6311 ORDINANCE NO. 6311
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REPEALING RESOLUTION NO. 98R-94 AND
EXPRESSING INTENT TO COMPLY WITH CALIFORNIA SENATE
BILL NO. 7 RELATING TO PREVAILING WAGE LAW FOR
LOCALLY-FUNDED PUBLIC WORKS PROJECTS.
WHEREAS, the State prevailing wage law requires contractors on public works projects
to be paid in the general prevailing rate of per diem wages for work of a similar character in the
locality in which the work is performed; and
WHEREAS, under California Constitution, Article XI, Section 5, the laws of charter
cities supersede State law with respect to municipal affairs of the city; and
WHEREAS, the City of Anaheim ("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; and
WHEREAS, on May 19, 1998, the City Council adopted Resolution No. 98R-94,
whereby the City required contractors and subcontractors on Public Works, as that term is defined in
Section 1211 of the Charter of the City of Anaheim but excluding from that definition maintenance
and repair, to pay workers not less than the prevailing rates of wages as determined by the Director of
the California Department of Industrial Relations; and
WHEREAS, California Senate Bill No. 7("SB 7"), approved on October 13, 2013, which
added Section 1782 to the California Labor Code, and 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 of their municipal construction
contracts, including those classified as repair and maintenance; 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, far now, by
complying with California's prevailing wage law as delineated in California SB 7 and California
Labor Code Section 1782.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Resolution No. 98R-94 is hereby repealed and of no further effect.
-1-
SECTION 2.
The City will comply with California Labor Code and California's prevailing wage law,
on any public works contracts, as such term is defined under California Labor Code Section 1720 et
seq., to receive State funding for construction projects pursuant to and in compliance with California
Senate Bill No. 7 and California Labor Code Section 1782.
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.
lf California Senate Bill No. 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 98R-94 shall
be reinstated in full force and 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.
The City Council finds that 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 for resulting in physical change to the environment,
directly or indirectly.
SECTION 7. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid,
it is the intent of the City Council that it would have adopted all other portions of this ordinance
independent of the elimination herefrom of any such portion as may be declared invalid.
-2-
SECTION 8 . SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or
the penal provisions applicable to any violation thereo£ The provisions of this ordinance, insofar as
they are substantially the same as ordinance provisions previously adopted by the City relating to the
same subject matter, shall be construed as restatements and continuations, and not as new
enactments.
SECTION 9. EFFECTIVE DATE.
The provisions of this ordinance shall become effective and be in full force and effect on
the thirty-first day after its adoption.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 18thday of November , 2014, and thereafter
passed and adopted at a regular meeting of said City Council held on the 25th day of
Novemher , 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: �ne
ABSTAIN: None
CITY OF ANAHEIM
�
By: '` " t
MAYOR OF TH CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CI OF A HEIM
]04968.1
-3-
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6311 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 18th day of November, 2014, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 25th day of November, 2014, by the
following vote of the members thereof:
AYES: Mayor Tait and Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of November, 2014.
11111
CITY CLERK OF E CITY F ANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6311 and was published in the Anaheim Bulletin on the 4th day of
December, 2014.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
December 4, 2014
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct'
Executed at Santa Ana, Orange C�oun
California, on
Date: December 4, 2014
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
ORDINANCE NO. 6311
,e
o AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE
:U .CITY OF ANAHEIM REPEALING RESOLUTION NOi 98R-94 AND.
EXPRESSING' INTENT TO COMPLY WITH CALIFORNIA SEN-
I- ATE BILL NO. 7 RELATING TO PREVAILING WAGE LAW FOR
_N LOCALLY -FUNDED PUBLIC WORKS PROJECTS.
e
arWHEREAS, the State prevailing wage law requires contractors on public
m works projects to be paid 'in the gge�neral prevailing rate of per diem wages for work of a
-is similar character inthe locality inwhidh the;work is performed; and
>u
'0 WHEREAS, under California Constitution, Article XI, Section 5, the laws of
in charter cities supersede State law with respect to municipal affairs of the city; and
h
WHEREAS ,'the City of Anaheim ("City") is a charter cliI duly organized and
validly existing under the laws o the state of California, and thus the CCity may ezempt'itself
from prevailing wage requirements; and
WHEREAS, on May 19, 1998, the City Council adopted'Resolution No. 98R-94,
whereby the City required contractors and subcontractors on Public Works, as that term is
defined in Section 1211 of the Charter of the City of Anaheim but excluding from that defihi-
tion maintenance and repair, to pay workers not less than the prevailing rates of wages as
determined by the Director of the California Department of Indysttie Relations; and
2o13, which added Section 1782 to the Californig-tabor Code, and provides iiia{the State
has limited financial resources and resolves only to extend financial assistance to construc-
tion projects of those charter cities that require compliance with the prevailing wage law on
all of thair municipal construction contracts, including those classified as repair and main-
tenance;and
WHEREAS, notwithstanding the City's Constitutional right to exempt locally -
funded projects from prevailingg wage, the City finds its financial interests are best served,
for now, by complyingg with Cal'ifornia's prevailing wage Taw as delineated in California SB 7
and California Labor Code Section 1782.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
Resolution No. 98R-94 is hereby repealed and of no further effect,
SECTION 2.
The City will comply with California Labor Code and Calffomia's prevailing
wage law, on any public works contracts, as such term is defined under California Labor
Code Section 1720 et seq to receive State funding for construction projects pursuant to
and in compliance with California Senate Bill No. 7 and California Labor Code Section
SECTION 3.
The provisions of this ordinance do not restrict the City from receiving or using
State funding or financial assistance awarded prior to Janyary 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 California Senate Bill No. 7 is, for any reason, held to be invalid or inapplica-
ble to charter cities by any court of competent jurisdiction or is otherwise repealed, this or-
dinance shall automatically sunset and be of no further effect and immediately thereafter,
Resolution 98R-94 shall be reinstated in full force and effect without further action by the
City Council.
SECTION 5.
• itel .nr^ti';lir[ ,Ori1i4�> rl 'e- •ar9't $ I.9kL�9.ai.. Lde6't9iin ichaorat-
SECTION 6.
The CityLouncil finds that this ordinance is not subject to the California Envi-
ronmental Quality Act {CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reason fora eeable Indirect ph sicat change in the environment) and
1506%)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guide-
lines, CCallifornia Code of Regulations; Title 14, Chapter 3, because it has no potential for re-
sulting in physical change to the environment, directly or indirectly. .
SECTION7. SEVERABILITY.
The City Council "of the City of Anaheim hereby declares that should any sec-
tion, paragraph, sentence; phrase, term or word of this ordinance be declared for any rea-
son to be invalid, it is the intent of the City Council that it would have adopted all other por-
tions of this ordinance independent of the elimination herefrom of any such portion as may
be declared invalid.
SECTION 8. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of
this City shall inany manner affect the Prosecution for violations of ordinances which viola-
tions were committed PPrior to the effective date hereof, nor be construed as a waiver of any
license or penalty or the penal provisions applicable to any Violation thereof. The provi-
sions of this ordinance, insofar as they are substantially the same as ordinance provisions
previously adopted by the City relating to the same subject matter, shall be construed as
restatements and continuations, and not as new erlactments.
SECTION 9. EFFECTIVE DATE.
The provisions of this ordinance shall become effective and be In full force
and effect on the thirty-first day after its adoption.
THE FOREGOING ORDI[JANCE was introduced at a regular meeting of the
City Council of the City of Anaheim herd on the 18th day of November, 2014, and thereafter
passed and adopted at a regular meeting of said City Council held .on the 25th day of No-
vember, 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES':. None
BSTAIN: None
CITY OF ANAHEIM
B : /s/ Tom Tait
1ST;`
MAYOR OF THE CITY OF ANAHEIM
/a/ Linda N. Andal
' ERK OFTHE CITY QF ANAHEIM
Anaheim Bulletin T)ecember 4. 9014 9995916'