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MINUTES Page 8 City of San Leandro City Council and San Leandro Redevelopment Agency Joint Meeting~ctober 20, 2008 Public Comments on Item 10.B.: Barry Luboviski, representing the Building Trades Council, addressed the City Council, commenting that labor representatives would support the ENRA, if an amendment was made to paragraph 19, subparagraph (iii), excluding the clause "use reasonable best efforts to," which they felt was confusing. Mr. Luboviski stated that labor is hopeful for a successful and productive working relationship with the developer, and he requested that the Council consider the proposed amendment to the ENRA. Wei-Ling Huber, representing iINITE HERE Local 2850, addressed the City Council, stating support for the amendment to the ENRA language as described by the previous speaker, and commenting that members of Local 11 in Southern California have a successful partnership with Cal Coast. Ms. Huber commented on the need for a good working partnership and an agreement that ensures workers' right to organize. Ana Mercado, San Leandro resident and member of i11vITE HERE Local 2850, addressed the City Council, through an interpreter, stating that she works for a concession vendor at the Oakland Airport, which requires that workers be paid a living wage. Ms. Mercado stated that she became ill and was hospitalized, and her medical bill exceeded $44,000. Ms. Mercado commented that she and her coworkers decided to organize, and they now have good health benefits. Art Javier, representing iJNITE HERE Local 2850, addressed the City Council, stating that he is a union shop steward at the Claremont Resort. Mr. Javier expressed support for the City's project, but with concerns. He urged the City Council to consider inclusion of a labor harmony clause in its agreement with the developer, which gives workers a voice on the job, and promotes a sustainable workforce. Mr. Javier commented on a five-year labor war between workers and the Claremont's operator, KSL Recreation, over the right to organize. End of Public Comments on Item 10.B. Councilmember Prola moved adoption of the resolution, with an amendment to paragraph 19, subparagraph (iii), to read, "Developer shall meet with labor union and trade organization representatives and shall negotiate terms that will promote labor harmony with respect to the construction and operation of the Project." City Attorney Williams commented that this is the first step in the process of negotiating and entering into a development agreement and associated agreements with Cal Coast. She indicated that language related to labor harmony would be also be negotiated, and incorporated into the development agreement. Ms. Williams stated that the "best efforts" language proposed by the City is a legal standard that is measurable, enforceable and appropriate. She added that the language proposed by labor would also be appropriate, if acceptable to the developer.