HomeMy WebLinkAboutORD 1276ORDINANCE NO. 1276
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTION 3.30.020 OF THE PALM DESERT 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 Palm Desert ("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 300 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
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 PALM DESERT
DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment. Section 3.30.020 of the Palm Desert Municipal Code
is hereby amended to read in full as follows:
ORDINANCE NO. 1276
"Section 3.30.020. Municipal Projects.
A. Except on locally funded public works projects of twenty-five .r
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.
B. The only limitation on the provisions of subsection A shall be in the
event federal funding requirements supersede state prevailing wage laws."
SECTION 2. 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 of Palm
Desert within fifteen (15) days after its adoption. This Ordinance shall take effect on the
later of the thirty-first (31 S) day after its adoption or January 1, 2015.
PASSED, APPROVED AND ADOPTED this 13th day of November ,
2014, by the following vote, to wit:
AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER
NOES: NONE
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ABSENT: NONE
ABSTAIN: NONE
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VAN G. TANNER, MAYOR
ATTEST:
E D. K SSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNI
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APPROVED AS TO FORM:
ROBERT W. HAR AVES, CITY ATTORNEY ..
72500.00874\9297197.1 2