Loading...
SR-05-13-2014-7BCity Council Meeting: May 13, 2014 Agenda Item: :::� To: Mayor and City Council From: Gigi Decavalles- Hughes, Director of Finance Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Chapter 4.65, Living Wage Recommended Action This report recommends that the City Council introduce for first reading an ordinance amending Santa Monica Municipal Code Chapter 4.65 to increase the City's Living Wage to $15.37 per hour effective July 1, 2014. Executive Summary The increase to the living wage recommended from $14.08 to $15.37 per hour in this report would affect the contracts for services that the City currently has and any new ones that will be awarded for the next fiscal year. The increase would also affect certain City employees as it would establish the rate as the new minimum wage. Background The living wage ordinance was adopted on March 08, 2005. The ordinance, which became effective on July 1, 2005, established a wage requirement of $11.50 per hour for contracts in excess of $50,000; established exemptions for government agencies, City grantees and other nonprofits; and included annual escalator clauses for both the wage level and the contract threshold. On April 08, 2008, Council approved a revision of the ordinance removing the provision requiring an annual adjustment of the contract threshold amount to avoid confusing contractors and providing an exemption for banking services. The ordinance was last revised on April 12, 2011 to require that contractors provide the same benefits to same sex spouses and domestic partners as are provided to other employees' spouses. At this time, the living wage rate is $14.08 per hour. Discussion Pursuant to Council direction at its January 28 2014 and February 11, 2014 meetings, staff is preparing to implement a new living wage rate of $15.37 per hour for City employees and for employees performing work under contract for services in an amount of $54,200 or more, to become effective July 1, 2014. The new living wage rate would be equivalent to that which the Council has approved in a number of recent development agreements. The living wage rate would continue to adjust annually by the consumer price index. It is anticipated that 315 City employees, most of them temporary employees, and 220 City contracts would be impacted by the increased rate. Public Outreach Staff would send letters to all existing contractors who currently are required to pay the living wage notifying them of the change in the wage rate. The letter would also be sent to all contractors who would reach the threshold of $54,200 next fiscal year due to the increase. All competitive bid documents would have the new rate listed so that any contractors submitting a bid would include the new rate in their price. Financial Impacts & Budget Actions The total cost to increase staff salaries and contractual work to reflect the new living wage rate is approximately $700,000. Staff will incorporate these costs in the Proposed FY 2014 -15 exception -based budget that will be presented to Council on May 27, 2014. Prepared by: Araceli Esparza, Purchasing Services Manager Approved: Forwarded to Council: Attachments: A. Ordinance 2 City Council Meeting: 5 -13 -14 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.65.010 TO INCREASE THE LIVING WAGE WHEREAS, in May of 2005, the City Council of the City of Santa Monica (the "City Council ") adopted Ordinance No. 2152 to require that persons working on City contracts receive a living wage (the "Living Wage Ordinance "); and WHEREAS, the findings approved as part of the Living Wage Ordinance establish that its purposes include ensuring that those workers have sufficient income to pay the high costs of living in the City, region and State to cover costs of health care, and to have the leisure to participate in civic life; and WHEREAS, the Living Wage Ordinance set an initial Minimum Wage of eleven dollars and fifty cents per hour, effective July 1, 2005, to be adjusted annually, each July 1, by an amount equal to the consumer price index ( "CPI ") for the previous year; and WHEREAS, commencing July 1, 2006, the Minimum Wage has increased pursuant to the requirements of the Living Wage Ordinance to an amount equal to fourteen dollars and eight cents ($14.08) effective through June 30, 2014; and WHEREAS, the City Council recently approved several development agreements requiring a wage of fifteen dollars and thirty -seven cents ($15.37) an hour for workers 1 associated with those projects; and WHEREAS, in the interest of consistency, fairness and equal treatment for workers with City contracts and City employees, the City Council now desires to increase the Minimum Wage under the Living Wage Ordinance to an equivalent amount; and WHEREAS, the City wishes to amend Santa Monica Municipal Code Section 4.65.010 to increase the Minimum Wage to an amount equal to fifteen dollars and thirty- seven cents ($15.37), to be effective July 1, 2014. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 4.65.010 of the Santa Monica Municipal Code is hereby amended to read as follows: 4.65.010 Definitions. As used in this chapter: "Employee" means any person who does not actually work as a manager, supervisor, or confidential employee, and who is not required to possess an occupational license. "Minimum Wage" means a wage payment set under this Chapter. at aAs of July 1 2005 Minimum Wage means a wage payment at an initial hourly rate of eleven dollars and fifty cents per hour. As of July 1 2014 Minimum Wage means a wage Payment at an initial hourly rate of fifteen dollars and thirty -seven cents. Thise rate Minimum Wage shall be adjusted annually each July 1st, beginning 2006, by an amount corresponding to the previous year's change (January to January) in the Consumer PJ Price Index for Urban Wage Earners and Clerical Workers 1967 =100 for Los Angeles- Riverside - Orange County, California. 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 further, is hereby repealed or modified to that extent necessary to effect 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 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City 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 within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 3