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March 3, 2020 — Primary Election
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Local

City of Chula Vista
Measure E Ordinance - Majority Approval Required

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Election Results

Passing

37,462 votes yes (67.6%)

17,990 votes no (32.4%)

Shall the measure to preserve the City's ability to receive state infrastructure funding for public works projects by giving the City discretion to allow the use of project labor agreements for City public works, in a manner consistent with state laws and best practices, including provisions for taxpayer protections, transparency, and accountability in the contracting process, by repealing and replacing Chapter 2.59 of the Chula Vista Municipal Code, be adopted?

What is this proposal?

Measure Details — Official information about this measure

Impartial analysis / Proposal

Source: Chula Vista City Clerk

CITY ATTORNEY IMPARTIAL ANALYSIS

Summary

If approved by voters, Measure E would repeal Chapter 2.59 of the Chula Vista Municipal Code. Chapter 2.59 generally prohibits the City from entering into or funding contracts for public works that require one or more provisions commonly associated with "project labor agreements" ("PLAs"). Repealing Chapter 2.59 would eliminate possible inconsistencies between City laws, and state laws that generally operate to disqualify cities with anti-PLA laws from receiving state funding for local infrastructure projects. Measure E would require City Council consideration of policies to replace Chapter 2.59 with policies allowing the City to use PLAs for City public works in a manner consistent with state laws and City-established "best practices." Measure E was placed on the ballot by the Chula Vista City Council.

Existing City Laws Regarding PLAs

Chapter 2.59 was approved by Chula Vista voters in 2010. It generally prohibits the City from entering into or funding contracts for public works that require any party to: (1) be governed by an agreement with a labor organization; (2) sign a collective bargaining agreement; (3) make payments for employees to union benefit plans; (4) require employee representation by a labor organization; or (5) encourage or discourage employee representation by a labor organization.

The contractual provisions prohibited by Chapter 2.59 are commonly associated with PLAs. PLAs are, essentially, pre-hire agreements between construction contractors and labor organizations containing the terms and conditions of employment for construction projects. In exchange for negotiated benefits, involved labor organizations typically agree not to disrupt or delay project completion.

State Laws Regarding PLAs

State laws SB 922, enacted in 2011, and SB 829, enacted in 2012, [(collectively, the " State PLA Laws," (California Public Contract Code Sections 2500 through 2503)] govern the use of PLAs on public works throughout California. The State PLA Law, generally: (1) authorizes cities to enter into PLAs for public works, so long as such agreements specify certain taxpayer protections; and 2) disqualifies cities which prohibit or limit the ability to use PLAs on city public works from receiving state funding for city infrastructure projects. Because Chapter 2:59 generally prohibits the City's use of PLAs for public works, the application of the State PLA Law in Chula Vista potentially jeopardizes the City's ability to receive state funding for local infrastructure.

Effect of Repeal

The City has taken the position that certain provisions of Chapter 2. 59 allow the City to remain in "good standing" under the State PLA Law. Legal ambiguities remain, however. Measure E's repeal of Chapter 2. 59 would remove such ambiguities and assure that the City would continue to qualify for state funding for infrastructure projects consistent with the requirements of the State PLA Law. 

Proposed Replacement Provisions

Measure E would require the City Council to, within 180 days, consider and act upon policies and procedures that would allow the City to use PLAs for public works. The policies must include all the taxpayer protection provisions contained in the State PLA Law, be consistent with state law, and contain provisions for transparency, accountability, and "best practices." Until such policies and procedures are adopted, the City must comply with the State PLA Law. 

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

ARGUMENT IN FAVOR OF MEASURE E

Vote YES on E

"YES on E preserves the state infrastructure funding Chula Vista needs to fix roads, reduce traffic and keep our communities safe."
-Darrell Roberts, President, Chula Vista Firefighters Association

YES on E: Protects Chula Vista from Losing Millions in State Funding
New state laws make it necessary for Chula Vista to update city contracting policies or risk losing millions. Measure E makes the changes required by state law so we don't leave a single dollar on the table.

YES on E: Delivers Our Fair Share For Road Repairs And Neighborhood Infrastructure
Every year, Chula Vista receives over $11 million in state funds to rebuild local infrastructure. Measure E preserves that critical funding to fix streets, upgrade parks and rec centers, improve road safety and reduce traffic.

YES on E: Strengthens Taxpayer Protections
Measure E allows for tougher fiscal oversight - increased transparency and stricter taxpayer accountability safeguards - so our tax dollars are spent as intended. No backroom deals.

YES on E: Trusted Chula Vista Leaders All Agree
Chula Vista Firefighters, Teachers, Police Officers, Mayor Mary Casillas Salas, Former Mayors Steve Padilla and Tim Nader, and the Middle Clas Taxpayers Association agree: Vote YES on Measure E!

"YES on E delivers critical transportation improvements for Chula Vista, while defending taxpayers from losing millions. Vote YES!:
-Scott Barnett, California Taxpayers Advocate

/signed/

DARRELL ROBERTS
President
Chula Vista Firefighters Association

EDUARDO REYES
Teacher/Principal
Trustee, Chula Vista Board of Education

PAT ZAHROPOULOLIS
CEO
Middle Class Taypayers Association

DAVID OYOS
President
Chula Vista Police Officers Association

MARY CASILLAS SALAS
Mayor of Chula Vista
Submitted on Behalf of the City Council

— Source: Chula Vista City Clerk's Office

Arguments AGAINST

ARGUMENT AGAINST MEASURE E

No argument against the measure was filed in the office of the City Clerk.

— Source: Chula Vista City Clerk's Office

Read the proposed legislation

More information

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Who supports or opposes this measure?

Yes on Measure E

Organizations (1)

Elected & Appointed Officials (0)
No on Measure E

Organizations (1)

Elected & Appointed Officials (0)

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