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Resolution 201 -14 (adopted by City Council on November 19th, 2014) repealed Resolution No. 122 -12,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.
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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
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