National City Municipal Code Ch. 2.78 Traffic Control Worker Prevailing Wage

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 signiffcant risk of harm to workers and users of the city's public rights-of-way that can be mitigated by ensuring the most qualified, welltrained and sufficiently paid workers are employed to provide traffic control work in public rights-of-way.

(Ord. No. 2024-2527, § 1, 3-19-2024)

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.

A. "City" means the city of National City.

B. "City Manager" means the city manager of the city of National City, or designee.

C. "Code" means the city of National City Municipal Code.

D. "Employee" .....has the same meaning as California Labor Code section 2775.

E. "Employer" means any person, including a corporate officer or executive, who directly or indirectly, or through any other person, including through the services of a temporary service, staffing agency, or similar entlty, employs or exercises control over the wages, hours, or working conditions of any employee.

F. "Permit" means a permit issued by the city for work in the public right-of-way requiring traffic control work.

G. "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.

H. "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.

I. "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.

J. "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.

K. "Traffic Control Worker" means any person engaged in traffic control work, excluding public agency employees performing traffic control for a public agency.

(Ord. No. 2024-2527, § 1, 3-19-2024)

All 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 proj ect costing one thousand dollars ($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 su bject of the permit.

(Ord. No. 2024-2527, § 1, 3-19-2024)

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 descri be 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.

(Ord. No. 2024-2527, § 1, 3-19-2024)

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 standa rds 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.

(Ord. No. 2024-2527, § 1, 3-19-2024)