HomeMy WebLinkAboutRES NO 201-14RESOLUTION NO. 2 0 1- 14
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BAKERSFIELD, CALIFORNIA,
REPEALING RESOLUTION NO. 122 -12 AND
EXPRESSING INTENT TO COMPLY WITH
CALIFORNIA SENATE BILL NO. 7 RELATING
TO PREVAILING WAGE LAW FOR LOCALLY -
FUNDED PUBLIC WORKS PROJECTS.
WHEREAS, the State 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 California Constitution, Article XI, Section 5, the laws of
charter cities supersede State law with respect to municipal affairs of the City;
and
WHEREAS, the City of Bakersfield ( "City ") is a charter city duly organized
and validly existing under the laws of the State of California, and thus the City
may exempt itself from prevailing wage requirements; and
WHEREAS, on October 17, 2012, the City Council adopted Resolution No.
122 -12, which exempted locally- funded public works projects from prevailing
wage; and
WHEREAS, California Senate Bill No. 7 ( "SB 7 "), approved October 13, 2013,
provides that the State has limited financial resources and resolves only to
extend financial assistance to construction projects of those charter cities that
require compliance with the prevailing wage law on all their municipal
construction projects; and
WHEREAS, nearly all of California's 121 charter cities, including Bakersfield,
have supported a legal action to challenge SB 7's applicability to charter cities;
and
WHEREAS, notwithstanding the City's Constitutional right to exempt locally -
funded projects from prevailing wage, the City finds its financial interests are
best served by compliance with California's prevailing wage law as delineated
in California SB 7.
- Page 1 of 3 Pages -
g AKEy
o 6
� m
r-
v o
ORIGINAL
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct and are incorporated
herein by reference.
2. Resolution No. 122 -12 is hereby repealed and of no further effect.
3. The City will comply with California's prevailing wage law to
continue to receive State funding for construction projects pursuant
to SB 7.
4. The provisions of this Resolution 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 to
January 1, 2015. Further, this Resolution does not disqualify or
amend any contracts awarded prior to January 1, 2015.
5. If a court of competent jurisdiction stays SB 7, this Resolution will not
be in effect during the court - ordered stay.
6. If SB 7 is, for any reason, held to be invalid or inapplicable to charter
cities by any court of competent jurisdiction or is otherwise
repealed, this Resolution shall automatically sunset and be of no
further effect.
7. The City Council finds the introduction and adoption of this
Resolution is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Sections 15060(c) (2) - the activity will not
result in a direct or reasonably foreseeable indirect physical change
in the environment, and 15060(c) (3) - the activity is not a project as
defined in Section 15378 of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to
have a significant effect on the environment.
--- - - - - -- 000---- - - - - --
- Page 2 of 3 Pages -
g A K,6 �
a
� m
r
V O
ORIGINAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
NOV 1 9 2014 , by the following vote:
✓ ✓ ✓ -e-
COUNCIL MEMBER RIVERA, WEIR, SMITH, HANSON,
COUNCIL MEMBER MbJCU J" %
A : COUNCIL MEMBER
ABSENT: COUNCILMEMBER U %%V/CIr'V
APPROVED NOV 19 2014
By G'
KEN WEIR
VICE -MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H. RUDNICK
eputy City Attorney
JHR:dII
S: \COUNCIL \Resos \14- 15 \SB -7 Prevailing Wage.Docx
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
- Page 3 of 3 Pages -
1— m
U n
ORIGINAL