CC Min 1993-04-26 - Laserfiche WebLink

Browse Search

8. STAFF REPORTS A. Peninsula Celebration Association Request for Permit - Fourth of July Parade and Festival IN RESPONSE TO COUNCILMAN SANFILIPO'S QUESTION, CITY ATTORNEY SCHRICKER ADVISED THAT COUNCILMAN SANFILIPO WOULD NOT BE ABLE TO PARTICIPATE IN THE DISCUSSION NOR DECISION OF THIS ITEM DUE TO A CONFLICT OF INTEREST BASED ON HIS PREVIOUS RELATIONSHIP WITH THE PCA AND THE PCA FOUNDATION. Councilman Sanfilipo left the dais at this time. MEMO 4/21/93 REPORT: City Manager, April 21, 1993 City Manager Everett presented the staff report and a brief history of staff's attempts to assist both groups in resolving their differences. The staff report lists the following alternatives: Approve the permit with a 10:30 a.m., 11:30 a.m. or 12:30 p.m. starting time for the parade; deny the permit for parade and festival; or approve request under conditions that would mitigate the impact of the parade on religious congregations in the immediate vicinity for this year only and not allow future parade permits at this earlier hour. City Manager Everett advised that when the fourth of July fell on a Sunday in 1916 the parade began at noon, and in 1982, the permit allowed 10:30 a.m., but in fact the parade began at noon. City Attorney Schricker advised the Council that their authority to decide in this matter rested in the area of Municipal Police Powers to safeguard the health, welfare, safety and morals of the community; the Council's concern is not whether religious services are held in support of a particular religion, but rather that the Council is authorized to consider a particular institution, religious or otherwise, which conducts a certain kind of activity throughout the year at a given day and a given time, and if that conflicts with another activity being proposed. It is within the Council's jurisdiction to balance those activities and considerations to make a determination not on the basis of substance, such as a religious matter, but based on secular interests, such as accommodating conflicting interests of substantial portions of the community on the one hand, and also addressing the public interest, public safety, public rights of way, parking areas and crowd movement and control on the other. Who or what the speakers represent is immaterial to Council's consideration, but what they say with respect to the effect upon the people involved and public safety matters, those are germane issues. Mayor Buchan asked if anyone wished to speak to please do so at this time and called upon those who had completed speaker's cards. The following people addressed the Council: Regular Meeting Minutes MINUTE BOOK NO. 51 April 26, 1993 Page 1 Page No. 386