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..._ ...