Watsonville City Council
October 14, 2025

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 27 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Warrants
Felony
Recall after 10
years.

Exception:
murder/escape
Recommended by the California Law
Enforcement Warrant Officer’s
Association
Misdemeanor Criminal Recall after 5
years
Recommend by the California Law
Enforcement Warrant Officer’s
Association
Served CU Includes Warrant Service Information
card, alpha index card
Unserved (Local) Until served,
recalled, or
purged
PATROL
Card
Dispatch
CU + 2 GC34090
Field Interview CL + 2 GC34090
Citations
11357 (e), juvenile,
CL + 2 11361.5H&S*
11357b H&S, 11357c H&S,
11360b H&S violations
CL + 2 11361.5 H&S* *CA Admin Code, Chapter 1, Title II, Sec. 708
Cite and Release CL + 2 GC34090
California Vehicle Code
Infractions (duplicates)
CU + 90 days GC34090 Original is forwarded to court.

Parking/Traffic (Duplicates) CU + 2 GC34090.7 Originals are forwarded to court after agency processing; includes citations
electronically created
Transmittals CU + 2 GC34090 Listing of citations forwarded to court, filed for reference
Equipment
Radio Logs (Communications)
CU + 2 GC34090 Documents problems, malfunctions,
resolution to provide equipment
performance history
General Orders P
Patrol Requests
(Correspondence)
CU + 2 GC34090 From citizens for patrol presence
Radar calibration records T + 2 GC34090 Documentation of Radar instruments retained during use/ownership
Reports
Accidents
CL + 2 GC34090 Non-injury
Traffic Collisions Fatalities P
Vehicle
Assignment Reports
S Record of assignments
Down Reports CU + 1 Printouts reporting which vehicles are down for repair, maintenance, etc.

Repossession/Private
Impounds
CU + 2 GC34090
Service Schedules S GC34090
Vests, Bulletproof Letters CU + 2 GC34090 Authorization to purchase

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 28 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Warrants
Parking
Recall after 1
year
Recommended by the California Law
Enforcement Warrant Officer’s
Association
Traffic Recall after 5
years
Recommended by the California Law
Enforcement Warrant Officer’s
Association
Weapons, Database P Departmentally-owned weapons,
personal weapons, alternate weapons,
secondary handguns; produces
inventory reports

SERVICES
Chemical/Film Inventories S
Equipment
Inventory/Sign-out cards --
Photo lab
T
Operation Files – Photo lab T Retain until equipment no longer owned/used by department; Manuals,
instructions, procedures for
use/operations of photographic
equipment
Grievance Files CL + 3 GC34090 Grievance filed by employees, supporting documentation
Investigations, Background CL + 2 GC34090 Non hired
Background hired P Include original reports re: PC 832.5 investigations
Parades & Special Events File CL + 3 GC34090 Reports, memos, correspondence, scripts, supplier information,
assignments, deployments, supporting
documentation
Permits
Alcoholic Beverage Control
License
L + 2 GC34090 Approval process
Permits – Entertainment CU + 3 Dept. Policy Application & receipt copy included Concealed Weapons CL + 2 GC34090
Photographs
Personnel
S + 2 GC34090
Negatives Log CU + 2 GC34090
Negatives, Misc. CU + 2 GC34090 Not case-related (Public relations, promotions, events, ceremonies, staff
photos)
Press Releases CU + 2 GC34090
Press, video programs
(Community Relations)
CU + 2 GC34090 Collection of videos of programs and
events; outside press coverage of
department
Property Files CU + 2 GC34090 Original reports and supplemental documentation (Lost, Found,
Safekeeping)
Property, Pawn
Broker/Secondhand
CU + 2 GC34090 Sales, slips. Dealer required to file
duplicate with agency
Reports
Dealer of Gun Sales, Duplicate
CU + 6 GC34090.7 Original maintained by DOJ. Dealer
required to file duplicate with agency

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 29 PUBLIC SAFETY
Record Series Retention Citation Descriptor
Restraining Orders,
Emergency Protective Orders,
Temporary Restraining Orders,
Legal Stipulations, Orders after
hearing
CU (See
descriptor)
Destroy after law enforcement actions
described in PC 273.5, 273.6, 646.9,
12028.5, 13700 and Family Code
Sections 6380-6383 are fulfilled and
effective date of restraining order has
expired.

Rosters (Divisional) S + 2 GC34090 Personnel assigned to division.

Schedules
Daily
CU + 2 GC34090 Schedules of officers on duty
Watch
Assignment/Timekeeping
Records
CU + 2 GC34090
Speakers Requests CU + 2 GC34090 Community and business requests for public appearances, speakers
Test, Densitometer Results
(Photo Lab)
T + 2 GC34090 Daily tests of development
chemicals/processes for quality control
Training
Bulletins
P
Event Files CU + 2 GC34090 Correspondence, brochures,
promotional materials, information on
speakers, guests, supporting
documents
Lesson Plans, Range CL + 15 GC34090 Scope, content, time period of courses Personnel (by name) T + 7 GC34090 Paperwork documenting officers’ internal and external training
Schedules, Range CU + 2 GC34090 Daily, weekly, monthly schedules of training events at range
Volunteer Card Files T + 2 GC34090 Volunteers’ identification, contact information

TAXICABS
Auto for Hire T + 4 GC34090 License, permits for taxicabs, shuttles, etc.

Note 1: The destruction of felony, misdemeanor and infraction Crime/Supplemental Report is permitted providing:

1. They do not relate to an unadjudicated arrest except for H&S 11357 or H&S 11360 violations.

2. They do not relate to unserved warrants.

3. They do not involve identifiable items that have not been recovered.

4. They do not relate to PC 290, PC 457.1, or H&S 11590 registrants.

5. They do not relate to violations listed in PC Sections 799 and 800.

6. The cases are not presently involved in either a civil or criminal litigation.

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 30 PUBLIC WORKS
Record Series Retention Citation Descriptor

SANITATION/SOLID
WASTE

WASTEWATER
Collections/Landfill CU + 2 GC34090 Daily records, usage Facilities CU + 2 GC34090 Correspondence, maps, patron list History, Sanitation P GC34090 Where City-owned
Incineration Plants, Sludge CU + 2 40 CFR 61.54 Sludge, sampling, charging rate to measure mercury content
Incinerator operations,
Treatment Plant
CU + 2 40 CFR 60.153 Gas flow through wet scrubbing, oxygen content of exhaust gas, sludge rate,
temperatures, fuel flow, total solids and
volatile solids
Maintenance and operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints
Maps, septic tanks P GC34090 Locations maps
Rates CU + 2 GC34090
Recycling Programs S + 2 GC34090
Regulations S + 2 GC34090 Includes legislation
Reports
Studies CL + 3 GC34090
Tonnage CU + 2 GC34090

STREETS/ALLEYS
Abandonment/Vacations P GC34090
Closures P GC34090
Easement, Dedications,
Rights-of-Way
P GC34090
Field Books P GC34090
Grants (see Admin.)
Intersection Records CU + 2 GC34090 Includes correspondence, volume counts, accident history
Inventory, Traffic Control
Device
S + 2 GC34090 Signs, lights
Landscaping CU + 2 GC34090 Plants, tree maintenance, work orders Lighting CU + 2 GC34090 Maintenance, work orders
Maintenance/Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints,
signals, striping
Maps P GC34090 Fire hydrants, lighting districts, wheel chair ramps, storm drains, streets,
sidewalks, sewers
Master Plans CU + 2 GC34090
Parking
Lots CU + 2 GC34090
Regulations S + 3 GC34090
Reports/Studies CL + 3 GC34090
Permits
Encroachment P GC34090
Improvement CL + 3 GC34090 May include curbs, sidewalks; Applications for excavation, fill,
alterations
Oversize Load CL + 3 GC34090

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 31 PUBLIC WORKS
Record Series Retention Citation Descriptor
Parking CL + 3 GC34090 Residential
Paving CL + 3 GC34090
Use (Temporary) CU + 2 GC34090 Includes special events
Photographs S + 2 GC34090 Includes aerials
Plans, Capital Improvement,
Projects
P GC34090 Streets, curbs, gutters, sidewalks, storm
drains
Policies and Procedures S + 3 GC34090 Includes rules, regulations, standards Naming and numbering P GC34090
Speed limits S + 3 GC34090
Programs
Federal Aid Urban CL + 3 23 CFR 633 (a) &
(c)
Traffic Safety S + 3 GC34090 Drivers education, pedestrian safety, bicycle lanes
Reports
Bridges & Overpasses L GC34090 Life of structure
Inspection CU + 2 GC34090 Includes intersection, sidewalks.

Bridges and overpasses, keep life of
structure
Studies CL + 3 GC34090 Traffic volume, accident history requests, statistics, drawing supporting
traffic devices
Traffic count CL + 2 GC34090 Evaluation of traffic volume Vehicle accident CL + 3 GC34090
Railroad Right-of-way CL + 3 36 CFR 64.11 Land acquisitions, correspondence, improvements statutory records
Routes, school bus and truck S + 2 GC34090 Truck routs
Signage L + 2 GC34090 Log books, index register cards,
inventory lists, records of traffic signs
Traffic signals L Logs, wiring diagrams, codes, circuit installation records, and testing
maintenance.

Weigh scales S + 2 GC34090

TRANSPORTATION
Agreements T + 4 Including concessionaire, slip rental, facility storage
Applications
Parking
Slip rentals
T + 3 Payment invoices, inventory listing,
billing correspondence and other
related documents
Special Events CU + 2 Permits, correspondence, related
documents re use of right of way
Fueling AU + 4 Meter readings, fuel consumption
reports, invoices, receipts and records
pertaining to refueling operations
Hazardous Waste Disposal CU + 10 Documentation re: the handling and disposal of hazardous waste
Inventory, Equipment, Parts, &
Supplies
L Includes vehicles, aircraft, vessels, and
related documents re repairs
Inventory, Vehicle Ownership
and Title
L Owners manual, warranty documents,
Department of Motor Vehicle title and
registration, and related documents

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 32 PUBLIC WORKS
Record Series Retention Citation Descriptor
Licenses, Permits CU + 2 Forms, related documentation re licenses and permits required by federal
and state agencies
Maintenance & Operations CU + 2 GC34090 Related to requests for service and work orders for fuel, vehicle and
equipment maintenance and repairs
Report Accident (Copies) CU + 2 GC34090 Memos and working documents Vehicle Assignment CU + 2 GC34090 Log books, request forms, lists

UTILITIES
Facilities T + 3 GC34090 If city owned
Gas & Electric Rates S + 2 GC34090
Underground P GC34090 GC4003, GC4004; H&S 19850
WATER/

WASTEWATER
Billing/Customer Records CU + 2 GC34090 Billings, correspondence, complaints Connection Records P GC34090 Maps, water line connections Flood Control
Drainage Facilities P GC34090 Includes dams, lakes, basins, creeks Flood Zones P GC34090 Includes flood maps
Insurance Programs S + 2 GC34090 Includes copies of policies, rules, programs
Policies & Procedures S + 3 GC34090 Rules and Regulations Reports/Studies CL + 3 GC34090
Grants (see Admin.)
Inventory, Equipment CU + 2 GC34090
Locations P GC34090 Mains, valves, hydrants, wells
Maintenance & Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints
Service CU + 2 GC34090 Includes work orders, entry cards, manholes, service to property owners
Well & Pumping CU + 2 GC34090 Times operational, power used and quantity
Maps P GC34090 Line location; easements
Master Plans CU + 2 GC34090
Meter Operations CU + 2 GC34090 Reader reports, orders, tests Maintenance Reports
Permits
National Pollutant
Discharge Elimination
System (NPDES)
P 40 CFR 122.28 Municipalities of 100,000/more,
compliance with Clean Water Act re:
pollutants
Others CU + 2 GC34090 May depend on terms of state of federal agency
Policies and Procedures S + 2 GC34090 Includes rules and regulations Rates S + 2 GC34090
Reclamation CU + 5 40 CFR 122.41 Daily operations including sewage flow, grit removal, chlorine usage, lab
analysis results, etc.

Reports
Conservation CU + 2 GC34090
Consumption CU + 2 GC34090

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 33 PUBLIC WORKS
Record Series Retention Citation Descriptor
Corrosion Control CU + 12 40 CFR 141.91 Compliance documentation Discharge monitoring CU + 5 40 CFR 122.41 Average amount of pollution discharged into waters of municipality
Drinking Water Corrections CU + 10 40 CFR 141.33
Hydrograph P GC34090 Daily flow of streams
Lead Service Line CU + 12 40 CFR 141.91 Compliance documentation Public Education CU + 12 40 CFR 141.91 Compliance documentation Quality Parameters CU + 12 40 CFR 141.91 Compliance documentation Sanitary surveys CU + 10 40 CFR 141.33 Statistics, reports, correspondence Source Water CU + 12 40 CFR 141.91 Compliance documentation, e.g. lead & cooper
State Certification CU + 12 40 CFR 141.91 Compliance documentation Variances, Water System CU + 5 40 CFR 141.33
Well level CU + 2 GC34090
Sources CU + 2 GC34090 May include wells, rivers, lakes, districts Surveyor Field Notes P GC34090 Notes preparatory to maps of water installations
Surveys, Water System
Sanitary
CU + 10 40 CFR 141.33 Statistics, reports, correspondence Test
Bacteriological analysis CU + 5 40 CFR 141.33 Compliance records include location, date, method and results; corrections,
analysis of bacterial content
Chemical analysis CU + 10 40 CFR 141.33 Compliance records include locations, date, method used and results.

Corrections, analysis of chemical
content
Quality CU + 12 40 CFR 141.91 Compliance documentation including sampling data, analysis, reports,
surveys, documents, evaluation,
schedules, valves, etc.

Valve Main Records P GC34090
Violations, Drinking Water CU + 3 40 CFR 141.33 Retention applies to each violation

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 34 INDEX
Abandoned vehicles, 12
Abandonment, 14
Abandonment/Vacations, 30
Accident Reports – City Assets, 7
Accidents, 27
Account Statements, 16
ACCOUNTING, 14
Accounts Payable, 14
Accounts Receivable, 14
Accounts Receivables, 17
Acquisition/Disposition, 14
ADMINISTRATION, 10
ADMINISTRATIVE SERVICES, 15
Agendas, 6
Air Quality (AQMD), 12
Aircraft Incident Reports, 10
AIRPORT, 9
Airport Activity Statistics, 9
Airport Director & staff correspondence files,
9 Airport Operation Certification, 9
Airport Tenant Insurance Certs, 9
Alcoholic Beverage Control License, 28
ANIMAL CONTROL, 19
Annexation Case Files, 14
Annual Financial Reports, 2
Appeals, 6
Applications, 14
Appraisals, 14
Arrest/Conviction H&S, 24
Articles of Incorporation, 6
Asbestos, 12
Assessment District, 14
Assessment Districts, 2, 7
Attorney Case, 6
Auction, 15
AUDIT, 2
Audits, 16
Background Checks, 3
Background Investigator Verifications, 3
Bacteriological analysis, 33
Bad Debts, 17
Ballots Prop. 218, 2
Bank Reconciliation, 14
Bank Statements, 16
Benefit Plan Claims, 4
Bids, RFQ’s, RFP’s, 16
Billing Records, 14
Billing/Customer Record, 32
Biographies, 3
Blueprints, specifications, 11
Board of Trustees, 17
Bond, Personnel Fidelity, 4
Bonds, 2, 16
Bonds, Insurance, 7
Books, 17
Bridges & Overpasses, 31
Brochures, publications, newsletter,
bulletins, 7
Budget, 2, 14
Budget Operating (copies), 15
BUILDING, 11
Business, 23
California Environmental Quality (CEQA), 12
California Vehicle Code Infractions, 27
Campaign disclosure, 2
Campaign Statements and Conflict of
Interest, 2
Candidates Statements, 2
Capital Improvement, 6
Capital Improvement Project, 9
Capital Improvement Projects, 12
Capital Improvements, Construction, 13
Case files, 12
Certificate of Election, 2
Certificates, 11, 14
Charter Amendments/Measures, 2
Chemical analysis, 33
Citations, 27
Citations, Criminal Complaints, 19
Claim Files, 22
Claims, Damage, 7
Classifications and appointments, 3
Code Books, 10
CODE ENFORCEMENT, 12
Collections/Landfill, 30
Community Development Block Grant
(CDBG) and Urban Development, 3
Community Relations, 28
Community/Urban Development, 13
Complaints, 17
Concealed Weapons, 28
Congestion Management, 13
Connection Records, 32
Construction, 11
Construction tracking, daily, 12
Consumption, 32
Contracto, 10
Contracts and Agreements, 6
Controlled substance, 19
Correspondence/Originating department, 3
Corrosion Control, 33
Court Daily Schedule, 23
Dealer of Gun Sales,, 28
Deeds & Promissory Notes, 14
Deferred Compensation, 16

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 35 DEFINITIONS, iv
Department Manual, 22
DEVELOPMENT, 10
Developments Standards, 10
Discharge monitoring, 33
Disposal, 15
Disposition of Arres, 25
donations,, 17
Drainage Facilities, 32
Drawings, Project Plan, 10
Drawings, traffic control plan, 12
Drinking Water Corrections, 33
Easement, Dedications, Rights-of-Way, 30
ELECTIONS, 2
Emergency Plan Exercise Records, 9
Employee Handbook, 4
Employee Programs, 4
Employee Rights, 4
Employee Time Sheets, 15
Employment Development Department (EDD)
Claims, 4
Employment Verification Requests, 4
Encroachment, 30
ENGINEERING, 12
ENVIRONMENTAL QUALITY, 12
Environmental Review, 13
Facility Rentals/Use, 13
Fair Employment & Housing Act (FEHA)
Claims, 4
Fair Political Practices, 2
False Alarm, 25
Federal Aid Urban, 31
Federal and state, 3
Felony crimes, 24
Field Books, 30
Field Interview, 27
FINANCE, 14
Financial records, 3
Financial, Annual, 16
Fingerprint, 23
FIXED ASSETS, 15
Flood Records, 14
Gas & Electric Rates, 32
General Plan Amendments, 14
GENERAL SUBJECT, 3
General Subject Files, 11
Goals and objectives, 3
GRANTS, 3
Grievance Files, 28
Guns, 23
Hangar Documents, 9
Hangar Leases, 9
HAZARDOUS MATERIALS, 21
Hearing or Review, 2
Historic preservation inventory, 11
History, 2
Homicide, 22
Hourly employees, 4
HUMAN RESOURCES, 3
I-9 Form, 4
Immigrant, 4
Incident Reports, 8
Incineration, 30
Informant Files, 23
INFORMATION SERVICES, 5
Inspection, 12, 31
Insurance Programs, 32
Insurance, ACCEL JT Powers Agreement, 8
Insurance, Certificates, 8
Insurance, Liability/Property, 8
Inventory, 15
Inventory, Records, 7
INVESTIGATIONS, 22
Investigations, Background, 28
Jail, 23
job descriptions, 5
Juvenile, 26
Juvenile Detention, 24
Land uses, nonconforming, 11
Landscape, 18
Landscaping, 30
LAW ENFORCEMENT, 22
Leasehold Files, 9
Legal Advertising, 6
LEGAL/LEGISLATIVE, 5
LIBRARY, 17
LICENSE, 15
License forms, 19
Licenses, 23
Liens & releases, 12
Lighting, 30
Lobbyist Registration, 2
Logs, 11, 12
Lot Split, 14
Maintenance & Operations, 13, 18
Maps & plats, 11
Maps, City Boundary, 14
Maps, Plans, Drawings,, 14
Maps, precinct, 2
Master Plans, Annual, 11
Media Relations, 7
Medical, 20
Medical Leav, 4
Memorandums of Understanding, 4
Minutes, 6
Misdemeanor, 24
Motor Vehicle Pulls, 4
MUNICIPAL CLERK, 7
Municipal Code, 7
MUNICIPAL FACILITY, 13
Narcotics, 22

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 36 National Pollutant Discharge Elimination
System, 32
Negotiation, 4
Noise, 9
Nomination Papers, 2
Non-arson and Log, 21
Non-criminal occurrence, 25
Non-fire and Logs, 21
NOTAM (Notice to Airmen), 10
Notices, meetings, 6
Notifications, 22
Notifications and publications, 2
Oaths of Office, 3
Opinions, 6
Ordinances, 7
Oversize Load, 30
Parades & Special Events, 28
Parking, 30
Parking/Traffic, 27
PARKS AND COMMUNITY SERVICES, 18
PATROL, 27
Pawn Brokers, 23
PAYROLL, 15
Permits, 12
Permits – Entertainment, 28
Permits, Construction, 11
Permits, others, 11
PERS, 5
PERS Employee deduction, 15
PERSONNEL, 3
Personnel (by name), 5
Pest Control, 13
Petitions, 3
Photographs, 11, 24, 28
PLANNING, 14
Plans, Capital Improvement, Projects, 31
Policies and procedures, departmental, 3
Policy, Council/Proclamations, 7
Press Releases, 28
Promotional marketing, 3
PROPERTY, 14
Property and Liability Insurance, 10
Property Files, 28
Psychological Exam Results, 5
Public Education, 33
PUBLIC FINANCING AUTHORITY, 7
PUBLIC INFORMATION, 7
Press Releases, 7
Public Records Request, 7
PUBLIC SAFETY, 19
PUBLIC WORKS, 30
PURCHASING, 16
Rates, 32
Reclamation, 32
Records Management, 7
RECORDS MANAGEMENT GUIDELINES, iii
RECORDS RETENTION CLASSIFICATIONS, 1
RECORDS RETENTION SCHEDULE, 2
Recruitment, 5
Recycling Programs, 30
Registration Files, 24
Regulations, 12
Reports, 2, 3, 11
REPORTS, 16
Reports, Federal and State, 12
Requisitions, 16
Resolutions, 7
Restraining Orders, 29
Reviews, Internal/External, 2
RISK MANAGEMENT, 7
Risk Management Reports, 8
Safety Employee, 5
Salary Records, 15
salary schedules, 5
Sanitary surveys, 33
SANITATION, 30
Schedules, Class & Events, 18
Sealed, 26
Secondhand Dealer, 23
Self-Inspection & Airport Condition, 10
septic tanks, 30
SERVICES, 28
Police, 28
Signage, 31
Signs, 12
Soil, 13
SOLID WASTE, 30
Speakers Requests, 29
Special districts, 12
Special events, 18
Special Events, 31
Special projects, 3
State Certification, 33
Statement of economic, 2
Statistical (UCR), 26
Street/Alley, 12
Street/Alley (Abandonment/Vacation), 12
STREETS/ALLEYS, 30
Studies, 31
Subpoenas (, 26
Support service, 3
Surplus Property, 15
Survey Field Note, 33
Surveys, 11
Surveys and studies, 5
Surveys, Water System Sanitary, 33
Tapes, 26
Tapes, audio/video, 7
Taxes, Receivable, 15
TAXICABS, 29
Tenant Lists, 10
Tie Down Agreements, 10

C:\Program Files\eSCRIBE\TEMP\13221673883\13221673883,,,Records Retention Guidelines and Retention Schedule.doc 37 Traffic Collisions Fatalities, 27
Traffic count, 31
Traffic signals, 31
Training, 20
Travel Records, 3
TREASURER, 16
Underground, 32
Uniform Crime Reports, 26
UTILITIES, 32
Utility Rebate, 16
Valve Main Records, 33
Variances, Water System, 33
Vehicle accident, 31
Vehicle Mileage Reimbursement Rates, 5
Vehicle Ownership & Title, 15
Vendor Register, 16
Violations, Building, Property & Zoning, 12
Violations, Drinking Water, 33
Volunteer Card Files, 29
Volunteer personnel, 17
voter information, 2
wage rates, 5
Warrants, 27, 28
WASTEWATER, 30
WATER, 32
Weapons, Database, 28
Weigh scales, 31
Well & Pumping, 32
Well level, 33
Workers Compensation, 8

1 Reso No. ______ (CM)
Meeting Date: 101425 SWZ ______ TV ______
RESOLUTION NO.__________ (CM)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPOINTING RADOVAN RADICH, POLICE CAPTAIN, TO THE SANTA

CRUZ COUNTY HOUSING FOR HEALTH PARTNERSHIP POLICY
BOARD
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) initiated Continuums of Care (CoCs) which span all 50 states and 6 United States territories. California is divided into 44 CoCs; and
WHEREAS, CoCs are charged with promoting and implementing evidence-based, best, promising, and emerging practices for preventing and ending homelessness; and WHEREAS, previously, Santa Cruz County CoC was known as the Homeless Action Partnership (HAP); and
WHEREAS, on June 18, 2021, the HAP Board adopted a new governance charter that outlined a process for establishing a new CoC entity in 2022; and WHEREAS, the new CoC entity will be known as Santa Cruz County Housing for Health Partnerships; and
WHEREAS, the City of Watsonville has two appointments for a term of two years; and
WHEREAS, the appointees shall serve at the pleasure of the City Council.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Appointing members to the Santa Cruz County Housing for Health Partnership Policy Board does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2 Reso No. (CM)
Meeting Date: 101425

2. That Radovan Radich, Police Captain, is hereby appointed and replacing Jorge Zamora, Former Police Chief, on the Santa Cruz County Housing for Health Partnership Policy Board for the remainder of the two-year term, expiring in January 2026, and shall serve at the pleasure of the City Council.

3. That the City Clerk is hereby directed to transmit a copy of this resolution to the Santa Cruz County Housing for Health Partnership Policy Board. ********************************

City Manager
Report
October 14, 2025

Flood Prep
Week
California Flood Preparedness Week, observed this year from October 18 through October 25, is here, and the City of Watsonville is taking important steps to get ready for the rainy season.

Flooding can happen in many ways, including heavy rains, poor drainage, or even nearby construction projects, so preparation is important for both the City and our residents.

SANDBAGS
Our self-serve sandbags are already up and running. Residents can stop by Fire Station 1 and Joyce McKenzie Park. Please make sure to bring gloves, a shovel and a friend to give you a hand.

Make sure to follow our social media channels for more tips on how you and your family can prepare for the wet weather.

Crisis
Communications
Panelist
Attended the California League of Cities
Conference and was a panelist during their
Crisis Communications Session.

Emergency
Alerts - Get Ready
for ShakeOut Day!
Thursday, October 16, at 10:16 AM, people around the world will practice earthquake safety. Take a moment to Drop, Cover, and Hold On—at home, school, or work.

Earthquake safety tips:
• Get under sturdy furniture if possible.
• Secure heavy items, such as TVs, bookcases, and appliances. • Keep an emergency kit with water, food, and essentials. • Know your family’s evacuation plan and meeting spots.

Stay informed with CruzAware, Santa Cruz County’s community alert system. Receive alerts by phone, email, or text. To register, visit

Tuesday, October 21, 2025
At 5pm
City Council Chambers
275 Main Street, Top Floor
Sponsored by: The Pajaro Valley Chamber of
Commerce & Agriculture

Downtown
Candy Crawl
Main Street & City Plaza
Saturday October 26
2-6pm
No pre-registration required

Chilangolandia
1813 Freedom Boulevard
Monday-Tuesday 10:30AM – 8:30PM
Wednesday: 12PM – 8:30PM
Thursday-Sunday: 10:30AM – 8:30PM
VIDEO

Lucy’s Fashion
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watsonville.gov Page 416 of 476
4907-2683-7616 v1 1

CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, October 14, 2025
TO: CITY COUNCIL
WRITTEN BY: City Attorney Samantha W. Zutler
RECOMMENDED BY: CITY ATTORNEY ZUTLER
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: RESCISSION OF RESOLUTION NO. 119-14 (CM) AND INTRODUCTION OF AMENDMENT TO ORDINANCE NO. 1295-13
RECOMMENDATION:

Adopt a Resolution rescinding Resolution No. 119-14 and Introduce, for First Reading Only, Waiving full Reading of the Text, an Ordinance Amending Ordinance No. 1295-13.

BACKGROUND:

In 2014, the City Council adopted Ordinance No. 1295-13 requiring the use of Project Labor Agreements (PLA) for city funding construction projects. At that same time, the City Council adopted resolution No. 119-14 (CM), which approved the form of a master PLA to be used for all City construction projects exceeding $600,000 and involving three or more trades.

In recent years, the current PLA has impacted the City’s ability to efficiently bid and complete certain projects. The $600,000 threshold amount is also outdated. The City has discussed various revisions to the PLA with the Trades Council but has been unable to reach agreement. Since the current PLA has no expiration date, staff recommends the Council exercise its legislative authority to rescind Resolution 119- 14, by which the current PLA is adopted, and amend Ordinance No. 1295-13 to include a framework for a more modern PLA that would allow the City to complete necessary projects.

DISCUSSION:

The City and the Trades Council entered into the current PLA in 2014. In recent years, the City has had difficulty completing construction projects, specifically water and wastewater related projects. At times, contractors decline to bid on the project or bid well over the engineer’s estimate, resulting in the City

4907-2683-7616 v1 2
being unable to complete the projects. Staff’s understanding is that these circumstances are due to the restrictive nature of the current PLA. For example, over the last ten years, the City has been unable to award the following projects:
 Corralitos Creek Water Treatment Plant Project: The Engineer’s Estimate was $3 million. Two bids were received, the lowest bid received was $5.1 million (71% above estimate).  Digester Mixing Improvements Project: The Engineer’s Estimate was $1.1 million. One bid was received in the amount of $1.8 million (63% above estimate).  Digester Mixing Improvements Project (Rebid): The Engineer’s Estimate was $1.1 million. One bid was received in the amount of $1.5 million (36% above estimate).  Miles Lane Sewer Pump Station: The Engineer’s Estimate was $1.3 million. No bids received.  Water Well #4 Pump Station: The original Engineer’s Estimate was $3 million. One bid was received in the amount of $5.6 million (69% above estimate).
 Landfill Phase III Closure Phase IV Opening: The Engineer’s Estimate was $7.2 million. One bid was received in the amount of $12.6 million (76% above estimate).  WWTF Electrical System Hazard Mitigation Project: The Engineer’s Estimate was $19 million. One bid was received in the amount of $26 million (36% above estimate).  Nature Center Building: The Engineer’s Estimate was $6.1 million. Six bids were received, the lowest of which was $8.6 million (41% above estimate).
 Miles Lane Sewer Pump Station (Rebid): The Engineer’s Estimate was $1.3 million. No responsive bids received.

At times, when able to successfully bid and award a project, the City has paid in excess of 20% over the engineer’s estimate. For example, the City paid well in excess of the engineer’s estimate for the following pipeline, building, and roadway projects:
 Manana Lane Sewer Replacement Project: The Engineer’s Estimate was $1 million. Two bids were received, the lowest of which was $1.5 million (49% above estimate).  Airport Freedom Trunk Sewer Replacement: The Engineer’s Estimate was $3.3 million. Five bids were received, the lowest of which was $4.3 million (30% above estimate).  Freedom Blvd Road Reconstruction: The Engineer’s Estimate was $3 million. Four bids were received, the lowest of which was $4.3 million (43% above estimate).  Landfill Phase III Closure Phase IV Opening: The Engineer’s Estimate was $7.5 million. Seven bids were received, the lowest of which was $9.2million (22% above estimate).  Water Main Replacement Union, Beach, Lincoln: The Engineer’s Estimate was $3.8 million. Two bids were received, the lowest of which was $4.7 million (24% above estimate).

4907-2683-7616 v1 3
Below is a list of key terms of the current PLA:
 Applies to all projects in excess of $600,000 and employing workers in three or more crafts. Since 2014, construction costs have increased exponentially. In 2025, nearly every construction project the City bids exceed $600,000; the average construction cost for the city is $2.5 million over the past 5 years.
 No term or expiration date. The document does not include a term or expiration date, so does not include the ability for either party to terminate the agreement.

Below is a summary of recommended amendments to the Ordinance:
 Instead of requiring a PLA, it authorizes a PLA, so long as the PLA complies with the framework provided in the amended Ordinance.
 Requires that any PLA allow the City to complete construction projects in a timely and cost-effective manner.
 Expects that any PLA include the following provisions:
o A term, at the end of which the PLA expires, unless the City and Trades Council agree to an extension or renewal;
o A list of specific types and/ or sizes of projects or the characteristics of projects that will be subject to the PLA;
o Apply to all projects with a projected project cost of $1,500,000 or more. That amount is adjusted annually by an amount equivalent to the DGS California Construction Cost Index; o A provision allowing the City Council to rescind the PLA for a specific project if the Council finds that the PLA is preventing the City from timely and efficient completion of a project necessary for the health and safety of Watsonville residents, or is preventing the City from receiving outside funding;
o A provision affirming the City’s compliance with Watsonville Municipal Code Section 7.15.03 (Local Hiring Requirement Imposed) and 7-15.04 (Apprentice Hiring Requirement); o All provisions required by Public Contract Code Section 2500, as amended from time to time; and o A requirement that the Trades Council provide an annual update to the City Council regarding the impacts of the PLA, including project completion costs, use of apprenticeships, and the use of local union labor.

Procedurally, in 2014, the Council adopted an Ordinance requiring the City enter into a PLA, then a resolution adopting the master PLA. Staff recommends a similar process here:

1. Rescind Resolution 119-14 (CM), which adopted the current PLA.

2. Amend Ordinance No. 1295-13 (CM), as explained above. The amendments authorize the City to enter into a future PLA, consistent with the framework outlined in the Ordinance. Any future PLA would be subject to approval by the Council by resolution.

4907-2683-7616 v1 4
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

No environmental review is required for this item. Rescinding a resolution by with the current PLA is adopted and implementing a framework for a future PLA is a project subject to the California Environmental Quality Act (“CEQA”) because neither action has the potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Any construction project bid pursuant to a future PLA will be subject to environmental review at that time.

FINANCIAL IMPACT:

The recommended action will not impact the General Fund.

ALTERNATIVE ACTION:

The Council could choose to keep the current PLA intact, or make additional or fewer revisions to Ordinance No. 1295-13.

ATTACHMENTS AND/OR REFERENCES (IF ANY):
1) Resolution No. 119-14 (CM)
2) Ordinance No. 1295-13 red-lined

Reso No. 119-14 (CM)
P:\COUNCIL\2014\082614\Master Project Labor Agreement Form Reso.docx ri 8/27/2014 12:52:16 PM
1 RESOLUTION NO. 119-14 (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING FORM OF MASTER PROJECT LABOR

AGREEMENT FOR THE CITY OF WATSONVILLE FOR CITY
CONSTRUCTION PROJECTS EXCEEDING $600,000 AND INVOLVING
THREE OR MORE TRADES; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE SAME

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. That the form of Master Project Labor Agreement for the City of Watsonville for City construction projects exceeding $600,000 and involving three (3) or more trades, a copy of which Agreement is attached hereto and incorporated herein by this reference, is hereby approved.

2. That the City Manager be and is hereby authorized and directed to execute such Agreements for and on behalf of the City of Watsonville. **********************************
5795
Attachment 1

The foregoing resolution was introduced at a regular meeting of tl:le Council of the City of Watsonville, held on the 25th day of August , 2014, by Member Montesino , who moved its adoption, which motion being duly seconded by Member Dodge , was upon roll call carried and the resolution adopted by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:

Yv~
Reso No. 119-14 (CM)
Bilicich, Dodge, Hernandez, Hurst,
Montesino, Cervantez
Coffman-Gomez
None
P:ICOUNCIL\20141082614\Master Project Labor Agreement Form Reso.docx ri 8/27/2014 12:52:16 PM
2 Attachment 1

MASTER PROJECT LABOR AGREEMENT

FOR THE CITY OF WATSONVILLE

INTRODUCTION I FINDINGS
This Agreement is entered into this ay of Q_ L,/. , \f , 2014, ·by and between the City of Watsonville (hereinafter, the "City") gether with contractors and/or subcontractors, who become signatory to this Agreement by signing the "AGREEMENT TO BE BOUND" (ATTACHMENT A) (all of whom are referred to herein as "Contractors/Employers"), and the Monterey/Santa Cruz Building and Construction Trades Council ("Council") and its affiliated local Unions that have executed this Agreement (all of whom are referred to collectively as "Union" or "Unions").

The purpose of this Agreement is to promote efficiency of construction operations on City Projects ("the Project") as defined herein, and to provide for peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project. The City and the Council may mutually agree in writing to add additional components to the Project's Scope of Work to be covered under this PLA.

WHEREAS, the timely and successful completion of the Project is of the utmost impot1ance to the City to avoid increased costs resulting from delays in construction; and WHEREAS, large numbers of workers of various skills will be required in the performance of the construction work, including those to be represented by the Unions signatory to this Agreement and employed by contractors and subcontractors who are also signatory to this Agreement; 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 City, the Unions and Contractor/Employers 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 WHEREAS, the Contractor/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project by the Contractor/Employer(s) and the Union(s) to the end that a satisfactory, continuous and harmonious relationship will exist among the pat1ies to this Agreement; and
Attachment 1

PLA-2
WHEREAS, the parties agree that one of the primary purposes of this agreement is to avoid the tensions that might arise on the Project if Union and nonunion workers of different employers were to work side by side on the Project, thereby leading to labor disputes that could delay completion of the Project; and WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractor/Employer(s) and the affected Union(s), 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(s) for construction work on the Project will be awarded in accordance with the applicable provisions of the Public Contract Code and other applicable California law; and
WHEREAS, the City has the absolute right to select the lowest responsive and responsible bidder for the award of construction contract(s) on the Project; and WHEREAS, the parties signatory to this Agreement pledge their full good faith and trust to work towards mutually satisfactory completion of the Project;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS

1.1 “Agreement” means this Project Labor Agreement.

1.2 “City” means the City of Watsonville and its public employees, including managerial personnel.

1.3 “Contractor/Employer(s)” means any individual, firm, partnership or corporation, or combination thereof, including joint ventures, that is an independent business enterprise and has entered into a contract with the City, or with any contractor or subcontractor of any tier, with respect to the construction of any part of the Project, under contract terms and conditions approved by the City and which incorporate this Agreement.

1.4 “Construction Contract” means the public works or improvement contracts, executed by the City, and all contracts and subcontracts executed thereunder, that are necessary to complete the Project.

1.5 “Council” means the Monterey/Santa Cruz Building and Construction Trades Council.

Attachment 1

PLA-3

1.6 “Master Agreement” or “Schedule A” means the Master Collective Bargaining Agreement of each craft Union signatory hereto, copies of which shall be provided to the City upon request.

1.7 “Project” means all public works or improvement projects paid for in whole or in part by City of Watsonville funds with a projected construction cost of $600,000 or more and employing workers in three or more crafts. The City and the Council may mutually agree in writing to add additional components to the Project’s Scope of Work to be covered under this PLA.

1.8 “Project Manager” means the person(s) or business entity(ies) designated by the City to oversee all phases of construction on the Project and to oversee the implementation of this Agreement and who works under the guidance of the City’s Authorized Representative.

1.9 “Union’ or “Unions” means the Monterey/Santa Cruz Building and Construction Trades Council, AFL-CIO (“the Council”) and its affiliated local Unions signatory to this Agreement, acting in their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement (“Signatory Unions”).

1.10 “PVWMA Residents” shall mean persons who have lived within the boundaries of the Pajaro Valley Water Management Agency for a period of not less than one year immediately preceding the date of the award of the contract to perform labor.

1.11 “Tri-County Residents” shall mean persons who maintain a permanent residence for not less than one year immediately preceding the date of the award of the contract to perform labor in Santa Cruz, Monterey, and/or San Benito counties.

ARTICLE II

SCOPE OF AGREEMENT

2.1 Parties:

2.2 The Agreement shall apply and is limited to all
Contractors/Employer(s) performing work on the Project (including subcontractors at any tier), the City, the Council and the Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement ("Signatory Unions").

Project Description:

2.3 The Agreement shall govern the award of all
Construction Contracts for public works, improvement or construction projects, paid for in whole or in part by City of Watsonville funds with a projected construction cost of $600,000 (six hundred thousand dollars) or more and employing workers in three or more crafts. The City and the Council may mutually agree in writing to add additional components to the Project’s Scope of Work to be covered under this PLA.

Covered Work: This Agreement covers, without limitation, all on-site site preparation, surveying, construction, alteration, demolition, installation, painting or repair of buildings, structures and other works, and related activities for the Project, including Attachment 1

PLA-4
landscaping and temporary fencing that is within the craft jurisdiction of one of the Unions and which is directly or indirectly part of the Project, including, without limitation to the following examples, pipelines (including those in linear corridors built to serve the project), pumps, pump stations, temporary HVAC and modular furniture installation to be performed to complete the Project. On-site work includes work done for the Project in temporary yards or areas adjacent to the Project, and at any on-site or off-site batch plant constructed solely to supply materials to the Project. This scope of work includes all soils and materials testing and inspection where such testing and inspection is a classification in which a prevailing wage determination has been published.

2.4 This Agreement shall apply to any start-up, calibration, performance testing, repair, maintenance, operational revisions to systems and/or subsystems performed after Completion unless it is performed by City employees.

2.5 This Agreement covers all on-site fabrication work over which the City, Contractor(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project.). Additionally, this Agreement covers any off-site work, including fabrication necessary for the Project defined herein that is covered by a current Schedule A Agreement or local addenda to a National Agreement of the applicable Union that is in effect as of the execution date of this Agreement.

2.6 The furnishing of supplies, equipment or materials which are stockpiled for later use shall in no case be considered subcontracting. Construction trucking work, such as the delivery of ready-mix, asphalt, aggregate, sand or other fill material which are directly incorporated into the construction process as well as the off-hauling of debris and excess fill material and/or mud, shall be covered by the terms and conditions of this Agreement, to the fullest extent provided by law and by prevailing wage determinations of the California Department of Industrial Relations. Contractor/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by bid specifications.

2.7 Work covered by the Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: National Agreement of Elevator Constructors, National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, and all instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, except that Articles IV, XII, and XIII of this Agreement shall prevail and be applied to such work.

2.8 Exclusions
(1) The Agreement shall be limited to construction work on the Project.

Attachment 1

PLA-5
(2) The Agreement is not intended to, and shall not affect or govern the award of public works contracts by the City which are not included in the Project.
(3) The Agreement shall not apply to a Contractor/Employer’s non construction craft employees, including but not limited to executives, managerial employees, engineering employees and supervisors above the level of General Foreman (except those covered by existing Master Agreements), staff engineers or other professional engineers, administrative and management.
(4) This Agreement shall not apply to any work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, city or other governmental bodies or their contractors; or by public or private utilities or their contractors.
(5) This Agreement shall not apply to off-site maintenance of leased equipment and on-site supervision of such work.

2.9 Award of Contracts: It is understood and agreed that the City has the absolute right to select any qualified bidder for the award of contracts under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing the Agreement, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3.2 By accepting the award of a construction contract for the Project, whether as contractor or subcontractor, the Contractor/Employer agrees to be bound by each and every provision of the Agreement and agrees that it will evidence its acceptance prior to the commencement of work by executing the AGREEMENT TO BE BOUND in the form attached hereto as Attachment A.

3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of a construction contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor as a precondition of accepting an award of a construction subcontract to agree in writing to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a contractor may not be evaded by subcontracting.

3.4 This Agreement shall only be binding on the signatory parties hereto and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party.

Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement. Any dispute between Attachment 1

PLA-6
the Union(s) and the Contractor(s) respecting compliance with the terms of the Agreement, shall not affect the rights, liabilities, obligations and duties between the signatory Union(s) and other Contractor(s) party to this Agreement.

3.5 It is mutually agreed by the parties that any liability by a signatory Union to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a signatory Union shall not affect the rights, liabilities, obligations and duties between the signatory Contractor(s) and the other Union(s) party to this Agreement.

3.6 The provisions of this Agreement, including Schedules A’s, which are the local Master Agreements of the Signatory Unions having jurisdiction over the work on the Project, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. Where a subject covered by the provisions of this Agreement is also covered by a Schedule A, the provisions of this Agreement shall prevail. Where a subject is covered by the provisions of a Schedule A and is not covered by this Agreement, the provisions of the Schedule A shall prevail.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1 The Unions, City and Contractor/Employers agree that for the duration of the Project:
(1) There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or at any other facility of the City because of a dispute on the Project. Nor shall the Unions or any employees employed on the Project participate in any strikes, sympathy strikes, work stoppages, picketing, handbilling, slowdowns, or otherwise advising the public that a labor dispute exists at the jobsite of the Project because of a dispute between Unions and
Contractor/Employer on any other project. It shall not be considered a violation of this Article if labor is withheld by a Union due to lack of payments to a Trust Fund or failure to make payroll on the Project. Nothing stated in this Agreement shall prevent Unions from participating in the actions mentioned in this section on jobsites other than the Project jobsite because of disputes between the Unions and Contractor/Employers on projects other than the Project.
(2) As to employees employed on the Project, there shall be no lockout of any kind by a Contactor/Employer covered by the Agreement. (3) If a Master Agreement between a Contractor/Employer and the Union expires before the Contractor/Employer completes the Attachment 1

PLA-7
performance of a construction contract for work covered under this Agreement and the Union or Contractor/Employer gives notice of demands for a new or modified Master Agreement, the Union agrees that it will not strike the Contractor/Employer on said contract for work covered under this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement shall continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached between the Union and Contractor/Employer. If the new or modified Master Agreement reached between the Union and Contractor/Employer provides that any terms of the Master Agreement shall be retroactive, the Contractor/Employer agrees to comply with any retroactive terms of the new or modified Master Agreement which is applicable to employees employed on the project within seven (7) days after the effective date of the new or modified Master Agreement.

4.2 Expedited Arbitration
(1) A party invoking this procedure shall notify Robert Hirsch as the permanent arbitrator, or Barry Winograd as the alternate under this procedure. In the event that the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, then a selection shall be made from the list of arbitrators in Article

12.2. Notice to the arbitrator shall be by the most expeditious means available, with notices by facsimile or telephone to the party alleged to be in violation and to the Council and involved local Union if a Union is alleged to be in violation.
: Any party to this Agreement shall institute the
following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred:
(2) Upon receipt of said notice, the City will contact the designated arbitrator or his alternate who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.
(3) The arbitrator shall notify the parties by facsimile or telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator’s discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator.
(4) The sole issue at the hearing shall be whether or not a violation of Article IV, Section 4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of Attachment 1

PLA-8
justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court 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 party 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 may 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) Such award may be enforced by any Court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. Written 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 4.2(4) of this 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 or enforcement. The Court’s order or orders enforcing the arbitrator’s award shall be served on all parties by hand or delivered by certified mail.
(6) Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance, are waived by the parties.
(7) The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.
(8) Should either the permanent or the alternate arbitrator listed above in subsection (1) no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE V

PRECONSTRUCTION CONFERENCE

5.1 A preconstruction conference shall be held prior to the commencement of each construction phase. Such conference shall be attended by a representative each from the participating Contractor/Employers and Union(s) and the Project Manager.

5.2 Review Meetings - In order to ensure the terms of the PLA are being fulfilled and all concerns pertaining to the City, the Unions, and the Contractors are addressed, the Project Manager, General Contractor and CEO of the Council or Attachment 1

PLA-9
designated representatives thereof shall meet on a periodic basis during the term of construction.

ARTICLE VI

NO DISCRIMINATION

6.1 The Contractor/Employers and Unions agree to comply with all antidiscrimination provisions of federal, state and local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII

UNION SECURITY

7.1 The Contractor/Employers recognize the signatory Union(s) as the sole bargaining representative of all craft employees working within the scope of this Agreement.

7.2 All employees who are employed by Contractor/Employers to work on the Project will be required to become members and maintain membership in the appropriate Union on or before 8 days of consecutive or cumulative employment on the Project.

Membership under this section shall be satisfied by the tendering of periodic dues and fees uniformly required to the extent allowed by the law.

7.3 Authorized representatives of the Unions shall have access to the Projects whenever work covered by this Agreement is being, has been, or will be performed on the Project.

ARTICLE VIII

REFERRAL

8.1 Contractor/Employers performing construction work on the Project described in the Agreement shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor/Employer(s) shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

8.2 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).

8.3 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer(s), the Contractor/Employer(s) shall be free to obtain work persons from any source. A Contractor who hires any personnel to perform covered work on the Project pursuant to this Section shall immediately provide the appropriate Union with the name and address of such employee(s) and shall immediately refer such employee(s) to the appropriate Union to satisfy the requirements of Article VII of this Agreement.

Attachment 1

PLA-10

8.4 Unions will exert their utmost efforts to recruit sufficient numbers of skilled craft persons to fulfill the requirements of the Contractor/Employer(s).

Recognizing the potential 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.

8.5 Employment of City residents. Unless preempted by state or federal law, and in compliance with the hiring hall procedures of the applicable Union, the Contractors shall comply with City Code 7-15.03, Local Hiring Requirement. In recognition of the City’s mission to serve the City and Tri-County residents, the Unions and Contractors agree that, to the extent allowed by law and the hiring hall procedures of the applicable Union, and as long as the Residents possess the requisite skills and qualifications, the Contractors shall make good faith efforts to hire qualified Tri-County and PVWMA Residents.

ARTICLE IX

BENEFITS

9.1 All Contractor/Employers agree to pay contributions to the established vacation, pension and other form of deferred compensation plan, apprenticeship, and health benefit funds established by the applicable Master Agreement for each hour worked on the Project in the amounts designated in the Master Agreements of the appropriate local Unions. The Contractor/Employers shall not be required to pay contributions to any other trust funds that are not contained in the published prevailing wage determination to satisfy their obligation under this Article, except that those Contractor/Employers who are signatory to the Master Agreements with the respective trades shall continue to pay all trust fund contributions as outlined in such Master Agreements.

9.2 By signing this Agreement, the Contractor/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements, as described in section 9.1, specifying the detailed basis on which payments are to be made into, and benefits paid out of, such Trust Funds.

9.3 Wages, Hours, Terms and Conditions of Employment

9.4 : The wages, hours
and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective crafts, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

Holidays: The only recognized holidays on the Project shall be New Year’s Day, Presidents’ Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the Day After Thanksgiving and Christmas Day. If a holiday falls on a Saturday, it shall be recognized on the preceding Friday. If a holiday falls on a Sunday, it shall be recognized on the following Monday. Under no Attachment 1

PLA-11
circumstances shall work be performed on Labor Day, except in the case of an emergency that could result in physical harm or destruction of property.

ARTICLE X

EMPLOYEE GRIEVANCE PROCEDURE

10.1 All disputes involving discipline and/or discharge of employees working on the Project shall be resolved through the grievance and arbitration provision contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or dismissed without just cause.

ARTICLE Xl

COMPLIANCE

11.1 It shall be the responsibility of the Contractor/Employers and Unions to investigate and monitor compliance with the provisions of the Agreement contained in Article IX. Nothing in this agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent Trust Fund contributions from Employers on the Project. The City shall monitor and enforce compliance with the prevailing wage requirements of the state and Contractors/Employers’ compliance with this Agreement.

ARTICLE XII

GRIEVANCE ARBITRATION PROCEDURE

12.1 The parties understand and agree that in the event any dispute arises out of the meaning, interpretation or application of the provisions of this Agreement, the same shall be settled by means of the procedures set out herein. No grievance shall be recognized unless the grieving party (Local Union or City Council on its own behalf, or on behalf of an employee whom it represents, or a contractor on its own behalf) provides notice in writing to the signatory party with whom it has a dispute within five (5) days after becoming aware of the dispute but in no event more than thirty (30) days after it reasonably should have become aware of the event giving rise to the dispute. The time limits in Section 12.1 may be extended by mutual written agreement of the parties.

12.2 Grievances shall be settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the Business Representative of the involved Local Union or District Council, or his/her designee, or the representative of the employee, and the representative of the involved Contractor/Employer shall confer and attempt to resolve the grievance.

Step 2: In the event that the representatives are unable to resolve the dispute within the five (5) business days after its referral to Step 1, within five (5) business days thereafter, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Manager of Labor Relations of the Employer(s) or the Manager's designated representative, for discussion and resolution. Regardless of which party has initiated the grievance proceeding, prior to Attachment 1

PLA-12
a Step 2 meeting, the Union(s) shall notify its international union representative(s), which shall advise both parties if it intends on participating in a Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not settled in Step 2 within five (5) business days, either party may request the dispute be submitted to arbitration or the time may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to Step 3, the representatives shall choose a mutually agreed upon arbitrator for final and binding arbitration. The parties agree that if the permanent arbitrator or his alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of five (5) below. The order of striking names from the list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. Barry Winogard

3. William Engler

4. Robert Hirsch

5. Morris Davis
The decision of the Arbitrator shall be binding on all parties. The Arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the Arbitrator shall be borne equally by both parties. The Arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

The time limits specified in any step of the Grievance Procedure set forth in Section 12.2 may be extended by mutual agreement of the parties initiated by the written request of one party to the other, at the appropriate step of the Grievance Procedure.

However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing of and/or resolution of like or similar grievances or disputes.

In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this Grievance Procedure, the parties agree that such settlements shall not be precedent setting.

Should any of the arbitrators listed above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

Attachment 1

PLA-13

ARTICLE XIII

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

13.1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

13.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

13.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch, and Thomas Pagan. The Arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California, within 14 days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan.

13.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge. Each Employer will conduct a pre-job conference with the Council prior to commencing work. The Project Manager and City will be advised in advance of all such conferences and may participate if they wish. Prejob conferences for different Employers may be held together.

ARTICLE XIV

APPRENTICES

14.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, the Contractor/Employer(s) shall employ apprentices of a California State-approved Joint Apprenticeship Program 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.

14.2 The apprentice ratios will be in compliance with the applicable provisions of the California Labor Code and Prevailing Wage Rate Determination.

14.3 There shall be no restrictions on the utilization of apprentices in performing the work of their craft provided they are properly supervised.

Attachment 1

PLA-14

ARTICLE XV

MANAGEMENT RIGHTS

15.1 The Contractor/Employer(s) shall retain full and, exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees except that lawful manning provisions in the Master Agreement shall be recognized.

ARTICLE XVI

HELMETS TO HARDHATS

16.1 The Contractor/Employers and the Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractor/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center) and the Center’s “Helmets to Hardhats” program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

16.2 The Unions and Contractor/Employers agree to coordinate with the Center to create and maintain an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for this Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XVII

DRUG & ALCOHOL TESTING

17.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.

17.2 The Parties agree to recognize and use the Substance Abuse Prevention Programs and testing procedures contained in each applicable Union’s Schedule A.

ARTICLE XVIII

SAVINGS CLAUSE

18.1 The parties agree that in the event any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word which will meet the objections to its validity and which will be in accordance with the intent and purpose of the article, provision, clause, sentence or work in question.

Attachment 1

18.2 The parties also agree that in the event that a decision of a cou1t of competent jurisdiction materially alters the terms of the Agreement such that the intent of the patties is defeated, then the entire Agreement shall be null and void.

18.3 If a comt of competent jurisdiction determines that all or pa1t of the Agreement is invalid and/or enjoins the City from complying with all or part of its provisions and the City accordingly determines that the Agreement will not be required as part of an award to a Contractor/Employer, the Unions will no longer he bound by the provisions of A1ticle IV.

ARTICLE XIX
TERM
19 .1 The Agreement shall be included as a condition of the award of construction contracts for the Project.
19 .2 The Agreement shall become effective upon execution by the City and the Council.

19.3 The term of any individual Project is from -on
contract to recording of Notice of Completion (inclusive).

WATSO LLE CITY ATTORNEY
PA'l'ED: ::'f-i~ CITY OF YI TS NVILLE /7
By ~/j/~ Date t'f.,____

MONTEREY/SANTA CRUZ BUILDING AND

CONSTRUCTION TRADES COUNCIL, AFL-CIO (COUNCIL)
By t!,,, Ck .. .L Date ~!. 4 , ~\.\
ATTEST:
~UO'~
. I
Attachment 1

UNIONS
BRICKLAYERS, TILESETTERS AND ALLIED CRAFTWORKERS LOCAL 3

DIS T CO PAINTERS & ALLIED
TRADES
On behalf of:

CARPET, LINOLEUM AND SOFT TILE WORKERS, LOCAL 12;
GLAZIERS, ARCHITECTURAL METAL1 AND GLASSWORKERS LOCAL l621; PAINTERS & TAPERS LOCAL 272
B : Title:

GENERAL TEAMSTERS UNlON LOCAJ .. 912
B : LI Title: ~<."~ -kv -~u. .... v~v & ALLIED WORKERS
B:

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, LOCAL LODGE 549 B: Title:

L BROTHERHOOD OF ELECTRICAL iWORKERS LOCAL 234
INTERNA TJONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL 8
B: . Title:
. IRONWORKERS LOCAL 377
B : Title:

LABORERS LOCAL 270
B : Title:

PLA-16
Attachment 1

UNIONS
BRICKLAYERS, TILESETTERS AND ALLIED CRAFTWORKERS LOCAL 3 B : Title:

DISTRICT COUNCIL 16 INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES
On behalf of:

CARPET, LINOLEUM AND SOFT TILE WORKERS, LOCAL 12;
GLAZIERS, ARCHITECTURAL METAL, AND GLASS WORKERS LOCAL 1621; PAINTERS & TAPERS LOCAL 272
B
GENERAL TEAMSTERS UNION LOCAL 912
B : Title:

HEAT & FROST INSULATORS & ALLIED WORKERS LOCAL 16
B: Title:

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, LOCAL LODGE 549 B: Title:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 234 B: Title:

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL 8
B: Title:

IRONWORKERS LOCAL 377
B: Title:

LABORERS LOCAL 270
B: Title:

PLA-16
Attachment 1

UNIONS
BRICKLAYERS, TILESETTERS AND ALLIED CRAFTWOR.KERS LOCAL 3 B : Title:

DISTRICT COUNCIL 16 INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES
On behalf of:

CARPET, LINOLEUM AND SOFT TILE WORKERS, LOCAL 12;
GLAZIERS, ARCHITECTURAL METAL, AND GLASSWORKERS LOCAL 1621; PAINTERS & TAPERS LOCAL 272
B: Title:

GENERAL TEAMSTERS UNION LOCAL 912
B: Title:

HEAT & FROST INSULATORS & ALLIED WORKERS LOCAL 16
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, LOCAL LODGE 549 B: Title:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 234 B: Title:

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL 8
B: Title:

IRONWORKERS LOCAL 377
B : Title:

LABORERS LOCAL 270
B : Title:

PLA-16
Attachment 1

UNIONS
BRICKLAYERS, TILESETTERS AND ALLIED CRAFTWORKERS LOCAL 3 B : Title:

DISTRICT COUNCIL 16 INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES
On behalf of:

CARPET, LINOLEUM AND SOFT TILE WORKERS, LOCAL 12;
GLAZIERS, ARCHITECTURAL METAL, AND GLASSWORKERS LOCAL 1621; PAINTERS & TAPERS LOCAL 272
B: Title:

GENERAL TEAMSTERS UNION LOCAL 912
B : Title:

HEAT & FROST INSULATORS & ALLIED WORKERS LOCAL 16
B: Title:

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, LOCAL LODGE 549 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 234 B: Title:

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL 8
B: Title:

IRONWORKERS LOCAL 377
B: Title:

LABORERSLOCAL270
B: Title:

Attachment 1

UNIONS
BRICK.LAYERS, TILESETTERS AND ALLIED CRAFTWORKERS LOCAL 3 B : Title:

DISTRICT COUNCIL 16 INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES
On behalf of:

CARPET, LINOLEUM AND SOFT TILE WORKERS, LOCAL 12;
GLAZIERS, ARCHITECTURAL METAL, AND GLASSWORKERS LOCAL 1621; PAINTERS & TAPERS LOCAL 272
B: Title:

GENERAL TEAMSTERS UNION LOCAL 912
B: Title:

HEAT&, FROST INSULATORS & ALLIED WORKERS LOCAL 16
B: Title:

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, LOCAL LODGE 549 B . . . Title:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 234 B: Title:

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL 8
t:''f'-1<.: i..J. Mc lt,Ast€.7
Title: '$v>1AI£$) JV/1i,.JAfbi1L
lRONWORKERS LOCAL 377
B: Title:

LABORERS LOCAL 270
B: Title:

PLA-16 Attachment 1

'\
UNION$
I <·
BRICKLAYERS, TILESETTERS AND ALLIED CRAFTWORKERS LOCAL 3 I
By: Title: . DISTRICT COUNCIL 16 INTERNATIONAL UNION OF PAINTERS & ALLIED TRADES
On behalf of:

CARPET, LINOLEUM AND SOFT TILE WORKERS, LOCAL 12;1
GLAZIERS, ARCHITECTURAL METAL, AND GLASSWORKERS LOC:\L 1621; PAINTERS & TAPERS LOCAL 272
(
By: Title: .

GENERAL TEAMSTERS UNION LOCAL 912
By: Title:

HEAT & FROST INSULATORS & ALLIED WORKERS LOCAL 16
By: Title:

I
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, LOCAL LODGE549 '
By: Title:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 234 BY: Title:

JNTERNATIONAL UNION OF ELEV ATOR CONSTRUCTORS LOCAL 8
By: Title:

IRONWORKERS LOCAL 377
~)--_:_;?£Title: dv-6.-'N.::SS ~M-1-it4'\5'!- ,L,.(_J4/ 3/i' - LABORERS LOCAL 270
By: Title:

PLA-16 Attachment 1

UNIONS
BRICKLAYERS, TILESEITERS AND ALLIED CRAFTWORKERS LOCAL 3 Bv: Title:

DISTRICT COUNCIL 16 INTERNATIONAL UNION OF PAlNTERS & ALLIED TRADES
On behalf of:

CARPET, LINOLEUM AND SOFT TILE WORKERS, LOCAL 12;
GLAZIERS, ARCHITECTURAL METAL, AND GLASSWORKERS LOCAL 1621; PAlNTERS & TAPERS LOCAL 272
Bv: Title:

GENERAL TEAMSTERS UNION LOCAL 912
By: Title:

HEAT & FROST INSULATORS & ALLIED WORKERS LOCAL 16
By: Title:

INTERNATIONAL BROTHERHOOD OF BOILERMAKERS, LOCAL LODGE 549 By: Title:

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 234 By: Title:

INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL 8
Bv: Title:

IRONWORKERS LOCAL 377
By: Title:

LABORERS LOCAL 270 13.ist~.H S} ).)....._.,~b'Ci.A....

By:f.1 ... ,·,~_,, C. A(l..~:,\-.," Title: 8,,<:.r.rtsr )J I\ A.) A c;· t (L PLA-16 Attachment 1

NO ' ERN CALIFORNIA CARPENTERS REGIONAL COUNCIL ON BEHALF OF ITS LF A D~TS AFFILIATED LOCAL CRAFTS
By: "'- ./
\ "" kk Title: i~e~,\)'{.. Q #i I ~.1 v
OPERA TING ENGINEERS LOCAL 3
By: Title:

OPERATIVE PLASTERERS' AND CEMENT MASONS'
LOCAL 300 OF NORTHERN CALIFORNIA
Bv: Title:

PLUMBERS AND STEAMFrlTERS LOCAL 62
By: Title:

ROAD SPRINKLER FITTERS LOCAL 669
By: Title:

ROOFERS AND WATERPROOFERS UNION LOCAL 95
By: Title:

SHEET METAL WORKERS LOCAL I 04
By: Title:

PLA-17
Attachment 1

ORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL ON BEHALF OF

TSELF AND ITS AFFILIATED LOCAL CRAFTS
B: Title:

OPERA TING ENGINEERS LOCAL 3
Title: B tJ s. 1...J ~

OPERATIVE PLASTERERS' AND CEMENT MASONS'
LOCAL 300 OF NORTHERN CALIFORNIA
B : Title:

PLUMBERS AND STEAMFITTERS LOCAL 62
B: Title:

ROAD SPRINKLER FITTERS LOCAL 669
B: Title:

ROOFERS AND W ATERPROOFERS UNION LOCAL 95
B: Title:
. SHEET METAL WORKERS LOCAL 104
B: Title:

PLA-17
Attachment 1

NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL ON BEHALF OF

ITSELF AND ITS AFFILIATED LOCAL CRAFTS
B: Title:

OPERA TING ENGINEERS LOCAL 3
By: Title:

OPERATIVE PLASTE ERS' AND CEMENT MASONS'
LOCAL 300 OF NO ERN CAUFORNIA
By: Title:

ROAD SPRINKLER FITTERS LOCAL 669
Title:

ROOFERS AND WA TERPROOFERS UNION LOCAL 95
Title:

SHEET METAL WORKERS LOCAL 104
B: Title:

PLA-17
Attachment 1

ORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL ON BEHALF OF

ITSELF AND ITS AFFILIATED LOCAL CRAFTS
Title:

PERA TING ENGINEERS LOCAL 3
Title:

OPERATIVE PLASTERERS' AND CEMENT MASONS'
LOCAL 300 OF NORTHERN CALIFORNIA
ROOFERS AND WATERPROOFERS UNION LOCAL 95
B: Title:

SHEET METAL WORKERS LOCAL 104
B: Title:

Attachment 1

NORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL ON BEHALF OF

ITSELF AND ITS AFFILIATED LOCAL CRAFTS
B: Title:

OPERATING ENGINEERS LOCAL 3
B· .. Title:

OPERATIVE PLASTERERS' AND CEMENT MASONS'
LOCAL 300 OF NORTHERN CALIFORNIA
B: Title:

PLUMBERS AND STEAMFITTERS LOCAL 62
B: Title:

ROAD SPRINKLER FITTERS LOCAL 669
Attachment 1

ORTHERN CALIFORNIA CARPENTERS REGIONAL COUNCIL ON BEHALF OF

ITSELF AND ITS AFFILIATED LOCAL CRAFTS
B: Title:

OPERATING ENGINEERS LOCAL 3
B: Title:

OPERATIVE PLASTERERS' AND CEMENT MASONS'
LOCAL 300 OF NORTHERN CALIFORNIA
B: Title:

PLUMBERS AND STEAMFITTERS LOCAL 62
B: Title:

ROAD SPRINKLER FITTERS LOCAL 669
B: Title:

ROOFERS AND WA TERPROOFERS UNION LOCAL 95
B: Title:

PLA-17
Attachment 1

PLA-18

ATTACHMENT A

AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: City of Watsonville Project Labor Agreement -- Agreement To Be Bound Dear Mr./Ms. ___________:

The undersigned party confirms that it agrees to be a party to and bound by the City of Watsonville Project Labor Agreement as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement To Be Bound, the undersigned party subscribes to, adopts and agrees to be bound by the written terms of the legally established trust agreements as set forth in Section 9.1specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, ratifies and accepts the trustees appointed by the parties to such trust funds, and agrees to execute a Subscription Agreement(s) for Trust Funds when such Trust Fund(s) require(s) such document(s).

Such obligation to be a party to and bound by this Agreement shall extend to all work covered by said Agreement undertaken by the undersigned party on the City of Watsonville Project. The undersigned party shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of this Agreement by signing an identical Agreement To Be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/SUBCONTRACTOR:_______________________________________ Contractor State License No. or Motor Carrier (CA) Permit No.:____________________ Name of Authorized Person: (print) _________________________________________ Signature of Authorized Person __________________________________________ Title of Authorized Person __________________________________________________ Telephone # of Authorized Person: ___________________________________________ Address of Authorized Person: ______________________________________________ Attachment 1

Attachment 1

ORDINANCE NO. 1295-13 (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADDING AMENDING CHAPTER 17 (PROJECT LABOR

AGREEMENTS FOR PUBLIC WORKS CONSTRUCTION PROJECTS)
OF TITLE 7 (PUBLIC WORKS) OF THE WATSONVILLE MUNICIPAL

CODE REQUIRING AUTHORIZING THE USE OF PROJECT LABOR

AGREEMENTS FOR CERTAIN CITY FUNDED CONSTRUCTION

PROJECTS

TABLE OF CONTENTS
SECTION 1. ENACTMENT. ............................................................................................ 1 CHAPTER 7-17 ................................................................................................. 2

PROJECT LABOR AGREEMENTS FOR PUBLIC WORKS
CONSTRUCTION PROJECTS.......................................................................... 2 Sec. 7-17.01 Findings. .................................................................................... 2 Sec. 7-17.02 Definitions. ................................................................................. 4 Sec. 7-17.03 Application of Project Labor Agreement Policy. ......................... 5 Sec. 7-17.04 Required provisions. .................................................................. 6 Sec. 7-17.05 Compliance with State and Federal Law.................................... 8 SECTION 2. PUBLICATION. .......................................................................................... 9 SECTION 3. EFFECTIVE DATE. .................................................................................... 9 WHEREAS, on ------------, the City Council passed Ordinance No. 1295-13 (CM), which added Chapter 17 (Project Labor Agreements for Public Works Construction Projects) of Title 7 (Public Works) of the Watsonville Municipal Code Requiring the Use of Project Labor Agreements for Certain City Funded Construction Projects; and WHEREAS, on August 26, 2014, the City Council adopted Resolution No. 119-14 (CM), approving the form of Master Project Labor Agreement for the City of Watsonville for City construction projects exceeding $600,000 and involving three or more trades, and authorizing the City Manager to execute same; and
WHEREAS, in recent years, the City has had difficulty bidding construction projects, specifically water and wastewater related projects, resulting in the City not receiving sufficient responses to a request for proposals, or the City receiving responses well in excess of the engineer’s estimate. These circumstances have made it difficult or impossible for the City to complete multiple projects important to our community; and WHEREAS, it is the City’s understanding that the above circumstances are due to the restrictive nature of the current PLA, adopted pursuant to the requirements in Ordinance Formatted: Font: Bold

Attachment 1

No. 1295-13 (CM), including an outdated threshold of $600,000 and no exemption for specific projects; and
WHEREAS, the City wishes to amend the current Ordinance to update the terms that must be included in any future Project Labor Agreement applicable to public projects in the City of Watsonville.
o-0-o

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. ENACTMENT.

Title 7 (Public Works) of the Watsonville Municipal Code is hereby amended by adding, Chapter 17 (Project Labor Agreements for Public Works Construction Projects) of the Watsonville Municipal Code is hereby amended to read in words and figures as follows:

CHAPTER 7-17

AUTHORIZATION TO ENTER INTO PROJECT LABOR AGREEMENTS FOR

CERTAIN PUBLIC WORKS CONSTRUCTION PROJECTS
Sec. 7-17.01 Findings.

City-funded construction projects can 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 City, 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.

Formatted: Left

Attachment 1

The City reaffirms its commitment to the hiring of local residents and apprenticeship programs, as stated in Watsonville Municipal Code Section 7.15.03 (Local Hiring Requirement Imposed) and 7-15.04 (Apprentice Hiring Requirement).

The City supports organized labor and the hiring of organized labor on City construction projects and believes that entering into a Project Labor Agreement can be an effective way of encouraging the use of organized labor on certain projects. In addition, large numbers of returning Veterans are and will be seeking employment on City-funded construction projects and will be seeking training opportunities for entrance into the construction industry. Such training opportunities are available through the program known as “Helmets to Hardhats,” utilization of which program is required in all current project labor agreements.

However, the City is a full service city, with limited resources, and is committed to the efficient and timely delivery of services to its residents. The City therefore seeks to balance its support of organized labor and training opportunities with its commitment to its community. To that end, the City finds that any Project Labor Agreement must allow the City to complete construction projects in a timely and cost-effective manner.

The construction craft jobs that are created by City-funded projects can be used to facilitate the local hire goals embodied in Watsonville’s Local Hire Ordinance. The construction crafts that are employed on these projects require a supply of new apprentices to perpetuate the crafts into the future which provide meaningful employment opportunities to individuals seeking to enter the building and construction trades for long-term, well-paid careers in the construction industry.

Attachment 1

In addition, large numbers of returning Veterans are and will be seeking employment on City-funded construction projects and will be seeking training opportunities for entrance into the construction industry. Such training opportunities are available through the program known as “Helmets to Hardhats,” utilization of which program is required in all current project labor agreements.

In the private sector, project labor agreements have been used for years on 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.

In the public sector, project labor agreements have been used successfully by the San Francisco International Airport, the Contra Costa Water District, the Oakland Airport, the Foothill De Anza Community College District, and numerous other public entities in and around the Bay Area for hospitals, reservoirs, wastewater treatments, schools and other 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.

Throughout Northern California, and especially in the San Francisco Bay Area, project labor agreements have been used successfully on numerous public and private construction projects, and public entities such as the County of Contra Costa, the Bay Area Rapid Transit District, the Oakland Unified School District, the San Francisco Unified School District, the City of Berkeley, and others, maintain Project labor agreement Ordinances and Policies requiring the use of Project labor agreements on their publicly funded construction projects.

Attachment 1

It is recognized that unemployment and underemployment of residents of the City of Watsonville has been and continues to be a serious problem. Statistics also indicate that the higher unemployment level in the City of Watsonville correlates to the higher number of families living at or near the poverty line and to a higher crime rate.

As a result, it is the policy of the City of Watsonville to increase the number of employed persons living in the City of Watsonville in an attempt to counteract the grave economic and social ills associated with the higher unemployment levels that exist within the City.

The City Council has determined there is a need to provide City of Watsonville residents with more opportunities to participate in workforce development and preapprenticeship programs that include life skills training and job readiness training. Such pre-apprenticeship programs will increase the capacity of Watsonville residents to succeed later in formal apprenticeship programs and hence reduce the unemployment rate and accompanying poverty and crime conditions.

The construction craft jobs that are created by City-funded projects can be used to facilitate the local hire goals embodied in Watsonville’s Local Hire Ordinance. The construction crafts that are employed on these projects require a supply of new apprentices to perpetuate the crafts into the future which provide meaningful employment opportunities to individuals seeking to enter the building and construction trades for long-term, well-paid careers in the construction industry.

In addition, large numbers of returning Veterans are and will be seeking employment on City-funded construction projects and will be seeking training opportunities for entrance into the construction industry. Such training opportunities are

Attachment 1

available through the program known as “Helmets to Hardhats,” utilization of which program is required in all current project labor agreements.

The City Council has determined that project labor agreements have proven to be a valuable vehicle for accomplishing all of the goals set out above.

Therefore, the City Council of the City of Watsonville has determined that on all competitively bid public works construction projects with a projected construction cost of $600,000 or more, and employing workers in three or more crafts, a project labor agreement should be used for the construction of such projects.

Sec. 7-17.02 Definitions.

For the purposes of this chapter, certain words and phrases used are defined as follows:
(a) “Project Labor Agreement” shall mean a prehire collective bargaining agreement with one or more labor organizations that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Title 29, Section 158 (f) of the United States Code. (b) “Contractor” shall mean a person entering into or performing a public works construction project.
(c) “Subcontractor” shall mean any person with whom a construction contractor Contractor or other subcontractor subcontractor enters into a contract to perform a portion of any public works construction project. (d) “Public Works Construction Project” (or “Project”) shall include all site preparation, construction, alteration, demolition, installation, improvement, painting,

Attachment 1

repair or off-haul work as defined in Labor Code section 1720.3, paid for in whole or in part by City funds with a projected construction cost of $600,0001,500,000 or more and employing workers in three or more crafts.
(e) “Union” shall mean the Monterey/Santa Cruz Building & Construction Trades Council and its affiliated unions and any other unions that become signatory to a project labor agreement governing the construction of a public works construction project.

Sec. 7-17.03 Application of Project Labor Agreement Policy.

This Chapter shall apply to all public Public works Works construction Construction projects Projects unless the existence of a project Project labor Labor agreement Agreement will jeopardize stateState, federal or other public funding sources, or otherwise prevent the City from completing the Project in a timely and costefficient manner.

The bid documents for any Public Works Construction Project subject to a Project Labor Agreement shall include In all, it shall be set forth in the bid documents for the public works construction project as a condition of the award thata requirement that ing the successful bidder, including all contractors Contractors and subcontractors at all tiers, shall be required to sign an agreement to be bound and to enter into a project Project labor Labor agreementAgreement. The successful gGeneral cContractor bidder shall execute a master project Project labor Labor agreement Agreement, which will be filed with the City Clerk and shall govern its work on the construction of the public works construction project according to its termsProject.

Attachment 1

Any Project Labor Agreement must be approved by resolution of the City Council.

Sec. 7-17.04 Required provisions.

Unless the Council, by majority vote determines otherwise, the any project Project lLabor Aagreement shall contain the following provisions:
(a) A term, at the end of which the Project Labor Agreement expires, unless the Parties mutually agree to an extension or renewal;
(b) A list of specific types and/or sizes of projects or the characteristics of such projects that will be subject to the Project Labor Agreement; (c) Annual increases, equivalent to the DGS California Construction Cost Index, in the projected construction cost of Public Works Construction Projects; (d) A provision allowing the City Council to rescind the Project Labor Agreement, for a specific project, if the City Council finds that the Project Labor Agreement is preventing the City from timely and efficient completion of a Public Works Construction Project necessary for the health and safety of Watsonville residents, or is preventing the City from receiving outside funding;
(e) Provisions affirming the City’s compliance with Watsonville Municipal Code Section 7.15.03 (Local Hiring Requirement Imposed) and 7-15.04 (Apprentice Hiring Requirement);
(f) All provisions required by Public Contracts Code Section 2500, as amended from time to time; and

Attachment 1

(g) A requirement that the Trades Council provide an annual update to the City Council regarding the impacts of the PLA, including project completion costs, use of apprenticeships, and the use of local union labor.
i.
(a) The project labor agreement shall be binding on all contractors and subcontractors at all tiers;
(b) The contractor shall require all subcontractors, at all tiers, as a condition of working on the public works construction project, to become parties to the project labor agreement;
(c) The project labor agreement shall guarantee against work stoppages, strikes, lockouts, and similar disruptions of the project as set forth in subdivision (a)(4) of California Public Contract Code Section 2500.
(d) The Union and its members shall continue work on the public works construction project despite the expiration of the applicable collective bargaining agreements;
(he) All contractors Contractors and subcontractors shall recognize the union Union as the exclusive bargaining representative of the craft workers employed on the public works construction pProject;
(if) All cContractors and subcontractors shall use the union hiring hall procedures for satisfying project craft needs on the public works construction projectProject;
(jg) All contractors Contractors and subcontractors shall hire apprentices indentured in the State-approved joint apprenticeship program for the craft or trade involved for work on the public works construction pProject in accordance with the Formatted: _2.0sp 0.5", Indent: Left: 0", First line: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, … +
Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 1"

Attachment 1

apprentice ratios in California Labor Code Section 1777.5, as amended from time to time;
(kh) Any local hire ordinance adopted by the City of Watsonville shall be included in and made a part of the project labor agreementincorporated into the Project Labor Agreement;
(i) The project labor agreement shall require use of the “Helmets to Hardhats” Program to assist returning veterans in obtaining employment and training opportunities on the public works construction project. (lj) Except as otherwise provided in the operative Project Labor Agreement, tThe wages and benefits of the craft employees performing work on the public works construction project Project shall be governed by the collective bargaining agreement of the union traditionally recognized as the bargaining representative of the craft(s) in question.
(km) The project Project labor Labor agreement Agreement shall not apply to the contractors’ Contractors’ or subcontractors’ parent companies, subsidiaries, or affiliates, .
(l) The project labor agreement shall not apply to the contractors’ or subcontractors’ managerial, executive, clerical or supervisory employees above the level of general foremenforeperson.
(mn) The contractors or subcontractors are acting on their own behalf and have no authority, express, implied, actual, apparent, or ostensible, to bind the City. (no) The pProject Llabor Aagreement does not apply to any work performed on or near or leading to or into the public works construction project site by federal, state,

Attachment 1

or other governmental entities or their contractor(s) for work which is not part of the public works construction project.
(o) An agreed-upon protocol concerning drug testing for workers who will be employed on the project as set forth in subdivision (a)(3) of California Public Contract Code Section 2500.
(p) Prohibition of discrimination based on race, national origin, religion, sexual orientation, political affiliation or membership in a labor organization in hiring or dispatching workers for the project as set forth in subdivision (a)(1) of California Public Contract Code Section 2500.
(q) All contractors and subcontractors may bid for and be awarded work on the project without regard to whether they are otherwise parties to collective bargaining agreements as set forth in subdivision (a)(2) of California Public Contract Code Section 2500.
(r) A requirement that disputes arising from the project labor agreement shall be resolved by a neutral arbitrator as required by subdivision (a)(5) of California Public Contract Code Section 2500.

Sec. 7-17.05 Compliance with State and Federal Law.

This Chapter shall be enforced only to the extent that it is consistent with the laws of the State of California and the United States. Nothing in this Chapter is intended to exempt any business from complying with State or Federal law, or from complying with State requirements for apprenticeship programs. No employer shall be required to violate its obligations under an agreement governed by the National Labor Relations Act

Attachment 1

and the Labor-Management Relations Act of 1947. If any provision of this Chapter is held by a court of law to be in conflict with State or Federal law, the applicable law shall prevail over the terms of this chapter, and the conflicting provisions of this chapter shall not be enforceable.

SECTION 2. PUBLICATION.

This amended ordinance shall be published in the Watsonville RegisterPajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.

SECTION 3. EFFECTIVE DATE.

This amended ordinance shall be in force and take effect thirty (30) days after its final adoption.

1 Reso No. ______ (CM)
Reference: Reso No. 119-14 (CM) (Rescind)
Meeting Date: 101425 SWZ ______ TV ______ PWU ______
RESOLUTION NO. __________ (CM)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE RESCINDING RESOLUTION NO. 119-14 (CM)
WHEREAS, on August 26, 2014, the City Council adopted Resolution No. 119-14 (CM), approving the form of Master Project Labor Agreement for the City of Watsonville for City construction projects exceeding $600,000 and involving three or more trades, and authorizing the City Manager to execute same; and
WHEREAS, Resolution No. 119-14 (CM) authorized adoption of the Master Project Labor Agreement (“PLA”) between the City of Watsonville and the Monterey/ Santa Cruz Building and Construction Trades Council (“Trades Council”), and its affiliated local Unions, which was executed on August 27, 2014, and has been in place since that time; and
WHEREAS, in recent years, the City has had difficulty bidding construction projects, specifically water and wastewater related projects, resulting in the City not receiving sufficient responses to a request for proposals, or the City receiving responses well in excess of the engineer’s estimate. These circumstances have made it difficult or impossible for the City to complete multiple projects important to our community; and WHEREAS, it is the City’s understanding that the above circumstances are due to the restrictive nature of the current PLA, which includes an outdated threshold of $600,000, and does not include an exemption for specific projects; and WHEREAS, the current PLA does not include a term or expiration date, so it does not include the ability for the City to terminate the Agreement; and

2 Reso No. ______ (CM)
Reference: Reso No. 119-14 (CM) (Rescind)
Meeting Date: 101425
WHEREAS, the City Council reaffirms its commitment to union labor, labor organizations, and the use of local labor; and
WHEREAS, the City remains open and willing to enter into a new PLA that includes terms that allow the City to complete projects important for our community.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. No environmental review is required for this item. Rescinding a resolution by with the current PLA is adopted and implementing a framework for a future PLA is a project subject to the California Environmental Quality Act (“CEQA”) because neither action has the potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.) Any construction project bid pursuant to a future PLA will be subject to environmental review at that time.

2. Resolution No. 119-14 (CM), approving form of Master Project Labor Agreement for the City of Watsonville for City construction projects exceeding $600,000 and involving three or more trades, and authorizing the City Manager to execute same, adopted on August 26, 2014, is hereby rescinded.
********************************

1 Ord No. ______ (CM)
Reference: Ord. No. 1295-13 (CM) (Amend)
Meeting Date: 101425 SWZ ______ TV ______ PWU ______
ORDINANCE NO. Introduction (CM)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AMENDING CHAPTER 17 (PROJECT LABOR

AGREEMENTS FOR PUBLIC WORKS CONSTRUCTION PROJECTS)
OF TITLE 7 (PUBLIC WORKS) OF THE WATSONVILLE MUNICIPAL

CODE AUTHORIZING THE USE OF PROJECT LABOR AGREEMENTS

FOR CERTAIN CITY FUNDED CONSTRUCTION PROJECTS
WHEREAS, on October 8, 2013, the City Council passed Ordinance No. 1295-13 (CM), which added Chapter 17 (Project Labor Agreements for Public Works Construction Projects) of Title 7 (Public Works) of the Watsonville Municipal Code Requiring the Use of Project Labor Agreements for Certain City Funded Construction Projects; and WHEREAS, on August 26, 2014, the City Council adopted Resolution No. 119-14 (CM), approving the form of Master Project Labor Agreement for the City of Watsonville for City construction projects exceeding $600,000 and involving three or more trades, and authorizing the City Manager to execute same; and
WHEREAS, in recent years, the City has had difficulty bidding construction projects, specifically water and wastewater related projects, resulting in the City not receiving sufficient responses to a request for proposals, or the City receiving responses well in excess of the engineer’s estimate. These circumstances have made it difficult or impossible for the City to complete multiple projects important to our community; and WHEREAS, it is the City’s understanding that the above circumstances are due to the restrictive nature of the current PLA, adopted pursuant to the requirements in Ordinance No. 1295-13 (CM), including an outdated threshold of $600,000 and no exemption for specific projects; and

2 Ord No. ______ (CM)
Reference: Ord. No. 1295-13 (CM) (Amend)
Meeting Date: 101425
WHEREAS, the City wishes to amend the current Ordinance to update the terms that must be included in any future Project Labor Agreement applicable to public projects in the City of Watsonville.
o-0-o

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. ENACTMENT.

Chapter 17 (Project Labor Agreements for Public Works Construction Projects) of Title 7 (Public Works) of the Watsonville Municipal Code is hereby amended to read as follows:

CHAPTER 7-17

AUTHORIZATION TO ENTER INTO PROJECT LABOR AGREEMENT FOR CERTAIN

PUBLIC WORKS CONSTRUCTION PROJECTS
Sec. 7-17.01 Findings.

City-funded construction projects can 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 City, 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.

3 Ord No. ______ (CM)
Reference: Ord. No. 1295-13 (CM) (Amend)
Meeting Date: 101425
The City reaffirms its commitment to the hiring of local residents and apprenticeship programs, as stated in Watsonville Municipal Code Section 7.15.03 (Local Hiring Requirement Imposed) and 7-15.04 (Apprentice Hiring Requirement).

The City supports organized labor and the hiring of organized labor on City construction projects and believes that entering into a Project Labor Agreement can be an effective way of encouraging the use of organized labor on certain projects. However, the City is a full service city, with limited resources, and is committed to the efficient and timely delivery of services to its residents. The City therefore seeks to balance its support of organized labor and training opportunities with its commitment to its community. To that end, the City finds that any Project Labor Agreement must allow the City to complete construction projects in a timely and cost-effective manner.

Sec. 7-17.02 Definitions.

For the purposes of this chapter, certain words and phrases used are defined as follows:
(a) “Project Labor Agreement” shall mean a prehire collective bargaining agreement with one or more labor organizations that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Title 29, Section 158 (f) of the United States Code. (b) “Contractor” shall mean a person performing a public works construction project.
(c) “Subcontractor” shall mean any person with whom a Contractor or other subcontractor enters into a contract to perform a portion of any public works construction project.

4 Ord No. ______ (CM)
Reference: Ord. No. 1295-13 (CM) (Amend)
Meeting Date: 101425
(d) “Public Works Construction Project” (or “Project”) shall include all site preparation, construction, alteration, demolition, installation, improvement, painting, repair or off-haul work as defined in Labor Code section 1720.3, paid for in whole or in part by City funds with a projected construction cost of $1,500,000 or more and employing workers in three or more crafts.
(e) “Union” shall mean the Monterey/Santa Cruz Building & Construction Trades Council and its affiliated unions and any other unions that become signatory to a project labor agreement governing the construction of a public works construction project.

Sec. 7-17.03 Application of Project Labor Agreement.

This Chapter shall apply to all Public Works Construction Projects unless the existence of a Project Labor Agreement will jeopardize State, federal or other public funding sources, or otherwise prevent the City from completing the Project in a timely and cost-efficient manner.

The bid documents for any Public Works Construction Project subject to a Project Labor Agreement shall include a requirement that the successful bidder, including all Contractors , sign an agreement to be bound and to enter into a Project Labor Agreement.

The successful General Contractor bidder shall execute a master Project Labor Agreement, which will be filed with the City Clerk and govern its work on the Project.

Any Project Labor Agreement must be approved by resolution of the City Council.

Sec. 7-17.04 Required provisions.

Unless the Council by majority vote determines otherwise, any Project Labor Agreement shall contain the following:

5 Ord No. ______ (CM)
Reference: Ord. No. 1295-13 (CM) (Amend)
Meeting Date: 101425
(a) A term, at the end of which the Project Labor Agreement expires, unless the Parties mutually agree to an extension or renewal;
(b) A list of specific types and/or sizes of projects or the characteristics of such projects that will be subject to the Project Labor Agreement; (c) Annual increases, equivalent to the DGS California Construction Cost Index, in the projected construction cost of Public Works Construction Projects; (d) A provision allowing the City Council to rescind the Project Labor Agreement, for a specific project, if the City Council finds that the Project Labor Agreement is preventing the City from timely and efficient completion of a Public Works Construction Project necessary for the health and safety of Watsonville residents, or is preventing the City from receiving outside funding;
(e) Provisions affirming the City’s compliance with Watsonville Municipal Code Section 7.15.03 (Local Hiring Requirement Imposed) and 7-15.04 (Apprentice Hiring Requirement);
(f) All provisions required by Public Contract Code Section 2500, as amended from time to time; and
(g) A requirement that the Trades Council provide an annual update to the City Council regarding the impacts of the PLA, including project completion costs, use of apprenticeships, and the use of local union labor.
(h) All Contractors shall recognize the Union as the exclusive bargaining representative of the craft workers employed on the Project; (i) All Contractors shall use the union hiring hall procedures for satisfying craft needs on the Project;

6 Ord No. ______ (CM)
Reference: Ord. No. 1295-13 (CM) (Amend)
Meeting Date: 101425
(j) All Contractors shall hire apprentices indentured in the State-approved joint apprenticeship program for the craft or trade involved for work on the Project in accordance with the apprentice ratios in California Labor Code Section 1777.5, as amended from time to time;
(k) Any local hire ordinance adopted by the City of Watsonville shall be incorporated into the Project Labor Agreement;
(l) Except as otherwise provided in the operative Project Labor Agreement, the wages and benefits of the craft employees performing work on the Project shall be governed by the collective bargaining agreement of the union traditionally recognized as the bargaining representative of the craft(s) in question. (m) The Project Labor Agreement shall not apply to the Contractors’ parent companies, subsidiaries, affiliates, managerial, executive, clerical or supervisory employees above the level of general foreperson.
(n) The contractors are acting on their own behalf and have no authority, express, implied, actual, apparent, or ostensible, to bind the City. (o) The Project Labor Agreement does not apply to any work performed on or near or leading to or into the public works construction project site by federal, state, or other governmental entities or their contractor(s) for work which is not part of the public works construction project.

Sec. 7-17.05 Compliance with State and Federal Law.

This Chapter shall be enforced only to the extent that it is consistent with the laws of the State of California and the United States. Nothing in this Chapter is intended to exempt any business from complying with State or Federal law, or from complying with

7 Ord No. ______ (CM)
Reference: Ord. No. 1295-13 (CM) (Amend)
Meeting Date: 101425
State requirements for apprenticeship programs. No employer shall be required to violate its obligations under an agreement governed by the National Labor Relations Act and the Labor-Management Relations Act of 1947. If any provision of this Chapter is held by a court of law to be in conflict with State or Federal law, the applicable law shall prevail over the terms of this chapter, and the conflicting provisions of this chapter shall not be enforceable.

SECTION 2. PUBLICATION.

This amended ordinance shall be published in the Watsonville Register-Pajaronian and/or Santa Cruz Sentinel in compliance with the provisions of the Charter of the City of Watsonville.

SECTION 3. EFFECTIVE DATE.

This amended ordinance shall take effect thirty (30) days after its adoption.

From: Heidi Schwartz
To: City Council; cityclerk
Subject: Watsonville City PLA withdrawal request
Date: Monday, October 13, 2025 2:18:55 PM
Attachments: REI Letter - City of Watsonville PLA.doc
You don't often get email from [email protected]. Learn why this is important Hello,
Please see the attached letter regarding the Project Labor Agreement with the City of Watsonville.

Sincerely,
Heidi Schwartz
Accounts & Compliance
Randazzo Enterprises, Inc.
13550 Blackie Rd., Castroville, CA 95012
831-633-4420 Cell:

Our goals are safety and satisfied customers.

Randazzo Enterprises, Inc.
13550 Blackie Road ~ Castroville, Ca. 95012
Phone (831) 633-4420 ~ Fax (831) 633-4588 ~ Email [email protected] CA License # 471936 A, B, C-8, C-21, C-22, ASB, & HAZ
www.randazzoent.com
September 13, 2025
Dear Councilmember,
As a local construction professional and member of Associated Builders and Contractors Northern California, I am writing to urge you to withdraw from the current Project Labor Agreement (PLA).

It has been proven to you time and again since 2014, when the PLA went into effect, construction costs go up. They force merit shop contractors like me to pay into union benefit plans; although, I already abide by California law and provide required benefits to my employees. Additionally, with a PLA mandate, I will not be able to use my own skilled and trained workforce and must hire workers I don’t know from local union halls who may or may not be local. As you have seen, this makes it harder for merit shop contractors who are not signatory to a union to compete in winning projects and utilizing their own workforce who are local.

Please consider that more than 85% of the workforce in California choose not to be members of a union. By mandating a PLA, you will be excluding all of them. But if there is no PLA, all construction professionals will be able to bid and work on developing the community.

I am committed to building infrastructure that is safe, efficient, and delivered with the highest quality. I encourage you to mandate policies that are inclusive, constructive, and allow for fair and open competition, regardless of an affiliation to any entity.

Respectfully,
Mark Randazzo

Watsonville youth.

Staff Demand Accountability from Workers, Not Themselves None on their own bid posting, outreach, or compliance.

Keep the PLA — Fix the Process
The PLA protects taxpayers, creates local careers, and ensures quality work. Staff’s failure to manage bids is not a reason to tear it down. Keep the PLA until a full replacement is negotiated.”

LOWELL HURST
WATSONVILLE, CA 95076
Cell 831
10/14/25, 11:25 AM Mail - City Council - Outlook
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