Minutes 1980/06/30
4424
Roll Call
1980-81
Budget
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June 30, 1980
Gilroy, California
The Adjourned Regular ~1eetin~ of June 30, 1980, of the Gilroy
City Counci 1 was ca 11 ed to order by Hi s Honor ~1ayor Norman B. Goodri ch
at 8:00 p.m.
Present: Council Members: Sharon Albert, Brian D. Cunningham,
Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor
and Norman B. Goodrich.
City Administrator Hood presented and explained recommendations
and report on the effect of Proposition 4; report on anticipated ending
balance in the General Revenues; and request to transfer funds.
City Administrator Wood presented and explained a budget
recommendation for the Police Department for inclusion in the 1980-81
Budget.
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~1oti on was made by Counci lwoman Hughan seconded by Counci lman
Link and carried that a transfer of General Funds be authorized as
requested to the following funds: Workers' Compensation in the amount
of $75,000.00; Liability Insurance Fund in the amount of $100,000.00,
and Reserve for Replacement $290,000.00 total lying $465,000.00.
Motion was made by Councilman Link seconded by Councilman Taylor
that authorization be given for approval of the year-end transfer on
Page 2 of the Memorandum. It was noted by Staff that same is already
included in the 1980-81 proposed budget.
Motion was made by Councilman Cunningham seconded by Councilwoman
Hughan and carried that a transfer be authorized in the amount of
$400,000.00 from the General Fund to a separate reserve fund for Meet
and Confer settling process.
Councilman Taylor inquired of a current reporting of financial
statement of the City to Council in order to become aware of the City's
financial status. He suggested that same be reported to Council every
two (2) months.
City Administrator Wood noted that a complete monthly financial
report previously was forwarded to Council for review, however, in
recent years, Council requested that same be summarized which is presently
submitted to Council on a monthly basis.
Councilman Cunningham commended Staff for reconsidering the City's
anticipated revenue projections and recommended that the previous Budget
requests of the Gilroy Chamber of Commerce, Santa Clara County Safety
Council and .Catholic Social Services totalling approximately $14,000.00
be reconsidered for inclusion in the 1980-81 Budget.
Discussion was had in regard to specific items in the budget
previously noted during Council Budget Study Sessions. It was noted
by Staff that these items were either included in or removed from the
proposed 1980-81 Budget in accord with Council wishes.
Motion was made by Councilman Cunningham that the $10,500.00
Budget request from the Gilroy Chamber of Commerce previously rejected
by Council be included in the 1980-81 Budget. The motion died for lack
of a second.
Motion was made by Councilman Taylor seconded by Councilman Link
and carried that an additional $5,500.00 budget allocation for the Gilroy
Chamber of Commerce be included in the 1980-81 budget. Council Members
Albert and Hughan voted "no" on the motion.
Motion was made by Councilwoman Hughan seconded by Councilman Pate
and carried that the Travel and Training requests throughout the 1980-81
Budget originally deleted during the Budget Study Sessions be included in
the 1980-81 Budget. Counci 1 r1embers Link and Taylor voted "noli on the
motion.
Motion was made by Councilman Pate seconded by Councilman Cunning-
ham and carried that the additions and deletions recommended in the
Assistant City Administrator's Memorandum to the City Administrator
(Report on 80-81 Council Budget Sessions and Report for Budget Adoption
dated June 11, 1980, on Pages 1-3 for Pages 1 through 41 of the 1980-81
Budget) be approved.
City Administrator Wood further explained the additional budget
requests of the Police Department.
~1oti on was made by Councilwoman Hughan seconded by Counci lman
Cunningham and carried that Items A through F in I. Police Facility in
the Police Chief's Memorandum to the City Administrator be approved.
Chief of Police Cowart addressed the Council in regard to the
equipment Budget request.
~1oti on was made by Council man Cunni ngham seconded by Council man
Taylor and carried that Items Band C under the Equipment request for
inclusion in the 1980-81 Budget be approved.
4426
Res. #80-63
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Motion was made by Councilman Link seconded by Councilman
Cunningham that the reading of Resolution No. 80-63 be waived and
that it be adopted approving the 1980-81 Budget for the City of Gil-
roy to include Council's approval for additions and deletions as
discussed.
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RESOLUTION NO. 80-63
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE
BUDGET FOR SAID CITY FOR FISCAL YEAR 1980-1981 AND APPROPRIATING
PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN THE BUDGET.
PASSED AND ADOPTED this 30th day of June, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE,
TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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At 8:56 p.m., the ~1ayor adjourned to an Executive Session in
regard to the Meet and Confer process.
At 9:36 p.m., the Mayor reconvened the meeting.
The Mayor noted that Council reviewed the results of the
Executive Session of June 26, 1980, and stated that the Council did
not in any way, manner or form threaten anyone's job in regard to
the Meet and Confer meetings or the provisions that are being set
forth, and Council-as-a-Whole denies these accusations.
A representative of the Gilroy Police Association (Mr. George
Bist) addressed the Council and noted that he was invited here tonight
to make a presentation or discuss the proposed salary contract with
Council during an Executive Session.
The Mayor noted that he was invited in regard to the Executive
Session scheduled in regard to Council being accused of threatening
City Employees of the Police Association1s jobs and that Council has
denied same. The Mayor further noted that if there was any comment
in regard to the Meet and Confer process that he be referred to the
City's Negotiator, Fred O. Wood.
Mr. George Bist, Business Representative of Local 3, Operating
Engineers, representing the Gilroy Police Officers' Association,
addressed the Council noting that he was present at the City Adminis-
trator1s request to speak directly to the Council during an Executive
Session and that is why he is present at this meeting.
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The Mayor ntoed that due to the present state of affairs same
had to first go through the City's negotiator, r-1r. \.Jood.
Mr. Bist inquired if the City Administrator had the authority
to negotiate a contract.
The Mayor noted that Mr. \4ood has the authority to negotiate a
contract and refer same to Council for their approval.
Councilman Cunningham inquired if Council could talk to the
Negotiating Team during an Executive Session. Councilman Link objected
to same noting that Council is not a part of the Negotiating Team, at
this particular time, and that this is not in accord with the Meet
and Confer procedure.
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City Administrator Wood clarified Mr. Bist1s invitation to
attend this Council Executive Session. He noted that Mr. Bist had
requested a meeting with the City Council for June 27, 1980, and was
informed that the Mayor or the majority of the Council only are
authorized to call such a meetinq; that the City Council was having
an adjourned regular meeting June 30, 1980, and that would be the
earliest meeting that could be available; and that it was not his
intention that Council would hear Mr. Bist at the Executive Session
following the adjourned regular meeting. That was Mr. Bist's idea.
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4427
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Councilman Link noted that he was requested by Mr. Bist on June
27, 1980, to schedule a Council Meeting and was not aware at that time
that the matter of concern was part of the Negotiating process for Meet
and Confer; that he assumed that the request for said meeting was in
regard to the accusation of Council threatening employees'ejobs.
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Mr. Bist noted that he discussed with Councilman Link the fact
that the Police Officers' Association had come to an agreement and were
advised by the City Administrator to forward the document to his office
to check for verbage, etc., and if there were any problems he (Mr. Wood)
would contact the Association and Negotiator for same. He further
noted that the document was forwarded to the City Administrator's Office,
corrected for mistakes, and informed by the City Administrator that same
would be presented to Council for their consideration and that the
Association could have the ratification meeting June 27, 1980, which
they, in fact, did do. He further noted that being notified late June
27, 1980, that Council had some problems with the agreement as presented
and at that point attempted to arrange a meeting on same with Council,
noting that the present contract expires at midnight June 30, 1980.
Councilman Cunningham inquired of the Agreement noted by Mr. Bist.
t1r. Bist further noted that this document was prepared as requested by
the City Administrator, inquired if it would be proper to schedule a
ratification meeting to approve said contract. He noted that he was
informed by the City Administrator that this would be in order, but
prior to taking same to the Police Association membership, allow him
(Mr. Wood) time to review the document and discuss any problems he had.
Mr. Bist noted that this was done and changes made to said agreement,
presented to the membership and was ratified.
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City Administrator Wood noted that prior to the June 26, 1980,
Executive Session of the Council, it was Council's position that a 10%
maximum salary cap in the second and third years increase be included
in the agreement and that this was presented to the Association including
reducing some fifty (50) items requested to about six (6) items, but
that they would not agree to the 10% cap in years two and three. He
further noted that he recommended to the Association that they prepare
a complete agreement and that same be presented to the Council without
the 10% maximum salary increase to see if there was any Council movement.
He noted that Council reconfirmed their previous stand for a 10% salary
cap in years two and three. This later cap would be applied to the
average increase.
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City Administrator Wood noted that he met with the Police and
Fire Associations on June 27, 1980, and informed them that Council
had not changed their position on same.
Councilman Cunningham inquired as to the City's next step to
continue the Meet and Confer process.
City Administrator Wood noted that it was agreed earlier, because
Proposition 9 placed all of us in an unknown position, to extend the
Meet and Confer Process to July 15, 1980, with retroactivity to July 1,
1980, in order to have adequate time to negotiate the contract in the
event that an agreement could not be reached earlier. He further noted
that the Associations and Council were advised of this previously but
no formal action was ever taken by Council.
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Councilman Pate noted that he is opposed to any kind of a meeting
with anyone other than the Council and Staff members in Executive Session;
that this type of meeting should be in the form of open session.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that any agreement that is reached in regard to the Meet and
Confer Process be retroactive to July 1, 1980, as long as it occurs
before July 15, 1980.
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Mr. Bist inquired if he is led to believe that Council does not
wish to speak with him during Executive Session as he was requested to do.
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The Mayor noted that Council only wished to meet with Council and
Staff during Executive Sessions.
At 9:52 p.m., the Mayor adjourned the meeting.
ReSp~fullY sUbZtt~ , A._
~2td~ ~~f_~tv Clerk