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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 Resolution No. 122 -12 is hereby repealed and of no further effect. 3.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