Minutes 1992/12/07
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Invocation
Posting
Agenda
Roll Call
Intro.New
Emps.
Consent
Calendar
Minutes
Budget
st. Tree, Curb\
Gutter Pol.
Minutes
So.Co.
Housing
Equip.
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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.
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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
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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.
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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
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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.
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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;
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