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 public works projects receiving Federal, State or City financial assistance, or projects located on land leased by the City of Santa Monica to private parties.
(Prior code § 7420; added by Ord. No. 1408CCS, adopted 4/28/87; amended by Ord. No. 2477CCS § 1, adopted 1/13/15)
The following words and phrases as used in this Chapter shall have the following meanings:
Apprenticeship program requirements.
Contractor compliance with the following California Labor Code requirements concerning apprenticeable construction crafts or trades:
(1) 
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 apprenticeship committee or committees for each trade in question either to: (i) a recognized trade-specific training or apprenticeship program sponsored by each union for the administration of such apprenticeship program; or (ii) the California Apprenticeship Council or any successor agency thereto.
City.
The use of the term City herein shall include only the City of Santa Monica, Housing Authority and Parking Authority.
Prevailing wages.
(1) 
For public works projects receiving Federal financial assistance, the minimum wages established pursuant to Federal law for each construction trade or craft.
(2) 
For public works projects receiving only State or City financial assistance, the minimum wages as determined by the Director of the California Department of Industrial Relations for each construction, craft, classification or type of worker needed to execute the public works contract.
(3) 
For purposes herein, "public works" has the same meaning as set forth in California Labor Code Section 1720(a), as amended from time to time.
(4) 
For purposes herein, "paid for in whole or in part with public funds" has the same meaning as set forth in California Labor Code Section 1720(b), as amended from time to time.
Public works project.
Any public works project within the City which fulfills both the following requirements:
(1) 
Is paid for in whole or in part with public funds or is a privately funded project located on land leased by the City to private parties; and
(2) 
Satisfies the minimum thresholds for project size or cost established in this Chapter. Public works project does not include projects undertaken by any public agency other than the City as defined herein.
(Prior code § 7421; added by Ord. No. 1408CCS, adopted 4/28/87; amended by Ord. No. 2477CCS § 1, adopted 1/13/15)
Prevailing wages shall be paid by contractors on public works projects, as follows:
(a) 
Public works projects subject to 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 Federal prevailing wage requirements.
(c) 
Housing projects financed in whole or part by either Federal Housing and Urban Development and/or State Housing and Community Development financial assistance shall comply with the applicable Federal or State prevailing wage requirements in accordance with the requirements of the sources of funding provided for such projects.
(d) 
Public works projects paid for in whole or in part out of public funds solely from the City shall be subject to State prevailing wage requirements if the following minimum thresholds are satisfied:
(1) 
The public works contract is for construction work over twenty-five thousand dollars or unless and to the extent that said threshold amount is increased in the California Labor Code.
(2) 
The public works contract is for alteration, demolition, repair, or maintenance work over fifteen thousand dollars or unless and to the extent that said threshold amount is increased in the California Labor Code.
(e) 
Privately funded projects on land leased by the City to private parties, which are not public works projects, shall be subject to payment of prevailing wages if the lease is executed after the effective date of the ordinance codified in this Chapter and if the following minimum thresholds are satisfied:
(1) 
For a rehabilitation project, either a minimum project size of twenty housing units or a minimum total construction contract cost of two hundred fifty thousand dollars, 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 twenty housing units or a minimum total construction contract cost of one million dollars, 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.
(Prior code § 7422; added by Ord. No. 1408CCS, adopted 4/28/87; amended by Ord. No. 2477CCS § 1, adopted 1/13/15)
Contractors shall comply with the apprenticeship program requirements in connection with the following public works projects:
(a) 
Public works projects shall comply with one of the apprenticeship program requirements set forth in Section 7.28.020(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 in part by either Federal Housing and Urban Development and/or State Housing and Community Development financial assistance shall comply with the applicable Federal or State threshold requirements for sponsorship of or contribution to training or apprenticeship programs.
(d) 
Public works projects paid for in whole or in part out of public funds solely from the City shall adhere to the apprenticeship program requirements set forth in Section 7.28.020(b) of this Chapter if the following minimum thresholds are satisfied:
(1) 
The public works contract is for construction work over twenty-five thousand dollars or unless and to the extent that said threshold amount is increased in the California Labor Code.
(2) 
The public works contract is for alteration, demolition, repair, or maintenance work over fifteen thousand dollars or unless and to the extent that said threshold amount is increased in the California Labor Code.
(e) 
Privately funded projects on land leased by the City to private parties, which are not public works projects, shall be subject to the apprenticeship program requirements stated in this Chapter if the lease is executed after the effective date of the ordinance codified in this Chapter and if the following minimum thresholds are satisfied:
(1) 
For a rehabilitation project, either a minimum project size of twenty housing units or a minimum total construction contract cost of two hundred fifty thousand dollars, 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 twenty housing units or a minimum total construction contract cost of one million dollars, exclusive of expenses associated with site acquisition, architectural and other preconstruction development costs, financing charges, bonding and insurance requirements and fees, permits or licenses required in connection with the projects.
(Prior code § 7423; added by Ord. No. 1408CCS, adopted 4/28/87; amended by Ord. No. 2477CCS § 1, adopted 1/13/15)
Commencing on July 1, 1988, and on each July 1 thereafter, any dollar amount threshold set forth in Sections 7.28.030(e) and 7.28.040(e) of 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.
(Prior code § 7424; added by Ord. No. 1408CCS, adopted 4/28/87; amended by Ord. No. 2477CCS § 1, adopted 1/13/15)
(a) 
The City Manager shall develop appropriate procedures for the review and determination of the applicability of this Chapter's requirements to the particular projects.
(b) 
The City Manager may exempt any privately funded project on land leased by the City to private parties, which is not a public works project, 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 over and above the normal and reasonable costs of at least three 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.
(Prior code § 7425; added by Ord. No. 1408CCS, adopted 4/28/87; amended by Ord. No. 2477CCS § 1, adopted 1/13/15)