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CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICES OF THE CITY CLERK AND
CITY ATTORNEY
DATE: MAY 16, 2023
FROM: OFFICES OF THE CITY CLERK AND CITY ATTORNEY
SUBJECT: HOTEL AND EVENT CENTER MINIMUM WAGE, WORKER
RETENTION, AND HOTEL WORKER SAFETY AND
WORKLOAD INITIATIVE
ATTACHMENT (Y/N): YES ITEM # 19
GOVERNMENT CODE § 84308 APPLIES: NO
ACTION:
That the City Council, take the following actions:
1. By Resolution, accept the certification of the Orange County Registrar of Voters as to the verification of signatures of the Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative (“initiative”); and
2. By Motion, approve an increase to the City Clerk’s Fiscal Year 2022/23 budget by $88,906.60 to cover the cost of certification of the initiative petition by the Orange County Registrar of Voters.
Upon acceptance of the certification of the Orange County Registrar of Voters as to the verification of signatures of the initiative and in accordance with the requirements of Section 1303 of the City Charter and Section 9215 of the California Elections Code, take one of the three courses of action:
i) Adopt the initiative ordinance, without alternation; or ii) Direct staff to prepare a resolution for adoption at the June 13, 2023 Council meeting, submitting the initiative measure to a vote by the electorate of the City, pursuant to California Elections Code Section 1405; or
iii) Order a report on the effect of the proposed initiative measure pursuant to California Elections Code Section 9212 to be presented to the City Council at the June 13, 2023 Council meeting.
Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative May 16, 2023
DISCUSSION:
In accordance with the requirements of law, the City Clerk accepted for filing an initiative petition for the adoption of an ordinance that would require Anaheim hotels and event centers (including publicly or privately owned convention centers, concert halls, stadiums, and sports arenas of over 20,000 square feet) to pay their workers service charges and a minimum wage starting at $25/hour, and to retain most of their workers for at least 90 days after an ownership change, mandate the provision of electronic security devices to certain hotel workers, require overtime wages to hotel workers who exceed workload limits, and prohibit mandatory overtime. A copy of the initiative measure is attached hereto and marked Attachment 1.
Following a prima facie examination of the petition as required by law, the City Clerk determined the petition contained the requisite number of signatures of electors of the City on March 21, 2023 and forwarded the petitions to the Orange County Registrar of Voters (ROV) for signature verification. The ROV has determined that the petition contains the requisite number of valid signatures of electors of the City to qualify the petition for certification to the City Council and has certified the results. Attachment 3 is a resolution accepting the ROV’s certification, with the certification itself attached as Exhibit “A” to the resolution.
Because the petition has been certified to contain the signatures of not less than ten percent (10%) of the registered voters of the City of Anaheim, City Charter Section 1303 and Section 9215 of the Elections Code of the State of California requires the City Council to take one of the following courses of action:
(i) adopt the ordinance, without alteration (Attachment 4); or (ii) submit the initiative measure, without alteration, to the voters at the next regular election occurring not less than 88 days after the order of election, or at a special election pursuant to California Elections Code Section 1405 or (iii) order a report on the effect of the proposed initiative measure pursuant to Section 9212 of the Elections Code at the regular meeting at which certification of the petition is presented, which report may include information on any or all of the following: (1) its fiscal impact; (2) its effect on the internal consistency of the city’s general and specific plans; consistency between planning and zoning, and its effect upon state policy prohibiting discrimination in housing opportunities and encouraging the development of new housing, especially for persons and families of lower income; (3) its effect upon the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs; (4) its impact on funding for infrastructure of all types; (5) its impact on the community’s ability to attract and retain business and employment; (6) its impact on the use of vacant parcels of land; (7) its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; and (8) any other matters the City Council requests to be in the report.
Hotel and Event Center Minimum Wage, Worker Retention, and Hotel Worker Safety and Workload Initiative May 16, 2023
If the City Council elects to order a report, pursuant to California Elections Code Section 9212 the report shall be presented to the City Council within the time prescribed by the City Council but no later than 30 days after the elections official certified the sufficiency of the petition to the City Council, no later than June 15, 2023. As required, the report will be presented to the Council at the next regular City Council meeting scheduled for June 13, 2023. Following receipt of the report, the Council will decide whether to adopt the ordinance or submit the initiative measure to a vote by the electorate of the City.
If the City Council chooses to call an election rather than adopt the ordinance, pursuant to California Elections Code Section 1405(a) the election shall be held at the next regular election not less than 88 days after the date of the order of election, which is scheduled for November 5, 2024. The City Council also has the discretion to call a special election to be held not less than 88 days nor more than 103 days after the order of the election, pursuant to California Elections Code Section 1405(b).
The total cost estimate of placing the initiative measure on the next General Municipal Election on November 5, 2024 ballot is between $198,891 - $233,265. If the City Council elects to call for a special election, the estimated cost for a Stand-Alone (1 Measure) is between $1,477,297 - $1,632,776. The Orange County Registrar of Voters provided the option to consolidate with the March 2024 primary with the cost estimate of $403,688 - $485,052, but will fall outside the elections dates of a special election pursuant to California Elections Code Section 1405(b).
IMPACT ON BUDGET:
Funds to verify a petition were not anticipated in the City Clerk’s FY22/23 budget. The City Clerk’s budget will be increased by $88,906.60 to cover the cost of certification of the initiative petition by the Orange County Registrar of Voters.
Respectfully submitted, Concurred by,
Theresa Bass Robert Fabela
City Clerk City Attorney
Attachments:
1. Notice of Intent and Initiative Measure
2. Ballot Title and Summary
3. Resolution (Certification as to Verification of Signatures on Petition)
4. Ordinance (Adopting Initiative Measure)