Loading...
O1408 . . CA:RMM:lamo028/hpw city council Meeting 4-28-87 Santa Monica, California ORDINANCE NUMBER 1408 ( CCS ) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 4A TO ARTICLE VII OF THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A PREVAILING WAGE AND APPRENTICESHIP LAW THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 4A is added to Article VII of the Santa Monica Municipal Code to read as follows: Chapter 4A. PREVAILING WAGE AND APPRENTICESHIP LAW. Section 7420. Name, PurPose and Scope. This Chapter shall be called the "Prevailing Wage and Apprenticeship Law". It is intended to establish project size and financing cost thresholds which will trigger requirements for payment of prevailing wages and/or participation in apprenticeship programs for construction projects receiving Federal, State or City financial assistance, or projects located - 1 - e e on land leased by the City of Santa Monica to private parties. Section 7421. Definitions. The following words and phrases as used in this Chapter shall have the following meanings: (a) Prevailing Waqes. (1) For construction projects receiving Federal financial assistance, the minimum wages established pursuant to Federal law for each construction trade or craft. (2) For construction pro- jects receiving only State or City finan- cial assistance, or qualifying projects located on land leased by City to private parties, minimum wages as determined by the Director of the California Department of Industrial Relations for each construc- tion, craft, classification or type of worker needed to execute the construction contract. (b) AODrenticeship proqram Reauirements. Contractor compliance with the following California Labor Code requirements concerning apprenticeable construction crafts or trades: - 2 - e ( 1) e certification of approval from the joint apprenticeship committee or committees nearest the site of the project for the employment and training of apprentices for each craft or trade as required by California Labor Code Section 1777.5. (2) contribution of an amount established by the joint appren- ticeship committee or committees for each trade in question either to (i) a recog- nized trade-specific training or appren- ticeship program sponsored by each union for the administration of such apprentice- ship programs, or (ii) the California Apprenticeship Councilor any successor agency thereto. (0) Qualifving Construction Pro- ject. Any rehabilitation or new construc- tion project within the City which fulfills both the following requirements: (~) Receives either Federal, State or City financial assistance or is located on land leased by the city to private parties. (2) satisfies the minimum thresholds for project size or cost establ ished in this Chapter. Qualifying - 3 - "" e e construction project does not include projects undertaken by any public agency other than the city as defined herein. (d) city. The use of the term City herein shall include only the city of Santa Monica, and its Redevelopment Agency, Housing Authority and Parking Authority. section 7422. Applicability of Prevailinq Waqe Requirements. Prevailing wages shall be paid by contractors of the following projects: qualifying construction (a) Public works projects as defined in the California Labor Code shall comply with the applicable Federal or state prevailing wage requirements in accordance with the sources of funding provided for such projects. (b) Public housing projects constructed pursuant to the Federal Housing Act of 1937 shall comply with applicable requirements. (c) Housing projects financed in Federal prevailing wage whole or part by ei ther Federal Housing and Urban Development and/or state Housing - 4 - e e and Community Development financial assistance shall comply with the applicable Federal or state prevailing wage requirements in accordance wi th the requirements of the sources of funding provided for such projects. Cd) Qualifying construction pro- jects receiving pUblic financial assis- tance solely from the city shall comply with state prevailing wage requirements if the following minilllum thresholds are satisfied: (1) For a rehabilitation project, either a minimum project size of 20 housing units, or a minimum total construction contract cost of $250,000.00, exclusive of expenses associated with site acquisition, architectural and other pre- construction development costs, financing charges, bonding and insurance require- ments, and fees, permits or licenses required in connection with the project. (2) For a new construction project either a minimum project size of 20 housing units or a minimum total con- struction contract cost of $1,000,000.00, exclusive of expenses associated with site acquisition, architectural and other - 5 - e e pre-construction development costs, financing charges, bonding and insurance requirements, and fees, permits or licenses required in connection wi th the project. (e) Qualifying construction pro- jects on land leased by the city to private parties which do not receive any direct financial assistance from the City, State or Federal governments shall be subject to payment of prevailing wages if the lease is executed after the effective date of this Chapter and if the following minimum thresholds are satisfied: (1) For a rehabilitation project, either a minimum project size of 20 housing units or a minimum total con- struction contract cost of $250,000.00, exclusive of expenses associated with site acquisition, architectural and other pre- construction development costs, financing charges, bonding and insurance require- ments, and fees, permits or licenses required in connection with the project. ( 2) For a new construction project, either a minimum project size of 20 housing units or a minimum total con- struction contract cost of $1,000,000.00, - 6 - e e exclusive of expenses associated with site acquisition, architectural and other pre- construction development costs, financing charges, bonding and insurance require- ments and fees, permits or licenses required in connection with the project. Section 7423. Apolicabi1itv of ~pprenticeship Program Requirements. Contractors shall comply with the appren- ticeship program requirements in connec- tion wi th the following qualifying con- struction projects: (a) Public works projects as defined in the California Labor Code shall comply with one of the apprenticeship program requirements set forth in Section 7421(b) of this Chapter. (b) Public housing projects financed in whole or in part by Federal financial assistance shall comply with the sponsorship of training or apprenticeship programs as required by applicable Federal law. (c) Housing projects financed in whole or part by either Federal Housing and Urban Development and/or state Housing and Community Development financial - 7 - e e assistance shall comply with the applicable Federal or state threshold requirements for sponsorship of or contribution to training or apprenticeship programs. (d) Qualifying construction pro- jects receiving public financial assis- tance solely from the City shall adhere to the apprenticeship program requirements set forth in section 7421(b) of this Chapter if the following minimum thresholds are satisfied: (1) For a rehabilitation project, either a minimum project size of 20 housing units, or a minimum total con- struction contract cost of $250,000.00, exclusive of expenses associated with site acquisition, architectural and other pre- construction development costs, financing charges, bonding and insurance require- ments and fees, permits or licenses required in connection with the project. (2) For a new construction project, either a minimum project size of 20 housing units or a minimum total con- struction contract cost of $1,000,000.00 exclusive of expenses associated with site acquisition, architectural and other pre- - 8 - e e construction development costs, financing charges, bonding and insurance require- ments, and fees, permits or licenses required in connection with the project. (e) Qualifying construction proj ects on land leased by the Ci ty to private parties which do not receive any direct financial assistance from the city, state or Federal governments shall be subject to the apprenticeship program requirements stated in this Chapter if the lease is executed after the effective date of this Chapter and if the following minimum thresholds are satisfied: (1) For a rehabilitation project, either a minimum project size of 20 housing units or a minimum total construction contract cost of $250,000.00, exclusive of expenses associated with site acquisition, architectural and other pre-construction development costs, financing charges, bonding and insurance requirements, and fees, permits or licenses required in connection with the project. (2) For a new construction project, either a minimum project size of 20 housing units or a minimum total con- - 9 - - e struction contract cost of $1,000,000.00, exclusive of expenses associated with site acquisition, architectural and other pre- construction development costs, financing charges, bonding and insurance require- ments, and fees, permits or licenses required in conection with the project. Section 7424. Adjustment to Dollar Amount Thresholds. Commencing on July 1, 1988, and on each July 1 thereafter, any dollar amount threshold set forth in this Chapter shall be adjusted upward or downward by the percentage change in the Consumer Price Index for the previous calendar year. For purposes of this Chapter, the Consumer Price Index shall mean the index for Urban Wage Earners and Clerical Workers for the Los Angeles/Long Beach statistical area, as published by the United states Department of Labor, Bureau of Labor Statistics, or any successor agency. section 7425. Procedu+es for Determination of Applicability of Require- ments or Exemption Therefrom. (a) The City Manager shall develop appropriate procedures for the review and - 10 - e e determination of the applicability of this Chapter's requirements to the particular projects. (b) The City Manager may exempt a particular proj ect from the requirements of this Chapter upon satisfactory evidence that either: (1) The project developer has not been able to obtain bids from responsible contractors. (2) compliance with the requirements of this chapter would increase the construction costs of the qualifying project by more than twenty percent (20%) over and above the normal and reasonable costs of at least three (3) other comparable projects such that the project would be financially infeasible to develop. The determination of whether a particular project is exempt from the requirements of this Chapter shall be in the sole discretion of the city Manager. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no - 11 - e . further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Ci ty Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper wi thin 15 days after its adoption. The ordinance shall become effective 30 days after the date of its adoption. APPROVED AS TO FORM: ~ '-.~\.._-O- ROBERT M. MYERS city Attorney - 12 - . # e . Adopted and approved th' of April, 1987. I hereby certify that ~ AL [c..J\../\- Mayor the egoing Ordinance No. ~ 1408(CCS) was duly and regularly introduced at a meeting of the city council on the 24th day of March 1987; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 28th day of April 1987 by the following council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane and Mayor Conn Noes: councilmembers: None Abstain: councilmembers: None Absent: Councilmembers: None ATTEST: ... -- -- . ~ _, ~_:.._n.._:- - ," ".. ..... ....... -' ~- ~: : -~- .~~~- ----- - ... - "- . - ~ ~it~_.cl~ _.-__ - -.......;.--- :.::- -~ , - J..._ ...