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<br />Please note that the provisions of the prevailing wage law! may be inapplicable to the public <br />works projects of a charter city such as San Leandro, so long as the projects in question are within <br />the realm of municipal affairs and not projects of state concern or funded by state or federal <br />grants. Vial v. City of San Diego, 122 Cal. App. 3d 346,348 (1981). This is true only if the City <br />Council of San Leandro has approved a resolution limiting the application to the sphere of <br />municipal affairs and that specifically excludes state and federally funded projects and those of <br />state interest. Id In Vial, the City Council of San Diego, also a chartered city, adopted a <br />resolution rescinding the city's prevailing wage schedule for its public works contracts with the <br />exception of state and federally funded projects and those considered to be of state concern. The <br />State Department of Industrial Relations argued that the resolution conflicted with the state's <br />prevailing wage law. However, the Court of Appeal held that the resolution was valid, despite its <br />conflict with the general prevailing wage law, because its limited application? <br /> <br />Nevertheless, there appears to be a growing trend on the part of the courts and the legislature to <br />expand the applicability of prevailing wages to charter cities under an analysis that argues that the <br />payment of prevailing wages is a matter of statewide concern. The California Supreme Court <br />granted review of a case holding the same. The California Supreme Court declined an opportunity <br />to resolve the issue. See City of Long Beach v. Department of Industrial Relations, 34 Cal. 4th <br />942 (2004). <br /> <br />CONCLUSION <br /> <br />In the current situation, the City's enactment of its labor compliance program means that <br />prevailing wages are not required to be paid for any public works project of $25,000 or less when <br />the project is for construction work, and prevailing wages are also not required for public works <br />projects of $15,000 or less when the project is for alteration, demolition, repair or maintenance <br />work. <br /> <br />I Cal. Lab. Code 99 1770 et seq. <br /> <br />2 But see Division of Labor Standards Enforcement v. Erisson Information Systems, 221 Cal. App. 3d 114, 123-24 <br />( 1990). <br /> <br />prevailing wage - maintenance v public works/ 136.00 I <br />