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