Los Angeles Municipal Code Art. 4 Labor Peace Agreements for Hotels on City-Owned Property

The City of Los Angeles has a financial and proprietary interest in hospitality operations that lease real property from the City. These operations base their lease, rental or license payments to the City in part on the revenue they generate. Therefore, it is essential that these operations conduct business efficiently and without interruption. The City has found that the efficient and uninterrupted operation of hospitality operations may be threatened by labor disputes. The City's investment in these operations must be shielded from any impact that labor disputes may have on the revenue of these hospitality operations. The City has further found that the City can only protect its investment by requiring its hotel operations lessees to sign contracts with the labor organizations that represent employees in the hospitality industry. These contracts will prohibit the labor organizations and its members from engaging in picketing, work stoppages, boycotts or other economic interference with the business of the hospitality operators, for the duration of their lease with the City.

SECTION HISTORY

Added by Ord. No. 176,580, Eff. 5-22-05.

(a) “City” means the City of Los Angeles.

(b) “City Council” means the City Council of the City of Los Angeles.

(c) “Hospitality Operation” means the general business operations of a hospitality operator.

(d) “Hospitality Operations Lessee” means any company with a lease from the City for a hotel or motel, providing lodging and other guest accommodations.

(e) “Hospitality Workers” means all full-time and part-time employees in a Hospitality Operation, except supervisors, managers and guards.

(f) “Labor Organization” means an organization of any kind, or an agency or employer representation committee or plan, in which

employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

(g) “Lease” means any lease or license from the City to use any City property for Hospitality Operations.

(h) “No-Strike Pledge” means a provision in a labor peace agreement prohibiting the Labor Organization and its members from engaging in picketing, work stoppages, boycotts or any other economic interference with Hospitality Operations of a Hospitality Operations Lessee for the duration of the City lease term.

(i) “Person” means a sole proprietorship, partner- ship, corporation, joint venture or business organization of any kind.

SECTION HISTORY

Added by Ord. No. 176,580, Eff. 5-22-05.

The City shall not execute any Lease with a Hospitality Operations Lessee unless and until the Hospitality Operations Lessee has signed a labor peace agreement with any Labor Organization seeking to represent Hospitality Workers at the premises covered by the Lease. Each

labor peace agreement must contain a No-Strike Pledge. A Hospitality Operations Lessee shall be relieved of the obligations of this section with respect to a Labor Organization if the Labor Organization places conditions upon its No-Strike Pledge that the City Council finds, after notice and hearing, to be arbitrary or capricious.

SECTION HISTORY

Added by Ord. No. 176,580, Eff. 5-22-05.

(a) Nothing in this ordinance requires Hospitality Operations Lessee to recognize a particular Labor Organization.

(b) This ordinance is not intended to, and shall not be interpreted to, enact or express any generally applicable policy regarding labor- management relations or to regulate those relations in any way.

(c) This ordinance is not intended to favor any particular outcome in the determination of employee preference regarding union

representation.

(d) Nothing in this ordinance permits or requires the City or any Hospitality Operations Lessee to enter into any agreement in violation of the National Labor Relations Act of 1935, approved July 5, 1935 (49 Stat. 449; 29 U.S.C. § 151 et seq.).

SECTION HISTORY

Added by Ord. No. 176,580, Eff. 5-22-05.

If any section or any portion of a section of this ordinance is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining sections and all portions not declared illegal, invalid or inoperative shall remain in full force or effect, and no such determination shall invalidate the remaining sections or portions of the sections of this ordinance.

SECTION HISTORY

Added by Ord. No. 176,580, Eff. 5-22-05.

ARTICLE 5

[GREEN RETROFIT AND WORKFORCE PROGRAM]

(Added by Ord. No. 180,633, Eff. 5-26-09)

Section

The City’s Climate Change Action Plan sets a goal of reducing the City’s greenhouse gas emissions by 2030 to 35 percent below 1990 levels.

Buildings use two-thirds of the nation’s total electricity output and produce 30 to 40 percent of its green house gas emissions.

The United States Green Building Council (USGBC) has established green standards for existing buildings, referred to as “LEED®-EB”, which offer sustainability elements pertinent to many city facilities that are already constructed and operating, including those facilities in need of repair or renovation. The average LEED® certified building uses significantly less electricity than non-green buildings and generates substantially less CO2.

The federal government has proposed a massive increase in the amount of federal funding available for infrastructure. It is in the City’s interest to have innovative programs to qualify for such funding in the event that it becomes available.

The City has an interest in employing productive workers. Research indicates that workers in LEED®- certified or otherwise “green” buildings are healthier and more productive. There is a critical need for improvements in City buildings.

The proprietary interests of the City will be advanced by the use of project labor agreements, where the legal criteria for their use exist. Project labor agreements minimize the possibilities for labor misunderstandings, grievances, and conflicts, thereby promoting project cost containment, and timely and economical project completion.

Project labor agreements have the capacity to provide additional benefits, including facilitation of efforts to target construction job opportunities to disadvantaged City residents; prompt generation of tax flow and other income to the City; and more lasting remediation of conditions of poverty and unemployment through the provision of careers in the skilled construction trades.

SECTION HISTORY

Added by Ord. No. 180,633, Eff. 5-26-09. Amended by: Ord. No. 182,259, Eff. 11-3-12.

The following words and phrases, whenever used in this Article, shall be construed as defined in this Section:

A. “Contractor” means any person, firm, partnership, owner operator, limited liability company, corporation, joint venture,
proprietorship, trust, association, or other entity that enters into a Construction Contract.

B. “Construction Contract” means any contract entered into between the City and a Contractor for the performance of
construction work related to the Green Retrofit And Workforce Program.

C. “Floor Area” means the area in square feet as defined in accordance with Section 12.03 of the Los Angeles Municipal Code.

D. “Green Building Certification Institute” is an entity established with the support of the United States Green Building Council
to administer credentialing programs related to green building practice and standards.

E. “LEED®” means Leadership in Energy and Environmental Design, a rating system put forth by the United States Green
Building Council (USGBC) that is the nationally accepted benchmark for the design, construction and operation of high performance
green buildings.

F. “LEED® Accredited ProfessionalTM” or “LEED® AP” means a person who has been designated a LEED® Accredited
Professional by the Green Building Certification Institute.

G. “LEED®-EB” means LEED® standard for existing buildings.

H. “Local Resident” means an individual whose primary place of residence at the commencement of a project under the Program
on which that individual is seeking employment is within the City and is within the zip code containing at least part of one census
tract with a rate of unemployment in excess of 150% of the Los Angeles County unemployment rate, as reported by the State of
California Employment Development Department.

I. “Program” means the Green Retrofit And Workforce Program established pursuant to the terms of this Article.

SECTION HISTORY

Added by Ord. No. 180,633, Eff. 5-26-09.
Amended by: Ord. No. 182,259, Eff. 11-3-12.

A. There is hereby established a program to be known as the Green Retrofit and Workforce Program (the Program) in the Office of the Mayor.

B. Subject to availability of state or federal funds, the Mayor shall appoint a Program Director who shall be responsible for development and implementation of the Program. The Program Director, in consultation with the Green Retrofit Development Interdepartmental Taskforce and the Green Retrofit Development Advisory Council, shall submit to the City Council and the Mayor for approval a Plan to retrofit all city- owned properties over 7,500 square feet or constructed prior to 1978 with the goal of meeting the LEED®-EB silver or higher standards. Each of the following specific elements shall be considered in developing the Plan:

1. water efficient landscaping and irrigation;

2. HVAC systems;

3. mechanical systems;

4. water conservation systems;

5. refrigeration systems;

6. retrofitting lighting and electrical systems;

7. retrofitting all energy consuming elements;

8. improving indoor air quality;

9. sustainable carpet;

10. sustainable maintenance;

11. titanium dioxide (TiO2) windows treatments;

12. solar, geothermal and other renewable energy systems; and

13. cool roofs.

C. Priority Facilities. The following factors shall be included in determining the proposed priorities for retrofitting City facilities:

1. Whether the City facilities pose substantial health and safety issues;

2. Whether the City facilities are located in areas with high levels of poverty and unemployment relative to other areas of the City;

and

3. Whether the primary function of the City facilities is to provide direct services or facilities for City residents such as recreation

centers and libraries.

D. It shall be the goal of the Program during its initial five years that 50 percent of the buildings retrofitted be located in areas with high levels of poverty and unemployment relative to other areas of the City.

E. To the extent feasible and permissible by applicable law, the Program will require that the work performed under Construction Contracts associated with the Program be performed by Local Residents.

SECTION HISTORY

Added by Ord. No. 180,633, Eff. 5-26-09. Amended by: Ord. No. 182,259, Eff. 11-3-12.

A. There is hereby created a Task Force to be known as the Green Retrofit Development Interdepartmental Task Force. The Task Force shall hold public meetings and perform the following tasks in order to provide guidance and assistance to the Program Director:

1. Provide advice and comments for the development and implementation of the Program;

2. Provide advice and comments in the City’s efforts to seek and apply for grants and other funding sources for the implementation

of the City’s Green Retrofit and Workforce Development Program;

3. Develop recommendations and provide advice on project labor agreements, memoranda of understanding, and Local Hire for all

work required by the City’s Green Retrofitting Program;

4. Provide advice and comments for the Program to promote a pathway to green careers through employment of workers from

green training program(s) and apprenticeship program(s);

5. Provide consultation for the Program to promote inner city economic development by supporting small and disadvantaged green businesses; and

   6. Report to the Council on a quarterly basis.

B. The General Managers and Directors, or designees, of the following City departments, bureaus and offices shall be members of the Taskforce:

1. General Services Department (GSD);

2. Bureau of Engineering (BOE);

3. Environmental Affairs Department (EAD);

4. Department of Building and Safety (DBS);

5. Personnel Department;

6. Community Development Department (CDD);

7. Workforce Investment Board;

8. Bureau of Contract Administration;

9. Chief Legislative Analyst (CLA);

10. Chief Administrative Officer (CAO);

11. Department of Recreation and Parks; and

12. Planning Department.

C. The General Managers of the City proprietary departments, or their respective designees, shall be invited to participate as members of the Taskforce.

D. The Program Director shall convene and chair the meetings held by the Taskforce.

SECTION HISTORY

Added by Ord. No. 180,633, Eff. 5-26-09. Amended by: Ord. No. 182,259, Eff. 11-3-12.

A. There is hereby created an advisory council to be known as the Green Retrofit Development Advisory Council (Advisory Council). The Advisory Council shall hold meetings open to the public as often as necessary in order to provide guidance and assistance to the Taskforce. Members shall serve two year terms, with four of the nine members appointed to an initial one year term, subject to the approval of the City Council. The members of the Advisory Council will select a Chair and Vice-Chair from among the members annually on the first meeting of each fiscal year, and implement the following goals:

1. Provide advice and guidance for the development and implementation of the Program;

2. Periodically review the Program’s budget and advice regarding potential funding sources;

3. Notify the Task Force of grants and other funding sources for the implementation of the Program;

4. Develop recommendations and provide advice on project labor agreements, memoranda of understanding, and Local Hire
elements for all work required by the Program;

5. Develop recommendations and provide advice on promoting a pathway to green careers through employment of workers from
green training program(s) and apprenticeship program(s); and

6. Provide advice to the Taskforce in promoting inner city economic development by supporting small and disadvantaged green
businesses.

B. The Green Retrofit Development Advisory Council shall be comprised of nine members to be appointed as follows:

1. Two Labor representatives of whom one will be appointed by the Mayor and the other by the Council President;

2. One LEED® AP to be appointed by the chairperson of the Energy and Environment Committee;

   3. One representative of an environmental organization to be selected by the Mayor;

   4. One representative of an environmental justice organization to be selected by the Mayor;

   5. One workforce development expert to be appointed by the chairperson of the HCED Committee;

   6. One representative of a community organization to be selected by the Mayor;

   7. One representative of a philanthropic organization to be selected by the Council President; and

   8. One academician in the field of architecture, engineering or energy to be appointed by the Mayor.

      SECTION HISTORY

      Added by Ord. No. 180,633, Eff. 5-26-09. Amended by: Ord. No. 182,259, Eff. 11-3-12.

It is hereby declared to be the policy of the City of Los Angeles that all City offices, departments and bureaus shall cooperate to the fullest extent possible with the Task Force and the Advisory Council; provided that no such office, department or bureau shall be required to do anything in this connection which would conflict or interfere with the lawful and necessary conduct of its duties and operations as provided by law.

SECTION HISTORY

Added by Ord. No. 180,633, Eff. 5-26-09. Amended by: Ord. No. 182,259, Eff. 11-3-12.

No provisions of this ordinance shall be applicable to those instances in which its application would violate or be inconsistent with federal or state law or regulation or where the application would violate or be inconsistent with the terms or conditions of a grant or contract with an agency of the United States, the State of California or the instruction of an authorized representative of any such agency with respect to any such grant or contract.

SECTION HISTORY

Added by Ord. No. 180,633, Eff. 5-26-09. Amended by: Ord. No. 182,259, Eff. 11-3-12.

SECTION HISTORY

Added by Ord. No. 180,633, Eff. 5-26-09. Repealed by Ord. No. 182,259, Eff. 11-3-12.