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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.
(Added by Ord. No. 180,633, Eff. 5-26-09)
Section
7.300 Purpose.
7.301 Definitions.
7.302 Establishment of the Green Retrofit And Workforce Program.
7.303 Creation and Administration of the Green Retrofit Development Interdepartmental Task Force.
7.304 Creation of the Green Retrofit Development Advisory Council.
7.305 Cooperation with the Taskforce and Advisory Council.
7.306 Consistency with Federal and State Law.
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.
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