City of El Centro v. Lanier

*1513BENKE, J.,

Dissenting.—The majority has determined that Labor Code section 1782 merely creates a fiscal “incentive,” which they find encourages, but does not coerce, charter cities and counties to forgo their rights under the home rule provisions of our state Constitution (Cal. Const., art. XI, § 5) and comply with the otherwise inapplicable provisions of the prevailing wage law, Labor Code section 1700 et seq. (See maj. opn., ante, at pp. 1506-1507.) I have two problems with this conclusion. First, there is no authority which holds that the Legislature may attempt to obtain such a waiver of…