►
Description
San Bruno Special City Council Meeting November 15, 2012 Whole Meeting
trt 20 minutes
A
A
We
do
have
one
announcement
this
evening.
There
will
not
be
a
city
council
meeting
on
the
fourth
Tuesday
in
December.
The
only
regular
city
council
meeting
in
December
will
be
held
on
December
11
2012
presentations,
who
do
have
one
presentation
this
evening
and
that
is
to
present
a
proclamation
to
Marian
Wilson
silvestri,
sanburne,
Ariz,
Orson,
Recovery
Center
and
they
have
played
such
a
huge
part
in
an
hour.
A
And
whereas
the
funding
assistance
with
the
peninsula
healthcare
district,
Marian
established
with
the
San
Bruno
recess
and
recovery
center
to
host
a
wide
range
of
services
for
residents
and
serve
as
a
meeting
place
for
community
groups
and
whereas
for
over
two
years,
Marian
selflessly
dedicated
to
significant
energy,
talent
and
compact,
and
to
assisting
residents
of
the
crust
more
neighborhood
to
rebuild
their
lives
and
homes
and
whereas
Marian's
leadership
and
the
results
she
achieved
toward
the
communities.
Full
recoveries,
providing
a
long,
lasting
benefit
to
san
bruno
and
now.
A
Therefore,
a
Jim
Irwin
mayor
of
the
city
of
San,
Bruno
and
speaking
on
behalf
of
the
entire
city
council
and
all
of
our
citizens,
do
hereby
recognized.
In
extender
sincere
appreciation
to
Marion
Wilson's
of
vestry
for
her
initiative
or
effort
and
a
compassionate
support
to
the
residents
of
San
Bruno
I
do
know
that
Marion's
not
with
us
this
evening.
She
is
at
a
new
location,
I
believe
she.
F
B
F
I
started
off,
she
was
the
external
relations
officer
and
when
she
retired
the
first
time,
I
was
hired
into
her
position
and
then
she
was
called
back
into
service
during
the
San
Bruno
gas
line
explosion.
I
talked
to
her
a
few
days
ago.
She
said
she
misses
san
bruno,
she
misses
the
residents
and
if
any
of
you
are
ever
in
North
Carolina
to
please
stop
by
for
mint
julep-
and
you
say
hello,
you
are
always
welcome,
so
I'll
be
sure
that
she
receives
this
award.
The
Red
Cross
is
remaining
here
in
San
Bruno.
F
A
Thanksgiving
if
she
wants
right,
tell
her
thanks
much
appreciate
it
review
of
the
agenda.
We
have
any
issues
with
the
agenda
and
he
okay
approval
of
the
minutes
of
the
special
city
council
meetings
of
october
nine,
twenty
third
and
29
2012
in
regular
city
council
meeting
of
october
23rd
2012,
any
errors
changes,
submissions,
seeing
them
that
be
approved
as
submitted
consent,
calendar
all
items
are
considered
routine
or
implement
an
earlier
council
action
and
may
be
enacted
by
one
motion.
A
There
will
be
no
separate
discussion
unless
requested
by
a
council,
member
citizen
or
staff
action
on
the
consent.
Calendar
move
to
a
poop
second
motion.
Second,
the
question:
all
in
favor
aye
public
hearing
there
aren't
any
public
hearings
this
evening.
Number
nine
is
public
comment
and
items
that
are
not
on
this
agenda.
It
is
the
council's
policy
to
refer
matters
raised
in
this
forum
to
staff
for
investigation
and
ER
action
where
appropriate.
The
Brown
Act
prohibits
accounts
from
discussing
are
acting
upon
any
matter
not
agendized
pursuant
to
state
law.
E
E
E
A
A
E
A
You're
there
I
see
you
okay,
yeah.
Thank
you
all
right.
So
any
other
public
comment
go
to
write.
A
into
conduct.
Conduct
of
business
first
is
a
adopt
a
resolution
authorizing
the
city
manager
to
accept
all
title
to
real
property,
to
accept
dedication
of
roads
into
the
city
street
system
and
to
execute
escrow
and
other
documents
for
property
transactions
relating
to
the
grade
separation
project.
Mr.
D
The
map
on
the
bottom,
the
more
complicated
and
therefore
more
difficult
to
read.
Map,
unfortunately
shows
all
of
the
transactions
we
did
do
our
best
with
a
lot
of
help
from
the
engineering
department
to
try
to
make
them
as
legible
as
possible.
But,
as
you
can
see,
there's
there's
a
whole
series
of
things
that
are
that
are
happening,
but
here's
the
brief
summary.
In
brief.
The
JPB
gets
the
property
it
needs
for
the
grade.
D
Separation,
artichoke
Joe's
gets
reconfigured
parking
and
the
city
gets
clear
fee
title
to
the
50
foot,
width
of
huntington
avenue
and
the
sidewalk
at
no
cost,
plus
the
reconfigured
Angus.
All
those
things
are
going
to
be
occurring
as
part
of
the
great
separation
project,
so
escrow
between
all
of
the
parties
is
ready
to
close
on
all
of
these
various
property
transactions
and
there's
no
money
coming
to
the
city
and
there's
no
money
going
from
the
city.
This
is
at
no
charge
to
the
city.
D
The
first
of
a
couple
of
actions
that
we're
going
to
ask
the
City
Council
to
take
as
the
great
separation
project
moves
toward
completion
are
the
ones
tonight
and
those
tonight
are
to
request
authority
for
the
city
manager
and,
if
appropriate,
in
some
cases,
the
city,
man,
the
city,
attorney,
to
sign
all
of
the
documents
that
are
necessary
to
close
the
transaction.
So
what
does
that
include?
It
includes
accepting
the
conveyance
of
Huntington
and
Angus
and
dedicating
them
for
public
street
use.
That's
one
of
the
things
we're
asking
you
to
do
tonight.
D
It
also
includes
issuing
what
are
called
certificates
of
compliance
and
a
finding
of
exemption
to
artichoke
Joe's.
Those
are
for
the
parcels
it's
going
to
use
for
its
lots
and
they
wanted
assurances
from
the
city
that,
once
those
Lots
were
created,
they
wouldn't
somehow
violate
our
general
plan
or
local
zoning
ordinances
and
we've
determined
that
they
don't.
We've
also
determined
that,
in
an
exemption
under
the
government
code,
they
don't
need
to
file
a
parcel
map
for
those
those
properties.
None
of
those
actions
confer
any
development
rights
to
artichoke
Joe's.
D
It's
just
a
ministerial
act
that
the
city
can
take.
We're
also
requesting
this
evening
that
the
city
council
approve
the
curb
cuts
in
the
artichoke
Joe's
parking
lot,
so
they
are
assured
of
access
into
their
loss
and
those
curb
cuts
are
shown
approximately
in
the
locations
that
they're
they're
going
to
be
on
the
maps.
D
Now,
while
it's
not
part
of
this
action,
staff
has
had
some
discussions
with
the
railroad
agency
about
the
future
use
of
the
former
station
for
potential
parking
and
other
uses
with
the
nearby
lions
field
and
park
areas,
and
we
made
mention
of
that
in
the
staff
report.
We
will
report
back
to
you
about
that
at
a
at
a
future
date.
So
that
concludes
my
staff
report.
Staff
recommends
that
you
adopt
the
resolution
and
I'd
be
happy
to
answer
any
questions.
Any
questions
of
mark.
A
C
You
honorable
mayor
members
of
the
City
Council,
as
you
are
aware,
the
city
currently
contracts
with
CalPERS
to
provide
retirement
benefits
to
its
employees.
We
provide
benefits
at
a
2.7
at
55
formula
for
our
miscellaneous
employees
and
a
three
percent
at
50
formula
for
safety
employees.
During
the
course
of
recent
negotiations.
One
of
the
items
that
the
city
has
been
working
towards
is
getting
a
provision
within
those
negotiated
agreements
for
second
tier
retirement.
C
We
have,
at
this
point
in
time
reached
agreements
with
four
of
our
six
bargaining
units,
including
fire
management
employees,
association
miscellaneous
in
the
mid
management
unit.
One
complication
during
the
course
of
recent
negotiations
on
this
topic
is
the
passage
of
Assembly
Bill
340.
The
pension
reform,
which
you
heard
about
previously
from
our
city,
attorney
at
some
detail
that
basically
I'm
picking
on
you.
E
C
Which
establishes
new
retirement
formulas
for
new
employees
into
the
CalPERS
system
after
january?
First
2013,
the
caveat
is
the
way
new
employees
are
defined,
and
so
the
pension
reform
defines
new
employees
as
employees
that
are
new
to
calpers.
What
are
not
the
boys
that
are
not
covered
our
new
employees
to
san
bruno
that
are
coming
from
another
calpers
agency.
C
Under
the
pension
reform
legislation,
those
employees
would
be
coming
into
san
bruno
at
the
current
formula,
so
the
2.7
at
55
and
the
three
at
50
establishing
a
second
tier
with
calpers,
would
allow
those
new
employees
to
San
Bruno,
but
coming
from
another
CalPERS
agency
to
come
in
at
a
two
percent
at
55
formula
for
miscellaneous
and
a
three
percent
at
55
formula
for
safety.
Now,
because
of
this
pension
reform,
CalPERS
is
requiring
that
all
contract
amendments
be
finalized,
be
in
place
by
December,
30th
2012.
C
Their
view
of
this
legislation
is
that
after
that
date,
there
are
no
more
contract
amendments
with
CalPERS.
So
this
is
essentially
the
window
that
we
have
to
operate
within
is
to
execute
this
contract
amendment
in
that
time
frame.
So,
in
order
to
proceed
with
the
contract
amendment,
we
first
have
to
adopt
the
resolution
of
intent,
which
is
the
item.
That's
before
you
tonight.
C
That
essentially
says
that
we
intend
to
amend
our
contract
with
CalPERS
in
doing
that,
we
have
to
disclose
a
number
of
items,
one
which
is
the
disclosure
of
the
cost
savings
that
will
come
from
the
establishment
of
the
second
tier
and
those
were
included
in
the
council
packet
and
are
available
also
for
the
public
to
look
at
the
decreases
in
the
miscellaneous.
Employer
rate
will
occur
as
new
employees
are
hired
into
the
second
tier.
So
at
this
point
in
time
is
difficult
to
estimate
what
the
true
savings
will
be.
C
However,
they
will
occur
sometime
beginning
in
2015-16,
and
the
new
employee
contribution
rate
would
be
seven
percent,
rather
than
the
eight
percent
that
employees
currently
pay
for
the
2.7
and
55
for
the
fire
unit.
The
cost
valuation
report
provides
that
the
new
employer
contribution
rate
would
be
20
point
nine
percent,
as
opposed
to
the
thirty
six
point,
six
percent
that
we
are
currently
paying
for
existing
fire
employees.
C
However,
it's
the
it's
not
as
it
seems
is
not
as
sixteen
percent
savings,
because
there
are
certain
factors
that,
as
new
employees
are
hired
into
the
new
tier,
the
rate
for
the
old
tier
will
continue
to
increase.
So
in
actuality.
These
savings
is
estimated
to
be
just
one
point:
eight
percent
at
this
point
in
time
for
fire
employees,
so
in
order
to
move
forward
with
the
actual
contract.
C
And
so,
while
we've
reached
the
agreement
with
the
fire
unit,
which
includes
the
majority
of
employees,
we
do
have
to
also
reach
an
agreement
and
we
are
working
towards
a
side
letter
of
agreement
or
something
along
those
lines
to
include
those
two
battalion
Chiefs
that
are
in
the
public
safety
pin
management
unit
and
then,
similarly
for
the
miscellaneous
pers
unit,
we
have
the
agreement
of
the
majority
of
employees.
However,
we
do
have
miscellaneous
pers
employees
as
part
of
the
POA.
We
have
clerks
and
dispatchers.
C
So
basically,
tonight
you'd
be
adopting
the
resolution
of
intent.
We'd
wait
20
days,
and
these
current
schedule
would
be
to
if
we
reach
agreements
with
those
two
bargaining
units
on
this
matter,
we
would
move
forward
with
a
adoption
of
an
urgency
ordinance
at
the
first
meeting
in
December,
because
it
does
have
to
be
active
in
in
place
by
December
30th.
So
the
only
way
for
that
to
occur
would
be
through
an
urgency,
ordinance
good.
A
A
E
A
A
B
A
E
E
A
E
E
E
A
You
don't
have
to
worry
about
high-rises
there.
All
right,
Thank
You
rose.
You
all
right.
Item
number
11
will
be
going
into
closed
session
conference
with
a
legal
counsel,
existing
litigation
pursuant
to
government
code,
section
54,
956,
a
point:
9a
names
of
the
cases,
the
California
Public
Utilities
Commission
order,
instituting
investigative
matters,
112,
Oh,
1071,
1102,
16
and
1
1111
9,
California,
Public,
Utilities,
Commission
rulemaking
matter
are
11
to
19,
so
we're
going
to
go
into
closed
session,
but
before
that,
I
do
want
to
wish
everyone
a
behalf
of
the
entire
council.