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HomeMy WebLinkAboutReso 161-1990RESOLUTION NO. 161-90 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ESTABLISHING A PREVAILING WAGE POLICY FOR CERTAIN DEVELOPMENTS IN SOUTH SAN FRANCISCO WHEREAS, the City Council of the City of South San Francisco deems it necessary in safeguarding the general welfare of the community to see that structures are constructed in a timely fashion and reflect quality workmanship; and WHEREAS, the City Council has determined that a prevailing wage requirement is necessary to protect public safety; to attract skilled, qualified, competent construction workers; to reduce or limit private employee dependency on governmentally subsidized social and health care services; and to stimulate the local economy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby adopts the following prevailing wage policy: 1. :INDINGS The City of South San Francisco is, and will be in the future, the location of significant, new commercial and residential development. Proposed construction projects are frequently near or in existing residential neighborhoods and commercial districts. Delays in their completion have been a recurring nuisance, thwart local city planning goals, delay the realization of financial and other benefits from completed projects, and increase construction costs, thereby adding to the financial burdens placed on local homeowners, businesses, and residential and commercial developers. Improper construction techniques heighten substantially the risk of serious personal injuries and property damage as a result of accidents, fires, earthquakes, or other natJral disasters. The San Francisco Bay Area has a pool of trained construction workers who have the skill levels necessary to construct projects covered by this Resolution in a manner consistent with their timely completion and the protection of public safety. Paying workers at the prevailing wage rate will help ensure that projects are completed in a timely manner and in a manner consistent with the protection of public safety. Paying prevailing wages will also reduce the financial burdens on publicly funded programs and will stimulate the economy. 2. GENERAL POLICY a. Condition Before a building permit is issued the developer shall either (1) provide tae City with a surety bond, subject to the approval of the City Attorney, guaranteeing the timely completion of construction of the project in a good and workmanlike manner in accordance with applicable city requirements or (2) provide proof to the City that it agrees to pay during construction the general prevailing rate of per diem wages as determined and published by the California Department of Industrial and Labor Relations pursuant to Sections 1773 and 1773.1 of the California Labor Code. b. Definitions "Base wages" means the basic straight time, overtime or holiday rate of hourly pay which is determined to be prevailing pursuant to California Labor Code Sections 1773 and 1773.1 or any successor statutes. "Construction work" incudes all construction of the building core and shell. Also included are public works that are within the customary jurisdiction of the construction trades and crafts, whether performed on or off the p"oject site. Work done off the site on materials to be assembled in the project at a later date is not covered by this policy, but the work of assembly of such materials on site is covered. Final clean-up and delivery work is not included. "Construction workers" means those persons who perform "construction work" at any time between the commencement of such construction work and its completion. Construction workers include both journey level workers a~d apprentices. "Employer payments" means those payments made by employers for any or all programs or benefits for employees, their families and dependents, and retirees considered in the determination of the prevailing wage rate of employer ~ayments pursuant to California Labor Code Sections 1773 and 1773.1 or any successor statutes. "Per diem wages" means per diem wages as set forth in California Labor Code Sections 1773 and 1773.1, or any successor statutes for each job classification recognized by the Department of Industrial Relations prior to June 1, 1990. c. Application All construction workers on projects covered by this Resolution shall be paid wages not less than per diem wages. The total amount of per diem wages shall be paid directly to each construction worker. If the employer makes employer payments, the amount paid directly to each construction worker may be reduced by the amount paid for employer payments provided, however, that the amount paid directly to each construction worker shall not be less than the base wage. Per diem wages shall be paid from commencement of construction through completion of construction. Nothing in this subsection shall require any employer to make employer payments or to establish, provide, or fund any programs or benefits ~or which employer payment are paid. Nor shall this subsection be construed to regulate programs or benefits to which employer payments are made. d. Compliance The developer shall be deemed in compliance with this condition if: (1) t~e appropriate surety bond is provided; or (2) a sworn statement that the general prevailing rate of per diem wages is being paid is provided. e. Enforcement In addition to any other rights provided by California law to recover u~paid wages, a worker who has been paid less than the prevailing wage rates shall have a right to commence an action against the employer for the difference between the prevailing wage rates and the amount paid for each calendar day or portion thereof for which the worker was paid less than the compensation required to be paid under the provisions of this policy. No issue other than that of the liability of the employer for the amount of unpaid wa~es allegedly due shall be determined in such action, and the burden shall be ~n the employer to establish that the amounts demanded are not due. Nothing in this section shall preclude its enforcement by the California Division of Labor Standards Enforcement. 3. PROJECTS SUBJECT TO PREVAILING WAGE POLICY This policy shall apply to any construction project involving discretionary approval by the Planning Commission or City Council with a total construction cost of Two Hundred Fifty Thousand Dollars ($250,000) or more but shall not apply to any of the following: a. Tenant improvements for which the initial building permit is issued mo~e than one (1) year after the certificate of occupancy has been approved on the building core and shell. b. Construction of four or fewer single family residences. c. Rehabilitation of multifamily housing of seven or fewer units financed )y Community Development Block Grant funds of eleven or fewer units financed )y Rental Rehabilitation Program funds. d. Any project that involves remodeling or restoration in order to comply with seismic, flood control, noise insulation or other federal, state or locally mandated requirements. e. Any project where federal or state law prohibits the imposition of a prevailing wage requirement. f. Any project subject to federal or state prevailing wage requirements. This policy shall not apply to supervisory, managerial, or secretarial personnel, to persons employed in the rental, operation or maintenance of the project, or to any person employed in a job classification for which no wage determination is issued. Nothing in this policy shall prevent the employment of any number of properly registered apprentices, pursuant to Section 3070 et seq. of the Labor Code. 3 4. WAIVER Where an applicant believes it is unable to comply with one or more of the requirements of this Resolution and the applicant can demonstrate (1) that the construction project would yield overriding economic benefits to the community which equal or exceed the economic benefits to the community from compliance with the requirements of this Resolution, (2) that the applicant would be unable to construct the project if the provisions of this Resolutio~ were applied to the development and (3) that the project will be constructed as safely and in as timely a fashion as if the provisions of this Resolutio~ were complied with, the applicant may apply to the City Council of South San Francisco for a waiver of one or more of the requirements of this Resolution. Upon a determination that substantial evidence exists in support of each of the above factors, the City Council of South San Francisco may waive one or more of the requirements of this Resolution. This resolution supersedes Resolution No. 141-88. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 14th day of November , 1990 by the following vote: AYES: Councilmembers Jack Drago, Gus Nicolopulos, John R. Penna, NOES: ABSTAIN: Roberta Cerri Teglia, and Mayor Richard A. Haffey None None ABSENT: None ~b~ATTEST: