by way of a resolution to be passed concurrently
with this Ordinance.
NOW, THEREFORE, the City Council of the City of West Covina does hereby
ordain as follows:
SECTION 1. Section 15-9 of the West Covina Municipal Code is hereby
amended to add subsection (d) to read as follows:
(d) The provisions of sections (a), (b) and (c), above, shall not apply to the
card game of bridge ("Bridge"), if such game of Bridge is conducted,
played or carried on at the West Covina Senior Center or other City
facility engaged in the conduct of senior activities, and such game of
Bridge is conducted, played, dealt and carried on in accordance with the
"West Covina Senior Center Bridge Program Game Rules."
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s
SECTION 2: Severability. If any provision of this ordinance is held to be
invalid, void, or unconstitutional, it is the intent of the City Council that such invalidated
portion be severable from the remainder and that the remainder be given full force and
effect.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
ordinance, causing it to be posted as required by law, and it shall be effective (30) days
after its adoption.
PASSED, APPROVED and ADOPTED this day of 12006.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
Shelley Sanderson, Mayor
2
z
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Sue Rush, Assistant City Clerk of the City of West Covina, do hereby certify
that the foregoing Ordinance No. was regularly introduced and placed upon its
first reading at a regular meeting of the City Council on the day of ,� 2006.
That, thereafter said Ordinance was duly adopted and passed at a regular meeting lof the
City Council on the day of 52006.
AYES:
j,
NOES: P.
ABSENT:
Sue Rush, Asst. City Clerk
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•
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA APPROVING THE "WEST
COVINA SENIOR CENTER BRIDGE PROGRAM
GAME RULES"
WHEREAS, Ordinance No. amends Section 15-9 of the West Covina
Municipal Code to allow for a limited exception to the general prohibition of the playing,
conduct, dealing and carry -on of the game of bridge ("Bridge") for money or other
representative of value in the City, in order to permit Bridge to be played, conducted and
carried on for money at the West Covina Senior Center ("Senior Center") or other City
facility engaged in the conduct of senior activities;
WHEREAS, the West Covina Senior Commission has proposed certain rules and
regulations relating to the play of Bridge at the Senior Center or other City facility
engaged in the conduct of senior activities. These rules and regulations are entitled and
shall be known as the "West Covina Senior Center Bridge Program Game Rules"; and
WHEREAS, the City Council has reviewed the proposed "West Covina Senior
Center Bridge Program Game Rules" and finds that in order to promote fairness, to
protect the public's interests as well as to provide- notice to the public, that such Rules
shall serve as the applicable rules for the game of Bridge to be played at the Senior
Center or other City facility engaged in the conduct of senior activities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST
COVINA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves the following "West Covina
Senior Center Bridge Program Game Rules" ("Rules" herein) which shall serve as the
applicable rules for how the card game of bridge shall be played at the West Covina
Senior Center or other City facility engaged in the conduct of senior activities:
1. The maximum buy -in amount by any player is one dollar ($1.00) per
bridge session; no player may contribute more than this amount. Each
player contributes a maximum of $1.00 at the beginning of the bridge
session, said contribution to be established prior to the start of the session.
For purposes of these rules, "session" shall mean the period of time during
which bridge is played. (i.e., 1:00 p.m.- 4:00 p.m.)
2. Prizes are awarded from the contributions made by players at the
beginning of play.
3. The total value in prizes (cash, in -kind or a combination of both) that may
be awarded to an individual player during any one session shall not exceed
$ 8.00.
4. The establishment of these Rules shall not prohibit the play of bridge at
the West Covina Senior Center or other City facilities engaged in the
conduct of senior activities by groups who seek to conduct bridge sessions
separate and apart from the main bridge session as long as: .
(a) Such sessions do not require a buy -in amount greater than $1.00;
(b) The total value in prizes (cash, in -kind or a combination of both) that
may be awarded to an individual player during any one session shall
not exceed $ 8.00;
(c) The rules of play are those set forth in items 1-3 above.
1
f,
5. Monies collected from contributions for the play of bridge that are not
spent on prizes shall be allocated to a "trust fund" the purpose of which is
to purchase new bridge cards, "get well" or sympathy cards, refreshments,
Xerox copies, supplies and other/expenses and items related to the
conduct of bridge.
6. The West Covina Senior Center Bridge Program Game Rules ("Game
Rules"), as set forth herein, shall be posted at the Senior Center and other
City facilities engaged in the conduct of senior activities and made
available to the public upon request.
SECTION 2. The City Council hereby authorizes the West Covina Senior
Citizen Commission to review and make recommendations regarding any future
amendment to the aforementioned West Covina Senior Center Bridge Program Games
Rules. In order to be effective, any proposed amendment to the aforementioned. West
Covina Senior Center Bridge Program Games Rules shall first be reviewed and approved
by the City's Director of Community Services at his or her sole discretion.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
Resolution, which shall take effect upon the effective date of Ordinance No. ,
said ordinance being referenced in the first paragraph above.
PASSED, APPROVED and ADOPTED on the day of ,
2006.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
Shelley Sanderson, Mayor
2
P
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, the undersigned, hereby certify that the foregoing Resolution No.
was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the day of ,
2006 with the following roll call vote:
AYES:.
NOES:
ABSENT:
Sue Rush, City Clerk
3
• • Agenda Item IV
MINUTES OF THE
REGULAR MEETING OF THE
SENIOR CITIZENS COMMISSION
December 8, 2005
3:00 P.M.
West Covina Senior Center
TV Room
Main Hall
I. CALL TO ORDER The regular meeting of the Senior Citizens Commission was called to
order by Commission Chair Newlin at 3:00 p.m.
II. Pledge of Allegiance led by Commissioner Solis. Moment of Silent Reflection called for
by Commissioner Solis.
III. ROLL CALL
Commissioners Present: Newlin, Solis, Hughes, Casanova
Commissioners Absent: Gliaudys
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Staff Present: Samaniego, Lopez, Carter, Landesman, Smilowitz, Frey
IV. APPROVAL OF MINUTES
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A. Minutes of the Senior Citizens Commission meeting of November 10 2005
Motion by Casanova to approve the minutes of the regular Senior Citizens Commission
of November 10, 2005. Second by Hughes. Motion carried 4-0. Hughes, Newlin,
Casanova, Solis. Gliaudys was absent
V. ORAL COMMUNICATION ON NON -AGENDA ITEMS
None.
VI. OLD BUSINESS
A. East Valley Health Center (Speaker Alicia Thomas) — The speaker was unable to attend
so the presentation was canceled.
B. Senior Donation Fund Accounts — Volunteer Recognition Tree Coffee Attached Staff
Report) — Vanessa Carter — Carter reported to date $3,197 has been donated for the
memorial tree. We are looking at redoing the wall where the tree will be placed. We are
trying to collect more funds to reach the $4,000 mark to cover additional expenses that
we will incur. The cost for coffee per month is $429.55. We are continuing to receive
donations all the time, which are specifically earmarked for the coffee fund.
C. Senior Citizens Bride Program Rules — Scott Smilowitz — Smilowitz reported that Mr.
Larson was helpful in putting the rules together for us. We are looking for the
Commission to review and approve the rules or give feedback as to changes that should
be made. Samaniego reported that we don't have anyone on staff that understood or new
the game of bridge. Because of that we are having trouble trying to figure out how to
develop rules of a game that we don't understand. - So what we did is call the experts.
We called the bridge club to let them know our problem. The objective is to;i put rules
down so that we can go to Council and adopt an ordinance that allows the exchange of
money that we call gambling and that they say is not gambling. What we want to do is
keep things status quo and let them play the game without any changes, so they sent us
these rules that you have. The City Attorney is drafting an ordinance that we will bring
back to the commission as well to look at once it is adopted. We will be sharing it with
the City Manager probably sometime next week.
Senior Citizens Commission
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The only component missing is the ordinance that allows them to gamble. The City
Attorney says that this is still a form of gambling, which is the disagreement between the
City and the bridge club. The next step is to go to the Council. If the Council approves
this then we will amend the ordinance to allow this form of playing. We are asking for
the Commissions review and approval of these rules and that process.
Motion: Commissioner Hughes motioned to approve the rules (Senior Center Bridge
Program Game Rules and amend City Municipal code 15-9 to authorize the game) as
submitted. Seconded by Solis. Motion carried 3-1. Hughes, Newlin, Solis voted in
favor of the motion. Casanova opposes the motion. Gliaudys was absent.
D. West Covina Senior Center Facility Rules - Samaniego reported the rules now
include an appeals process. Smilowitz reported the first .appeal would go to Carter and if
a resolution could not be made then the appeal would go before the commission. Solis
asked if rule 13 would be a problem ("Shall not reserve seats during the senior meals
,program"). Carter reported it is an ongoing issue. Samaniego reported it is an ongoing
issue but it is being managed by the management at the senior center and if it becomes a
problem that cannot be resolved there is now an appeals process in place to resolve the
situation if it gets out of hand. Motion: Commissioner Casanova motioned that the
rules be posted for 30 calendar days and that we go though the usual channels of
disbursement for public information and make a verbal presentation during a lunch hour
by staff- Commissioner Casanova amended his motion to agendize the rules for the next
commission meeting for discussion in order to give people an opportunity to comment on
the rules. Samaniego recommended that staff communicate these rules in whatever form
we can: verbally at the lunch program, the voice and announce it is going to be before the
commission for input and comments. Commissioner Hughes suggested we make an
effort to show people we want them to be happy here when we enforce the rules.
Commissioner Casanova motioned to have a public comment period of 30 days and have
the proposed rules discussed at the next Senior Citizen Commission meeting. Seconded
by Hughes. Approved 4-0. Gliaudys was absent from the vote.
E. Medicare Update — Vanessa Carter — Carter reported there have been two workshops,
both of which were successful We have been receiving a lot of calls regarding Medicare
and we expect the volume of calls to increase. The flu clinic, which was held at the same
time as one of the workshops, was also very successful. Casanova thanked Landesman
and staff for doing a really great job of informing people of the changes in Medicare.
F. Accepting Volunteer of the Year Applications — Casanova would like to know the
deadline for the applications. Samaniego reported the deadline is in January. Hughes
reported he was the only one to have nominated someone. Newlin suggested we should
have more than one application to review. Casanova said we have gone out of our way
to make the public aware of the nomination process. Our only. other option is for
commissioners to individually nominate candidates.
VII. NEW BUSINESS
A. Senior Volunteer Recognition Tree — Samaniego reported the reason the Volunteer
Recognition Tree was listed on the agenda twice is there are two separate things to
discuss. This one is to talk about the tree and where we are on it, which Vanessa already
gave a report on. The first one was to let the commission know there are contribution
funds like the Coffee fund and the Tree Fund. I am asking staff that when we get
contributions we ask those contributing, to donate the money to a specific fund.
Samaniego would like there to be a policy of what to do with a general donation that is
not specifically earmarked for a certain fund. For example if a general donation is
received there is a policy that says 25% goes into one fund, 25% into another fund and so
on.
Hughes asked for the cost of the tree. Carter answered $3000 not including tax, shipping
and placement of the tree. We need to raise $4000 to cover all the costs. Hughes asked if
we need to raise $4000 before we can move ahead. Carter answered that yes she would
Senior Citizens Commission 2
like to wait until the total amount is raised before we move on. Hughes said he would
like to see the tree purchased around the first of the year so a ceremony could be held.
Carter reported she would also like to have a ceremony around the first of theyear and so
far we have received a lot of donations in a short amount of time. Casanova said that due
to the holidays the amount of money being donated might slow down. Samaniego said
we will do more promoting and marketing of the funds we currently have. We,, will do
more marketing for the Volunteer Recognition Tree Fund.
B. Upcoming Events and Programs — Today we had our Christmas Tree decorating
ceremony. Others activities include a party here at the senior center with live
entertainment. On the 21 n of December we will behaving our holiday luncheon with
entertainment and on the 22"d we will be having our holiday dance. Newlin asked how
well the boutique did. Carter reported that we did well. She said we raised
approximately $500 from the boutique and $1138 was raised from the art show. In
February we are planning another fundraising event with HMO vendors, which looks like
it will be very successful. We are trying to be very proactive with our fundraising efforts.
Our fundraising pays for the entertainment at the senior center.
C. Special Joint Senior Citizen and Community Services Commission Meetin- December
13, 2005 — Samamego said this meeting would be to discuss the Community
Development Block Grant. Hughes was unable to attend the last CDBG meeting so he
asked for an update. Casanova reported the meeting went well. He said an overview was
given of where we might spend money based on -previous years planning. He wanted to
know if and felt that some of the CDBG money should be spent towards helping poor
families prepare for disasters and come up with ways to sustain themselves in the event
of an emergency such as Katrina. Casanova is working with the City of Los Angles on a
very extensive program They are sending out a million DVD's to its citizens on how to
prepare for a disaster. It includes a checklist, items'they should have, when they should
leave their homes and when they should stay. He asked Kelly McDonald if he could find
out if the HUD rules would allow us to spend money on such purposes. If it is ok. with
the HUD then he would like to ask the commission to consider this.
a
Hughes reported that millions and millions of dollars have been donated to Katrina relief
and he would like to see more of what his church did. His church adopted a family that
was relocated because of the disaster. They paid for their living expenses for a year.
They paid for their room and board, food and clothing. He would like to see more of this
then people just simply donating money. The problem with just donating money! is you
don't know if the money gets to the people who need it.
Casanova reported he does not want to give CDGB money to disaster relief for Katrina,
but he would like to have money devoted to helping people plan and prepare for lusuch
emergencies. Money should be used to help people survive such emergencies.
Newlin reported she is concerned that Katrina survivors are unable to return home
because of a lack of housing and jobs. She is not sure the money that is donated';'in going
to help people move back home.
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Samaniego reported that from that meeting the commissioners would be receiving
another agenda with some more information with choices for you to make regarding
CDBG funding.
D. Brown Act Training — January 12 2006 — Samaniego reported it is on the agenda to
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remind you of the date.
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E. Area on Ailing Senior Center Meals Program Annual Audit — Vanessa Carter — Carter
reported the Area Agency on Aging did a surprise audit of the records for the senior
center and found no deficiencies. All her records were in order and all her numbers
matched. Bruce and 011a received the Golden Apple award that was given to them
during the Lunch Program On December 20`' there will be a meeting with the Area
Agency on Aging to discuss disaster planning. Also Landesman picked up some
information on home safety.
Senior Citizens Commission 3
VII. STAFF INFORMATIONAL REPORTS
Senior Citizens Advisory and Support Board Minutes — Vanessa Carter — No report
given.
IX. COMMISSIONER REPORTS/COMMENTS
A. Individual Reports/Comments on Activities:
Hu es: Last Sunday was the MDA Christmas parry. There was a couple hundred in
attendance. We had a turkey dinner and Domino's donated 25 pizzas. There was live
entertainment. Suburban Water donated forty $50 gift certificates. He reported that if
any of the commissioners are going to be replaced it was a pleasure working with them.
He also reported that at the MDA party a group called "Tickled Pink" preformed and they
were really good. He would like to see them perform at the Senior Center.
Solis: She reported she was at the swearing in of the council members. She missed the
Winterfest, but will be at the Tree Lighting.
Newlin: She reported she worked at the boutique and the health�fair and she thought it
went very well
Casanova: He thanked staff for the great job they did at Winterfest. He reported he
would like to know if hand sanitizer could be place on the tables at the senior center to
prevent the spreading of germs. He would like to. see a disaster update for the Senior
Center. He would like to know that if people were trapped in the Senior Center; how
long could we sustain them At the Tree Lighting and on the trip to see the Rose Float he
will have cameras there and allow people to tape holiday messages to be sent to our
troops overseas. This video will be placed online for the soldiers to access. He asked
that if new commissioners are chosen do we have to reorganize. Samaniego said, yes if a
new commission chair is chosen we will have to reorganize.
Gliau M: He was absent from the meeting.
B. Discussion of Future Topics/Interests for Commission Focus:
None
X. Adjournment — Commissioner Casanova motioned to adjourn the meeting.
Commissioner Hughes seconded it. Approved 4-0. Gliaudys was absent. The meeting
was adjourned at 3:44 p.m.
The next regular meeting is scheduled for Thursday January 12, 2005 at 3:00 p.m. in
the TV room, main hall, West Covina Senior Citizens Center, 2501 East Cortez Street,
West Covina California 91791
Senior Citizens Commission 4