HomeMy WebLinkAboutORD 859ORDINANCE NO.859
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING
CHAPTER 3.30 OF THE PALM DESERT MUNICIPAL CODE
WHICH SETS FORTH THAT CITY PUBLIC WORKS PROJECTS
SHALL NOT REQUIRE PREVAILING WAGE PAYMENTS.
WHEREAS, on November 4, 1997, the voters of the City of Palm Desert ratified the Charter
of the City of Palm Desert; and
WHEREAS, an emergency exists which requires and compels the City to act to preserve the
public health, safety and welfare pursuant to Government Code, Section 36937, in that significant
public funds would be unnecessarily spent on public works projects which would otherwise limit
City resources; and
WHEREAS, Section 300 of the City Charter provides that "The City shall have the power
to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award
and performance of any public works contract, including, but not limited to, the compensation rates
to be paid for the performance of such work.";
NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES
HEREBY ORDAIN as follows:
SECTION 1. That the Recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. That a new Chapter 3.30 be added to the Palm Desert Charter and Municipal
Code entitled "Public Works Contracts and Bidding Requirements" to read as follows:
"3.30.010 Purpose.
Pursuant to the authority set forth in Section 300 of the Palm Desert Charter, the City
may provide local procedures and requirements for the bidding, award and performance of City
public works projects.
3.30.020 Municipal Projects.
(a) Contracts for public works projects, including, but not limited to, those
defined in Section 1720 of the Labor Code, and in Section 20161 of the Public Contracts Code, shall
not be subject to prevailing wage law (Labor Code, Section 1720, et sea.), except as specified in
subdivision (b) herein. Any notice inviting bids for such public works projects shall include
notification of this subdivision.
CITY COUNCIL ORDINANCE NO.859
(b)- The provisions of subdivision (a) herein shall not apply when the public works
projects are funded in whole or in part by state or federal loans, or grants, and payment of prevailing
wages is required in order to receive state or federal funding.
3.30.030 Applicability of Other State Contract Code Requirements.
With the exception of any local municipal policies set forth in this Chapter 3.30 of
the Palm Desert Charter and Municipal Code, all other state law requirements for bidding, awarding
and administering a public works contract shall remain operative and in effect for City public works
projects."
SECTION 3. This ordinance is passed as an urgency measure pursuant to Government
Code, Section 36937, in the interest of public health, safety and welfare and the conservation of City
funds and resources which would otherwise unnecessarily be spent on locally financed public works
projects.
SECTION 4. This ordinance is hereby declared to be an urgency measure and to be in full
force and effect immediately upon passage by a 4/5 vote of the City Council of the City of Palm
Desert, California, pursuant to Government Code, Section 36934, and filing of the Charter with the
Secretary of State.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Palm Desert, California, on the 1 Ith day of December, 1997, by the following roll call vote:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
BENSON, MAYOR
ATTEST:
-��SHEILKJ. GILLIGAN, CITY CLEkK
CITY OF PALM DESERT
DAVID J. FFAWIN, CITY ATTORNEY