Resolution No. 2011-115RESOLUTION NO. 2011-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ORDERING THAT A MEASURE TO AMEND THE CITY
CHARTER TO INCLUDE A PREVAILING WAGES PROVISION BE
SUBMITTED TO THE VOTERS OF THE CITY AT THE
NOVEMBER 8, 2011 MUNICIPAL ELECTION
WHEREAS, the City of Vernon has long supported and has a
longstanding policy of complying with state law requirements related to
payment of prevailing wages for public works projects as set forth in
California Labor Code 1770 et seq.; and
WHEREAS, the state's prevailing wage law ensures competitive
wages for the workers entrusted with works projects funded in whole, or
in part, with City funds; and
WHEREAS, recent litigation unrelated to the City has raised
questions regarding the applicability of the state's prevailing wage
law to charter cities; and
WHEREAS, in light of the foregoing, the City Council desires
to reconfirm the City's commitment to its longstanding policy of
complying with the state's prevailing wage law and to propose to the
voters of the City an amendment to the City's Charter to confirm the
applicability of the state's prevailing wage law to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: BALLOT MEASURE.
(a) The City Council does hereby order submitted to the
voters at the November 8, 2011 municipal election the following
measure:
Measure
Shall the Vernon City Charter YES
be amended to reaffirm the
City's longstanding policy of
ensuring the payment of
NO
prevailing wages on public
works projects?
(b) The text of the proposed amendment to be submitted to
the voters is attached hereto as Exhibit A and incorporated herein by
reference.
SECTION 2: ELECTION PARTICULARS.
In all particulars not recited in this Resolution, the
election shall be held and conducted as provided by law for holding
municipal elections, The ballots to be used in the election shall be
in the form and content required by law.
SECTION 3: IMPARTIAL ANALYSIS.
The City Council hereby directs the City Clerk to transmit a
copy of the measure to the City Attorney. The City Attorney shall
prepare an impartial analysis for the measure pursuant to California
Elections Code Section 9280.
SECTION 4: FURNISHING OF ALL NECESSARY SUPPLIES.
The City Clerk is authorized, instructed, and directed to
procure and furnish any and all official ballots, notices, printed
matter, and all supplies, equipment, and paraphernalia that may be
necessary to properly and lawfully conduct the election.
- 2 -
SECTION 5: CERTIFICATION OF PASSAGE.
The.City Clerk of the City of Vernon shall certify to the
passage, approval and adoption of this resolution, and the City Clerk
of the City of Vernon shall cause this resolution and the City Clerk's
certification to be entered in the File of Resolutions of the Council
of this City.
APPROVED AND ADOPTED this 27th day of June, 2011.
Name: Hilario Gonzales
Title: Mayor,M-yo��e
- 3 -
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2011-115, was duly passed, approved and adopted by the City Council
of the City of Vernon at a special meeting of the City Council duly
held on Monday, June 27, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this 1 day of June, 2011, at Vernon, California.
(SEAL)
- 4 -
EXHIBIT A
EXHIBIT A
BALLOT MEASURE AMENDING THE
CHARTER OF THE CITY OF VERNON
The People of the City of Vernon do hereby amend the Charter of
the City of Vernon as follows:
1. Chapter 8.13 of Article VIII of the Charter of the City of
Vernon will read as follows:
"CH: 8.13 Prevailing Wages
The provisions of California Labor Code 1770 et.
seq. regarding the payment of prevailing wages on
public works and related regulations, as now existing
and as may be amended, are accepted, reaffirmed and
made applicable to the City, its departments, boards,
officers, agents and employees."
2. The City Clerk is directed to certify to the passage of this
Charter Amendment and to file it in the Office of the Secretary
of State forthwith, and to take such other actions as are
necessary to give effect to its passage.
PASSED AND ADOPTED BY THE VOTERS THIS DAY OF
2011.
Hilario Gonzales, Mayor
ATTEST:
Willard G. Yamaguchi, City Clerk
A-1
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: June 29, 2011
TO: Michael Montgomery, Interim City Attorney
Mark Whitworth, City Administrator
FROM: Willard Yamaguchi, City Clerk � n
RE: Resolution No. 2011-115 - A Resolution of the City Council
of the City of Vernon Ordering That a Measure to Amend the
City Charter to Include a Prevailing Wages Provision be
Submitted to the Voters of the City at the November 8, 2011
Municipal Election
Transmitted herewith is a copy of Resolution No. 2011-115 referenced
above, which was approved by City Council on June 27, 2011.
Thank you.
WY:dj
c: Ana Barcia
Resolution No. 2011-115
�1y8 Y tN -
STAFREPORT
CITY ADMINISTRATION
DATE June23, 2011
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator M W /K
RE`: Prevailing Wages Charter Amendment Measure
The City of Vernon has long supported and has a longstanding policy of complying with state
law requirements related to payment of prevailing wages for public works projects, as set forth in
California Labor Code 1770 et seq. These measures ensure competitive wages for the workers
entrusted with works projects funded in whole, or in part, with City funds. Recent litigation
unrelated to the City of Vernon, however, has raised questions regarding the applicability of the
state's prevailing wages provisions to charter cities. Accordingly,' to reaffirm the City's
commitment to compliance with the state's prevailing wage requirements, regardless of the
outcome of this recent litigation,it is recommended that the City Council adopt a resolution
calling for a vote of the electorate to add the following provision to the City's Charter
Prevailing Wages: The provisions of California Labor Code 1770 et. seq.
regarding the payment of prevailing wages on public works and related
regulations, as now existing and as may be amended, are accepted, reaffirmed and
made applicable to the City, its departments, boards, officers, agents and
employees.
This provision is substantially identical to the prevailing wages measure codified in the City of
Los Angeles's Charter.
A charter amendment requires approval by the City's electorate: In the interest of presenting the
ballot measure to the voters as soon as possible, it is recommended that the City Council place
the prevailing wage Charter amendment measure on the ballot at the next municipal election of
November 8, 2011.