HomeMy WebLinkAboutORD 2024-2527 Adding Chapter 2.78 Traffic Control Worker Prevailing Wage to Title 2ORDINANCE NO. 2024 - 2527
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
ADDING CHAPTER 2 — TRAFFIC CONTROL WORKER PREVAILING IAILIN WAGE TO TITLE
OF THE NATIONAL CITY MUNICIPAL CODE TO ESTABLISH A TRAFFIC CONTROL
WORKER PREVAILING AILIN WAGE.
WHEREAS, the City of National City (the "city") may adopt ordinances in accordance with
its police powers to ensure the public health, welfare, and safety of its residents, including the
police powers vested in the City pursuant to article XI, section 7, of the California Constitution and
California Labor Code section 1205; and
WHEREAS, construction and maintenance activities in public rights of way may create
health and safety risks to the public, including drivers, pedestrians, bicyclists and workers, if
proper traffic control measures are not implemented; and
WHEREAS, traffic control workers perform a critical role in ensuring public safety during
construction and maintenance work in the City's public rights of way; and
WHEREAS, traffic control workers are exposed to health and safety hazards, including
the risk of serious injury and death; and
WHEREAS, traffic control workers who work on public works projects for the City must be
paid the prevailing wages required by the California Labor Code for public works projects;
however, employers on non-public works projects currently may pay traffic control workers
significantly less for the same type of work performed in the City's public rights of way; and
WHEREAS, the California Department of Industrial Relations generally describes the
prevailing wage rate as the basic hourly rate paid on public works projects to a majority of workers
engaged in a particular craft, classification, or type of work within the locality and in the nearest
labor market area (if a majority of such workers are paid at a single rate) and, if there is no single
rate paid to the majority, then the single or modal rate being paid to the greatest number of
workers is prevailing; and
WHEREAS, the payment of an applicable prevailing wage rate supports a safe working
environment and can reduce the rate of injury and death among workers as workers who are paid
prevailing wages generally are more qualified, based on factors such as skill, training, and
experience; and
WHEREAS, the City desires to limit health and safety risks to the public and traffic control
workers associated with construction and maintenance activities in the City's public rights of way
by requiring all employers or contractors authorized to perform work in the City's public rights of
way to pay no less than the prevailing wage rate paid for the same type of work on public works
projects in San Diego County.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:
Section 1: That Chapter 218 is added to the National City Municipal Code to read
as follows:
Chapter 2.78
..1Purpose and Intent
The purpose of this chapter is to address the unique safety risks confronted by workers
and users of City public rights of way by ensuring that, except in limited circumstances,
all traffic control workers are paid a wage at least equivalent to the prevailing wage they
would receive if they were working on a City public works project. Traffic control workers
are responsible for stopping, slowing, and safely guiding, directing, or controlling traffic
through construction and maintenance work in public rights of way. Unexpected and difficult
driving conditions in these areas can present a significant risk of harm to motorists, other users
of the City's public rights of way, and the traffic control workers themselves. Traffic control
workers employed on public works projects are paid a prevailing wage while the same workers
employed on private construction projects may be paid significantly less to perform the same
work. Low wages, less qualified workers, and difficult working conditions can present a
significant risk of harm to workers and users of the City's public rights of way that can be
mitigated by ensuring the most qualified, well -trained and sufficiently paid workers are
employed to provide traffic control work in public rights of way.
2.78.020 Definitions
When used in this chapter, the following words and phrases shall have the meanings
ascribed to them below. Words and phrases not specifically defined below shall have the
meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by
common usage. For definitions of nouns, the singular shall also include the plural; for
definitions of verbs, all verb conjugations shall be included.
"City" means the City of National City.
"City Manager" means the City Manager of the City of National City, or designee.
"Code" means the City of National City Municipal Code.
"Employee" has the same meaning as California Labor Code section 2775.
"Employer" means any Person, including a corporate officer or executive, who directly r
indirectly, or through any other Person, including through the services of a temporary service,
staffing agency, or similar entity, employs orexerises control overthe wages, hours, orwrking
conditions of any Employee.
"Permit" means a permit issued by the City for work in the public right of way requiring Traffic
Control Work.
"Person" means any individual, firm, partnership, joint venture, association, corporation, limited
liability company, estate, trust, business trust, receiver, syndicate, or any other group or
combination of Persons acting as a unit.
"Prevailing Wage" means the prevailing rate of per diem wages as determined by the California
Director of Industrial Relations in accordance with California Labor Code section 1720 et seq.,
as may be amended, to be paid to a laborer within San Diego County on a public works project.
"Public Works Project" shall have the same meaning as applicable to the payment of prevailing
wages under Labor Code section 1720, et seq. and includes the construction, reconstruction, or
repair of public buildings, streets, utilities, and other public works.
"Traffic Control Work" means the stopping, slowing or otherwise guiding, directing, or controlling
of traffic pursuant to a Permit, including installation and removal of traffic control devices.
"Traffic Control Worker" means any Person engaged in Traffic Control Work., excluding public
agency Employees performing traffic control for a public agency.
2.78.030 Payment of Prevailing Wage
AU Traffic Control Workers performing Traffic Control Work, as required by a Permit, shall
be paid no less than the Prevailing Wage, except as follows:
A, Traffic Control Work performed by an Employee in support of the construction,
renovation, or repair of a single-family home, duplex, triplex, or accessory dwelling unit.
B. Traffic Control Work performed by an Employee on any project costing $1,000 or less,
as specified in California Labor Code section 1771 or any subsequent cost threshold
applicable to the payment of Prevailing Wage established by California law.
C. Traffic Control Work performed by an Employee of a gas or electric utility company
on any project where the Employee performs Traffic Control Work for one hour or less per
workday or one hour or less per shift.
D. Traffic Control Work performed by an Employee of any public agency.
E. To the extent prohibited by law or by a state or federal funding source requirement
applicable to the work that is the subject of the Permit.
2.78.040 Enforcement
A. The City Manager may enforce this Chapter in accordance with the provisions of
Chapter 1.44 or Chapter 1.48 of this Code.
B. The City Manager is authorized to establish, consistent with the terms of this Chapter,
any additional administrative rules, regulations, and standards determined to be necessary
to carry out the purposes of this Chapter.
C. Any person may file a written complaint with the City Manager regarding a violation of
this Chapter. The written complaint must describe the alleged violation, including a
statement of relevant facts, dates, places, and Persons or entities responsible for the
alleged violation.
D. If an Employer ceases its business operations, or sells, exchanges, transfers, or
otherwise disposes of the Employer's business, then any Person that becomes a successor
to the business shall be liable for any unpaid amounts owed under this Chapter if, at the
time of the conveyance of the business, the successor has actual or constructive knowledge
of the amounts owed as determined by the City.
2.78.050 Limitations
A. Any waiver by a Traffic Control Worker of any or all of the provisions of this Chapter
or of rights or protections afforded under the authority of this Chapter shall be deemed
contrary to public policy and shall be void and unenforceable.
B. This Chapter is not intended to, and shall not be interpreted to, conflict with federal or
state law and shall be interpreted to be compatible with federal and state enactments, not
limited to those dealing with employee/employer and labor relations, and in furtherance of
the public purposes that those enactments encompass.
C. This Chapter does not create any cause of action for damages against the City.
D. This Chapter is not to be construed to limit the rights of an Employee to bring legal
action for a violation of any law concerning wages, hours, or other standards or rights.
Exhaustion of remedies under this Chapter is not a prerequisite to the assertion of any right,
E. This chapter shall not be construed to discourage or prohibit an Employer from
providing higher wages to its Employees.
Section 2: This Ordinance shall take effect and be in force thirty (30) days from the
date of its passage, and before the expiration of fifteen 1 ) days after its passage., it or a summary
of it, shall be published once, with the names of the members of the City Council voting for and
against the same in the Star News, a newspaper of general circulation published in the County of
San Diego, California.
Section The City Clerk shall certify to the adoption of this ordinance and shall
publish in accordance with the law.
INTRODUCED at a regular meeting of the City Council of the City of National city,
California, held on the 5th day of March 2024,
PASSED and ADOPTED this 19th of Mar 2024.
�. lbrrison, Mayor
ATTEST:
S elley ChapQ , MC, City C erk
��J
APPROVED ED S TO FORM:
Barry J. u, City Attorney
Passed and adopted by the Council of the City of National City, California, on March 19,
2024 by the following vote, to -wit:
Ayes: Bush, Molina, Rodriguez, Yarnane, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
By:
Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the
City of National City, California
(Jo
city oie�
I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on March 5, 2024 and on March 19, 2024.
seven
I FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than
a majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 0 4- 5 7 of the City Council of the City of National City, passed
and adopted by the Council of said City on March 19, 2024.
By:
�ellet,�
Lei
ity Clerk of the
City of National City, California