HomeMy WebLinkAboutCC Ord 1644 2015-01-12 ORDINANCE NO. 1644
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING
CHAPTER 9.75 TO TITLE 9 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING THE PAYMENT OF
PREVAILING WAGES
RECITALS
A. In 2012, the California Supreme Court held in the case of State Building
and Construction Trades Council v. City of Vista that the payment of prevailing wages is
a municipal affair and that a charter city has the discretion whether or not to require its
contractors to pay prevailing wages.
B. In reaction to that decision, the State Legislature passed Senate Bill 7,
thereby adding Labor Code section 1782, which provides that a charter city shall not
receive or use state funding or financial assistance for a construction project if the city
has awarded, within the prior two years, a public works contract without requiring the
contractor to pay prevailing wages, effective January 1, 2015.
C. Labor Code section 1782 further provides that the penalty of not receiving
or using state funding or financial assistance does not apply if a charter city's failure to
include the prevailing wage requirement in a particular contract was inadvertent and
contrary to a city charter provision or ordinance that otherwise requires compliance with
the Labor Code.
D. Several charter cities have filed a challenge to Senate Bill 7, asserting that
the Labor Code section 1782 is unconstitutional, but the trial court has issued an
unfavorable ruling.
E. The City Council of the City of Seal Beach ("City") intends to pass this
Ordinance requiring the payment of prevailing wages so that an inadvertent error in a
particular contract does not jeopardize any state funding or financial assistance.
F. By passing this Ordinance, the City Council does not concede that Senate
Bill 7 is permissible or that the decision to require payment of prevailing wages is not a
municipal affair. The City Council intends this Ordinance to be effective only insofar as
Senate Bill 7 is in effect, and otherwise the Ordinance shall be automatically repealed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 9.75 is hereby added to the Seal Beach Municipal Code to
read as follows:
"9.75 Prevailing Wages
9.75.005 Requirement to Pay Prevailing Wages
The provisions of California Labor Code section 1720 et seq. regarding
prevailing wages on public works and related regulations as now existing
and as may be amended are accepted and made applicable to the City, its
departments, boards, officers, agents, and employees.
9.75.010 Automatic Repeal of Chapter 9.75 if Labor Code Section
1782 is not in effect
If California Labor Code section 1782 is held by a court of competent
jurisdiction to be unconstitutional or otherwise impermissible, and no
further appeals of that decision are available or pending, this chapter shall
be automatically repealed without further action of the City."
Section 2. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Ordinance or any part thereof is for any reason held to be invalid, such
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invalidity shall not affect the validity of the remaining portions of this Ordinance or any
part hereof. The City Council of the City of Seal Beach hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 3. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and posted
in the manner required by law. 111
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City Clerk V47#111'.C _
APPROVED • TO FORM:
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City • • orney
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
CITY OF SEAL BEACH }
I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
December 8, 2014 and was passed, approved, and adopted by the City Council at a
regular meeting held on January 12, 2015 by the following vote:
AYES: Council Member(s) t5t., Dl^ 6 a`V1 � ►nidic�— MossarL�vili �a 1f N2
NOES: Council Member(s) N °h''
ABSENT: Council Member(s)
°1.,�
ABSTAIN: Council Member(s) N°I'-c-
and do hereby further certify that Ordinance Number 1644 has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
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Ordinance No. 1644
. PROOF OF PUBLICATION This space is for the County
(2015.5 C.C.P.) Clerk's Filing Stamp
1 STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen Proof of Publication of
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a •"'
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of --_,.�_ �_,,.,
Orange and which newspaper has "NOTICE OF PUBLIC{
i HEARING -' t
been adjudged a newspaper of (. NOTIC EMS HEREBY-GIVEN matthe City Council
general circulation by the Superior i`of the City,of Seal Beach
g y p will hold a public hearingl
Court of the County of Orange, State on Monday, December 8,1
2014, at 7.00-p.m. in the,
City Counal Chambers,211{
of California, under the date of IEigntn Street,,Seal eeacti,�
2/24/75. Case Number A82583; that California to consider the`{
r- :-
following item , a
1 the notice of which the annexed is a SEAL BEACH MUNICIPAL
LCODE AMENDMENT
printed copy (set in type not smaller CHAPTER • V.7 5i
LING
than nonpareil), has been published 1 PREVAI A.copyl of,mWe Staff AGES reponl
in each regular and entire issue of !wild proposed brdinancel
Twill be available for review.i
ion the City s website(wwwi.f
said newspaper and not in any isealbeachcagovunder"City
Government;tab)or at the I
supplement thereof on the following ¢Office of,the City Clerk;City
dates, to-wit: lBealch211,--,8th Street,Seal
1 At the above.time andj
1IWew &v O )- 7 mayeelheard if so persons
U / may,be heariiif so desired.'
If you,challenge the pro:I
all in the year 2014. posed actions in court,you'
may be limited;to raising
only those?'issues yqu•or
someoneplseraised at they
I certify (or declare) under penalty of Ipublic hearing described f
lin this notice,'or in written[[.
perjuthat the foregoing is true and correspondence delivered 1
ry g g Ito the City_of Seal Beach I
correct. iat or phor-to, the public
hearing...__ ': ," `4
i For inquires,contact Sean
1 Crumby ovector of Public.1.
Dated at Seal Bea h, CA, fwgrks at(562)431 2527 ext.e
is D7 day of 1 d, c1 r seal or email;'scru ., ,., j
/ 2014. I ' DATED thi gov: l
/\\ DATED this..l3th day•of;{
November 2014 ,,''"4
/� ' Sean Crumby ;
_� � G' Sa, i 'Director of Public Works`
Signature •PBbl sh ed m.the Seal
,
I
Beach Sun' 11/20'„
PUBLICATION PROCESSED BY: 1.142n2o14
i _;«.� t ,v�)
THE SEAL BEACH SUN -- f-`j
216 Main Street �A
Seal Beach, CA 90740
(562) 430-7555
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