HomeMy WebLinkAbout2014-11-18; City Council; 21785; Ordinance Repealing Code Section 3.28.130 Prevailing WagesCITY OF CARLSBAD - AGENDA BILL
'^B* 21,785 ADOPTION OF AN ORDINANCE REPEALING
MUNICIPAL CODE SECTION 3.28.130 REGARDING
THE PAYMENT OF PREVAILING WAGES.
DEPT.DIRECTOR (^Vj^
MTG. 11/18/14
ADOPTION OF AN ORDINANCE REPEALING
MUNICIPAL CODE SECTION 3.28.130 REGARDING
THE PAYMENT OF PREVAILING WAGES.
CITY ATTORNEY
DEPT. Clerk
ADOPTION OF AN ORDINANCE REPEALING
MUNICIPAL CODE SECTION 3.28.130 REGARDING
THE PAYMENT OF PREVAILING WAGES. CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-265 repealing Carlsbad Municipal Code Section 3.28.130 regarding the payment of
prevailing wages.
ITEM EXPLANATION:
Ordinance No. CS-265 was introduced and first read at the City Council meeting held on November 4, 2014.
The second reading allows the City Council to adopt the ordinance. The City Clerk will have the ordinance or
a summary ofthe ordinance published within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,778 on file in the Office ofthe City Clerk.
ENVIRONMENTAL IMPACT:
This action does not constitute a project as defined under CEQA (California Environmental Quality Act)
pursuant to Public Resources Code Section 21065 in that the proposed ordinance would not cause any direct
physical change in the environment.
EXHIBIT:
Ordinance No. CS-265.
DEPARTMENT CONTACT: Shelley Collins (760)434-2917 shellev.collins(a)carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUEDTO DATE UNKNOWN •
, CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
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ORDINANCE NO. CS-265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.28 OF
THE CARLSBAD MUNICIPAL CODE BY DELETING SECTION 3.28.130
IN ITS ENTIRETY
WHEREAS, the State of California has passed Labor Code Section 1782, which
prohibits charter cities from receiving state funding or assistance for construction projects if
the charter city has an ordinance that authorizes contractors to not pay prevailing wages on
construction projects; and
WHEREAS, Carlsbad Municipal Code Section 3.28.130 exempts public works
contracts from prevailing wage law when the projects are a municipal affair; and,
WHEREAS, the City of Carlsbad desires to continue to receive state funding or
assistance for construction projects.
NOW, THEREFORE, the City Council ofthe City of Carlsbad ordains as follows
that:
1. The above recitations are true and correct.
2. Carlsbad Municipal Code Title 3, Chapter 3.28 is amended by repealing Section
3.28.130 in its entirety.
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1 EFFECTIVE DATE: This ordinance shall be effective January 1, 2015; and the City
2 Clerk shall certify to the adoption of this ordinance and cause the full text of the ordinance or a
3 summary of the ordinance prepared by the City Attorney to be published at least once in a
4 newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
6 the 4th day of November 2014, and thereafter.
7 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
8 City of Carlsbad on the ISthday of November , 2014, by the following vote to wit:
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AYES: Hall, Wood, Schumacher, Blackburn.
NOES: Packard.
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ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
CELIA A. BRtWH^, City > I g CELIA A. BREWER, City Attorney
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ATTEST:
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