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Minutes 93-05-17 ~ . :~1 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 17, 1993 The Adjourned Regular Meeting of the Cypress City Council was called to order at 6:15 p.m., Monday, May 17, 1993, in the Council Chamber, 5275 Orange Avenue, Cypress, Mayor Gail Kerry presiding. PRESENT: Councilmembers Age, Bowman, Nicholson, Partin and Kerry ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney John Cavanaugh and staff members Bacock, Barrett, DeCarlo, Donovan, Eynon, Storey and Wicker. CLOSED SESSION: Mayor Kerry immediately recessed the meeting into Closed Session to address a matter of litigation. The meeting reconvened at 6:55 p.m. with all Councilmembers present. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman. The City Attorney summarized discussions held during the Closed Session involving facts which posed potentially significant exposure to the City in litigation. CRAL COMMUNICATIONS: Mr. David Shawver, 10401 Oakhaven Dr., Stanton, shared information with the City Council on a research paper done involving card clubs and crime in the communities. CONTINUATION OF CONSIDERATION OF PERMIT FOR CYPRESS HIGH SCHOOL CARNIVAL: The City Manager referred to the staff report dated May 13, 1993, which advised that this item had been continued to allow the proponents of the carnival to solicit support from the surrounding neighborhood. The proponents were to return this evening to advise the Council if they had indeed received that support. Mr. Joel Vest, 171 Fairhaven Lane, Costa Mesa, reported that 120 petitions were distributed in the surrounding neighborhood and of the 53 that were returned, 49 were in favor of allowing the carnival in the school parking lot. He explained how the noise would be mitigated, security measures and the hours of operation. It was moved by Councilmember Nicholson and seconded by Councilmember Bowman to approve the permit, with conditions, for the Cypress High School Carnival with a caution that if the carnival goes badly, next year's request to be held on that site will be denied. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF THE CLOSURE OF THE USMCAS EL TORO: The City Manager reviewed the staff report dated May 13, 1993, which indicated that this item was continued for discussion of a workshop time and date. He suggested that this item be deferred to the end of tonight's meeting. 1 ~ r /7~~ v~-- .1 CITY COUNCIL MINUTES. May 17, 1993 It was moved by Councilmember Partin and seconded by Councilmember Age to continue this item to the end of the meeting to discuss the workshop dates. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 17-5 THROUGH 17-7 OF THE CODE OF THE CITY OF CYPRESS AND ADDING CHAPTER 15F OF THE CODE OF THE CITY OF CYPRESS PERMITTING AND REGULATING CARD CLUBS AND DISCUSSION OF APPOINTMENT OF NEGOTIATING COMMITTEE: The City Attorney presented the revised, redlined ordinance which included those issues raised by the Council at the meeting of May 10, 1993. During the May 10, 1993 meeting, the Council comprehensively addressed various provisions within the ordinance in which certain modifications were requested and this redlined ordinance was the modified version with changes. It was the consensus of the Council that, for the benefit of the audience, the City Attorney would review the draft ordinance item by item where changes had been made. There followed a question and answer period between the Councilmembers and staff on the ordinance and operation of a card club. The City Attorney clarified that, assuming the ballot measure passes, whatever the language might say in the ballot measure does not guarantee nor authorize the establishment of a card club within the city. The state law says that if a City would allow card clubs, a successful election did not guarantee that a card club would be established in the City, because of the ordinance and the requirement of a conditional use permit, which would come to the Council for approval. Mr. Chris Bardis, the applicant and one of the owners of the Los Alamitos Race Course, read the card club ordinance from the City of Inglewood. He advised that they had no objection to their security program being approved by the Cypress Chief of Police. He commented on various aspects of the proposed City of Cypress ordinance on card clubs, i.e., termination of the card club, work permits, the fee structure, the exclusion of other race tracks in the 50 mile radius and some technical corrections. He felt that the fees charged for this card club should be no more than those charged for other card clubs. Mayor Kerry asked if anyone in the audience wished to speak on .the proposed ordinance. Mr. Tom Carroll, 5832 Wellson Dr., Cypress, asked several questions on the content of the ordinance and he mentioned those items that were campaign promises that couldn't be put into an ordinance. He brought up several items and wondered why they were put in the ordinance. Ms. Joan Edwards, 4532 Victoria Ct., Cypress, asked questions on security guards, licensing, criminal activity and the waiting period to become a card club employee after leaving the city's employ. Ms. Mary Ann Jones, 6872 Jonathan Ave., Cypress, asked for definitions and explanations on several items, including "family member", a requirement that a portion of the cost of the audit be paid for by the card club, security and license transfer. 2 `Y..' n ~ 4S CITY COUNCIL MINUTES May 17, 1993 Mr. Joe Mansolino, 9305 Vista Bonita, Cypress, made comments on certain portions of the proposed ordinance. Ms. Heather Wynder, 9305 Cambridge St., Cypress, asked about former employees of the City of Cypress working for the card club after a two year period and asked if it could work the other way around if an individual worked for the race course and wanted to run for office. Ms. Carol Cramp, 4345 Avenida Carmel, Cypress, stated that her first concern was enforcement of the ordinance, how much the enforcement would cost the City and the definition of a hearing officer. Mr. David Shawver, 10401 Oakhaven Dr., Stanton, reported on an article published in the Orange County Register about crime and its relationship to card clubs and presented his information. RECESS: Mayor Kerry recessed the meeting at 8:50 p.m. and reconvened at 9;13 p.m. with all Councilmembers present. The City Attorney addressed some of the comments made by the applicant in regard to the draft ordinance, with additional input from the Police Chief and the Finance Director on choice of revenue, licensing, work permits, audits and requests from some Councilmembers for information to be presented at the next Council meeting. He then addressed the questions and concerns posed by some of the members of the audience and provided explanations. The City Manager brought up the issue of the mandate of campaign promises and the use of the proposed facility for community use. The City Attorney advised that there is no limitation on who would use the entertainment center. The Planning Director explained the requirements of a live entertainment permit. Regarding the campaign promises, the City Attorney suggested that the City enter into a development agreement with the applicant, which would not be operative until after the election. Mr. Bardis, one of the applicants, stated that they intended to keep the promises and conditions that they have put forth in their campaign and it would be in the best interests of the community if they were formalized. The City Attorney remarked that if it was the intent of the Council to have an executed Memorandum of Understanding prior to June 8, he recommended that staff be directed to pursue that immediately. It was moved by Councilmember Partin and seconded by Councilmember Nicholson to direct staff to meet with the applicant to formulate and execute a Memorandum of Understanding (MOU) pursuant to a development agreement. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None At 11:30 p.m., it was moved by Councilmember Age and seconded by Councilmember Partin to continue the meeting past 11:30 p.m., but no later than 12:00 a.m. and hearing no objection, Mayor Kerry so ordered. 3 d CITY COUNCIL MINUTES May 17, 1993 Mr. Bardis suggested that a round table discussion be held with the applicant, staff and perhaps some members of the Council to formulate the MOU. Councilmember Age felt the Council should not be a part of the discussion, just the City Attorney and staff. The City Attorney recommended that he, members of staff and the applicants meet to formulate an MOU and bring that document back to Council at the meeting of May 24, 1993. Responding to Councilmember Age, Mr. Bardis advised that there was little conflict with the ordinance, other than that with the amount of the charges, which he believed were excessive. The City Manager suggested that the campaign promise commitments be reviewed along with the application and fees under the ordinance. After some discussion on the timing of the ordinance readings and possible development agreement, it was moved by Councilmember Partin and seconded by Councilmember Nicholson to approve the first reading of the Ordinance by title only, title as follows, amending Sections 17-5 through 17-7 of the Code of the City of Cypress and adding Chapter 15F of the Code of the City of Cypress permitting and regulating card clubs and discussion of appointment of negotiating committee, with the changes to be made by the City Attorney as directed by Council. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 17-5 THROUGH 17-7 OF THE CODE OF THE CITY OF CYPRESS AND ADDING CHAPTER 15F TO THE CODE OF THE CITY OF CYPRESS PERMITTING AND REGULATING CARD CLUBS. Councilmember Age would not support the motion because she wished to know what would be included in a Development Agreement and it would not be known based on the ordinance. Councilmember Bowman asked for clarification on language referring to the exemption of other race tracks, which was provided by Mr. Bardis and the City Attorney. After further discussion, Councilmember Bowman stated he would rather approve the first reading of the ordinance tonight, with the fees . Mr. Tom Carroll stated that the citizens should have an .opportunity to read the ordinance before they vote on June 8, 1993. Councilmember Nicholson called for the question. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Nicholson, Partin and Kerry NOES: 1 COUNCILMEMBERS: Age ABSENT: 0 COUNCILMEMBERS: None At Council's direction staff will meet with the applicant on an MOU and return with that document to Council on May 24. It was moved by Councilmember Partin and seconded by Councilmember Age to continue CONTINUATION OF CONSIDERATION OF THE CLOSURE OF THE USMCAS, EL TORO, CONTINUATION OF CONSIDERATION OF DISCUSSION OF GENERAL FUND RESERVE AND CAPITAL FUND 'EXPENDITURES and CONTINUATION OF CONSIDERATION OF STATUS OF THE LOS ALAMITOS AIR STATTON ATCUZ STUDY to the City Council meeting 4 f~,..- CITY COUNCIL MINUTES May 17, 1993 of May 24, 1993. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Bowman, Nicholson, Partin and Kerry NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ORAL COMMUNICATIONS: The City Manager advised that on Item 5, the AICUZ Study, he has scheduled a meeting with the Los Alamitos Air Station for May 25 at 3:00 p.m. Mayor Kerry and Mayor Pro Tem Age mentioned that they would attend that meeting. ADJOURNMENT: Mayor Kerry adjourned the meeting at 12:01 a.m. MAYOR OF THE CI CYPRESS ATTEST: CI L K HE CITY OF CYPRESS 5