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Minutes 1997/06/02 Invocation Posting Agenda 6987 Regular Meeting June 2, 1997 Gilroy, California Mayor Pro tempore Springer announced that Council had just adjourned from a Closed Session re: Threat to Public Services, Consultation with Chief of Police, pursuant to Gov't. Code Section 54957, and that no action had been taken. Mayor Protempore Springer led the Pledge of Allegiance to the Flag. Pastor Lee Neish, United Methodist Church, gave the Invocation. The Interim City Clerk noted that the Agenda had been posted on May 29, 1997, at 11 :07 a.m. 6988 Roll Call Bill Lindsteadt Consent Calendar Minutes Minutes Surplus Equipment Minutes Bid-Police Vehicles Internet/ Pornography Access- Library Present: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Pete Valdez, Jr., and Thomas W. Springer - 7:02 p.m. Noted a Presentation by Bill Lindsteadt, Executive Director, Economic Development Corporation, regarding the frrst year successes of the EDC. Each Councilmember offered their congratulations on his successes this year. Motion was made by Councilman Morales, seconded by Councilman Valdez and carried that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Pete Valdez, Jr., and Thomas W. Springer: Minutes of the Regular Council Meeting of Apri121, 1997; Minutes of the Regular Council Meeting of Apri128, 1997; Declared Equipment as Surplus to be Sold at Auction or Disposed of in the Most Equitable Manner. Minutes of the Regular Council Meeting of May 27, 1997. City Administrator Baksa presented a recommendation to award the bid of Bob Lynch Ford in the amount of$146,009.00 for six Crown Victoria Ford Sedans and the bid of Marx Chevrolet in the amount of$173,378.46 for six Chevrolet Tahoe Police Vehicles. Motion was made by Councilwoman Rowlison, seconded by Councilman Morales and the motion carried that the bid by Bob Lynch Ford in the amount of $146,009.00 be awarded for six Crown Victoria Ford Sedans and the bid of Marx Chevrolet in the amount of$173,378.46 be awarded for six Chevrolet Tahoe Police Vehicles. Mayor Protempore Springer noted that the Council will entertain a discussion of the Internet and Pornography Access at the Library. He explained that the Council may formulate a position and forward a recommendation to the Joint Powers Authority (JP A). Councilwoman Rogers, Gilroy representative to the Library JPA, reviewed the concerns of the JP A with regard to the availability of pornography, chatroorns, and other aspects of the Internet which may not be healthy for our children. Bob Brentnall, South Valley Internet, gave a brief description of the Internet and the World Wide Web. Councilman Valdez questioned whether we can control access to the web, and was told that can be done only by isolating areas such as continents. Susan Fuller, Santa Clara County Librarian, stated that the libraries are governed by a JP A with a councilmember from each of the nine member cities sitting on it. She stated that the library has a broad, diverse collection, and that it is the patrons' responsibility is to use it wisely, and children to do so with their parent's assistance. She noted the request to put ftlters on the computers at the library, stating that the library is not a gatekeeper, and the policy is to allow users to make independent decisions. Councilman Gilroy questioned whether certain obscene materials may be available at the library, and was told that the library carries a wide variety of materials on many subjects. Councilmember Valdez questioned why pornographic videos are not available, and was told that there is not a great interest in this type of video, and that they make selections on the basis of cost and other criteria. 698B Councilmember Morales stated that he had checked out the Internet Yellow Pages and found that a lot of the information is not educational in his opinion. Mayor Protempore Springer questioned the children's area of the library, and Ms. Fuller explained that the goal is to provide a wide range of subjects. Lani Yoshimura explained the use of the Internet at the library and the assistance that the Staff provides, including bookmark setup. Councilwoman Rowlison asked if a single terminal could be blocked and was told that they could not since they are all linked together throughout the County. Councilman Valdez questioned who changes the policy, and was told that the JP A changes the policy. Ann Ravel, Counsel to the Library, stated that it is a public forum and the First Amendment protects access to the materials. She noted that it is unconstitutional to stop providing materials or have censorship once it has been provided. Mike questioned whether the library is exempt from Penal Code #313.1, and Mrs. Ravel stated that she believes it is and noted that the District Attorney has found that to be the case in this County as well. City Attorney Callon stated that she is not as confident as the County Counsel is that that is the result at this time. She noted that with the new media, with the electronic age, that this is an unsettled area of the law. She stated that County Counsel is on point that the library is afforded great dignity in the system as being a purveyor of education and information. She stated that she is not sure how the courts will come down on this issue. Mayor Protempore Springer called for a recess at 8:40 p.rn. and reconvened the meeting at 8:50 p.m. Heard from the following citizens: Sandi Zappa, Gilroy, explained the law fIrms that she has been working with, and the exemptions that are available for libraries. She noted that the Gilroy Municipal Code Section 14.3 explains that obscene materials shall not be displayed to minors. She also cited other State and County codes with similar wording. She noted that she has 1,200 signatures of Gilroy citizens and 200 signatures from citizens outside the area opposed to library access to Internet pornography. Cynthia Walker, 7233 Hanna Street, Gilroy, reviewed options available to limit library access to the Internet sites. Bill Rink, 8990 Rancho Hills Drive, stated that he writes Internet programs and works with the Internet. He explained fIltering systems that are placed on gateways throughout systems. He noted AB 295, a bill regarding fIltering systems. He stated that Kern County is currently using a fIltering system. Matthew Drummond, Gilroy, stated that he is opposed to Internet access at the Library for porno graphy. He noted that the JP A deceived everyone by fIrst placing a text based Internet access in the Library, and then upgraded it to include graphics without telling anyone. He stated that the Internet could have been fIltered at the beginning of the program. He stated that the Library should be cited under City Code Section 39.8. He stated that the JPA is meeting on Thursday afternoon with an agenda item regarding litigation, but that Susan Fuller nor the County Counsel would discuss this item with him. Leo Moser, Gilroy, opposed to blocking Internet access at the Library for pornography. Tony Sudol, Gilroy, opposed to Internet access at the Library for pornography. 6 9 (~ ') '" ~j" Robert Estorga, Gilroy, opposed to Internet access at the Library for pornography. Miriam Williams, Gilroy, opposed to Internet access at the Library for Pornography Margaret Garsez, Howard Avenue in Gilroy, opposed to Internet access at the Library for pornography Annette Vargas, read a letter from Shawn Howes, Gilroy, opposed to blocking Internet access at the Library for pornography. Lisa Silacci, Gilroy teacher, opposed to Internet access at the Library for pornography Karen Aplund, Gilroy, opposed to blocking Internet access at the Library for pornography. Connie Malone, unincorporated area of Gilroy, opposed to Internet access at the Library for pornography. Bernadette Arellano, Gilroy, opposed to blocking Internet access at the Library for pornography. Bill O'Connor, Gilroy, opposed to blocking Internet access at the Library for pornography. Cort Jensen, Bishop, Church of Jesus Christ of Latter Day Saints (Mormon Church), opposed to Internet access at the Library for pornography. Karen Wright, Gilroy, opposed to Internet access at the Library for pornography. Jose Avela, Gilroy, opposed to Internet access at the Library for pornography. Rachelle Arellano,7100 Potomac Place, opposed to blocking Internet access at the Library for pornography. Shawn Shunaman stated the Library should just block the children's section. Tosh Phillips asked that the congregation remember the separation of church and state, and noted she is opposed to blocking Internet access at the Library for pornography. Maisha Rodrigues, Gilroy, opposed to Internet access at the Library for pornography. Silvia Rodrigues, Gilroy, opposed to Internet access at the Library for pornography. Pamela Jones, Gilroy, stated that she is against pornography, but opposed to blocking Internet access at the Library for pornography. Cynthia Walker explained the issue of the harmful matter and obscene matter situations and noted that parents are exempted, meaning that parents are allowed to give pornography to their children. Patty Rink, Gilroy, opposed to Internet access at the Library for pornography. Craig Gartman, Gilroy, stated that filters can be broken very easily. He stated that he is opposed to blocking Internet access at the Library for pornography. Lael McCormack, Gilroy, opposed to Internet access at the Library for pornography. 6991 Mary Yates, Carmel Street, Gilroy, opposed to blocking Internet access at the Library for pornography. Carol Smith, Gilroy, opposed to Internet access at the Library for pornography. Bob Wise, Gilroy, opposed to Internet access at the Library for pornography. Guadalupe Arellano, 325 Old Gilroy Street, opposed to blocking Internet access at the Library for porno graphy. Sandi Zappa noted that regarding telephone messages, that in the Supreme Court in 1989 regarding dial-a-porn, obscene speech is not protected by the First Amendment and obscene speech is not allowed on dial-a-porn. Cecil Taylor, Gilroy, opposed to blocking Internet access at the Library for pornography. Eric Smith, Gilroy, stated this is not a censorship issue. He stated that no where else in the State of California is there any other public building where children can go and access illegal pornography legally, except in the public libraries of California. At 11: 17 p.m. the Mayor Protempore called a recess, after which he reconvened the meeting at 11 :25 p.m. Councilwoman Rowlison stated she prefers to shield our children from pornography, and our energy should go towards doing something about the source. She stated she would like the Council to direct staff to send a letter to the Joint Powers Authority or the Board of Supervisors to give a summary of the issues and the viewpoints of the Council. Councilman Gilroy stated that we legislate morality all the time, and it is not a censorship issue. He stated the library should obey the same laws as everyone else, and noted that the Council should take a strong position on this to direct staff to take legal remedies. Councilwoman Rogers thanked everyone for coming, staying late, and sharing their concerns. She stated she supports Councilwoman Rowlison's suggestion of sending a summary letter of testimony of participants and testimony of the City Council to the JPA. She stated she is against pornography, but education is really the only answer to difficult questions. She stated we need to shield the children, but noted it is the parents who should do that. She stated that children need to learn from their mistakes. She emphasized we need to go after the source, to prevent pornography from going on the Internet. Councilman Morales stated that in his position working for probation, he sees mentally and physically abused children. He stated physically and sexually abused children make up a large number of the children he sees. He stated the Internet is a great educational opportunity. He stated that we should address the issues and filter the pornography. Councilman Valdez stated everyone agrees that pornography for children is wrong. He stated he took this job to defend the First Amendment and the Constitution of the United States. He noted the Supreme Court interprets the Constitution when it is challenged. He stated that everyone tonight exercised their right to freedom of speech. He stated that when the Internet access was begun, this was the time for censorship, but we missed the boat and technology has now overpowered us. He stated the Library should not be a forum for access to pornography, but rather the Supreme Court needs to regulate pornography on the Internet. He stated this Council needs to take a unanimous stance against the accessibility to minors of pornography on the Internet. He stated that letters shouid. nt. s~nt to legislators, Congress, the President, and the Supreme Court, statitrg that Gilroy will not put up with pornography. He recommended we send the videotape to the JP A for them to review. 6982 Mayor Protempore Springer stated no government agency can or will control the Internet, because no government will accept controls from another country. He stated he believes that no information should be censored at the library. He commented that the terminals in the children's area of the library should have fIlters, but that no fIlters are perfect. He stated with the library terminals open to the public, unsolicited information will in the future be sent to those terminals. He noted we have an obligation to protect our children, but he is not against restrict- ing adults from access at the library. He stated he would like the JPA to recognize that libraries exist to serve the community and should work with the community to meet the needs of the community to put fIlters on the children's area computers. Motion was made by Councilwoman Rogers, seconded by Councilman Valdez, and the motion carried unanimously that the City of Gilroy opposes the access of pornography on the Internet by minors. Motion was made by Councilman Gilroy, seconded by Councilman Valdez, and the motion carried unanimously that the City of Gilroy requests of the JP A that all lawful means be employed to prevent access to pornography on the Internet by minors and that they report back to us their progress. Motion was made by Councilman Valdez, seconded by Councilman Morales and the motion carried unanimously to direct staff and our representative to the JP A to track these issues and to bring them back to us as the issues move through the courts and through the legislations to keep us informed. Motion was made by Councilman Valdez, seconded by Councilwoman Rogers, and the motion carried unanimously to give this information to all legislators, including the eight member City Councils, the County, State, Federal governments both Senate and House of Representatives, including the Governor and President. Comments were made by Councilman Gilroy that ifwithin 90 days the Library stays on its current course and takes no action on this issue, that this issue be reagendized to direct staff to research options available to us for recourse. Mayor Protempore Springer asked if there was anyone in the audience wishing to speak on any item not on the agenda. Eric Smith stated that he does not see the JP A taking any action on the above issue, and questioned whether there is anything else the City can explore or do? The following informational items were noted with no separate discussion on same: Letters in Support of AB 1031 - To Require Juvenile and Adult Gang Members to Register with the Police When They Are Released From Jail; Customer Service: Letter of Thanks from South County Housing for a Review of Fire Safety for ~nr ~hildren at the Redwoods Apartments; League of California Cities Legislative Bulletin #19-1997 dated May 23, 1997; Request for a Letter of Support from Assemblymember Peter Frusetta on behalf of Resources for Families and Communities (RFC) in Santa Clara County for RFC's Request for Proposal to be a "Wellness Village"; Information from the Cultural Plan Steering Committee Regarding the Cultural Plan Update; Letter from the Coalition for Responsible Social Services and Quality Neighborhoods Regarding Opposition to the City of San Jose's Proposed Group Home Ordinance and R-l Amortization Pilot Program; and SCRWA 2-25-97 SCRWA 3-25-97 Adjrnmt. 6993 Building Community in America's Inner Cities: Block by Block, A KQED Presentation. The minutes of the South County Regional Wastewater Authority Meeting of February 25, 1997 were noted. The minutes of the South County Regional Wastewater Authority Meeting of March 25, 1997 were noted. City Administrator Baksa reported on the recruitment for the City Clerk position, noting an assessment center to be held on June 17, in which the oral board will consist of three parts including a Professional portion made up of three City Clerks from three cities, an internal board made up of three Department Heads and a Citizen's group. He noted that on June 16 we can hold a closed session at the end of the meeting to decide how to deal with the personnel issue. Councilwoman Rogers stated that the Downtown clean up day went well. Councilman Valdez stated that CalTrain will be celebrating its Fifth Anniversary on June 30, 1997 and a special train will arrive in Gilroy between noon and 1 :00 p.m. Councilman Morales noted that the Gilroy Hispanic Chamber of Commerce will be sponsoring a free pancake breakfast and farmer's market on Saturday, June 14 at 7:00 a.m. with the proceeds going to the Gilroy Train Depot restoration. He noted that if anyone wants to reserve a booth they should call Barbara Martinez Smith at South Valley Disposal and Recycling at 842-3358 or John Kilcoyne at 847-7490. Mayor Protempore Springer noted the following meetings: Study session of the Gilroy City Council on Wednesday, June 11, 1997, 7 :00 p.m., Gilroy Senior Center, 7371 Hanna Street, Gilroy, California 95020 regarding Discussion of Economic Development Strategies. Special meeting of the Gilroy City Council on Monday, June 16, 1997, from 6:00 p.m. to 7:00 p.m. in the Gilroy City Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, California for an Appeal Hearing From the Decision of the City Administrator to not renew Bar Permit No. 101222 for Club Nemesis. Joint Study Session of the Gilroy City Council, Parks and Recreation Commission, and Golf Course Advisory Committee on Tuesday, June 17, 1997, 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, California 95020 regarding Discussion of the Golf Course Construction and Operations Options. Retirement Party for Susanne Steinmetz, Saturday, June 28, 1997,6:00 p.m., Gilroy Veteran's Building, 74 W. Sixth Street, Gilroy, California. Joint Study Session of the Gilroy City Council and Planning Commission on Monday, July 14, 1997 at 7:00 p.m. in the Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, California 95020 regarding the City's Affordable Housing Policy and Discussion ofthe "Infill" Exemption for the Residential Development Ordinance. At 12:47 a.m., June 3, 1997, Mayor Pro tempore Springer adjourned the m~~ting. Respectfully submitted, ~J,UL~ Rhonda Pellin, Interim City Clerk