HomeMy WebLinkAboutOrd 1992-2504 ORDINANCE NO. 2504
AN ORDINANCE ADDING SECTION 2.58.070 TO THE CHULA
VISTA MUNICIPAL CODE REGULATING THE PAYMENT OF
PREVAILING WAGES FOR CONTRACTS LET BY THE CITY
WHEREAS, Labor Code Section 1770 et seq. requires a public entity to pay
prevailing wages on public works projects;
WHEREAS, on May 20, 1986, the City Council of the City of Chula Vista
adopted Resolution No. 12493 rescinding Resolution No. 7532 which established
the prevailing wage rates as those listed in the published book entitled
"Equipment Rental Rates and General Prevailing Wage Rates," published by the
State of California;
WHEREAS, Resolution 12493 limited payment of the prevailing wage to
"projects which are required to have the prevailing wage schedule due to their
funding by State or Federal programs, the booklet entitled 'Equipment Rental
Rates and General Prevailing Rates,' published by the State of California
shall be used for said projects";
WHEREAS, the City Council has consulted its City Attorney who has
determined that the prevailing wage requirements of the Labor Code do not
pertain to local public works projects of a chartered city, when the City is
contracting for projects which are limited to "municipal affairs," and State
or Federal funding do not otherwise require the payment of the prevailing
wage;
WHEREAS, this Ordinance codifies the policy incorporated in Resolution
No. 12493 by limiting payment of the prevailing wage requirements to public
works projects which involve "statewide concerns," or where required by State
or Federal programs;
NOW THEREFORE, the City Council of the City of Chula Vista does ordain
as follows:
SECTION 1. Section 2.58.070 is hereby added to the Municipal Code, and
said Section shall read as follows:
2.58.070 Payment of Prevailing Wages
No contract shall require payment of the prevailing wage schedule
unless:
A. The prevailing wage is legally required, and
constitutionally permitted to be imposed, by Federal or
State grants; or
B. The project is considered by the City Council not to be a
municipal affair of the City; or
Ordinance No. 2504
Page 2
C. Payment of the prevailing wage is authorized by resolution
of the city council.
Payment of the prevailing wage schedule if authorized hereunder,
shall use the pertinent rates published by the State of
California.
Presented by
Ordinance No. 250q
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 21th day of April, 1992, by the following vote:
AYES: Councilmembers: Grasser Hotton, Malcolm, Moore,
Rindone
NOES: Councilmembers: Nader
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
David Malcolm
Mayor Pro-Tempore
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2504 had its first reading on
April 7, 1992, and its second reading and adoption at a regular meeting of
said City Council held on the 21th day of April, 1992.
Executed this 21th day of April, 1992.
Beverly ~A~helet, City Clerk