HomeMy WebLinkAboutReso 141-1988 RESOLUTION NO. 141-88
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 local job opportunities and to stimulate the local
economy.
NOW, -HEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that it hereby adopts the following prevailing wage policy:
General Policy.
Condition:
Before a building permit is issued the developer shall either
{a) provice the City with a bond, subject to the approval of the City Attorney,
guaranteeing the timely completion of construction of the project, or lb) 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 Section 1770 et seq. of the Labor
Code.
~pplication:
"Construction work" includes all construction of the building core and
shell. Also included are public works that are within the customary jurisdiction
of the corstruction trades and crafts, whether performed on or off the project
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.
This policy shall not apply to supervisory, managerial or secretarial
personnel, to persons employed in the rental, operation or maintenance of the
project, ~r 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.
Compliance:
The developer shall be deemed in compliance with this condition if
(a) the appropriate bond is provided; or
(b) a sworn statement that the general prevailing rate of per diem wages
is being paid is provided; or
(c) the performance of the construction work is to be done by subcontractors
who are or will be signatory to collective bargaining agreements covering the
construction work to be performed by it, between building and construction craft
unions affiliated with the AFL-CIO and contractors doing business in San Mateo
County.
Enforcement:
In addition to any other rights provided by California law to recover
compensation, a worker that 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 wages allegedly due shall be
determined in such action, and the burden shall be on the employer to establish
that the a~ounts demanded are not due.
Nothing in this section shall preclude its enforcement by the California
Division of Labor Standards Enforcement.
(b) Projects Subject to Prevailing Wage Policy.
Tlis policy shall apply to any construction project involving
discretionary approval with a total construction cost of One Hundred Thousand
Dollars {$100,000) or more but shall not apply to any of the following:
Tenant improvements for which the initial building permit
is issued more than one (1) year after the certificate of
occupany has been approved on the building core and shell.
(2) Construction of four or fewer single family residences.
(3)
(4)
Rehabilitation of multifamily housing of seven or fewer
units financed by Community Development Block Grant funds
of eleven or fewer units financed by Rental Rehabilitation
Program funds.
Any project where Federal or State law prohibits the
imposition of a prevailing wage requirement.
(5) Any project subject to Federal or State prevailing wage
requirements.
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
regula~ meeting held on the 14th day of December , 1988, by
the following vote:
AYES: Councilmembers Mark N. Addiego, Jack Drago, Gus Nicolopulos,
NOES:
ABSTAIN:
ABSENT:
and Mayor Pro Tem Richard A. Haffey
None
None
Mayor Roberta Cerri Teqlia
-3-