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Item 8.2 Presentation - Labor Relations.pdf

Chula Vista City Council
September 12, 2023

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Item 8.2 Presentation - Labor Relations.pdf
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September 12, 2023
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Chula Vista City Council
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Item 8.2 Implementation
of Labor-Relations Referrals
Chula Vista City Council September 12, 2023

May 9th Labor Relations Ad-Hoc
Subcommittee Recommendations

1. Address safety conditions &
enhancements impacting traffic control
workers

2. Develop a labor transparency ordinance,
to be consistent with similar policies in
SD region

3. Engage in process to develop a citywide
Project Labor Agreement
2 August 8th Report and City Council
Referral

1. Require PLAs for projects:

1. ≥ $1 million construction cost and on City-Owned Property

2. Affordable Housing projects receiving ≥ $5 million in City funds

2. Require Citywide PLA for City CIPs ≥ $1 million

3. Contractor Reporting/Transparency Ordinance

4. Traffic Control Worker Minimum Wage Ordinance

5. Healthcare Worker Minimum Wage Ordinance
3 Project Labor Agreements
Ordinance A
4 Recommended Action
• Place ordinance amending CVMC Chapter 2.59 and
adding Chapter 2.71 “Project Labor Agreements” on 1st
Reading
• ≥ $1M Construction Cost & on City property
• Subsidized affordable housing receiving ≥ $5M City
funds
Project Labor Agreements
Resolution B
5 Recommended Action
• Approve resolution adopting a
Project Labor Agreement
Policy establishing guidelines for
the use of PLAs on City CIPs with a
construction cost of $1M or more at
time of award

Labor Transparency
Ordinance C
Substantive Changes from August 8th
Version:

1. Defined and exempted Emergency Utility
Permit Work

2. Clarified application of the ordinance to
projects that require a pre-construction
meeting with the City

3. Clarified that info must be provided prior to
work

4. Clarified that no license reporting if no
license required
6 Labor Transparency
Ordinance C
Substantive Changes from August 8th
Version:

5. Allow for sworn attestation of contractor re:
labor enforcement actions

6. Clarified application to work done without a
permit per franchise agreement

7. Removed escalation to permit revocation

8. Clarified that continued violations on same
permit may result in additional and
extended stop work periods, up to 180
days
7 Labor Transparency
Ordinance C
Recommended Action

2.72.040(C) Duty to Update Changed Information
At any time between Permit issuance and final
inspection, if a change occurs in any information
submitted to the City pursuant to Section

2.72.040(AB) of this chapter , the Permittee shall
submit updated information to the City within 72
hours of Permittee’s knowledge of such change,
excluding weekends and Holidays.
• Place ordinance adding Chapter 2.72
“Construction Contractor and Subcontractor
Reporting” on 1st reading
8 Traffic Control Worker Minimum
Wage
Ordinance D
Overview:
• Based on County & City of SD ordinances
• Applies to Employees doing Traffic Control Work
pursuant to City Permit with Traffic Control Plan
• Requires payment of at least Prevailing Wage
• Prohibits retaliation
• City Manager to enforce pursuant to CVMC Chapter

1.41 • Applies to permits issued on or after January 1, 2024 9 Traffic Control Worker Minimum Wage
Ordinance D
10 Recommended Action

2.73.040(C) Minimum Wage Required
Traffic Control Work performed by an Employee of a gas, electric, telephone, cable, or fiber utility company on any project where the Employee performs Traffic Control wWork for one hour or less per workday or one hour or less per shift.
• Place ordinance adding Chapter 2.73 “Traffic Control
Worker Minimum Wage” on 1st reading

Next Steps
Recommended Next Steps:

A. Citywide CIP PLA: Continue negotiating
agreement with trades
B. PLA Ordinance: 2nd reading + 30 days
C. Contractor Reporting: DSD to begin
systems implementation, testing, and training
D. Traffic Control Worker Minimum Wage:

Return to City Council with enforcement plan
11 Recommendation:

Council place Ordinances A, C,
& D on 1st reading, with minor
textual modifications presented
Council adopt Resolution B
12 Item 8.2
Ordinance E
Chula Vista City Council September 12, 2023

Healthcare Worker Minimum
Wage Ordinance E
Overview:

1. Based on local initiative and City of Los
Angeles ordinance

2. Applies to “Covered Healthcare Facilities”
a. Private owned
b. Hospitals
c. Community clinics
d. Health centers
e. Facilities that are part of an Integrated
Healthcare System
14 Healthcare Worker Minimum
Wage Ordinance E
Overview:

3. Applies to “Covered Healthcare Workers”
a. Provide or support provision of healthcare at a
Covered Healthcare Facility
b. Primary employment at covered site
c. Clinicians, professionals, non-professionals,
nurses, certified nursing assistants, aides,
technicians, maintenance workers, janitorial
or housekeeping staff, groundskeepers,
guards, food service workers, laundry
workers, pharmacists, administrative workers,
and business office clerical workers.
15 Healthcare Worker Minimum
Wage Ordinance E
Overview:

4. $25 minimum wage effective January 1,
2024

5. CPI increase each January 1 thereafter

6. No retaliation

7. City Manager to enforce pursuant to CVMC
Chapter 1.41

8. Civil cause of action authorized
16 Healthcare Worker Minimum
Wage Senate Bill 525
Overview:

1. Passed Senate on May 31, 2023

2. Assembly vote September 14, 2023

3. Expected to pass and be signed into law
by October 14

4. Various amendments at play

1. Phased in increase

2. Starting between $18 and $23 per hour

3. Get to $25 per hour between June 2026 and
2033
17 Healthcare Worker Minimum
Wage Senate Bill 525
Overview:

5. Preempts local ordinances until January 1,
2034

6. Voids local ordinances effective September
6, 2023 or later
18 Recommendation:

Council provide feedback on
draft Healthcare Worker
Minimum Wage Ordinance
Staff to report back on SB 525 at
next City Council meeting
19

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