HomeMy WebLinkAboutMinutes 08/09/1990August 9, 1990
Approtea as S"6m;4 eJ
re -?O -90
Vol. 26, Page 25
1 MINUTES OF A REGULAR ADJOURNED MEETING
2 PETALUMA CITY COUNCIL
3 THURSDAY, AUGUST 9,1990
4 ROLL CALL 12:00 Noon
5 PRESENT: Balshaw, Sobel, Davis, Vice Mayor Cavanagh*, Mayor Hilligoss,
6 Woolsey, Tenter
7 ABSENT: None *Arrived at 12:55 p.m.
8 PUBLIC COMMENT
9 There was no public comment.
10 CLOSED SESSION
11 The Council recessed to Closed Session to discuss Meet and Confer matters. 12:00
12 Noon to 12:20 p.m.
13 IMPASSE HEARING
14 Assistant City Manager Gene Beatty advised that as a result of the City's proposal to
15 place a ballot measure regarding binding arbitration before the voters in November,
16 the Meet and Confer process with the employee organizations has been ongoing for
17 the past several weeks to attempt to reach an agreement over the City's proposed
18 Charter measures. The City had modified its proposal as result of those meetings, but
19 was unable to reach an agreement with either employee association. Impasse hearings
20 were held with each. association; no agreement has been reached. The matter is
21 referred to the Council for final hearing and determination.
22 David Holsberry, 100 Van Ness Avenue - 20th Floor, San Francisco. - spoke on behalf
23 of Local 1415 Firefighters. He renewed his request that a procedure be established,
24 other than a hearing before the Council, because of the Council's known positions, it
25 may not be able to act neutrally or impartially. He said_ there was a lack of good faith
26 in the process. During the past two weeks they have presented counter -proposals in
27 the bargaining process to address issues brought by the City representatives: These
28 were met with negative reaction and no deviation from the original stance of the City.
29 He concluded his remarks by asking the City not to place its proposed Charter
30 amendment on the ballot thus leaving the. Police and Firefighters Binding Arbitration
31 measure the only issue for voter consideration in November.
32 The Police association members in. the audience said Mr. Holsberry spoke for them
33 also. There was no one else wishing to speak; the hearing was closed.-
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losed.34 CLOSED SESSION
35 The Council recessed to closed session. 12:30`p.m. to 12:43 p.m. to discuss Meet and
36 Confer matters.
37 RECONVENE,
Page 26, Vol. 26 August .9, 1990
1 REPORT ON MEET AND CONFER
2 Assistant City Manager Gene Beatty was asked to respond to the assertion that the
3 City did not bargain .in good faith. He noted the City met several, times with each
4 employee organization: As a 'result, one of the two proposed City generated Charter
5 measures was dropped. What the Council has before it is a proposed Charter
6 amendment that does not have the section regarding the prohibition against Council
7 delegation of authority.
s The measure regarding :financial burdens needed clarification. The proposed measure
9 was rewrittein and .clarified. As it was initially proposed, . there was the
10 misunderstanding, that -any arbitrator's award would have to go to 'a vote of the people.
11 The City's. clarification provided theflexibility to_ the Council that in the event the
12 binding arbitration initiative is passed; .the Council does have the option of accepting
13 that arbitrator's award by resolution It is only when the award is riot accepted by the
14 Council that it will go to the voters.
15 It was" noted that petitioning to, have the voters determine whether or not binding
16 arbitration should be in effect in charter cities is a process that is ongoing on a
17 statewide basis. It is prohibited in by State law in general law cities.
18 RESO.90-283 NCS
19 CALLING SPECIAL.ELECTION'FOR CHARTER PROPOSAL
20 Resolution 907283 NCS calling a Special ;Election: fir the purpose of';subri itting a
21 Charter amendment to the voter. The wording 'of'the proposed' Charter arnendmerit is
22 as follows:
23 Section 83. FINANCIAL BURDENS.
24 Wages, benefits or employee -related expenses which have not been approved by
25 resolution of the City Council and' which, are the result of binding fact-finding or
26 binding arbitration may not be imposed on, the taxpayers of Petaluma: without
27 approval of the votes, as set forth in this section. Notwithstanding any other provision
28 of this Charter, such expenses shall..:not-be paid by the -City until additional :revenues
29 and appropriations therefor have been approved `by vote of the people pursuant to.
30 California Constitution Article XIII -A,. Section' 4 and Article ,XIII -B, ;Section 4. The
31 City Council shall not be required to call an election to approve such additional
32 revenues and appropriations more than once . year. Land may consolidate said
33 elections with- elections held for other purposes..
34 Introduced by Larry.Tencer, seconded by John. Balshaw.
35 AYES: ,Tencer, Woolsey, Balshaw„Dav_is, Vice Mayor Sobel, Mayor Hilligoss
36 NOES: None
37 ;, ABSENT- Cavanagh
39 = ;RES0:'90284.NC9� �
39 REOUEST SUPERVISORS CONSOLIDATE WITH NOVEMBER ELECTION
40 'Resolution 90,=284 NC,S, requesting the Board of,Supervisors to consolidate -the
41 election. with the November` election. Introduced by Michael Davis, seconded by Lynn
42 Woolsey.
43 AYES: Tencer, Woolsey, Balshaw; Davis, Vice Mayor Sobel, Mayor Hilligoss
44', NOES: None,
45' ABSENT- Cavanagh
45' Councilman Cavanagh arrived.
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August 9, 1990
Vol. 26, Page 27
RESO.90-285 NCS
ORDER PREPARATION OF IMPARTIAL. ANALYSIS AND WRITTEN ARGUMENT,
Resolution 90-285 NCS naming Councilmembers Sobel, Davis, Balshaw, Woolsey; and
Mayor Hi.1ligoss:; as persons- to prepare an argument for the proposed Charter
amendment and r-equesting the City Attorney to prepare an impartial analysis of the
measure. Introduced by Larry Tencer, seconded by John Balshaw.
AYES: Balshaw. Sobel, Davis, Woolsey, Tencer,
Vice Mayor Cavanagh, Mayor Hilligoss
NOES: None
ABSENT: None
The meeting was adjourned at 1:10 p.m.
L,
� ADJOURN
ATTEST:
Patricia E. Bernard, City Clerk