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#5 Consider appointments to Sidewalk Advisory Committee CITY MANAGER’S MEMORANDUM May 14, 2012 TO: City Council FROM: Eric J. Levitt SUBJECT: Appointments to Sidewalk Advisory Committee Request The City Manager has evaluated a variety of ways to provide a recommendation for a citizen committee with the constraints placed on the recommendation of having the recommendation before the City Council in 9 to 14 days. Summary On April 30, 2012 the City Council approved a motion to suspend the order on the placement of sidewalks in Zone 1 & 2 with additional direction to bring back a recommendation of a committee. The function of the committee will be to bring back a recommendation to the City Council at the first meeting in July for the placement of sidewalks in Zones 1 & 2. The Committee will be further tasked with bringing back a recommendation on the 2013 program within 120 days and bringing back a recommendation on the entire program by the beginning of March, 2013. In conjunction with the City Council’s direction, I am bringing back a proposed committee. The committee would be comprised of 8 to 10 individuals. Seven members would be recommended by each City Council member (1 member recommended by each City Council member), one individual recommended by the City Manager, and an additional two members would be City Council members, if the Council chooses to appoint two Council members to the committee. Not all of the individual City Council member th recommendations have been provided to my office as of May 9, so the names will be th distributed separately on May 11 . Based on the fact that I as City Manager believe that this committee should work more on a consensus based approach rather than a majority voting approach, I am providing an even number of committee members. City Manager Recommendation I am providing a recommended committee as directed by the City Council. However, I have several concerns with the timelines. 1. I am concerned with the amount of time to meet the first deadline. Even if it is met, there is potential that construction may not be able to fully occur this year due to noticing timelines creating a short window for construction to occur. 2. This approach takes the same plan and breaks it into elements without necessarily providing the opportunity to look at the plan comprehensively and determining whether another approach should be taken. 3. It has been suggested that I should try to get something in the paper the week of th May 7 so individuals could volunteer for the committee. I chose not to do this because I felt it was too short a response timeline and provided more a perception that we are reaching out for public involvement rather than providing more time for public involvement or ability to volunteer. Another approach that was offered is a concept of Interest Based Bargaining. This approach would take longer, but I believe may provide opportunity for a positive result at the end of the process. I am providing a brief overview of this concept: Interest-Based Bargaining Are you looking for an alternative to traditional collective bargaining? Interest-Based Bargaining (IBB) is a different way to negotiate. In the right situation, it is an alternative, replacing traditional positional bargaining with a process of joint problem-solving. A Different Way to Negotiate Known by many names and practiced in many variations and settings: Win-Win Bargaining, Mutual Gains, Principled or Interest-Based Negotiation, Interest-Based Problem Solving, Best Practice or Integrative Bargaining. No matter which variation is used, Interest-Based Bargaining (IBB) may offer parties more flexibility than traditional bargaining, not locking them into predetermined issues and bargaining positions. Instead, the process begins with understanding the problem and identifying the interests that underlie each side’s issues and positions. When everyone understands the interests and concerns that lead a person or group to take a position on an issue, they often find that some of those interests are mutual, that both sides at the table are trying to achieve the same goal, just taking different approaches. And they frequently discover that what at first appear to be competing interests are not really competing at all. Dealing with each other in this way makes it possible to generate and consider options to satisfy particular interests that may never have been considered before. The Principles of Interest-Based Bargaining Parties who participate in IBB have learned that agreements tend to address issues in more depth than those reached using traditional techniques because they are the result of a process aimed at satisfying mutual interests by consensus, not just one side’s interests at the expense of the other. And because negotiators are dealing with each other on a different level, the results usually go beyond immediate issues to address longer term interests and concerns. Interest-based bargaining is a process that enables traditional negotiators to become joint problem-solvers. It assumes that mutual gain is possible, that solutions which satisfy mutual interests are more durable, that the parties should help each other achieve a positive result.