City Council Meeting: July 11, 2017 Santa Monica, California ORDINANCE NUMBER 2548 (CCS)
(City Council Series)
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.65.030
TO PROVIDE A TEMPORARY EXEMPTION FOR EMERGENCY AMBULANCE AND
BILLING SERVICES
WHEREAS, on March 8, 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 that ordinance established 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 health care, and to have the leisure to parțicipate in civic life; and
WHEREAS, the Living Wage Ordinance is broadly applicable to all City contracts in the amount of fifty-four thousand, two hundred dollars or more; and WHEREAS, recent experience has demonstrated that in some circumstances strict adherence to the requirements of the Living Wage Ordinance is detrimental to the City's welfare and does not serve the ordinance's purposes; and WHEREAS, providing emergency ambulance transport services is of vital importance to the City; and
1 WHEREAS, providers of emergency ambulance transport services do not control rates for the services they provide and have not responded to a Request for Proposals to provide such services because they cannot comply with the City's Living Wage Ordinance; and
WHEREAS, accordingly, the Council hereby finds that the scope of the Living Wage Ordinance should be modified, and a temporary limited exemption provision should be added to the ordinance to protect the City's welfare; and WHEREAS, the City wishes to amend Santa Monica Municipal Code Section
4.65.030 to provide for a temporary exemption to the Living Wage Ordinance for emergency ambulance and billing services until June 30, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.65.030 of the Santa Monica Municipal Code is hereby amended to read as follows:
4.65.030 Exemption.
The requirements of this Chapter shall not apply to employers that are government agencies, City grantees, nonprofit corporations, corporations providing banking services, or entities providing emergency ambulance and billing services. The exemption set forth in this Section for entities providing emergency ambulance and billing services shall sunset on June 30, 2020.
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 2 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:
Joseph Lawrence
JOSEPH LAWRENCE
Interim City Attorney
Approved and adopted this 11th day of July, 2017.
Ted Wenlee
Ted Winterer, Mayor
State of California )
County of Los Angeles ) SS.
City of Santa Monica )
1, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2548 (CCS) had its introduction on June 27, 2017, and was adopted at the Santa Monica City Council meeting held on July 11, 2017, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, O'Connor, O'Day, Vazquez Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
ATTEST:
denue Anderm Maru 9/12/17
Denise Anderson-Warren, City Clerk Date
A summary of Ordinance No. 2548 (CCS) was duly published pursuant to California Government Code Section 40806.