Chapter 2.42 PREVAILING WAGES FOR PUBLIC WORKS

Chapter 2.42
PREVAILING WAGES FOR PUBLIC WORKS

Sections:

2.42.030 Reference to prevailing wages and notice of contract.

2.42.010 City Labor Code compliance.

A. Payment of Prevailing Wages. Except as provided in Section 2.42.020, no city contract shall require payment of the prevailing wage schedule unless:

1. The prevailing wage is legally required, and constitutionally permitted to be imposed, by federal or state grants pursuant to federal or state law; or

2. The project is considered by the city council not to be a municipal affair of the city; or

3. Payment of the prevailing wage schedule is authorized by resolution of the city council.

Payment of the prevailing wage schedule, if authorized hereunder, shall use the pertinent rates published by the state of California.

B. California Labor Code Compliance. Except as provided in Section 2.42.020, and unless otherwise required by law or the provisions of this code, the city is not subject to the provisions of Article 1, 1.5, or 2 of Chapter 1, Part 7, Division 2 of the California Labor Code, or with any provisions of the California Administrative Code enacted pursuant to those articles.

C. Volunteer Services. The provisions of Section 1720.4 of the California Labor Code, excluding Subsection 1720.4(1)(C), shall be applicable in the city. (Ord. 2014-07 § 1, 2014)

2.42.020 Compliance with S.B. 7.

A. Purpose and Findings. The purpose of this section is to ensure that the city of Dinuba remains eligible to receive funding for various projects from the state of California while preserving the city’s ability to control the manner in which it contracts for municipal projects. The city council of the city of Dinuba finds that S.B. 7, adopted by the Legislature of the state of California in 2013, unconstitutionally conditions the ability of the city of Dinuba to receive funding from the state of California on the city’s compliance with the state prevailing wage law for all local projects, even those that do not utilize state funding. The city council finds that such requirement will cause local projects, which do not involve any state funding and must therefore be paid for entirely from local funds, to increase in cost significantly, thereby constituting a detriment to the residents of the city of Dinuba whose tax dollars are utilized for local projects. The city council further finds that S.B. 7 has been challenged by other cities on constitutional grounds, and such litigation is still pending as of the adoption of the ordinance codified in this section. The city council finds that, as long as S.B. 7 (California Labor Code Section 1782) remains valid law, the city intends to comply with S.B. 7’s conditions regarding local projects in order to continue to receive state funding on nonlocal projects, but if S.B. 7 (California Labor Code Section 1782) is held to be invalid and inapplicable to charter cities, then the city of Dinuba should no longer apply the state prevailing wage law to local projects. In furtherance of these findings, it is intended that the provisions of this section cease to be applicable in the event that S.B. 7 (California Labor Code Section 1782) is found by a court of law in the state of California to be invalid or its enforcement and effect is stayed pending appellate review.

B. Compliance with State Prevailing Wage Laws. Subject to subsection (C) of this section, all city contracts for public works shall require payment of the prevailing wage schedule and shall comply with Article 2 of Chapter 1, Part 7, Division 2 of the California Labor Code, and with California Administrative Code provisions enacted pursuant to those articles.

C. Repeal or Suspension of Section in Event of Invalidity of State Law or Stay of Enforcement.

1. This section shall no longer be of any force or effect upon the entry into the official records of the city of Dinuba of a final judgment invalidating California Labor Code Section 1782 (Senate Bill Number 7 (2013)) entered in the matter of City of El Centro et al. v. Lanier et al. (San Diego Superior Court Case Number 37-2014-00003824-CU-WM-CTL, filed February 20, 2014) or any other action challenging said section. A statutory invalidation, for the purposes of this section, includes a judgment finding that Senate Bill Number 7 (2013) (California Labor Code Section 1782), and any amendments thereto, is not a matter of statewide concern and/or does not apply to the municipal affairs of any charter city.

2. This section shall not be given effect during the period of time that a judicial order staying the enforcement of S.B. 7 (2013) (California Labor Code Section 1782) pending judicial review remains in effect, provided the order implementing such a stay is entered into the official records of the city of Dinuba. (Ord. 2014-07 § 2, 2014)

2.42.030 Reference to prevailing wages and notice of contract.

The notice calling for bids for construction, alteration, demolition and repair of public works and the contracts for such work shall contain provisions referring to the most recent resolution determination the prevailing rate of per diem wages and the prevailing rate for holiday and overtime work and requiring payment of not less than the prevailing rate to all workers employed on the project for those public works that the council, in its discretion, deems necessary to pay a prevailing wage rate to all persons employed on the project. (Ord. 94-12 § 2 (part), 1994)