HomeMy WebLinkAboutMC-1425 Adopted: July 18,2016
Effective: August 18,2016
1 ORDINANCE NO. MC-1425
2 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO ADDING SECTION 12.24.030 TO THE SAN BERNARDINO
MUNICIPAL CODE REQUIRING PAYMENT OF PREVAILING WAGES ON PUBLIC
4 WORKS PROJECTS
5 WHEREAS, Section 1720 et seq., of the Labor Code requires contractors on public
6 works projects to be paid the general prevailing rate per diem wages for work of a similar
character in the locality in which the work is performed; and
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8 WHEREAS, under California Constitution, Article XI, Section 5, the laws of charter
cities supersede State law with respect to municipal affairs of the city; and
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WHEREAS, the City of San Bernardino ("City") is a charter city duly organized and
10 validly existing under the laws of the state of California, and thus the City may exempt itself
11 from prevailing wage requirements; and
12 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
13 public works projects in the City; and,
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WHEREAS, California Senate Bill No. 7 ("SB 7"), approved on October 13, 2013,
15 which added Section 1782 to the California Labor Code, and provides that the State has limited
16 financial resources and resolves only to extend financial assistance to construction projects of
those charter cities that required compliance with the prevailing wage law on all of their
17 municipal construction contracts, including those classified as repair and maintenance; and
18 WHEREAS, notwithstanding the City's Constitutional right to exempt locally-funded
19 projects from prevailing wage, the City finds that the public interest continues to be best served,
for now, by complying with California's prevailing wage law as delineated in California SB 7
20 and California Labor Code Section 1782; and,
21 WHEREAS, pursuant to California Senate Bill Numbers 829 and 922, the City has no
22 charter provision, initiative, or ordinance that prohibits, limits, or constrains the Mayor and
Common Council from adopting, requiring, or utilizing project labor agreements for
23 construction projects awarded by the City.
24 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY
25 OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
26 Section 1. The above recitals are true and correct and incorporated herein by this reference.
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Adopted: July 18,2016
Effective: August 18,2016
1 Section 2. It is the intent and purpose of this ordinance to comply with California Senate
Bill No. 7, 829, and 922 to allow the City to continue to receive State funding for construction
2 projects.
3 Section 3. Section 12.24.030 hereby added to the San Bernardino Municipal Code to read
as follows:
4
5 "12.24.030 Prevailing Wages
6 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
7 San Bernardino for each craft or type of workman or mechanic. Such rates shall be applicable to
8 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."
9
Section 4. The provisions of this ordinance do not restrict the City from receiving or using
10 State funding or financial assistance awarded prior to January 1, 2015, or from receiving or
11 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
12 January 1, 2015.
13 Section 5. The provisions of this ordinance, insofar as they are substantially the same as
14 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
15 as new enactments.
16
Section 6. The Mayor and Common Council find that this ordinance is not subject to the
17 California Environmental Quality Act (CEQA) pursuant to Section s15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change to the environment)
18 and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
19 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
20
Section 7. The Mayor and Common Council hereby declare that should any section,
21 paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
22 invalid, it is the intent of the Mayor and Common Council that it would have adopted all other
portions of this ordinance independent of the elimination herefrom of any such portion as may
23 declared invalid.
24 Section 8. Neither the adoption of this ordinance nor the repeal of any other ordinance of
25 this City shall in any manner affect the prosecution for violations of ordinances which
violations were committed prior to the effective date hereof, nor be construed as a waiver of any
26 license or penalty or the penal provisions applicable to any violation thereof.
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Section 9. The provisions of this ordinance shall become effective and be in full force and
28 effect on the thirty-first (31S) day after its adoption.
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Adopted: July 18,2016
Effective: August 18,2016
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
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
5 18th day of July, 2016, by the following vote, to wit:
6
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
7
8 MARQUEZ X
9 BARRIOS X
10 VALDIVIA X
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SHORETT X
12
NICKEL X
13
14 RICHARD X
15 MULVIHILL X
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17
Georgea Ha"ftna, Cbt, City Clerk
18 �
19 The foregoing Ordinance is hereby approved this day of July, 2016.
20 2 % ca4a
21 R. Carey DaVernardino, Mayor
22 City of San
Approved as to form:
23 Gary D. Saenz, City Attorney
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