HomeMy WebLinkAboutMINUTES - 08052003 - SD3 TO: BOARD OF SUPERVISORS
; . .• Centra
FROM: DENNIS M. BARRY, AICD Costa
COMMUNITY DEVELOPMENT DIRECTOR Unty
DATE: August 5,2003
SUBJECT: HEARING ON PROPOSED POLICE SERVICE SPECIAL TAXES FOR COUNTY SERVICE AREA P-6,
RELATED ORDINANCE ADOPTION AND FIXING OF ELECTION THEREOF AND FORMATION OF
THE FOLLOWING ZONE: ZONE 2602, SUBDIVISION #SD907609 IN THE MARTINEZ AREA.
SUPERVISORIAL DISTRICT 2
SPECIFIC REQUEST(S)OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Adopt the Resolution authorizing an election for Zone 2602 in County Service Area P-6.
(Resolution No, 2003/445)
2. Adopt the Ordinance establishing a fee for Police Service District for SD907609.
(Ordinance 2003-25)
3. Direct the County Clerk to conduct the election required by Government Code Section 5397.
This election shall be conducted by mail ballot pursuant to Code Section 4000 and shall be
held on the earliest date permitted by law. (October 7, 2003)
FISCAL IMPACT
None
BACKGROUND/REASONS FOR RECOMMENDATIONS
This application was approved by the Board of Supervisors on November 11, 1994 with the requirement to
establish a Police Service District prior to recordation of the final map. A maximum of 7 residential lots are allowed.
Condition of Approval #6 of Subdivision #907609 requires the applicant to agree to vote on whether the
development should be placed in a"County Service Area"to augment police services based upon the residential
use of the site. The initial assessment is $200.00 per lot.
CONTINUED ON ATTACHMENT: X YES SIGNATURE .. '`'°° �-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES):
ACTION OF BOARD ON E? APPROVED AS RECOMMENDED,, -_-& „®
9
XVOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY
UNANIMOUS(ASSENTe/ OF AN ACTION TAKEN AND ENTERED ON THE MINUTES
AYES: NOES: OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN
ABSENT: ABSTAIN:
Contact.Debi Foley-n 335-1215 ATTESTED
cc: Community Development Department(CDD) JOHN SWEETEN,CLERK OF
Elections-Patty Fritz THE BOARD OF SUPERVISORS
Sheriff-Coroner-Gloria Sutter AND COUN : ADMINISTRATOR
County Clerk-Elections '
Auditor-Controller �, a
Assessors : s .-$.�k» . DEPUTY
SD907609psd/df f �
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Order on August 5, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILKE14A, GREENDERG,GLOVER and DESAULNIift
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Creating County } RESOLUTION NO.2003/445
Service Area P-6 Zone 2602 ) (Gov. C. 25210.8 &
(SUB 907609) ) 59000 ff.)
in the Martinez area }
and Authorizing a }
Special Tax Election in }
Said Zone. }
}
This Board recognizes the need for increased police protection services in the above subject zone and
the difficulty of funding the current or an increased level of services by revenues now available.
Government Code Sections 50077 and 53978 establish procedures for voter authorization of a
special tax in order to provide additional funding for police protection.
NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS:
1. That portion of Contra Costa County Service Area P-6 described in Attached Exhibit"A"is
established as Zone 2602 of County Service Area No. P-6. No affected properties located
therein will be taxed for any existing bonded indebtedness or contractual obligations as a
result of the formation of said zone.
2. The Clerk of this Board shall cause the filing of a statement of the creation of said zone to be
made with the County Assessor and the State Board of Equalization (in Sacramento)
pursuant to Government Code Sections 54900-54902. The filing shall include a map or plot
indicating the boundaries of said zone.
3. That Ordinance No.2003-25 adopted this date is to be presented for approval of the voters of
Zone 2602 of County Service Area No. P-6 by a October 7, 2003 mail ballot election
according to the following ballot proposition:
"Shall Ordinance No.2003-25 of the Board of Supervisors of Contra
Costa County be approved so as to authorize a special tax on property
located in Zone 2602 of County Service P-6 to maintain the present
level of police protection service and provide additional funding for
increased police protection servicer"
4. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the
election required by this order. Said election shall be conducted by mailed ballot(Elections
Code Sections 1340 and 1350 ff.) and shall be held as specified above. A synopsis of the
Ordinance may be used.
hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig. Dept:Community Development date shown.
cc: County Counsel ATTESTED:
Elections—Patty Fritz JOHN SW*EE , C1erk of the Board
Sheriff-Coroner, Gloria Sutter o€Supe isor� nd Co Vdministrator
Auditor-Controller By Deputy
Assessor f
k,
df
RESOLUTION NO. 2003/445
Resolution#2003/445
Subdivision ##907609
Zone#2602
"Exhibit"A"
L'XHIBI1 'A'
THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA
COSTA, IN THE UNINCORPORATED AREA,AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
PORTION OF THE RANCHO EL PINOLE,DESCRIBED AS FOLLOWS:
COMMENCING ON THE NORTH LINE OF THE COUNTY ROAD KNOWN AS ALHAMBRA VALLEY
ROAD,AT THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM C.A.
RICKS,ET UX,TO THOMAS G.HEATON,ET UX,RECORDED OCTOBER 25, 1944 IN VOLUME 784
OF OFFICIAL RECORDS,AT PAGE 210; THENCE FROM SAID POINT OF COMMENCEMENT
NORTH 19028'40"EAST,ALONG THE EAST LINE OF SAID HEATON PARCEL(784 OR 210),238.52
FEET TO THE CENTER LINE OF VACA CREEK,BEING THE NORTHWEST LINE OF THE PARCEL
OF LAND DESCRIBED IN THE DEED FROM C.A.RICKS,ET UX,TO FRANK E.RICKS,ET UX,
RECORDED MARCH 28, 1958 IN VOLUME 3141 OF OFFICIAL RECORDS,AT PAGE 250 AND THE
ACTUAL POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;THENCE FROM
SAID POINT OF BEGINNING ALONG THE EXTERIOR BOUNDARY LINES OF SAID HEATON
PARCEL(784 OR 210),AS FOLLOWS:NORTH 19°28'40"WEST 161.82 FEET; SOUTH 60'12' WEST
99.83 FEET AND SOUTH 68057' WEST 91.06 FEET TO THE EAST LINE OF THE PARCEL OF LAND
DESCRIBED AS PARCEL ONE IN THE DEED FROM C.A.RICKS,ET UX,TO VERNON V.
EDWARDS,ET UX,DATED NOVEMBER 25, 1946 AND RECORDED DECEMBER 24, 1946 IN
VOLUME 975 OF OFFICIAL RECORDS,AT PAGE 364;THENCE ALONG THE EXTERIOR LINES OF
SAID EDWARDS PARCEL(975 OR 364),AS FOLLOWS:NORTH 22°02' WEST 211.79 FEET;NORTH
67°58' EAST 147.37 FEET;NORTH 21°30' WEST 810.05 FEET AND NORTH 27°55'30"EAST 542.72
FEET TO THE NORTHEAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM A.
JOSEPH TAVEN TO C.A.RICKS,ET,UX,DATED SEPTEMBER 30, 1943 AND RECORDED
OCTOBER. 14, 1943 IN VOLUME 750 OF OFFICIAL RECORDS,AT PAGE 320;THENCE ALONG THE
NORTHEAST LINE SOUTH 39"19' EAST 873.77 FEET TO AN ANGLE POINT THEREIN AND SOUTH
5837' EAST 210.08 FEET TO THE CENTER LINE OF SAID VACA CREEK,BEING THE NORTHWEST
LINE OF SAID FRANK E.RICKS,PARCEL(3141 OR 260);THENCE ALONG SAID NORTHWEST
LINE,BEING ALONG SAID CENTER LINE,AS FOLLOWS: SOUTH 49"00' WEST 83.00 FEET;
SOUTH 19"30' WEST 50.5 FEET; SOUTH 75"00'WEST 26.00 FEET;NORTH 60°00' WEST 31.00 FEET;
NORTH 10°15'00'WEST 52.00 FEET;NORTH 65"30' WEST 38.5 FEET; SOUTH 53°00' WEST 23.5
FEET; SOUTH 35°00' WEST 78.5 FEET; SOUTH 46°30' EAST 36.00 FEET; SOUTH 11"45' EAST 31.50
FEET; SOUTH 4800' WEST 34.5 FEET; SOUTH 20°45' WEST 85.5 FEET; SOUTH.59'15' WEST 25.00
FEET; SOUTH 35°00' WEST 47.00 FEET;NORTH 65"30' WEST 50.00 FEET; SOUTH 15°30' WEST
76.00 FEET; SOUTH 03130' WEST 51 AO FEET; SOUTH 6830'EAST 41.00 FEET; SOUTH 16'30' EAST
59.00 FEET; SOUTH 50'30' EAST 34.00 FEET; SOUTH 07"00' EAST 83.5 FEET; SOUTH 27°00' WEST
24.00 FEET; SOUTH 36"30' WEST 25.00 FEET; SOUTH 15°51' EAST 76.03 FEET; SOUTH 11°40' WEST
36.00 FEET; SOUTH 71'30'00' WEST 34.00 FEET;NORTH 59'�00' WEST 102.00 FEET; SOUTH 52°30'
WEST 87.00 FEET AND SOUTH 65"30' WEST 35.02 FEET TO THE PONT OF BEGINNING AND
CONTAINING 16.87 ACRES OF LAND,MORE OR LESS.
Resolution #20031445
Subdivision #907609
Zone#2602
GRAPHIC SCALE
o foo 200 +00 LINE BEARING DISTANCE
L 1 N49'00'&O--'-E— 83. 00
—-- L2 N19'30 00*E ' 50. 50
1 inch = 200 ft. L3 N75'00 00 E 26. 00
L4 N60-00'00"W -31. 00'
�`Y L N10'15'00'W 52. 00
N65'30'00'—W -- 38. 50
tY ` L7 N53'00 OOT- 23. 50
'0 L8 N35'66y-06'F-E— 78. 50
L9 N46'30'007;W 36. 00 -
L10 N11''45 00'W 31 50
L11 N48'00 00 E 34. 50
`1 L 12 N20`45 00 E 85. 50
�-' L 13 N59'15 00-E 25. 00
T 14 N35'00 00 E 47 00
L15 N65'30 00 W 5t. oo
!'
L16 MY 30'00"E 78. 00
`]
L17 NO3'30 00 E 51. 00
t
L18 N68'30 00 W 41. 00
L 19 N16'30 00 W 59. 00
y
720 N50'30 00'W 34. 00
46 ,�'� L21 N07'00 00 W 83. 50
L22 N36''30 00 E 25. 00
L23 N15'51 00 W 76. 03
V9 Cir L3 L24 N11'40'00"E 36. 00
L25 N71'30 00 E 34. 00
y�1 L26 N59-00'00V 102. 00'
L27 N52'30 00 E 87. 00
L28 N65'30 00 E 35. 02
to �� ` �� L29 N60`12'00'E 99. 83
Iv L30 N68`57 00 E 91. 08
r.
N60-
SS
?,0A
r PLANNERS 7390 SOUTH MAIN STREET Subject EXHIBIT 'B'
r` ` r��ni cr,ir_ikicccc SUITE 310 ►nh t+r, 902013.0 Crnla 1"-200'
ORDINANCE NO. 2003-25
(Ars. Ordinance of the Board of Supervisors of Contra Costa County)
Authorizing a Special Tax for Police Protection Services in Zone
2502 County Service Area No. P-6
The Contra Costa County Board of Supervisors ORDAINS as follows:
ARTICLE I . PURPOSE AND INTENT. It is the purpose and intent of
this Ordinance to authorize the levy of a tax on parcels of real
property on the secured property tax roll of Contra Costa County
that are within Zone 2602 of Contra Costa County Service Area No.
P-6 in order to augment funding for police protection.
This tax is a special tax within the meaning of Section 4 of
Article XIIIA of the California Constitution. Because the burden
of this tax falls upon property, this tax also is a property tax,
but this tax is not determined according to nor in any manner based
upon the value of property; this tax is levied on a parcel and use
of property basis. Insofar as not inconsistent with this Ordinance
or with legislation authorizing special taxes and insofar as
applicable to a property tax that is not based on value, such
provisions of the California Revenue and Taxation Code and of
Article XIII of the California Constitution as relate to ad valorem
property taxes are intended to apply to the collection and
administration of this tax (Article IV of this Ordinance) , as
authorized by law.
The revenues raised by this tax are to be used solely for the
purposes of obtaining, furnishing, operating, and maintaining
police protection equipment or apparatus, for paying the salaries
and benefits of police protection personnel, and for such other
police protection service expenses as are deemed necessary.
ARTICLE II. DEFINITIONS. The fallowing definitions shall apply
throughout this Ordinance.
1 . "Parcel" means the land and any improvements thereon,
designated by an assessor' s parcel map and parcel number and
carried on the secured property tax roll of Contra Costa County.
For the purposes of this Ordinance, parcel does not include any
land or improvements outside the boundaries of Zone 2602 of County
Service Area P-6 nor any land or improvements owned by any
governmental entity.
ORDINANCE NO. 2003-25
2 . 'iFiscal year" means the period of July 1 through the following
June 30 .
3 . Contra Costa County Service Area P-6 Zone 2602 (hereinafter
called "Zone") means that portion of the unincorporated area of
Contra Costa County located within the Zone' s boundaries described
(see Exhibit A attached hereto) .
4 . "Use Code" means the code number assigned by the Assessor of
Contra Costa County in order to classify parcels according to use
for ad valorem property tax purposes . A copy of the Assessor' s use
code classifications chart is attached hereto as Exhibit B and
incorporated herein.
5 . "Consumer Price Index" means the Consumer Price Index for all
Urban Consumers (CPI-U) for the San Francisco-Oakland-San Vose Area
(1982-84=100) as published by the U.S . Department of Labor, Bureau
of Labor Statistics . If the Consumer Price Index is discontinued
or revised, such other government index or computation with which
it is replaced shall be used in order to obtain substantially the
same result as would be obtained if the Consumer Price Index had
not been discontinued or revised.
6 . "Constant first year dollars" shall mean an actual dollar
amount which, in years subsequent to the first fiscal year the tax
is Levied, shall have the same purchasing power as the base amount
in first fiscal year dollars as measured by the Consumer Price
Index. The base amount shall be the amount of tax per parcel as
specified in Article SII 1A herein. The adjustment from actual to
constant dollars shall be made by use of the Consumer Price Index,
as specified in Section III 1B herein.
ARTICLE III . AMOUNT AND LEVEL OF TAXES
1. The tax per year on each parcel in the Zone shall not exceed
the amount applicable to the parcel, as specified below.
A. For First Fiscal Year:
The tax per year for the first fiscal year (July 1, 2004 through
June 30, 2005) shall be the Amount of Tax Per Parcel for a Property
Use Code Category as set forth on Exhibit C incorporated herein.
-2-
ORDINANCE NO. 2003-25
B. For Subsequent Fiscal Years
In order to keep the tax on each parcel in constant first year
dollars for each fiscal year subsequent to the first fiscal year,
the tax per year shall be adjusted as set forth below to reflect
any increase in the Consumer Price Index beyond the first fiscal
year a tax is levied.
In each July, the Board of Supervisors of Contra Costa County shall
determine the amount of taxes to be levied upon the parcels in the
Zone for the then current fiscal year as set forth below.
For each Property Use Category on Exhibit C, the tax per year on
each parcel for each fiscal year subsequent to the first fiscal
year shah be an amount determined as follows :
Tax Per Parcel Tax Per Parcel (Consumer Price Index
For then Current = For First X for April of
Immediately
Fiscal Year Fiscal Year Preceding Fiscal Year)
(Consumer Price Index
for First Fiscal Year
of Levy)
Provided, however, that in no event shall the tax per parcel for
any fiscal year be less than the amount established for the first
fiscal year.
2 . The taxes levied on each parcel pursuant to this Article shall
be a charge upon the parcel and shall be due and collectible as set
forth in Article IV, below. A complete listing of the amount of
taxes on each parcel shall be maintained by the Sheriff-Coroner of
the County of Contra Costa at Martinez, and be available for public
inspection during the remainder of the fiscal year for which such
taxes are levied.
ARTICLE IV. COLLECTION AND ADMINISTRATION.
1 . Taxes as Liens Against the Property.
The amount of taxes for each parcel each year shall constitute a
lien on such property, in accordance with Revenue and Taxation Cade
Section 2187, and shall have the same effect as an ad valorem real
property tax lien until fully paid.
-3-
ORDINANCE NO. 2003-25
2 . Collection.
The taxes on each parcel shall be billed on the secured roll tax
bills for ad valorem property taxes and shall be due the County of
Contra Costa. Insofar as feasible and insofar as not inconsistent
with this Ordinance, the taxes are to be collected in the same
manner in which the County collects secured roll ad valorem
property taxes . Insofar as feasible and insofar as not inconsis-
tent with this Ordinance, the times and procedure regarding
exemptions, due dates, installment payments, corrections, cancella-
tions, refunds, late payments, penalties, liens, and collections
for secured roll ad valorem property taxes shall be applicable to
the collection of this tax. Notwithstanding anything to the
contrary in the foregoing, as to this tax: 1) the secured roll tax
bills shall be the only notices required for this tax, and 2) the
homeowners and veterans exemptions shall not be applicable because
such exemptions are determined by dollar amount of value.
3 . Costs of Administration by County.
The reasonable costs incurred by the County officers collecting and
administering this tax shall be deducted from the collected taxes .
ARTICLE V. SEVERABILITY CLAUSE
If any article, section, subsection, sentence, phrase of clause of
this Ordinance is for any reason held to be invalid, such decision
shall not effect the validity of the remaining portion of this
Ordinance . The voters of the Zone hereby declare that they would
have adopted the remainder of this Ordinance, including each
article, section, subsection, sentence phrase or clause, irrespec-
tive of the invalidity of any other article, section, subsection,
sentence, phrase or clause.
ARTICLE VI . EFFECTIVE DATE.
This Ordinance shall take effect immediately upon its confirmation
by two-thirds of the voters voting within the Zone in an election
to be held October 7, 2003 so that taxes shall first be collected
hereunder for the tax year beginning July 1, 2004 .
-4-
ORDINANCE NO. 2003-25
PASSED AND ADOPTED at a regular meeting of the Board of
Supervisors, County of Contra Costa, State of California, on August
5, 2003 by the following vote:
AYES : SUPERVISORS GIOIA, UILMIA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: JOHN SWEETEN, Clerk of
the Board of Supervisors and
County Administrator
4
By
Depu Board Chair
r
VJW:df
df4:vjw\crd\csap6
5—
ORDINANCE NO. 2003-25
Ordinance#2003-25
Subdivision #907609
Zone#2602
"Exhibit"'All
M
EXEII]BIT `.A'
THE LAND REFERRED TO IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA
COSTA,IN THE UNINCORPORATED AREA,AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
PORTION OF THE RANCHO EL PINOLE,DESCRIBED AS FOLLOWS:
COMMENCING ON THE NORTH LINE OF THE COUNTY ROAD KNOWN AS ALHAMBRA VALLEY
ROAR,AT THE EAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM C.A.
RICKS,ET UX,TO THOMAS G. BEATON,ET UX, RECORDED OCTOBER 25, 1944 IN VOLUME 784
OF OFFICIAL RECORDS,AT PAGE 210; THENCE FROM SAID POINT OF COMMENCEMENT
NORTH 19028'40"EAST,ALONG THE EAST LINE OF SAID HEATON PARCEL(784 OR 210),238.52
FEET TO THE CENTER LINE OF VACA CREEK.,BEING THE NORTHWEST LINE OF THE PARCEL
OF LAND DESCRIBED IN THE DEED FROM C.A.RICKS,ET UX,TO FRANK.E. RICKS,ET UX,
RECORDED MARCH 28, 1958 IN VOLUME 3141 OF OFFICIAL RECORDS,AT PAGE 260 AND THE
ACTUAL POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;THENCE FROM
SAID POINT OF BEGINNING ALONG THE EXTERIOR BOUNDARY LINES OF SAID HEATON
PARCEL(784 OR 210),AS FOLLOWS:NORTH 19°28'40"WEST 161.82 FEET; SOUTH 60°12' WEST
99.83 FEET AND SOUTH 68057' WEST 91.06 FEET TO THE EAST LINE OF THE PARCEL OF LAND
DESCRIBED AS PARCEL ONE IN THE DEED FROM C.A.RICKS,ET UX,TO VERNON V.
EDWARDS,ET UX,DATED NOVEMBER 25, 1946 AND RECORDED DECEMBER 24, 1946 IN
VOLUME 975 OF OFFICIAL RECORDS,AT PAGE 364;THENCE ALONG THE EXTERIOR LINES OF
SAID EDWARDS PARCEL(975 OR 364),AS FOLLOWS:NORTH 22°02' WEST 211.79 FEET;NORTH
67058' EAST 147.37 FEET;NORTH 21°30' WEST 810.05 FEET AND NORTH 27°55'30"EAST 542.72
FEET TO THE NORTHEAST LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM A.
JOSEPH TAVEN TO C.A.RICKS,ET,UX,DATED SEPTEMBER 30, 1943 AND RECORDED
OCTOBER 14, 1943 IN VOLUME 750 OF OFFICIAL RECORDS,AT PAGE 320; THENCE ALONG THE
NORTHEAST LINE SOUTH 39°19' EAST 873.77 FEET TO AN ANGLE POINT THEREIN AND SOUTH
58°37' EAST 210.08 FEET TO THE CENTER LINE OF SAID VACA CREED.,BEING THE NORTHWEST
LINE OF SAID FRANK E.RICKS,PARCEL(3141 OR 260);THENCE ALONG SAID NORTHWEST
LINE,BEING ALONG SAID CENTER LINE,AS FOLLOWS: SOUTH 49°00' WEST 83.00 FEET;
SOUTH 19°30' WEST 50.5 FEET; SOUTH 7500' WEST 26.00 FEET;NORTH 60°00' WEST 31.00 FEET;
NORTH 100 15'00'WEST 52.00.FEET;NORTH 65°30' WEST 38.5 FEET; SOUTH 53°00'.WEST 23.5
FEET; SOUTH 35°00' WEST 78.5 FEET; SOUTH 46°30' EAST 36.00 FEET; SOUTH 11°45' EAST 31.50
FEET; SOUTH 48°00' WEST 34.5 FEET; SOUTH 20°45' WEST 85.5 FEET;SOUTH 59115' WEST 25.00
FEET; SOUTH 35°00' WEST 47.00 FEET; NORTH 65°30' WEST 50.00 FEET; SOUTH 15°30' WEST
76.00 FEET; SOUTH 03°30' WEST 51.00 FEET; SOUTH 68°30' EAST 41.00 FEET; SOUTH 16°30' EAST
59.00 FEET; SOUTH 50°30' EAST 34.00 FEET; SOUTH 07°00'EAST 83.5 FEET; SOUTH 27°00'WEST
24.00 FEET; SOUTH 36°30' WEST 25.00 FEET; SOUTH 15°51' EAST 76.03 FEET; SOUTH I1°40' WEST
36.00 FEET; SOUTH 71°30'00' WEST 34.00 FEET;NORTH 591%' WEST 102.00 FEET; SOUTH 52°30'
WEST 87.00 FEET AND SOUTH 651130' WEST 35.02 FEET TO THE POINT OF BEGINNING AND
CONTAINING 16.87 ACRES OF LAND,MORE OR LESS.
Ordinance#2003-25
Subdivision #907609
Zone#2602
"Exl iblfl '>-
GRAPHIC
>_GRAPHIC SCALE
0 000 200 400 L INE BEARING DISTANCE
L i N49`00 00 E 83. 00
L2 N19'30 00 E 50. 50
1 inch = 200 ft. L3 N75`00'00T "'6. 00
Q> L4 N60`00 00 W 31. 001
IN L5 N10` 15 00 W 52. 00
LFi N65-30'007 38. 50
L7 N53-00 OO'—E 23. 50
L8 N35'0(? 00 E 78. 50
`•'�->�04 L9 N46'30 00 W 36. 00 -
T1 0N11-45'007 31. 50
L11 N48'00100'E 34. 50
L 12 N20.45 00 E 85. 50'
L13
N59 15 00 E 25. 00
`
L14 N35'00'60-'E— 47. 50
L15 N65`30F60--'-#— 50 00
18 N15`30 00 E 76. 011
L 17 NO3'30 0010 E 51. 00
D-8- N68 30 00 W 41. 00
L19 N16 30 00 W 59. 00
L20 N50`30 00 W 34. 00
'A 46 yN L21 N07-00'007 83. 50
2 N36`FOOT]E 25. 00
.CIV L23 N15'51 00"W 7'6. 03
L24N11`40'000E, 3fi. 00
L25 N71`30'007-C 34. 00
L26 N59`00 04 W 102. 00
L27 N52`30 00 E 87. 00
L28 N65`30 00 E 35. 02.
0 �1 L29 N50` 12'00'E 99. 83
I--
--J L30 N68'57'007 41. 06
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ti A PLANNERS 1380 SOUTH MAIN STREET Subject EXHIBIT V
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ORDINANCE NO IZI to,
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ORDINANCE NO. 2003-25 ZONE 2602
FOR FISCAL YEAR JULY-1, 2004, THROUGH JUNE 30, 2005
EXHIBIT C
PROPERTY USE ANNUAL TAX
COLE CATEGORY EXPLANATION PER PARCEL
11 Single Family Residence—
1 residence, I site $200
12 Single Family Residence- $200
1 residence, 2 or more sites
13 Single Family Residence- $200
2 residences on 1 or more sites
14 Single Family Residence-- $200
other than single family land
t 5 Misc. Improvements-- 1 site $200
16 Misc. Improvements—2 or more sites $200
17 Vacant— l site $100
18 Vacant—2 or more sites $100
19 Single Family Residence 4 $200
Det.wlcomon area
20 Vacant—Multiple $100
21 Duplex $200
22 Triplex $200
23 Fourplex $200
24 Combination $200
25 Apartments(5-12 units) $400
26 Apartments(13-24 units) $400
27 Apartments(25-59 units) $600
28 Apartments (60+ units) $ 800
29 Attached PUns: $ 200
Cluster Homes. Condos, etc.
30 Vacant - Commercial $ 100
31 Commercial Stores - $ 600
Not Supermarkets
32 Small Grocery Stores $ 600
-11, etc.)
33 Office Buildings $ 400
34 Medical, Cental $ 400
35 Service Stations, Car Wash $ 400
36 Garages $ 400
37 Community Facilities $ 800
(recreational, etc.)
38 Golf Courses $ 400
39 Bowling Alleys $ 400
40 Boat Harbors $ 400
41 Supermarkets $ 600
(not shopping centers)
42 Shopping Centers $ 800
43 Financial Buildings $ 400
(ins.,Tdie, Banks, &L)
44 Motels, Hotels & Mobile $ 600
Home Parks
45 Theaters $ 600
46 Drive-In Restaurants $ 400
47 Restaurants (not drive-its) $ 400
48 Multiple & Commercial $ 400
49 New Car Agencies $ 400
50 Vacant Land (•riot part of $ 100
Ind. parr or P. & D.)
51 Industrial Park $ 500
52 Research & Development $ 400
53 Light Industrial $ 400
54 Heavy Industrial $ 400
55 Mini 'Warehouses (public Storage) $ 500
56 Misc. improvements $ 400
61 Rural, Res. Improvement 1A-10A $ 200
62 Rural, w/or w/o Structure 1 A-1 OA $ 200
70 Convalescent Hospitals/ $ 400
Rest Homes
73 Hospitals $ 400
74 Cemate ries/Mortuades $ 400
75 Fraternal & Service Organizations $ 400
76 Retirement Mousing Complex $ 600
78 Parks & Playgrounds $ 800
85 Public & Private Parking $ 400
87 Common Area $ 400
$8 Mobile Homes $ 200
89 Other (split parcels In different $ 200
tax code areas)
99 Awaiting Assignment $ 200
Clean Version
Policy Regarding the Use of
Project Labor Agreements
on County Construction Projects
1. Summary and Background
A. Certain large, complex County construction projects involve numerous
contractors and employees in different trades, have critical time lines for
completion, and require a skilled and properly trained workforce to successfully
complete the work in a proper and timely manner. In order to avoid costly delays
and additional expense to the County, it is essential that construction on such
projects proceed without the labor disruptions that can occur on long term
projects both from external labor relations problems and from the frictions that
often arise when a large number of contractors and their employees work in
proximity to one another on a job site.
B. In the private sector, project labor agreements have been used for years on
large, complex construction projects to achieve satisfactory performance and the
economic benefits that result from having a guaranteed source of skilled workers
and from avoiding disruptions in work.
C. In the pubic sector, project labor agreements have been used successfully by
the County and other public entities in Contra Costa County for hospital, school,
reservoir, wastewater, and other large, complex construction projects. Such
agreements have been a major factor in producing quality construction work and
projects completed on time, within budget, and without labor strife or disruptions.
D. As a result of the County's successful experience with project labor agreements,
the Board of Supervisors has requested that a uniform policy be developed to
cover the use of such agreements for construction contracts awarded by the
Board. This policy is intended to provide general guidance for County
construction projects, subject to any modifications or exemptions that may be
approved by the Board.
11. Application of Policy
This policy applies to all construction projects with a total contract award price of$1
million or more awarded by the Board of Supervisors, regardless of the estimated
project cost.
Board Order Re-,ising PLA policy finAl version 1
PROJECT LABOR AGREEMENT
for the
PREAMBLE
This Agreement is made and entered into the day of , 2003,by and between.
, together with other contractors and/or subcontractors who shall
become signatory to this Agreement by signing the "Agreement To Be Bound" (Attachment A),
(hereinafter referred to as "Contractor(s)"); the local unions signatory hereto and those affiliated
with the Building & Construction Trades Department of the American Federation of Labor
Congress of Industrial Organizations and the Contra Costa Building and Construction Trades
Council, all on their behalf and on behalf of the various local unions involved, (hereinafter referred
to as "Union(s)"); (hereinafter referred to as "Project Manager"); and„„
(hereinafter referred to as "Coordinator"). The parties further agree
that the provisions of this Agreement shall apply to the following construction project:
(hereinafter referred to as "Project").
WHEREAS, the successful completion of the Project is of the utmost importance to the
County of Contra Costa(hereinafter referred to as "Public Agency" or"Owner");and
WHEREAS, a spilled labor pool represented by the Unions will be required to complete the
work involved;and
WHEREAS, the Unions agree to cooperate in every way possible with employees of the
Contractors; and
VEREAS, the parties to this Agreement mutually agree that safety, quality, productivity
and labor harmony are primary goals; and
WHEREAS, the parties recognize the need for safe, efficient and speedy construction in
order to reduce unnecessary delays and result in timely completion of the Project;and
WHEREAS, it is recognized that on a project of this magnitude with multiple contractors
and bargaining units on the job site at the same time over an extended period of time,the potential
for work disruption is substantial without an overriding commitment to maintain continuity of work;
and
WHEREAS, the interests of the general public, the Public Agency, the Unions, and the
Contractors would be best served if the construction work proceeded in an orderly manner without
disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or
other interferences with work;and
Board Order Revising PLA policy final version 3
WHEREAS,the Contractors and the Unions desire to mutually establish and stabilize wages,
hours and working conditions for the workers employed on the Project by the Contractors, and
further, to encourage close cooperation among the Contractors and the Unions to the end that a
satisfactory, continuous and harmonious relationship will exist among the parties to this Agreement;
and
WHEREAS, the Agreement is not intended to replace, interfere, abrogate, diminish or
modify existing local of national collective bargaining agreements in effect during the duration of the
Project, insofar as a legally binding agreement exists between the Contractors and the affected
Unions except to the extent that the provisions of this Agreement are inconsistent with said
collective bargaining agreements, in which event,the provisions of this Agreement shall prevail,and
WHEREAS, the contract for the Project will be awarded in accordance with the applicable
provisions of the California State Public Contract Code; and
WHEREAS, the Public Agency has the absolute right to select the lowest reliable and
responsible bidder for the award of the construction contract on the Project;and
WHEREAS,the parties signatory to this Agreement pledge their full good faith and trust to
work towards a.mutually satisfactory completion of the Project;
NOW THEREFORE, the parties, in consideration of the mutual promises and covenants
herein contained,mutually agree as follows:
PURPOSE
The purposes of this Agreement are to promote efficient construction operations on the
Project, to insure an adequate supply of skilled craftspeople and to provide for peaceful,
efficient and binding procedure for settling labor disputes. In so doing, the parties to this
Agreement establish the foundation to promote the public interest, to provide a safe work
Place, to assure high quality construction, to ensure an uninterrupted construction project,
and to secure optimum productivity, on-schedule performance and the Public Agency's
satisfaction.
It is the intent of the parties to set out uniform and fair working conditions for the efficient
completion of the Project, maintain harmonious labor/management relations and eliminate
strikes,lockouts and other delays.
It is in the interest of the parties to this Agreement to utilize all resources available in the
local area, including those provided by minority-owned., women-owned, small,
disadvantaged,and other businesses.
Berard Order Revising PLA policy final version 4
ARTICLE 1
DEFINITIONS
"Public Agency" or"Owner" means the County of Contra Costa;
"Coordinator" means the individual, company or entity responsible for the administration
and application of this Agreement;
"Contractor" means a general contractor and/or subcontractor, at any tier, performing
covered construction work on the Project;
"Project" means[Describe the Project];
"Building Trades Council" or "Council" means the Contra Costa County Building and
Construction Trades Council;
"Union" means the Unions that are signatory to this Agreement;
"Master Collective Bargaining Agreement" or "Local Collective Bargaining
Agreement" means the local collective bargaining agreements for the affected crafts
negotiated by the historically recognized collective bargaining parties in the area. Copies of
all such collective bargaining agreements shall be on file with the Building Trades Council
and are incorporated herein by reference.
ARTICLE 2
SCOPE OF AGREEMENT
2.1 This Agreement shall apply to all construction work including demolition, site preparation,
alteration and repair on the above-described Project awarded by the Owner and/or
Construction Manager,and any related change order(s).
2.2 This Agreement shall apply only to construction/craft employees working on this Project
represented by the Unions signatory hereto, and shall not apply to Contractors' technical or
non-manual employees including,but not limited to,executives, engineers,office and clerical
employees, drafters, supervisors above the classification of general foreman, timekeepers,
messengers, or inspectors, material testers, and/or x-ray technicians, except to the extent
that such inspectors, material testers, and/or x-ray technicians are customarily covered by
the Local Collective Bargaining Agreement and as to which classification a prevailing wage
determination has been published.
2.3 Except as required otherwise by the Project documents or accepted construction practices,
there shall be no limitation or restriction upon the choice of materials or upon the full use
and installation of equipment, machinery, package units, factory pre-cast, prefabricated or
preassembled materials,tools or other labor-saving devices. Lawful fabrication provisions of
the appropriate national or Local Collective Bargaining Agreements shall be applicable.
Board Order Revising PLA policy final version 5
2.4 It is recognized by the parties to this Agreement that the signatory Coordinator and
Contractor(s) are acting only on behalf of said Coordinator and Contractors), and said
Coordinator and Contractor(s) have no authority, either expressed, implied, actual, apparent
or ostensible,to speak for or bind the Owner.
2.5 It is expressly agreed and understood by the parties hereto that the Owner shall retain the
right at all times to perform and/or subcontract all portions of the construction and related
work on the Project site not covered by this Agreement.
2.6 The working conditions and hours of employment herein provided have been negotiated
between the parties signatory to this agreement.
2.7 Without limiting the foregoing,items specifically excluded from the scope of this Agreement
include the following:
(a) Equipment and machinery owned or controlled and operated by the Owner,
(b) All employees of any Contractor, design team or any other consultant of the District
not performing manual labor within the scope of this Agreement;
(c) Any work performed on or near or leading to the site of work covered by this
Agreement and undertaken by state, county, city or other governmental bodies, or
their contractors,or by public utilities or their contractors, and/or by the Owner or its
contractors (for work which is not part of the scope of this Agreement),
(d) Off-site maintenance of leased equipment and on-site supervision of such work,
(e) Laboratory or specialty testing or inspection not ordinarily done by the signatory local
unions,
(f) Non-construction support services contracted by the Owner or any Contractor in
connection with this Project; and
(g) All work by employees of the Omer.
2.8 Work covered by the Project Labor Agreement within the craft jurisdiction of the Elevator
Constructors will be performed under the terms of the National Agreement of the
International Union of Elevator Constructors, except that Articles 5, 6, and 11 of the Project
Labor Agreement will apply to such work.
ARTICLE 3
SUBCONTRACTS
3.1 Each Contractor(s) agrees that neither it nor any of its subcontractors will subcontract any
work to be done on the Project except to a person, firm, or corporation who is or becomes
party to this Agreement. Any Contractor(s) or subcontractor working on the Project shall,as
Board order Revising PLA policy final version 6
a condition working on the Project, became signatory to and perform all work under the
terms of this Agreement.
3.2 A subcontractor is defined as any person, firm or corporation who agrees under contract
with the Contractor(s), or a subcontractor of the Contractor, at any tier, to perforin on the
Project, any part or portion of the construction work covered by the prime contract,
including the operating of construction equipment,performance of labor and/or installation
of:materials.
3.3 The Contractor(s) has the primary obligation for performance of all conditions of this
Agreement. This obligation cannot be relieved, evaded or diminished by subcontracting.
Should the Contractor(s) elect to subcontract, the Contractor(s) shall continue to have such
primary obligation.
3.4 The Contractor shall provide in the subcontract that the subcontractor will pay the wages
and benefits and will observe the hours and all other terms and conditions of this
Agreement. The Contractor shall remain liable for any delinquency by such subcontractor in
the payment of any wages or fringe benefits provided herein, including payments to Health
&Welfare,Pension,Vacation/Holiday,Dues and Training&Retraining Funds to the extent
provided by law.
3.4.1 The contractor(s) will give written notice to the Union(s) of any subcontract involving the
performance of work covered by this Agreement within either five (5) days of entering such
subcontract or before the subcontractor commences work on the Project,whichever occurs
first, and shall specify the name and address of the subcontractor. Written notice at a Pre-
Job Conference shall be deemed written notice under this provision for those subcontractors
listed at the Pre Job only.
3.4.2 The provisions of this Section 3.4 shall be applied only to the extent permitted by law and,
notwithstanding any other provision of this Agreement, no aspect of the subcontractors'
clause, including its enforcement,may be enforced by or subject to strike action or any other
labor disruption.
ARTICLE 4
RELATIONSHIP BETWEEN PARTIES
4.1 This Agreement shall only be binding on the signatory parties hereto, and shall not apply to
parents, affiliates, subsidiaries, or other divisions of the Coordinator and signatory
Contractor(s) unless signed by such parent, affiliate, subsidiary, or other division of such
company.
4.2 Each Contractor(s) shall alone be liable and responsible for its own individual acts and
conduct and for any breach or alleged breach of this Agreement except as modified by
Article 3. Any alleged breach of this Agreement by a Contractor(s) or any dispute between
the signatory Union(s) and the Contractor(s) respecting compliance with the terms of this
Board Order Revising PLA policy final version 7
Agreement, shall not affect the rights, liabilities, obligations and duties between the signatory
Union(s) and each other Contractor(s)party to this Agreement.
4.3 It is mutually agreed by the parties that any liability by a signatory Unions) to this
Agreement shall be several and not joint. Any alleged breach of this Agreement by a
signatory Union(s) shall not affect the rights, liabilities, obligations and duties between the
signatory Contractors and the other unions party to this Agreement.
ARTICLE 5
NO STRIKES - NO LOCKOUTS
3.1 During the life of this Agreement,the Union(s) and its members, agents,representatives and
employees shall not incite, encourage, condone or participate in any strike, walkout,
slowdown, boycott, sympathy strike, picketing or other work stoppage of any nature
whatsoever,for any cause whatsoever,or any other type of interference of any kind, coercive
or otherwise, and it is expressly agreed that any such action is a violation of this Agreement.
5.1.1 Withholding employees for failure of a Contractor(s) to tender trust fund contributions as
required in accordance with Article 16 or failure to meet its weekly payroll obligations is not
a violation of this Article 5.
Should a Contractor performing work on this Project be delinquent in the payment of Trust
Fund contributions required under this Agreement with respect to employees represented by
the Union,the Union may request,that the General Contractor issue joint checks payable to
the Contractor and the appropriate employee benefit Trust Fund(s) until such delinquencies
are satisfied. Any Trust Fund claiming that a Contractor is delinquent in its fringe benefit
contributions to the funds, will provide written notice of the alleged delinquency to the
affected Contractor,with copies to the General Contractor and or the Owner. The notice
will indicate the amount of delinquency asserted and the period that the delinquency covers.
It is agreed, however,with respect to contractors delinquent in trust or benefit contribution
payments, that nothing in this Agreement shall affect normal contract remedies available
under the local collective bargaining agreements. If the General Contractor is delinquent in
the payment of Trust Fund(s) contributions for covered work performed on this project,the
General Contractor agrees that the affected Trust Fund(s) may place the Owner on notice of
such delinquencies and the General Contractor further agrees that the Owner may issue joint
checks to the General Contractor and the Trust Fund(s) until the delinquency is satisfied.
5.1.2 Expiration of Local and Other Applicable Agreements. It is specifically agreed that there
shall be no strike, sympathy strike, picketing, lockout, slowdown, withholding of work,
refusal to work, walk-off, boycott or other work stoppage of any kind as a result of the
expiration of any local,regional or other applicable labor agreement having application at the
Project and/or failure of the parties to that agreement to reach a new contract. In the event
that such a local,regional, or other applicable labor agreement does expire and the parties to
that agreement have failed to reach agreement on a new contract,work.will continue to the
Project on one of the following two bases, both of which will be offered by the Union(s)
involved to the General Contractor and the Contractors affected:
Board order Revising PLA posey final version 8
(a) Each of the Union(s) working with a contract expiring must offer to continue
working on the Project under interim agreements that retain all the terms of the
expiring contract, except that the Union(s) involved in such expiring contract(s) may
each propose wage rates and Contractor contribution rates to employee benefits
funds different from what those rates were under the expiring contract(s). Said
interim agreement(s) would be superseded by any subsequently reached industry
agreement(s) as of the date the industry agreement is reached. The terms of the
Union's interim agreement offered to the Contractor will be no less favorable than
the terms offered by the Union to any other Contractor or group of Contractors
covering commercial construction work in Contra Costa County;or
(b) Each of the Union(s)with a contract expiring must offer to continue working on the
Project under all the terms of the expiring contract, including the wage rates and
Contractor contribution rates to the employee benefit funds, if the Contractor(s)
affected by that contract agree to the following retroactivity provisions; if a new
local,regional or other applicable labor agreement for the industry having application
at the Project is ratified and signed during the term of this Agreement and if such
new labor agreement provides for retroactive wage increases, then each affected
Contractor shall pay to its employees who performed work covered by this
Agreement at the Project during the period between the effective dates of such labor
agreements, an amount equal to any such retroactive wage and benefit increases
established by such new labor agreement, retroactive to whatever dates are provided
by the new local, regional or other applicable agreement for such increase to go into
effect, for each employee's hours of work on the Project during the retroactivity
period. All parties agree that such affected Contractor shall be solely responsible for
any retroactive payments to its employees and trust funds and that neither the
General Contractor nor the Owner has any obligations, responsibility or liability
whatsoever for any such retroactive payments or collection of any such retroactive
payments from any other Contractor.
The General Contractor and the affected Union will mutually decide for each
affected subcontractor(after consultation with each such subcontractor) between the
above two options of having its subcontractor continue to work on the Project
under the terms of the interim agreement offered under paragraph (a) above by the
Union, or having its subcontractor continue to work on the Project on the
retroactivity basis established under paragraph (b) above. The General Contractor
and the affected Union may mutually decide upon the interim agreement option for
some subcontractors and the retroactivity option for other subcontractor(s). To
decide between the two options, the General Contractor will be given one week after
the particular labor agreement has expired or one week after the Union has
personally delivered to the General Contractor in writing its specific offer of terms
of the interim agreement pursuant to paragraph (a) above,whichever is the later date.
5.3 If a violation of this Article occurs, upon written facsimile or telegraphic notice of such
violation to the Local and International Union(s) offices, the Union(s) and its officers shall
take immediate action and will prevent, end or avert any such aforementioned activity or the
threat thereof by any of its officers, members, representatives or employees, either
Board order Revising PLA policy anal version 9
individually or collectively, including but not limited to, publicly disavowing any such action
and ordering all such officers, representatives, employees or members who participate in
such unauthorized activity to cease and desist from same immediately and to return to work
and comply with its orders. The Contractors) shall have the right, in the event of a work
stoppage by the Union(s) to replace the employees represented by the Union(s) in violation
of this Agreement in any way the Contractor(s) chooses, until the Union(s) effects the return
to work of such employees. Nothing in this Agreement shall be construed to limit or restrict
the right of any of the parties to this Agreement to pursue fully any and all remedies available
under law in the event of a violation of this Article 5.
5.4 In consideration of the foregoing,the Contractor(s) shall not incite, encourage or participate
in any lockout or cause to be locked out any employee covered under the provisions of this
Agreement. The teen. "lockout" does not refer to the discharge, termination or layoff of
employees by the Contractor(s) for any reasons in the exercise of its rights as set forth in any
provision of this Agreement, nor does "lockout" include the Owner's or Contractors'
decision to terminate or suspend work on the site or any portion thereof for any reason.
53 Any employee or employees inciting, encouraging or participating in any strike, slowdown,
picketing, sympathy strike or other activity in violation of this Agreement is subject to
immediate discharge and the procedure of Article 11,if invoked.
5.6 Any party to this Agreement may institute the following binding arbitration procedure when
such a breach is alleged. In the event a party institutes this procedure, arbitration shall be
mandatory.
5.6.1 The parry invoking this procedure shall immediately notify Gerald McKay, who the parties
agree shall be the permanent Arbitrator under this procedure. In the event that the
permanent Arbitrator is unavailable at any time, the Arbitrator shall appoint an alternate.
Notice to the Arbitrator shall be by the most expeditious means available, with notice by
facsimile, telegraph or similar means to the party alleged to be in violation and the involved
Union General President.
Gerald McKay's address,phone number,and fax number are:
Gerald McKay
P.O.Box 406
Burlingame,CA 94010
Phone: (415) 588-6655
Fax.. (415) 340-1511
5.6.2 Upon receipt of said notice the Arbitrator named above or the alternate shall designate a
Place for, schedule and hold a hearing within.twenty-four (24) hours.
5.6.3 The Arbitrator shall notify the parties by facsimile, telegram or similar means of the place
and time chosen for the session. A failure of any parry or parties to attend said hearing shall
not delay the hearing of evidence or issuance of an award by the Arbitrator.
5.6.4 The sole issue at the hearing; shall be whether or not a violation of this Article has in fact
occurred, and the Arbitrator shall have no authority to consider any matter in justification,
Board Order Revising PIA policy final version 10
explanation or mitigation of such violation or to award damages,which issue is reserved for
court or other arbitration proceedings, if any. The award shall be issued in writing within
three (3) hours after the close of the hearing and may be issued without a written opinion. If
any parry desires a written opinion, one shall be issued within fifteen (15) days, but its
issuance shall not delay compliance with, or enforcement of,the award. The Arbitrator shall
order cessation of the violation of this Article and other appropriate relief, and such award
shall be served on all parties by hand or registered mail upon issuance.
5.6.5 The award shall be final, binding and nonreviewable as to the merits, and may be enforced
by any court of competent jurisdiction, upon the filing of this Agreement and all other
relevant documents referred to hereinabove in the following manner. Facsimile, telegraphic
or similar notice of the filing of such enforcement proceedings shall be given to the other
party. In the proceeding to obtain a temporary order enforcing the Arbitrator's award as
issued under Section 5.6.4 of the Article, all parties waive the right to a hearing and agree
that such proceedings may be ex parte. Such agreement does not waive any party's right to
participate in a hearing for a final order of enforcement. The Court's order or orders
enforcing the Arbitrator's award shall be served on all parties by hand or by delivery to their
last known address or by registered mail.
5.6.6 Any rights created by statute or law governing arbitration or injunction proceedings
inconsistent with the above procedure, or which interfere with compliance therewith, are
hereby waived by the parties to whom they accrued.
5.6.7 The costs of the arbitration, including the fee and expenses of the Arbitrator, shall be
divided equally between the parties to the arbitration.
5.6.8 The procedures contained in Section 5.6 shall be applicable only to alleged violations of this
Article. Discharge or discipline of employees for violation of this Article shall be subject to
the grievance and arbitration procedures of Article 11.
ARTICLE 6
WORK ASSIGNMENTS AND,JURISDICTIONAL DISPUTES
6.1 All Contractors and subcontractors shall stipulate to and have the responsibility for making
work assignments in accordance with the rules, regulations and procedures of the Plan for
Settlement of Jurisdictional Dispute in the Construction Industry approved by the Building
&Construction Trades Council AFL-CIO,June 14, 1984, or any successor plan.
6.2 There will be no strikes, no work stoppages or slowdowns or other interferences with the
work because of jurisdictional disputes.
6.3 Where a jurisdictional dispute exists and cannot be resolved by the Local Unions involved, it
shall be referred for resolution to the International Unions. The resolution of the dispute
shall be reduced to writing, signed by the authorized representative of the International
Unions and:the Contractors). The original assignments made by the Contractor(s) shall be
followed until such time as the dispute is resolved in accordance with this Section.
Board Order Revising PLA policy final version 1
6.3.1 In the event that the respective International Unions of the disputing Locals and the
Contractor(s) are unable to resolve the dispute within five (5) days from the date of referral,
the dispute may be referred by any of the Interested Parties to the arbitration system of the
Plan for the Settlement of Jurisdictional Disputes referred to in Section 6.1 of this Article.
6.4 There shall be no work stoppage, work interruption, strike, sympathy strikes, picketing,
hand-billing or public notices of any kind while any jurisdictional dispute is being resolved.
Pending resolution of the dispute, the work shall continue uninterrupted as originally
assigned by the Contractor(s). The Contractor(s) shall have the right, in the event of a work
stoppage by the Union(s),to replace the employees represented by the Union(s) in violation
of this Agreement in any way the Contractor(s) choose, until the Union(s) effects the return
to work of such employees.
ARTICLE 7
COORDINATOR
7.1 The above-named Coordinator is responsible for the administration and application of this
Agreement, but neither the Coordinator nor the Public Agency shall incur any liability as a
consequence of such administration or application.
7.2 The Coordinator shall endeavor to facilitate harmonious relations between the Contractors
and Unions signatory hereto and will conduct the monthly joint Labor/Management
meeting referred to in Article 8 below. The Coordinator shall not be responsible for the acts
of the Contractors or Unions signatory hereto, and will not be a party to any arbitration or
litigation arising out of this Agreement.
ARTICLE 8
JOINT LABOR./MANAGEMENT MEETINGS
8.1 A joint Labor/Management meeting will be held on a monthly basis between the
Coordinator,the Contractors and the signatory Unions. The purpose of these meetings is to
promote harmonious labor/management relations, ensure adequate communications and
advance the proficiency and efficiency of the Craftsperson and the Contractors on the
Project. 'These .monthly meetings will also include discussion of the scheduling and
productivity on work performed on the Project.
8.2 A Pre Job Conference will be held prior to the commencement of work to establish the
scope of work in each Contractor's contract. When a contract has been let to a
Contractor(s) covered hereby, a Pre Job Conference and/or Mark-Up Meeting shall be
required upon request of any Union(s),Contractor(s) or the Coordinator.
8.3 The Contractor performing the work shall have the responsibility for making work
assignments in accordance with Section 6.1 of this Agreement. The work assignments shall
Board Order Revising PLA policy final version 12
be made in writing. Any craft objecting to the Contractor's proposed assignment of work
shall have ten (10) working days from the date of the markup meeting to submit written
objections to the Contractor before the Contractor makes the work assignments final.
8.4 The Coordinator will schedule and attend all Pre Job and Mark-Up Meetings and participate
in discussions as they pertain to the terms and conditions of this Agreement.
ARTICLE 9
MANAGEMENT RIGHTS
9.1 The Contractor(s) retains full and exclusive authority for the management of their work
forces for all work performed under this Agreement. This authority includes, but is not
limited to the right to:
A. Plan,direct and control the operation of all the work.
B. Decide the number and types of employees required to perform the work safely and
efficiently.
C. Hire, promote and layoff employees as deemed appropriate to meet work
requirements and/or skills required
D. Require all employees to observe the Contractors' Project Rules, Security and Safety
Regulations, consistent with the provisions of this Agreement. These Project Rules
and Regulations shall he reviewed and mutually agreed upon at the Pre Job .meeting
and supplied to all employees and/or posted on the jobsite. The Contractor may
implement drug testing on the job consistent with the drug testing procedures
contained in the applicable craft agreement.
E. Discharge, suspension or discipline will be handled under the applicable craft
agreement.
F. Assign and schedule work at its sole discretion and determine when overtime will be
worked There shall be no refusal by a craft to perform work assigned, including
overtime work, however, individual craftspeople shall not be required to work
overtime unless specifically dispatched for overtime work. Any cases of a craft's
refusal to work overtime shall be subject to the grievance procedure.
G. Utilize any work methods, procedures or techniques and select and use any type or
kind of materials, apparatus or equipment regardless of source, manufacturer or
designator (in accordance with Article 21), except as required otherwise by the
Project documents or accepted construction practices.
Fi. The foregoing listing of management rights shall not be deemed to exclude other
functions not specifically set forth herein
Board Order Revising PLA polity final version 13
ARTICLE 10
WORK.RULES
10.1 The selection of craft foremen and general foremen shall be entirely the responsibility of the
Contractor(s), it being understood that in the selection of such foremen, the Contractor(s)
will give first consideration to the qualified individuals available in the local area and in
accordance with the Craft's local Collective Bargaining Agreement. Foremen and general.
foremen shall take orders from the designated Contractor(s) representatives.
10.2 There shall be no limit on production by employees nor restrictions on the full use of tools
or equipment. Craftpersons using tools shall perform any of the work of the trade and shall
work under the supervision of the craft foremen.
t0.3 Security procedures for control of tools, equipment and materials are solely the responsibility
of Contractor(s).
10.4 A badge system may be used to check in and out. Each employee must personally check in
and out. The Contractor(s) will provide adequate facilities for check in and out in an
expeditious manner.
10.5 Employees shall be at their place of work. (as designated by the Contractor at the pre-job
meeting) and ready to work at the starting time and shall remain at their place of work
perfornning their assigned functions until quitting time. A reasonable time will be allowed
for employees to put company and personal tools in secured storage and return to the
parking lot by quitting time. The parties reaffirm their policy of a fair day's work for a fair
day's wage.
10.6 Slowdowns, standby crews and featherbedding practices will not be tolerated.
10.7 It is understood by the Contractor(s) and agreed to by the Union(s), that the employees of
the Contractor(s) will perform the work requested by the Contractor(s) without having any
concern or interference with any other work performed by any employees of the Owner or
others who are not covered by this Agreement including, but not limited to, maintenance
and operations.
10.8 Rest periods shall be provided in accordance with Industrial Welfare Commission Wage
Order 16. Employees will be permitted to have personal thermos bottles, the contents of
which may be consumed during working hours at their assigned work locations.
10.9 All foremen will remain with their crews and supervise such crews in the performance of
their duties.
10.10 There shall be no interference with vendor or supplier deliveries of equipment, apparatus,
machinery and construction materials to the jobsite since such deliveries shall not fall under
this Agreement. Unloading of the above will be performed by signatory Contractors'
employees.
Board Order Revising PLA policy final version 14
10.11 The Contractor(s) will furnish facilities for storage of tools, adequate sanitary facilities and
clean, heated, dry change rooms. However, Contractor(s) will incur no liability for loss,
theft, or damage to personal tools left in tool storage not provided by the Contractor(s).
The Contractors) has the right to take any reasonable action deemed necessary to control
tool losses. Personal tools when brought onto the jobsite at time of employment may be
inventoried as to type and number of tools and condition.. Tool provision and losses will be
handled according to the individual craft local agreements.
10.12 The Contractor(s) and the Unions recognize the necessity for promoting efficiency and agree
that no rules, customs or practices shall be permitted that cause overmanning, limit
production or increase the time required to do the work, and no limitation shall be placed
upon the amount of work which an employee shall perform, nor shall there be any
restrictions against the use of any kind of machinery,tools or labor-saving devices, except as
required by the Project documents or accepted construction practices. However,the lawful
manning provisions of the Craft local agreements shall be recognized.
10.13 Employees shall receive a one-half hour lunch period with pay and meals at the expense of
the Contractor(s) if the employee is required to work beyond ten (10) consecutive hours (not
including the regular one-half hour lunch period), and after working each additional four (4)
hours. If meals are not provided,a meal allowance of $10.00 will be paid in lieu thereof.
ARTICLE 11
GRIEVANCE PROCEDURE
11.1 All disputes concerning the interpretation and/or application of this Agreement which do
not fall within the Article 5 No-Strike No-Lockout procedure shall be governed by the
following grievance and arbitration procedures. Alt other disputes shall be governed by the
grievance and arbitration procedures contained tin the applicable local collective bargaining
agreement.
11.2 A grievance shall be considered null and void if not brought to the attention of the
Contractor(s) within five (5) working days after the grievance is alleged to have occurred or
within five (5) working days after the Union's first knowledge of the grievance. Similarly, a
grievance shall be considered null and void if not brought to the attention of the Union(s)
within five (5)working days after the grievance is alleged to have occurred or within five (5)
working days after the Contractors(s)' first knowledge of the grievance.
11.3 Grievances shall be settled according to the following Steps:
Step 1: The steward or business representative and the grievant shall attempt to resolve the
grievance with the craft supervisor.
Step 2: In the event the matter remains unresolved for five (5) working days in Step 1
above, within five (5) working days thereafter, the grievance shall be reduced to
Board Order Revising PLA policy final version 15
writing and may then be referred by the Union to the Contractor(s) for
discussion and resolution.
Step 3: In the event the matter remains unresolved for five (5) working days in Step 2,
either Party may request, within five (5)working days thereafter,that the dispute
be submitted to arbitration.
Step 4. The Parties agree that the Arbitrator who will hear the grievance shall be selected
from among the following: Gerald McKay; Thomas Angelo, Morris Davis,
William Reiker and Gerri-Lou Cossak. The Arbitrator shall be selected on a
rotating basis and the Coordinator shall be responsible for advising the parties as
to which Arbitrator is next in line to resolve the dispute. 1f the Arbitrator next in
line is unavailable to hear the dispute within a, reasonable time period in the
opinion of the parties, the next Arbitrator in line shall serve as the Arbitrator of
the dispute.
The addresses, telephone numbers, and fax numbers for the above-named
Arbitrators are listed in Attachment B.
11.4 The arbitration procedure contained herein, once invoked, shall be mandatory. Should a
Party to the procedure fail or refuse to participate in the hearing,if the Arbitrator determines
that proper notice of the hearing has been given, said hearing shall proceed in to a default
award The Arbitrator's award shall be final and binding on all Parties to the arbitration.
The costs of the arbitration, including the arbitrator's fee and expenses, shall be borne
equally by the Parties. The Arbitrator's decision shall be confined to the question(s) posed
by the grievance and the Arbitrator shall not have authority to modify amend, alter, add to,
or subtract from,any provisions of this Agreement.
11. 5 The time limits set out in this procedure may, upon mutual agreement, be extended. Any
request for arbitration, request for extension of time limits, and agreement to extend such
time limits shall be in writing.
11.6 The Contractor(s), as well as the Union,may bring forth grievances under this Article.
ARTICLE 12
UNION RECOGNITION AND REPRESENTATION
12.1 All employees working on the project shall be governed by the applicable union security
clause of the applicable craft's Schedule A Agreement.
Employees hired by the Contractor(s) shall, as a condition of employment, be responsible
for the payment of the applicable monthly dues, working dues and any associated fees
uniformly required for union membership in the local union which is signatory to this
agreement. Further, there is nothing in this Agreement that would prevent non-union
employees from joining the local union.
Board order Revising PLA policy final version 16
12.2 The Contractor(s) recognizes the Unions signatory hereto as the sole and exclusive collective
bargaining representatives for its craft employees on the Project.
12.3 Authorized representatives of the Unions shall have access to the site during established
working hours,provided they do not unduly interfere with the work of the employees.
12.4 A Steward shall be a working journeyman appointed by the authorized union representative
of the Local Union(s) who shall, in addition to work as a journeyman, be permitted to
perform during working hours such Union(s) duties as cannot be performed at other times
which consists of those duties assigned by the Business Manager or Business Agent. The
Union(s) agrees that such duties shall be performed as expeditiously as possible and the
Contractor(s) agrees to allow the Steward a reasonable amount of time for the performance
of such duties. It is understood and agreed that the Steward's duties do not include any
matters relating to referral or hiring. The Steward shall not leave the work area without
notifying the appropriate supervisor.
12.5 The Steward will be paid at the journeyman wage for the job classification in which the
Steward is employed.
12.6 The treatment of stewards shall be in accordance with the applicable craft agreement.
ARTICLE 13
REFERRAL
13.1 Contractors performing construction work on the Project described in the .Agreement shall,
in filling craft job vacancies, utilize and be bound by the registration facilities and referral
systems established or authorized by the Unions signatory hereto when such procedures are
not in violation of Federal law. The Contractor(s) shall have the right to reject any applicant
referred by the Union(s), in accordance with Article 19.
13.2 The Contractor(s) shall have the unqualified right to select and hire directly all supervisors
above general foreman it considers necessary and desirable, without such persons being
referred by the Union(s).
13.3 In the event referral facilities maintained by the Union(s) are unable to fill the requisition of
a Contractor(s) for employees within a forty-eight (48) hour period after such requisition is
made by the Contractor(s) (Saturday, Sunday and holidays excluded), the Contractor(s) shall
be free to obtain employees from any source.
13.4 The Unions shall exert their utmost efforts, including requesting assistance from,other Local
Unions, to recruit sufficient number of skilled Craftpersons to fulfill the labor requirements
of the Contractors.
13.5 Recognizing the special needs of this Project and the acute shortage of skilled craftspeople,
the Unions shall consider a Contractor's request to transfer key employees to work on this
Project in a manner consistent with the Union's referral procedures.
Board Order Revising PLA policy final version 17
ARTICLE 14
NON-DISCRIMINATION
14.1 The Unions and Contractors shall not discriminate against any employee or applicant for
employment because of race, creed, color, sex, national origin, age, religion,Vietnam veteran
or Vietnam Era status, disability as identified in the Americans with Disabilities Act or any
other basis recognized by law.
ARTICLE 15
APPRENTICES
15.1. Recognizing the need to maintain continuing support of programs designed to develop
adequate numbers of competent workers in the construction industry,the Contractor(s)will
employ apprentices in the respective crafts to perform such work as is within their
capabilities and which is customarily performed by the craft in which they are indentured.
15.2 The apprentice ratios will be in compliance with the applicable provisions of the California
Labor Code and Prevailing Wage Rate Determination.
15.3 There shall be no restrictions on the utilization of apprentices in performing the work of
their craft provided they are properly super ised.
ARTICLE 16
WAGE SCALES and FRINGE BENEFITS
16.1 All employees covered by this Agreement shall be classified and paid in accordance with the
classification and wage scales contained in the appropriate local agreements which have been
negotiated by the historically recognized bargaining parties and in compliance with the
applicable general prevailing wage determination made by the Director of Industrial
Relations pursuant to California Labor Code.
16.2 During the period of construction on this Project, the Contractors agree to recognize and
put into effect such increases in wages and recognized fringe benefits as shall be negotiated
between the various Unions and the historically recognized local bargaining parties on the
effective date as set forth in the applicable collective bargaining agreement. The Unions
shall notify the Contractors in writing of the specific increases in wages and recognized
fringe benefits and the date on which they become effective.
16.3 The Contractors hereby adopt and agree to be bound by the written terms of the legally
established local trust agreements specifying the detailed basis on which payments are to be
made into, and benefits paid out of, such appropriately qualified employee fringe benefit
Board Order Revising PLA policy final version is
funds established by such appropriate local agreements. The Contractors authorize the
parties to such local tryst agreements to appoint Trustees and successor Trustees to
administer the trust funds,and hereby ratify and accept the Trustees so appointed as if made
by the Contractors.
16.4 Wages due shall be paid to all employees weekly,not later than on Friday,and not more than
three (3) days` wages may be withheld and shall be paid before the end of the work shift.
Payment shall be made by check with detachable stub.
16.5 When an employee is discharged, the employee shall be paid wages due immediately. If an
employee voluntarily terminates,wages due shall be paid in accordance with California State
Law.
ARTICLE 17
HOURS OF WgR&OVERTIME and SHIFTS
17.1 Flours or Work: The work week will start on Monday and conclude on Sunday. Eight (8)
hours per day shall constitute a standard work day between the hours of 6:00 a.m. and
5:30 p.m.with one-half (1/2) hour designated for lunch midway through the shift. Forty
(40) hours per week,Monday through Friday, shall constitute a regular week's work. The
foregoing provisions of this Article are applicable unless otherwise provided in the
General Prevailing Wage Determinations made by the Director of Industrial Relations
pursuant to California Labor Code. Nothing herein shall be construed as guaranteeing
any employee eight(8) hours per day or forty(4 )hours per week.
17.2 Overtime- Overtime will be in compliance with the applicable General Prevailing Wage
Determination made by the Director of Industrial Relations pursuant to California Labor
Code.
17.3 Shifts: The Contractor(s) shall have the right to establish shifts for any portion of the work
in accordance with this Section.
17.3.1 If two (2) or three (3) shifts are worked, the first shift shall consist of eight (8) hours of
continuous work exclusive of a one-half (1/2) hour non-paid lunch period, the second
shift shall consist of seven and one-half (7 1/2) hours of continuous work exclusive of a
one-half (1/2) hour non-paid lunch period and the third shift shall consist of seven (7)
hours of continuous work exclusive of a one-half (1/2) non-paid lunch period for eight
(8) hours pay.
17.3.2 Shift work may be performed at the option of the Contractor(s) but, when performed, it
must continue for a period of not less than five (5) consecutive working days. The
straight time work week shall be considered to start with the day shift on Monday and
end with the conclusion of the second or third shift on the fifth consecutive day.
Hoard Order Revising PLA policy final version 19
ARTICLE 18
HOLIDAYS
18.1 Holidays will be in compliance with the applicable General Prevailing Wage Determination
made by the Director of Industrial Relations pursuant to California Labor Code.
ARTICLE 19
REPORTING PAY
19.1 Any employee reporting for work and for whom no work is provided, except when given
prior notification not to report to work, shall receive two (2) hours pay at the regular
straight time hourly rate. .Any employee who starts work shall receive at least four (4)
hours pay at the regular straight time hourly rate. Any employee who works beyond four
(4) hours shall be paid for actual hours worked.
19.1.1 Whenever minimum reporting pay is provided for employees, they will be required to
remain at the project site available for work for such time as they receive pay, unless
released sooner by the principal supervisor of the Contractor(s) or its designated
representative.
19.1.2 The provisions of this Section are not applicable where the employee voluntarily quits, in
which case the employee shall be paid for the actual time worked.
t9.2 It will not be a violation of this Agreement when the Owner or Contractor(s) consider it
necessary to shut dawn because of an emergency situation that could endanger life or
property. In such cases, employees will be compensated only for the actual time worked
In the case of a situation described above whereby the Owner or Contractor(s) request
employees to wait in a designated area available for work, the employees will be
compensated for the waiting time.
ARTICLE 20
TRAVEL, SUBSISTENCE and ZONE PAY
20.1 Travel, subsistence and zone pay will be in compliance with the applicable General
Prevailing Wage Determination made by the Director of Industrial Relations pursuant to
California Labor Code.
ARTICLE 21
HEALTH AND SAFETY
21.1 The employees covered by the terms of this Agreement shall at all times, while in the
employ of the Contractor(s), be bound by the safety rules and regulations as established
Board Order Revising PLA policy final version 20
by the Owner and Contractor(s) and in accordance with OSHA/Cal-OSHA. These rules
and regulations will be published and posted at conspicuous places throughout the
Project.
21.2 In accordance with the requirements of OSFWC,a.-OSHA, it shall be the exclusive
responsibility of each Contractor(s) on the Project to assure safe working conditions for
its employees and compliance by them with any safety rules contained herein or
established by the contractor(s). Nothing in this Agreement will make the Union(s) or
owner liable to any employee or to other persons in the event that injury or accident
occurs.
21.3 A convenient supply of cold and potable drinking water shall be provided by the
Contractor(s).
21.4 The Contractor(s) and Union(s) agree to abide by the substance abuse policy contained in
the respective Master Collective Bargaining Agreements for the affected crafts.
ARTICLE 22
SECURITY OF MATERIAL, EQU[PMENT and TOOLS
22.1 Security procedures for the control of tools, equipment and materials shall be solely the
responsibility of the Contractor(s).
22.2 All employees will comply with the security procedures established by the Contractor(s) and
the Owner.
22.3 Theft and/or loss of the Owner's tools and equipment is a major concern on the Project.
The Owner's Security Regulations will be strictly enforced.
22.4 Violations or failure to comply with the Owner's Security Regulations while on the Project
jobsite may result in termination and/or exclusion from the Project jobsite.
ARTICLE 23
CALL-INS
23.1 Call-ins will be governed by the applicable craft collective bargaining agreement.
Board Order Revising PLA.policy final version 21
ARTICLE 24
ENTIRE AGREEMENT
24.1. This Agreement represents the complete understanding of the parties but shall not affect the
validity of the Public Agency's Project documents. In the event of conflict between this
Agreement and the Project documents,the Project documents shall take precedence.
24.2 The Unions agree that this Agreement covers all matters affecting wages, hours and other
terms and conditions of employment, and that during the terms of this Agreement, neither
the Contractor(s), nor the Union(s) will be required to negotiate on any further matters
affecting these or any other subject not specifically set forth in this Agreement except by
mutual agreement of the Unions involved and the Coordinator.
24.3 Any other agreement or modification of this Agreement must be reduced to writing and.
signed by the Coordinator and the Unions involved.
ARTICLE 25
GENERAL SAVINGS CLAUSE
25.t It is not the intention of either the Contractor(s) or the Union(s) parties to violate any laws
governing the subject matter of this Agreement. If any Article or provision of this
.Agreement shall be declared invalid, inoperative, or unenforceable by any competent
authority of the executive,legislative,judicial or administrative branch of the federal, state or
local government, the parties shall suspend the operation of each such article or provision
during the period of invalidity. Such suspension shall not affect the operation of any
provision covered in this Agreement to which the law or regulation is not applicable.
Further, the Contractor(s) and Union(s) agree that if and when any or all provisions of this
Agreement are finally held or determined to be illegal or void by a Court of competent
jurisdiction, the parties will promptly enter into negotiations concerning the substance
affected by such decision for the purpose of achieving conformity with the requirements of
an.applicable law and the intent of the parties hereto.
25.2 In the event that a decision of a Court of competent jurisdiction materially alters the teens
of the Agreement such that the intent of the parties is defeated, then the entire Agreement
shall be null and void.
Board Order ltevisirg PLA.policy final version 22
ARTICLE 26
DURATION OF AGREEMENT
26.2 This Agreement shall became effective on the day the Omer wards the first contract
covered by the scope of this Agreement and shall continue in. full force and effect antil
completion of the scope of the Project. The parties may mutually agree in writing to amend,
extend or terminate this Agreement at any time.
DATE: , 2003
CONTRACTOR CONTRA COSTA BUILDING&
CONSTRUCTION TRADES COUNCIL
By: By:
(Signature) Chief Executive Officer
Name:
Capacity:
PROJECT MANAGER COORDINATOR
CONTRA COSTA COUNTY CONTRA COSTA COUNTY
By: By:
(Signature) (Signature)
Name: Barton 1.Gilbert Name: Barton_1. Gilbert
Capacity: Director of General Services Capacity: Director of General Services
Board Order Revising PLA policy final version 23
PROJECT LABOR AGREEMENT
Signatory Unions:
Asbestos Workers Local #16 Iron Workers Local #378
Bricklayers&Allied Craft Workers Local #3 Northern California District Council of Laborers
Northern California Carpenters Regional Council Operating Engineers Local#3
Millwrights Local #102 Painters&Allied.Trades District Council #6
District Council of Plasterers&Cement Masons Pile Drivers Local #34
Electricians Local #301 Sheet Metal Workers Local#104 -
Plasterers Local #66 Sprinkler Fitters Local #483 -
Plumbers Local #159 Steaxnfitters Local #342
Roofers Local #81 Underground Utility/Landscape #355
Teamsters Local #315 Elevator Construction Local #8
Boilermakers Local #549 Laborers Local #324
Hod Caniers Local #1.66 Lathers Local #68L
Board Order Revising PLA policy final version 24
ATTACMENT "A„
PROJECT LABORAGREEMENT
FOR
BETWEEN
AND
SIGNATORY CONTRA COSTA COUNTY BUILDING CONSTRUCTION
TRADES UNIONS
AGREEMENT TO BE BOUND
The undersigned, as a Contractor or Subcontractor(CONTRACTOR) on, (hereafter PROJECT),for and in
consideration of the award to it of a contract to perform work on said PROJECT, and in further
consideration of the mutual promises made in the "Project Labor Agreement" (hereinafter AGREEMENT"),
a copy of which was received and is acknowledged,hereby:
Accepts and agrees to be bound by the terms and conditions of the AGREEMENT,together with any and all
amendments and supplements now existing or which are later made thereto:
The CONTRACTOR agrees to be bound by the legally established local trust agreements as set forth in
Article lb of this AGREEMENT.
The CONTRACTOR authorizes the parties to such local trust agreements to appoint trustees and
successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so
appointed as if made by the CONTRACTOR,
Certifies that it has no commitments or agreements which would preclude its full and complete compliance
with the terms and conditions of said AGREEMENT.
Agrees to secure from any CONTRACTORS) (as defined in said AGREEMENT) which is or becomes a
Subcontractor(of any tier)to it,a duly executed Agreement to be Bound in form identical to this document.
Dated:
(Name of Contractor)
(Name of Prime Contractor or I iigher (Authorized Officer&Title)
Level Subcontractor)
(Address)
(Phone) (Fax.)
Board Larder Revising PLA policy Banal version 25
ATTACHMENT "B"
ARBITRATORS
Gerald McKay
P.O.Box 406
Burlingame,CA 94010
Phone: (415)588-6655
Fax: (415) 340-1511
Thomas Angela
P.O. Box 1937
Mill Valley,CA 94942
Phone: (415) 381-1701
Fax: (415) 380-9792
Morris E.Davis,Esq.
760 G Canyon Oaks Drive
Oakland,California 94605
Phone:510-635-4509
Fax: 510-635-4509
E-mail:Mordavis@att.net
William Riker
15 Santa.Paula Ave.
San Francisco,CA 94127
Phone: (415) 664-1538
Fax.: (415) 664-1538
email:werarb@earthlink.net
Jerilou Cossack
3231 Quandt Road
Lafayette,CA 94549
Phone: (925) 939-1904
Fax: (925)939-19014
email:jcossack@bigfoot.com
Board Order Revising PLA policy final version 26
Marked as Revised
Policy Regarding the Use of
Project Labor Agreements
on County Construction Projects
I. Summary and Background
A. Certain large, complex County construction projects involve numerous
contractors and employees in different trades, have critical timelines for
completion, and require a skilled and properly trained workforce to
successfully complete the work in a proper and timely manner. In order to
avoid costly delays and additional expense to the County, it is essential that
construction on such projects proceed without the labor disruptions that
can occur on long-term projects both from external labor relations
problems and from the frictions that often arise when a large number of
contractors and their employees work in proximity to one another on a job
site.
B. In the private sector, project labor agreement have been used for years on
large, complex construction projects to achieve satisfactory performance and
the economic benefits that result from having a guaranteed source of skilled
workers and from avoiding disruptions in work.
C. In the public sector, project labor agreements have been used successfully by
the County and other public entities in Contra Costa County for hospital,
school, reservoir, wastewater, and other large, complex construction
projects. Such agreements have been a major factor in producing quality
construction work and projects completed on time, within budget, and
without labor strife or disruptions.
U. As a result of the County's successful experience with project labor
agreements, the Board of Supervisors has requested that a uniform policy be
developed to cover the use of such agreements for construction contracts
awarded by the Board. This policy is intended to provide general guidance
for County construction projects, subject to any modifications or
exemptions that may be approved by the Board.
II. Application of Policy
This policy applies to all construction projects with=n- estim- ted cess: a total contract
a ark price of$1 million or more awarded by the Board of Supervisors,..r!e r,diess.otl e
estimated pro ect cost.
III. Required r'�=evisie sPLA Form
BOARD ORDER revising PLA policy version 2 3
Marked as Revised
Unless the Board of Supervisors by majority vote determines otherwise, for construction
projects that are subject to this policy, as a condition of contract award, the successful
bidder (contractor) shall be required to sign a project labor agreement (PLA) with the
Contra Costa Building and Construction Trades Council or other labor organization(s) or
labor union(s) approved by the County. T er- , the-PLA ShA eent,,in the f„yl..win.,
pre The PLA zenerallv shall be in the form attached to thisyo.licy, sub'ecj t to any
chanzees approved by the Countv Administrator.
members. !
repr
i ! ! eendOfie
in an),stfik
!
! > 519 ! !
strike, sympath
picketing, S work stoppage, work !
other- labor- disruption — earest.
C t rtO —e m tri (s)
RThe tiniens and their member-9 shall eentinue work an t4e project
despite th- E)f applicable bargaining agreements.
S the S
dismptiens and delays ef the project arising 4effiI
disputes, including .
(OT-he PLA st l J f f t:-1--e — ly �ar the pr-e ria
L'Tx-a��s`�`r�-�i�ierrz��crrci-sre-c-m
by the eefftfaete-r diffiring the term ef the projeet at the project
(h)The eentraet require all
yas eendition e.
cin the r,vr,jet to ben nwt:r.n +rte the PLA.
any new hires beyead their own e re work fer-ce (Elefined as per-sons
An ULM- e-Antracter-'s or aet-44'xe payrell for 60 of the
wn WerOOT-he PLA daes not affeet the l�
! 5
BOARD ORDER revising PLA policy version 2 4
Marked as Revised
stibsi-diaries, or affiliates
(�The PLA does net apply to the Y 9
managerial .3 ! S
4441T"� nn
! whether i implied, actual, apparent,
ostensible,
to bind the Getinvy.
(n)T�e County has the right at all times to Perfef-m ;In�zoqr II_9ntFma_
1,; Af thme e0azt-r-m-e-tion and related work on the p-)---
f•.rntwn.r+�,.- to the gnntery «.t r
and the subeentraeter-s hav�-the right te
pur-ehase materials and equipment ffem any souree, and the crafts.m.-eft
will handle---nd ifistall such I
federal,(p)The PLA does net apply te any wark performed en Or4ea'4mg
to or into the project site by ) ) !
y
an&er-by the County or- its eantraeter-W for wer-IVxLir-L is not part of th the fabrieatlen er-manf
any Gempenen, eq_fmneat, or materials
3
at the wwe and of nr n.t
i nachineryY paekage units,
factefy
! yteels,
ing de na
�)After-the.4--n-suillatien is eempleted by the
SubeentraetEW-W3 the County, the )
and the subeeatraeter(s4
reserve the right to per-farm start u� i Yrepair-Yat er systems with per-sons ef the y
Y
CA2.tr sete )s Gil +.�.�.``�, .moi u�v'�.vii�.. J+r�rir.� S� c
�..�.,, atiJ J�.hvz.✓e.
(01f required the seniee We-m
to prete
of a piece of equipment.
(OT-he PT=A is binding ea4y en �L_ I:-- (the contractor-, the
subeentractors,
and thY
own
BOARD ORDER revising PLA policy version 2 y
Marked as Revised
(Y)The eentraaer, the Subee faetefs-r-and Elie anions shall abide4y-a
'Z116qt-anee abuse p9hey as may be required by the Ceunty or-the
-ter
(W)AII empleyees shall eemply with the SVQGU_rity preeeder e4�111:111-A
by the reentracter a*d th.-P C-Punt",.
:(24(q)............_The PLA shall be subject to appreval as te ferm by the Count-Y
C4�.
IV. Miscellaneous
Fieff-fifid-i-vidual prejeets, the PLA la'xi-11 b-P Seat fi-afth ifl d-eta-41 in the proje
specifieations anj may vary from the previ-si–efl.- 1:—.4 �
_ -b-ove, as determined by the Ceunty
Adffl_�Miq_Fatef. The requirement feff a N–A d—ni-ag- Hn-tC _QX_r_-_1;Ude any Geatr-aeter (unien e
from bidding on the prejeet. The PLA fnttst be negetia-ted within 14 days after-
the apparent lowest, FeSpeR410 biddPff- i-S RG-tified by the County. If the contmeter-an4-4ie
e, t h e m at t e r s k a 11 b_e
StIlmitted to fiaA binding-Mbitrati-An withip 10, d S.
aay
A. For.injivIduaLp q�,.jb.e PLA form will be included in the Project
........... .................................................. Epit .11-1.. I I-—,............ included_-.1 -,this
the.......Project.
...............
�pecifications and may var from. the form attached to thi.�
V - - A -policy, as
determined by the Countv Administrator.
B. Th C
................ fora not ax.i.vs,-onlra tor (union or no..n..-.
onion.) from bidding on the . ro ect
C. This-policy revises the previous poplicy adopted,by the Board on January 15,
20;02.
Attachment- Standard.Form PLA
BOARD ORDER revising PLA policy version 2 6
Associated Builders and Contractors
got Golden Gate Chapter
ASSOCIATED BUILDERS
AND CONTRACTORS,INC.
GOLDEN GATE CHAPTER
August 6, 2003
Laura Lockwood
Director, Capital Facilities and Debt Mgt.
Contra Costa County
651 Pine St., 6th Floor
Martinez, CA 94553
Dear Director Lockwood:
On August 12, the Contra Costa County Board of Supervisors will consider modifications
to the county's Project Labor Agreement policy. The Golden Gate Chapter of Associated
Builders and Contractors asks the county to use this opportunity to change the threshold
of this policy from $1 million to $20 million.
The "suminary and background" section of this policy refers to "large, complex County
construction projects" and the need to avoid"labor disruptions that can occur on long-
term projects." The construction costs of the three most recent projects covered by this
PLA policy have been between $1 million and $2.5 million--definitely not large,
complex, long-term projects. News reports at the time the original policy was considered
indicated that some county supervisors and union officials were planning on a threshold
between $20 million and $25 niillion. It is clear that the $1 million threshold was not
properly evaluated.
Please change the threshold to $20 million.
Sincerely,
Devin C. Dayton
Governinent Affairs Director
11875 Dublin Boulevard, Suite C-258 • Dublin, California 94568-2842
Tel (925) 829-9230 • Fax (925) 829-5743 ® www.abc.org/gate