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ORDINANCE (ID #4522) DOC ID: 4522
C, CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Mark Scott M/CC Meeting Date: 07/05/2016
Prepared by: Tanya Romo, (909) 384-
5122
Dept: City Manager Ward(s): All
Subject:
An Ordinance of the Mayor and Common Council of the City of San Bernardino Adding
Section 12.24.030 to the San Bernardino Municipal Code Requiring Payment of
Prevailing Wages on Public Works Projects. (FIRST READING) (#4522)
Current Business Registration Certificate:
Financial Impact:
No financial impact.
Motion: Lay over Ordinance for final adoption.
Previous Council Action:
August 23, 1990 the Mayor and Common Council adopted Resolution 90-358 requiring
compliance with the prevailing wage requirements of the Labor Code for most public
works projects in the City.
Summary:
The intent and purpose of this ordinance is to comply with California Senate Bill No. 7,
829, and 922 to allow the City to continue to receive State funding for construction
projects.
Under and pursuant to Section 1770 of the Labor Code of the State of California, the
Director of Industrial Relations determines the general prevailing rate of per diem wages
in the City of San Bernardino for each craft or type of workman or mechanic. Such rates
shall be applicable to any public works contract, as such term is defined under Section
1720, et seq., of the Labor Code of the State of California, of the City of San
Bernardino."
The provisions of this ordinance do not restrict the City from receiving or using State
funding or financial assistance awarded prior to January 1, 2015, or from receiving or
using State funding or financial assistance to complete a contract awarded prior
January 1, 2015. Further, this ordinance does not disqualify or amend any contracts
awarded prior to January 1, 2015.
The provisions of this ordinance, insofar as they are substantially the same as
previously adopted legislative acts of the City relating to the same subject matter,
including but not limited to Resolution 90-358, shall be construed as restatements and
Updated: 6/27/2016 by Georgeann "Gigi" Hanna Pack�til?g�d20�
4522
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continuations, and not as new enactments.
Please refer to the attached Ordinance for additional details.
City Attorney Review:
Supporting Documents:
PREVAILING WAGE ORDINANCE 12.24.030 (DOC)
Updated: 6/27/2016 by Georgeann 'Gigi" Hanna . .
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1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADDING SECTION 12.24.030 TO THE SAN BERNARDINO
2 MUNICIPAL CODE REQUIRING PAYMENT OF PREVAILING WAGES ON PUBLIC
3 WORKS PROJECTS
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4 WHEREAS, Section 1720 et seq., of the Labor Code requires contractors on public
works projects to be paid the general prevailing rate per diem wages for work of a similar N
5 character in the locality in which the work is performed; and
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WHEREAS, under California Constitution, Article XI, Section 5, the laws of charter
7 cities supersede State law with respect to municipal affairs of the city; and
8 WHEREAS, the City of San Bernardino ("City") is a charter city duly organized and
a validly existing under the laws of the state of California, and thus the City may exempt itself Q
from prevailing wage requirements; and
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11 WHEREAS, on August 23, 1990 the Mayor and Common Council adopted Resolution
90-358 requiring compliance with the prevailing wage requirements of the Labor Code for most =
12 public works projects in the City; and,
13 WHEREAS, California Senate Bill No. 7 ("SB 7"), approved on October 13, 2013, °
14 which added Section 1782 to the California Labor Code, and provides that the State has limited N
financial resources and resolves only to extend financial assistance to construction projects of �r
15 those charter cities that required compliance with the prevailing wage law on all of their
16 municipal construction contracts, including those classified as repair and maintenance; and N
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17 WHEREAS, notwithstanding the City's Constitutional right to exempt locally-funded w
projects from prevailing wage, the City finds that the public interest continues to be best served, Z
18 for now, by complying with California's prevailing wage law as delineated in California SB 7 z
19 and California Labor Code Section 1782; and,
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20 WHEREAS, pursuant to California Senate Bill Numbers 829 and 922, the City has no w
charter provision, initiative, or ordinance that prohibits, limits, or constrains the Mayor and
21 Common Council from adopting, requiring, or utilizin g project labor agreements for
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22 construction projects awarded by the City. J
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23 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: a.
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25 Section 1. The above recitals are true and correct and incorporated herein by this reference. L
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26 Section 2. It is the intent and purpose of this ordinance to comply with California Senate Q
27 Bill No. 7, 829, and 922 to allow the City to continue to receive State funding for construction
projects.
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1 Section 3. Section 12.24.030 hereby added to the San Bernardino Municipal Code to read
as follows:
2
3 "12.24.030 Prevailing Wages
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4 Under and pursuant to Section 1770 of the Labor Code of the State of California, the Director r
of Industrial Relations determines the general prevailing rate of per diem wages in the City of N
5 San Bernardino for each craft or type of workman or mechanic. Such rates shall be applicable to
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6 any public works contract, as such term is defined under Section 1720, et seq., of the Labor o
Code of the State of California, of the City of San Bernardino." v
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Section 4. The provisions of this ordinance do not restrict the City from receiving or using a,
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State funding or financial assistance awarded prior to January 1, 2015, or from receiving or o
9 using State funding or financial assistance to complete a contract awarded prior January 1,
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2015. Further, this ordinance does not disqualify or amend any contracts awarded prior to y
10 January 1, 2015.
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Section 5. The provisions of this ordinance, insofar as they are substantially the same as
12 previously adopted legislative acts of the City relating to the same subject matter, including but
not limited to Resolution 90-358, shall be construed as restatements and continuations, and not L
13 as new enactments.
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Section 6. The Mayor and Common Council find that this ordinance is not subject to the
15 California Environmental Quality Act (CEQA) pursuant to Section s15060(c)(2) (the activity M
16 will not result in a direct or reasonably foreseeable indirect physical change to the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA N
17 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for W
resulting in physical change to the environment, directly or indirectly. z
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19 Section 7. The Mayor and Common Council hereby declare that should any section, 0
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be 0
20 invalid, it is the intent of the Mayor and Common Council that it would have adopted all other LU
21 portions of this ordinance independent of the elimination herefrom of any such portion as may
declared invalid. 0
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Section 8. Neither the adoption of this ordinance nor the repeal of any other ordinance of
23 this City shall in any manner affect the prosecution for violations of ordinances which LU
violations were committed prior to the effective date hereof, nor be construed as a waiver of any a
24 license or penalty or the penal provisions applicable to any violation thereof. c
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Section 9. The provisions of this ordinance shall become effective and be in full force and
26 effect on the thirty-first(31") day after its adoption. a
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1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ADDING SECTION 12.24.030 TO THE SAN BERNARDINO
2 MUNICIPAL CODE REQUIRING PAYMENT OF PREVAILING WAGES ON PUBLIC
3 WORKS PROJECTS
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4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and o
Common Council of the City of San Bernardino at a meeting thereof, held N
5 on the day of , 2016, by the following vote, to wit:
6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 0
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8 MARQUEZ a,
9 BARRIOS a
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10 VALDIVIA a�
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SHORETT
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NICKEL L
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14 RICHARD N
15 MULVIHILL
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Georgeann Hanna, City Clerk v
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19 The foregoing Ordinance is hereby approved this day of , 2016.
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21 R. Carey Davis, Mayor
22 City of San Bernardino J
Approved as to form:
23 Gary D. Saenz, City Attorney wU
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By:
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