Ordinance No. 1147186
ORDINANCE NO. 1147
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, on July 23, 2012, in light of California's Supreme Court's opinion in
State Building and Construction Trades Council of California, AFL -CIO v. City of Vista,
the City Council of the City of Cypress adopted Ordinance No. 1134 amending Cypress
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, as expressly authorized by that opinion; and
WHEREAS, in or about October of 2013, Governor Brown signed into law Senate
Bill 7, enacting Labor Code section 1782, which became effective on January 1, 2014;
and
WHEREAS, Labor Code section 1782, subsection (a), prohibits a charter city
from receiving state funding or financial assistance for a construction project if the city
has an ordinance that authorizes a contractor to not comply with state prevailing wage
requirements on local construction projects funded by (non- state) city funds; and
WHEREAS, Labor Code section 1782, subsection (c), exempts "contracts for
projects of twenty -five thousand dollars ($25,000) or less when the project is for
construction work, or projects of fifteen thousand dollars ($15,000) or less when the
project is for alteration, demolition, repair, or maintenance work" from this rule; and
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 strikethrough 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
CIO v. City of Vista California Labor Code § 1782."
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.
187
FIRST READING at a regular meeting of the City Council of said City held on the
13th day of October, 2014 and finally adopted and orde posted at a regular meeting held
on the 27th day of October, 2014.
ATTEST:
I�r�O ^c2A'ti'1
CITY CLERK OF THE CITY OF CYPRESS
MAYO
F THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 27th day of October, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS