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NS-2875
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Last modified
12/30/2014 10:45:56 AM
Creation date
12/30/2014 10:45:37 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2875
Date
12/16/2014
Destruction Year
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Sec. 33 -206. - Prevailing wages required. <br />Except on locally funded public works projects of twenty -five thousand dollars <br />($25,000) or less when the project is for construction work, or fifteen thousand dollars <br />($15,000) or less when the project is for alteration, demolition, repair or maintenance <br />work, all contractors performing work on a City public works project shall be subject to <br />California prevailing wage law, codified at California Labor Code Section 1782, et seq, <br />as it may be amended from time to time. The only limitation on this requirement shall <br />be in the event federal funding requirements supersede state prevailing wage laws. <br />SECTION 3. The adoption of this ordinance is exempt from CEQA and a Notice <br />of Exemption will be filed if this ordinance is adopted. <br />SECTION 4. California Government Code Section 36937 authorizes the City <br />Council to adopt an urgency ordinance, by a four -fifths vote, without following the <br />procedures otherwise required for the adoption of an ordinance, in order to protect the <br />public peace, health or safety. This ordinance shall be immediately effective pursuant to <br />Section 415 of the City Charter. <br />SECTION 5. The City Council finds, determines and declares that the current <br />and immediate threat to the public health, safety and welfare of the city and its citizens <br />necessitates the immediate enactment of the ordinance. The facts constituting such <br />urgency are set forth as follows: <br />1) The California State Legislature enacted SB7 which mandates that <br />Charter Cities that do not have prevailing wage ordinances in place by that <br />January 1, 2015 will not be able to receive State funding or other financial <br />assistance. <br />2) SB7, codified in California Labor Code Section 1782, effective <br />January 1, 2015, requires that Charter Cities must have a local prevailing wage <br />ordinance in order to be eligible to receive to State funding or other financial <br />assistance for construction projects. <br />3) Santa Ana is a Charter City which currently does not a have a <br />prevailing wage ordinance. <br />4) This ordinance will immediately provide for payment of prevailing <br />wages as required by State Law. <br />5) Failure to adopt an urgency ordinance will result in the City being <br />unable to obtain State Funding for future construction projects which likely will <br />exceed millions of dollars. <br />6) Such loss of funding will require diversion of other funds away from <br />other critical programs, included but not limited to, police, fire and parks. <br />SECTION 6. The Clerk of the Council shall certify to the adoption of this <br />ordinance and cause the same to be published in the manner prescribed by law. <br />Ordinance No. NS -2875 <br />Page 3 of 5 <br />
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