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HomeMy WebLinkAboutResolution 1997-39 . . RESOLUTION 97-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROPOSING AMENDMENTS TO THE CITY CHARTER AND DIRECTING SAID AMENDMENTS TO BE SUBMITTED TO THE ELECTORS OF THE CITY WHEREAS, pursuant to the Charter of the City of Gilroy Section 1505 and Government Code section 34458, the City Council is authorized to propose amendments to the Charter and submit said amendments to the electors of this City for ratification; and WHEREAS, the City Council desires to propose amendments to the Charter to delete provisions held unlawful by the courts or by law, and to update duties of the Parks and Recreation Commission and the City Administrator, and to update certain Charter provisions; and WHEREAS, the existing Charter provisions proposed for amendment are Sections 608, 703, 911, 1004, 1101 and 1109. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GILROY as follows: Section I. Pursuant to law, this City Council proposes the herein described amendments to the Charter of the City of Gilroy and directs that the herein described amendments shall be duly submitted to the electors of said City for ratification at a Special Municipal Election, said election to be consolidated with the general municipal election to be held on November 4, 1997. Section II. To delete provisions of the Charter held unlawful by the courts or by State law, the Charter is proposed to be amended as follows: (a) By amending subsection (c) Section 608 so that Section 608 of the Charter shall read in its entirety as follows: Section 608. Effective Date of Ordinance. No ordinance adopted by the Council shall become effective until thirty (30) days from and after the date of its adoption, except the following, which shall take effect -1- RESOLUTION NO. 97-39 LAC\344358,01 77-062404706002 . . upon adoption: (a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some law or procedural ordinance; (c) An ordinance declaring the amount of money necessary to be raised by taxation or fixing the rate of taxation if allowed under state law; (d) An emergency ordinance adopted in the matter provided for in this Article; (e) An ordinance annexing areas to the City; or (f) An ordinance providing for a tax levy if allowed under state law or appropriation for the usual current expenses of the City. Section 608 currently reads as follows: Section 608. Effective Date of Ordinance. No ordinance adopted by the Council shall become effective until thirty (30) days from and after the date of its adoption, except the following, which shall take effect upon adoption: (a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some law or procedural ordinance; (c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property; (d) An emergency ordinance adopted in the matter provided for in this Article; (e) An ordinance annexing areas to the City; or (f) An ordinance providing for a tax levy or appropriation for the usual current expenses of the City. (b) By deleting subsection (a) of Section 1004 so that Section 1004 of the Charter shall read in its entirety as follows: Section 1004. Prohibitions. (a) No officer or employee of the City and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription or contribution, whether voluntary or involuntary, for any municipal political purpose whatever from anyone on an eligible list or holding any position in the Competitive Service. (b) Sec. 1. Declaration of Policy. It is hereby declared to be the policy of the City of Gilroy that strikes by firefighters and police officers pose an imminent threat to public health and safety and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes. Sec. 2. Prohibition Against Strikes. No City of Gilroy police officer or firefighter employee, employee union, association or organization shall strike or engage in such concerted economic activity against the City of Gilroy. Disputes unresolved by negotiations should be resolved by the arbitration procedure set forth herein. Any such employee who fails to report LAC\344358.01 77-062404706002 -2- RESOLUTION NO. 97-39 . . for work without good and just cause during said negotiations or who aids, abets or encourages strikes, or other such economic activity against the City of Gilroy during such time shall be subject to disciplinary action, including, but not limited to termination from the City of Gilroy employment, subject to the provisions of this Charter, the City's Personnel Rules and Regulations and lawful procedures. Sec. 3. Obligation to Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire and police department employee organizations on all matters relating to the wages, hours, and other terms and conditions of the City employment including the establishment of procedures for the resolution of grievances submitted by either employee organization over the interpretation or application of any negotiated agreement including a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire or police department or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department or police department bargaining unit shall be eliminated or changed. Sec. 4. Impasse Resolution Procedure. All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City and either the fire or police department employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute. Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of seven (7) to act as the third arbitrator, they shall alternatively strike names from the list of nominees until only one name remains and that person shall then become the third arbitrator and Chairman of the Arbitration Board. Any arbitration convened pursuant to this article shall be conducted in conformance with, subject to, and LAC\344358.01 77-062404706002 -3- RESOLUTION NO. 97-39 . . governed by Title 9 of Part 3 of the California Code of Civil Procedure. At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment including, but not limited to, changes in the average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award. After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten day period, the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award. The expense of any arbitration convened pursuant to this article, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses. Section 1004(a) currently reads as follows: Section 1004. Prohibitions. (a) No. person holding any position in the Competitive Service, or on an eligible list, shall take an active part in any municipal political campaign or contribute thereto on behalf of any candidate, nor shall such person seek signatures to any petitions seeking to advance the candidacy of any person for any municipal office. Nothing in this section shall be construed to prevent any such persons from seeking election or appointment to public office. Upon becoming a candidate for public office any such person shall request and shall be granted a leave of absence, without pay, to remain in effect during the period of time such person is a candidate. (b) No officer or employee of the City and no candidate for any City office shall, directly or indirectly, solicit any assessment, subscription or contribution, whether voluntary or involuntary, for any municipal political purpose whatever from anyone on an LAC\344358.01 77-062404706002 -4- RESOLUTION NO. 97-39 . . eligible list or holding any position in the Competitive Service. (c) Sec. 1. Declaration of Policy. It is hereby declared to be the policy of the City of Gilroy that strikes by firefighters and police officers pose an imminent threat to public health and safety and should be prohibited, and that a method should be adopted for peacefully and equitably resolving disputes that might otherwise lead to such strikes. Sec. 2. Prohibition Against Strikes. No City of Gilroy police officer or firefighter employee, employee union, association or organization shall strike or engage in such concerted economic activity against the City of Gilroy. Disputes unresolved by negotiations should be resolved by the arbitration procedure set forth herein. Any such employee who fails to report for work without good and just cause during said negotiations or who aids, abets or encourages strikes, or other such economic activity against the City of Gilroy during such time shall be subject to disciplinary action, including, but not limited to termination from the City of Gilroy employment, subject to the provisions of this Charter, the City's Personnel Rules and Regulations and lawful procedures. Sec. 3. Obligation to Negotiate in Good Faith. The City, through its duly authorized representatives, shall negotiate in good faith with the recognized fire and police department employee organizations on all matters relating to the wages, hours, and other terms and conditions of the City employment including the establishment of procedures for the resolution of grievances submitted by either employee organization over the interpretation or application of any negotiated agreement including a provision for binding arbitration of those grievances. Unless and until agreement is reached through negotiations between the City and the recognized employee organization for the fire or police department or a determination is made through the arbitration procedure hereinafter provided, no existing benefit or condition of employment for the members of the fire department or police department bargaining unit shall be eliminated or changed. Sec. 4. Impasse Resolution Procedure. All disputes or controversies pertaining to wages, hours, or terms and conditions of employment which remain unresolved after good faith negotiations between the City and either the fire or police department employee organization shall be submitted to a three-member Board of Arbitrators upon the declaration of an impasse by the City or by the recognized employee organization involved in the dispute. Representatives designated by the City and representatives of the recognized employee organization involved in the dispute, controversy or grievance shall each select one arbitrator to the Board of Arbitrators within three (3) days after either party has notified the other, in writing, that it desires to proceed to arbitration. The third member of the Arbitration Board shall be selected by agreement between the two arbitrators selected by the City and the employee organization, and shall serve as the neutral arbitrator and Chairman of the Board. In the event that the arbitrators selected by the City and the employee LAC\344358.01 77-062404706002 -5- RESOLUTION NO. 97-39 . . organization cannot agree upon the selection of the third arbitrator within ten (10) days from the date that either party has notified the other that it has declared an impasse, then either party may request the State of California Conciliation Service to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of seven (7) to act as the third arbitrator, they shall alternatively strike names from the list of nominees until only one name remains and that person shall then become the third arbitrator and Chairman of the Arbitration Board. Any arbitration convened pursuant to this article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. At the conclusion of the arbitration hearings, the Arbitration Board shall direct each of the parties to submit, within such time as the Board may establish, a last offer of settlement on each of the issues in dispute. The Arbitration Board shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms with those factors traditionally taken into consideration in the determination of wages, hours, and other terms and conditions of public and private employment including, but not limited to, changes in the average consumer price index for goods and services, the wages, hours, and other terms and conditions of employment of other employees performing similar services, and the financial condition of the City and its ability to meet the cost of the award. After reaching a decision, the Arbitration Board shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Arbitration Board shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten day period, the parties may meet privately, attempt to resolve their differences, and by mutual agreement amend or modify any of the decisions of the Arbitration Board. At the conclusion of the ten day period, which may be extended by mutual agreement between the parties, the decision of the Arbitration Board together with any amendments or modifications agreed to by the parties shall be publicly disclosed and shall be binding upon the parties. The City and the recognized employee organization shall take whatever action is necessary to carry out and effectuate the award. The expense of any arbitration convened pursuant to this article, including the fee for the services of the Chairman of the Arbitration Board, shall be borne equally by the parties. All other expenses which the parties may incur individually are to be borne by the party incurring such expenses. (c) By deleting subsection (c) in Section 1101 so that Section 1101 of the Charter shall read in its entirety as follows: Section 1101. Budget: Preparation and Submission. At LAC\344358.01 77-062404706002 -6- RESOLUTION NO. 97-39 . . least thirty (30) days prior to the beginning of each fiscal year, the City Administrator shall submit to the Council a proposed budget for the ensuing fiscal year. The budget shall provide a complete financial plan for the budget year. It shall include the following: (a) An itemized statement of estimated income and revenues from all sources for the year which the budget is to cover; (b) An itemized statement of the proposed expenditures recommended by the City Administrator for each office, department, or agency for the year which the budget is to cover; and (c) Such other information as the City Administrator may deem essential, or as the Council may require. Section 1101 currently reads as follows: Section 1101. Budget: Preparation and Submission. At least thirty (30) days prior to the beginning of each fiscal year, the City Administrator shall submit to the Council a proposed budget for the ensuing fiscal year. The budget shall provide a complete financial plan for the budget year. It shall include the following: (a) An itemized statement of estimated income and revenues from all sources for the year which the budget is to cover; (b) An itemized statement of the proposed expenditures recommended by the City Administrator for each office, department, or agency for the year which the budget is to cover; (c) The probable amount required to be levied and raised by property taxation; and (d) Such other information as the City Administrator may deem essential, or as the Council may require. Section III. To update provisions of the Charter relating to duties of the City Administrator and the Parks and Recreation Commission, the Charter is proposed to be amended as follows: (a) By amending subsections (f) , (g) and (j ) of Section 703 so that Section 703 of the Charter shall read in its entirety as follows: Section 703. Powers and Duties. The City Administrator shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Administrator shall have the power and be required to: (a) Take a continuing interest in the effectiveness and economy of all administrative arrangements throughout the City; (b) Insure that administrative activities with which two (2) or more departments are concerned are effectively coordinated; (c) Appoint, suspend, discipline and/or remove, LAC\344358.01 77-062404706002 -7- RESOLUTION NO. 97-39 . . subject to the provisions of this Charter, all officers and employees of the City except that department heads shall be appointed and removed with the consent of the Council. This sub-section shall not apply to those department heads and officers whose appointment is vested by this Charter in the Council. The City Administrator may authorize the head of any department or office to appoint or remove subordinates in such office; (d) Prepare the budget annually, submit it to the Council, and be responsible for its administration after its adoption; (e) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding year; (f) Make and execute, on behalf of the City, contracts involving Council-appropriated expenditures, and bids or proposals approved by the Council; (g) Establish a purchasing system to meet the needs of all City offices, departments and agencies; (h) Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to him seem desirable; (i) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced; (j) Submit periodic reports to the Council covering significant activities of City agencies, offices and departments under his supervision and significant changes in administrative rules and procedures promulgated by the City Administrator; (k) Submit special reports in writing to the Council in answer to any requests for information when requested of him by the Council; and (1) Perform such other duties consistent with this Charter as may be required of him by the Council. Section 703 currently reads as follows: Section 703. Powers and Duties. The City Administrator shall be responsible to the Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Administrator shall have the power and be required to: (a) Take a continuing interest in the effectiveness and economy of all administrative arrangements throughout the City; (b) Insure that administrative activities with which two (2) or more departments are concerned are effectively coordinated; (c) Appoint, suspend, discipline and/or remove, subject to the provisions of this Charter, all officers and employees of the City except that department heads shall be appointed and removed with the consent of the Council. This sub-section shall not apply to those department heads and officers whose appointment is vested by this Charter in the Council. The City Administrator may authorize the head of any department or office to appoint or remove subordinates in such office; LAC\344358.01 77-062404706002 -8- RESOLUTION NO. 97-39 . . (d) Prepare the budget annually, submit it to the Council, and be responsible for its administration after its adoption; (e) Prepare and submit to the Council as of the end of the fiscal year a comprehensive report on the finances and administrative activities of the City for the preceding year; (f) Make and execute contracts on behalf of the City involving budgeted or appropriated expenditures of One Thousand and Five Hundred and no/100ths ($1,500.00) Dollars or less. (g) Establish a centralized purchasing system for all City offices, departments and agencies; (h) Keep the Council advised of the financial condition and future needs of the City and make such recommendations on any matter as may to him seem desirable; (i) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced; (j) Submit a monthly report to the Council covering significant activities of City agencies, offices and departments under his supervision any significant changes in administrative rules and procedures promulgated by him; (k) Submit special reports in writing to the Council in answer to any requests for information when requested of him by the Council; and (1) Perform such other duties consistent with this Charter as may be required of him by the Council. (b) By amending Section 911 so that Section 911 of the Charter shall read in its entirety as follows: Section 911. Parks and Recreation Commission: Established: Powers and Duties. There shall be a Parks and Recreation Commission consisting of seven (7) members, which shall have the power and duty to: (a) Act in an advisory capacity to the Council and the City Administrator in all matters pertaining to recreation and parks; (b) Review the annual capital improvement budgets for parks and recreation facilities and makes recommendations to the City Administrator and the Council; (c) Formulate and recommend to the Council and City Administrator policies for the acquisition, development and improvement of all parks and recreational facilities; (d) Formulate and recommend to the Council and the City Administrator a recreation program for the City which will enhance the quality of life for all the residents of the City. Promote and stimulate interest in these programs, and solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies; (e) Administer the street tree program; (f) Advise the Council and City Administrator with respect to offers of donations of money, personal property, or real estate to be used for parks and recreation purposes; and (g) Perform such other duties relating to park and LAC\344358.01 77-062404706002 -9- RESOLUTION NO. 97-39 . . recreation matters as may be prescribed by the Council not inconsistent with the provisions of this Charter. Section 911 currently reads as follows: Section 911. Recreation and Parks Commission: Established: Powers and Duties. There shall be a Recreation and Parks Commission consisting of seven (7) members, which shall have the power and duty to: (a) Act in an advisory capacity to the Council and the City Administrator in all matters pertaining to recreation and parks; (b) Consider the provisions of the annual budget for recreation and park purposes during the process of the preparation of the budget and make recommendations with respect thereto to the City Administrator and the Council; (c) Formulate and recommend to the Council and the City Administrator a recreation and parks program for the inhabitants of the City which will contribute to the attainment of general recreational objectives for children and adults of the City, promote and stimulate public interest therein, and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein; (d) Formulate and recommend to the Council and the City Administrator policies for the acquisition, development and improvement of parks and playgrounds and for the planning, care and removal of trees and shrubs in all parks, playgrounds and streets; (e) Recommend to the Council and the City Administrator as to the acceptance or rejection of offers of donations of money, personal property or real estate to be used for recreation and park purposes; and (f) Perform such other duties relating to recreation and park matters as may be prescribed by the Council not inconsistent with the provisions of this Charter. (c) By amending Section 1109 so that Section 1109 of the Charter shall read in its entirety as follows: Section 1109. Contracts for Public Projects. Every project involving an expenditure of City monies of more than Thirty-Five Thousand Dollars ($35,000) for the construction or improvement of public buildings, works, drains, sewers, utilities, parks and streets (exclusive of projects for maintenance and repair of streets) shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids. The Council may reject any and all bids, if deemed excessive or unsatisfactory and readvertise for bids, or provide for the work to be procured in the open market, but in no case of open market procurements shall be price paid be higher than the responsible low bid rejected. The Council, without advertising for bids, following the adoption of a resolution declaring that the project can be performed more economically by day LAC\344358.01 77-062404706002 -10- RESOLUTION NO. 97-39 . . . . . . labor, or the materials or supplies furnished at a lower price in the open market, may have the project done in the manner stated without further complying with the provisions of this section. Section 1109 currently reads as follows: Section 1109. Contracts for Public Projects. Every project involving an expenditure of City monies of more than the amount set forth in Section 37902 of the Government Code of the State of California as it now exists or hereafter may be amended shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids. The Council may reject any and all bids, if deemed excessive or unsatisfactory and readvertise for bids, or provide for the work to be procured in the open market, but in no case of open market procurements shall be price paid be higher than the responsible low bid rejected. The Council, without advertising for bids, following the adoption of a resolution declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market, may have the project done in the manner stated without further complying with the provisions of this section. PASSED AND ADOPTED this 23rd day of June, 1997 by the following vote: AYES: COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON and SPRINGER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: VALDEZ APPROVED: ---;?lien... t.o W, 0/-' - Thomas W. Springer, - - Mayor Pro Tem ~. Rhonda Pellin, Interim City Clerk LAC\344358.01 77-062404706002 -11- RESOLUTION NO. 97-39 . . . . . . I, RHONDA PELLIN, Interim City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 97-39 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 23rd day of June, 1997, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 25th day of June, 1997. ~~ Interim City Clerk of the City of Gilroy (Seal)