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Nicole Goehing, representing ABC (Associated Builders and Contractors, Inc) and Government Affairs Director of the Golden Gate Chapter, a nonprofit trade association that is predominantly non-union, spoke against a growing deceptive practice by construction unions called "greenmail" or "environmental permit interference" to coerce developers to agree to union and prevailing wage work for construction in California. She opined the objections are not about the environment, but are about discrimination tactics to control the project in the form of union only project labor agreements; and, they are without merit, would increase the costs of the project, and is an abuse of the regulatory process as legal blackmail that needs to be exposed. She asked Council to approve the project as beneficial and to approve a resolution against these types of lawsuits, and encouraged private developers to resist "greenmail." James Rui Gomez, representing the International Union of Painters and Allied Trades union, said to not be fooled by what the union stands for and related how he had worked for one of the ABC (Associated Builders and Contractors, Inc) contractors that lacked benefits such as health care and pension. He asked for a simple wage floor and setting it at the prevailing rate. M/S Seybert/Gee to close the Public Hearing. Motion carried 6-0 by voice vote with Council Member Foust recused. The Mayor announced the Council would take a five-minute break at 8:50 p.m. The Council resumed at 9:00 p.m. with Council Member Foust recused. Council Discussion: The City's environmental consultants addressed the Council, noting that all comments submitted were responded to. The consultant provided specific details on traffic issues such as daily trips at peak hours. Council also requested information on the air quality issue and its methodology. Mr. James Wright, consultant for the City, and air quality expert explained the screening analysis conducted. The year of the baseline was discussed and the consultant provided details on why 2008 was selected as the baseline year. Other questions were posed about the traffic on EI Camino Real. The storm water issue was discussed and the consultant provided details. The methodology used was discussed and one Council Member asked for clarification. The consultant noted that the methodology was the same, the only difference being on how the breathing rates were applied. One Council Member inquired about parking standards for this project. Mr. Ekern said that this is in compliance with current codes and zoning. This Council Member addressed the appellant regarding the issue of prevailing wages and what is the gap befinreen non-prevailing wage and prevailing wage. Mr. Nack explained that each craft has a different prevailing wage and the gap could vary greatly. He noted that he had met with the developer but they were not able to reach an agreement. This Council Member posed a question to the applicant related to the commitment to local labor. Ms. CITY COUNCIL February 13, 2012 MEETING MINUTES PAGE 13 MINUTE BOOK NO. 64 Page No. 46