Ordinance No. 1187ORDINANCE NO. 1187
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING CHAPTER 2,OF THE CODE OF THE CITY
OF VERNON RELATING TO LIVING WAGES
WHEREAS, on August 22, 2011, Senator Kevin De Leon submitted
to the City a list of Critical Path Reforms aimed at supplementing
measures the City has already taken to improve transparency and ensure
a lasting system of legitimate governance in the City, including a
measure to establish a living wage program; and
WHEREAS, on August 25, 2011, the City adopted a resolution
calling for the immediate adoption of Senator De Leon's considered
reform proposals, including a living wage policy; and
WHEREAS, the City already provides its employees living wages
and days off as required by the proposed living wage ordinance, but
seeks to codify this practice by ordinance; and
WHEREAS, experience indicates that employers benefiting from
City service contracts, financial assistance/grants, and leases or
licenses are compensating their employees at wages at, or slightly
above the minimum required by federal and state minimum wage laws, and
such minimal compensation tends to inhibit the quantity and quality of
services rendered by such employees to the City and to the public by
fostering high turnover, absenteeism, and subpar performance; and
WHEREAS, in requiring the payment of a higher minimum level
of compensation for qualifying employees, a living wage ordinance would
help provide employees with resources sufficient to afford life in
Southern California and limit the demand for social support services;
and
WHEREAS, requiring payment of the living wage serves both
proprietary and humanitarian concerns of the City, and non -complying
employers should face the prospect of civil penalties if they fail to
cure non-compliance after having been given formal notice thereof; and
WHEREAS, the City Council desires to enact a comprehensive
living wage program into law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY
ORDAINS:
SECTION 1: CODE AMENDED.
Article XVIII, Sections 2.131 to 2.144 of Chapter 2 of the
Code of the City of Vernon is hereby added to read as follows:
"ARTICLE XVIII
LIVING WAGES
TABLE OF CONTENTS
Section 2.131. Definitions.
Section 2.132. Payment of Minimum Compensation to Employees.
Section 2.133. Health Benefits.
Section 2.134. Notifying Employees of Their Potential Right
to the Federal Earned Income Credit.
Section 2.135. Retaliation Prohibited.
Section 2.136. Enforcement.
Section 2.137. Administration.
Section 2.138. Coexistence with Other Available Relief for
Specific Deprivations of Protected Rights.
Section 2.139. Expenditures Covered.
Section 2.140. Timing of Application.
Section 2.141. Supersession by Collective Bargaining
Agreement.
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Section 2.142. Liberal Interpretation of Coverage; Rebuttable
Presumption of Coverage.
Section 2.143. City Compliance.
Section 2.144. Severability.
Section 2.131. 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
financial assistance recipient that awards or is otherwise
responsible for the administration of a service contract or public
lease or license, or, where there is no such subordinate or
component entity or person, then the City or the City financial
assistance recipient.
(b) "City" means the City of Vernon and all awarding
authorities thereof, including those City departments which
exercise independent control over their expenditure of funds.
(c) "City financial assistance recipient" means any person
who receives from the City discrete financial assistance for
economic development or job growth expressly articulated and
identified by the City, as contrasted with generalized financial
assistance such as through tax legislation, in accordance with the
following monetary limitations. Assistance given in the amount of
one million dollars ($1,000,000) or more in any twelve-month
period shall require compliance with this article for five years
from the date such assistance reaches the one million dollar
($1,000,000) threshold. For assistance in any twelve month period
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totaling less than one million dollars ($1,000,000) but at least
one hundred thousand dollars ($100,000), there shall be compliance
for one year if at least one hundred thousand dollars ($100,000)
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 assistance reaches the one -hundred
thousand dollar ($100,000) threshold.
Categories of such assistance include, but are not limited
to, bond financing, planning assistance, tax increment financing
exclusively by the City, and tax credits. City staff assistance
shall not be regarded as financial assistance for purposes of this
article. A loan shall not be regarded as financial assistance. The
forgiveness of a loan shall be regarded as financial assistance. A
loan shall be regarded as financial assistance 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 26 U.S.C.
§§ 1274(d), 7872(f). A recipient shall not be deemed to include
lessees and sublessees.
A recipient shall be exempted from application of this
article if:
(1) it is in its first year of existence, in which case the
exemption shall last for one (1) year,
(2) it employs fewer than five (5) employees for each
working day in each of twenty (20) or more calendar weeks in the
current or preceding calendar year, or
(3) it obtains a waiver as provided herein.
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A recipient - who employs the long-term unemployed or
provides trainee positions intended to prepare employees for
permanent positions, and who claims that compliance with this
article would cause an economic hardship - may apply in writing to
the City department or office administering such assistance, which
department or office which shall forward such application and its
recommended action on it to the City Council. Waivers shall be
effected by Council resolution.
(d) "Contractor" means any person that enters into:
(1) a service contract with the City,
(2) a service contract with a proprietary lessee or licensee
or sublessee or sublicensee, or
(3) a contract with a City financial assistance recipient to
assist the recipient in performing the work for which the
assistance is being given. Vendors, such as service contractors,
of City financial assistance recipients shall not be regarded as
contractors except to the extent provided in Subsection (f).
(e) "Designated Administrative Agency (DAA)" means the City
Administrator, or another department or office designated by City
Council resolution, who shall bear administrative responsibilities
under this article.
(f) "Employee" means any person - who is not a managerial,
supervisory, or confidential 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
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employees; janitorial employees; security guards; parking
attendants; nonprofessional health care employees; gardeners;
waste management employees; and clerical employees;
(2) as a service employee - of a public lessee or licensee,
of a sublessee or sublicensee, or of a service contractor or
subcontractor of a public lessee or licensee, or sublessee or
sublicensee - who works on the leased or licensed premises;
(3) by a City financial assistance recipient who expends at
least half of his or her time on the funded project; or
(4) 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.
(g) "Employer" means any person who is a City financial
assistance recipient, contractor, subcontractor, public lessee,
public sublessee, public licensee, or public sublicensee and who
is required to pay a business license tax pursuant to Vernon
Municipal Code § 5.01 et seq., or successor ordinance or, if
expressly exempted by the Code from such tax, would otherwise be
subject to the tax but for such exemption; provided, however, that
corporations organized under § 501(c)(3) of the United States
Internal Revenue Code of 1954, 26 U.S.C. § 501(c)(3), whose chief
executive officer earns a salary which, when calculated on an
hourly basis, is less than eight (8) times the lowest wage paid by
the corporation, shall be exempted as to all employees other than
child care workers.
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(h) "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.
(i) "Public lease or license."
(a) Except as provided in Subsection (i)(b), "Public lease
or license" means a lease or license of City property on which
services are rendered by employees of the public lessee or
licensee or sublessee or sublicensee, or of a contractor or
subcontractor, but only where any of the following applies:
(1) The services are rendered on premises at least a portion
of which is visited by substantial numbers of the public on a
frequent basis (including, but not limited to, parking lots and
recreational facilities); or
(2) Any of the services could feasibly be performed by City
employees if the awarding authority had the requisite financial
and staffing resources; or
(3) The DAA has determined in writing that coverage would
further the proprietary interests of the City.
(b) A public lessee or licensee will be exempt from the
requirements of this article subject to the following limitations:
(1) The lessee or licensee has annual gross revenues of less
than the annual gross revenue threshold, three hundred fifty
thousand dollars ($350,000), from business conducted on City
property;
(2) The lessee or licensee employs no more than seven (7)
people total in the company on and off City property;
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(3) To qualify for this exemption, the lessee or licensee
must provide proof of its gross revenues and number of people it
employs in the company's entire workforce to the awarding
authority as required by regulation;
(4) Whether annual gross revenues are less than three
hundred fifty thousand dollars ($350,000) shall be determined
based on the gross revenues for the last tax year prior to
application or such other period as may be established by
regulation;
(5) The annual gross revenue threshold shall be adjusted
annually at the same rate and at the same time as the living wage
is adjusted under Section 2.132(a);
(6) A lessee or licensee shall be deemed to employ no more
than seven (7) people if the company's entire workforce worked an
average of no more than one thousand two -hundred fourteen (1,214)
hours per month for at least three -fourths (3/4) of the time
period that the revenue limitation is measured;
(7) Public leases and licenses shall be deemed to include
public subleases and sublicenses;
(8) If a public lease or license has a term of more than two
(2) years, the exemption granted pursuant to this Section shall
expire after two (2) years but shall be renewable in two-year
increments upon meeting the requirements therefor at the time of
the renewal application or such period established by regulation.
(j) "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 or renting of property) and that involves an expenditure
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in excess of twenty-five thousand dollars ($25,000) and a contract
term of at least three (3) months; but only where any of the
following applies:
(1) at least some of the services rendered are rendered by
employees whose work site is on property owned by the City,
(2) the services could feasibly be performed by City
employees if the awarding authority had the requisite financial
and staffing resources, or
(3) the DAA has determined in writing that coverage would
further the proprietary interests of the City.
(k) Subcontractor" means any person not an employee that
enters into a contract (and that employs employees for such
purpose) with
(1) a contractor or subcontractor to assist the contractor
in performing a service contract or
(2) a contractor or subcontractor of a proprietary lessee or
licensee or sublessee or sublicensee to perform or assist in
performing services on the leased or licensed premises. Vendors,
such as service contractors or subcontractors, of City financial
assistance recipients shall not be regarded as subcontractors
except to the extent provided in Subsection (f).
(1) "Willful violation" means that the employer knew of his,
her, or its obligations under this article and deliberately failed
or refused to comply with its provisions.
Section 2.132. Payment of Minimum Compensation to Employees.
(a) Employers shall pay Employees a wage of no less than the
hourly rates set under the authority of this article.
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The hourly rates are ten dollars and thirty cents ($10.30)
per hour with health benefits or, if health benefits are not
provided, then eleven dollars and fifty-five cents ($11.55) per
hour.
The hourly rates are subject to annual adjustments based on
changes in the Federal Bureau of Labor Statistics Consumer Price
Index for All Urban Consumers, for the Los Angeles area, for the
preceding calendar year. The DAA shall present for the City
Council's approval, proposed annual adjustments to the hourly
rates, if any, by July 1st of each year. If approved by the City
Council, the DAA shall publish a bulletin announcing the adjusted
rates, which shall take effect upon such publication.
(b) 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.
Section 2.133. Health Benefits.
The health benefits required by this article shall consist of
the payment of at least one dollar and twenty-five cents ($1.25)
per hour towards the provision of health care benefits for
Employees and their dependents. Proof of the provision of such
benefits must be submitted to the awarding authority to qualify
for the wage rate in Section 2.132(a) for Employees with health
benefits.
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Section 2.134. Notifying Employees of Their Potential Right
to the Federal Earned Income Credit.
Employers shall inform employees making less than twelve
dollars ($12) per hour of their possible right to the federal
Earned Income Credit ("EIC") under Section 32 of the Internal
Revenue Code of 1954, 26 U.S.C. § 32, and shall make available to
employees forms informing them about the EIC and forms required to
secure advance EIC payments from the employer.
Section 2.135. Retaliation Prohibited.
Neither an employer, as defined in this article, nor any
other person employing individuals shall discharge, reduce in
compensation, or otherwise discriminate against any employee for
complaining to the City with regard to the employer's compliance
or anticipated compliance with this article, for opposing any
practice proscribed by this article, for participating in
proceedings related to this article, for seeking to enforce his or
her rights under this article by any lawful means, or for
otherwise asserting rights under this article.
Section 2.136. Enforcement.
(a) An employee claiming violation of this article may bring
an action in the Superior Court of the State of California against
an employer and may be awarded:
(1) For failure to pay wages required by this article - back
pay for each day during which the violation continued.
(2) For failure to pay medical benefits - the differential
between the wage required by this article without benefits and
such wage with benefits, less amounts paid, if any, toward medical
benefits.
(3) For retaliation - reinstatement, back pay, or other
equitable relief the court may deem appropriate.
(4) For willful violations, the amount of monies to be paid
under Subsection (a)(1) - (a)(3) shall be trebled.
(b) The court shall award reasonable attorney's fees and
costs to an employee who prevails in any such enforcement action
and to an employer who so prevails if the employee's suit was
frivolous.
(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 constitute a material
breach thereof and entitle the City to terminate the contract and
otherwise pursue legal remedies that may be available. Such
contracts shall also include a pledge that there shall be
compliance with federal law proscribing retaliation for union
organizing.
(d) An employee claiming violation of this article may
report such claimed violation to the DAA which shall investigate
such complaint. Whether based upon such a complaint or otherwise,
where the DAA has determined that an employer has violated this
article, the DAA shall issue a written notice to the employer that
the violation is to be corrected within ten (10) days. In the
event that the employer has not demonstrated to the DAA within
such period that it has cured such violation, the DAA may then:
(1) Request the awarding authority to declare a material
breach of the service contract, public lease or license, or
financial assistance agreement and exercise its contractual
remedies thereunder, which are to include, but not be limited to,
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termination of the service contract, public lease or license, or
financial assistance agreement and the return of monies paid by
the City for services not yet rendered.
(2) Request the City Council to debar the employer from
future City contracts, leases, and licenses for three (3) years or
until all penalties and restitution have been fully paid,
whichever occurs last. Such debarment shall be to the extent
permitted by, and under whatever procedures may be required by,
law.
(3) Request the City Attorney to bring a civil action
against the employer seeking:
(i) Where applicable, payment of all unpaid wages or health
premiums prescribed by this article; and/or
(ii) A fine payable to the City in the amount of up to one
hundred dollars ($100) for each violation for each day the
violation remains uncured.
Where the alleged violation concerns non-payment of wages or
health premiums, the employer will not be subject to debarment or
civil penalties if it pays the monies in dispute into a holding
account maintained by the City for such purpose. Such disputed
monies shall be presented to a neutral arbitrator for binding
arbitration. The arbitrator shall determine whether such monies
shall be disbursed, in whole or in part, to the employer or to the
employees in question. Rules and procedures promulgated by the DAA
shall establish the framework and procedures of such arbitration
process. If the DAA does not promulgate such rules or procedures,
the framework and procedures of such arbitration process shall be
governed by the rules of Judicial Arbitration Mediation Services
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(JAMS). The cost of arbitration shall be borne by the City, unless
the arbitrator determines that the employer's position in the
matter is frivolous, in which event the arbitrator shall assess
the employer for the full cost of the arbitration. Interest earned
by the City on monies held in the holding account shall be added
to the principal sum deposited, and the monies shall be disbursed
in accordance with the arbitration award. A service charge for the
cost of account maintenance and service may be deducted therefrom.
(e) Notwithstanding any provision of this Code or any other
ordinance to the contrary, no criminal penalties shall attach for
violation of this article.
section 2.137. Administration.
The DAA shall monitor compliance, including the investigation
of claimed violations, and shall promulgate implementing rules and
procedures consistent with this article as necessary. The DAA
shall also issue determinations that persons are City financial
assistance recipients, and that particular contracts shall be
regarded as "service contracts" for purposes of Section 2.131(j),
and that particular leases and licenses shall be regarded as
"public leases" or "public licenses" for purposes of Section
2.131(i), when it receives an application for a determination of
non -coverage or exemption as provided for in Section 2.142. The
DAA shall also establish employer reporting requirements on
employee compensation and on notification about and usage of the
federal EIC referred to in Section 2.134 as appropriate. The DAA
shall report on compliance to the City Council no less frequently
than annually.
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Every three years of this article's operation as of its
effective date, the DAA shall conduct or commission an evaluation
of this article's operation and effects. The evaluation shall
specifically address at least the following matters:
(a) how extensively affected employers are complying with
the article;
(b) how the article is affecting the workforce composition
of affected employers;
(c) how the article is affecting productivity and service
quality of affected employers;
(d) how the additional costs of the article have been
distributed among workers, their employers, and the City. within
one hundred eighty (180) days of the adoption of this article,
these offices shall develop detailed plans for evaluation,
including a determination of what current and future data will be
needed for effective evaluation.
Section 2.138. Coexistence with other Available Relief for
Specific Deprivations of Protected Rights.
This article shall not be construed to limit an employee's
right to bring legal action for violation of other minimum
compensation laws.
Section 2.139. Expenditures Covered.
This article shall apply to the expenditure - whether through
aid to City financial assistance recipients, service contracts let
by the City, or service contracts let by its financial assistance
recipients - of funds entirely within the City's control and to
other funds, such as federal or state grant funds, where the
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application of this article is consonant with the laws authorizing
the City to expend such other funds.
Section 2.140. Timing of Application.
The provisions of this article as enacted by Ordinance No.
1187, as of its effective date, shall apply to contracts, contract
amendments, financial assistance, supplemental finance assistance,
and public leases or licenses, consummated after such date.
Section 2.141. Supersession by
Collective Bargaining Agreement.
Parties subject to this article may by collective bargaining
agreement provide that such agreement shall supersede the
requirements of this article.
Section 2.142. Liberal Interpretation of Coverage; Rebuttable
Presumption of Coverage.
The definitions of "City financial assistance recipient" in
Section 2.131(c), of "public lease or license" in Section
2.131(i), and of "service contract" in Section 2.131(j) shall be
liberally interpreted so as to further the policy objectives of
this article. All recipients of City financial assistance meeting
the monetary thresholds of Section 2.131(c), all City leases and
licenses (including subleases and sublicenses) where the City is
the lessor or licensor, and all City contracts providing for
services that are more than incidental, shall be presumed to meet
the corresponding definition just mentioned, subject, however, to
a determination by the DAA of non -coverage or exemption on any
basis allowed by this article, including, but not limited to, non -
coverage for failure to satisfy such definition. The DAA shall
establish procedures for informing persons engaging in such
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transactions with the City of their opportunity to apply for a
determination of non -coverage or exemption and procedures for
making determinations on such applications.
Section 2.143. City Compliance.
The provisions of this article shall apply to employees of
the City.
Section 2.144. Severability.
If any provision of this article is declared legally invalid
by any court of competent jurisdiction, the remaining provisions
shall remain in full force and effect."
SECTION 2: SEVERABILITY.
The City Council declares that, should any portion of this
ordinance be rendered or declared invalid by any final court action in
a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining portions of this ordinance shall remain in
full force and effect.
SECTION 3: PUBLICATION.
The City Clerk shall attest and certify to the adoption of
this Ordinance and shall cause this Ordinance and the City Clerk's
certification to be entered in the Book of Ordinances of the Council of
this City. The City Clerk shall cause this ordinance to be published
or posted as required by law.
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SECTION 4: EFFECTIVE DATE.
This Ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
APPROVED AND ADOPTED this 4th day of October, 2011.
Name: Hilario Gonzales
Title: Mayor
�i:
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, WILLARD G. YAMAGUCHI, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1187 was duly and regularly introduced at a meeting
of the City Council of the City of Vernon, held in the City of
Vernon on Tuesday, September 20, 2011, and thereafter adopted at a
meeting of said City Council held on Tuesday, October 04, 2011, by
the following vote:
AYES: Councilmembers: Mayor Gonzales, Davis,
Maisano, McCormick,
Newmire
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
e
Executed this day of October, 2011, at Vernon,
California.
(SEAL)
=WM
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: October 5, 2011
TO: Rory Burnett, Finance Director/City Treasurer
Daniel Calleros, Interim Police Chief
Kristen Enomoto, Council Department Manager
Carlos Fandino, Director of Light & Power
Masami Higa, Assistant Finance Director
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
Lewis Pozzebon, Director of Health & Environmental Control
James Rodino, Police Captain
Martha Valenzuela, Director of Personnel/Business Services
Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Community
S rvices & Water
FROM: Willard Yamaguchi, City Clerk V' ,
RE: Ordinance No. 1187 — An Ordinance of the City Council of the City of Vernon Amending
Chapter 2 of the Code of the City of Vernon Relating to Living Wages
Transmitted herewith is a copy of Ordinance No. 1187 referenced above, which was approved by City
Council on October 4, 2011.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Ordinance No. 1187
RECEIVED
SEP 1 4 2011
STAFF REPORT
CITY CLERK'S OFFICE CITY ADMINISTRATION
DATE: September 13, 2011
TO: Honorable Mayor and City Council
FROM: Mark C. Whitworth, City Administrator
RE: Ordinance No.1187: Living Wage Ordinance 01
Background
On August 22, 2011, Senator Kevin De Leon submitted to the City a list of Critical Path Reforms
aimed at supplementing measures the City has already taken to improve transparency and ensure
a lasting system of legitimate governance in the City. One of Senator De Leon's proposals
called for the City to establish a living wage program.
On August 25, 2011, the City adopted a resolution calling for the immediate adoption of Senator
De Leon's considered reform proposals, including a living wage policy. Resolution No. 2011-
149 directed the City Administrator to prepare an appropriate living wage policy for the City, for
the City Council's review and adoption into law.
In framing Vernon's proposed living wage policy, the City found guidance in the City of Los
Angeles Living Wage Ordinance, Los Angeles Municipal Code, Art. XI, Sections 10.37 et seq.
Los Angeles was one of the first major cities in the country to adopt such an ordinance in 1997,
and the ordinance, as amended, continues to provide a successful model for other cities to
emulate.
The attached proposed living wage ordinance for City employees and contractors is modeled
after the City of Los Angeles' Living Wage Ordinance, and includes the following:
Minimum Living Wages: A requirement that the City and qualifying
employers pay qualifying employees a wage of no less than $10.30 per
hour with health benefits, or $11.55 per hour without health benefits (the
same as under the Los Angeles Living Wage Ordinance).
• Annual Adjustments to Wages: A requirement that the Vernon living
wage be adjusted annually to reflect annual adjustments to the Consumer
Price Index.
• Paid and Unpaid Days Off. A requirement that the City and qualifying
employers provide qualifying employees at least twelve compensated days
off per year for sick leave, vacation, or personal necessity at the
employee's request, and an additional ten days a year of uncompensated
time for sick leave.
• Applicability: Application of minimum living wage rates and paid and
unpaid days off to City employees and qualified employees of qualifying
employers benefiting from City service contracts, financial
assistance/grants, or leases or licenses meeting certain defined thresholds.
• No Retaliation: A prohibition on employer retaliation against employees
complaining to the City with regard to the employer's compliance with the
living wage ordinance.
• Enforcement: A provision for qualified employees to bring an action in
Superior Court against an employer for back pay, treble damages for
willful violations, and attorney's fees, or for City officials to terminate the
service contract or financial assistance agreement of violating employers
under certain circumstances.
• Ongoing Studies: A requirement that the City Administrator conduct or
commission a study every three years to evaluate how extensively
employers are complying with the living wage ordinance, how the
ordinance is affecting workforce composition and employer productivity
and service quality, and how costs of the ordinance are being distributed.
• Exclusion by Collective Bargaining: An exclusion from the ordinance
based on collective bargaining agreements providing that such agreements
shall supersede the requirements of the ordinance.
The City already pays its employees living wages and provides at least the number of
compensated and uncompensated days off as would be required under the proposed living wage
ordinance. The ordinance would simply require the City to continue to provide its employees
these benefits.
Recommendation
Adopt the attached ordinance enacting a living wage policy.
2
Juarez, Debbie
From:
Barcia, Ana
Sent:
Tuesday, October 11, 2011 3:58 PM
To:
'Bianca @ Eastern Group'
Cc:
Yamaguchi, Willard; Juarez, Debbie
Subject:
October 13 Publication - Ordinance No. 1187 - Second Summary
Attachments:
1187 Second Summary.doc
Hello Bianca,
Please include the attached Second Summary of Ordinance No. 1187 in the October 13, 2011, publication. Please
respond to this email confirming receipt.
You may forward the invoice to my attention.
Thank you,
Ana Barcia
City of Vernon
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia@ci.vemon.ca.us
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may
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CITY OF VERNON CITY COUNCIL MEETING
OCTOBER 4, 2011
ORDINANCE NO. 1187 SUMMARY
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1187
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
Ordinance No. 1187 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on September 20, 2011, and approved and adopted by said Council
at a regular meeting held on October 4, 2011.
On October 4, 2011, the City Council of the City of Vernon adopted Ordinance No. 1187
amending Chapter 2 of the Code of the City of Vernon relating to Living Wages.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance No. 1187 was duly introduced and approved by the City Council of the City of
Vernon at a regular meeting held on September 20, 2011 and adopted and passed by said
Council at a regular meeting held on October 4, 2011 by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dated: October 11, 2011
Mayor Gonzales, Davis,
McCormick, Maisano, Newmire
None
hlom
Willard G. Yamaguchi, City Clerk
Juarez, Debbie
From:
Barcia, Ana
Sent:
Tuesday, September 27, 2011 2:56 PM
To:
'Bianca @ Eastern Group'
Cc:
Yamaguchi, Willard; Enomoto, Kristen; Juarez, Debbie
Subject:
09-29-11 Publication
Attachments:
1187 First Summary.doc
Hello Bianca,
Please include the attached Summary for Ordinance No. 1187 in the September 29, 2011, publication. Please respond to
this email confirming receipt.
You may forward the invoice to my attention.
Thank you,
Ana Barcia
City of Vernon
T: 323) 583-8811 ex 286
F: 323) 826-1439
abarcia(@,ci.vemon.ca.us
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CITY OF VERNON CITY COUNCIL MEETING
OCTOBER 4, 2011
ORDINANCE NO. 1187 SUMMARY
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1187
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
Ordinance No. 1187 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on September 20, 2011. Ordinance No. 1187 is scheduled to be
approved and adopted by said Council at a regular meeting to be held on October 4, 2011.
On October 4, 2011, the City Council of the City of Vernon is proposing to adopt
Ordinance No. 1187 amending Chapter 2 of the Code of the City of Vernon relating to
Living Wages.
Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that
Ordinance No. 1187 was duly introduced to the City Council of the City of Vernon at a
regular meeting held on September 20, 2011 and said Ordinance is scheduled to be
approved and adopted at a regular meeting of the City Council to be held on October 4,
2011.
Dated: September 27, 2011
Willard G. Yamaguchi, City Clerk
ORDINANCE NO. 1191
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING ORDINANCE NO. 1187 RELATING TO
LIVING WAGES TO REMOVE LANGUAGE IN SECTION 2.132(b)
WHEREAS, on October 4, 2011, the City Council of the City of
Vernon adopted Ordinance No. 1187 amending Chapter 2 of the Code of the
City of Vernon relating to Living Wages as part of the City's good
governance reforms; and
WHEREAS, the City Council desires to amend Ordinance No. 1187
to remove the language "at the employee's request" from Section
2.132(b).
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: Article XVIII, Section 2.132(b) of Chapter 2 of the
Code of the City of Vernon is hereby amended to read as follows:
Section 2.132. Payment of Minimum Compensation to Employees.
(b) Employers shall provide at least twelve (12) compensated days
off per year for sick leave, vacation, or personal necessity. 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.
SECTION 3: Severability. The City Council declares that, should
any portion of this ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining portions of this ordinance shall remain
in full force and effect.
SECTION 4: Book of Ordinances. The City Clerk shall attest
and certify to the adoption of this Ordinance and shall cause this
Ordinance and the City Clerk's certification to be entered in the Book
of Ordinances of the Council of this City. The City Clerk shall cause
this ordinance to be published or posted as required by law.
SECTION 5: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m. on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 17th day of January, 2012.
Name: William J. Davis
Title:-Ma-�Mayor Pro-Tem
- 2 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, WILLARD G. YAMAGUCHI, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1191, was duly and regularly introduced at a regular
meeting of the City Council of the City of Vernon, held in the
City of Vernon on Tuesday, January 3, 2012, and thereafter adopted
at a meeting of said City Council held on Tuesday, January 17,
2012, by the following vote:
AYES: Councilmembers: Mayor Pro-Tem Davis,
Maisano, McCormick,
Newmire
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this -Zf-- day of January, 2012, at Vernon,
California.
(SEAL)
- 3 -
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: January 18, 2012
TO: Rory Burnett, Finance Director/City Treasurer
Daniel Calleros, Interim Police Chief
Kristen Enomoto, Council Department Manager
Carlos Fandino, Director of Light & Power
Masami Higa, Assistant Finance Director
Alex Kung, Senior Accounting Manager
Joaquin Leon, Deputy City Treasurer
Leonard Grossberg, Interim Director of Health & Environmental Control
James Rodino, Police Captain
Martha Valenzuela, Director of Personnel/Business Services
Mark Whitworth, City Administrator/Fire Chief
Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Ordinance No. 1191 — An Ordinance of the City Council of the City of Vernon Amending
Ordinance No. 1187 Relating to Living Wages to Remove Language in Section 2.132 (b)
Transmitted herewith is a copy of Ordinance No. 1191 referenced above, which was approved by City
Council on January 17, 2012.
Thank you.
WY:dj
Attachment
c: Ana Barcia
Ordinance Nos. 1191 & 1187
STAFF REPORT
CITY ADMINISTRATION
DATE: December 13, 2011
TO: Honorable City Council
FROM: Mark C. Whitworth, City Administrator
RE: Living Wage Ordinance Amendment
Background
On October 4, 2011, the City Council adopted a Living Wage Ordinance (Ordinance No. 1187)
as part of the City's good governance reforms. The ordinance applies to City employees and
contractors and was modeled after the City of Los Angeles's Living Wage Ordinance.
Upon further examination of the ordinance, it has been discovered that certain language in
Section 2.132(b) was inadvertently included. This section states in part that "[e]mployers shall
provide at least twelve (12) compensated days off per year for sick leave, vacation, or personal
necessity at the employee's request." The italicized language provides the employee the option
of designating up to twelve days of his/her compensated time off as any one categorical type.
The City currently provides entry level employees with a total of sixteen (16) compensated days
off per year, eight (8) as sick leave and eight (8) as vacation. Thus, if the required twelve days
consisted of any combination of the three types, the City would be more than meeting the
minimum requirement. An informal survey revealed that several of the City's current
contractors are in similar situations.
By simply removing the language, "at the employee's request[,]" from this provision of the
ordinance, it would allow the City and its contractors the appropriate flexibility to meet the 12-
day minimum requirement, while maintaining the requirement that employees receive a
minimum of twelve compensated days off per year.
Recommendation
It is recommended that Ordinance No. 1187 be amended to remove the language, "at the
employee's request" from Section 2.132(b).
This space is for the County Clerk's Filing Stamp
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PROOF OF PUBLICATION
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STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN,
NORTHEAST SUN, BELL GARDENS SUN,
VERNON SUN, COMMERCE COMET,
CITYTERRACE COMET, MONTEBELLO COMET,
MONTEREY PARK COMET,
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AND WYVERNWOOD CHRONICLE,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper has been
adjudicated a newspaperof general circulation by
the Superior Court of the County of Los Angeles,
State of California, under the
date of JUNE 21, 1966,
CASE NUMBER 884861;
that the notice -,of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to -wit:
SEPTEMBER 29,
all in the year 2011.
certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 29hday of SEPTEMBER, 2011.
I%Vrka�
Signature U
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
October 4. 2011
Ordinance No. 1187 Summary
gellI
Since 9
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iast$rn Group Jjuhlirztfiouz, (�Jjltc_
The Only All Hispanic Owned Chain of Bilingual Newspapers
111 S. Avenue 59, Los Angeles, CA 90042-4211
Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES
I am a citizen of the United States and a resident
of the County aforementioned; I am over the age
of eighteen years, and not a party to or interested
in the above -entitled. matter. I am the principal
clerk of the printer of
EASTERN GROUP PUBLICATIONS'
EASTSIDE SUN, MEXICAN AMERICAN SUN,
NORTHEAST SUN, BELL GARDENS SUN,
VERNON SUN, COMMERCE COMET,
CITY TERRACE COMET, MONTEBELLO COMET,
MONTEREY PARK COMET,
E.L.A. BROOKLYN BELVEDERE COMET
AND WYVERNWOOD CHRONICLE,
newspapers of general circulation, printed
and published THURSDAYS in the County of
Los Angeles, and which newspaper has been
adjudicated a newspaper of general circulation by
the Superior Court of the County of Los Angeles,
State of California, under the
date of JUNE 21, 1966.
CASE NUMBER 884861;
that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has
been published in each regular and entire issue
of said newspaper and not in any supplement
thereof on the following dates, to -wit:
OCTOBER 13,
all in the year 2011.
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at LOS ANGELES, California,
this 131hday of OCTOBER, 2011.
This space is for the County Clerk's Filing Stamp
CITY OF VERNON
Proof of Publication of
City of Vernon City Council Meeting
October 4. 2011
Ordinance No. 1187 Summary
Si nature