1992-08-03 Special CC MinutesMINUTES OF SPECIAL MEETING OF THE ALAMEDA CITY COUNCIL
AUGUST 3. 1992
The Meeting convened at 5:32 p.m., with President Withrow
presiding. Councilman Arnerich led the Pledge of Allegiance.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas,
Roth, and President Withrow - 5.
Absent: None.
AGENDA
92-557 Special Public Hearing and Determination by the City
Council on the Merits of the Impasse with the Firefighters
Regarding the City's Proposed Ballot Measure on Binding Arbitration
for Firefighters and Voter Approval of Such Binding Arbitration
Awards.
President Withrow stated the intent of the meeting is to determine
if there are appropriate merits of the Impasse with the
Firefighters regarding the City's proposed ballot measure on
binding arbitration for Firefighters and voter approval of such
binding arbitration awards.
John Hughes, Alameda, stated he was appearing for Austris Rungus,
City's representative, at negotiating table; the result of the meet
and confer sessions is an Impasse; the fundamental issues at the
negotiating table which led to the Impasse were: 1) what is
arbitrable, and the City's position is that only salary is
arbitrable while the Firefighters' position is that many other
issues are; and 2) the taxpayers' right to ratify any additional,
financial burden that might be placed on the City as a result of an
arbitrator's award; and requested Council approve staff
recommendation to place City's intitiative on the ballot in
November, thus allowing citizens a choice between the City's and
Firefighters' initiative.
Mr. Hughes stated there is no obligation under law to meet and
confer over the Firefighters' initiative; there is an obligation to
meet and confer over the City's initiative.
Vincent Maloney, Danville, Captain, Alameda Fire Department,
International Association of Fire Fighters representative, stated
progress was made and ideas exchanged in meet and confer sessions,
the Firefighters' initiative has a stronger no-strike clause than
the City's initiative and Firefighters should have arbitration in
all areas that concern their job; the biggest problem is the
definition of a financial burden on the City as it is not specific
and leaves too much to interpretation, Firefighters object to some
comparisons the City's initiative uses which they do not believe
relate to Alameda Firefighters; if the people vote for the City's
initiative, with the confusing language, they would be giving the
City more power to tax than it currently has.
August 3, 1992
Councilmember Roth questioned if a person circulating a petition
must be a registered voter and the City Clerk stated she believed
so but would check the Election Code.
Councilmember Camicia requested the City Clerk also check if people
who circulate Petitions must be residents of the jurisdiction in
which the initiative will be voted upon.
Councilmember Lucas inquired if the circulators were checked
[during examination].
The City Clerk responded the Registrar of Voters did the
[signature] examination and is sure that was part of the process;
and will check with the Registrar.
President Withrow stated Council's charge is to determine merits of
the Impasse between the Fire Fighters' Association and the City
with respect to the meet and confer process.
The Personnel Director agreed and added the recommendation includes
that Council hold a hearing, which is accomplished, decide the
merits of the Impasse, and if Council moves the recommendation,
Council would adopt the substance of the measure as set forth.
President Withrow clarified the Recommendation includes [Findings]
Numbers One, Two and Three, in staff report, page three.
Councilmember Camicia moved the recommendation including the three
findings; stated the most important finding is No. 2A [the
taxpayers' right to ratify any arbitrator's financial award which
might impose an additional financial burden upon the Citizens of
Alameda] and Council must put the [City's] measure on the ballot
[at the next regularly scheduled Council Meeting]. Councilmember
Lucas seconded the motion which carried by unanimous voice vote -
5.
NEW BUSINESS AND UNFINISHED BUSINESS
92-558 Councilmember Lucas inquired if the matter of the Car Wash
[Repeal of Resolution Nos. 12287 and 12288 pertaining to the
General Plan Diagram for 2329 Buena Vista Avenue and Council's
approval of Use Permit for a Car Wash at Buena Vista Avenue and
Park Street] could be agendized for a Special Council Meeting so
Council can decide whether a Measure could be placed on the
November 3, 1992, ballot; and noted the Meeting must meet the
[Election] deadline(s).
President Withrow stated he would call for the Special Council
Meeting.
The City Manager explained the matter must be placed on the agenda
this week and [related Resolution] filed with the Alameda County
Registrar of Voters by August 7th.
August 3, 1992
Following brief Council discussion, President Withrow inquired into
the noticing process for a 7:30 p.m. meeting on Tuesday night
[August 4]; the City Clerk responded notice could go out to the
press by 7:30 p.m. following adjournment of meeting.
The City Attorney stated she could have a resolution ready for the
Special Meeting.
Council agreed, and President Withrow announced, that the Special
Meeting would be held at 8:30 p.m., on Tuesday, August 4th.
Councilmember Lucas stated someone would be designated to write a
Ballot Argument on behalf of the Council.
ADJOURNMENT
There being no further business to come before the Council,
President Withrow adjourned the meeting at 5:55 p.m.
ReFpectfully sub *tept,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance in accordance
with the Brown Act.
August 3, 1992