HomeMy WebLinkAbout2013-6 - Exempting Locally Funded Public Works Projects from Prevailing WageRESOLUTION NO. 2013-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH EXEMPTING LOCALLY FUNDED
PUBLIC WORKS PROJECTS FROM PREVAILING WAGE
WHEREAS, the California 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 the California Constitution, Article XI, Section 5, the laws of
charter cities supersede state law with respect to municipal affairs of the city;
WHEREAS, the California Supreme Court has held that the wage levels of
workers constructing locally funded public works are a municipal affair, and therefore a
charter city's prohibition on the payment of prevailing wage supersedes state law; and
WHEREAS, the City of Newport Beach ( "City ") is incorporated as a charter city,
and thus the City may exempt locally funded public works projects from prevailing wage
to conserve the City's limited resources.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
SECTION 1: The City of Newport Beach exempts locally funded public works
projects from prevailing wage, unless: (1) prevailing wage is compelled by the terms of
a federal or state grant or is otherwise funded from a source that requires prevailing
wage; (2) the public work is a matter of statewide concern; or (3) the payment of
prevailing wage is separately authorized by the City Council, because the project is of a
complexity and nature that the public interest would be served by requiring prevailing
wage.
SECTION 2: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution,
ADOPTED this 22nd day of January, 2013.
Keith Curry, Uayor
Attest:
Leilani Brown, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } a$.
CITY OF NEWPORT BEACH }
E, Leilani 1. 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 resolution, being Resolution
No. 2013 -6 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 22 "d day of January, 2013, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Pettus, Hill, Selich, Henn, Daigle, Mayor Curry
Noes: None
IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed the official seal of
said City this 23rd day of January 2013.
0 � r
City Clerk
Newport Beach, California
(Seal)