A. Any employer which contends that it is unable to pay all or part of the living wage must provide a detailed explanation in writing to the city manager (or the city manager’s designee) who may recommend a waiver to the city council.

B. The explanation must set forth the reasons for its inability to comply with the provisions of this chapter, including a complete cost accounting for the proposed work to be performed with the financial assistance sought, including wages and benefits to be paid all employees, as well as an itemization of the wage and benefits paid to the five highest paid individuals employed by the employer.

C. The employer must also demonstrate that the waiver will further the interests of the city of Petaluma in creating training positions which will enable employees to advance into permanent living wage jobs or better and will not be used to replace or displace existing positions or employees or to lower the wages of current employees.

D. The city council may grant a waiver only upon a finding and determination that the employer has demonstrated economic hardship and that waiver will further the interests of the city of Petaluma in providing training positions which will enable employees to advance into permanent living wage jobs or better.

E. However, no waiver will be granted if the effect of the waiver is to replace or displace existing positions or employees or to lower the wages of current employees.

F. Waivers under the foregoing subsections are disfavored and will be granted only where the balance of competing interests weighs clearly in favor of granting the waiver, in the sole discretion of the city council.

G. If waivers are to be granted, partial waivers are favored over blanket waivers. Moreover, any waiver shall be granted for no more than one year. At the end of the year, the employer may reapply for a new waiver that may be granted subject to the same criteria for granting the initial waiver.

H. The city further reserves the right to waive the requirements of this chapter upon a finding and determination of the city council that a waiver is in the best interests of the city. The city council may also waive the requirements of this chapter if a majority of its members determines that an emergency exists which requires a waiver.

I. An attempted waiver of the provisions of this chapter by employees is void and unenforceable, unless such waiver is clearly and unambiguously set forth in the terms of a collective bargaining agreement.