SR-604-002
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City Clerk:CEJ:jj(fin)
City Council Meeting: 1/10/89
Santa Monica,
TO: Mayor and Councilmembers
FROM: Councilmember Finkel
SUBJECT: Amending Ordinance No. 1408 (CCS) Regarding Prevailing
Wage and Apprenticeship Requirements
It is requested that on January 10, 1989, Council discuss the
feasability and desirability of reviewing and amending Ordinance
Number 1408 (CCS) to address a concern recently voiced by George
Zurow of the Carpenters Union, concerning the non-applicability
of the ordinance to subcontractors, licensees and assignees of
persons/companies with whom the City has leases. Ordinance No.
1408 {CCS) requires prevailing wage and apprenticeship
requirements to be met by public lessees. There is a question
about retroactive application of the ordinance to the
subcontractors etc., of lessees who entered into leases with the
City prior to the effective date of the ordinance but who entered
into subleases etc., after the effective date of the ordinance.
Apparently public lessees have been entering into subcontracts
and subleases and some sublessees and subcontractors have not
complied with the prevailing wage and apprenticeship ordinance.
Apparently there are legal questions surrounding the application
of our ordinance to those sublessees and subcontractors whose
contracts pre date our ordinance. Our ordinance does apply to
subcontractors and sublessees whose contracts post date the
ordinance. tit
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I already have been advised that the Attorney General is lookit 24
into the question of the legality of applying such ordinances to
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private leases entered into by private parties. Our ordinance
applies only to leases between the City and private persons. It
is possible that amending our ordinance to cover existing
subleases (entered into by our lessees) would be vulnerable to
legal attack in the absence of the City I S right to apply its
prevailing wage and apprenticeship ordinance to leases between
private parties also.
In light of the above, I request that council instruct the City
Attorney to investigate the legality of the City's amending its
ordinance (i.e, expanding its scope to reach purely private
leases).
I also request that the city Manager be instructed to address
policy considerations underlying such a proposed expansion of our
ordinance.
I ask that both the City Manager and City Attorney report back to
the Council with appropriate recommendations, concerning this
issue.
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