Redondo Beach: Ordinance, repealing chapter 3 of title 7,

City of Redondo Beach

ORDINANCE NO. 3118-13

AN ORDINANCE OF THE CITY OF REDONDO BEACH, CALIFORNIA, REPEALING CHAPTER 3 OF TITLE 7 OF THE REDONDO BEACH MUNICIPAL CODEREGARDING LABOR CODE COMPLIANCE

WHEREAS, the State Legislature recently passed, and the Governor signed, Senate Bill 7, which states in relevant part that “[a] charter city shall not receive or use state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with the provisions of [Article 2 of Chapter 1 of Part 7 of Division 2 of the California Labor Code] on any public works contract”; and

WHEREAS, as a result of the potential risk that the State of California might take the position that the City has lost its state funding and financial assistance for construction projects as a result of Senate Bill 7 because the City had Chapter 3 of Title 7 of the Redondo Beach Municipal Code pertaining to Labor Code Compliance in effect, the City will repeal such provisions.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH DOES ORDAIN AS FOLLOWS:

SECTION 1.  Chapter 3ofTitle 7 of the Redondo Beach Municipal Code is hereby repealed in its entirety.

SECTION 2.This Ordinance shall be effective on the 30th day from the date of its adoption, after publication has been made in the manner required by the Redondo Beach Charter.

SECTION 3.  It is the City Council’s intent that the repeal of Chapter 3 of Title 7 of the Redondo Beach Municipal Code retroactively apply beginning on December 27, 2013.

SECTION 4.  Any provisions of the Redondo Beach Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

SECTION 5.  If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.  The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared valid or unconstitutional.

SECTION 6.  This Ordinance shall be published by one insertion in the official newspaper of the City, and the same shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

 

PASSED, APPROVED and ADOPTED this 7th day of January, 2014.

______________________________

Steve Aspel, Mayor

ATTEST:

STATE OF CALIFORNIA                 )

COUNTY OF LOS ANGELES         )           SS

CITY OF REDONDO BEACH         )

I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that the foregoing Ordinance No. 3118-13 was duly introduced at a regular meeting of the City Council held on the 26thday of December, 2013, and was duly approved and adopted by the City Council at a regular meeting of said City Council held on the 7thday of January, 2014, by the following vote:

AYES:

 NOES:

 ABSENT:

 ABSTAIN:

                                                            

Eleanor Manzano, City Clerk

APPROVED AS TO FORM:

                                                            
Michael W. Webb, City Attorney

 Easy Reader Inc/Redondo Beach News/January 16, 2014/RD14-006

City of Redondo Beach

ORDINANCE NO. 3119-13

AN URGENCY ORDINANCE OF THE CITY OF REDONDO BEACH, CALIFORNIA, REPEALING CHAPTER 3 OF TITLE 7 OF THE REDONDO BEACH MUNICIPAL CODE REGARDING LABOR CODE COMPLIANCE

THE CITY COUNCIL OF THE CITY OF REDONDO BEACH DOES ORDAIN AS FOLLOWS:

SECTION 1.  The City Council of the City of Redondo Beach, as the legislative body of the City, makes the following findings in support of this Urgency Ordinance:

A.        The State Legislature recently passed, and the Governor signed, Senate Bill 7, which states in relevant part that “[a] charter city shall not receive or use state funding or financial assistance for a construction project if the city has a charter provision or ordinance that authorizes a contractor to not comply with the provisions of [Article 2 of Chapter 1 of Part 7 of Division 2 of the California Labor Code] on any public works contract.”

B.        As a result of the potential risk that the State of California might take the position that the City has lost its state funding and financial assistance for construction projects as a result of Senate Bill 7 because the City had Chapter 3 of Title 7 of the Redondo Beach Municipal Code pertaining to Labor Code Compliance in effect, the City will immediately repeal such provisions.

C.        This Ordinance is urgently necessary due to the potential of losing state funding and financial assistance for construction projects as a result of Senate Bill 7 which goes into effect January 1, 2014.  This state funding and financial assistance is used for a variety of construction projects that protect the public peace, health and safety of the City, and the loss of these moneys would be devastating to the City.  Thus, this Ordinance repealing the City’s Ordinance prior to January 1, 2014 is immediately necessary for the immediate preservation of the public peace, health and safety of the City.

SECTION 2.Chapter 3 of Title 7 of the Redondo Beach Municipal Code is hereby repealed in its entirety.

SECTION 3.  It is the City Council’s intent that the repeal of Chapter 3 of Title 7 of the Redondo Beach Municipal Code applies beginning on December 27, 2013.

SECTION 4.Any provisions of the Redondo Beach Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

SECTION 5.If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.  The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared valid or unconstitutional.

SECTION 6.The City Clerk shall certify to the passage and adoption thereof in the records and proceedings of the City Council at which the same is passed and adopted. This ordinance shall be published by one insertion in the official newspaper of said city, and same shall go into effect immediately.

PASSED, APPROVED and ADOPTED this 26th day of December, 2013.

                                                                         ____________________________________

                                                                        Steve Aspel, Mayor

 ATTEST:

 STATE OF CALIFORNIA                 )

COUNTY OF LOS ANGELES         )           SS

CITY OF REDONDO BEACH         )

 I, Eleanor Manzano, City Clerk of the City of Redondo Beach, California, do hereby certify that the foregoing Ordinance No. 3119-13 was duly approved and adopted by the City Council at a regular meeting of said City Council held on the 26th day of December, 2013, by the following vote:

 AYES:             GINSBURG, BRAND, AUST, SAMMARCO, KILROY

 NOES:            NONE

 ABSENT:       NONE

 ABSTAIN:      NONE

                                                            

Eleanor Manzano, City Clerk

APPROVED AS TO FORM:                                                            

Michael W. Webb, City Attorney

Easy Reader Inc/Redondo Beach News/January 16, 2014/RD14-007

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