Laserfiche WebLink
Qxs 12/02/14) <br />ORDINANCE NO. NS -2875 <br />AN EMERGENCY ORDINANCE OF THE CITY OF SANTA <br />ANA AMENDING SANTA ANA MUNICIPAL CODE <br />SECTION 33 -202 AND ADDING 33 -206 TO THE SANTA <br />ANA MUNICIPAL CODE RELATING TO PAYMENT OF <br />PREVAILING WAGES <br />WHEREAS, the California prevailing wage law requires contractors on public <br />works projects to be paid the general prevailing rate of per diem wages for work of a <br />similar character in the locality in which the work is performed; and <br />WHEREAS, under the California Constitution, Article XI, Section 5, the laws of <br />charter cities supersede state law with respect to municipal affairs of the charter cities; <br />and <br />WHEREAS, the California Supreme Court has held that the wage levels of <br />workers constructing locally funded public works are a municipal affair; and <br />WHEREAS, the City of Santa Ana ( "City ") is incorporated as a charter city, and <br />thus the City may exempt locally funded public works projects from state prevailing <br />wage requirements to conserve the City's limited financial resources; and <br />WHEREAS, the California Legislature passed Senate Bill 7, which enacted <br />California Labor Code 1782, requiring all California charter cities to adopt an ordinance <br />or charter amendment mandating compliance with state prevailing wage law on all <br />public works contracts in order to remain qualified for state funding on local public works <br />projects; and <br />WHEREAS, Section 1782 prohibits a charter city from receiving or using state <br />funding or financial assistance for a public works project unless the charter city requires <br />contractors to comply with California's state prevailing wage law on those projects; <br />WHEREAS, Section 1782 further provides that a charter city is eligible to receive <br />state funding or financial assistance if the city has a local prevailing wage ordinance for <br />all its public works contracts that includes requirements that are equal to, or greater <br />than, the state's prevailing wage requirements; <br />WHEREAS, in accordance with Section 200 of the City Charter, the City Council <br />has discretion to determine wages to be paid on City public works projects and may <br />require that prevailing wages be paid by contractors employed thereon; and <br />WHEREAS, the City Council finds that it is necessary to adopt an ordinance <br />requiring contractor compliance with state prevailing wage law on all City public works <br />projects in order to preserve the City's eligibility for state public works construction <br />Ordinance No. NS -2875 <br />Page 1 of 5 <br />