MEMORANDUM
OFFICE OF COUNCILMEMBER ANDREA CARDENAS
DATE:
TO:
FROM:
SUBJECT:
May 9, 2023
City Manager, Mayor and City Councilmembers
Councilmember Andrea Cardenas
Report on findings and recommenda1ons from the Labor Rela1ons Ad-Hoc Subcommi<ee
Background
On March 28, 2023, the Chula Vista City Council approved the establishment of a Labor RelaLons Ad-Hoc SubcommiOee comprising of Deputy Mayor Jose Preciado, and Councilmember Andrea Cardenas. Since then, the subcommiOee has held a series of meeLngs with various stakeholders to discuss issues regarding safety condiLons and enhancements for traffic control workers, the potenLal need for a contractor transparency ordinance, and the process to adopt a citywide project labor agreement (PLA).
Safety Enhancements
RepresentaLves from Laborers Local 89 brought forward an issue relaLng to safety hazards affecLng workers performing traffic control duLes. They have requested that our City follow the lead of both the City and the County of San Diego who have recently began the process of addressing these issues through policy amendments.
Contractor Transparency Ordinance
JurisdicLons throughout San Diego County have recently adopted Contractor Transparency Ordinances to protect workers and promote transparency in relaLon to City construcLon and right-of way projects. For the City of Chula Vista, this would primarily mean that contractors would be required to disclose subcontractor informaLon on projects being permiOed by the City of Chula Vista and that both contractors and subcontractors are following legal, safety, and labor standards.
Citywide Project Labor Agreement (PLA)
In March of 2020 with 68% of the vote, the voters of Chula Vista approved ballot measure “E” rescinding the ban on the city to enter into project labor agreements and authorized the city to conduct such negoLaLons and agreements. Measure E removed inconsistencies between City laws, and state laws that generally operate to disqualify ciLes with anL-PLA laws from receiving state funding for local infrastructure projects.
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Conclusion
As a result of a series of meeLngs with interested parLes, and the supporLng documents we received, it is the recommendaLon of this commiOee that Council supports that a referral be made to the City Manager’s office for the following:
- Draa a municipal code amendment to address safety condiLons and enhancements impacLng traffic control workers.
- Develop a labor transparency ordinance to be consistent with similar policies across the County of San Diego, and idenLfy City needs for ordinance enforcement. - Formally engage in the process to develop a citywide Project Labor Agreement (PLA) with input from the San Diego Building and ConstrucLon Trades Council.
AOachments:
City of San Diego Staff Report RE: Transparency Ordinance Subcontractor Transparency Models
Laborers Local 89 LeOer to Council, 01/06/2023
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Subcontractor Transparency Models
This type of provision can be added to city code sections concerning right-of-way permits or construction permits, or changes can be made administratively to manuals, regulations, or forms. The practicalities of implementation can be just as important - issues such as forms, how information is stored in databases and if that information is accessible to the public, and what a locality’s resources are for inspections and permitting enforcement.
Subcontractors and safety in the public rights-of-way
(a) As a requirement of obtaining a Public Right-of-Way Permit, all applicants shall disclose to the City prior to the issuance of the Permit the identity of each contractor, subcontractor, or agent that will perform work authorized by the permit in the right-of-way, whether a sole proprietor, independent contractor, company, or other entity. If there are any changes to the entities that will perform permitted work in the right-of-way after submission, the applicant shall update the City with new information within 24 hours.
(b) The applicant shall provide documentation demonstrating that each contractor, subcontractor, or agent that will perform permitted work in the right-of-way is properly licensed to work in the state and has legally required workers’ compensation coverage. The applicant shall verify if a contractor, subcontractor, or agent has any pending enforcement actions for California Labor Code violations.
(c) The applicant shall state in its application whether the work to be performed requires certain safety certifications, safety trainings, professional certifications, or professional licenses (collectively, “certifications”). If so, the applicant shall specify the certifications required for the specific work, and affirm that applicant’s employees or the employees of the relevant contractor, subcontractor, or agent have such certifications, specifying the contractor, subcontractor or agent if applicable.
(d) A copy of the permit obtained shall be maintained on the job site by the contractor or anyone performing work and it shall be made available for inspection upon request by any officer or employee of the city.
(e) Enforcement
a. Any work performed prior to satisfying the requirements of this Section shall be deemed performed without the required permits. Failure to abide by the requirements of this Section shall result in (1) revocation of any permit issued by the City; (2) issuance of a stop work order.
b. Any violation of this Section shall be deemed a misdemeanor violation. The applicant shall pay applicable penalties or fines prior to the issuance of any new permit. c. The Office of Labor Standards has non-exclusive authority to enforce this Section.
The OLSE will promulgate regulations regarding enforcement as necessary, including Item 12.1
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rules creating a mechanism for community organizations to file complaints and participate in enforcement.
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