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Minutes 1992/12/07 F,""',-''''''',..-,c._~.',._,,','',~._.,._, ~-----,- f'" .) $---. Invocation Posting Agenda Roll Call Intro.New Emps. Consent Calendar Minutes Budget st. Tree, Curb\ Gutter Pol. Minutes So.Co. Housing Equip. '-_:<:_''-'''''_,~,,''C''''_'_',:''_''_';'''.____ ","'"".-"':'._,,,,'._".-,'..,",,,,',,,," _,',c _ ____~.'~'________"_'O __ __ .c""'~"'_.__;"""";,...'''','',''',''','',',''''"-',,..s',=_''.''''',''','",<,~. -~- Regular Meeting December 7, 1992 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor Eric Smith, South Valley Church, gave the Invocation. The City Clerk noted that the Agenda had been posted on December 3, 1992 at 11:15 a.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr. and Donald F. Gage, 7:00 p.m. The Mayor introduced New Employees, Deana M. Noonan, Groundskeeper I - Landscape Roadway - Parks & Recreation Department, and Bridget Amaral, Account Clerk I ~ Finance Department. Motion was made by Councilman Kloecker seconded by Council- man Valdez that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes': Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Va:jez, Jr. and Donald F. Gage; Minutes of the Regular Council Meeting of November 16, 1992; Approved Budget Amenoments/Transfers as recommended; Approved a Street Tree and Sidewalk/Curb & Gutter Policy as presented; Minutes of the Regular Council Meeting of November 23, 1992; and Approved a Lease Agreement with South County Housing for equipment and appurtenances at Old City Hall. The Mayor announced that the scheduled Parks & Recreation Departmental Report would be postponed to the December 21, 1992 regular Council Meeting. City Administrator Baksa presented a recommendation to award the bid of Fremont Ford in the amount of $19,447.00 for a utility pickup truck with utility service body for the Parks & Recreation Department. Used Veh. Adult Enter- tainment Motion was made by Councilman Gilroy seconded by Councilman Hale and carried that the bid of Fremont Ford in the amount of $19,447.00 be awarded for a utility pickup truck with utility service body as recommended. City Administrator Baksa presented a recommendation to award the bid of Eagle Automotive in the amount of $8,011.50 for an equipment hoist for the Equipment Maintenance Division. Motion was made by Councilwoman Rowlison seconded by Councilman Hale and carried that the bid of Eagle Automotive in the amount of $8,011.50 be awarded for an equipment hoist as recommended. City Administrator Baksa presented a report of purchase of used vehicles for information. Motion was made by Councilman Gilroy seconded by Councilman Hale and carried that the report be approved. The City Attorney reported on City Ordinances/Codes re: adult entertainment enterprises. She noted that the City could not impose an ordinance or regulations that would entirely pro- hibit these establishments in the City, but could enact very strict regulations. She noted that an emergency ordinance could be adopted for preserving the public peace, health or safety if the Council wished to impose additional regulations for adult entertainment enterprises and recommended that proposed regula- tions be reviewed by the Police Department. The Mayor asked if there was anyone in the audience wishing to speak on the matter. The following addressed the Council in regard to adult entertainment establishments: George Pendergast, 7511 Santa Barbara Drive, supporting the City in its efforts to regulate adult entertainment businesses. Jim Wilson, 775 W. 8th Street, Pastor of st. Stephens' Church, noting his presence as a father, opposed to this type of business locating in Gilroy and, if illegal, making them accountable for any damages. Debra Roney, 910 Perrelli Street, mother concerned with children in Gilroy being expose~ to this type of business. She requested the City implement the strongest regulations allowed to impose, noting that the proposed business is located near a junior high school. She requested arrests for solicitation of sex in the area if an adult entertainment business locates in Gilroy. Hal Bellairs, 6995 Glenview Drive, noting that if an adult entertainment business locates in Gilroy the door will be open to detrimental happenings in the area and urged Council to do everything possible to limit their activities. Joseph Serrano, concerned parent, noting that there are pizza and arcade businesses near the proposed location of the adult entertainment business where children would be patronizing. Malcom McPhail, Pastor of the First Assembly of God Church, requesting that regulations to be drafted should require a greater distance than 250 feet from residences. He requested that consideration be given to churches as well as residences. Ludo Casera, businessman, located in one of the buildings on Leavesley Road, noting that if the proposed adult entertain- ment business is allowed to locate at the proposed location on Leavesley, that he would not be able to have his daughter at his place of business. He urged the Council to prohibit this in Gilroy. l( >. _<I ~,),J l' ',> /1 i,)' '. '$(...,~. t\.. Herb Langler, 12 Stratford Place, noted statistics of rape occurrences where pornography enterprises are allowed. He urged the City to prevent this before it causes an increase in the crime rate in Gilroy. Ernest Andrews, 7412 Church Street, noted that he was an incest victim survivor and would answer questions Council might have in this regard. Eric Smith, 1657 El Dorado Drive, Pastor of South Valley Community Church, noting pornography statistics and urged the City to develop the strongest laws to deal with pornography; everything legally possible. Frank Mendiola, business at 7515 Monterey Street, family man of two children, noting that an adult entertainment is a free enterprise and should be allowed to operate and is protected under the First Amendment. Suzanne Boley, 1380 Long Meadow Drive, wants to protect her child's rights to live in a safe city and urges a thoughtful process in allowing this business. Pizza businessman owner, objecting to the adult entertain- ment business locating in Gilroy. Dave Dunworth, 681 Sherwood Drive, noted that he knew the previous speaker and believes that his business would be destroyed if the adult entertainment business was allowed to operate at the proposed location. He urged the Council to adopt regulations and ordinances to prevent an illegal business in Gilroy and requested this type of business be strictly regulated if allowed to operate at the proposed location, and requested that the City seek outside legal advice of an expert in adult entertainment businesses. Discussion was had by Council on the matter. The City Attorney noted that Council could adopt an emergency ordinance to prohibit any use in the City because of health and safety that could be in effect 45 days to allow Staff to prepare the requested regulations and further extensions may be imposed if the City has not completed drafting the requested regulations. Motion was made by Councilwoman Nelson seconded by Councilman Valdez and carried that a Special Council Meeting be set for December 10, 1992 at 8:30 p.m. in order to consider establishing a moratorium on business operation of an adult entertainment enterprise and that the City Attorney be directed to draft an ordinance for Council consideration at that meeting. Councilwoman Rowlison requested information on adult enterprises already in existence; legality in restricting such business -- consequences of other cases for Council consideration to be discussed within the 45 day moratorium. At 8:13 p.m. the Mayor declared a Recess and reconvened the meeting at 8:19 p.m. Councilmembers: Nelson and Rowlison absent. The Mayor continued with the regular order of the agenda. RDO Staff Reports re: Residential Development Ordinance for the Rating Scale and Large v. Small Projects were noted and further explained by Planning Director Dorn. Councilwoman Nelson returned at 8:21 p.m. and took her seat at the Council table. City Administrator Baksa noted that Council may wish to discuss large v. small projects in February 1993 and only address the school impact issue at this time. Res.92-86 RDO '- ~. ~ Councilwoman Rowlison returned and took her seat at the Council table at 8:22 p.m. Motion was made by Councilwoman Nelson seconded by Council- man Gilroy and carried by the following Roll Call vote that only the school issue be discussed at this time: Ayes: Councilmembers: Gilroy, Hale, Nelson and Gage; Noes: Councilmembers: Kloecker, Rowlison and Valdez. Mr. Kenneth Noonan, Superintendent of Schools, addressed the Council and requested Council delay action at this time because they do not have an agreement with the developers but should have it by December 15, 1992. Motion was made by Councilman Gilroy seconded by Council- woman Nelson and carried by the following vote that the School Benefits under the Rating Scale be set at 20 points: Ayes: Councilmembers: Gilroy, Hale, Kloecker, Nelson, Rowlison and Gage; Noes: Councilmember: Valdez. Motion was made by Councilman Gilroy seconded by Council- woman Nelson and carried that the Residential Development Ordinance amendments be read by title only and waive further reading of the Ordinance. (The Ordinance was read by title.) Motion was made by Councilman Gilroy seconded by Councilman Nelson and carried that the ordinance be introduced and published by title and summary. Discussion was had by Council on the proposed ordinance. Councilmembers: Hale, Nelson and Valdez voted "no" on the motion. At 9:11 p.m. the Mayor declared a break to change the video tape for Channel 34. Motion was made by Councilman Hale seconded by Councilwoman Nelson that the reading of Resolution No. 92-86 be waived and that it be adopted amending Project Rating Scale and establishing schedule to include start date of 1994 (200) and added a schedule (Exhibit "B") to the resolution for allocations through the 5th and 10th years. (425 through 5th year; 420-6th year through 10 years. ) RESOLUTION NO. 92 - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING THE PROJECT RATING SCALE FOR IMPLEMENTATION OF THE RESIDENTIAL DEVELOPMENT ORDINANCE AND ESTABLISHING SCHEDULES FOR CERTAIN ACTIONS REQUIRED BY THE RESIDENTIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 7th day of December, 1992, by the following vote:' AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, ROWLISON and GAGE NOES: COUNCILMEMBERS: KLOECKER and VALDEZ ABSENT: COUNCILMEMBERS: None Discussion was had regarding the disposition of "Backlog Housing Units" noting that same could be subtracted from the next year; 5 years or 10 years. Motion was made by Councilwoman Nelson seconded by Council- man Gilroy and carried to reactivate the Residential Development Ordinance by lifting of the suspension thereof and that the Planning Commission be directed to establish a new time schedule for all subsequent action to take place and requested that the ratings established be referred back to the Planning Department prior to Council acting on same. Motion was made by Councilwoman Nelson seconded by Council- man Gilroy and carried that Council requests that projects not be substantially changed from those presented to the Planning Commission when presented to Council. Councilman Kloecker voted "no" on the motion. !' ", Jl l) <. '1 ,,,",,, Growth Criteria Open Space Authority City Administrator Baksa presented a proposed Criteria for Growth - Growth Task Force recommendations. Motion was made by Councilman Valdez seconded by Councilman Gilroy and carried that the Criteria for Growth - Growth Task Force recommendations be approved as presented. Councilwoman Nelson voted "no" on the motion noting that she was opposed to the last statement of the policy, specifically, "The City Council will clearly and strongly state its vision of the future of Gilroy to its citizens." The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. Mr. Mike Meyer, 7434 Eigleberry Street, addressed the Council regarding growth and impact on the environment. Mr. Miguel Paredes, addressed the Council noting that he wished to speak later in the agenda regarding the proposed Open Space Authority. At 10:24 p.m. the Mayor declared a recess and reconvened the meeting at 10:31 p.m. The Mayor noted that the County had no spokesperson regarding the Santa Clara County OPen Space Authority. Motion was made by Councilman Valdez seconded by Councilwoman Rowlison recommending the City join the Santa Clara County Open Space Authority. Discussion was had prior to voting on the motion. A letter from Celia McCormack was noted urging Council approval to be included within the jurisdiction of the Authority. A letter from Greenbelt Alliance urging Council support the Authority was noted. The following addressed the Council regarding the OPen Space Authority: Jeff Martin, 820 -Second Street, in opposition to the City supporting the Open Space Authority. Miguel Paredes, noting not in favor of having a benefit assessment district proposed to be formed with the Open Space Authority. Vickie Moore, representing Greenbelt Alliance, further explanation of the Open Space Authority urging the City to join and support the Authority. Joan Lewis, Gilroy, noting that she and relatives are unable to sell their land due to the proposed Greenbelt and requested that the City study the matter before joining the Authority. At 11:15 p.m. the Mayor declared a recess to change the video tape for Channel 34. Council voted on the proposed resolution stating City of Gilroy's intent to be included within the jurisdiction of the Santa Clara County Open Space Authority that failed by the following Roll Call Vote: Ayes: Councilmembers: Kloecker, Rowlison and Valdez; Noes: Councilmembers: Gilroy, Hale, Nelson and Gage. Council tabled action on the matter to their January 4, 1993 regular Council meeting in order to receive a presentation from Supervisor McKenna or Honda in regard to their questions on the Open Space Authority and further that the City can be assured of the District Supervisor and a South County Representative as members of the proposed Authority. Councilwoman Rowlison requested additional information re: Mid Peninsula Greenbelt Authority. Councilwoman Rowlison suggested representation on the proposed Authority be based upon the District's acreage. SCRWW 10-27-92 PC Com. 12-3-92 Gang Task 11-18-92 Council Retreat 1 ' , ,t "f~ ~~j The following informational items were noted with no separate discussion on same: Customer Service: Mr. & Mrs. David C. Osler Commending Building Division Employee; Mr. Roland Velasco In Appreciation; City of Grass Valley In Appreciation; Nob Hill Foods In Appreciation of Recreation Service Manager for Assistance in "Run for Fitness" Event; Dr. Arthur Marsh, Award Recipient, In Appreciation of Parks & Recreation Department for 1992 Art Show. McCutchen Update on Recent Legislation; Status of the City's Long-Range Applications; Invitation to Retirement Celebration for Retired Councilman Michael F. Kotowski, City of Campbell; and Monthly Cash & Investments Report, October, 1992. Noted the Minutes of the South County Regional Wastewater Authority Meeting of October 27, 1992. Noted the Report of the Planning Commission Meeting of December 3, 1992. Noted the Minutes of the Gang Task Force Meeting of November 18, 1992. City Administrator Baksa presented and explained an update on the Water Conservation Program. Discussion was had regarding the City irrigation schedule and locations. City Administrator Baksa presented an update of 1992-1993 Council Goals and Objectives/Action Plan and requested that Council bring this information to the Council Retreat in January, 1993. City Administrator Baksa presented a report on vendor's preference. City Administrator Baksa noted a Joint Council/Personnel Commission Study Session scheduled for January 11, 1993. City Administrator Baksa noted the South County Regional Wastewater Authority Meeting December 8, 1992 and that there would be no tour of the facilities due to the weather. Motion was made by Councilman Gilroy seconded by Councilman Hale and carried that Jim Bower be approved as Facilitator for the Council Retreat as recommended by Councilman Gilroy. The following meetings were noted: Deadline to receive applications for Library & Culture Commissioner not seeking reappointment, Wednesday, December 16, 1992 - 5:00 p.m. Commission appointments December 21, 1992 Regular Council Meeting; Gilroy City Council Regular Meeting of December 28, 1992 - Cancelled; and Gilroy City Council Retreat, January 22, 23, & 24, 1993, Gilroy Senior Center, 7371 Hanna Street, Gilroy, CA 95020. ~ ' ')'j 1, \,.) f:;"';~. t ^ Adjrnmt. At 11:26 p.m. the Mayor adjourned the meeting to the Special Meeting of December 10, 1992 at 8:30 p.m. Respectfully submitted; ~~