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HomeMy WebLinkAboutSB 7 LTR to Gov. Brown 20130911�DSO city o sAn is oB is o OFFICE OF THE CITY COUNCIL 990 Palm Street ■San Luis Obispo, CA 93401 3249 ■ 805/781 7119 September 11, 2013 VIA FACSIMILE 916-558-3160 The Honorable Jerry Brown Governor, State of California State Capitol Sacramento, CA 95814 RE: SB 7 (Steinberg) Public Works: Charter Cities REQUEST FOR VETO Dear Governor Brown: The City of San Luis Obispo respectfully requests that you Veto SB 7. This legislation would prohibit a charter.city from receiving or using state funding or financial assistance for a construction project if the city has a charter provision or ordinance that exempts local projects funded solely with local monies from state prevailing wage requirements. This measure violates the fundamental principle of local control and the constitutional limits of state authority over charter cities, as recently held by the Court in the Vista decision.' This measure conflicts with Vista by attempting, via the Legislature, to leverage a different outcome than the Court's ruling by withholding vital state construction funds, derived from all of the state's taxpayers, from charter cities that fail to adopt prevailing wage requirements for projects built with local funds. Such a condition is unlawful because the state is seeking to leverage outcomes it lacks the legal authority to compel. While the City of San Luis Obispo has a longstanding practice to require the payment of prevailing wages for city funded projects, we have grave concerns that this legislative tactic will be used in the future to erode other local flexibility that is important to our community. Local control. of local funds is integral to the ability of charter cities to manage local issues effectively and responsively to local constituencies. Thus, we oppose this measure due to its undercutting of local charter authority and fundamental insistencies with established constitutional principles. The state should respect the Court decision in vista and stay out of the matter. The California Supreme Court upheld that (1) the construction of a city -operated facility for the benefit of the city's inhabitants with city funds is "quintessentially a municipal affair, "and (2) the state cannot require a charter city to exercise its purchasing power based upon "some indirect effect [of the charter city's purchasing power] on the regional and state economies. " State Building and Construction Trades Council of California, AFL-CIO v. City of Vista (2012) 54 Cal. 4"' 547. city of san luis oBispo September 11, 2013 Re: SB 7 Page 2 This measure would establish an impermissible framework for future state micromanaging of charter city laws and policies by the tactic of withholding state funds as political leverage to attempt to force changes to city charters and ordinances. For these reasons City of San Luis Obispo respectfully requests your veto of SB 7. Sincerely, an Marx Mayor Cc: David Lanier, Chief Dep. Legislative Secty, Office of the Governor fax 916-558-3177 Senator Darrell Steinberg; fax 916-323-2263 Dan Carrigg, League of California CA Cities David Mullinax, League of CA Cities City Council City Manager