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' City of san tins osispo
SPECIAL MEETING OF THE CITY COUNCIL
Monday, March 10, 2014
Special Meeting — 9:00 a.m.
Council Chamber, 990 Palm Street
San Luis Obispo, California
CALL TO ORDER
A Special Meeting of the San Luis Obispo City Council was called to order on
Monday, March 10, 2014 at 9:00 a.m. in the Council Chambers, located at 990
Palm Street, San Luis Obispo, California, by Mayor Marx.
ROLL CALL
Council Members
Present: Council Members Dan Carpenter, Kathy Smith, Vice Mayor Carlyn
Christianson, and Mayor Jan Marx
' Council Member
Absent: None
City Staff
Present: Katie Lichtig, City Manager, Christine Dietrick, City Attorney,
Michael Codron, Assistant City Manager, and Anthony Mejia, City
Clerk, were present at Roll Call.
CLOSED SESSION
City Attorney Dietrick requested a Closed Session to discuss the item listed on
the Closed Session agenda.
A. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation, Pursuant to
Government Code § 54956.9
City of San Luis Obispo v. CBS Outdoor, Inc., San Luis Obispo Superior
Court Case No. CV 130172
B. CONFERENCE WITH LEGAL COUNSEL — Existing Litigation, Pursuant to
Government Code § 54956.9
San Luis Obispo Police Officers Association v. City of San Luis Obispo,
Case No. LA -CE -729 -M
City Council Meeting Minutes — March 10, 2014
Page 2
PUBLIC COMMENT ON CLOSED SESSION ITEMS
City Attorney Dietrick reported that an Administrative Law Judge has issued a 1
ruling related to an unfair practices charge filed by the City Police Officers
Association related to the Council's decision to place Measures A and B on the
ballot for voter consideration of the retirement provision and repeal of binding
arbitration; explained that the judge has ruled that the City failed its obligation to
"meet and consult" under the Meyers Millas Brown Act and that the remedy is to
rescind the action to place Measure B on the ballot and to reinstate binding
arbitration into the Charter, noted that neither Council nor staff have the ability to
amend the Charter without voter approval and therefore there are ramifications to
implementing the remedy ordered; advised that the Council may appeal the
decision to the PERB Board and then to a court via an extraordinary writ which is
subject to discretion by the court.
Carroll McKibbin, San Luis Obispo, pointed out voters overwhelmingly supported
rescinding binding arbitration from the Charter; urged Council to take all
necessary actions to support the will of the voters and to appeal the PERB
decision.
Michelle Tasseff, San Luis Obispo, stated that residents have a right to protect
the economic viability of the City and to rescind binding arbitration; urged Council
to appeal the PERB decision. '
Dan Hinz, San Luis Obispo, voiced disappointment that the PERB would make a
decision that would overturn the results of a lawful election; urged Council to
appeal the decision.
Gordon Mullin, San Luis Obispo, urged Council to support the rights of the
citizens to rescind binding arbitration and to appeal the PERB decision.
Fred Vemacchia, San Luis Obispo, asserted that unions have misused binding
arbitration and urged Council to appeal the decision.
John Grady, San Luis Obispo, urged Council to defend the electorate and to
appeal the decision; opined that the voters placed binding arbitration into the
Charter and therefore have a right to repeal it.
Tim Williams, San Luis Obispo, urged Council to appeal the decision.
Ermina Karim, San Luis Obispo Chamber of Commerce, urged Council to take all
necessary actions to retain local control; noted that the Chamber opposes
binding arbitration.
Paul Brown, San Luis Obispo, asserted that if Council does not support an
appeal, then the community will not support a renewal of Measure Y.
City Council Meeting Minutes — March 10, 2014 Page 3
Andrew Carter, San Luis Obispo, spoke in support of appealing the decision,
1 noting that appeal is likely to cost less than reinstating binding arbitration; voiced
opposition to accepting any settlement related to the matter.
Terri Main, San Luis. Obispo, stated that the Council has a responsibility to
uphold the will of the voters; opined that the election was conducted properly and
that overturning the will of voters would be precedent setting.
Eric Meyer, San Luis Obispo, voiced support for appealing the decision.
John Ewan, San Luis Obispo, summarized the history of Measure A and B;
opined that binding arbitration is not right for the community.
There was no one else desiring to speak and the Council recessed to the Closed
Session at 9:28 p.m.
REPORT FROM CLOSED SESSION
City Attorney Dietrick reported that Council provided direction as to settlement
negotiations for CBS Outdoor but no further action was taken and Council on a
motion by Council Member Carpenter, second by Council Member Smith, carried
1 5 -0, to direct staff to file a statement of exception with the Public Employment
Relations Board (PERB) and authorize the expenditure of up to $10,000 of
General Funds to support the appeal.
ADJOURNMENT
The City Council adjourned at 10:27 a.m.
APPROVED BY COUNCIL: 04/15/14
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