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HomeMy WebLinkAboutRES NO 122-12RESOLUTION 122 -12 Resolution 201 -14 (adopted by City Council on November 19th, 2014) repealed Resolution No. 122 -12, and expressed intent to comply with California Senate Bill No. 7 relating to Prevailing Wage Law for locally funded Public Works projects. RESOLUTION NO. '122— 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD, CALIFORNIA, EXEMPTING THE CITY OF BAKERSFIELD FROM PREVAILING WAGE RATES ON CITY PUBLIC WORKS PROJECTS EXCEPT WHERE REQUIRED BY LAW. WHEREAS, Section 12 of the Bakersfield City Charter provides, in part, as follows: Section 12. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this Charter...; and WHEREAS, Bakersfield presently has no provisions of law mandating prevailing wage rates either in the City Charter or City Ordinances; and WHEREAS, the State Labor Code requires that contractors on public works projects pay workers the prevailing wage; and WHEREAS, California courts have long held that California chartered cities enjoy autonomy over "municipal affairs" (Article XI, Section 5, California Constitution); and WHEREAS, the California Supreme Court in the matter of State Building and Construction Trades Council of California, AFC -CIO v. City of Vista (2012) CS173586) held that the wage levels of contract workers constructing locally funded public works are a municipal affair (that is, exempt from state regulation), and that these wage levels are not a statewide concern (that is, subject to state legislative control); and WHEREAS, the City of Bakersfield has determined that it is in the best interest of the community to formally exempt itself from any prevailing wage requirements in those situations where this is legally authorized; and WHEREAS, Bakersfield as a Charter City shall govern its own municipal affairs and establish its own policies. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 0<0AK�9J' -c. S:\ COUNCIL\ Resos \12- 13 \Prevailing.Wage.Docx ~ V O -- Page 1 of 2 Pages -- ORIGINAL 2. Wage rates paid on public works projects undertaken by the City of Bakersfield, by either its own forces or by contract, shall not be governed by the prevailing wage law found at California Labor Code Section 1770, et seq. 3. This exemption from said Labor Code provisions is based on precedent of long standing and established constitutional principles by the courts of the State of California. 4. Notwithstanding this exemption, prevailing wages shall be appropriate: 1) when required by Federal or State grants; 2) on other public works projects considered to be of statewide concern; or 3) the payment of prevailing wage is separately authorized by the City Council. • VTI 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 OCT 1 7 2012 , by the following vote: ✓" ✓ ✓ ✓ COUNCILMEMBER �.. WEIR, COUCH, HANSON, SULLIVAN, . COUNCILMEMBER.^�XAIC� ' T COUNCILMEMBER_ TOvn ' i� ABSENT: COUNCILMEMBER_ n C o — 4"/"' � ��� ROBERTA GAFFORD, C CITY CLERK and Ex Of lit Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By �%-- -' hOSAHUA H. RUDNICK Deputy City Attorney JHR:dII S: \COU NCIL \Resos \12- 13 \Prevailing.W age. Docx -- Page 2 of 2 Pages -- Fn- ORIGINAL