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Minutes 1993/08/23 4" J} ( S' ".. '._J ,J ..:1 Invocation Posting Agenda Roll Call Consent Calendar St.Report Bids re: Sewer proj. Regular Meeting August 23, 1993 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Lt. Emmanuel Henry John, Salvation Army scheduled to give the Invocation. Lt. John absent. The City Clerk noted that the Agenda had been posted on August 19, 1993 at 4:55 p.m., amended Agenda posted on August 20, 1993 at 4:23 p.m. Present: Councilmembers: Mike Gilroy, Leonard A. Hale, Sara C. Nelson, Pete Valdez, Jr. and Donald F. Gage; Absent: Council- members: Paul V. Kloecker and Suellen C. Rowlison. Motion was made by Councilman Hale, seconded by Councilman Gilroy that the following items under the Consent Calendar be approved, by the following Roll Call Vote: Ayes: Councilmembers: Mike Gilroy, Leonard A. Hale, Sara C. Nelson, Pete Valdez, Jr. and Donald F. Gage; Absent: Councilmembers: Paul V. Kloecker and Suellen C. Rowlison. Approved a Contract for preparation of the Annual Street Report concerning Fiscal Year 1992-1993; and Approved Monthly Cash and Investments Report, June 30, 1993. Parks & Recreation Director Connelly gave his Departmental Report, assisted by Scott Lang and John Garcia. City Administrator Protempore Dorn presented a recommenda- tion to award the bid of Bilardi Construction in the amount of $450,319.60 for Sanitary Sewer Project, 92-PW-301 Swanston Lane, I.O.O.F. Avenue, Monterey/Eigleberry, Old Gilroy Street, and alleys between Alexander/Forest and Alexander/Railroad. Motion was made by Councilwoman Nelson seconded by Councilman Hale and carried that the bid of Bilardi Construction in the amount of $450,319.60 be awarded as recommended for Sanitary Sewer Project 92-PW-301. City Administrator Protempore Dorn presented a proposed ordinance to consider an Anti-Cruising Program further explaining same and noted that the ordinance introduced at the last Council Res.93-53 .< -~ .} ., -J Meeting provided for violation of the ordinance to be a misde- meanor and that same had to be re-introduced with the penalty under the violation clause to be an infraction per the city Attorney. The city Attorney noted that the areas of anti-cruising would be set by resolution of the Council at a later date to become effective upon the effective date of the ordinance. It was noted that state approval of anti-cruising within the State routes within the City would be obtained prior to adoption of the resolution. Assistant Chief of Police Gardner and Sergeant Smithee addressed the Council and explained the need for the Anti- Cruising Program. The Mayor asked if there was anyone in the audience wishing to speak on the matter. The following addressed the Council in regard to this matter: Sergio Del Toro, 8410 Wayland lane representing a local Car Club requesting approval of controlled cruising on specific nights in the City. Louis Molina, 1206-3rd St., representing Gilroy Human Relations Commission of South County requesting Council table action on the proposed ordinance based upon more community in-put to allow for cruisers and the ability to ride around, noting that possibly the proposed ordinance is unenforceable. Matthew Drummond, Chestnut Street agreed with the Police Department view on the matter and agreed that possibly a fee for lawful assembly of cruising would be acceptable. Richard Webster, 8530 Culp Dr., noting that he sent a letter prior to the Garlic Festival to the City informing of the proposed Saturday Cruise during the Festival and that the Police Department controlled same well but were not prepared for the repeat cruise on Sunday and that the City needs to provide the Police Department with additional funds during these crucial periods. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and unanimously carried that the proposed ordinance be read by title only. The City Clerk read the title of the proposed ordinance. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy and carried that the proposed ordinance be published by title and summary. (Noting penalty for violation of same to be an infraction rather than a misdemeanor.) Councilman Valdez voted "no" on the motion. Councilwoman Nelson noted that the proposed ordinance has nothing to do with normal local cruising, just for extreme cases to be at the Police Department's discretion if necessary. The City Attorney presented a Resolution for consideration to permit Peace Officers to divert traffic in cases of traffic congestion, further explaining same. Motion was made by Councilwoman Nelson seconded by Councilman Gilroy that the reading of Resolution No. 93-53 be waived and that it be adopted. RESOLUTION NO. 93-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GIVING AUTHORITY TO PEACE OFFICERS TO DIVERT TRAFFIC FLOW IN SPECIFIED CIRCUMSTANCES, PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 21101. 2. (;:~t;l) AB 1234 GangTask Force P&RC~ PASSED AND ADOPTED this 23rd day of August, 1993, by the following vote: AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, VALDEZ and GAGE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: KLOECKER and ROWLISON The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Matthew Drummond, addressed the Council, requesting Council consider funding the Act Team to assist in the local gang problems. Mr. Richard Webster, addressed the Council, noting that the Police Department had the Saturday Night Cruising, during the Garlic Festival, completely under control; an excellent job; fantastic job. City Administrator Protempore Dorn presented excerpts of SB 1234 (Bergeson and Isenberg) from the League of California Cities regarding Government Financing, further explaining same and recommending opposition to said legislation. Council authorized Staff to prepare a letter in opposition to this legislation for Council review and requested that a copy of the complete legislative bill be provided them. The following informational items were noted with no separate discussion on same: Customer Service: Letter From Robert J. Connelly Thanking Dr. and Mrs. Dennis Harrigan For Their Comments on the Parks and Recreation Programs; Letter From Birgit Angern-Dorgarten in Appreciation of Assistance by Chuck Myer; Letter From Barbara Linsley to Jim McCann in Appreciation; Letter From Robert J. Connelly Thanking Mrs. Kelly Ramirez for Their Comments on the Parks and Recreation Swim Program; Letter From the City of Morgan Hill in Appreciation of the City of Gilroy Chemical Control Program; Memo from Norm Allen in Appreciation of the Development Review Group; Memo From Chief Sumisaki in Appreciation of the Gilroy Police Department Staff; Memo From Chief Sumisaki in Appreciation of Officer Steve Gaither; Memo From Chief Sumisaki in Appreciation of Assistant Chief Vern Gardner; Proclamations Issued by Mayor Gage: Recognition of the Asian Americans for Community Involvement; HUD Income Limits March 22, 1993 for the San Jose PMSA. The Minutes of the Gang Task Force Meeting of August 11, 1993 were noted. The Minutes of the Gilroy Parks and Recreation Commission Meeting of July 20, 1993 were noted. The Minutes of the Library and Culture Commission Meeting of August 10, 1993 were noted. ~ __",.;u, Adjrnmt. 'C','_'"" ',,'," -,,,,,--.,'''',,,;..''~'_"_' ~---~ -------- "_'-C_<;"-','-'".,;iC""".=,'''.'';:K',,~'''';.;'''4,;'''=t.~,,,~"_::,-,",'''-'C:~..: --." --~-~---,--- " ,- .1'. ?}~ '" .J The Minutes of the Senior Advisory Board Meeting of July 19, 1993 were noted. The Mayor noted the following: Gilroy City Council Study session, August 30, 1993 - 7:00 p.m. re: Continued Discussion on Violent Crime Report, Council Chambers, City Hall, 7351 Rosanna street, Gilroy, CA 95020. To be televised; Leadership Forum, September 16, 1993, 7:30 a.m. to 9:00 a.m., re: Fire Prevention and Education, Gilroy Senior Center Meeting Room, 7371 Hanna Street, Gilroy, CA 95020;. League of California Cities 1993 Annual Conference, October 17th to 19, 1993, Moscone Center, San Francisco. RSVP City Clerk; and Municipal Election Forum, October 26, 1993 - 7:00 p.m., Council Chambers, City Hall, 7351 Rosanna Street, Gilroy, CA 95020. To be televised. Sponsored by AAUW. At 9:41 p.m. the Mayor adjourned the meeting to Tuesday, september 7, 1993 (September 6, 1993 - Legal Holiday.) Respectfully submitted, ( 1__- " /'. .1----..---- ,.,.,.Z., / . -". -----../; - \. //" ,I /' (-) -91 - 7"--.2 '...-? ,;/J.-~ :::> +-..J \." (r"'"-j' , .... l ,\... /////1_ ! / '-.,/ .~ L-,/ r..'(,. Tl/i'l.G/ / C!' J" 07< City Clerk