Loading...
HomeMy WebLinkAbout682ORDINANCE NO. 682 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE TO ADOPT A LOCAL PREVAILING WAGE ORDINANCE IN ACCORDANCE WITH CALIFORNIA SENATE BILL NO. 7 WHEREAS, the City of Irwindale (the "City") is a charter city duly organized and validly existing under the laws of the state of California; and WHEREAS, pursuant to Section 5 of Article XI of the California Constitution, the laws of charter cities supersede state law with respect to municipal affairs of the charter city; and WHEREAS, as a charter city, the City may exempt locally funded public works projects from California state prevailing wage law, which requires contractors on public works projects to be paid the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed; and WHEREAS, on October 13, 2013, California's Governor signed Senate Bill No. 7 ("SB 7") into law, which enacted Section 1782 of the California Labor Code; and WHEREAS, Section 1782 of the California Labor Code prohibits California cities from receiving or using state funding or financial assistance for a public works project unless the subject city requires contractors to comply with California's state prevailing wage law on those projects; and WHEREAS, Section 1782 of the California Labor Code further provides that a charter city may receive state funding or financial assistance if the city has a local prevailing wage ordinance for all its public works contracts that includes requirements that are equal to, or greater than, the state's prevailing wage requirements; and WHEREAS, notwithstanding the City's constitutional right to exempt locally- funded projects from the state's prevailing wage requirements, the City desires to adopt an ordinance in accordance with Section 1782 of the California Labor Code to ensure the City's continued eligibility for state funding or financial assistance for public works projects. NOW, THEREFORE, the City Council of the City of Irwindale, California, ordains as follows: Ordinance No. 682 Page 1 Section 1. Subject to the exemptions set forth in Section 2 below, the City shall comply with California's prevailing wage law to receive State funding and financial assistance for construction projects pursuant to SB 7. Section 2. The City shall not be required to comply with California's prevailing wage law in contracts for projects of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or for projects of fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair, or maintenance work. These exemptions shall apply unless (1) payment of prevailing wage is compelled by the terms of a federal or state grant or is otherwise funded from a source that requires prevailing wage; (2) the public work is a matter of statewide concern; or (3) the payment of prevailing wage is separately authorized by the City Council. Section 3. The provisions of this ordinance do not restrict the City from receiving or using funding or financial assistance from the state of California which was awarded prior to January 1, 2015, or from receiving or using state funding or financial assistance to complete a contract awarded prior to January 1, 2015. Further, this ordinance does not disqualify or amend any contracts awarded prior to January 1,2015. Section 4. If SB 7 is, for any reason, held to be invalid or inapplicable to charter cities by any court of competent jurisdiction or is otherwise repealed, this ordinance, shall automatically sunset and be of no further effect and immediately thereafter. Section 5. The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 7. The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Ordinance No. 682 Page 2 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 8. Within thirty (30) days of adoption of this ordinance, the City Manager is directed to notify the Department of Industrial Relations in writing that the City has adopted a local prevailing wage ordinance in compliance with SB 7. Section 9. The Mayor shall sign this ordinance and the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published and/or posted at the designated locations in the City of Irwindale. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 22 nd day of October, 2014. ra M. Nieto, CMC puty City Clerk Ordinance No. 682 Page 3 None None None Laura M. Nieto, CMC Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 682 was introduced at a regular meeting of the City Council of the City of Irwindale held on October 8, 2014, and adopted at a regular meeting of the City Council of the City of Irwindale held on October 22, 2014, and was carried by the following-roll call vote: AYES: COUNCILMEMBERS: Ambriz, Garcia, Miranda, Ortiz, Mayor Breceda NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: AFFIDAVIT OF POSTING I, Laura M. Nieto, CMC, City Clerk, certify that I caused a copy of Ordinance No. 682, adopted by the City Council of the City of Irwindale at its regular meeting held October 22, 2014, to be wasted at the City Hall, Library, and Post Office on October 27, 2014. old_7fici Dated: ura M. Nieto, CMC eputy City Clerk Ordinance No. 682 Page 4