HomeMy WebLinkAbout2320 ORDINANCE NO. 2320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA
MUNICIPAL CODE TO REQUIRE COMPLIANCE WITH
STATE PREVAILING WAGE REQUIREMENTS ON CITY
PUBLIC WORKS PROJECTS
WHEREAS, the California prevailing wage law 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, under the California Constitution, Article XI, Section 5, the laws of
charter cities supersede state law with respect to municipal affairs of the charter cities;
and
WHEREAS, the California Supreme Court has held that the wage levels of
workers constructing locally funded public works are a municipal affair; and
WHEREAS, the City of Arcadia ("City") is incorporated as a charter city, and thus
the City may exempt locally funded public works projects from state prevailing wage
requirements to conserve the City's limited financial resources; and
WHEREAS, the California Legislature passed Senate Bill 7 requiring all
California charter cities to adopt an ordinance or charter amendment mandating
compliance with state prevailing wage law on all public works contracts in order to
remain qualified for state funding on local public works projects; and
WHEREAS, in accordance with Section 200 of the City Charter, the City Council
has discretion to determine wages to be paid on City public works projects and may
require that prevailing wages be paid by contractors employed thereon; and
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WHEREAS, the City Council finds that it is necessary to adopt an ordinance
requiring contractor compliance with state prevailing wage law on all City public works
projects in order to preserve the City's eligibility for state public works construction
funding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8, Division 2, Part 4 of Article II of the Arcadia Municipal
Code is hereby amended by adding Section 2842.8 to read in its entirety as follows:
"2842.8. Prevailing Wages Required. Except on locally funded public
works projects of twenty-five thousand dollars ($25,000) or less when the
project is for construction work, or fifteen thousand dollars ($15,000) or
less when the project is for alteration, demolition, repair or maintenance
work, all contractors performing work on a City public works projects shall
be subject to California prevailing wage law, codified at California Labor
Code Section 1720 et seq., as it may be amended from time to time. The
only limitation on this requirement shall be in the event federal funding
requirements supersede state prevailing wage laws."
SECTION 2. Chapter 8.7, Part 1 of Article II of the Arcadia Municipal
Code is hereby amended by adding Section 2871.12 to read in its entirety as
follows:
"2871.12. Prevailing Wages Required. Except on locally funded public
works projects of twenty-five thousand dollars ($25,000) or less when the
project is for construction work, or fifteen thousand dollars ($15,000) or
less when the project is for alteration, demolition, repair or maintenance
work, all contractors performing work on a City public works projects shall
be subject to California prevailing wage law, codified at California Labor
Code Section 1720 et seq., as it may be amended from time to time. The
only limitation on this requirement shall be in the event federal funding
requirements supersede state prevailing wage laws."
SECTION 3. Chapter 13, Article I of the Arcadia Municipal Code is hereby
amended by repealing Sections 1950 and 1951 in their entirety without replacement.
SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published in the official newspaper of the City within
fifteen (15) days after its adoption. This Ordinance shall take effect on the later to occur
of (1) the thirty-first (31st) day following its adoption and (2) January 1, 2015.
Passed, approved and adopted this is day of November , 2014.
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May•r of the City of Arcadia
ATTEST:
City Jerk
APPROVED AS TO FORM:
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J
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2320 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 18th day of November, 2014 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Council Member Beck, Chandler, Kovacic, Tay and Wuo
NOES: None
ABSENT: None
City ler of the ' ity of Arcadia
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