UnGovr Transcript
iHow this transcript is madeUnGovr transcribes the official recording with automated speech-to-text, separates speakers by voice, and matches voices to the seated roster. Names and attributions are AI estimates and may contain errors.Verify any quote yourself: click anywhere in the transcript and the official video jumps to that exact moment, so you can check any quote against the recording.0:03 – 0:064 turns
I'd like to call to order the December 2nd, 2022 special meeting of the Santa Barbara County Board of Supervisors here in the Santa Barbara Hearing Room. Madam Clerk would you call the roll please?
Roll call, called by Clerk of the Board
Show transcript
And Madam Clerk, do you have any announcements today?
Chair Hartman and members of the board. I do have some announcements this morning. I would like to remind the public who are participating in our meeting today of the board's method of public participation for the Board of Supervisors methods of public participation and to provide public comments on general public comment or an item on the board's agenda. Please see page two of the agenda. Members of the public can attend meetings in person Both in Santa Barbara and in Santa Maria board hearing room chambers. The board is following all local and state guidelines, and are no longer requiring face covering indoors. Please be advised that the public health department is still encouraging all county staff and members of the public to mask and socially distance themselves in crowded areas.
Individuals that like to provide verbal public comment virtually may do so via Zoom by registering in advance via the link available on page two. After registering, you receive a confirmation email containing important information about joining the virtual meeting. Once the chair has announced the item you want to comment on, please join the meeting with the information provided in the registration confirmation email. You will be placed on mute until it's your turn to speak. The clerk will call you by name. When you're removed from mute, you will hear notification that your line has been unmuted. If you're using a touch-tone phone, you may need to press star six to unmute yourself. Each person may address the board for up to three minutes at the discretion of the chair.
If you have any questions, please contact the Clerk of the Board's office at 805-568-2240. That concludes my announcements for today.
Thank you and the first item of business is closed session. County Council would you let us know what we're going to do and how long you expect
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it'll take? Thank you, Madam Chair. The board is scheduled for one item in closed session public employee appointment under government code section five four nine five seven and it's for director of Public Health and I believe the estimate is one hour.
CEOs Miyasato is it? Is it one hour? We can estimate what our I believe yes OK so 1015 is when we would return Thank you, we're recessed to closed session. Convening after closed session the December 2nd, 2022 special meeting of the Santa Barbara County Board of Supervisors here in the Santa Barbara Hearing Room. County Council would you report out from closed session please?
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Thank You Madam Chair members of the board. The board met in closed session on what item public employee appointment for Director of Public Health and took no reportable action.
Thank you and now is the time for general public comment Is there anyone who would like to speak on matters not on today's agenda but within our jurisdiction madam clerk?
Chair Hartman and members of the board we have no request to speak for general public comment.
All right then turning to departmental item number one, the only item on our agenda today Director McAulpin oh sorry clerk first so eager to get started would you read that into the record please?
Chair Hartman and members of the board, department item number one is from the County Executive Office Public Works Department Board of Directors Flood Control and Water Conservation District, Board of Directors Water Agency, Board of Directors Laguna Sanitation District and Board of Directors Fire Protection District. It is a hearing to consider recommendations regarding the development of a county community workforce agreement resolution and project template.
Thank
you, CEO Misato. Chair Hartman and board members we're pleased this morning to present to you this item and as the clerk read it's a proposal before you of the countywide community workforce agreement resolution and a project template. As you know this has been a long time coming and as you know your staff has been working Diligently for some time to present to you a balanced agreement with public benefit and also that would not reduce competition And that's what we believe. We've brought to you today, but before we begin the presentation I do want to give a heart well Heartfelt thank-you to all of those on the negotiating team from the county board Johanna Hartley from the County Council's office, Chris Sneddon from Public Works and Patrick Zurofsky from General Services.
And of course the Public Works Director Scott McGolpin and from the TCBT team Martin Rodriguez, Joshua Medrano, Henry Vandernat and also two board members who helped us in the Ad Hoc Committee Supervisors Williams and Chair Hartman so with that I'll hand it over to Mr. McGolvin
Thank you CEO Miyasato. Good morning Madam Chair and board members, thank you for having us today We'll we'll start our presentation this morning by reviewing the potential benefits of a community workforce agreement or CWA that will refer to during this presentation So as your board knows the CWA is contractually binding negotiated agreement between a project owner in the building and construction trade units unions CWAs are used in the construction industry to set the terms and conditions of employment on large expensive projects of long duration and design complexity, which means multiple trade crafts involved with building the project.
CWA's allow for the expeditious resolution of disputes that may arise in the course of a big project and they also provide benefits to the local community by including jobs and training opportunities for disadvantaged workers, and really in general all workers. And on public projects, all applicable statute or state and federal bidding statutes and regulations must be followed. And as CEO Miyasato mentioned our goal from day one has been to deliver to your board a balanced agreement That maximizes bidders, which in turn increases competition and gives us the low prices that we enjoy on the projects that we build today. And I believe the draft resolution of the template CWA that's before you today meets that objective.
So let's spend a few minutes looking at the legislative history for this round of CWA negotiations. In April 2019, your board directed staff to draft an ordinance governing the use of CWAs on public projects. In August 2021, your board directed our staff to utilize the CWA that the City of Santa Barbara had successfully negotiated with TCBT as the county's base CWA.
You also directed us to negotiate agreement terms within that document to maximize the number of bidders on county projects in the future, whereby maximizing competition and local labor participation. Earlier this year in February your board directed staff to negotiate a CWA with TCBT with direction to use option one of the four options we provided that day.
Fast forward to today, your negotiating team at TCBT are delivering a draft balance CWA for your consideration today. So as I mentioned in February staff provided four options for consideration by your board option one was chosen and option one specifically included all the staff's agreement point enhancements clarification of exclusions both in the maintenance and the emergency areas Include a rebid provision if the bids came in too high, and to apply a potential CWA in our county to projects over $10 million. So with that direction your negotiations team based on that focus direction continued our negotiations with TCBT And primarily over the timeframe since then, we focused on conceptual approval of about a half dozen critical agreement points where typically CWA development breaks down.
And this slide on the screen right now if you look at the left side that shows the critical agreement points I'm talking about and on the right side are what we negotiated with TCBT so I'll just take a moment and hit those high points. On core workforce, that's the number of workers that a non-union contractor could bring to the job when they are low bidder. And we essentially mirrored the city of Santa Barbara's core worker formula. They had two formulas in there. We took the local contractor formula and what that does is it allows the non-union contractor to bring three employees and then they go on a one-to-one ratio up to nine total employees And then once they get to 10 employees, all those employees are dispatched to the job from the union halls.
And the one-to-one ratio would be one from the union hall and another nonunion contractor. All off-site fabrication in our CWA is exempt. So when we need concrete, asphalt or any other types of material that would be exempt from the conditions included in the CWA. Professional services if the County of Santa Barbara hires professional services they would be exempt from the CWA but if the contractor building the job were to hire professional services like a surveyor or materials tester or construction inspector then that would be considered a covered craft It would be part of the CWA.
This document will exclusively use the Union Apprenticeship Programs, they have some fabulous training programs and we want to take advantage of that through this agreement. There would be no union dues required by non-union contractors when they bid on this job utilizing the CWA. And then if you recall from our past discussions here at the Board This next item is a big item, union benefits for non-union contractors and employees. We spent a lot of time with TCBT discussing that issue and last week TCBT made a big concession which really allowed us to be here today They accepted the county's terms for this particular agreement point. So, there'll be three options as far as benefits are concerned for non-union employees. They could take union benefits if they like.
They can continue taking non-union benefits if they have those today or they could continue taking cash benefits in lieu of actual benefits so we thank TCBT for moving on that particular item. And the master labor agreements, those will be included in this CWA. However we do have language in there that the CWA will supersede any potential conflicts that may exist between an MLA and the County of Santa Barbara's agreement.
Other items just as important as the critical agreement points and making a balanced CWA for For our county's use are shown on this slide. I'll spend a couple minutes Just going through that so in the exclusions category Clarifications to work types for repair maintenance and replacement of existing infrastructure Needed to be made recall we're using the city of Santa Barbara's agreements, so The public infrastructure between the City of Santa Barbara and the County of Santa Barbara is a little bit different.
They have harbors, we don't so we had to take that type of language out. So we modified the agreement to match our specific public infrastructure. Disaster response and emergency work will be excluded as your board knows. Emergency opening work and debris removal work needs to happen immediately and we really can't slow that process down. That's excluded from the CWA.
As directed by your board in February, we did include a rebid provision and that's included in the resolution before you today. And what it says is exactly I believe what we have on the screen. If the project needs to be rebid due to bid results being an excess of the engineer's estimate, it is in the department's discretion to rebid the project without the template CWA.
Exploration date staff recommends mirroring the city of Santa Barbara's for a five-year term And we also included language in there since this is the very first time. We're going to roll out a CWA In the resolution that says that staff will come back on an annual basis during this five year term to report on the effectiveness of the CWA we're bringing before your board today. So on an annual basis, we can talk about some of the high points and how we're doing as far as meeting local labor criteria or what have you on these jobs. And we can make adjustments. We can adjust course at those annual updates as far as the agreement is concerned so we can get the CWA exactly the way we need it here in Santa Barbara County to be successful. And quite frankly, it can end up being another tool in our toolbox when it comes to putting projects on the street.
The administration of the CWA is the responsibility of the County of Santa Barbara and we will do that through a new position called the Community Workforce Coordinator so we'll have to hire a position for that. And then as far as the effective date is concerned, if everything is approved today we're setting the effective date as April 1st 2023 and the reason we're doing that is because a few things have to happen between now and then.
So TCBT would have to take the CWA back and it needs to be fully executed by 100% of their affiliates right? Because Everyone under that TCBT umbrella doesn't approve of this agreement Then the language in the CWA to avoid labor strife slowdowns things like that That won't happen. So that was kind of what happened in 2014 if you remember The board conceptually approved a PSA, but TCBT was able to get all of the affiliates except for one to sign it. So we never really got the implementation on that PSA and I know TCBT is here today and they can report on their thoughts are getting 100% of their affiliates to sign this agreement while that's occurring At the same time, the county will need to create specifications that include the language and the conditions from the CWA in our bid documents.
We'll also need to onboard a community workforce coordinator for administration of the CWA. And then we'll actually include it in bid documents for projects that meet the criteria For the CWA and our hope is we'll be back here around this time next year Reporting on a few projects with the use of a CWA Next next screen is simply a copy of all the recommendations that are in your board package today for the sake of time this morning I will not reread it I'd like to reiterate the thanks that CEO Miyasato put out there. You know, TCBT team's been great to work with always available for us and very productive team to put this agreement together. County team has been fabulous. Johanna, Chris and Patrick you know we all have full-time jobs so most of this work was done in the evenings and weekends and I thank them for that effort and to our board temporary ad hoc committee thank you for your participation as well.
Think at this point that concludes our presentation and we're all available to your board for questions
Okay, so it's back to the board any questions at this time Supervisor Lavinino
Thank You madam chair you talked about the on-board coordinator, and I'm just curious Cost of the county on that is there any discussion about cost sharing? And how that I mean we're gonna be hiring a new employee I Or a team of employees?
Madam Chair, Supervisor Labnido, that's correct. We'd probably need to hire an FTE like a project team leader or enterprise leader or somebody along those lines. Somebody with experience in the construction industry for both vertical and flat construction because we do have projects on the horizon that are both buildings and transportation flood control type projects so yes.
And then, you know I know there's people we've been dealing with this for years and years. There's people that are probably watching this for the first time if you can just kind of explain on that thank-you slide there. We're including three of the four folks that are kind of involved in this it's us TCBT and the ad hoc committee but the other folks 80% of the contractors being nonunion were they part of this discussion? And how did how do we you know What kind of conversations did you have and how are you bringing their points of view into your ad hoc subcommittee meetings?
Madam Chair, Supervisor Lavanino. In 2014 we had a robust stakeholder participation process so we did not this time but the lessons we learned in 2014 we brought to this document as well as we went through the process. We're close to where we were in 2014. We didn't get everything we got in 2014 But we're pretty close to the conceptual PSA that That we were able to bring to you then so
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and if I might add that a number of contractors Approached me, and I did indeed go conduct site visits and speak with them. I'm sure the same is true with Supervisor Williams
It is, and obviously the biggest issue that has been brought up in the past was the payment by non-union workers of union benefits which this document makes a significant concession on.
Supervisor Nelson?
Yes thank you Chair Harmon. A question going back to the FTE when did do you say that was gonna be onboarded or when would that have to because that position be created is that next budget cycle
Madam Chair, Supervisor Nelson yes that's correct. So we'll have to kind of work through the CEO's office and set some money aside for that position long term.
And that would be paid for by county general fund dollars? Correct. Do we have an estimate on what that dollar amount might be?
Madam Chair, Supervisor Nielsen as I mentioned project team leader enterprise leader we haven't worked with HR on that yet but we want to get an experienced project manager.
Part presentation The term is contract. This is actually binding I guess maybe this question for County Council when we enter the CWA are there outs during that? Contract period for the county if at some point we determine that it's not You know, it's no longer satisfying the goals of the CWA Is that you know We often have a termination for convenience and a lot of the contracts in agreements we do in the county
Madam Chair and Supervisor Nielsen the term of the agreement is five years, so it doesn't include the typical termination cost But there is the re-bid option that was included that Mr. McGulpin went over
So as far as a CWA It'd be locked in once it was agreed upon for five years no matter what there's finding the hands of future boards
Madam Chair and Supervisor Nielsen, yes. I mean you can always amend a contract and then your board's also considering a resolution today and that resolution could be amended so there are some options during the time period.
Could that be unilaterally amended?
No no it would be a two-party amendment to a contract.
Going back to slide The exclusions, the other considerations, if we can get that slide up there for a moment. Mr. McAulpin? Could you expand on the exclusions, the clarifications to work types for repair maintenance and replacement of existing infrastructure?
Madam Chair, Supervisor Nielsen. Sure I mean if we were going to go out and overlay a road not at any capacity that would be considered a maintenance project. If you're gonna put a new roof on the building that's a that's a maintenance project that type of thing so you're building a new building then that would be a CWA eligible type project. So does that answer your question?
I think that's it for right now. I might have some other questions later.
Okay, Supervisor Labanino?
Just one more question this one's for County Council and it's about the MLAs so there was some concern in the past regarding we don't really know what's in those but I did notice that there's something in the resolution that basically says that anything that's in that MLA that is doesn't meet state or federal law I just want to make sure that you're comfortable with that language, that you feel that covers us.
And what's our liability at that point?
Members of the Board, Supervisor Lavendino. Yes we did add language to mitigate that concern. We were concerned because we don't have all of the terms of the Master Labor Agreements and those could change over time so we just wanted to make sure that we were very clear that we would continue to comply with all state and federal laws. And
you're comfortable with that language then protects us? Okay yes thank you.
Madam Clerk how many public comments do we have?
Chair Hartman, members of the board we have 12 requests to speak for this item.
All right well let's start public comment then.
We will start with on zoom with Andy Caldwell to follow by Nicole Goring.
Mr. Caldwell?
Madam chair, members of the board, Andy Caldlell representing Colab. Over our 30 years we've had pretty much every construction union on our board So we support unions, we think their apprentice programs are great. We have the member companies are in collab so we're not anti-union in any way shape or form. I first off want to say thank you because we know this could have been a lot worse.
So we do think the Public Works Director, his staff And the Building Trades Council for being willing to negotiate on many of these issues or absolute deal killers for the private sector, non-union that is. However this still is a solution in search of a problem. We believe that your number one priority fiduciary and others wise is local hire. That should be your number one priority.
If a union company can't fill the jobs with local residents, then that should ameliorate the requirements here. It should be local hire. Should be your number one goal here. And then obviously we hope that you keep the rebid provision that it would be open to anybody, all comers. We wish the dollar amount was higher And we wish there was more leniency on some of the other apprentice programs such as that, like with the National Black Contractors.
Again, we also acknowledge that some of the larger buildings and larger construction projects are done by out-of-area contractors. And so a CDWA works and makes sense in those situations. But again, we want local hire And we wish that the construction industry, the non-union would have been able to sit at this table. But we thank the staff for what they've done. Thank you.
Thank you Mr. Caldwell.
Next we have Nicole Goring followed by Eric Christian.
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Good morning Chair Hartman and members of the Santa Barbara County Board of Supervisors. Nicole Gehring with Associated Builders and Contractors Northern California Chapter and Central Coast We've been advocating for our apprentices and our workforce to be able to work on project labor agreements for 17 years now. And I thank you for the work that you've done on this, I think you can go a little bit further to increase the threshold to 20 million because like the previous speaker said it is imperative that your local community be building these projects. That's who you need to prop up, that's who needs to get the experience I think it's important to understand that there are so many people into the industry. And when you put the restrictions on, on the apprenticeship, for programs such as ours, you can't bring anybody into construction.
You're restricting them to just one pipeline and those pipelines aren't always open. So there needs to be options and pipelines for people to go because people have different needs I still believe that, I think that all of the people located in Santa Barbara County should be able to work. All qualified workers should be able to work on these projects not just three of them or six of them I'm going to go ahead and turn it back over to you.
If there's a threshold on the projects going to affect the subcontractors and even the union generals are going to lose some of their contract reliable contractors who happen to be both Union and non-union. So those are some suggestions to make it better and to include your entire community, thank you for your time. Thank you
next we have Eric Christians followed by Pamela Shaw.
Thank you. My name is Eric Kristen on the executive director of the Coalition for fair employment and construction were statewide organization that was formed by Union and non-union construction companies 24 years ago solely to oppose project labor agreements. First and foremost, I want to thank all the supervisors that took time to meet with the local non-union construction industry to hear their concerns. That will be all the supervisors except Supervisor Hart which is quite telling, I would say being the chief proponent of this wasn't even willing to meet with people who were opposed to including those whose businesses reside within his district. I also want to thank staff for doing away with some of the most egregious provisions union dues, the union contributions The rebid, I can't emphasize enough how important that is.
The city of Santa Ana down in Orange County just had a project go out to bid and the results were so poor that they are rebidding it without a project labor agreement. The only project that's been bid under Santa Barbara's PLA was 10% over the engineer's estimate and the winning bidder was from Orange County. So that's what you can look forward to should this go forward in its current form.
This was supposed to be about local hire, but the PLA says in Section 3.5.2 that the goal of local hire is at least 50% of all construction labor hours worked on the project shall be from local area residents. But staff says you're already getting 80%. So you're reducing the amount of local hire which is admitted in your own PLA. Why is that? Because you're limiting what you're allowing the contractors who granted don't have to pay into the union pension plans now, but you're only allowing of Vince Lopez and Sons or a Cushman contract to hire a few of their own workers, which doesn't make any sense. You're thereby inviting people from Los Angeles and San Francisco and Fresno to come in and take their place.
All that would be required to get all these people to bid your project, which they've told you they won't even this PLA that's been made more fair, they won't because it limits who can work for them. You're taking them and robbing them of their workforce except for a few employees. If you simply change section 3.3 To include language, it just said if you are a core worker that resides within this local hire area, you can work.
You would have all these companies bidding this. That's all it would require you to do. So I appreciate your time. I appreciate the hard work that's been put into this. It is still a solution in search of a problem at the end of the day. But you've definitely come a long way and I would just ask that you consider making that change because it will save you a lot of heartache down Next we have Pamela Shaw to be followed by Manly McNish.
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Michelle.
Michelle, we have a muted it you on our end. Can you please unmute yourself on your end? OK, will go to Manly McNich and go back to Pamela Shaw afterwards.
Good morning, thank you for your time. I want to thank the board and everyone involved for all the hard work they put in getting this project to a point of finality where everyone can sign off and agree on it. been a lot of hard work put into getting to this point and putting the CWA into effect is going to be, as we all know one of the best and surest ways of assuring that all people get an opportunity to work.
And especially female and various Different races and everything that don't, so they don't get shunned. Everyone's having an equal opportunity to work on projects you got on the majority of these construction projects and you see very few women on the job because they get closed out because there's no mechanisms in place to make sure they're gonna be on the job. And with the CWA that's gonna help remove a lot of those obstacles so everyone can participate.
Thank you very much for your time.
Next we have Pamela Shaw to be followed by Danny Devereux.
Good morning, Chairperson and Board of Supervisors. My name is Pamela Shaw. I am the Engagement Officer First Issue Billers and Contractors in the Northern California Chapter. ABC represents nearly 500 companies both small and large, minority business enterprises, veterans and disabled veterans, business enterprises and women owned businesses across California and the Central Coast. We are the construction professionals that live right here in your community and that are helping to build your community.
We operate state and federally approved apprenticeship programs in painting, plumbing, carpentry, electrical and construction craft labor. We also oversee the training for California American Fire Sprinkler Association. The Project Labor Agreement and Community Workforce Agreement before you this morning is a For years you've operated with a construction bidding policy that ensures fair playing field regardless of labor affiliation and delivered quality workmanship Thank you, Mr. Chair and members of the board.
The Santa Barbara County Board of Supervisors meeting is a joint board meeting with the Santa Barbara County Board of Supervisors. The Santa Barbara County Board of Supervisors meetings are not signatory to the union. For the Santa Barbara County to remain competitive on its projects, it must diversify its workforce and attract significantly more members of minority communities into the industry.
Santa Barbara County benefits will diverse participants including Please do not limit the opportunity for local skilled and trained construction professionals who want to build your communities. Please do not pass this CWA. Thank you for your time. Thank you.
We will now return to Santa Barbara with Danny Devereux, to be followed by Anthony Ventura.
Chair Hartman and board members I'm Danny Devereaux with Cal Portland Construction First, let me thank the county team and the Trades Council for all of the work they've put into the negotiations. I do appreciate addressing some of the concerns that we brought up in I just received this late last Wednesday, a draft of it and it's actually had some minor changes since then.
But from what I see this will still limit participation greatly of merit shop contractors which employ 85 percent of the construction workforce in the county It's unlikely that our company would participate in bidding with this CWA for many reasons including working under union rules such as craft jurisdiction, providing employee names to trades council, taking on pension liabilities mostly due to the safety and efficiency issues of not being able to use our entire team.
Union contractors will still be able to do that which is a huge advantage in bidding work We would risk having some of our dedicated employees sitting at home while union members possibly outside the county working in their place. CWA, as I said, has a huge advantage for union contractors. Let history speak for itself. Any jurisdiction that has incorporated a CWA or PLA has rarely awarded a bid to a non-union Which again, employs 85% of the workforce.
A proposal today sets aside a third of a billion dollars of construction projects over the next five years to be completed under the CWA. This will hurt good standing local merit shop contractors and their employees, decrease competition which is well documented will increase costs. I know you've previously directed staff to negotiate and develop this CWA, and your board has the votes to move ahead. But I urge you to consider some changes on the recommendations you see before you today.
One, increase the affected contract amount to $20 million. This still provides $264 million of the identified projects to be set aside for the CWA. But also provides the opportunity for merit shop contractors to fairly compete against union contractors for the other 96 million. Two, start with a pilot project or two and provide a vehicle for the board to opt out of the remaining projects if problems are seen with the CWA.
Three, incorporate an automatic rebid provision without a CWA if the engineer's estimate is exceeded If there's less than three bidders on a project. Thank you for your time.
Thank you.
Chairwoman, I just had a question. Sure.
Mr. Devereux, can you come back up? Sorry. Hi. I had a quick question for you. I too was frustrated with the fact that I didn't have much time to digest everything that's going on. A lot of work that Cal Portland does at least in my community is maintenance work. Can you, just for my benefit, explain to me what projects that you guys now bid on that you would not be able to bid on?
Looking at this list and I don't know exactly what some of this entails. Not going to
hold
you
to it. I just want to kind of understand a little bit better. And I
apologize for not reaching
back out
to you ahead of time. Yeah we've built new roads in the community so if it's a new road that exceeds the 10 million proposed We would be excluded from being able to, not excluded from bidding it but we would have a significant disadvantage and most likely would not bid it. Earthwork, the levee projects, bridge projects, these type of projects which are included in the identified projects we would have a huge disadvantage in bidding that work.
Okay
thank you.
Next we have Anthony Ventura to be followed by Joshua Majorano.
2:02 – 2:1010 turns
Good morning, County Supervisors. My name is Anthony Ventura. I'm a Special Representative with the Southwest Mountain States Council of Carpenters and work out of Carpenter's Local 805 that covers Ventura, Santa Barbara and San Luis Obispo Counties. We have over 2,000 members locally and 700 members that we have that live and reside in Santa Barbara and shop in Santa Barbara County.
with 62,000 members councilwide. I come before you on behalf of these members in support of this community workforce agreement. We know we know these agreements are good for our communities by bringing good paying jobs opportunities for community residents and helps our local economy with revenue generated from this agreement. I just want to touch on something that the gentleman said before i do the dispatching for the Oxnard PLA And I know I've dealt with at least a half a dozen major contractors from the LA area, Santa Barbara or actually Ventura County area that are non-union and they have done it and they were happy. I can name a few one is Arland Construction. The other one is K&Z Construction, Viola Construction. These are just some of the contractors that I know that I've dealt with personally because I do dispatching And I know how it works as far as the local hire agreements work.
So we are in strong support of it. Thank you for your time.
Next, we have Joshua Medrano to followed by Les Cushman.
Well good morning supervisors What a great day to be up here. My name is Joshua Medrano and I am the Executive Secretary, Treasurer of the Tri-Counties Building and Construction Trades Council. And I'd like to extend my thanks to county staff as well, as well as the watch committee and you supervisors out there for getting us to this point. Now we've all in this room have heard everybody's concerns, really have.
That's why it's taken so long to get to this point. Because we have to weigh everything, not just for a few but for everybody. We feel collectively with the county staffers that although it has taken us close to 14 months that what's in front of you is what's most equitable for the entire community Non-union, union doesn't matter. We like to think that the concessions that were made are evident of a new time and new opportunity.
We understand that this process has not been proven true here but we know that elsewhere other locations, other entities, other organizations, other communities Have all implemented PLAs and CWAs, and have found success. Over the last year of knowing that we were going to get to this point at some time, all that outreach was available to all so that you could hear it from the horse's mouth and not just from the trades.
We appreciate those contractors reaching out in favor and not in favor because let's face it, we need to hear both sides Now, we have to take this back as the building trades. It's now on us. I'd like to tell everybody out there right now that everything in front of you has been vetted, has been looked at and we collectively are standing together in favor of moving forward with the CWA.
The concerns that are out there, we look forward to proving with our actions instead of just our words and asking you to look elsewhere for that information. And instead be able to look here at home, stand back and say this agreement should have been done a long time ago. We look forward to continuing to work together, for this agreement. Appreciate everybody's time, staffers, board members. Thank you.
Next we have Les Cushman to be followed by Lee Cushman.
Morning supervisors. My name is Les Cushman. I work for Cushmann Contracting which started here in 1969.
Would you speak in the mic so we can hear you? We don't want to miss a word. Good morning
Supervisors, my name is Les Cushman. I've worked for Cushman Contracting Corporation which was started in Santa Barbara in 1969. I would ask the supervisors to read the words on your elevator, on the door of your elevator right outside the door here. We value equity and inclusion. Just read it on the way out the door and try to really understand what those words mean. We've all talked about them, look at them a little closer.
You as our local county supervisors are talking about complete discrimination against non-union construction tradesmen Your proposed CWA would only allow for us to bring 10 at the most of our 40 or 50 employees onto a county construction project. Only 10, so what do the other 40 do? They've got to basically go home and they've got wives and children. What did they do? They've been working for us for 10, 15, 20, 30 years some of these people What do they do? They're not gonna join the union.
They've gotta go someplace else. They pay taxes here, but they can't work here. This is completely wrong. Keep in mind these people that I'm talking about have built many of the facilities in this county that you all use from Stearns Wharf to your water sewer plants all over the place. They've done all this work in your county and now they're gonna get shut down Yeah, we hear they can have 10 people. Well what do we do with the other ones like I said?
All these employees came and spoke to you several months ago at one of your meetings and spoke to you why they chose not to be in the union. They simply wanted to be in control of their own pension and their health care plan. That's it no problem. Cushman hires union contractors all the time. We hire union contractors, rebar, electrical, paving, et cetera. We hire them.
We don't discriminate against them. We hire whichever ones give us the best price. This helps to keep local people working. Everybody whether you're a union or non-union it keeps everybody working. It's real simple. If the supervisors really want to be fair to the constituents of Santa Barbara County and get a good competitive bid for their construction projects, simply ask the unions to allow for hiring of non-union subcontractors by union contractors. Mr. Cushman? Yes.
Could you wrap up? That is your time.
Okay. Well I'll just leave it at that. Granite's a prime example out here. They're huge job going on. They're a union contractor but yet there's no local union contractors working for them Huge job, right in your backyard. Thank you.
Next we have Lee Cushman to be followed by Martin Rodriguez which is our final speaker.
2:10 – 2:188 turns
Good morning Supervisors. I'm going to save my thank-yous for the end so I don't run out of time because I would like to thank a few of you supervisors I'm going to get right to the point. We've heard it, we've gotten two pieces of this puzzle solved well and I appreciate that. The last piece of the puzzle we haven't gotten solved is the local participation. That's what this whole CWA is supposed to be about.
And instead, we've got an agreement that only allows 10 at Tradesmen who choose not to be represented by a union. They choose not to. As my brother just said, yeah we'll take them and we'll go out of the county work but why should they have to work out of the county? They pay taxes in this county. They built this county. They live here in this county. Why are they getting discriminated against?
In lieu of what you've written in your document is Your document now goes from a 77% participation rate, which you had before any sort of document down to a 50% goal. Which the union can backfill with employees from anywhere. They can backfill them with employees from Bakersfield, LA like Grant is doing down on that big freeway down there. And so you've created a document which displaces local tradesmen who choose not to be union and is backfilling them The potential to backfill them with union people from out of the community. So how is that increasing our local labor participation? We're going from a 70%, and I think the number that staff gave early on in this discussion was 77% was local participation, and now we're going down to a goal by the unions, a goal not anything actual.
They could get 25% and still keep the CWA. Why is that, how is that fair? It's discriminating against people. It's also discriminating against, you're discriminating against the apprenticeship programs. They're state programs that are just as qualified and just as good as the unions and yet they're not allowed. Why are those young women, men, people of color, why are they disallowed to practice their trade, to learn their trade?
I ask that you do one thing, one last thing And this would make it a fair agreement, I believe. Is you allow any for a contract like yourselves an open shop contractor any of their local trade that's part of the core workforce we can't hire them off the street they got to be part of our core workforce they gotta be in local we give them exempt no matter how many of them we have if we have 15 of them we have 15 if we have 20 we have 20 and then the rest can come from the union that's the fair thing to do That helps the people of this community and it gets your goal of local participation as high as possible.
With that said, I would like to thank Supervisor Williams for sitting down and talking to me. Taking the time out of your day. I know you tried to get to one of our job sites and it just didn't work out for us. And that would have been excellent because you could have talked to our employees. I'd really like to applaud Supervisor Hartman and your staff You got your boots on, you came out to a sewer plant of all places and you took the time to sit under a shade structure between two tool containers and listen to our employees. And I thought our employees did a good job of explaining their problems, their health and it's been addressed. We just got one more thing to address and let them all, all those employees you met give them all the opportunity work on a county job.
They shouldn't have to just...I shouldn't have to sit there and pick between five of them But I thank your staff for coming out and doing that. That was an exceptional event. Mr. Hart, disappointed in you. We are in your district. I've called your office several times. You ignored us. You gave us a couple phone calls back. You're too busy for us.
And that is your time.
I won't go any further. Thank you.
Next we have our final speaker, Martin Rodriguez.
Good evening Board, Supervisors and staff. I just want to thank you for bringing this on the agenda. It's been a long time coming. I think most of the concerns were addressed in all of these negotiations. I understand we will never be able to make everyone happy And our brethren, the Cushmans, they've been around. They're a solid company. I think we will once this thing gets moving forward they will see the benefit. It's like Scott said, this is just another tool in the toolbox that's going to allow the county to not only get more skilled and trade craftsmen built into It's also going to allow the county to use as a tool to get more infrastructure funds for your projects through these new legislation coming out right now. It's going to be huge because it all has that caveat of having a project labor agreement, you'll be able to maximize the funds your county will get.
So I just want to keep it short and I just want to say thank you on behalf of Ironworkers 416 Scott, hey you're a worthy negotiator. Thank you.
That concludes public comment for this item.
All right we're back to the board who would like to go first? Supervisor Hart
Well I just want to thank everybody who's here. This has been a long time coming and we've all been talking about this for a very long time, and I appreciate what Mr. Rodriguez said that you know at the end of the day not everybody is going to be 100% happy but this is not a new innovative public policy intervention. This is something that's been operating around the country in California for many many years And has proven to be successful in delivering good work for good prices and wages. And I think it's, we have discussed this for a very long time that private contractors have spoken with me in the past many times over many years And the time is right for us to take this action. The Board of Supervisors here in Santa Barbara County has been considering this policy since 2014, and I think we should all be proud of the work that's gone on.
The committee, the building construction trades negotiating team, our staff, the ad hoc committee has put in a lot of time, a lot of work to bend this in a way to get us a chance to start and see how the projects work. The City of Santa Barbara has now had their community workforce agreement in place for I think now a couple years And the reports that I get back from Councilmembers, it's been a tremendous success. So I think with time and experience, I'm hopeful that even the Cushmans will come along and see that there are benefits to this project. And I think it's time for us to make a decision and move forward.
2:18 – 2:242 turns
Supervisor Lavenino?
Thank you Madam Chair. Scott could you put up slide one for your presentation please? Just the cover there. When I got this today, or not today when I was looking at this when I first got it, I looked at that design and I didn't know if you were trying to send a message but it's very indicative of where... This thing has been going on since 2014 and it's just like a spirograph. Like I think we've got it figured out. Nope let's go over here, let's go over there, let's go over there. So I thought that was kind of interesting. I don't know if he meant that on purpose or not but that's what I read into it.
Disappointed in one thing for sure today, and that's my favorite public speaker Michael Lopez did not come to the mic so you know very disappointed in that but I will say one of the things is how impressed. I was with both sides today of people vehemently disagree on this issue and I think everybody tried to be constructive. That's always helpful. It wasn't that way back in 2014. I don't know if people just worn down and gotten tired or that we're starting to see what the other side, you know, brings to the table. So, um, I think that's important. Um, I also really want to thank Scott.
He's had this for eight years now, you know? And uh, He was beat up pretty good by both sides and some members of the board, past and present. And everybody's pulling him in a different direction. I was afraid he was going to probably retire before this thing ever got done but that's where we're at now. But so I'm on the different, I see this from a different perspective.
Before I go forward today, I think in 2014 people were throwing a lot of bombs and hand grenades Really trying to blow this thing up and do different things. And I'm not going to do that today because most importantly, I respect that the ad hoc subcommittee removed so many of the really poison pills in this. There were some things that some contractors just paying into union Pension plans and those types of things were just, I really felt patently unfair. And those were removed so you know I'm going to try to temper my remarks and mine's more from just a philosophical difference but I think today I was driving in and I was listening to KUHL radio show in the morning on 1440 and they were talking about the December 7th there's a Veterans Memorial Monument in Santa Maria right outside the Abel Maldonado Youth Center.
We're having an event on December 7th to remember those from the Santa Maria Valley and Guadalupe that have lost their lives in battle and Dave Cross was on there talking about it, and he said that we had two local contractors that had donated all of their time And money to help move and build the monuments these things are huge Lots of concrete work, and he especially called out Vince Lopez & Sons in Cal Portland. Both North County non-union contractors.
These companies along with many others are the backbone of our community. They provide good paying jobs to many of our kids coming out of Santa Maria, Pioneer Valley and Regetti. Many disadvantaged youth have been hired on there just in a starting position And now our outstanding members of our community that are homeowners and taxpayers. But I also see the other side where Union Brothers have educated me too, taken me out. I've gone through the apprenticeship programs at IBW and Plumber Pipe Fitters. They're also great community resources and provide outstanding opportunities for young men and women to begin their careers through that apprenticeship program.
So the way I see it right now is the system's working. And I really don't see any reason to change it. When I first came to this, I thought well will the employees be paid more if we went this way? No because everybody receives a prevailing wage. Will the quality of work improve? That was one of the things that we were talked about when I talked to Scott. We're getting outstanding quality as we are now and we don't really differentiate between union and non-union.
Will it improve local hire? And that was the big thing for me when I first got sold on this, that this is going to be local hire because that would be my number one selling point. If we could, which I found out we can't do legally, is to mandate local hire ordinance but I've been told that we can't do that. I think we already do a good job of hiring locally. I heard 77%, somewhere in the 75 to 80% is local hire already, so then it comes to will this cost the taxpayer more? And I don't see any way that it can. Anytime that you limit, I think it's economics 101, anytime you limit competition, you're going to increase the price.
Now this tool might be useful to avoid labor strife on large projects And that's to be seen, it may. But I'm not totally convinced that that outweighs the possible liabilities we're going to have. Honestly, I just don't see any compelling reason to change the level playing field that I think we're currently working on and playing on. So I really appreciate the work you guys did.
I know how hard it is to be on an ad hoc subcommittee. It can get pretty nasty. So I really do appreciate the work. I don't want to second guess it and say, well, can we change this? Can we change that because then this is an agreement everybody's already reached. And I don' t want to come in and try to throw a monkey wrench in the situation at the last hour because I don''t think that''s helpful. And you guys have already considered all of these things. This is nothing new that I heard today was anything new that was presented so I'm not going to be able to support it but I want both sides to know They both play an invaluable role in our community and I just kind of wish we continued to let us do business the way we're doing it right now.
2:25 – 2:379 turns
Supervisor Williams?
Well, I really appreciate that respect because you know It's natural after a 14-month process when you see a result to go, oh that's pretty good. Why don't we change this? But we can't do that. A 14 month negotiation is a negotiation and both staff and the Board of Supervisors The trades have given a lot, gone way past their comfort zone to get here. And I hope that we look beyond this to see how to make this work, how to show that this is good both for the county and for workers in general. And i mean that sincerely both union and non-union I, you know right now there's a lot of work out there for everybody.
And I think that the provisions in this agreement will ensure that people who want to be scrappy, want to get some work in are going to be able to have work for their full workforces for at least the near term. And I think in the event of You know a downturn in the economy actually affecting that I think we'll see some actual benefits on on local higher and I said, I think really the the time that I See, you know That being Really a hardship for our local folks is if when local folks don't get a good share When things go go go downhill but I think that We're not seeing, strangely, we're not seeing a whole lot of signs of that. I'm sure from Scott's contracting perspective he'd like to have a little more bidders that don't have so many jobs so you can get a good premium on the bids that we put out there but I think We should be looking at this with optimism for the future.
A lot of these apprenticeship classes are bigger than they've been in a long time, and more diverse. We have apprentices that really reflect the community in gender and race and background, and there's hope That we actually might have young people survive. I thought, I knew a baby boomer that was a union electrician in Carpentaria and I thought he was gonna be the last but nope there's new ones younger.
And so despite the hardships of living in this community, the price of living. I hope this is part of a long term solution for young people getting into the trades being able to survive in this community.
Supervisor Nelson?
Yes thank you Chair Hartman You know in February when we had this come before us, you know I was actually at one point I would potentially be on the ad hoc committee before we realized that Supervisor Williams and Supervisor Hartman were already brown acting on this. And so I was outside of that but the reason why I potentially was going to build an ad hoc committee was because I had come to a position where I originally came into CWA saying that's not something I can support.
How far had it come and we're getting very close to be able to create a coalition to get the votes to move forward with CWA. I have a lot of friends on both sides of this union and non-union shop. men and women that have brought me aside and talked to me about what it means for their business or the organization. I've been supported by nonunion contractors, and I've been supported by the trades. And this has been very hard for me to walk this line and try to figure out how to move forward on this issue. You know, I want to be someone who can compromise to deliver a better product for my constituents.
I am very frustrated that I've only had a few days really to digest this. And I understand that's kind of the process that we're going to go down here. You know, even today as I was seeing the presentation there was some new information there that I don't think I fully have vetted personally and have got to the place where I am comfortable moving forward with a five-year agreement.
So right now I believe I'm a no. I'm still wrestling, I'm still making my decision and it's not because I'm against this. I am all for local labor. But I'm not 100% sure that's gonna happen through the CWA. I know we're going to be able to do more with our outreach with our union contractors, but as we all know 80% of our contractors especially North County contractors are non-union and I've heard from some of them that they won't be bidding on some of these county projects. Now the $10 million threshold has done a lot because a lot of our $10 million projects are more or coming from outside the area anyway. Many of our contractors don't have the capacity And so I have to go into working with other organizations.
I do think if I had more time, I could get there. I am still concerned that the re-bid provision isn't strong enough. I think that way I was framing that is it really is a taxpayer protection as well as keeping all bidders honest, right? So there's no collusion, there's no worry about that. If we have a safe, a safety net or an ability to make sure that the taxpayer is protected, that's really great.
I think a department head having that discretion is helpful but it's not a perfect solution. Department heads are sometimes subject to being pressured as much as anybody else. I'd like to see it be a lot more of a transparent and public process so we're gonna accept bids over 10% for this. So with that, I'm a no today Joshua, you challenged us that you would hope that when this has gone through that we will have realized that this was such a good decision that we'll enthusiastically renew this five years from now.
I hope to be here and I hope to be a yes vote five years from now. But as of right now, I don't feel strongly enough to be able to make that leap but I'm going to keep an open heart and open mind as we move forward and work together because I'm not going anywhere and it doesn't sound like you guys are either. I hope that you guys take what I'm saying to heart, that we all have to prove ourselves to each other as we go through this process. And I look forward to observing that and working through with that. Even though I won't be supporting this today, I want to work to make sure that we are providing the best jobs in our community, the most skilled labor.
So that's where I stand. Thank you. Did you want to comment?
Yes, I did. Thank you. Well, I very much am a supporter of collective bargaining as we see in our county. We have union employees and I think it equalizes beyond just the free market the power between different groups. We are a mid-sized County and when we have large complex projects We often have to go to out of county contractors to do it, and that means largely an out-of-county workforce. So this agreement is tailored for large complex projects that as Director McAulpin stated are over $10 million and require many different trade unions to be involved.
So, I think this is a carefully calibrated agreement and the Community Workforce Agreement is a strategy to promote local hire. I know at the jail it was 49% local hire. The most recent report at Point Wainimi says 78%. So, Iím hoping that we aim very high on local hire, that itís going to come in better than what we set as a floor. There have been a lot of claims about project labor agreements and do you get the same number of bidders or are they more expensive? And there's been a lot of academic studies, and I did submit something for the record today that pulls out some of the most recent academic studies in this area.
But these are statistical, they're peer-reviewed and they show that indeed in the cases that they've looked at in New York housing in LA on schools. That they are not more expensive than they have as many bids but we don't have to now rely on studies without our own experiment coming up. And I'm confident that with an annual review we'll have a chance to look at this.
With the five-year lifetime on this, we can reconsider and I'm expecting it's going to be a very good success. The the tenor of this meeting and the goodwill that people show to one another And on this board as well, and especially To director McAuliffe and and Chris It's it gets really intense in in those discussions Supervisor Williams and I were just watching mostly maybe sending a few text messages to Scott occasionally horrified And Chris Sneddon was a calm presence in the background, and I've learned a tremendous amount in this process. And I'm very optimistic about the results that we're going to see. So again, and I thank CEO Miyasato for suggesting when we were last time stuck And she suggested the ad hoc committee and a way to move forward.
And that's gotten us to this point, and I'm very proud of where we are. So I will be enthusiastically supporting this. And with that, I would like our Madam Clerk to call the roll please. Supervisor Hart?
Thank you. I just want to echo Chair Hartman's comments, thanking everybody for their participation and looking forward with open eyes and a spirit of optimism that this is going to work and be successful and we're going to find folks who have been on different sides of this and would like to have some changes. We'll have real world experience to draw upon to make any tweaks that are necessary I know just about everybody up here and probably everybody in the room would pull a little bit of thread on this deal to have it be a little more advantageous to them in some way. And that's, you know, that's the challenge and that's the difficulty of doing that.
Everybody started the clock at a different point in time as to how long this has taken The staff report shows that we began this 44 months ago. So, we've measured twice before we're going to cut. We've measured probably 20 times before we're going to cut and I think we're at a place now where it's time to make a motion to approve the Staff Recommendations A through D and I'm just really proud that this is gonna be the last vote that I take.
And would you like to make that motion?
And I will make that motion. I move that we approve Staff Recommendations A through D. Second.
All right, now Madam Clerk.
Roll-call vote Failed 2–2 move that we approve Staff Recommendations A through D. Second. All right, now Madam Clerk.
Show transcript
2:37 – 2:375 turns
Motion passes 3-2
Can we vote on something else so we don't have to vote against Greg's last? I'll make a motion to adjourn the meeting. Yeah, there you
go! All right.
I'll second that.
So we adjourn to December 6th in Santa Barbara. All in favor say aye. Aye. Any opposed? Unanimous.