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Minutes 1992/12/10 "~'~'~~_' '''''''''~''''''_'''';..'',"""",~'~='C'''.u'_';.-.'' --~---.- A,,' . " ".' " '0 <..'?'t Posting Notices Present Adult Enter. Bus. Ord.92-20 ^"'""""_,,;..c.~,.,,.,.,o-;.,:',..__~'''~' '~"_""'=;="'~~'_"'.;"'~-""'"""""~,,,,,,_,",,~,,.,,,,,,,,,-." ""-":',',"i"--.'-_:."'-',_,","",'~="="c'''=.''''='';C''"-,,;,,..:.~,=,,-.,.,,'~--J'--"";'C- special Meeting December 10, 1992 Gilroy, California At 8:30 p.m. the Mayor stated that the purpose of this Special Meeting was to consider adoption of an emergency ordinance amending the Zoning Ordinance and Municipal Codes of the city regulating adult businesses and prohibiting any uses which maybe in conflict with contemplated revisions to these regulations. He noted that Council would leave the room for a Closed Session re: Exposure to Litigation in accordance with Section 54956.9(b)(1) of the Government Code. The Notice of this meeting was posted December 8, 1992 at 3:00 p.m. and Revised Notice of Closed Session was posted December 9, 1992 at 4:45 p.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez Jr. and Donald F. Gage, 8:30 p.m. Council left the Council Chambers at 8:30 p.m. and the Mayor reconvened the Special Meeting at 9:30 p.m. Discussion was had regarding a proposed Moratorium pertaining to adult entertainment businesses. The City Attorney explained the proposed emergency ordinance that would declare a moratorium re: adult businesses and any allowable extensions thereof. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy to adopt Ordinance No. 92-20 amending the Zoning Ordinance and Municipal Codes of the City regulating adult businesses and prohibiting any uses which maybe in conflict with contemplated revisions to these regulations. Prior to Roll Call on the Ordinance the following addressed the Council in regard to the matter: Ricardo Mello - 7330 Orchard Drive, urged support and approval of the proposed moratorium ordinance. He further urged Council to adopt strict regulations 'n regard to adult businesses locating in Gilroy. Al Nielsen, 7045 princevalle Street, requesting that a Task Force of City Citizens be appointed to assist in drafting regulations for adult businesses. Christie O'Keefe, 6150 Bernal Road, Morgan Hill, worker at the Recreation Center in Gilroy and noted his worry about the children patronizing the Center and walking by the proposed adult business. Vickie Langler, 12 Stratford Place noted that this proposed business would infringe on the domestic tranquility of the people in Gilroy and that her life will be threatened and that she is in favor of the proposed moratorium. ;' , ., , ;; '_' t ,...Il Jean Blake, 8665 Murray Avenue, read a Proclamation issued by Mayors Hughan and Gage in 1991 and 1993 respectively, opposed to pornography in the City. Miguel Paredes, 7781 Church street, requested that the Council follow the law in regard to adult businesses. George Pendergast, 7511 Santa Barbara Drive indicated his willingness to assist the City in drafting an ordinance regarding strict regulations for adult business operations. Herb Langler, 12 Stratford Place, urged Council to adopt the ordinance approving a moratorium on the operation of adult businesses in the City of Gilroy Rick Talley, 750 Ridge Road, Watsonville" notd statistics regarding pornography. Babs Holiday, 770 Ramona Way, concerned about children in the area and requested that the City impose restrictive operating hours on the proposed adult business if allowed to locate in Gilroy, i.e. operation Mondays/Fridays 8:00 a.m. to 3:00 p.m. to insure that the school children would be in school during the time the business is allowed to operate. Erin Stan, 240 Gurries Drive, noting that he conducted a phone solicitation of approximately 100 persons in the Gilroy area and there was one reply for an adult business to locate in this area and noted that if there is no way to legally prohibit the operation of an adult business in Gilroy that the citizens boycott this business. Sharon Holloway, 840 Carnagane noing that the City of San Jose revised their ordinances regulating adult businesses in their City and eliminated same to operate in the City of San Jose. Hal Bellairs, 6995 Glenview Drive, appreciates the Council attitude on the matter. Jackie Fry, 711 Eschenburg Drive, mother and therapist who has worked with children and adults in regard to pornography. Becker Kover, 711 Eschenburg Drive, mother and opposed to an adult business locating in Gilroy. Carla Adams, 665-5th Street, moved to Gilroy from San Francisco one year ago and wants the Council to insure and encourage a family town in Gilroy. Suzanne Boley, 1380 Long Meadow Drive, inquires if the adult business is presently operating in Gilroy. She noted that this business needs permits if improvements are being made to the building. Ludo Casera, 8775 Poplar Drive, noted that he has a business next to the proposed adult business on Leavesley Road and that there is a hole in the wall at that location suggesting improvements being made to the building. Resident at 8520 Delta Drive, inquired of the proposed adult business on Leavesley presently operating. The Mayor thanked the citizens for participating in the issue. Discussion was had by Council on the matter. In regard to the previous motion to adopt Ordinance No. 92- 20, Councilman Kloecker added an amendment to the proposed urgency ordinance and the City Attorney added additional wording to same. Ordinance No. 92-20 was adopted as amended by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Hale, Kloecker, Nelson, Rowlison, Valdez and Gage. 1 Adjrnmt. ORDINANCE NO. 92 - 20 AN URGENCY ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE AND MUNICIPAL CODES REGULATING ADULT BUSINESSES AND PROHIBITING ANY USES WHICH MAY BE IN CONFLICT WITH CONTEMPLATED REVISIONS TO THESE REGULATIONS. PASSED AND ADOPTED this 10th day of December, 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, HALE, KLOECKER, NELSON, ROWLISON, VALDEZ and GAGE None None At 10:05 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~~?,v1~ City Clerk -~J