Ordinance No. 1134ORDINANCE NO. 1134
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING CYPRESS MUNICIPAL CODE § 21A -1 REGARDING
THE PAYMENT OF PREVAILING WAGES
WHEREAS, on January 25, 1999, the City Council of the City of Cypress adopted
Ordinance No. 985, declaring certain activities of the City to matters uniquely of local concern as
a duly adopted charter city; and
WHEREAS, in light of the opinion of the California Supreme Court, in the case of State
Building and Construction Trades Council of California, AFL -CIO v. City of Vista, the City
Council desires to clarify Municipal Code § 21A -1 so as to expressly exempt the City of
Cypress, acting as a charter city, from the requirement of paying prevailing wages under certain
circumstances set forth in that opinion.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 21A -1 of the Cypress Municipal Code is hereby amended to read,
in its entirety, as follows (deletions, if any, in text; insertions, if any, in bold and
underlined text):
"In adopting the provisions of this chapter, the City Council finds and
determines that purchasing and bidding and the procedures accompanying
therewith are matters of local concern subject only to the dictates of the Cypress
City Charter and this chapter. This determination by the City Council also includes
without limitation public projects and public works projects. The City Council
may, in its sole an unfettered discretion, elect not to pay prevailing wages on
any locally funded public works project to the maximum extent permitted by
the decision of the California Supreme Court in State Building and
Construction Trades Council of California, AFL -CIO v. City of Vista."
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each and every
section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 3. The City Clerk is hereby authorized and directed to certify as to the passage
of this Ordinance and to give notice thereof by causing copies of this Ordinance to be posted in
three (3) public places throughout the City.
FIRST READING at a regular meeting of the City Council of said City held on the 23rd day
of July, 2012 and finally adopted and order posted at a regular meeting held on th- t = -y of
August, 2012.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAY OF TH '' Y OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the 13th
day of August 2012, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
CITY CLERK OF THE CITY OF CYPRESS
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