1 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, OCTOBER 3,
2023 AND ORDERING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY OF ANAHEIM AN
INITIATIVE MEASURE INCREASING THE MINIMUM
WAGE PAYABLE TO HOTEL AND EVENT CENTER
WORKERS IN ANAHEIM TO TWENTY-FIVE DOLLARS
PER HOUR WITH A MINIMUM ANNUAL COST OF
LIVING INCREASE OF THREE PERCENT BEGINNING
ON JANUARY 1, 2026, REQUIRING TEMPORARY
RETENTION OF SUCH WORK ERS DURING A CHANGE
OF OWNERSHIP/CONTRO L, AND PROVIDING FOR
WORKLOAD REGULATIONS AND SAFETY MEASURES
FOR HOTEL WORKERS; REQUESTING THAT THE
ORANGE COUNTY BOARD OF SUPERVISORS DIRECT
THE ORANGE COUNTY REGISTRAR OF VOTERS TO
RENDER SERVICES TO TH E CITY RELATING TO THE
CONDUCT OF A SPECIAL MUNICIPAL ELECTION;
ESTABLISHING THE DEADLI NES FOR THE FILING OF
ARGUMENTS AND REBU TTAL ARGUMENTS; AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, pursuant to the provisions of S ection 1303 of the Anaheim City Charter and Section 9215 of the Elections Code of the State of California, the City Council has received a duly signed and certified initiative petition containing the signatures of not less than ten percent (10%) of the registered voters of the City according to the last report of registration by the county elections official to the Secretar y of State pursuant to Section 2187 of the Elections Code of the State of California, which initiative petition proposes a City ordinance that would increase the minimum wage payable by hotel and event center employers in Anaheim, as well as provide safety protections, workload restrictions and retention rights to hotel and event center workers; and
WHEREAS, Section 9215 of the California El ections Code requires the City Council to either adopt the initiative measure, without alteration, or submit the initiative measure to a vote of the electorate of the City at an election called for such purpose; and
WHEREAS, the City Council has not adopte d the initiative measur e in accordance with California Elections Code Section 9215(a) and, instead, timely decided on June 13, 2023 to submit the ordinance, without alteration, to the voters at a special municipal election pursuant to California Elections Code Sections 9215(b) and 1405; and
2 WHEREAS, after consultation with the Orange County Regi strar of Voters, the City Council desires to call and order the special municipal election to be held on Tuesday, October 3, 2023 pursuant to Sections 1301 and 1303 of the Anaheim City Charter and Section 1405(b) of the Elections Code, for the voters of the City of Anaheim to consid er the measure the City Council previously directed be submitted to them.
NOW, THEREFORE, THE CITY COUN CIL OF THE CITY OF ANAHEIM,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Submission of Ballot Measure.
A. Pursuant to Sections 1300 and 1303 of th e Anaheim City Charter and Sections 1405 and 9215 of the California Elections Code, there is called and ordered to be held in the City of Anaheim on Tuesday, October 3, 2023 a special municipal election for the purpose of submitting an initiative measure pr oposing a minimum wage and worker retention, safety and workload ordinance to the qualified voters of the City.
The full text of the ordinance proposed by the initiative measure is set forth in Exhibit 1, attached hereto and incorporated herein by this reference as if set forth in full.
B. The question to be submitted to the voters concerning the initiative measure shall appear on the ballots in substantially the following form:
MEASURE ____
HOTEL AND EVENT CENTER MINIMUM WAGE,
WORKER RETENTION, AND HOTEL WORKER
SAFETY AND WORKLOAD INITIATIVE ORDINANCE-
Shall an ordinance be adopted to increase the hourly
minimum wage payable to hotel and event center
workers to $25, with a 3% minimum annual increase
beginning in 2026, to afford temporary retention
rights to such workers, and to require safety measures
and workload restrictions for hotel workers?
YES
NO
C. The letter or number the Orange County Re gistrar of Voters assigns to the Measure in accordance with City and State law is hereby ordered to be included by the City Clerk in the designation for the ballot title and as ne cessary in any other City documents.
D. The vote requirement of the measure to pass is a majority (50%+1) of the votes cast. If the measure is so approved by the City of Anaheim voters, then the ordinance, set forth in Exhibit 1, shall be signed by the Mayor (or in the Mayor’s absence the Mayor Pro Tem) and become effective ten (10) days following the date
3 the vote is declared by the City Council in accordance with Section 9217 of the California Elections Code.
SECTION 2. Election Procedures.
A. The ballots to be used at the special municipal election shall be in the form and content as required by law.
B. In accordance with Section 10002 of the California Elections Code, the City requests that the County Election Department/Registrar of Voters render full election services to the City of Anah eim as may be requested by the City Clerk, with the County to be reimburs ed in full for such services as are performed.
C. The City Clerk is authorized to contract and coordinate with the Orange County Registrar of Voters, in order to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the special municipal election upon presentation of appropriate invoices.
D. Vote Centers for the special municipal election shall be open ten days prior to election day, with select Vote Centers being open during regular business hours, 8:00 a.m. to 5:00 p.m. seven (7) days prior to election day, all Vote Centers being open 8:00 a.m. to 8:00 p.m. three (3) days prior to election day, and 7:00 a.m. to 8:00 p.m. on election day , pursuant to Sections 4005(a)(10)(l)(vi)(III) and 4005(a)(10)(l)(vi)(VI) of the California Elections Code and the 2021-2025 Election Administration Plan of the County of Orange.
E. Ballot drop boxes shall be ope n for 29 days prior to th e election, including on election day, and available 24 hours a day, 7 days a week, and until 8:00 p.m. on election day, pursuant to Sections 4005(a)(10)(l)(vi)(III) and 4005(a)(10)(l)(vi)(VI) of the California Elections Code and the 2021-2025 Election Administration Plan of the County of Orange.
F. In all particulars not recited in this Resolution, the special municipal election shall be held and conducted as provided by law for holding muni cipal elections in the City.
G. Notice of the time and place of holding the special municipal election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of such election, in time, form, and manner as required by law.
H. All ballots shall be tallied at a central counting place and not at the precincts.
The central counting place shall be at a County center as designated by the
4 Orange County Registrar of Voters. The City Clerk shall publicize the location of the central counting place.
I. The Orange County Registra r of Voters is hereby authorized to canvass the returns of the special municipal election.
J. The City Clerk of the City of Anaheim shall receive the canvass from the County as it pertains t o the special municipal election on the measure, and shall timely certify the results to the City Council, as required by law.
SECTION 3. Arguments and Impartial Analysis.
A. Pursuant to California Elections Code Section 9282(a), the proponents of the initiative measure may file a writte n argument for, and the City Council may file a written argument against, the measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and may change or withdraw the argument, until 5:00 p.m. on July 11, 2023 , after which time n o arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed by Author(s) of Argument.
B. The City Clerk shall comply with all provisions of law and take all necessary actions to cause the selected a rguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of the California Elections Code, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney.
The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, describing the effect of the measure on existing law. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the ballot measure as provided by law. The impartial analysis shall be filed by 5:00 p.m. on July 11, 2023. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the m easure is not printed on the ballot or in the voter information portion of the sa mple ballot, there shall be printed immediately below the impa rtial analysis, in no less than 10- font bold type, the following: “The above statement is an impartial
5 analysis of the measure. If you desire a copy of the measure, please call the election official ’s office at (714) 765- 5166 and a copy will be mailed at no cost to you.”
D. The provisions of this Section 3 herein shall apply only to the special municipal election to be held on Tuesday, October 3, 2023.
SECTION 4. Rebuttal Arguments.
A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has received the arguments for and against the measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk by 5:00 p.m. on July 21, 2023 . The rebuttal arguments shall comply with the requirements of Elections Code Secti on 9285 and shall be accompanied by the Form of Statement To Be Filed by Author(s) of Argument. Rebuttal arguments shall be printed in the same mann er as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut in the voter information guide.
B. The provisions of this Section 4 herein shall apply only to the special municipal election to be held on Tuesday, October 3, 2023.
SECTION 5. Delivery of Resolu tion to County. The City Clerk shall attest to the adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to de liver certified copies of this Resolution, including the full text of the measure attached hereto as Exhibit 1, to the Clerk of the Board of Supervisors of Orange County and to the Orange County Registrar of Voters.
SECTION 6. Public Examination. Pursuant to California Elections Code Section 9295, the arguments, ordinance, and impartial analys is will be available for public examination for no fewer than ten (10) calendar days following the deadline for submission of those materials. The City Clerk shall post a notice of the specific dates that the examination period will run.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held in valid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The
6 City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 8. Execution of Ordinance. If the voters approve the initiative measure, the Mayor (or in the Mayor’s absence the Mayor Pro Tem) is hereby authorized to execute the ordinance adding Chapter 6.100 to Title 6 of the Anaheim M unicipal Code, attesting to its adoption by the People voting thereon on Tuesday, October 3, 2023.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th of June, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
B y :
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_____________________________________
CITY CLERK OF THE CITY OF ANAHEIM
149143(cap)
EXHIBIT 1
Initiative Ordinance
(full text)