YesA

YesA June 3, 2012 @ 1:34 p.m.

For the record, on May 14, 2002, Councilmember Donna Frye voted to adopt SDMC §22.3002 to exempt the City from state control of the City's public contracting process. This exemption is permitted under the California Constitution and the California Public Contract Code (CPCC §1100.7).

Since San Diego exercised its charter city exemption - the California Public Contract Code (including the operative parts of SB 829) do not apply to San Diego.

Yes, it’s true that on April 19, 2012, during this election campaign, the State Legislature - on a party line vote- passed a law to try to neuter this constitutional protection for charter cities, but no Court has validated that law. There is nothing in the Fitch report that indicates this law could ever be enforced, it merely cites this as a risk along with the loss of redevelopment funds, depressed real estate market prices, and other contingencies.

In 2002, Frye voted for San Diego's independence from the State Legislature. But now, why does she think the State Legislature should control the City?

For the record, here is current City Law that Frye voted for on May 14, 2002. §22.3002 Relationship to State Law (a) Pursuant to Section 1100.7 of California’s Public Contract Code, the City Council declares that the City’s Public Contracts Code, or any portion thereof, is expressly exempt from the California Public Contracts Code. (b) In the interest of ensuring an expeditious and fair procedure for administering the award of its public contracts, the City in its discretion may follow portions of the California Public Contract Code, but absent a judicial finding that a particular aspect of local public contracting is a matter of statewide concern, the City is not required to do so.

Here is the State law Frye cites when she argues "the Sky is falling!"

Sec. 1100.7. This code is the basis of contracts between most public entities in this state and their contractors and subcontractors. With regard to charter cities, this code applies in the absence of an express exemption [like in San Diego] or a city charter provision or ordinance that conflicts with the relevant provision of this code.

Sec. 2503. If a charter provision, initiative, or ordinance of a charter city prohibits, limits, or constrains in any way the governing board's authority or discretion to adopt, require, or utilize a project labor agreement that includes all the taxpayer protection provisions of Section 2500 for some or all of the construction projects to be awarded by the city, then state funding or financial assistance shall not be used to support any construction projects awarded by the city. This section shall not be applicable until January 1, 2015, for charter cities in which a charter provision, initiative, or ordinance in effect prior to November 1, 2011, would disqualify a construction project from receiving state funding or financial assistance.

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