Smart Voter
Santa Clara County, CA November 3, 1998 General
Measure BB
Contractor participation in the Apprenticeship Program for at-risk youth
City Of San Jose

Charter Amendment

83,762 / 58.3% Yes votes ...... 59,867 / 41.7% No votes

See Also: Index of all Measures

Infomation shown below: Impartial Analysis | Arguments |
Shall City Charter Section 1217 be amended to allow the City the option of including provisions in publicly bid contracts for contractor participation in an apprenticeship program for at-risk youth?
Impartial Analysis from the City Attorney
This proposed measure, if approved, would amend the City Charter to allow the City Council the option of including provisions in publicly bid contracts to require that the successful contractors participate in apprenticeship programs for at-risk youth.

The City Charter requires that contracts for the purchase of supplies, materials or equipment and contracts for construction of public works projects be competitively bid and awarded to the lowest responsible bidder when the contract exceeds specified dollar amounts. The City may only impose requirements and qualifications on contractors bidding for City contracts that are authorized by the Charter or that are directly related to the successful completion of a particular project.

Contractor participation in youth training and job programs cannot be required under the language of the current Charter provision. If approved, the Charter amendment would give the City Council the discretion to require successful bidders for City contracts to provide training and entry level job opportunities to at-risk youth as a condition of being awarded the contract. Thus, the City Council would be able to use the public contracting process to provide training and job opportunities to at-risk youth. Such requirements would not automatically be placed in all contracts but would be included where the City Council found that they are appropriate. The additional cost, if any, to the contractor from participation in the apprenticeship program would be reflected in the amount of the bid and would be paid by the City.

The measure would also revise the City Charter provisions governing the award of contracts for purchase of supplies, materials and equipment and construction of publicworks projects to make them easier to read but with absolutely no change in the meaning of the provision.


JOAN R. GALLO, City Attorney
City of San Jose

The above statement is an impartial analysis of Measure BB. If you desire a copy of the Charter Amendment, please call the City Clerk's office at (408)277-4424 and a copy will be mailed at no cost to you.

 
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Arguments For Measure BB Arguments Against Measure BB
Providing employment opportunities is one of the most effective ways that we can encourage at-risk youth to avoid drugs and gangs.

City staff who work to prevent juvenile crime report that the possibility of a good job can be a major factor in diverting youth away from destructive lifestyles. When youth stay out of trouble, neighborhoods become more stable and secure. Stated simply, putting youth to work benefits everyone.

Measure BB will allow city government to help those youth who are not going on to college to find careers with a future in the construction industry.

Each year, the City of San Jose issues tens of millions of dollars in construction contracts. The contractors who bid on these projects could provide training and entry level job opportunities for San Jose youth. However, up to this point, the city has never created an incentive for them to do so.

One obstacle to incorporating a youth training component in our public works contracts is the current language in our City Charter. Section 1217 prevents the city from designing contract provisions which require firms to offer apprenticeship programs for at-risk youth. Measure BB will specifically allow the city to include youth job programs in its contracts. That is all that it does. If several firms all offer youth apprenticeship programs, the city will still be required to select the lowest responsible bidder.

Upon approval of Measure BB, the City can move forward promptly to develop procedures which place reasonable expectations on contractors, which provide referrals to contractors from the City's youth programs, and which allow San Jose youth to participate in the high level of construction activity occurring in our expanding economy.

To provide more opportunities for San Jose youth, vote YES on Measure BB.


CHARLOTTE POWERS
Councilmember, District 2
City of San Jose


JOE COTO
Superintendent
Eastside Union High School District


The Rev. VAUGHN F. BECKMAN
Executive Director
The Council of Churches of Santa Clara County


CINDY CHAVEZ
Director of Education & Outreach
South Bay Labor Council


SPARKY HARLAN
Executive Director
Bill Wilson Center: youth & family services

No option should be given to allow the City to force contractor participation in an apprenticeship program for at-risk youth. If no bid is received from public bid the Council will proceed without due process. The City has failed to give a keyed definition for "at-risk-youth."

Contracts will be let to Council 'friends' without further review. All youth will be at risk merely by living in San Jose where child labor will be exploited in unfair labor practices to exclude legitimate contractors.


WILLIAM J. GARBETT,
President
Meadows Association

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Created: February 16, 1999 18:55
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