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Affordable Housing and Labor Standards / General Plan Amendments / Zoning Changes / Certification of Sufficiency

CF 16-0684   Adopted, (13); Absent: Huizar, Price (2)    Final Ordinance No. 186,483 (January 28, 2020)

PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT and ORDINANCE FIRST CONSIDERATION relative to implementing and enforcing the labor standards for development projects subject to the Build Better LA Initiative.

Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

PRESENT and ADOPT the accompanying ORDINANCE dated August 28, 2019, adding Article 2 to Chapter XVIII of the Los Angeles Municipal Code to implement and enforce the labor standards for development projects subject to the Build Better LA Initiative.

Fiscal Impact Statement: None submitted by the City Attorney. Neither the City Administrative Officer nor the Chief Legislative Analyst has completed a financial analysis of this report.

Community Impact Statement: None submitted.

Click on the BLUE highlight to view official documents and reports.

  • 12/17/2019 Council action final.
  • 12/17/2019 Ordinance posted/published. Ordinance effective date: January 28, 2020.
  • 12/13/2019 Mayor transmitted Council File to City Clerk.
  • 12/12/2019 City Clerk transmitted Council File to Mayor. Last day for Mayor to act is 12/23/2019.
  • 12/11/2019 Council adopted item forthwith.    Report from Planning and Land Use Management Committee (November 26, 2019), Report from City Attorney (August 28, 2019)
  • 12/09/2019 City Clerk scheduled item for Council on December 11, 2019 .  Report from Planning and Land Use Management Committee (November 26, 2019)
  • 12/05/2019 City Clerk scheduled item for Council on January 14, 2020 . Report from Planning and Land Use Management Committee (November 26, 2019), Report from City Attorney (August 28, 2019)
  • 11/26/2019 Planning and Land Use Management Committee approved item(s) .
  • 11/22/2019 Planning and Land Use Management Committee scheduled item for committee meeting on November 26, 2019.
  • 08/30/2019 City Attorney document(s) referred to Planning and Land Use Management Committee.  Report from City Attorney (August 28, 2019), Draft Ordinance (August 28, 2019)
  • 8/29/2019 Document(s) submitted by City Attorney, as follows:  Report from City Attorney (August 28, 2019), Draft Ordinance (August 28, 2019)

City Attorney report R19-0271, dated August 28, 2019, relative to a draft Ordinance adding Article 2 to Chapter XVIII of the Los Angeles Municipal Code to implement and enforce the labor standards form development projects subject to the “Build Better LA Initiative”.

  • 02/01/2019 Council action final.
  • 01/30/2019 Council adopted item, subject to reconsideration, pursuant to Council Rule 51.  PLUM Report (January 22, 2019)

AGENDA – PLANNING AND LAND USE MANAGEMENT COMMITTEE REPORT relative to affordable housing and labor standards as related to implementation of Measure JJJ.

Recommendations for Council action:

APPROVE the Bureau of Contract Administration (BCA) recommendations in the report dated June 6, 2018 (attached to the Council file).

INSTRUCT the BCA as the lead, with the assistance of the City Attorney, the Los Angeles Department of Building and Safety (LADBS) and the Department of City Planning (DCP), to prepare and present an Ordinance for the administration of projects subject to Measure JJJ, and in consultation with the City Administrative Officer (CAO) and the Chief Legislative Analyst (CLA) to include the following:

a. Authorizing the use of the State of California Prevailing Wage Rates as determined by the Office of Policy, Research and Legislation as the appropriate wage rates to be paid to all workers employed on any project awarded subject to Measure JJJ, and in lieu of an advertised date, the date of the developer’s first submittal of a proposal for a project will be used to ascertain the appropriate prevailing wage determination.

b. Applying the Processes and Procedures prepared by the BCA to be utilized as the Bureau’s administrative and enforcement guidelines, which are consistent with existing policies and procedures employed by the BCA, in its enforcement of state and federal prevailing wage rates and the City’s Project Labor Agreements, which include the imposition of penalties, identified in the Proposed JJJ Penalty Chart presented by the BCA, in the event of non-compliance with any of the labor standards mandated by the measure.

c. Authorizing the BCA, in coordination with the CAO, to hire one Management Analyst for the purpose of administering the requirements on Measure JJJ.

d. Authorizing the BCA, in coordination with the LADBS, to not provide clearance for any Certificate of Occupancy for a project until it has been determined that the project has satisfied the labor requirements of Measure JJJ, or until the developer has created an Escrow Account in an amount to be determined by the BCA.

e. Authorizing the BCA to provide status updates during the construction of a project, at the hallway and 3/4 points, to determine compliance.

f. Requiring the developer to submit a fee or other funding mechanism to compensate the Bureau for its administrative and monitoring costs, with this submission being done at the time of, and in no event later than, the issuance of the first building permit for each project which is subject to Measure JJJ.

g. Identifying a fee to implement BCA oversight utilizing the Processes and Procedures, and a fund where such fee would be deposited.

h. Allowing the BCA, in coordination with the CAO, to identify the funds, either in an Escrow Account or the General Fund, where the fees associated with oversight shall be deposited.

RECEIVE and FILE the DCP report dated June 6, 2018 (attached to the Council file), inasmuch as the report is provided for informational purposes.

Fiscal Impact Statement: None submitted by the BCA. Neither the CAO nor the CLA has completed a financial analysis of this report.

Community Impact Statement: None submitted

  • 01/25/2019)19 City Clerk scheduled item for Council on January 30, 2019 .    PLUM Report (January 22, 2019)
  • 01/22/2019 Planning and Land Use Management Committee approved as amended the Bureau of Contract Administration report and receive and file the Department of City Planning report. Report from City Planning (June 8, 2018), Report from Public Works: Contract Administration (June 6, 2018)
  • 01/18/2019 Planning and Land Use Management Committee scheduled item for committee meeting on January 22, 2019. Report from City Planning (June 8, 2018), Report from Public Works: Contract Administration (June 6, 2018)
  • 10/26/2018 Corrected Referral per Council President to change referral to Planning and Land Use Management Committee.  Report from City Planning (June 8, 2018), Report from Public Works: Contract Administration (June 6, 2018)
  • 06/15/2018 Department of City Planning document(s) referred to Rules, Elections, and Intergovernmental Relations Committee. Report from City Planning (June 8, 2018)
  • 06/13/2018 Public Works: Contract Administration document(s) referred to Rules, Elections, and Intergovernmental Relations Committee.
  • 06/12/2018 Document(s) submitted by Department of City Planning, as follows:
    Department of City Planning report, dated June 6, 2018, relative to the implementation of Measure JJJ (Affordable Housing and Labor Standards/General Plan Amendments/Zoning Changes/Certification of Sufficiency).  Report from City Planning (June 8, 2018)
  • 06/11/2018 Document(s) submitted by Public Works: Contract Administration, as follows:
    Bureau of Contract Administration report, dated June 6, 2018, relative to implementation recommendations of Initiative Ordinance JJJ (Affordable Housing and Labor Standards) related to City planning. Report from Public Works: Contract Administration (June 6, 2018)
  • 08/08/2016 Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee approved item(s) .   Report from Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee – Ballot Author Designation (August 8, 2016)
  • 08/05/2016 Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee scheduled item for committee meeting on August 8, 2016 (Ballot author designation).
  • 07/06/2016 Council action final (July 6, 2016), Final Ordinance (June 30, 2016), Communication from Mayor (June 30,2016)
  • 06/30/2016 Mayor transmitted file to City Clerk. Ordinance effective date: July 7, 2016.
  • 06/29/2016 City Clerk transmitted file to Mayor. Last day for Mayor to act is July 11, 2016.
  • 06/28/2016 Council adopted item, subject to reconsideration, pursuant to Council Rule 51. Resolution and Ordinance Option 2 (June 15, 2016),
  • 06/21/2016 Council adopted Motion, subject to reconsideration, pursuant to Council Rule 51 (vote: 13 ayes – 1 no); Ordinance over for second reading on June 28, 2016.  Motion (June 21, 2016), Resolution and Ordinance Option 2 (June 15, 2016)
  • 06/17/2016 City Clerk scheduled item for Council on June 21, 2016 .  Report from Rules, Elections, Intergovernmental Relations and Neighborhoods Committee (June 17, 2016), Resolution and Ordinance Option 1 (June 15, 2016), Resolution and Ordinance Option 2 (June 15, 2016), Resolution and Ordinance Option 3 (June 15, 2016), Report from City Attorney (June 15, 2016), Report from City Attorney – Request for Closed Session  (June 15, 2016), Report from City Clerk (June 10, 2016)
  • 06/17/2016 Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee approved item(s) (Committee Approved Attachment 2 of the City Attorney Report). Resolution and Ordinance Option 2 (June 15, 2016), Report from City Attorney (June 15, 2016), Report from City Attorney – Request for Closed Session  (June 15, 2016), Report from City Clerk (June 10, 2016)
  • 06/15/2016 Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee scheduled item for committee meeting on June 17, 2016.  Resolution and Ordinance Option 1 (June 15, 2016), Resolution and Ordinance Option 2 (June 15, 2016), Resolution and Ordinance Option 3 (June 15, 2016), Report from City Attorney (June 15, 2016), Report from City Clerk (June 10, 2016)
  • 06/15/2016 City Attorney document(s) referred to Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee.    Resolution and Ordinance Option 1 (June 15, 2016), Resolution and Ordinance Option 2 (June 15, 2016), Resolution and Ordinance Option 3 (June 15, 2016), Report from City Attorney (June 15, 2016)
  • 06/15/2016 Document(s) submitted by City Attorney, as follows:  Report from City Attorney – Request for Closed Session  (June 15, 2016), Report from City Attorney – Request for Closed Session  (June 15, 2016)
    City Attorney report R16-0196, dated June 15, 2016, relative to discussion in Closed Session pursuant to Government Code Section 54956.9(d)(4) regarding the potential options responsive to a certified initiative petition concerning affordable housing and labor standards related to City Planning.
  • 06/15/2016 Document(s) submitted by City Attorney, as follows:
    City Attorney report R16-0195, dated June 15, 2016, relative to the draft ordinances and ballot resolutions regarding a Certified Initiative Petition establishing Affordable Housing and Labor Standards related to City Planning.  Resolution and Ordinance Option 1 (June 15, 2016), Resolution and Ordinance Option 2 (June 15, 2016), Resolution and Ordinance Option 3 (June 15, 2016), Report from City Attorney (June 15, 2016)
  • 06/10/2016 City Clerk document(s) referred to Rules, Elections, Intergovernmental Relations, and Neighborhoods Committee.
  • 06/10/2016 Document(s) submitted by City Clerk, as follows:
    City Clerk report, dated June 10, 2016, relative to a Certification of Sufficiency of an Ordinance Initiative Petition: Affordable Housing and Labor Standards for General Plan Amendments and Zoning Changes.
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