DATE:
April 5, 2022
TO:
Christine Daniel, City Manager
FROM:
Charles S. Bryant, Community Development Director
SUBJECT:
An Ordinance Of The City Council Of The City Of Emeryville Adding Chapter 41 To Title 5 Of The Emeryville Municipal Code, “Right to Recall For Hotel And Card Room Employees” (CEQA Determination: Exempt Pursuant To CEQA Guideline 15061(b)(3) And 15378(a)) Recommendation
Staff recommends that the City Council adopt on second reading the above-referenced ordinance, adding Chapter 41 to Title 5 of the Emeryville Municipal Code, “Right to Recall for Hotel and Card Room Employees”.
DISCUSSION
The City Council adopted on first reading the attached ordinance on March 15, 2022. After hearing a staff presentation and taking public testimony, the Council deliberated and adopted on first reading the ordinance with the following modifications pertaining to change of ownership, as indicated by underlined type for additions and strikethrough- type for deletions:
5-41.02. Right to Recall.
(d) The requirements of this Chapter also apply to a Card Rooms Covered Employer in the following circumstances:
(1) The ownership of a Covered Employer Card Room changes after the separation from employment of a Laid-Off Employee, but the Covered Employer Card Room is conducting the same or similar operations as prior to the ownership change; (2) The form of organization of a Covered Employer Card Room changes after the separation from employment of a Laid-Off Employee; (3) Substantially all of the assets of a Covered Employer Card Room are acquired by another entity which conducts the same or similar operations using substantially the same assets after the separation from employment of a Laid-Off Employee; (4) Any combination of the circumstances described in paragraphs (1) through (3). (e) In the event of a sale of a Hotel or other change resulting in a new entity taking over as an Employer at a Hotel (including, but not limited to subcontracting, subleasing, or replacement of subcontractor, lessee or sublessee) Notwithstanding subsection (d), the requirements of this Chapter are superseded by Section 5-32.1.1(b)(2) of the Emeryville Municipal Code.
These modifications are incorporated into the attached ordinance. The staff report for the March 15, 2022 City Council meeting, which provides a detailed explanation of the amendments to the Municipal Code, is attached for reference (see Attachment 1).
Fiscal Impact
Implementation of the Draft Ordinance will require staff resources to develop regulations, conduct outreach, and respond to employer inquiries. Because the Draft Ordinance addresses hotels and card room businesses, the scope of this legislation is limited to six businesses and the amount of staff effort to conduct outreach and respond to inquiries is expected to be a marginal increase in staff time already required to administer the City’s existing labor standards. Additionally, the Draft Ordinance utilizes a right to private action as an enforcement mechanism, which limits the need for City resources for enforcement.
Staff Communication with the Public
Staff has corresponded with hotel and card room businesses regarding a Right to Recall ordinance.
Conflict of Interest
None.
Conclusion
Staff recommends that the City Council adopt on second reading the attached Right to Recall Ordinance.
PREPARED BY: Chadrick Smalley, Economic Development and Housing Manager Approved and Forwarded to the
City Council of the City of Emeryville:
Christine Daniel, City Manager
ATTACHMENTS
Staff report from March 15, 2022
Proposed Ordinance
Right to Recall Ordinance Second Reading
City Council Meeting | April 5, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM