REPORT TO THE CITY COUNCIL
September 25, 2014
FROM: BRUCE RUDD, City Manager
City Manager's Office
SUBJECT
Title
*BILL NO. B-38 - (Intro. August 28, 2014) (For adoption) - Repealing Section 4-111 of the Fresno Municipal Code and adding Section 4-111 to the Fresno Municipal Code relating to Project Labor Agreements
Body
RECOMMENDATION
Staff recommends that City Council approve the ordinance repealing and replacing Section 4-111 of the Fresno Municipal Code (FMC) relating to Project Labor Agreements. The recommended action will allow the City to remain eligible to receive state grant and loan funding and other financial assistance for public utilities and public works capital projects after December 31, 2014.
EXECUTIVE SUMMARY
The proposed ordinance repeals FMC Section 4-111 prohibiting project labor agreements, and replaces it with a revised FMC section 4-111 allowing City Council, by majority vote to use, enter into or require contractors to enter into a project labor agreement for construction projects on a project specific basis. The ordinance is intended to comply with state law so that the City will remain eligible for state grant and loan funding and other financial assistance for public utilities, public works, or public transportation related capital projects after December 31, 2014.
BACKGROUND
In March 2000, the City Council adopted FMC Section 4-111 (formerly 3-109.2) prohibiting the City from requiring a project labor agreement for any City public works project. California Senate Bills 922 and 829 ("Senate Bills") were signed into law in 2011 and 2012, adding sections 2500-2503 to the Public Contract Code. Sections 2502 and 2503 require charter cities to allow governing boards to have the discretion to consider the use of project labor agreements on a project by project basis. Further, charter cities may not have a charter provision, ordinance or initiative that prohibits, limits or constrains their governin...
Click here for full text