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Home My WebLink About11/19/2014 - STAFF REPORTS - 2.P. olpALM$,b c V N �r .c `C °.a...co` 91 Pro City Council Staff Report DATE: November 19, 2014 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1863 PROPOSED ORDINANCE AMENDING THE PALM SPRINGS MUNICIPAL CODE TO REQUIRE PAYMENT OF PREVAILING WAGES FOR ALL PUBLIC WORKS PROJECTS FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1863. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1863, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.06.030 OF THE PALM SPRINGS MUNICIPAL CODE TO REQUIRE PAYMENT OF PREVAILING WAGES FOR ALL PUBLIC WORKS PROJECTS." STAFF ANALYSIS: On November 5, 2014, Ordinance No. 1863 was introduced for first reading, as noted below: ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1863, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.06.030 OF THE PALM SPRINGS MUNICIPAL CODE TO REQUIRE PAYMENT OF PREVAILING WAGES FOR ALL PUBLIC WORKS PROJECTS." Motion Councilmember Foat, seconded by Mayor Pro Tern Hutcheson, and carried 4-1 on a roll call vote. AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Mills. Item No. a�. ADOPTION OF ORDINANCE NOS. 1863 November 19, 2014 Page 2 of 2 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall become effective at 6:00 p.m. on December 31, 2014. mes Thompson David H. Ready, Es City Clerk City Manager /kd h Attachments: Ordinance No. 1863 02 ORDINANCE NO. 1863 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.06.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PAYMENT OF PREVAILING WAGES FOR PUBLIC PROJECT CONTRACTS. City Attorney Summary This Ordinance relates to the City's policies for the payment of wages for public project contracts. The current Code expressly exempted public project contracts from paying prevailing wages under Labor Code section 1770 et seq., as permitted by the California Constitution and the City's charter. Recently-enacted state law blocks state funding for construction projects if charter cities do not pay prevailing wages. Accordingly, this Ordinance requires the payment of prevailing wages for all public project contracts. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ORDAINS: SECTION 1. Section 7.06.030 of the Palm Springs Municipal Code is amended to read: 7.06.030 Prevailing Wages and Benefits (1) Contracts for public works projects, as defined in Section 1720 of the Labor Code, shall be subject to prevailing wage law (Labor Code Section 1770 et seq., as may be amended from time to time), except as specified in subsection (2) of this section. Any notice inviting bids for such public projects shall include notification of this subsection. (2) Unless funded in part or whole by state or federal loans or grants conditioned on the payment of prevailing wages, public works projects shall not be subject to prevailing wage law as described in Subsection (1) of this Section if Labor Code Section 1782, as added by Senate Bill 7 (2013), is held to be invalid or inapplicable to charter cities by any court of competent jurisdiction, or is otherwise repealed. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect at 6:00 pm on December 31, 2014. 03 Ordinance No. 1863 Page 2 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 19" DAY OF NOVEMBER, 2014. STEPHEN P. POUGNET MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1863 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 5t" day of November, 2014, and adopted at a regular meeting of the City Council held on the 19t" day of November, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 04 aP�•pLM$* iy P V N .Cq`/FPA�`P. DATE: November 19, 2014 SUBJECT: SB-7 Prevailing Wage Change and the Potential Impact on State and Federal Funding for Choosing Not to Adopt the New Prevailing Wage Rules TO: Memorandum to City Council FROM: Geoffrey S. Kiehl, Director of Finance and Treasurer SUMMARY SB-7 was Governor Brown's response to the California Supreme Court ruling that charter cities do not need to pay prevailing wages on public works projects. Cities are required to adopt the new prevailing wage rules or risk the forfeiture of state funding for public works projects. Since state funds are also used to fund the local match on federal projects, these state funds could also be at risk due to the unavailability of other funds to meet the match requirements. Federal funds distributed by the state may also be at risk. STAFF ANALYSIS: SB-7 added Labor Code section 1782 and provides that a charter city who by charter or ordinance exempts contractors from complying with state prevailing wage requirements on local public works projects are ineligible from receiving state funding or financial assistance. However, it does not apply to local public works projects for projects of $25,000 or less or local alteration, demolition, repair or maintenance projects of $15,000 or less. FISCAL IMPACT: All state funding would be at risk if Palm Springs' charter or ordinances do not require prevailing wages to be paid on public works projects in excess of $25,000 or alteration, demolition, repair or maintenance projects in excess of $15,000. In terms of what state funding is actually at risk, it would be any project in development and any projects that have been awarded or are eligible to be awarded state funding of financial assistance. Additionally, the local match on various federal projects typically is covered by utilizing state funding sources which no longer would be available. If replacement funding sources for these federal grant matches is not available, then by extension, the federal funds would also be at risk. Further, it is unclear whether or not federal grant funds 05 Memorandum to City Council November 19, 2014—Page 2 Prevailing Wage Change and Potential Impacts on Funding for Not Adopting New Rules which are distributed by the state would be at risk by not adopting the new prevailing wage rules. Active Public Works projects which are reliant upon state funding or federal funding with match requirements coming from state project funds equal $178.6 million. Another group of projects anticipated to be funded from future grants equals $6.5 million. Public Works projects completed over the last several years were funded by $86.7 million in state funds and federal projects whose match came from state funding. Geoffrey Kiehl, Director of Finance and Treasurer Attachment: List of state and federal Public Works projects 06 Summary of Public Works and Engineering Projects With SB-7 Prevailing Wage Potential Impacts ACTIVE FEDERAL AND STATE FUNDED PROJECTS Funded Expires Vista Chino Low Water Crossing Bridge* $95,000,000 6/30/2016 South Palm Canyon Bridge @ Arenas Channel* $4,875,000 6/30/2016 Indian Ave Bridge Replacement @ UPRR* $19,682,000 6/30/2019 Ramon Road Bridge @ Whitewater Channel* $28,506,000 6/30/2016 Bogert Trail Bridge @ Palm Canyon Wash* $5,024,200 6/30/2019 South Palm Canyon Bridge @ Tahquitz Creek* $6,165,000 6/30/2018 East Palm Canyon Bridge @ Palm Canyon Wash* $5,973,000 6/30/2018 Safe Routes to School $382,500 6/30/2016 Agua Caliente Cultural Museum Drainage and Roadway Project(Hermosa)* $1,193,000 6/30/2016 Traffic Management Center* $2,082,000 6/30/2019 Farrell Right Turn Lane @ Vista Chino* $482,000 6/30/2019 Ramon Road Pavement Rehabilitation(Sunrise to Compadre)* $500,000 6/30/2020 Mesquite Ave Widening,West of Belardo(Tribal Transporation Program [TTP]) $500,000 Arnica Sewer Improvements, Phase III(CDBG and Measure J funds) $328,000 6/30/2015 AQMD Solar Projects(DHUC, Fire Station 3,Visitor Center,Train Station) $1,175,000 6/30/2017 Add Second Left Turn Lane on Gene Autry Trail @ Vista Chino(Awarded 9/2/2014)* $330,000 6/30/2020 Bicycle Lanes on Crossley,S.Palm Cyn,Via Escuela,and San Rafael(Awarded 9/2/2014) $500,000 6/30/2020 Proposition 42 Replacement $1,740,000 6/30/2015 Tahquitz Creek Levee $1,200,000 6/30/2015 "'with Measure A used as a Local Match SUBTOTAL $175,637,700 ACTIVE MEASURE A FUNDED PROJECTS($16 M Total to be spent Annually) Sunrise Way and Ralph's Parking Lot(Signal Installation) $300,000 Pavement Condition Survey $250,000 Overlay and Reconstruction $920,000 Slurry Seal $500,000 Curb and Gutter Repairs 500,000 Bridge Repairs $$50,000 Jefferson@I-10 Interchange(Fair Share Contribution) $306,250 Ramon@I-10Interchange(Fair Share Contribution) $87,958 Date Palm @ 1-10 Intechange(Fair Share Contribution) $400,000 SUBTOTAL $2,914,208 TOTAL ACTIVE PROJECTS(FEDERAL,STATE) $178,551,908 ANTICIPATED PROJECTS TO BE FUNDED THROUGH FUTURE GRANTS Indian Ave @ 1-10Interchange Landscaping Project $1,000,000 Widening of San Rafael from Indian to Virginia $3,500,000 Ramon Road Widening 4-6 lanes(from El Cielo to Sunrise) $1,750,000 Sidewalks on Cerritos&Farrell Drive, Gap Closures $250,O00 SUBTOTAL $6,500,000 11/13/2014; 10:30 AM Summary of Projects With SB-7 Prevailing Wage Potential Impacts 07 Summary of Public Works and Engineering Projects With SB-7 Prevailing Wage Potential Impacts COMPLETED CAPITAL IMPROVEMENT PROJECTS Gene Autry Trail Widening from 2-4 Lanes thru Whitewater Wash $5,700,000 Gene Autry Trail Bridge Widening @ UPRR $4,000,000 Indian Canyon Way Widening from 2-4 Lanes thru Whitewater Wash $3,850,000 Indian Avenue @ 1-10Interchange Improvements $26,500,000 Gene Autry Trail @ 1-10 Interchange Improvements $32,700,000 Gene Autry Trail Gateway Landscaping $2,500,000 Belardo Bridge $4,500,000 Arnico Tract Sewer Improvements Phase I&11 $400,000 Bicycle Lane, Phase 1 $75,000 Desert Highland Unity Center,Small Parking Lot Repair $40,000 Desert Highland Unity Center, Main Parking Lot Repair $90,000 Sidewalk Repair at various Parks $80,000 Fire Station 1 Emergency Generator $150,000 2013 Annual Slurry Seal Projects $550,000 2013 Annual Overlay/Reconstruction Projects $2,450,000 Ruth Hardy Parks&Demuth Parks $160,000 Baristo Sidewalk $25,000 Trailhead Waste $5,000 Uptown Crosswalks $250,000 2013 Speed Survey $45,000 2014 Annual Slurry Seal (Measure A) $650,000 Tahcuitz Median Landscaping(from Indian to Sunrise) $2,000,000 SUBTOTAL $86,720,000 SUMMARY OF PROJECTS TOTAL ACTIVE PROJECTS(FEDERAL,STATE) $178,551,908 FUTURE ANTICIPATED PROJECTS $6,500,000 COMPLETED PROJECTS $86,720,000 (� 8 11/13/2014; 10:30 AM Summary of Projects With SB-7 Prevailing Wage Potential Impacts The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA92262 760-778-4578/Fax 760-776-4731 2014 DEC -3 PM 2: 31 State Of California ss: J A, S T I. County of Riverside G(TY GL :;;,; Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000499400 1 am over the age of 18 years old, a citizen of the United States and not a parry to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun 11/29/2014 No 1 ' SB5 ORDINANCE N0.1869 AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA,AMENDING SECTION C PALM L&ETOREQUIEP SPRINGS OF PREVAIL- ING WAGES FOR ALL PUBLIC WORKS PROJ- ECTS. C11yAnanWSummary ance atepo I acknowledge that I am a principal clerk of the printer of Trds Ordin rel s to Me Ciy's Ikieb for thepeyrrem of wagas for ppblic prged contracts. The Desert Sun, printed and published week) in the City The cumem Code agiresslya edpublicpmj- Y Y set wniracts from pavIn9 grovelling wages under of Palm Springs, County of Riverside, State of California. Labor Code.sect ion 1770 eta as permaletl by the California Corwglutwn and the a1v'a char�r. The Desert Sun was adjudicated a newspaper of general Race Mly<nacted Is lew III to tunding circulation on March 24, 1988 b the Superior Court of the for con swcl prowIec�Nchaner cltlea do nrn pay Y P purevailing wages. Ac p gy,this Oranarce re- County of Riverside, State of California Case No. g„�Pme�myrr ,ofvrevaingwagesforanpab- 191236. CERTIFICATION CO TUNTY O OF F CALIFORNIA �. I declare under penalty of perjury that the foregoing is true CITY OF PALM cctItryy Cdv and correct. Executed on this 29th day of November, 2014 dean n heereo�'cenlry Neat oMnarroe.Tb� 1863 is a NII,tma sn ar t copy and was Mro in Palm4Springs, la. arced at aregular tneetlng of thePalm Spdn ,CIaryv Council on Ure Sits day of Nov , 1 ,at a ragAar meetlng of the CC mfo�WiAig th el9M day of November,201AYES: Ommllmambert;FFoat, Lewin, Mayor IZESHCo o➢nantiernd Rlilrk�gnet �TA�' None ' Dec f♦,t JAMES THOMPSON,CITY CLERK .1-`1` . 1 Cdy of Palm SPdngs,Celilomie Published:1112e/14 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: November 19, 2014 Subject: Ordinance No. 1863 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on November 29, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. ILA Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary were posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on November 26, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. 1 Kathie Hart, MMC Chief Deputy City Clerk ORDINANCE NO. 1863 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.06.030 OF THE PALM SPRINGS MUNICIPAL CODE TO REQUIRE PAYMENT OF PREVAILING WAGES FOR ALL PUBLIC WORKS PROJECTS. City Attorney Summary This Ordinance relates to the City's policies for the payment of wages for public project contracts. The current Code expressly exempted public project contracts from paying prevailing wages under Labor Code section 1770 et seq., as permitted by the California Constitution and the City's charter. Recently-enacted state law blocks state funding for construction projects if charter cities do not pay prevailing wages. Accordingly, this Ordinance requires the payment of prevailing wages for all public project contracts. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1863 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 5th day of November, 2014, and adopted at a regular meeting of the City Council held on the 1gth day of November, 2014, by the following vote: AYES: Councilmembers Foat, Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet NOES: Councilmember Mills ABSENT: None ABSTAIN: None AP-NES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1863 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.06.030 OF THE PALM SPRINGS MUNICIPAL CODE TO REQUIRE PAYMENT OF PREVAILING WAGES FOR ALL PUBLIC WORKS PROJECTS. City Attorney Summary This Ordinance relates to the City's policies for the payment of wages for public project contracts. The current Code expressly exempted public project contracts from paying prevailing wages under Labor Code section 1770 et seq., as permitted by the California Constitution and the City's charter. Recently-enacted state law blocks state funding for construction projects if charter cities do not pay prevailing wages. Accordingly, this Ordinance requires the payment of prevailing wages for all public project contracts. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ORDAINS: SECTION 1. Section 7.06.030 of the Palm Springs Municipal Code is amended to read: 7.06.030 Prevailing Wages and Benefits (1) Contracts for public works projects, as defined in Section 1720 of the Labor Code, shall be subject to prevailing wage law (Labor Code Section 1770 et seq., as may be amended from time to time), except as specified in subsection (2) of this section. Any notice inviting bids for such public projects shall include notification of this subsection. (2) Unless funded in part or whole by state or federal loans or grants conditioned on the payment of prevailing wages, public works projects shall not be subject to prevailing wage law as described in Subsection (1) of this Section if Labor Code Section 1782, as added by Senate Bill 7 (2013), is held to be invalid or inapplicable to charter cities by any court of competent jurisdiction, or is otherwise repealed. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect at 6:00 pm on December 31, 2014. Ordinance No. 1863 Page 2 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 19" DAY OF NOVEMBER, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1863 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 5th day of November, 2014, and adopted at a regular meeting of the City Council held on the 19th day of November, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tem Hutcheson, and Mayor Pougnet. NOES: Councilmember Mills. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: November 19, 2014 Subject: Ordinance No. 1863 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on November 29, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. �L"dj--.e Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary were posted at City Hall, 3200 E, Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on November 26, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. 1 Kathie Hart, MMC Chief Deputy City Clerk �, '� A The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-45781 Fax 760-778-4731 N14 DEC -3 PM 2t3 State Of California as: J A: T t, County of Riverside CITY CLL�,- Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000499400 I am over the age of 18 years old, a citizen of the United Stales and not a parry to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun - 11/29/2014 No 1085 ' ORDINANCE NO.1669 AN ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA AMENDING SECTION 65 osoH TO REQUIRE PAYMENGOF PREVIAIL ING WAGES FOR ALL PUBLIC WORKS PROF ECTS. Chy AftoMYSunlrnery TNa Ordinance as f ro the Crays GOiei:for me I acknowledge that I am a principal clerk of the printer of peymaM M we as for ppblic pro act commas. The Desert Sun, printed and published weekly in the City The cu"M corps expressly ex g d Pblie Prat act contracts Iron,paNn9 preWllin wa BS under of Palm Springs, County of Riverside, State of California. Labor coda.seclant77.778 at sep. as rmarea by ryqgecCenatlllylorme Constltukon and the s chaner. The Desert Sun was adjudicated a newspaper of general eTn clionacted state law blocks m funding circulation on March 24, 1988 b the Superior Court of the for can p dcharleris do not pay Y P puPme tofPmeylr'9w foiealpe- County of Riverside, State of California Case No. eC pralep oonaecta 191236. CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVDEI I declare under penalty of perjury that the foregoing is true CITY OF PALM OOOOO��SS111II Win, TNOMPsoN.CIIY Clark of the 0 d and correct. Executed on this 29th day of November, 2014 Wain,Spri he MM cerlM G n e, lass is s Irue an COIfeCt and was intro - at Palm Springs, ornia. c Coulnso on may oI Pe .aim p�I and atlopted M a reputer maetinil of the Chv bOythe Iill het g th*, day Of November,201 AYES: CoundlmembersroFoat, Lewin, Mayor NOES::Tam HUChuMan,1 and mber Myllls�8 rmt ABSENT: None r 1 ABSTAIN' None - Dec nt's Signature \t 111 �11 JAMES THOMPSON,CITY CLERK City of Palm Springs.California aPublished:1112SM4 ORDINANCE NO. 1863 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.06.030 OF THE PALM SPRINGS MUNICIPAL CODE TO REQUIRE PAYMENT OF PREVAILING WAGES FOR ALL PUBLIC WORKS PROJECTS. City Attorney Summary This Ordinance relates to the City's policies for the payment of wages for public project contracts. The current Code expressly exempted public project contracts from paying prevailing wages under Labor Code section 1770 at seq., as permitted by the California Constitution and the City's charter. Recently-enacted state law blocks state funding for construction projects if charter cities do not pay prevailing wages. Accordingly, this Ordinance requires the payment of prevailing wages for all public project contracts. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1863 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 5th day of November, 2014, and adopted at a regular meeting of the City Council held on the 19th day of November, 2014, by the following vote: AYES: Councilmembers Foat, Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet NOES: Councilmember Mills ABSENT: None ABSTAIN: None ES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1863 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 7.06.030 OF THE PALM SPRINGS MUNICIPAL CODE TO REQUIRE PAYMENT OF PREVAILING WAGES FOR ALL PUBLIC WORKS PROJECTS. City Attorney Summary This Ordinance relates to the City's policies for the payment of wages for public project contracts. The current Code expressly exempted public project contracts from paying prevailing wages under Labor Code section 1770 at seq., as permitted by the California Constitution and the City's charter. Recently-enacted state law blocks state funding for construction projects if charter cities do not pay prevailing wages. Accordingly, this Ordinance requires the payment of prevailing wages for all public project contracts. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ORDAINS: SECTION 1. Section 7.06.030 of the Palm Springs Municipal Code is amended to read: 7.06.030 Prevailing Wages and Benefits (1) Contracts for public works projects, as defined in Section 1720 of the Labor Code, shall be subject to prevailing wage law (Labor Code Section 1770 et seq., as may be amended from time to time), except as specified in subsection (2) of this section. Any notice inviting bids for such public projects shall include notification of this subsection. (2) Unless funded in part or whole by state or federal loans or grants conditioned on the payment of prevailing wages, public works projects shall not be subject to prevailing wage law as described in Subsection (1) of this Section if Labor Code Section 1782, as added by Senate Bill 7 (2013), is held to be invalid or inapplicable to charter cities by any court of competent jurisdiction, or is otherwise repealed. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect at 6:00 pm on December 31, 2014. Ordinance No. 1863 Page 2 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 19" DAY OF NOVEMBER, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1863 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 5t" day of November, 2014, and adopted at a regular meeting of the City Council held on the 19th day of November, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: Councilmember Mills. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California