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Minutes 1988/05/24 5630 I Posting Agenda Roll Call Charter Amendment .--;' J T Special Meeting May 24, 1988 Gilroy, California = The City Clerk reported that the Agenda had been posted on May 23, 1988 at 12:54 p.m. Mayor Hughan led the pledge of allegiance to the Flag. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Pete Valdez, Jr. and Roberta H. Hughan; Absent: Councilmember: Daniel D. Palmerlee. 7:06 p.m. Mayor Hughan noted that the meeting was scheduled to discuss the proposed Charter Amendment Relating to Binding Arbitration, and noted that the goal of the meeting is to gather information, recognize, refer to or record the information already obtained and to decide if additional information is needed, particularly from outside sources who have had experience with binding arbitation or who are experts in the field of arbitration. (Councilman Palmerlee entered at 7:08 p.m. and took his seat at the Council table.) The Mayor further noted for the record that the City recognizes that it has a Notice of Intent to Circulate a Petition from the Gilroy Police Officers' Association and the Fire Association calling themselves "Citizens Supporting Gilroy Police and Fire" She further noted that the Council has comments from various Personnel Directors from other cities and information from other states, where Binding Arbitration has been put in place. She noted that they have an article from the Cal Tax Research Bulletin, League of California Cities information, Information from Michigan where binding arbitration]. is in place, from the City of Vallejo and the group called The Forum . Merchants and Manufacturers Association. She noted that they have an analysis of the experience of several cities and governments on compulsory binding interest arbitration, detailing the affect of arbitration that is binding on various cities in California and outside of California. She noted that this information will provide a basis for postiions taken officially by city government when all the information believed to be needed is received. She noted that the information received to date indicates that City government is severely impacted in its budget process by binding arbitration. (/ << '?\ I ,".-J '..y~ ~,., f ,) (;~<,t 5631 ..... . The Mayor asked if Staff had any comments on the available information. "... City Adiministrator Baksa stated that the Mayor noted the written documentation very well and that the question would be is what more information would the Council need and from what sources so Staff could try to locate that for Council. He suggested that Council schedule a Forum Study Session to meet with some of the people contacted who are involved with compul- sory binding arbitration to discuss some of the issues of binding arbitration and that particular concept. He noted that the League of California Cities has offered someone from their Staff who is well versed in binding arbitration. He also stated that Staff would obtain any other written information from other sources that is desired by Council. Council was in favor of conducting a forum as suggested. .... Councilman Hale inquired if there was any information as to how this proposed petition was initiated. City Administrator Baksa stated that if the GPOA or Fire .Fighters presented information on this matter it would certainly be accepted and would be reproduced for Council review. The Mayor stated that at some future date it would be appropriate for Council to determine their position in regard to this measure, should it become a ballot measure and from there Council would have to determine the strategy that they would take in regard to same. Councilman Kloecker inquired of the procedure involved in this matter. ....-',..... City Administrator Baksa noted that the procedures are, as with any initiative of this nature, an intent has been presented, the City Attorney has reviewed it and worked out some of the problems that were in the first drafts with the petitioners which can then be circulated to the registered voters of the City within the prescribed time. Approximately 1800 valid signatures are required that would force an election. .... Discussion was had in regard to the charter amendment document and City Attorney's summary as presented to the City. City Administrator Baksa noted that the City cannot adjust this document because it is an initiative from the two particular organizations. Councilman Valdez noted that it does not have the concurrence from the Council nor the Administration. Discussion was had regarding the City's initiation of a companion measure. The Mayor noted that if the City placed a companion measure on the ballot that it would not have to go through the signature requirement. The City Clerk noted that the Registrar of Voters requires that petitions be in their office by July 12, 1988 to qualify for the November 1988 Ballot. Council would be required to adopt a resolution by August 12, 1988 calling a Special Election, to place any measures on the November Ballot. "... I '- The Mayor noted that as the Council has faced various issues they have taken a position as to their role and the City Council's role in this issue is going to be critical. She noted that if Council in fact decides that this initiative will not work to the advantage of the City of Gilroy then their role in that situation will have to be clearly defined. She noted that until that time Council is free to give their own opinion and it has to be well understood that the City Administrator plays a neutral position, in that he is available for fact giving and fact finding, but is not a participant in the ballot campaign of any kind. The Mayor stated that it could take an official position that would be agendized for action. If that is done she noted that the next step is usually a Citizens' Committee. 5632 Adjrnmt. " City Administrator Baksa noted that the one aistinction that~would have to take. place as the Mayor stated, a position is within the realm of possibility, out active use of public facilities funds during the campaign is prohibited and would have to be outside of the normal governmental procedures. The Mayor asked if there wishing to speak on the matter important for Council to have. in the audience. was anyone present in the audience and present any information felt There was no comment from anyone At 7:23 p.m. the Mayor adjourned the meeting to a Study Session in the Employees' Lounge regarding the 1988-1993 Financial Plan of the City. Respectfully submited,