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HomeMy WebLinkAbout2020-08-20; Clean Energy Alliance JPA; ; Clean Energy Alliance Inclusive & Sustainable Workforce PolicyClean Energy Alliance JOINT POWERS AUTHORITY Staff Report DATE: August 20, 2020 TO: Clean Energy Alliance Board of Directors FROM: Barbara Boswell, Interim Chief Executive Officer ITEM 5: Clean Energy Alliance Inclusive & Sustainable Workforce Policy RECOMMENDATION: Review, provide input and approve Clean Energy Alliance (CEA) Inclusive & Sustainable Workforce Policy. BACKGROUND AND DISCUSSION: At its special meeting on July 23, 2020, the CEA Board of Directors was provided a draft Inclusive & Sustainable Workforce Policy (Policy) (Attached) for consideration. The Board directed staff to bring the draft Policy back at the next regular CEA Board meeting. FISCAL IMPACT There is no fiscal impact by this action. ATTACHMENTS: Attachment A - Clean Energy Alliance Draft Inclusive & Sustainable Workforce Policy Aug. 20, 2020 Item 5 Item #5 Iterp§goi bf5 Attachment A Clean Energy Alliance JOINT POWERS AUTHORITY INCLUSIVE & SUSTAINABLE WORKFORCE POLICY The Clean Energy Alliance (CEA) Board of Directors desires to establish a policy that supports local jobs, sustainable and inclusive workforce opportunities, local economic sustainability, and diversity through contracting for power sources, procuring goods and services, and implementing hiring initiatives where appropriate, without limiting fair and open competition for projects or programs implemented by CEA. CEA Staff CEA relies on its employees to provide clean, cost-effective, alternative energy to its customers. These customers live in diverse communities and an inclusive workforce of staff who reflect and are invested in these communities allows CEA to serve them more effectively. An inclusive staff also provides good jobs for people from diverse communities. To help maintain and strengthen CEA's inclusive staff, CEA will strive to: 1. Engage in broad outreach efforts in diverse communities, including disadvantaged and low-income communities, to ensure a diverse pool of candidates for open positions; 2. Provide fair compensation that aligns with regional market indicators for compensation levels for each position; 3. Be transparent about these practices and lessons learned; and 4. Provide contact information for staff who can answer questions about this policy. Supply Chain CEA also strives for inclusion in its supply chain. Where and from whom CEA purchases good and services have important consequences for businesses, customers, and their communities. Where appropriate, an inclusive supply chain is an important driver for successful delivery of CEA's services to its customers, and of fair and equitable economic development generally. Where appropriate, and without limiting fair and open competition, to support an inclusive supply chain, CEA will strive to: 1. Use local businesses and provide fair compensation in the purchase of services and supplies; 2. Proactively seek services from local businesses that are taking steps to protect the environment; City of Carlsbad I City of Del Mar I City of Solana Beach Aug. 20, 2020 Item 5 Attachment Item #5 iterpmeg2 bff 3. Engage in efforts to reach diverse communities to ensure an inclusive pool of potential suppliers; 4. Collect information from suppliers and contractors on the inclusivity of their workforce; 5. Include questions about supplier inclusivity in requests for proposals (RFPs) for services; 6. Encourage reporting from developers and vendors on inclusivity in business ownership and staff; 7. Be transparent about these practices and lessons learned; and 8. Provide contact information for staff who can answer questions about this policy. Inclusive Business Practices To fulfill its goals of providing a range of energy product and programs, available to all CEA communities and customers, that best serve their needs and their local communities, and support local sustainability efforts, CEA will strive to: 1. Provide information in the multiple languages commonly spoken in CEA's service area (including mailers, tabling materials, customer service, call center, workshops and outreach events, advertisements, and other means of customer engagement); 2. Conduct marketing and outreach in diverse communities to increase awareness of CEA's services and programs; 3. Attend multi-cultural community events with multi-lingual materials and speakers; 4. Share information about activities and initiatives that promote inclusion, access, and diverse engagement in the community. Non-Discrimination Pledge CEA will not discriminate, and will strive to workrequire in its contracts with suppliers that ele they will not discriminate, on the basis of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information. Sustainable Workforce Support of local businesses, fair compensation, apprenticeship and pre-apprenticeship programs that create employment opportunities, without limiting fair and open competition, are important components of building and sustaining healthy and sustainable communities. It is in the interest of CEA to provide fair compensation and sustainable workforce opportunities, within a framework of fair and open competition and the promotion of renewable energy, energy efficiency and greenhouse gas reduction. CEA recognizes the importance of locally-generated renewable energy (local is defined as within the San Diego County region) in assuring that California is provided with (1) adequate 2 Aug. 20, 2020 Item 5 Attachment Item #5 itenpbEegs bffs supplies of renewable energy for economic growth, (2) sustained local job opportunities and job creation, and (3) effective means to reduce the impacts of greenhouse gas emissions. CEA also recognizes the opportunities that energy efficiency programs provide for local workforce training and employment. CEA encourages fair compensation in direct hiring, renewable development projects, energy efficiency programs and in procurement of CEA services and supplies. CEA also encourages use of State of California approved apprenticeship and pre-apprenticeship training programs in construction craft occupations to foster long-term, fairly compensated employment opportunities for program graduates. Where appropriate, without limiting fair and open competition, CEA will strive to accomplish the following objectives: 1. Support for and direct use of local businesses; 2. Support for and direct use of green and sustainable businesses; 3. Encourage the use of skilled and trained workers who receive fair compensation; 4. Encourage the use of State of California approved apprenticeship programs, and pre- apprenticeship programs within CEA's service territory. CEA Power Purchase Agreements with Third Parties CEA will encourage the submission of information from respondents to any bidding and/or RFP/RFQ process regarding planned efforts by project developers and their contractors to achieve the following goals: • Employ workers and use businesses from the San Diego county area. • Employ properly licensed (A, B, C10, C7, C46). contractors and California Certified electricians. • Utilize local apprentices, particularly graduates of San Diego County pre-apprenticeship programs. • Pay workers prevailing wage for each craft, classification and type of work performed. • Display a poster at jobsites informing workers of prevailing wage requirements. • Provide workers compensation coverage to on-site workers. • Support and use State of California approved apprenticeship programs. Relevant information submitted by proposers will be used to evaluate potential impact on local jobs and workforce of the planned project. CEA Owned Generation Projects Each construction contractor or subcontractor performing work on any CEA-owned project is encouraged to use local labor and apprenticeship programs and follow fair compensation Aug. 20, 2020 Item 5 Attachment Item #5 iterpmeg4,105 practices including proper assignment of work to crafts that traditionally perform the work. Contractors and subcontractors shall pay at least prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and encouraged to use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. CEA Feed-In Tariff Projects CEA will encourage construction contractors or subcontractors performing work on any CEA Feed-In Tariff project utilize local businesses and local apprenticeship programs, and fair compensation practices including proper assignment of work to crafts that traditionally perform the work. CEA encourages contractors and subcontractors performing work on any CEA Feed-In-Tariff project to pay at least prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and encouraged to use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. CEA Energy Efficiency Projects CEA will strive to support local businesses and apprenticeship programs, in the implementation of its energy efficiency programs. CEA will encourage construction contractors or subcontractors performing work on any CEA energy efficiency program utilize local businesses and apprenticeship programs and fair compensation practices including proper assignment of work to crafts that traditionally perform the work. Union Neutrality Pledge CEA will remain neutral regarding whether its employees choose to join or support labor unions and will not interfere with decisions by its contractors' and suppliers' employees about whether to join or support labor unions. 4 Aug. 20, 2020 Item 5 Attachment Item #5 ItenpMegs bff Clean Energy Alliance JOINT POWERS AUTHORITY Board Memorandum Aug. 18, 2020 To: Honorable Chair and Board Members of the Clean Energy Alliance Re: Additional Materials Related to Staff Report Item No. 5 — Inclusive Sustainable Workforce Policy This Additional Materials memorandum provides Attachment B regarding the Letter from Altshuler Berzon dated July 21, 2020 on behalf of International Brotherhood of Electrical Workers Local 569 regarding suggested edits to the proposed policy for the Board's consideration. Attachment: B. Letter from Altshuler Berzon dated July 21, 2020 on behalf of International Brotherhood of Electrical Workers Local 569 Clean Energy Alliance City of Carlsbad I City of Del Mar I City of Solana Beach STEPHEN P. BE_RZON HAMILTON CANDEE EVE H. CERVANTEZ BARBARA J. CHISHOLM JEFFREY B. DEMAIN JAMES M. FINBERG EILEEN B. GOLDSMITH CORINNE JOHNSON MEREDITH A. JOHNSON SCOTT A. KRONLAND ANDREW KUSHNER RER.CCA C. LEE DANIELLE E. LEONARD STACEY M. LETTON AMANDA C. LYNCH MATTHEW J. MURRAY ZOE PAUTZ P. CASEY PITTS DANIEL T. PURTELL MICHAEL RUBIN HUNTER B. THOMSON STEFANIE L WILSON ALTSITULER BERZON ELI, ATTORNEYS AT LAW 177 POST STREET, SUITE 300 SAN FRANCISCO, CALIFORNIA 94108 (415) 421-7151 FAX (415) 362-8064 www.altshulerberzon.com FRED H. ALTSHULER FOUNDING PARTNER EMERITUS PETER D. NUSSBAUM PARTNER EMERITUS ELIZABETH VISSERS FELLOW July 21, 2020 By electronic mail Board of Directors Clean Energy Alliance Re: Proposed Inclusive and Sustainable Workforce Policy Dear Board Members: I write on behalf of International Brotherhood of Electrical Workers Local 569 ("IBEW Local 569") to submit a proposed Inclusive and Sustainable Workforce Policy that differs in some respects from the draft policy prepared by staff for your July 23, 2020 meeting. A redline showing MEW Local 569's proposed changes to the staff draft is included as Attachment A to this letter and a clean version is included as Attachment B. The proposed changes to the staff draft are necessary for the Clean Energy Alliance to have a meaningful workforce policy that actually will benefit the local community, rather than a watered-down policy that, as a practical matter, will not accomplish anything. The main changes from the staff draft are as follows: 1. The proposed policy strengthens language in the staff draft that would have provided that CEA will merely "strive" to achieve or "encourage" certain goals. This language watered down the prior proposals from IBEW Local 569 and other stakeholders. 2. The proposed policy provides that CEA-owned generation projects "shall make use of project labor agreements that include the taxpayer protection provisions of Public Contract Code Section 2500 to ensure fair and open competition and that include provisions to create local jobs for journey-level workers and apprentices." PLAs that include local hire provisions are the best practical means for CEA to achieve its goal of developing the local workforce. Item 5 Attachment B Page 1 of 13 Board of Directors Clean Energy Alliance Re: Proposed Inclusive and Sustainable Workforce Policy July 21, 2020 Page 2 I understand that an argument has been made that CEA cannot use PLAs on CEA-owned energy generation projects because the Joint Powers Agreement includes the following recital: "By establishing the Authority, the Parties seek to: ... Pursue the procurement of local generation of renewable power developed by or within member jurisdictions with an emphasis on local jobs, where appropriate, without limiting fair and open competition for projects or programs implemented by the Authority...." That argument is not correct. As an initial matter, the quoted provision is just a recital of an aspiration, not a limit on the Board's authority, and the recital also does not even refer to PLAs, much less provide definitions of the vague temis in the recital. Second, the California Legislature has specifically provided by statute that "[t]he members of the governing board of a local public entity may choose by majority vote whether to use, enter into, or require contractors to enter into a project labor agreement that includes all the taxpayer protection provisions of [Public Contract Code] Section 2500 for a specific project or projects awarded by that entity." Thus, the Board has legislatively conferred authority to use PLAs. The Board can direct staff to negotiate PLAs for CEA-owned projects that meet the CEA's goals, which would then come back to the CEA for approval. Third, PLAs that include the "taxpayer protection provisions of Public Contract Code Section 2500" are entirely consistent with "fair and open competition." Section 2500 requires that the PLA must "permit[] all qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to collective bargaining agreements" and that the PLA must "prohibit[] discrimination based on ... membership in a labor organization in hiring and dispatching workers for the project." Public Contract Code §2500(a)(1),(2). The California Supreme Court has held that such PLAs are "consistent with the general principles underlining the competitive bidding law," which protects fair and open competition. See Associated Builders & Contractors, Inc. v. San Francisco Airports Corn., 21 Cal. 4th 352, 365-74 (1999). 3. The proposed policy would require (not merely "encourage") contractors on CEA feed-in tariff and energy efficiency projects to pay prevailing wages and use a skilled and trained workforce. Maintaining high labor standards for projects is necessary to support the creation and maintenance of a skilled local workforce that can complete projects in a streamlined manner with the highest quality workmanship. IBEW Local 569 respectfully urges that the Board adopt the proposed Inclusive and Sustainable Workforce Policy included as Attachment B. Thank you for your consideration of this proposal. Sincerely, Is/ Scott A. Kronland Scott A. Kronland Attachments cc: MEW Local 569 Item 5 Attachment B Page 2 of 13 Attachment A: Redline Version Item 5 Attachment B Page 3 of 13 CEA Inclusive and Sustainable Workforce Policy Redline showing IBEW 569's Proposed Changes to July 23, 2020 Staff Draft INCLUSIVE & SUSTAINABLE WORKFORCE POLICY The Clean Energy Alliance (CEA) Board of Directors desires to establish a policy that supports local jobs, sustainable and inclusive workforce opportunities, local economic sustainability, and diversity through contracting for power sources, procuring goods and services, and implementing hiring initiatives where appropriate, without limiting fair and open competition for projects or programs implemented by CEA. CEA Staff CEA relies on its employees to provide clean, cost-effective, alternative energy to its customers. These customers live in diverse communities and an inclusive workforce of staff who reflect and are invested in these communities allows CEA to serve them more effectively. An inclusive staff also provides good jobs for people from diverse communities. To help maintain and strengthen CEA's inclusive staff, CEA will strive to: 1. Engage in broad outreach efforts in diverse communities, including disadvantaged and low-income communities, to ensure a diverse pool of candidates for open positions; 2. Provide fair compensation that aligns with regional market indicators for compensation levels for each position; 3. Be transparent about these practices and lessons learned; and 4. Provide contact information for staff who can answer questions about this policy. Supply Chain CEA also commits to strives for inclusion in its supply chain. Where and from whom CEA purchases good and services have important consequences for businesses, customers, and their communities. Where appropriate, an inclusive supply chain is an important driver for successful delivery of CEA's services to its customers, and of fair and equitable economic development generally. Where appropriate, and without limiting fair and open competition, to support an inclusive supply chain, CEA will strive to: 1. Use local businesses and provide fair compensation in the purchase of services and supplies; 2. Proactively seek services from local businesses that are taking steps to protect the environment; 3. Engage in efforts to reach diverse communities to ensure an inclusive pool of potential suppliers; 4. Collect information from suppliers and contractors on the inclusivity of their workforce; 1 Item 5 Attachment B Page 4 of 13 CEA Inclusive and Sustainable Workforce Policy Redline showing IBEW 569's Proposed Changes to July 23, 2020 Staff Draft 5. Include questions about supplier inclusivity in requests for proposals (RFPs) for services; 6. Encourage reporting from developers and vendors on inclusivity in business ownership and staff; 7. Be transparent about these practices and lessons learned; and 8. Provide contact information for staff who can answer questions about this policy. Inclusive Business Practices To fulfill its goals of providing a range of energy product and programs, available to all CEA communities and customers, that best serve their needs and their local communities, and support local sustainability efforts, CEA will strivc to: 1. Provide information in the multiple languages commonly spoken in CEA's service area (including mailers, tabling materials, customer service, call center, workshops and outreach events, advertisements, and other means of customer engagement); 2. Conduct marketing and outreach in diverse communities to increase awareness of CEA's services and programs; 3. Attend multi-cultural community events with multi-lingual materials and speakers; 4. Share information about activities and initiatives that promote inclusion, access, and diverse engagement in the community. Non-Discrimination Pledge CEA will not discriminate, and will require in its contracts with suppliers that they will not discriminate, on the basis of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information. Sustainable Workforce Support of local businesses, fair compensation, apprenticeship and pre-apprenticeship programs that create employment opportunities, without limiting fair and open competition, are important components of building and sustaining healthy and sustainable communities. It is in the interest of CEA to provide fair compensation and sustainable workforce opportunities, within a framework of fair and open competition and the promotion of renewable energy, energy efficiency and greenhouse gas reduction. CEA recognizes the importance of locally-generated renewable energy (local is defined as within the San Diego County region) in assuring that California is provided with (1) adequate supplies of renewable energy for economic growth, (2) sustained local job opportunities and 2 Item 5 Attachment B Page 5 of 13 CEA Inclusive and Sustainable Workforce Policy Redline showing IBEW 569's Proposed Changes to July 23, 2020 Staff Draft job creation, and (3) effective means to reduce the impacts of greenhouse gas emissions. CEA also recognizes the opportunities that energy efficiency programs provide for local workforce training and employment. CEA encourages fair compensation in direct hiring, renewable development projects, energy efficiency programs and in procurement of CEA services and supplies. CEA also encourages use of State of California approved apprenticeship and pre-apprenticeship training programs in construction craft occupations to foster long-term, fairly compensated employment opportunities for program graduates. Where appropriate, without limiting fair and open competition, CEA will pursue strive to accomplish the following objectives: 1. Support for and direct use of local businesses; 2. Support for and direct use of green and sustainable businesses; 3. Encourage the use of skilled and trained workers who receive fair compensation; 4. Encourage the use of State of California approved apprenticeship programs, and preapprenticeship programs within CEA's service territory. CEA Power Purchase Agreements with Third Parties CEA will encourage invite the submission of information from respondents to any bidding and/or RFP/RFQ process regarding planned efforts by project developers and their contractors to achieve the following goals: • Employ workers and use businesses from the San Diego county area. • Employ properly licensed (e.g., A, B, C10, C7, C46) contractors and California Certified electricians. • Utilize local apprentices, particularly graduates of San Diego County pre- apprenticeship programs. • Pay workers prevailing wage for each craft, classification and type of work performed. - Display a poster at jobsites informing workers of prevailing wage requirements. • Provide workers compensation coverage to on-site workers. • Support and use State of California approved apprenticeship programs. Relevant information submitted by proposers will be used to evaluate potential impact on local jobs and workforce of the planned project. 3 Item 5 Attachment B Page 6 of 13 CEA Inclusive and Sustainable Workforce Policy Redline showing IBEW 569's Proposed Changes to July 23, 2020 Staff Draft CEA Owned Generation Projects CEA owned generation projects shall make use of project labor agreements that include the taxpayer protection provisions of Public Contract Code Section 2500 to ensure fair and open competition and that include provisions to create local jobs for journey-level workers and apprentices project is encouraged to use local labor and apprenticeship programs and follow fair compensation practices including and to ensure proper assignment of work to crafts that traditionally perform the work. Contractors and subcontractors shall be required to pay at least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and shall be required to use encouraged to use-a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. CEA Feed-In Tariff Projects CEA will,use best efforts to ensure that encourage construction contractors or subcontractors performing work on any CEA Feed-In Tariff project utilize local businesses and local apprenticeship programs, and fair compensation practices including proper assignment of work to crafts that traditionally perform the work. CEA will require, as a condition of eligibility, that encourages ccontractors and subcontractors performing work on any CEA Feed-In-Tariff project mustt-e- pay at least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and encouraged to use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. CEA Energy Efficiency Projects CEA will require, as a condition of eligibility for CEA funding or financing of energy efficiency projects, that contractors and subcontractors performing work on the project must pay at least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. CEA will use best efforts strive to support local businesses and apprenticeship programs, in the implementation of its energy efficiency programs. CEA wilLuse best efforts to ensure that 4 Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Item 5 Attachment B Page 7 of 13 CEA Inclusive and Sustainable Workforce Policy Redline showing IBEW 569's Proposed Changes to July 23, 2020 Staff Draft encourage construction contractors or subcontractors performing work on any CEA energy efficiency program utilize local businesses and local apprenticeship programs and make fair compensation practices including proper assignments of work to crafts that traditionally perform the work. Union Neutrality Pledge CEA will remain neutral regarding whether its employees choose to join or support labor unions and will not interfere with decisions by its contractors' and suppliers' employees about whether to join or support labor unions. 5 Item 5 Attachment B Page 8 of 13 Attachment B: Clean Version !tern 5 Attachment B Page 9 of 13 CEA Inclusive and Sustainable Workforce Policy IBEW 569's Proposed Changes to July 23, 2020 Staff Draft INCLUSIVE & SUSTAINABLE WORKFORCE POLICY The Clean Energy Alliance (CEA) Board of Directors desires to establish a policy that supports local jobs, sustainable and inclusive workforce opportunities, local economic sustainability, and diversity through contracting for power sources, procuring goods and services, and implementing hiring initiatives where appropriate, without limiting fair and open competition for projects or programs implemented by CEA. CEA Staff CEA relies on its employees to provide clean, cost-effective, alternative energy to its customers. These customers live in diverse communities and an inclusive workforce of staff who reflect and are invested in these communities allows CEA to serve them more effectively. An inclusive staff also provides good jobs for people from diverse communities. To help maintain and strengthen CEA's inclusive staff, CEA will: 1. Engage in broad outreach efforts in diverse communities, including disadvantaged and low-income communities, to ensure a diverse pool of candidates for open positions; 2. Provide fair compensation that aligns with regional market indicators for compensation levels for each position; 3. Be transparent about these practices and lessons learned; and 4. Provide contact information for staff who can answer questions about this policy. Supply Chain CEA also commits to inclusion in its supply chain. Where and from whom CEA purchases good and services have important consequences for businesses, customers, and their communities. Where appropriate, an inclusive supply chain is an important driver for successful delivery of CEA's services to its customers, and of fair and equitable economic development generally. Where appropriate, and without limiting fair and open competition, to support an inclusive supply chain, CEA will: 1. Use local businesses and provide fair compensation in the purchase of services and supplies; 2. Proactively seek services from local businesses that are taking steps to protect the environment; 3. Engage in efforts to reach diverse communities to ensure an inclusive pool of potential suppliers; 4. Collect information from suppliers and contractors on the inclusivity of their workforce; 5. Include questions about supplier inclusivity in requests for proposals (RFPs) for services; 1 Item 5 Attachment B Page 10 of 13 CEA Inclusive and Sustainable Workforce Policy IBEW 569's Proposed Changes to July 23, 2020 Staff Draft 6. Encourage reporting from developers and vendors on inclusivity in business ownership and staff; 7. Be transparent about these practices and lessons learned; and 8. Provide contact information for staff who can answer questions about this policy. Inclusive Business Practices To fulfill its goals of providing a range of energy product and programs, available to all CEA communities and customers, that best serve their needs and their local communities, and support local sustainability efforts, CEA will: 1. Provide information in the multiple languages commonly spoken in CEA's service area (including mailers, tabling materials, customer service, call center, workshops and outreach events, advertisements, and other means of customer engagement); 2. Conduct marketing and outreach in diverse communities to increase awareness of CEA's services and programs; 3. Attend multi-cultural community events with multi-lingual materials and speakers; 4. Share information about activities and initiatives that promote inclusion, access, and diverse engagement in the community. Non-Discrimination Pledge CEA will not discriminate, and will require in its contracts with suppliers that they will not discriminate, on the basis of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information. Sustainable Workforce Support of local businesses, fair compensation, apprenticeship and pre-apprenticeship programs that create employment opportunities, without limiting fair and open competition, are important components of building and sustaining healthy and sustainable communities. It is in the interest of CEA to provide fair compensation and sustainable workforce opportunities, within a framework of fair and open competition and the promotion of renewable energy, energy efficiency and greenhouse gas reduction. CEA recognizes the importance of locally-generated renewable energy (local is defined as within the San Diego County region) in assuring that California is provided with (1) adequate supplies of renewable energy for economic growth, (2) sustained local job opportunities and job creation, and (3) effective means to reduce the impacts of greenhouse gas emissions. CEA 2 Item 5 Attachment B Page 11 of 13 CEA Inclusive and Sustainable Workforce Policy IBEW 569's Proposed Changes to July 23, 2020 Staff Draft also recognizes the opportunities that energy efficiency programs provide for local workforce training and employment. CEA encourages fair compensation in direct hiring, renewable development projects, energy efficiency programs and in procurement of CEA services and supplies. CEA also encourages use of State of California approved apprenticeship and pre-apprenticeship training programs in construction craft occupations to foster long-term, fairly compensated employment opportunities for program graduates. Where appropriate, without limiting fair and open competition, CEA will pursue the following objectives: 1. Support for and direct use of local businesses; 2. Support for and direct use of green and sustainable businesses; 3. Encourage the use of skilled and trained workers who receive fair compensation; 4. Encourage the use of State of California approved apprenticeship programs, and preapprenticeship programs within CEA's service territory. CEA Power Purchase Agreements with Third Parties CEA will invite the submission of information from respondents to any bidding and/or RFP/RFQ process regarding planned efforts by project developers and their contractors to achieve the following goals: • Employ workers and use businesses from the San Diego county area. • Employ properly licensed (e.g., A, B, C10, C7, C46) contractors and California Certified electricians. • Utilize local apprentices, particularly graduates of San Diego County pre- apprenticeship programs. • Pay workers prevailing wage for each craft, classification and type of work performed. • Provide workers compensation coverage to on-site workers. • Support and use State of California approved apprenticeship programs. Relevant information submitted by proposers will be used to evaluate potential impact on local jobs and workforce of the planned project. 3 Item 5 Attachment B Page 12 of 13 CEA Inclusive and Sustainable Workforce Policy IBEW 569's Proposed Changes to July 23, 2020 Staff Draft CEA Owned Generation Projects CEA owned generation projects shall make use of project labor agreements that include the taxpayer protection provisions of Public Contract Code Section 2500 to ensure fair and open competition and that include provisions to create local jobs for journey-level workers and apprentices and to ensure proper assignment of work to crafts that traditionally perform the work. Contractors and subcontractors shall be required to pay at least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and shall be required to use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. CEA Feed-In Tariff Projects CEA will use best efforts to ensure that construction contractors or subcontractors performing work on any CEA Feed-In Tariff project utilize local businesses and local apprenticeship programs, and fair compensation practices including proper assignment of work to crafts that traditionally perform the work. CEA will require, as a condition of eligibility, that contractors and subcontractors performing work on any CEA Feed-In-Tariff project must pay at least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. CEA Energy Efficiency Projects CEA will require, as a condition of eligibility for CEA funding or financing of energy efficiency projects, that contractors and subcontractors performing work on the project must pay at least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. CEA will use best efforts to support local businesses and apprenticeship programs, in the implementation of its energy efficiency programs. CEA will use best efforts to ensure that construction contractors or subcontractors performing work on any CEA energy efficiency program utilize local businesses and local apprenticeship programs and make proper assignments of work to crafts that traditionally perform the work. Union Neutrality Pledge CEA will remain neutral regarding whether its employees choose to join or support labor unions and will not interfere with decisions by its contractors' and suppliers' employees about whether to join or support labor unions. 4 Item 5 Attachment B Page 13 of 13 Clean Energy Alliance JOINT POWERS AUTHORITY Board Memorandum Aug. 20, 2020 To: Honorable Chair and Board Members of the Clean Energy Alliance Re: Additional Materials Related to Staff Report Item No. 5 — Inclusive Sustainable Workforce Policy This Additional Materials memorandum provides Board Member Schumacher's suggested edits regarding the proposed Inclusive & Sustainable Workforce Policy for the Board's consideration. Attachment: Inclusive & Sustainable Workforce Policy as edited by Board Member Schumacher (Draft 1) Clean Energy Alliance City of Carlsbad City of Del Mar City of Solana Beach (Schumacher DRAFT) 1 INCLUSIVE Et SUSTAINABLE WORKFORCE POLICY The Clean Energy Alliance (CEA) Board of Directors desires to establish a policy that supports local jobs, sustainable and inclusive workforce opportunities, local economic sustainability, and diversity through contracting for power sources, procuring goods and services, and implementing hiring initiatives where appropriate, without limiting fair and open competition for projects or programs implemented by CEA. CEA Staff CEA relies on its employees to provide clean, cost-effective, alternative energy to its cus- tomers. These customers live in diverse communities and an inclusive workforce of staff who reflect and are invested in these communities allows CEA to serve them more effectively. An inclusive staff also provides good jobs for people from diverse communities. To help maintain and strengthen CEA's inclusive staff, CEA will strive to:1 1. Engage in broad outreach efforts in diverse communities, including disadvantaged and low-income communities, to ensure a diverse pool of candidates for open positions; 2. Provide fair compensation that aligns with regional market indicators for compensation levels for each position; 3. Be transparent about these practices and lessons learned; and 4. Provide contact information for staff who can answer questions about this policy. Supply Chain CEA also strives2 for inclusion and transparency in its supply chain. Where and from whom CEA purchases goods and services have important consequences for businesses, customers, and their communities. Where appropriate, an inclusive and transparent supply chain is an impor- tant driver for successful delivery of CEA's services to its customers, and of fair and equitable economic development generally. Where appropriate, and without limiting fair and open competition,3 to support an inclusive and transparent supply chain, CEA will strive to: 1 (Point of agreement?) I am making the assumption that Board Members and other agencies won't find this problematic and will support an inclusive and diverse staff.cs 2 Kept staff recommendation.cs 3 Same as staff report. Uses recital 6(f)s language specifically. This section ensures local, transparent supply chains... WHERE APPROPRIATE (Board and staff determine the 'appropriateness' on a case-by-case basis using evaluation criteria and deliberation that is context dependent. This preserves the flexibility of eco- nomic needs at the outset of the JPA).cs (Schumacher DRAFT) 2 1. Use local businesses and provide fair compensation in the purchase of services and supplies; 2. Proactively seek services from local businesses that are taking steps to protect the environment; 3. Engage in efforts to reach diverse communities to ensure an inclusive pool of potential suppliers; 4. Collect information from suppliers and contractors on the inclusivity of their workforce; 5. Include questions about supplier inclusivity in requests for proposals (RFPs) for services; 6. Encourage reporting from developers and vendors on inclusivity in business ownership and staff; 7. Be transparent about these practices and lessons learned; and 8. Provide contact information for staff who can answer questions about this policy. Inclusive Business Practices To fulfill its goals of providing a range of energy product and programs, available to all CEA communities and customers, that best serve their needs and their local communities, and support local sustainability efforts, CEA will strive to: 1. Provide information in the multiple languages commonly spoken in CEA's service area (including mailers, tabling materials, customer service, call center, workshops and outreach events, advertisements, and other means of customer engagement); 2. Conduct marketing and outreach in diverse communities with multi-lingual materials and/ or speakers, including attending multi-cultural community events as appropriate, to increase awareness of CEA's services and programs; 3. Attcnd multi cultural community events with multi lingual materials and speakers; 4. Share information about activities and initiatives that promote inclusion, access, and diverse engagement in the community. Non-Discrimination Pledge' CEA will not discriminate, and will strive to work require in its contracts with suppliers that d-e they will not discriminate, on the basis of race, color, national origin, ancestry, age, dis- ability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information. Sustainable Workforce Support of local businesses, fair compensation, apprenticeship and pre-apprenticeship 4 Staff recommendations retained for this section. cs (Schumacher DRAFT) 3 programs that create employment opportunities, without limiting fair and open competition, are important components of building and sustaining healthy and sustainable communities. It is in the interest of CEA to provide fair compensation and sustainable workforce opportuni- ties, within a framework of fair and open competition and the promotion of renewable ener- gy, energy efficiency and greenhouse gas reduction. CEA recognizes the importance of locally-generated renewable energy (local is defined as within the San Diego County region) in assuring that California is provided with (1) adequate supplies of renewable energy for economic growth, (2) sustained local job opportunities and job creation, and (3) effective means to reduce the impacts of greenhouse gas emissions. CEA also recognizes the opportunities that energy efficiency programs provide for local workforce training and employment. CEA encourages fair compensation in direct hiring, renewable development projects, energy efficiency programs and in procurement of CEA services and supplies. CEA also encourages use of State of California approved apprenticeship and pre-apprenticeship training programs in construction craft occupations to foster long-term, fairly compensated employment opportunities for program graduates. Where appropriate, without limiting fair and open competition,5 CEA will pursue strive to ac complish the following objectives: 1. Support for and direct use of local businesses; 2. Support for and direct use of green and sustainable businesses; 3. Encourage6 the use of skilled and trained workers who receive fair compensation; 4. Encourage the use of State of California approved apprenticeship programs, and pre-ap- prenticeship programs within CEA's service territory. CEA Power Purchase Agreements with Third Parties CEA will encourage the submission of information from respondents to any bidding and/or RFP/RFQ process regarding planned efforts by project developers and their contractors to achieve the following goals: • Employ workers and use businesses from the San Diego county area. • Employ properly licensed (A, B, C10, C7, C46) contractors and California Certified electricians. • Utilize local apprentices, particularly graduates of San Diego County pre-apprenticeship programs. • Pay workers prevailing wage for each craft, classification and type of work performed. • Display a poster at jobsitcs informing workers of prevailing wage requirements!' • Provide workers compensation coverage to on-site workers. 5 Per recital 6(f) and staff recommendation. cs 6 Please note this language. "Encouraging" is not a mandate. "Pursuing" an objective that "Encourages" the use of skilled and trained workers is explicitly in alignment with 6(f) per staff recommendation. cs 7 Staff recommendation. cs 8 Redundant. It's the law. cs (Schumacher DRAFT) 4 • Support and use State of California approved apprenticeship programs. Relevant information submitted by proposers will be used to evaluate potential impact on lo- cal jobs and workforce of the planned project. CEA Owned Generation Projects' CEA owned generation projects in excess of 500 KW shall make use of project labor agree- ments that include provisions to create local jobs for journey-level workers and apprentices, while ensuring fair and open competition as provided in the taxpayer protection provisions of Public Contract Code Section 2500 and Each construction contractor or subcontractor per forming work on any CEA owned project is encouraged to usc local labor and apprenticeship programs and follow fair compensation practices including include the proper assignment of work to crafts that traditionally perform the work. CEA shall consider the use of such project labor agreement for projects of 500 KW or less. Contractors and subcontractors shall be re- quired to pay at least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code. CEA owned generations projects shall also be required encouraged to use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Cali- fornia Public Contract Code. CEA Feed-In Tariff Projects CEA will use best efforts to ensure that encourage construction contractors or subcontractors performing work on any CEA Feed-In Tariff project utilize local businesses and local appren- ticeship programs, and fair compensation practices including proper assignment of work to crafts that traditionally perform the work. CEA encourages Contractors and subcontractors performing work on any CEA Feed-In-Tariff project te shall be required to pay at Least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and CEA Feed-In-Tariff projects in excess of 500 KW shall encouraged to use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Di- vision 2 of the California Public Contract Code. CEA shall consider the use of skilled and trained workforce for Feed-In-Tariff projects of 500 KW or less. CEA Energy Efficiency Projects CEA will use best efforts strive to support local businesses and apprenticeship programs, in the implementation of its energy efficiency programs. CEA will use best efforts to ensure that encourage construction contractors or subcontractors performing work on any CEA energy ef- ficiency program utilize local businesses and local' apprenticeship programs, and fair corn pcnsation practiccs44 including proper assignment of work to crafts that traditionally perform the work. 9 Thresholds for the required use of PLAs and a skilled and trained workforce could be added here. These thresholds could be size and/or cost dependent. cs 10 Same language used by staff in the section above. Added for consistency. cs 11 "Fair compensation practices" is redundant given the commitment to prevailing rate of wages in the next paragraph. cs (Schumacher DRAFT) 5 CEA will require, as a condition of eligibility for CEA funding or financing of energy efficiency projects, that contractors and subcontractors performing work on the project must pay at least the prevailing rate of wages, as defined in Article 2 (commencing with Section 1770) of Chapter 1 of Part 7 of Division 2 of the California Labor Code and projects shall' use a skilled and trained workforce, as defined in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the California Public Contract Code. Union Neutrality Pledge CEA will remain neutral regarding whether its employees choose to join or support labor unions and will not interfere with decisions by its contractors' and suppliers' employees about whether to join or support labor unions. 12 Board should deliberate. cs Received: Item #5 for Aug. 20, 2020 A0111%.0111Mi.. Regular Meeting CARLSBAD CHAMBER OF COMMERCE August 19, 2020 Community Energy Alliance Board RE: Inclusive Sustainable Workforce Policy Dear Board Members, On behalf of the Carlsbad Chamber of Commerce and our 1,100 members, I am writing in response to discussions that have been held on the July 16, 2020 and July 23, 2020 meetings regarding the Inclusive Sustainable Workforce Policy. In both of this meeting Board Member Schumacher brought up the possibility of including Project Labor Agreements into the Inclusive Workforce Policy. The Carlsbad Chamber of Commerce opposes including PLA's in this policy. A project labor agreement has the practical effect, if not the stated purpose, of eliminating competition from contracts. While we appreciate comments and claims that state that the purpose is to provide contractors with a reliable and uninterrupted supply of qualified workers at predictable costs, the net effect is that the agreements put specific terms with constraints as to who can apply. And merit shop contractors are not permitted to participate in crafting and negotiating PLAs with labor unions and owners. Yet, if contractors want to win contracts on a PLA job, they must sign a letter of assent, which is a promise to follow the terms and conditions of a PLA. We believe strongly in open competition and free market. All contractors should be able to bid on RFP's, whether they are unionized labor shops or not. Requiring unionized labor and/or unionized labor rules in projects will exclude certain qualified companies from ever bidding and will drive the cost of projects higher. We agree with staff's recommended "Union Neutrality Pledge" and ask that you approve this language in the Draft Inclusive Sustainable Workforce Policy. We oppose adding any language for Project Labor Agreements. Sincerely, Bret Schanzenbach President and CEO 5934 Priestly Drive I Carlsbad, CA 92008 I 760.931.84001 I 760.931.9153 F www.carlsbad.org From: Bret Schanzenbach To: secretarythecleanenerovalliance.orq Subject: August 20, 2020 Committee Meeting - Item #5 Date: Wednesday, August 19, 2020 3:03:29 PM Attachments: image001.Dnq Letter of Opposition PLA"s.pclf Please submit our letter to the CEA Board for the August 20 Committee Meeting — Item #5. And please advise how someone can make public comment at the meeting. Sincerely, Bret J. Schanzenbach President & CEO 1 Carlsbad Chamber of Commerce Ell Carlsbad Chamber of Commerce Restricted or Confidential. This message may contain confidential and/or privileged information. If you are not the addressee or authorized to receive this for the addressee, you must not use, copy, disclose, or take any action based on this message or any information herein. If you have received this message in error, please advise the sender immediately by reply e-mail and delete this message. Thank you for your cooperation. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: Eric Fehrs To: secretarylathecleanenerayalliance.orq Subject: Remarks to the Clean Energy Alliance Date: Wednesday, August 19, 2020 10:02:01 PM My name is Eric Fehrs and I am a resident and taxpayer of Carlsbad. I spoke earlier this week at the Carlsbad City Council, and I would like to reiterate my points stated therein: Thank you for all of the work getting the Clean Energy Alliance off the ground. A local CCE that delivers 100% renewable energy, local clean energy programs and good, local jobs is a win-win for the community and our climate. This includes a strong Inclusive and Sustainable Workforce Policy and is particularly important as we look to a post-CO VID recovery. Thank you to Councilmember Schumacher for championing a strong policy like this at CEA. I support CEA moving forward on a strong Inclusive and Sustainable Workforce policy. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: Mary Hassinq To: secretary(athecleanenerqyalliance.ora Subject: Comment for item #5 on today's agenda. Please read into the record at the meeting. Date: Thursday, August 20, 2020 7:56:23 AM Regarding the Inclusive and Sustainable Workforce Policy review, please read this into the record at the meeting: There was discussion at a recent CEA meeting about not adopting strong hiring and pay language until more cities join. One suggestion was to grow the CEA first and THEN change to more inclusive language, including fair and prevailing wages. I disagree. I urge the Board to adopt strong language now to ensure unifotni wages, benefits, overtime pay, hours, working conditions and work rules. It will potentially be more difficult later to strengthen language already adopted. Agreeing on strong language now will ensure good, clean, middle- class jobs and a stable workforce. Mary Hassing Carlsbad Sent from my iPad CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Mia De Marzo Subject: FW: General Comments for August 20 CEA Meeting From: Tony Bona <tonybonafide@gmail.com> Sent: Thursday, August 20, 2020 9:47 AM To: secretary@thecleanenergyalliance.org Subject: General Comments for August 20 CEA Meeting PLEASE READ ALOUD in the August 20, 2020 CEA Meeting My name is Anthony Bona. I am a resident of Carlsbad To be entirely transparent, I am also a political commentator on a YouTube Channel under the brand name Regular Guy in Carlsbad. Ms Becker and Ms Haviland, the city of Carlsbad had a council meeting on August, 18, 2020. In that meeting, several citizens expressed concerned over the PLA in regards to IBEW 569. Two individuals asked for investigations into Cori Schumacher and her receipt of over 10,500 from IBEW in February of 2020. I myself have called for Ms Schumacher to step down from her council seat. Many of us believe Ms Schumacher has a conflict of interest in her seat at the CEA and would like to request she be replaced with Mayor Hall. I have reviewed the last CEA meeting's video multiple times. I concur with Ellie Haviland from Del Mar saying the more she digs in the more questions she has. My Questions/comments: Vendor Selection I am familiar with government contracts where it is usually the lowest bid that wins in order to save money. Question 1 — How was IBEW 569 chosen as the vendor for the PLA in the CCA/CEA/JPA agreement? Was this a competitive bid? Why wasn't a company LOCAL to North County chosen? IBEW 569 is based in San Diego — NOT NC Business Model In the video Kristi Becker from Solana Beach tried to tell council member Schumacher that the heavy-handed language to include IBEW 569 in the CEA agreement, would alienate 10 other cities in the NC corridor who would not agree to such a labor agreement with the IBEW 569. It was Kristi Becker of Solana Beach who told council member Schumacher that the success of the CEA would be sabotaged by the inclusive IBEW 569 labor language. Council member Schumacher persisted on IBEW 569 — WHY? Why the insistence of IBEW 569? Ms Becker — I totally agree with you! Thank you for your time. Anthony Bona — Youtube RegularGuyinCarlsbad ICAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Mia De Marzo Subject: FW: Today's meeting comments From: Eric Fehrs < Sent: Thursday, August 20, 2020 11:16 AM To: secretary@thecleanenergyalliance.org Subject: Today's meeting comments Received: Item 5 for Aug.20, 2020 Regular Meeting Please read this email during public discussion under Agenda Item 5: Clean Energy Alliance Inclusive & Sustainable Workforce Policy My name is Eric Fehrs and I am a resident and taxpayer of Carlsbad. I spoke earlier this week at the Carlsbad City Council, and I would like to reiterate my points to Thank you for all of the work getting the Clean Energy Alliance off the ground. A local CCE that delivers 100% renewable energy, local clean energy programs and good, local jobs is a win-win for the community and our climate. This includes a strong Inclusive and Sustainable Workforce Policy and is particularly important as we look to a post- COVID recovery. Thank you to Councilmember Schumacher for championing a strong policy like this at CEA. I support CEA moving forward on a strong Inclusive and Sustainable Workforce policy. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Mia De Marzo Subject: FW: Lack of transparency From: Lawrence Posner < Subject: Lack of transparency Date: August 20, 2020 at 12:46:44 PM PDT To: secretarythecleanenergyalliance.ord Cc: ceothecleanenergyalliance.orq, Matt Hall <matthallformayor@gmail.com>, Keith.Blackburncarlsbadca.qov, Priya Bhat-Patel <priya.bhat-patelcarlsbadca.dov>, Con Schumacher Carlsbad City Council <coricorischumacher.com> Dear Sheila: Please read this email out loud and place it into the record. Dear Council members and Staff. As a resident of Carlsbad I have major concerns on how your board appears as a non functional board. After watching your last meeting is was shocked, agenda #5, I say SHOCKED and appalled at Con's lack of transparency regarding her strong desire to change the agreed to language of the Sustainable Workforce Policy without disclosing that, Ms Schumacher received a substantial donation from said union of over $10,000.00. The optics of this lack of transparency on Ms Schumacher part stinks to hi heaven, to put it mildly. The video of this board discussion was shown, to the entire Carlsbad City council last Tuesday night and Mayor Matt Hall commented that this new languages was not the agreed to by and would be rejected by other potential partners of new Clean Energy Alliance. CEA Board-member Kristi Becker also had a very strong point that by adopting the new revision submitted by the International Brotherhood of Electrical Workers Local 569 of San Diego and she indicated that by adopting this language it would, indeed, severely limit potential partners from participating. Also I have urged the Carlsbad City council to reject co-signing, or guarantying or loaning funds to the CCA. Right now is not the time to start up a new entity with no funds and no credit, in todays time of economic uncertainly. I there for urge the board to do the following 1-Stop all forward movement of the CCA until the economy is back and functioning 2-Remove Ms. Schumacher and replace her with the alternate ASAP. Thank you for your consideration of the above... -Larry Posner CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Mia De Marzo From: Noel Kevin Breen < Sent: Thursday, August 20, 2020 1:08 PM To: secretary@thecleanenergyalliance.org Subject: CEA As an observer of the last meeting (July 23rd) of this Body, and noting the action taken by Carlsbad's City Council on July 28th, I am increasingly convinced that the CEA should merge with the already extant Joint Powers authority led by the City of San Diego. Though I'm a lifelong proponent of unions, I do believe that Councilwoman Schumacher's move to make the CEA a closed union shop at this juncture is not conducive to the future of this JPA, and as there is already an alliance in the County that does have a membership base that is larger, the interests of the three communities involved with the Clean Energy Alliance will be better served by this step. In a time of great economic dislocations due to the ongoing pandemic, it seems the only logical alternative. Please feel free to read or publish my comments. Sincerely Noel Breen CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Mia De Marzo Subject: FW: Meeting Item No, 5 Public Comments Secretary PLEASE READ From: Lollie McIntire < Subject: Meeting Item No, 5 Public Comments Secretary PLEASE READ Date: August 20, 2020 at 1:17:58 PM PDT To: ceothecleanenerqyalliance.orq PLEASE READ AT MEETING To the board of the CEA/JPT: I am writing to you as a member of, and worker in the community of Carlsbad. I am a native of Encinitas and have lived in this area all my life. I have been here long enough to remember when Encinitas had just one stoplight (in the whole town!), and I occasionally still call Carlsbad Village Drive, Elm Avenue. I have watched this area grow significantly and, in the process, especially in the coastal communities, become a very affluent place. The Clean Energy Alliance is a great step in our continuing growth, but for me, in building an organization that best supports the community, it is imperative that we also provide top quality jobs to local people. The workforce standards that have been suggested by the IBEW 569 are put forth not to try and create any type of monopoly on future labor contracts, but because who knows the needs of workers better than a worker's union? The suggested standards have been developed over many years and many contracts, resulting in language that is very effective to meet the needs of the labor force. Most people are aware of climate change and support the idea of clean energy. For this reason, when adopting standards for how the CEA will operate, I find it questionable that anyone would worry about this group not having the ability to attract other cities to something that is so positive for our ever-increasing energy needs. I don't understand why people balk at setting good workforce policies from the beginning, or think that doing so will somehow hinder the group in any way. It has been my experience that when you support workers, you get the best people for the jobs, and therefore better-quality work. There will always be "bean counters" who will try and undercut the workers, and that is why strong standards are necessary from the outset in order to build a quality organization. Some people will argue that they want to "wait and see" how things develop, or what is feasible, but my question is why? You are creating something progressive, so why not be progressive and set the course now? You are shaping the future by developing something new and better so now is the time to do it correctly. We need jobs that provide security, and wages that allow people to live where they work, and not have to commute an hour or more to their jobs. We need jobs that provide good healthcare and training so that the best workers stay with the job. I know this from personal experience; I have worked at the Omni La Costa Resort for twenty-seven years, and the Del Mar Thoroughbred Club for thirty-eight years, and I am very grateful to have these two, good union jobs. I encourage the CEPOPT board to do the right thing for our workers and our community. Sincerely, Linda (Lollie) Mcintire Union Worker and Carlsbad Resident CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Mia De Marzo Subject: FW: Comment on Item #5 of today's agenda. Please read into record. From: Barbara Diamond <diamondbarb@gmail.com> Sent: Thursday, August 20, 2020 1:36 PM To: secretary@thecleanenergyalliance.org Subject: Comment on Item #5 of today's agenda. Please read into record. Secretary: I urge the board to first develop a policy for fair employment practices guaranteeing a fair, prevailing wage. Then, other cities, if they choose to join, will be aware of the policy and therefore will not be in a position to object to established employment policy later on. Also, by delaying the policy for the purpose of attracting other cities could be viewed as disingenuous and could create mistrust in the newly joining cities and could lead to withdrawal or at least misgivings. Barbara Diamond Carlsbad -Barbara Diamond' CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1