ORDINANCE NO. XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIALTO CALIFORNIA ADDING CHAPTER 18.73 TO THE RIALTO MUNICIPAL CODE TO PROVIDE FOR PROJECT LABOR AGREEMENTS WHEREAS, the City of Rialto (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, pursuant to its police powers derived under the California Constitution, Article XI, section 7, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, local, good-paying, union jobs can simultaneously address the dual crises of climate change and economic inequality; and WHEREAS, project labor agreements improve job quality and opportunity for local residents, ensure worker and community safety, and provide adequate workforce training for communities impacted by economic and environmental inequality; and WHEREAS, the City Council desires to require project applicants to enter into project labor agreements for any project for which an environmental impact report is required; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RIALTO ORDAINS AS FOLLOWS:
Section 1. The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
Section 2. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
Section 3. A new Chapter 18.73 entitled “Project Labor Agreements,” is hereby added to the Rialto Municipal Code to read as follows:
“18.73 – PROJECT LABOR AGREEMENTS
Sections:
18.73.010 – Purpose.
A. Project labor agreements are the preferred tool to ensure that important proprietary goals of the City are achieved by having a guaranteed source of locally skilled union workers. Because union jobs on the whole pay better, have better benefits, and are safer than non-union jobs, project labor agreements reduce income inequality and promote worker safety.
B. Project labor agreements also advance the City’s interests of ensuring that unemployed and under-employed residents will receive employment opportunities within the City. Over the years, project labor agreements have proven to be an excellent mechanism to promote the hiring of unemployed and under-employed local residents. These agreements have proven their effectiveness in targeting construction employment and training opportunities to mitigate the harm caused by economic and environmental inequality.
C. Project labor agreements also advance the City’s interest of addressing environmental challenges in ways that create and maintain local quality jobs and build a stronger, fairer economy for residents impacted by adverse environmental impacts.
18.73.020 – Definitions.
For purposes of this Chapter 18.73, the following definitions shall apply:
“City” means the City of Rialto, a municipal corporation. “Covered Project” means any project for which an environmental impact report will be prepared, pursuant to California Environmental Quality Act (“CEQA”) Guidelines §§15081, 15081.5. Notwithstanding the foregoing sentence, “Covered Project” does not include any public work or improvement projects undertaken by the City. “Covered Project” also does not include any project where the application of a project labor agreement would violate the conditions of a state, federal, or other public funding source. “Project Labor Agreement” shall mean a pre-hire collective bargaining agreement with one (1) or more labor organizations that establishes terms and conditions of employment for a covered project. “Contractor” shall mean a person entering into or performing a covered project. “Subcontractor” means any person, firm, partnership, owner-operator, limited liability company, corporation, joint venture, proprietorship, trust, association, or other entity providing services to a Contractor or other Subcontractor in fulfillment of the Contractor’s or other Subcontractor’s obligations arising from construction work on a Covered Project. “Union” means each collective labor organization representing each of the crafts or trades necessary for the construction of a Covered Project and their respective affiliated local unions. “Local Resident” shall mean an individual whose primary place of residence is within the City.
18.73.030 – Application of Project Labor Agreements.
This chapter shall apply to any project for which an environmental impact report will be prepared, pursuant to CEQA Guidelines §§15081 and 15081.5. The requirement shall be set forth as a condition of approval of any entitlement granted in connection with a project application for a covered project stating that the contractors and subcontractors at all tiers, shall be required to sign an agreement to be bound and to enter into a project labor agreement. The project applicant and the general contractor shall execute a master project labor agreement which shall govern its work on the construction of the covered project according to its terms. Nothing in this provision shall impact or otherwise impair the terms of any existing Project Labor Agreement.
18.73.040 – Required Provisions and Form.
Unless the city council, by majority vote, determines otherwise, a project labor agreement for all covered projects shall contain the following provisions:
A. The project labor agreement shall be binding on all contractors and subcontractors at all tiers; B. The contractor shall require all subcontractors, at all tiers, as a condition of working on the covered project, to become parties to the project labor agreement; C. The project labor agreement shall guarantee against work stoppages, strikes, lockouts, and similar disruptions of the project; D. The Union and its members shall continue work on the covered project despite the expiration of the applicable collective bargaining agreements; E. All contractors and subcontractors shall recognize the Union as the exclusive bargaining representative of the workers employed on the covered project; F. All contractors and subcontractors shall use the Union hiring hall procedures for satisfying project needs on the covered project; G. The project labor agreement shall require use of the “Helmets to Hardhats” program to assist returning veterans in obtaining employment and training opportunities on the covered project; H. The wages and benefits of the craft employees performing work on the covered project shall be governed by the collective bargaining agreement of the Union traditionally recognized as the bargaining representative of the craft(s) in question; I. Prohibition of discrimination based on race, national origin, religion, sexual orientation, political affiliation or membership in a labor organization in hiring or dispatching workers for the project; and J. The project labor agreement shall include local hire provisions, targeted hire of low-income or disadvantaged workers, and the creation of pre-apprenticeship pathways for careers on the covered project.
K. The project labor agreement shall be in final form as approved by the city attorney.
18.73.050 – No Conflict with Federal or State Law.
Nothing in this Chapter 18.73 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.” Section 4. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares it would have adopted this Ordinance and each section, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.
Section 5. The City Clerk shall certify to the adoption of this ordinance and publish and post the ordinance in accordance with Government Code Section 36933. This ordinance shall take effect thirty (30) days after its date of adoption. ///
PASSED, APPROVED AND ADOPTED this ____ day of _______, 2023. __________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
________________________________
ERIC S. VAIL, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Ordinance No. __________ was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the ________ day of _____________________, 2023.
Upon motion of Councilmember ___________________, seconded by Councilmember ____________________, the foregoing Ordinance No. _________ was duly passed and adopted.
Vote on the Motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto, this _____ day of _______________, 2023. ____________________________________
Barbara A. McGee, City Clerk
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