HomeMy WebLinkAboutMinutes - City Council - 1978-06-28192
City Council, Adjourned Regular Meeting
Police Dept. & Council Chambers Bldg.
Redding, California
June 28, 1978 12:00 Noon
The meeting was called to order at 12:10 P.M. by Vice Mayor Fulton with
the following Councilmen present: Gard, Kirkpatrick, Pugh, and Fulton.
Absent: Mayor Demsher
Also present were City Manager Brickwood, Assistant City Manager Courtney,
City Attorney Murphy, Director of Planning and Community Development Harris,
Police Chief Whitmer, Personnel and Labor Relations Director Reynolds,
Electric Superintendent Mix, and City Clerk Brayton.
EXECUTIVE SESSION
At the hour of 12:10 P.M., Mayor Fulton declared an Executive Session for
the purpose of discussing matters pertaining to personnel and labor relations.
At the hour of 12:35 P.M., the meeting was reconvened.
Vice Mayor Fulton asked Councilman Pugh to report on the decision reached
during the.Executive Session with respect to personnel agenda items before
Council today.
Councilman Pugh reported that in reviewing SB 154 and in discussing the
bill with the City Attorney and other legal authorities, it appears from
the language of the bill that any attempt by Council to enter into a con-
tract that may be in excess of what state employees are granted would create
a null and void contract. He noted that in one part of the bill the language
is phrased to indicate the restriction applies only when the City accepts
State money; however, in the next paragraph the language is precise in stating
that "Any contract between a local public agency and an employee organization
which provides for a cost of living salary increase to local public agency
employees in excess of such increase provided for state employees is null
and void, and such contract is hereby declared to be reopened and subject to
new negotiation." Thus, it appears that if the City deems to make payments
under the new contract and such payments are in excess of increases provided
for state employees, the contract becomes null and void and the City could be
sued by taxpayers for making a gift of public funds. Mr. Pugh said that
Council feels that the negotiations were fair, just, and reasonable but,
under the circumstances, Council does not believe it can go forward and
ratify the memorandums of understanding; the State Legislature has stripped
the Council of its ability to negotiate.
Mr. Pugh stated it is hoped that the City will receive some delineation as
to what the language really means and what the Governor is going to do with
respect to state employee salaries before July 10. If such salary increases
are in the range of what the City has proposed, there is no problem. If they
are less, the City will be in the position of going back to the bargaining
table, or the solution will come by a decision of the Court as to what the
language means.
Because of the aforestatedproblems, Councilman Pugh said he would like to
present a resolution that basically resolves that all of the resolutions and
the ordinance contained in the City Attorney's agenda items 10-12(a) through
10-12(q) would be deemed to be retroactive and become effective as of June
25, 1978, when, and if subsequently adopted.
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
Resolution No. 78-99 be adopted, a resolution of the City Council of the
City of Redding declaring that Resolutions No. 78-100 through No. 78-115
and Ordinance No. 1395, pertaining to Personnel and Labor Relations and
the 1978-79 Budget, shall be effective June 25, 1978, if enacted subsequent
to July 1, 1978 and before July 1, 1979.
Voting was as follows:
Ayes: Councilmen - Gard, Kirkpatrick, Pugh, and Fulton
Noes: Councilmen - None
Absent: Councilmen - Demsher
Resolution No. 78-99 is on file in the office of the City Clerk.
URGENCY ITEM - Application of Frontier Airlines
City Attorney Murphy reported that immediately prior to this Council
meeing he received a telephone call from Mayor Demsher from Washington,
D.C. regarding Frontier Airlines service to Redding Municipal Airport.
According to Mr. Demsher and Jim Carr, it appears that it has become
necelssary for Frontier Airlines to file a new application with the Civil
Aeronautics Board, which requires resubmission of documents by the City
if we are to support this application the same as we did the original 1I
appllication. Mr. Murphy asked for authorization to prepare the necessary
documents and authorization for the Mayor or Vice Mayor to sign said
documents in support of said new application. He stated that if the new
app 111ication makes substantive changes in the terms of services set forth
in the original application he would deem that he had no authority to
proceed.
Councilman Pugh asked if it was known why a new application is being
required.
Mr. Murphy replied that he would presume it is a procedural matter.
Vice Mayor Fulton declared this matter an urgency item.
MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick
authorizing the City Attorney to prepare the necessary documents in
support of Frontier Airlines new application for service to Redding
Municipal Airport, providing there are no substantive changes in said
application, and authorizing the Mayor or Vice Mayor to execute said
documents. The Vote: Unanimous Ayes
ADJC)TJRNMRNT
There being no further business, at the hour of 12:50 P.M., Vice Mayor
Fulton declared the meeting adjourned.
APPROVED:
Z,/�
Vice Mayor
ATTEST:
City Clerk /f
193