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SR-104-084 (5) .J qA CC:f\ctyclerk\elections\ 11 0700\staffreport.measures.wpd City Council Meeting: July 25,2000 JUL 2 5 2""" To: Mayor and City Council From: City Staff Subject: Resolution Placing the Proposed City of Santa Monica Taxpayer Protection Charter Amendment of 2000 and the Proposed Santa Monica Living Wage Charter Amendment on the November 7,2000, Election Ballot, and Adoption of Other Election-Related Resolutions. INTRODUCTION Two petitions, each proposing a separate amendment to the Charter of the City of Santa Monica, were duly submitted to the City Clerk's Office on May 30, and May 31, 2000, respectively. The Los Angeles County Clerk's Office has verified that the petitions contain the minimum number of valid signatures required to place the proposals on the November 7,2000, Statewide General Election ballot. BACKGROUND Elections Code Section 9255(a)(3) provides for a proposed charter amendment to be submitted to the voters as follows: "An amendment or repeal of a city charter proposed by a petition signed by 15 percent of the registered voters of the city." Proposed Santa Monica "Taxpaver Protection" Amendment of 2000 At the time that the notice of intent to circulate a petition was published by the proponents of the "Taxpayer Protection Amendment" initiative (December 30,1999), there were 56,109 registered voters in the City. The number of signatures required for JUL 2 5 2000 qA this measure is 8,416 (15%). The Los Angeles County Clerk/Registrar Recorder, has verified that the petition contains 8,460 valid registered voter signatures. Proposed "LivinQ WaQe" Charter Amendment At the time that the notice of intent to circulate a petition was published by the proponents of the "Living Wage" initiative (April 8, 2000), there were 53,779 registered voters in the City of Santa Monica. The number of signatures required for this measure is 8,067 (15%). The Los Angeles County Clerk/Registrar Recorder, has verified that the petition contains 9,815 valid registered voter signatures. Attached as Exhibit A is a copy of the results of the full-count signature verification for both measures, as conducted by the Los Angeles County Clerk/Registrar Recorder. A copy of the text of each proposed amendment is attached to the resolution submitting the measures to the voters. Copies of each ballot title and summary, as prepared by the City Attorney, are attached as Exhibit B. Also attached are the following resolutions needed for the measures to be placed on the November election ballot Resolution calling a special election and submitting the proposed Charter Amendments to the voters of the City of Santa Monica, as follows: PROPOSITION" ." Shall the City Chatter be amended to add specified minimum wage and employee benefit 2 requirements for some employees doing work on City. , contracts and grants and barring the City from modifying the--k wage and benefit requirements except by initiative? PROPOSITION" ." Shall the City Charter be amended to prohibit any City public official, who approves giving a public contract or other benefit to any person from receiving "personal or campaign advantages" from that person for up to six years? Resolution requesting the Los Angeles County Board of Supervisors to approve the consolidation of the City's Special Municipal Election with the statewide General Election to be held on the same date, and that the statewide General Election and Special Municipal Election be held in all respects as if there were only one election. Resolution requesting that the Los Angeles County Board of Supervisors direct the Registrar of Voters to provide all necessary election services, to the extent determined necessary by the City Clerk, to mail sample ballots and polling place information to the registered voters of the City, and to reduce the expense and administrative burden of the election. Resolution authorizing members of the City Council to submit arguments concerning the measure. 3 FINANCIAL IMPACT The City Clerk's Office has an approved elections budget for Fiscal Year 2000-2001 in the amount of $207,600. RECOMMENDATION It is respectfully requested that the City Council accept the petitions, as verified by the Los Angeles County Clerk/Registrar Recorder; adopt the resolution calling a special election and placing both measures on the ballot; adopt the resolution requesting the Los Angeles County Board of Supervisors to approve the consolidation of the special election with the Statewide General Election; adopt resolution requesting election services from Los Angeles County Clerk/ Registrar/Recorder; and adopt a resolution authorizing certain members of the City Council to submit arguments and rebuttals concerning the measures. Prepared by: Maria Stewart, City Clerk Marsha Moutrie, City Attorney Joe Lawrence, Assistant City Attorney Attachments: Exhibit A: Results of Signature Count Exhibit B: Ballot Titles and Summaries for Proposed Charter Amendments ~ 719 Z- Exhibit C: Resolution Calling a Special Election and Placing the Proposed Charter Amendment on the Ballot 7Xl3 Exhibit D: Resolution Requesting Consolidation of the Election with the November Statewide General Election 4 Exhibit E: 14 y ;0- / Exhibit F: Resolution Requesting Services from the L.A. County Clerk/Registrar Recorder Resolution Authorizing City Councilmembers to Prepare an Argument and Rebuttal Concerning the Measure 5 Exhibit A COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK 12400 IMPERIAL HWY. - P.O. BOX 1024, NORWALK. CALIFORNIA 90651-1024 CONNY B. McCORMACK REGISTRAR.RECORDER/COUNTY CLERK July 12, 2000 Ms. Maria M. Stewart, City Clerk City of Santa Monica 1685 Main Street Santa Monica, CA 90407-2200 Dear Ms. Stewart: As requested, we have completed processing the charter amendment initiative petition pertaining to benefits for specified employees which you submitted for signature verification on June 2, 2000. The results of the supplemental signature verification are as follows: Number of signatures filed Number of signatures withdrawn 15,532 549 Number of signatures verified Number of signatures found sufficient Number of signatures found not sufficient Not sufficient because duplicate 14,983 9,815 5,168 436 Please call Dorothy Scates, Head of the Data Entry and Signature Verification Section at (562) 462-2376 if you have any questions regarding the signature verification of this petition. Sincerely, C~~~'\e~ C;~~' &CO~ACK Registrar-Recorder/County Clerk da:Z:l_SNTMONICA_71200 COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK 12400 IMPERIAL HWY. - P.O BOX 1024, NORWALK, CALIFORNIA 90651-1024 CONNY B. McCORMACK REGISTRAR.RECOROER/COUNTY CLERK July 12, 2000 Ms. Maria M. Stewart, City Clerk City of Santa Monica 1685 Main Street Santa Monica, CA 90407-2200 Dear Ms. Stewart: As requested, we have completed processing the charter amendment initiative petition pertaining to public officials which you submitted for signature verification on May 31,2000. The results of the supplemental signature verification are as follows: Number of signatures filed Number of signatures verified 12,153 12,153 8,460 3,693 1,779 Number of signatures found sufficient Number of signatures found not sufficient Not sufficient because duplicate Please call Dorothy Scates, Head of the Data Entry and Signature Verification Section at (562) 462-2376 if you have any questions regarding the signature verification of this petition. Sincerely, ff S:::t~R0~~ Registrar-Recorder/County Clerk da:Z:L_SNTMONICA_2_71200 Exhibit B BALLOT TITLE AA'D SUMMARY PREPARED BY THE CITY ATTORNEY AN INITIATIVE A.l\1ENDING THE SANTA MONICA CITY CHARTER BY ADDING A REQUIREMENT THAT CERTAIN CITY CONTRACTORS AND FINANCIAL ASSISTANCE RECIPIENTS PAY A SPECIFIED MINIMUM WAGE AND PROVIDE SPECIFIED BENEFITS TO COVERED EMPLOYEES This initiative would amend the City Charter by adding minimum wage and employee benefit requirements applicable to certain employees doing work on certain City contracts and grants. The initiative would cover City contracts or contract amendments involving an expenditure of more than $25,000 and a term of at least three months. Also, all contracts covered by the City's competitive bidding requirements would be covered, and smaller contracts could be covered pursuant to regulations. City financial assistance recipients would be covered only if they receive "discrete and direct financial assistance for economic development or job growth expressly articulated and identified by the City". If the amount exceeds $100,000 in a 12 month period, the recipient would have to comply with the proposal for 5 years. Ifthe amount received is between $25,000 and $100,000, the recipient would have to comply for one year. In the case of non-City funding, such as federal or state funding, the requirements would apply if they are consistent with applicable restrictions as determined by the funding source or a court. The initiative's requirements would apply to an "employee" as the initiative defines that term. The definition excludes managers, supervisors, and occupational licensees. The definition includes workers employed by a City contractor or subcontractor who spend any time on the covered City contract work. The definition also includes anyone working for a covered City financial assistance recipient and spending at least half of his or her time on the funded project. Finally, the definition includes anyone working for a contractor or subcontractor of such a covered recipient and spending at least half of his time on the premises of the recipient directly involved in the City-funded activities. The minimum wage established by the initiative is $8.32 per hour with health care benefits or $9.46 per hour without health care benefits. Rates would be adjusted annually to reflect changes in a designated regional consumer price index or in a lower amount approved by City Council vote. The benefits required by the initiative are 12 paid and 10 unpaid days off each year and $1.14 per hour towards health care benefits for employees and dependents if wages are at the lower of the two specified rates. Employers would also be required to notify employees ofthe availability of the Earned Income Credit and to make claim forms available. The initiative provides that its minimum wage and benefit requirements may be superceded by colIective bargaining agreements; and there is exemption language on governmental employment, tax exempt employers, and local wage requirements for construction contracts. The initiative includes an exclusivity clause. It allows the City or voters to place a measure on the ballot establishing or modifying minimum wages or benetlts for people employed within the City. However, the initiative prohibits the City from adopting such a measure without voter approval. F:\atty\muni\memos\mjm\livewage.sum.wpd BALLOT TITLE AND SUMMARY PREPARED BY THE CITY ATTORNEY AN INITIATIVE AMENDING THE CITY CHARTER TO PROHIBIT PUBLIC OFFICIALS FROM RECEIVING SPECIFIED GIFTS AND PERSONAL BENEFITS FROM THOSE TO WHOM THEY HAVE A WARDED CERT A1N PUBLIC CONTRACTS AND OTHER BENEFITS WITHIN A DESIGNATED PERIOD. This initiative would amend the Santa Monica City Charter by adding a provision prohibiting a public official from receiving a personal benefit from someone after acting to award a public contract or benefit to that person. The initiative applies to elected or appointed public officials exercising discretion in an official capacity. It applies whether the official acts on behalf ofthe city or a public agency, such as a redevelopment agency. Specifically, after an official exercises discretion to approve the allocation of a "pub lic benefit"to a particular recipient, that official would not be allowed to receive a "personal or campaign advantage" from the recipient for a stated time period. The initiative defines the term "public benefit" as any contract, benefit or arrangement between the City and any person or entity to provide services or goods or lease rental property with a value in excess of $25,000 over a 12 month period, to buy or sell real property with a value in excess of $25,000, to receive a franchise award for which gross revenue exceeds $50,000 in any 12 month period, to confer a tax benefit exceeding $5,000 in any 12 month period, or to receive cash or the equivalent specie with a net value exceeding $10,000 in any 12 month period. The initiative defmes the term "personal or campaign advantage" as including any personal benefit or gift worth more than $50, any employment for compensation, and any campaign contribution for any elective office sought by the official. When the public benefit is allocated to an entity, such as a corporation, the prohihition applies to personal benefits received from a person who had a 10% interest in the entity or who was a trustee, director, partner, or officer ofthe entity when the public benefit was received by or accrued to the entity. The prohibition against officials receiving gifts from recipients of public benefits would run for two years after the expiration of the term when the official acted to allocate the public benefit, two years after the official's departure from office, or six years from the date the official acted to approve the allocation, whichever is first. The measure establishes both criminal and civil remedies. Willful violations would be misdemeanors. City residents would be authorized to bring civil enforcement actions. Civil remedies include a penalty of up to five times the value of the personal benefit received, restitution of the benefit to the City's general fund, ~unctive relief against future violations, and disqualification from future public office in the City in the case of willful, egregious, or repeated violations. A resident who prevailed in a civil suit would be entitled to reasonable attorney's fees and costs and 10% of any civil penalties, with the balance going to the City's general fund. The initiative would also require officials to "practice due diligence" in ascertaining whether public benefits have been conferred and to monitor receipt of personal benefits so that benefits received in violation of the provision would be returned immediately or no later than ten days after receipt. Additionally, the initiative would require the City to give notice of the measure to those competing for public benefits and would also require "public officials" to provide the names of all recipients of public benefits upon request. Exhibit C f:\atty\muni\laws\mjm\ballot. wpd City Council Meeting 7-25-00 Santa Monica, California RESOLUTION NUMBER _ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS TWO BALLOT MEASURES AT THE SPECIAL MUNICIPAL CI Cf""TIr\P\..1 TI"""Ii oc LJCI n /""'\1\.1 TII[::cnAV ....1r'\\/CPdIDcn 7 ")"('\1"\ L.L.L..V I IVI" I V UL- I 1L..L.L..1 'V1"It I UL...VL!f"'\ ( t 1 '\II V v l::.IVII::;J~r'\ ( , LVVU WHEREAS. on June 27.2000. the Citv Council adoDted Resolution NumbAr 9534 -, .-- ------ --,----, ---- ---,; -------------r------------------------ ---- (ecs) calling for and giving notice of a Special ~y1unjcipal Election on f"-Jovember 7,2000; and WHEREAS, two initiatives to amend the City Charter have qualified for the ballot pursuant to Elections Code Sections 4080 et seq. and Government Code Sections 34450 et seq.; and WHEREAS, the City Council of the City of Santa Monica wishes to place these measures on the ballot at the Special Municipal Election to be held on November 7,2000, Nnw TI-li=Ri=i=nRi= Tl-li= rlTV rnllNrll ni= Tl-li= rlTV ni= C:ll.II.ITll. ~Anll.llrll. '.-..1 ., ,_, ,,-. _. "'_, .,._ _. I . ___.._.'- _, II __ _'I I __I _~'"" I'" IYI_''''_'~ ,",-I""'\.t" r"\r-t"""1""'\1 \ I. A tt.lr""\ 1""\""'''''''', A'.. ^,... ...."'" I ......'Ar__ UVCO:> "CO:>VLVC /"'\I'\IU ,... "V\'" L/"'\IIVI /"'\;:;; rVLLVVV;:;;: SECTION 1. A Special Municipal Election shall be called for November 7,2000, for the purpose, among other things, of submitting two initiative measures to the voters. 1 SECTION 2. At the Special Municipal Election called for November 7,2000, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION"." Shall the City Charter be amended to add specified minimum wage and employee benefit requirements for some employees doing work on City contracts and grants and barring the City from modifying the wage and benefit requirements except by initiative? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 1 attached hereto and incorporated by reference, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before the Special Municipal Election, shall cause the text of the proposition to be published once in the official newspaper and in each edition thereof during the day of publication. SECTION 3. At the Special Municipal Election called for November 7, 2000, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION"." Shall the City Charter be amended to prohibit any City public official who approves giving a public contract or other benefit to any person from receiving "personal or 2 campaign advantages" from that person for up to six years? The City Clerk shall cause the text of the proposition, which is contained in Exhibit 2 attached hereto and incorporated by reference, to be mailed to all qualified voters with the sample ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before the Special Municipal t:lo~+ir"'ln ~h...,,1I "''''''IIc."'o. +h~ +.t':loV+ ",f +ho. nr"""\I""\c."'i+i_n +_ ho. I""\llhli~h_,...I _1""1....._ in +h_ _U'i.....i...,,1 L..I~,",LIUII, .;JIIIClII VOOUUV Lllv L'Ii:i^' VI Lllv tJ1VtJV.;JILIVII \V U.-;;;; tJULllloi:I'll'I;;;;U VII,",'" III LIIIlJ VIII'-'IOiI newspaper and in each edition thereof during the day of publication. SECTION 4. The provisions of Resolution Number 9534 (CCS) are referred to for more particulars concerning the Special Municipal Election to be held on November 7, 2000. SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: 1..-. . J/ ._ / n (jj,A--k ({?Vl.L" r~lluJLU" I\A^[",,)C'-LJ^ 1r\f\IL'ib t.J1I""\IITnu":' IV1J"\"Qn/"'\ vVI'Il;.o IV1VU I !"'.II:: City Attorney 3 ARTICLE XXII - LIVING WAGE 2200. Statement of Purpose. The City awards many contracts to private firms to provide services to the public and to City government. In addition, the City provides financial assistance to others for the purpose of economic development or job growth, and expends grant funds under programs created by the federal and state governments. The workers employed under these public contracts, economic development programs and grants often receive little more than the minimum wage. This puts the City government in the position of using local taxpayer dollars to subsidize the creation of jobs that pay wages that may not be sufficient for economic independence. To address this problem, other forward-thinking cities and counties have adopted "living wage" laws, which require businesses which receive financial assistance from such cities and counties or which enter into service contracts with the local government to compensate their employees who are engaged in providing those services at a rate in excess of the applicable state or federal minimum wage. Through the use of a citywide "living wage" law, a municipality can, indirectly, provide further assistance to individuals. A citywide "living wage" law which is uniformly applied to all businesses that obtain service contracts or financial assistance from the City is fair and appropriate and will maintain the vibrancy of the City's economy. All businesses, whether located in Santa Monica or elsewhere, that wish to perform services for the City or receive financial assistance from the City would start on an equal footing. To the extent that the law results in higher costs for businesses, those costs can be incorporated in the competitive bids offered to the City. A citywide "living wage" law is preferable to other wage schemes, such as a "zone minimum wage" proposal that would raise workers' wages in just one area of the City. A "zone minimum wage" law would be unfair and discriminatory. It would damage local, independent businesses to the point that they would have to move or close. And such a "zone minimum wage" law may cause the least skilled and experienced workers to lose their jobs. Consistent with the City's policy of balancing competing interests of the community, it is appropriate for the City to adopt a "living wage" law that is, in concept, generally consistent with other such laws in other cities and counties. However, given the importance of minimum wage laws to all people of Santa Monica, it is also appropriate that any other law dealing with minimum wage or level of compensation or benefits be submitted to, and approved by, Santa Monica voters before becoming effective. Except as expressly provided in this Article, it is the intent of the people of Santa Monica to provide in this Article a comprehensive, uniform, and exclusive scheme for regulating the minimum wage or level of compensation and benefits for employees in the City of Santa Monica. It is the intent of the people to adopt this regulatory scheme, which provides that a prescribed minimum level of compensation be paid to certain employees as provided herein, in preference to any other regulatory scheme establishing a mlillmum wage or level of compensation or benefits for individuals employed in the City of Santa Monica, or any part thereof. This Article provides a limited and appropriate exemption for employees subject to collective bargaining agreements and for entities which are exempt from taxation under the Internal Revenue Code, such as non-profit organizations and schools. This Article does not apply to governmental entities, which is appropriate because governmental entities generaliy are subject to collective bargaining agreements. This Article also provides that service contracts and City financial assistance awards which are subject to competitive bidding will be subject to this Article. 2201. Definitions. The following definitions shall apply throughout this Article: (a) "Awarding authority" means that subordinate or component entity or person of the City (such as a department) or of the City financial assistance recipient that awards or is otherwise responsible for the administration of a service contract or, ifnone, then the City or the City financial assistance recipient. (b) "City" means the City of Santa Monica and all awarding authorities thereof, including those City departments that exercise independent control over their expenditure of funds. (c) "City financial assistance recipient" means any specific person who receives from the City discrete and direct financial assistance for economic development or job growth expressly articulated and identified by the City (as contrasted with generalized financial assistance) in accordance with the following monetary limitations. Financial assistance given in the amount of one hundred thousand dollars ($100,000) or more in any twelve-month period shall require compliance with this Article for five years from the date such financial assistance reaches the one hundred thousand dollar ($100,000) threshold. For assistance in any twelve-month period totaling less than one hundred thousand dollars ($100,000) but at least twenty-five thousand dollars ($25,000), there shall be compliance for one year if at least twenty-five thousand dollars ($25,000) of such assistance is given in what is reasonably contemplated at the time to be on a continuing basis, with the period of compliance beginning when the accrual during such twelve-month period of such continuing financial assistance reaches the twenty-five thousand dollar ($25,000) threshold. Categories of such financial assistance include, but are not limited to, economic development grants provided by the City, bond financing provided by the City and tax increment financing provided by the City. City staff assistance shall not be regarded as financial assistance for purposes of this Article. A loan shall not be regarded as financial assistance; provided, however, that a loan shall be regarded as [mancial assistance only to the extent of any differential between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as used in the United States Internal Revenue Code of 1986,26 U.S.c. Sections 1274(d) and 7872(f), as they now exist or as they may be hereafter amended from time to time, or 2 successor statutes. The forgiveness of a loan shall be regarded as financial assistance. A City financial assistance recipient shall not be deemed to include lessees and sublesses. A City financial assistance recipient shall be exempted from application of this Article if (a) it is in its first year of existence, in which case the exemption shall last for one year, (b) it employs fewer than five employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, or (c) it obtains a waiver as provided herein. A City financial assistance recipient, who employs the long- tenn unemployed or provides trainee positions intended to prepare employees for pennanent positions, and who claims that compliance with this Article would cause an economic hardship, may apply in writing for a waiver to the City department or office administering such assistance, which department or office shall forward such application and its recommended action on it to the City Council. Waivers shall be effected by resolution of the City Council. (d) "Contractor" means any person that enters into a service contract with the City. (e) "Employee" means any individual, who is not a managerial or supervisory employee and who is not required to possess an occupational license, who is employed: (1) as a service employee of a contractor or subcontractor on or under the authority of one or more service contracts and who expends any of his or her time thereon; including but not limited to: hotel employees, restaurant, food service or banquet employees; janitorial employees; security guards; parking attendants; nonprofessional health care employees; gardeners; waste management employees; and clerical employees; or (2) by a City financial assistance recipient and who expends at least half of his or her time on the funded project; or (3) by a service contractor or subcontractor of a City financial assistance recipient and who expends at least half of his or her time on the premises of the City financial assistance recipient directly involved with the activities funded by the City. (1) "Employer" means any person who is a City financial assistance recipient, cor.tractor, or subcontractor. (g) "Person" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts. (h) "Service contract" means a contract let to a contractor by the City primarily for the furnishing of services to or for the City (as opposed to the purchase of goods or other property or the leasing of property) and that involves an expenditure in excess of twenty-five thousand dollars ($25,000) and a contract term of at least three months; provided, however, that the service contract has been determined, pursuant to 3 regulations authorized by Section 2206 to be one in which, but for such service contract, the services to be rendered probably would otherwise be rendered by City employees. (i) "Subcontractor" means any person not an employee that enters into a contract (and that employs employees for such purpose) with (a) a contractor to assist the contractor in performing a service contract or (b) a City financial assistance recipient to assist the recipient in performing the work for which the financial assistance is being given. Vendors, such as service contractors, of City financial assistance recipients shall not be regarded as subcontractors except to the extent provided in Subsection (e) above. 2202. Payment of Minimum Compensation to Employees. (a) Wages. Employers shall pay employees a wage of no less than the hourly rates set under the authority of this Article. The initial hourly rates set by this Article shall be eight dollars and thirty-two cents ($8.32) per hour with health benefits, as described in Section 2203, or otherwise nine dollars and forty-six cents ($9.46) per hour without health benefits, as described in Section 2203. Such initial hourly rates shall be adjusted not more often than annually to correspond with adjustments, if any, to the published Consumer Price 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, as determined by the Finance Department, or such lower annual adjustment as the City Council may approve by majority vote. The Finance Department shall advise the City Council and the City Manager of any change in such Consumer Price Index by July 1 of each year and of the required new hourly rates, if any. The Finance Department shall publish annually the hourly rate in effect for each year. (b) Compensated days off. Employers shall provide at least twelve (12) compensated days off per year for sick leave, vacation, or personal necessity at the employee's request. Employers shall also permit employees to take at least an additional ten (10) days a year of uncompensated time to be used for sick leave for the illness of the employee or a member of his or her immediate family where the employee has exhausted his or her compensated days off for that year. 2203. Health Benefits. Health benefits required by this Article shall consist of the payment of at least one dollar and fourteen cents ($1.14) per hour towards the provision of health benefits for employees and their dependents. The rate of payments towards the provision of health benefits may be adjusted not more than annually in accordance with the procedures described in Section 2202(a). Proof of the provision of such health benefits shall be submitted to the awarding authority to qualify for the employees with health benefits hourly rate in Section 2202(a). 4 2204. Notifying Employees of their Potential Right to the Federal Earned Income Credit. Employers shall inform employees who may be eligible for the federal Earned Income Credit under the United States Internal Revenue Code of 1986,26 U.S.c. Section 32, as it now exists or as it may be hereafter amended from time to time, or successor statutes, of their potential right to the Earned Income Credit and shall make available to employees forms informing them about the Earned Income Credit and forms required to secure advance Earned Income Credit payments from the employer. 2205. Enforcement. (a) An employee claiming violation of this Article may bring an action in a California court of competent jurisdiction, as appropriate, against an employer and may be awarded: (I) For failure to pay the hourly rates as required by Section 2202(a), back pay for each day during which the violation continued. (2) For failure to pay health benefits as required by Section 2202(a) and Section 2203, the difference during the involved period between the hourly rates required herein without benefits and such hourly rates with benefits. (b) The court shall award reasonable attorney's fees and costs to an employee who prevails in any such enforcement action. (c) Compliance with this Article shall be required in all City contracts to which it applies, and such contracts shall provide that violation of this Article shall entitle the City to terminate the contract and otherwise pursue legal remedies that may be available. (d) An employee claiming retaliation for alleging non-compliance with this Article may report such claimed retaliation to the Finance Department, which shall investigate such claim and report the results to the awarding authority. Service contracts and awards of financial assistance to City financial assistance recipients shall expressly prohibit such retaliation and shall also include a pledge that there shall be compliance with federal law proscribing retaliation for union organizing. (e) Notwithstanding any provision of this Charter or any other ordinance, rule, regulation or other law to the contrary, no criminal penalties shall attach for any violation of this Article. 2206. Administration. The Finance Department of the City, or such other department of the City designated by the City Council, shall monitor compliance, including the investigation of claimed violations of this Article, and may promulgate implementing regulations consistent with this Article. Such regulations shall be limited to determinations that particular contracts shall be regarded as "service contracts" for purposes of Section 2201(h), determinations that particular persons shall 5 be regarded as "City financ 11 assistance recipients" for purposes of Section 220l(c) (includir 5 procedures for obtaining a Naiver), the establishment of employer reporting requirements e:1 employee compensation and on notification about and usage of the federal Earned Income Creet referred to in Section 2204 The Finance Department shall report on compliance to the Ci y Council no less frequently t Ian annually. Data may be requested by the Finance Department n connection with service con racts and agreements awarding financial assistance to City financi 11 assistance recipients. 2207. Coexistence with Ot leT Available Relief for Specific Deprivations of Protected Rights. This Article shall ne, be construed to limit an employee's right to bring legal action f)r violation offederal or state J1inimum compensation laws. 2208. Expenditures Cover ed by this Article. This Article shall a1= Jly to the expenditure (whether through discrete and direct financ al assistance for economic d, 'velopment or job grovvth to City financial assistance recipien .s, service contracts let by the ( 'ity, or service contracts let by City financial assistance recipients) af funds entirely within the C :y's control and to other funds, such as federal or state grant funt-s, where the application of th 5 Article is consistent with the laws authorizing the City to expe 1d such other funds. As to an) grant or similar program, this Article shall become applicable to \ l.e funds authorized by such pr 19ram if and only if the City Attorney's Office has obtained from \1e funding governmental aut lOrity either an opinion or other determination indicating sL:h consistency or a judgmer.. of compliance from a court of law or other tribunal, wh:h procurement has been repor:ed in writing by the City Attorney's Office to the City Council b. a letter to the City Clerk. 2209. Article Applicable 1 J New Contracts and City Financial Assistance. The provisions of tt ,s Article shall apply to (a) a service contract consummated after he effective date of this Articl;, (b) an award of City financial assistance made to a City [manl ial assistance recipient after t Ie effective date of this Article, (c) a service contract amendm ;nt consummated after the e fective date of this Article which amendment itself meets he requirements of Section 2: Ol(h) or which extends the duration of the contract such that he original contract and amen, ment meet the requirements of Section 2201(h), and (d) an aware of additional City financial :ssistance made to a City financial assistance recipient after ~he effective date of this Artic e which financial assistance award, itself meets the requirement[ of Section 2201(c). 2210. Preemption. If any federal or s1< te law establishes a minimum wage rate different from the rates set under the authority of this - .rticle, any employer subject to such law or laws shall pay the higest rate applicable. Federal c state law shall control insofar as the provisions of this Article are preempted by any such la\\ 6 2211. Exemption for Collective Bargaining Agreements. Employers subject to this Article may by collective bargaining agreement provide that such agreement shall supersede the requirements of this Article. 2212. City and Governmental Employment Not Subject to Article. Nothing in this Article shall restrict or prohibit the City from enacting, adopting, amending or enforcing any ordinance, rule or regulation establishing, modifying or regulating a minimum wage or level of compensation or benefits for individuals employed by the City or other govenunental entities, including but not limited to Article XI - Civil Service and Article XIl- Retirement of this Charter, as they existed as of March 1,2000. 2213. Coordination With Other Laws. (a) Nothing in this Article shall restrict or prohibit the City from enacting, adopting, amending or enforcing any ordinance, rule or regulation regarding the payment of prevailing wages for construction projects, provided that such ordinances, rules or regulations are consistent with the purpose and scope of Chapter 7.28 of this City Municipal Code, Prevailing Wage and Apprenticeship Law, as it existed on March I, 2000. (b) Notwithstanding any other requirements of the competItIve bidding \ provisions of the Charter and City Municipal Code, service contracts and awards of City l' CL financial assistance which are subject to the competitive bidding provisions of the Charter ( and City Municipal Code shall be subject to this Article. 2214. Exemption for Tax Exempt Entities. Any entity that is exempt from taxation under United States Internal Revenue Code of 1986 as it now exists or as it may be hereafter amended from time to time, or successor statutes, shall be exempted from this Article. 2215. Exclusivity. Except as provided in this Article, the City shall not enact, adopt, amend or enforce any ordinance, rule or regulation establishing, modifying or regulating a minimum wage or level of compensation or benefits for individuals employed within the boundaries of the City, other than individuals employed by the City or other govenunental entities. Nothing in this Article shall restrict or prohibit the voters of the City from placing on the ballot by initiative a Charter amendment or ordinance establishing, modifying or regulating a minimum wage or level of compensation or benefits for individuals employed within the boundaries of the City. Nothing in this Article shall restrict or prohibit the City from submitting to the voters for their approval a Charter amendment or ordinance establishing, modifying or regulating a 7 mInimum wage or level of compensation or benefits for individuals employed within the boundaries of the City. 2216. Simultaneously Adopted Charter Amendments in Conflict with Article. Should another Charter amendment establishing, modifying or regulating a mInImUm wage or level of compensation or benefits for individuals employed within the boundaries of the City, other than individuals employed by the City or other governmental entities, be enacted, amended or adopted simultaneously with this Article, and this Article receives the highest number of affirmative votes, the provisions of this Article shall be deemed competing and conflicting with such other Charter amendment, and the provisions of this Article shall prevail in their entirety over the competing regulatory scheme. 2217. Repeal of Existing and Simultaneously Adopted Cbarter Provisions, Ordinances Rules and Regulations. Except as expressly provided by Section 2213(a), all Charter provisions, ordinances, rules and regulations of the City establishing, modifying or regulating a minimum wage or level of compensation or benefits for individuals employed within the boundaries of the City, other than individuals employed by the City or other governmental entities, which exist as of the effective date of this Article, or which are enacted, amended or adopted simultaneously with this Article, shall be deemed competing and conflicting in their entirety with this Article and are hereby repealed upon the effective date of this Article. 2218. Effective Date. This Article shall become effective as provided in provlSlons of the California Constitution and California Government Code applicable to the effective date of charter amendments, as they now exist or as they may be hereafter amended from time to time, or successor statutes. 2219. Amendment. This Article may be amended or repealed only as provided in provisions of the California Constitution, California Elections Code, and California Government Code applicable to the amendment or repeal of charter amendments, as they now exist or as they may be hereafter amended from time to time, or successor statutes. 2220. Self Executing. This Article is self-executing and shall be construed to achieve only its specific stated purpose. 2221. Severability. If any Section or provision of this Article, or the application of this Article or any Section to any person or circumstance, is held invalid, the remainder of this Article, including the application of such Section or provisions to other persons or circumstances, shall not be affected 8 by such a holding and shall continue in full force and effect. To this end, the provisions of this Article are severable. 9 SANTA MONICA Charter Amendment The Santa Monica City Charter shall be amended by the addition of Article XXII, to read as follows: ARTICLE XXll. TAXPAYER PROTECTION Section 2200. Title This Article shall be known as the City of Santa Monica Taxpayer Protection Amendment of 2000. Section 2201. Findings and Declarations (a) The people of the City of Santa Monica ("City") find that the use or disposition of public assets are often tainted by conflicts of interest among local public officials entrusted with their management and control. Such assets, including publicly owned real property, land use decisions conferring substantial private benefits, conferral of a franchise without competition, public purchases, taXation, and financing, should be arranged strictly on the merits for the benefit of the public, and irrespective of the separate personal or fmancial interests of involved public officials. (b) The people find that public decisions to sell or lease property, to confer cable, trash hauling and other franchises, to award public construction or service contracts, or to utilize or dispose of other public assets, and to grant special land use or taxation exceptions have often been made with the expectation of, and subsequent receipt of, private benefits from those so assisted to involved public 'decision makers'. The people further fmd that the sources of such corruptive influence include gifts and honoraria., future employment offers, and anticipated campaign contributions for public officials who are either elected or who later seek elective office. The trading of special favors or advantage in the management or disposal of public assets and in the making of major public purchases compromises the political process, undermines confidence in democratic institutions, deprives meritorious prospective private buyers, lessees, and sellers of fair opportunity, and deprives the public of its rightful enjoyment and effective use of public assets. (c) Accordingly, the people declare that there is a compelling state interest in reducing the corruptive influence of emoluments, gifts, and prospective campaign contributions on the decisions of public officials in the management of public assets and franchises, and in the disposition of public funds. The people, who compensate public officials, expect and declare that as a condition of such public office, no gifts, promised employment, or campaign contributions shall be received from any substantial beneficiary of such a public decision for a reasonable period, as provided herein. Section 2202. Definitions (a) As used herein, the term public benefit does not include public employment in the normal course of business for services rendered, but includes a contract, benefit, or arrangement between the City and any individual, corporation, firm, partnership, association, or other person or entity to: (I) provide personal services of a value in excess of $25,000 over any 12 month period, (2) sell or furnish any material, supplies or equipment to the City of a value in excess of $25,000 over any 12 month period, (3) buy or sell any real property to or from the City with a value in excess of $25,000, or lease any real property to or from the City with a value in excess of $25,000 over any 12 month period, (4) receive an award ofa franchise to conduct any business activity in a territory in which no other competitor potentially is available to provide similar and competitive services, and for which gross revenue from the business activity exceeds $50,000 in any 12 month period, (5) confer a land use variance, special use permit, or other exception to a pre-existing master plan or land use ordinance pertaining to real property where such decision has a value in excess of $25,000, (6) confer a tax abatement, exception, or benefit not generally applicable of a value in excess of $5,000 in any 12 month period, (7) receive cash or specie of a net value to the recipient in excess of $1 0,000 in any 12 month period. (b) Those persons or entities receiving public benefits as defined in Section 2202(a)(1)-(7) shall include the individual, corporation, firm, partnership, association, or other person or entity so benefiting, and any individual or person who, during a period where such benefit is received or accrues, (I) has more than a ten percent (10%) equity, participation, or revenue interest in that entity, or (2) who is a trustee, director, partner, or officer of that entity. (c) As used herein, the term personal or campaign advantage shall include: (I) any gift, honoraria, emolument, or personal pecuniary benefit of a value in excess of $50; (2) any employment for compensation; (3) any campaign contributions for any elective office said official may pursue. (d) As used herein, the term public official includes any elected or appointed public official acting in an official capacity. Section 2203. City Public Official Shall Not Receive Personal or Campaign Advantage From Those To Whom They Allocate Public Benefits (a) No City public official who has exercised discretion to approve and who has approved or voted to approve a public benefit as defined in Section 2202(a) may receive a personal or campaign advantage as defined in Section 2202(c) from a person as defined in Section 2202(b) for a period beginning on the date the official approves or votes to approve the public benefit, and ending no later than (1) two years after the expiration of the term of office that the official is serving at the time the official approves or votes to approve the public benefit; (2) two years after the official's departure from his or her office whether or not there is a pre-established term of office; or (3) six years from the date the official approves or votes to approve the public benefit; whichever is first. (b) Section 2203(a) shall also apply to the exercise of discretion of any such public official serving in his or her official capacity through a redevelopment agency, or any other public agency, whether within or without the territorial jurisdiction of the City either as a representative or appointee of the City_ Section Z204. Applicable Public Beneficiaries Section. Responsibilities of City Public Officials and Advantage Recipients (a) City public officials shall practice due diligence to ascertain whether or not a benefit defined under Section 2202(a) has been conferred, and to monitor personal or campaign advantages enumerated under Section 2202(c) so that any such qualifying advantage received is returned forthwith, and no later than ten days after its receipt. (b) City public officials shall provide, upon inquiry by any person, the names of all entities and persons known to them who respectively qualify as public benefit recipients under the terms of Sections 2202 and 2203. Section 2205. Disclosure of the Law The City shall provide any person, corporation, firm, partnership, association, or other person or entity applying or competing for any benefit enumerated in Section 2202(a) with written notice of the provisions of this Article and the future limitations it imposes. Said notice shall be incorporated into requests for 'proposal', bid invitations, or other existing informational disclosure documents to persons engaged in prospective business with, from, or through the City. Section 2206. Penalties and Enforcement (a) In addition to all other penalties which might apply, any knowing and willful violation of this Article by a public official constitutes a criminal misdemeanor offense. (b) A civil action may be brought under this Article against a public official who receives a personal or campaign advantage in violation of Section 2203. A fmding of liability shall subject the public official to the following civil remedies: (1) restitution of the personal or campaign advantage received, which shall accrue to the general fund of the City; (2) a civil penalty of up to five times the value of the personal or campaign advantage received; (3) injunctive relief necessary to prevent present and future violations of this Article; (4) disqualification from future public office or position within the jurisdiction, if violations are willful, egregious, or repeated. (c) A civil action under subdivision (b) of this section may be brought by any resident of the City. In the event that such an action is brought by a resident of the City and the petitioner prevails, the respondent public official shall pay reasonable attorney's fees and costs to the prevailing petitioner. Civil penalties collected in such a prosecution shall accrue 10% to the petitioner, and 90% to the City's general fund. Section 2207. Severability If any provision of this Article is held invalid, such invalidity or unconstitutionality shall not affect other provisions or applications which can be given effect without the invalidated provision, and to this end the provisions of this Article are severable. Exhibit D f: \atty\mu n i\1 aws \m j m\con so I idate. wpd City Council Meeting 7-25-00 Santa Monica, California RESOLUTION NUMBER _ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION CALLED FOR THE SUBMITTAL OF TWO BALLOT MEASURES TO THE VOTERS WITH THE GENERAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA AND WITH THE STATEWIDE GENERAL ELECTION TO BE HELD TO BE HELD ON NOVEMBER 7,2000, PURSUANT TO ELECTIONS CODE SECTION 10403 WHEREAS, on May 23,2000, the City Council called a General Municipal Election in the City of Santa Monica to be held on November 7, 2000, for the purpose of electing members to the City Council, Rent Control Board and Santa Monica Community College Board of Trustees; and WHEREAS, on June 27, 2000, the City Council of the City of Santa Monica called a Special Municipal Election in the City of Santa Monica to be held on November 7,2000, for the purpose of electing three members to the Board of Education of the Santa Monica- Malibu Unified School District; and WHEREAS, the City Council of the City of Santa Monica has also called a Special Municipal Election in the City of Santa Monica to be held on November 7, 2000, for the purpose of submitting two ballot measures to the voters of the City; and 1 WHEREAS, it is desirable that each Special Municipal Election be consolidated with the General Municipal Election and the statewide General Election all to be held on November 7, 2000; that within the City of Santa Monica the precincts, polling places and election officers of the two elections be the same; that the Registrar of Voters canvass the returns of the Special Municipal Elections: and that the statewide General Election, the Special Municipal Election, and the General Municipal Election be held in all respects as if there were only one election, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Elections Code Section 10403, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of each of the Special Municipal Elections with the General Municipal Election and the statewide General Election on Tuesday, November 7,2000. SECTION 2. The following measures shall appear on the ballot and be submitted to the voters of the City of Santa Monica: PROPOSITION"." Shall the City Charter be amended to add specified minimum wage and employee benefit requirements for some employees doing work on City contracts and grants and barring the City from modifying the wage and benefit requirements except by initiative? 2 PROPOSITION"." Shall the City Charter be amended to prohibit any City public official who approves giving a public contract or other benefit to any person from receiving "personal or campaign advantages" from that person for up to six years? SECTION 2. The Registrar of Voters is hereby authorized to canvass the returns of the Special Municipal Election which it is hereby requested to consolidate with the General Municipal Election and statewide General Election and said elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. The Board of Supervisors of the County of Los Angeles is hereby requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 4. The City of Santa Monica recognizes that additional costs shall be incurred by the County of Los Angeles by reason of this consolidation and agrees to reimburse the County of Los Angeles for any such costs. SECTION 5. The City Clerk is directed to transmit and file a certified copy of this Resolution with the Board of Supervisors of the County of Los Angeles and with the Registrar of Voters. 3 SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: /] i . r ' '. . ;' UL-CLUIl.J-!'I;I~' ) /) !WtcL.(. MARSHA JONES MOUTRIE City Attorney . / 4 Exhibit E F :\atty\mu n i\laws\mjm\services. wpd City Council Meeting 7-25-00 Santa Monica, California RESOLUTION NUMBER (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,2000 WHEREAS, a Special Municipal Election is to be held in the City of Santa Monica on Tuesday, November 7,2000; and WHEREAS, in the course of conduct of the Special Municipal Election and in relation thereto, it will be necessary to mail sample ballots and polling place information to the registered voters of the City of Santa Monica; and WHEREAS, it will facilitate the mailing of sample ballots if the Registrar of Voters of the County of Los Angeles will make available to the City of Santa Monica the computer record of the names and addresses of all eligible registered voters in order that labels may be printed for attaching to self-mailer sample ballot pamphlets; and WH EREAS, the City of Santa Monica desires the Registrar of Voters to furnish such other election assistance as may be authorized by state law; and WHEREAS, all necessary expense in performing these services shall be paid by the City of Santa Monica, - 1 - NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Elections Code Section 10002, the City Council requests that the Board of Supervisors of the County of Los Angeles permit the Registrar of Voters to provide the following services to the City to the extent determined necessary by the City Clerk: (1) prepare and fu rnish to the City of Santa Monica for use in conducting its Special Municipal Election the computer record of the names and addresses of eligible registered voters in the City of Santa Monica in order that the City of Santa Monica may print labels to be attached to self-mailer sample ballot pamphlets; (2) furnish to the City of Santa Monica printed indices of the voters to be used by the precinct board at the polling place; (3) make available to the City of Santa Monica additional election equipment and assistance according to state law; and (4) provide such other services as may be deemed necessary to reduce the expense and administrative burden of the election. SECTION 2. The City of Santa Monica shall reimburse the County of Los Angeles for services performed when the work is completed and upon presentation to the City of Santa Monica of a properly approved bill. - 2 - SECTION 3. The City Clerk is directed to forward without delay to the Board of Supervisors of the County of Los Angeles and to the Registrar of Voters a certified copy of this Resolution. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: - 3 - Exhibit F f:\atty\mu ni\laws\mj m\a rgu ment. wpd City Council Meeting 7-25-00 Santa Monica, California RESOLUTION NUMBER _ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES TO BE PLACED ON THE BALLOT AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2000 WHEREAS, a Special Municipal Election is to be held in the City of Santa Monica on Tuesday, November 7,2000; and WHEREAS, among other things, at the Special Municipal Election there will be submitted to the qualified electors of the City of Santa Monica two proposed amendments to the City Charter; and WHEREAS, Elections Code Section 9282 authorizes the City Council, or any member or members of the City Council authorized by the City Council, to file a written argument for or against any City measure, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS: SECTION 1. The City Council authorizes the following Council members to file written arguments as follows: 1 "Living Wage" Initiative ARGUMENT IN FAVOR OF: ARGUMENT AGAINST: "Taxpayer Protection" Initiative ARGUMENT IN FAVOR OF: ARGUMENT AGAINST: SECTION 2. Written arguments, not to exceed 300 words in length, are to be filed with the City Clerk by 5:00 p.m. on August 7, 2000. Arguments so submitted may be changed or withdrawn by the authors until and including the date fixed by the City Clerk, after which no arguments for or against the measure may be submitted to the City Clerk. 2 SECTION 3. Pursuant to Elections Code Section 9280 the City Attorney is directed to prepare an impartial analysis of each initiative measure. SECTION 4. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. 3