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Home My WebLink About2014-15 - Repealing Resolution No. 2013-6 and Expressing Intent to Comply With California Senate Bill No. 7 Relating to Prevailing Wage Law for Locally-Funded Public Works ProjectsORDINANCE NO. 2014 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA REPEALING RESOLUTION NO. 2013 -6 AND EXPRESSING INTENT TO COMPLY WITH CALIFORNIA SENATE BILL NO. 7 RELATING TO PREVAILING WAGE LAW FOR LOCALLY - FUNDED PUBLIC WORKS PROJECTS RECITALS 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; WHEREAS, under California Constitution, Article XI, Section 5, the laws of charter cities supersede State law with respect to municipal affairs of the city; WHEREAS, the City of Newport Beach ( "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; WHEREAS, on January 22, 2013, the City Council adopted Resolution No. 2013 -6, which exempted locally- funded public works projects from prevailing wage; 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; WHEREAS, nearly all of California's 121 charter cities, including Newport Beach, have joined 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, for now, by compliance with California's prevailing wage law as delineated in California SB 7. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Resolution No. 2013 -6 is hereby repealed and of no further effect. Section 2: The City will comply with California's prevailing wage law to continue to receive State funding for construction projects pursuant to SB 7. Section 3: The provisions of this ordinance 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 ordinance does not disqualify or amend any contracts awarded prior to January 1, 2015. Section 4: 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 ordinance, shall automatically sunset and be of no further effect and immediately thereafter, Resolution No. 2013 -6 shall again take effect without further action by the City Council. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 7: The City Council finds the introduction and adoption of this ordinance 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. Section 8: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the gch day of September, 2014, and adopted on the 23rd day of September, 2014, by the following vote, to wit: AYES, COUNCILMEMBERS Hems, Petros, Mayor Hill, Daigle Selich, Gardner, Curry NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None RUSH N. HILL, VMAYOR ATTEST: "k 0C ' boxj LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: THE CITY TTORNEY'S OFFICE AARON C. RP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2014 -15 was duly and regularly introduced on the 9th day of September, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23d day of September, 2014, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Daigle, Council Member Henn, Mayor Pro Tem Selich, Mayor Hill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of September, 2014. 1— STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } �P 464 City Clerk ✓ City of Newport Beach, California (Seal) CERTIFICATI= OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -15 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: September 13, 2014 Adopted Ordinance: September 27, 2014 In witness whereof, I have hereunto subscribed my name this day of 2014. FA I- 0 L ORN1I' 4k - I NUA� City Clerk City of Newport Beach, California (Seal)