RES-2023-044RESOLUTION NO. 2023- 044
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 WORKERS DURING A CHANGE
OF OWNERSHIP/CONTROL, 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 THE CITY RELATING TO THE
CONDUCT OF A SPECIAL MUNICIPAL ELECTION;
ESTABLISHING THE DEADLINES FOR THE FILING OF
ARGUMENTS AND REBUTTAL ARGUMENTS; AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, pursuant to the provisions of Section 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 Secretary 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 Elections 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 adopted the initiative measure 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
WHEREAS, after consultation with the Orange County Registrar 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 consider the measure the City Council
previously directed be submitted to them.
NOW, THEREFORE, THE CITY COUNCIL 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 the 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 proposing 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
YES
HOTEL AND EVENT CENTER MINIMUM WAGE,
WORKER RETENTION, AND HOTEL WORKER
SAFETY AND WORKLOAD INITIATIVE ORDINANCE -
Shall an ordinance be adopted to increase, within 10 days
after voter approval is declared, the hourly minimum wage NO
payable to hotel and event center workers to $25, and 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?
C. The letter or number the Orange County Registrar 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 necessary 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
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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 bylaw.
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 Anaheim as may be requested by the City
Clerk, with the County to be reimbursed 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)(1)(vi)(III) and
4005(a)(10)(1)(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 open for 29 days prior to the 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)(1)(vi)(III) and
4005(a)(10)(1)(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 municipal
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
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Orange County Registrar of Voters. The City Clerk shall publicize the
location of the central counting place.
I. The Orange County Registrar 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 to the special municipal election on the measure, and
shall timely certify the results to the City Council, as required bylaw.
SECTION 3. Arguments and Impartial Analysis.
A. Pursuant to California Elections Code Section 9282(a), the proponents of the
initiative measure may file a written 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 no 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 arguments to be printed and distributedto 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 measure is not printed on the
ballot or in the voter information portion of the sample ballot, there shall
be printed immediately below the impartial analysis, in no less than 10-
font bold type, the following: "The above statement is an impartial
M
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 Section 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 manner 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 Resolution 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 deliver 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 analysis 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 invalid, 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
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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 Municipal 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: Mayor Aitken and Council Members Rubalcava, Diaz,
Kurtz, Faessel and Meeks
NOES: Council Member Leon
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OFT TY OF ANAHEIM
TY ERK OF THE CITY OF ANAHEIM
149143(cap)
0
EXHIBIT 1
Initiative Ordinance
(full text)
INITIATIVE MEASURE TO BE SUBMITTED
DIRECTLY TO THE VOTERSZ077 AUGG 2q P 3- 52
lfFF!CE 0 t.il y'rL[,ir
The city attorney has prepared the following title and summary of the c�'.'W4urpaM igid
points of the proposed measure:
[INSERT OFFICIAL PETITION TITLE PREPARED BY CITY ATTORNEY HERE]
[Insert Official_ Petition Summary Prepared By City Attorney Here]
TEXT OF THE PROPOSED MEASURE:
The People of the City of Anaheim do ordain as follows:
Section 1: A new Chapter 6.100 is added to Title 6 of the Anaheim Municipal Code, as follows:
Title 6—PUBLIC HEALTH AND SAFETY
Chapter 6.100--HOTEL AND EVENT CENTER WORKER PROTECTION,
RETENTION, AND MINIMUM WAGE
6.100.010. PURPOSE.
.010 Hotel workers who work by themselves in guest rooms are vulnerable to crimes and other
threatening behavior, including sexual assault. Ensuring that hotel workers are equipped with
personal security devices and supported in their ability to report criminal and threatening
behavior to the proper authorities will promote their personal safety from criminal threat and
improve public safety overall.
Hotel workers who clean guest rooms are also sometimes assigned overly burdensome room
cleaning quotas, and may be disciplined for failing to meet these quotas. Overly burdensome
room cleaning quotas undermine the public interest in ensuring that hotel room cleaners are able
to perform their work in a manner that adequately protects public health and are treated with
respect and dignity. This chapter includes provisions to assure that workers receive fair
compensation through a wage premium when their workload assignments exceed defined limits.
Ensuring that hotel workers receive fair compensation for their work assignments will promote
the public interest and enable hotel workers to receive fair pay for honest work.
Currently, hotel workers are commonly assigned unexpected and mandatory overtime, which
limits hotel workers' ability to meet family -and personal commitments and interferes with their
ability to schedule in advance for those commitments. This chapter prohibits hotel employers,
absent an emergency, from assigning a worker mandatory overtime work when the worker's shift
exceeds ten ( 10) hours in a day unless the worker has provided informed consent.
.020 Often, when corporate ownership or management of a hotel or event center changes, the
new operator closes the hotel or event center for renovations and reopens with a new workforce;
very few, if any, of the hotel's or event center's former workers are retained, and hundreds of
workers are displaced. A transitional retention period upon change of ownership, control, or
operation ensures employment stabilization for a segment of the community. It also alleviates the
demands for social services provided by the City and other local governments due to any worker
displacement and resulting unemployment. Through this ordinance, the City seeks to maintain
the welfare and stability of the Anaheim hotel and event center workforce.
.030 Wages paid to workers at hotels and event centers are often economically restrictive and can
prevent hotel and event center workers from exercising purchasing power at local businesses,
which takes a toll on the local economy. Moreover, these workers, who often live paycheck to
paycheck, are frequently forced to work two or three jobs to provide food and shelter for their
families. They also rely on the public sector as a provider of social support services and,
therefore, the City has an interest in promoting an employment environment that protects
government resources. In requiring the payment of a higher minimum wage, this chapter benefits
that interest.
Income equality is one of the most pressing economic, social and civil rights issues facing
Anaheim. By requiring a higher minimum wage, the City seeks to promote the health, safety and
welfare of thousands of hotel and event center workers by ensuring they receive fair
compensation for the work they perform. The City also seeks to improve the welfare of hotel and
event center workers by mandating that a hotel or event center employer pay service charges to
its workers. When a service charge is listed on a customer's bill, often times there is a reduction
in the gratuity to the hotel or event center worker on the assumption that the service charge is
automatically paid to the worker. This ordinance guarantees that a hotel or event center worker
gets paid for any service charge a customer reasonably would believe is intended for the worker
who actually performed the service.
The City has made significant financial investments to create a climate that has allowed the hotel
and event center industry to thrive in Anaheim. Because hotels and event centers receive benefits
from City assets and investments and because the City and its tourist industry benefit from hotels
and event centers with experienced and respected workers with low turnover, it is fair and
reasonable to require hotels and event centers pay their workers a fair wage. Doing so will
benefit the local economy and benefit City visitors, residents, and businesses.
6.100.020. DEFINITIONS.
The following definitions shall apply to this chapter:
.010 "Additional -bed room" means a guest room with two (2) or more beds, including a
guest room with an additional bed or beds other than those regularly within the guest room, such
as a cot or rollaway bed.
.020 "Adverse employment action" means an action that detrimentally and materially
affects the terms, conditions, or privileges of employment, including but not limited to any act to
discharge, reduce in compensation, reduce work hours, alter established work schedules, increase
workload, impose fees or charges, or change duties of a hotel worker or event center worker.
.030 "Change in control" means (1) any sale, assignment, transfer, contribution, or other
disposition of all or substantially all of the assets used in the operation of a h l �,- t ce ter, 5 Z
or a discrete portion of the hotel or event center, that continues in operation as a otel orevefit
center; (2) any sale, assignment, transfer, contribution, or other dispositi r� a�lc tr 11' -
interest (including by consolidation, merger, or reorganization) of an incumbeio f*Pa, 4?x
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person who controls an incumbent employer; or (3) any other event or sequence of events
(including a purchase, sale, lease, or termination of a management contract or lease) that causes
the identity of the incumbent employer at a hotel or event center to change. For purposes of this
chapter, a change in control shall be defined to occur on the date of execution of the document
effectuating the change in control, or, if there are multiple such documents, the earliest of the
dates of execution of those documents.
.040 "Checkout room" means a guest room to be cleaned by a hotel worker due to the
departure of the guest assigned to that room.
.050 "City" means the City of Anaheim.
.060 "Clear and conspicuous" means in larger type than the surrounding text, or in
contrasting type, font, or color to the surrounding text of the same size, or set off from the
surrounding text of the same size by symbols or other marks, in a manner that is clearly visible in
context and clearly calls attention to the language.
.070 "Eligible worker" means any individual (1) whose primary place of employment is
at a hotel or event center subject to a change in control, (2) who is employed directly by the
Incumbent employer, or by a person who has contracted with the incumbent employer to provide
services at the hotel or event center subject to a change in control, and (3) who has worked for
the incumbent employer for at least one (1) month prior to the execution of the transfer
document.
.080 "Emergency" means an immediate threat to public safety or of substantial risk of
property loss or destruction.
_090 "Event center" means a publicly or privately owned structure in the City of more
than 20,000 square feet that is used for public performances, sporting events, business meetings
or similar events. An event center includes, but is not limited to, concert halls, stadiums, sports
arenas, racetracks, coliseums, and convention centers.
.100 "Event center employer" means any person who owns, controls, or operates an event
center in the City, and includes any person or contractor who, in a managerial, supervisory, or
confidential capacity, employs workers to provide services at an event center in conjunction with
the event center's purpose.
.110 "Event center worker" means any person who is employed by an event center
employer to provide services at an event center. "Event center worker" does not include a
managerial, supervisory, or confidential employee.
.120 "Guest" means a registered guest of a hotel, a person occupying a guest room with a
registered guest, or a visitor invited to a guest room by a registered guest or other person
occupying a guest room.
.130 "Guest room" means any room, suite of rooms, dwelling unit, cottage, or bungalow
intended to be used by a guest of a hotel for transient sleeping purposes.
.140 "Hotel" means an establishment that provides temporary lodging for payment in the
form of overnight accommodations in guest rooms to transient patrons for periods of thirty (30)
consecutive calendar days or less, and may provide additional services, such as conference and
meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general
public. "Hotel" includes hotels, motor lodges, motels, apartment hotels, transient occupancy
residential structures and extended -stay hotels that rent units (including units with kitchens) for
fewer than thirty (30) days, private residential clubs, tourist courts, and hostels that contain both
dormitory -style accommodations and private guest rooms that may be reserved, meeting the
definition set forth above. "Hotel" also includes any contracted, leased, or sublet premises
connected to or operated in conjunction with a hotel or that is used for the primary purpose of
providing services at a hotel. Except as provided above, the term "hotel" also does not include
corporate housing, rooming houses, boarding houses, single -room occupancy housing, or
licensed bed and breakfast establishments within a single -unit residence. "Hotel" does not
include a short-term rental, as defined in Municipal Code Section 4.05.030.
.150 "Hotel building" means a structure used as a hotel that contains one (1) or more
ground -floor public or guest entrances.
.160 "Hotel employer" means any person who owns, controls, or operates a hotel in the
City, and includes any person or contractor who, in a managerial, supervisory, or confidential
capacity, employs workers to provide services at a hotel in conjunction with the hotel's purpose.
.170 "Hotel worker" means any person who is employed by a hotel employer to provide
services at a hotel. "Hotel worker" does not include a managerial, supervisory or confidential
employee.
.180 "Incumbent employer" means the person who owns, controls, and/or operates a
hotel or event center subject to a change in control prior to the change in control.
.190 "Person" means an individual, corporation, partnership, limited partnership, limited
liability partnership, limited liability company, business trust, estate, trust, association, joint
venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or
foreign.
.200 "Personal security device" means a portable electronic emergency contact device,
including but not limited to a panic button, that signals the hotel worker's location and that
provides direct contact between a hotel worker.and a hotel security guard or responsible manager
or supervisor designated by a hotel employer to respond to violent or threatening conduct. A
personal security device does not include a whistle, noise -maker, alarm bell, or similar device
that does not provide direct contact between the hotel worker and the designated security officer.
.210 "Room attendant" means a hotel worker whose principal duties are to clean and put
in order guest rooms in a hotel. c8Z AUG 24 P 3: 52
.220 "Room cleaning" means the performance of servic6 bPMsks thqtyapr wired to
maintain the cleanliness of a physical hotel room before, during, oPadfi &eWL9.!,s�'ay. Room
cleaning does not include time spent maintaining or organizing inventory (e.g., mini -bar,
toiletries, towels, linens) or time spent delivering such inventory to a guest room when not
accompanied by other room cleaning tasks. Room cleaning does not include turndown service or
tasks associated with preparing already -made beds for sleep when not accompanied by other
room cleaning tasks. Room cleaning does not include preventative or as needed maintenance
activities such as repair, replacement, and general maintenance of appliances, electronics,
furniture, doors, windows, carpets, walls, plumbing, and other fixtures.
.230 "Service charge" means any separately -designated amount charged and collected by
a hotel employer or event center employer from customers, that is for service by hotel workers or
event center workers, or is described in such a way that customers might reasonably believe that
the amount is for those services or is otherwise to be paid or payable directly to workers,
including those charges designated on receipts, invoices, or billing statements under the term
"service charge," "table charge," "porterage charge," "automatic gratuity charge," "healthcare
surcharge," "benefits surcharge," or similar language. Service charge does not include a tip or
gratuity as defined under state or federal law.
.240 "Special -attention room" means a checkout room or a guest room for which the
occupant declined daily room cleaning on the immediately preceding day.
.250 "Successor employer" means the person who owns, controls, and/or operates a hotel
or event center subject to a change in control after the change in control.
.260 "Transfer document" means the purchase agreement or other document(s) creating a
binding agreement to effect the change in control.
.270 "Violent or threatening conduct" means: (1) any conduct that involves the use of
physical violence or that would reasonably be interpreted as conveying a threat of the use of
physical violence, and includes but is not limited to rape, assault (including sexual assault), and
battery (including sexual battery), as defined by the California Penal Code, as well as any threat
or attempt to commit such an act; or (2) any sexual conduct, or solicitation to engage in sexual
conduct, directed by a guest at a hotel worker without the consent of the hotel worker and
includes, but is not limited to, indecent exposure as defined by the California Penal Code.
.280 "Workday" means any consecutive twenty-four (24) hour period commencing at the
same time each calendar day.
- .290 "Worker retention- period" means the -period beginning upon the change in control
and continuing for six (6) months after the hotel or event center is open to the public under the
successor employer.
6.100.030. MEASURES TO PROTECT HOTEL WORKERS FROM VIOLENT OR
THREATENING CONDUCT.
.010 A hotel employer shall provide a personal security device to each hotel worker assigned to
work in a guest room or restroom facility where other hotel workers are not assigned to be
present. The personal security device shall be provided at no cost to the hotel worker and shall be
maintained in good working order by the hotel employer.
.020 A hotel worker may activate a personal security device whenever a hotel worker reasonably
believes that violent or threatening conduct or an emergency is occurring in the hotel worker's
presence. Immediately prior to or upon activating the device, the hotel worker may cease work
and leave the immediate area of danger to await assistance. No hotel worker shall be subject to
an adverse employment action for activating a personal security device or for ceasing work to
await assistance absent clear and convincing evidence that the hotel worker knowingly and
intentionally made a false claim of emergency.
.030 A hotel employer shall at all times have a designated and assigned security guard who can
receive alerts from personal security devices and can provide immediate on -scene assistance in
the event that a personal security device is activated. Hotels with fewer than sixty (60) guest
rooms may utilize a hotel supervisor or manager to fulfill the requirement of this subsection. For
all such designated security guards, hotel supervisors, and managers, the hotel employer shall
provide no fewer than three (3) hours of training on (a) the requirements of this section; (b)
instruction on the proper functioning and maintenance of the hotel's personal security devices;
and (c) the protocols for responding to an activated personal security device. Such training shall
be conducted at least annually, and the hotel employer shall maintain accurate records
demonstrating attendance at such trainings.
.040 A hotel worker who brings to the attention of a hotel employer violent or threatening
conduct by a hotel guest shall be afforded the following rights:
.0401 A hotel employer shall immediately allow a hotel worker sufficient paid time to
report the violent or threatening conduct to a law enforcement agency and to consult with
a counselor or advisor of the hotel worker's choice.
.0402 A hotel employer shall not prevent, or attempt to prevent, a hotel worker from
reporting violent or threatening conduct to a law enforcement agency.
.0403 A hotel employer shall not take or threaten to take any adverse employment action
against a hotel worker based on the hotel worker's decision to report or not to report
violent or threatening conduct to a law enforcement agency.
.0404 Upon request by a hotel worker, a hotel employer shall provide reasonable
accommodations to a hotel worker who has been subjected to violent or threatening
conduct. Reasonable accommodations may include, but are not limited to, a modified
work schedule, reassignment to a vacant position, or other reasonable adjustment to job
structure, workplace facility, or work requirements.
.050 A hotel employer shall place on the back of the enir"a ce` dbbr` t1i Ach guest room and
restroorn facility in a hotel a sign written in a font size of no less than eighteen (18) points, that
includes the heading "The Law Protects Hotel Workers 928hAV6r24er4Mg33qT vior," provides a
citation to this chapter of the City of Anaheim Municipal Code, and notifies guests that the hotel
employer provides personal security devices to its empl63WeK. QF f.I I y L't
.,i:'.i'i f
.060 A hotel employer shall provide annual training to its hotel workers regarding how to use
and maintain a personal security device, the hotel employer's protocol for responding to
activation of a personal security device, and the rights of hotel workers and obligations of the
hotel employer as set forth in this section. Such training shall be provided to hotel workers by the
later of thirty (30) days after the effective date of this chapter or within one (1) month of the
hotel worker's date of hire. For hotels having sixty (60) or more guest rooms, the hotel employer
shall provide the training in each language spoken as the primary language of at least tenpercent
(10%) of the hotel's workforce. The hotel employer shall maintain accurate records
demonstrating attendance at such trainings.
6.100.040. MEASURES TO PROVIDE FAIR COMPENSATION FOR WORKLOAD.
.010 For hotels with fewer than sixty (60) guest rooms, a hotel employer shall not require a room
attendant to perform room cleaning amounting to a total of more than four thousand (4,000)
square feet of floor space in any eight -hour workday, unless the hotel employer pays the room
attendant twice the room attendant's regular rate of pay for each and every hour worked during
that -workday. For hotels with sixty (60) or more guest rooms, a hotel employer shall not require
a room attendant to perform room cleaning amounting to a total of more than three thousand five
hundred (3,500) square feet of floor space in any eight -hour workday, unless the hotel employer
pays the room attendant twice the room attendant's regular rate of pay for each and every hour
worked during the workday. If a room attendant during a workday of eight (8) or more hours is
assigned to clean any combination of six (6) or more special -attention rooms or additional -bed
rooms, the total amount of square footage that will entitle a room attendant to premium pay
under this section, referred to herein as the workload limitation, shall be reduced by five hundred
(500) square feet for each such special -attention room or additional -bed room over five (5). If a
room attendant is required to clean floor space in more than one (1) hotel building during a
workday, the total workload limitation under this subsection shall be reduced by five hundred
(500) square feet for each additional hotel building. If a room attendant is required to clean floor
space on more than one (1) floor of a hotel building, the total workload limitation under this
subsection shall be reduced by five hundred (500) square feet for each additional floor. The
workload limitations contained in this section apply to any combination of spaces, including
guest rooms, meeting rooms, and other rooms within the hotel, and apply regardless of the
furniture, equipment, or amenities in such rooms. The hotel employer shall state the actual
square footage of each room in in any written assignment of rooms that it provides to room
attendants.
.020 The maximum floor space set forth in subsection .010 shall be reduced on a prorated basis if
a room attendant works- less -than eight (8) hours in a workday, or is assigned to perform room
cleaning for less than eight (8) hours in a workday, and shall be increased on a prorated basis for
each hour of overtime that a room attendant works in excess of eight (8) hours in a workday, and
shall be calculated on a prorated basis by room attendant if a room attendant is assigned to clean
rooms jointly with one (1) or more other room attendants. If a room attendant works fewer than
than eight (8) hours during a workday, the combined number of special -attention rooms and
additional -bed rooms after which the five hundred (500) square foot reduction to the workload
limitation for each additional special -attention room or additional -bed room cleaned as set forth
in section .010 shall apply shall be reduced on a prorated basis.
.030 A hotel employer shall not require or permit a hotel worker to work more than ten (10)
hours in a workday unless the hotel worker consents in writing to do so. A hotel worker's
consent shall not be valid unless the hotel employer has advised the hotel worker in writing prior
to the hotel worker's consent that the hotel worker may decline to work more than ten (10) hours
in a workday and that the hotel employer will not subject the hotel worker to any adverse
employment action for declining to work more than ten (10) hours in a workday. This subsection
shall not apply in the event of an emergency.
.040 A hotel shall not implement any program or policy whereby guest rooms are not cleaned
after each and every night that they are occupied, including a program under which guests
receive a financial incentive to not have their guest room cleaned on a daily basis. This
subsection does not prevent a hotel from continuing, modifying or establishing a sustainable
environmental program, such as a "green program," under which guests are encouraged to re -use
linens, bath towels or similar items, nor does it require a hotel to have any guest room cleaned
when the occupant has opted -out of such service without solicitation by the hotel or when the
occupant informs the hotel that they do not wish to be disturbed.
.050 Each hotel employer shall maintain for at least three (3) years a record of each room
attendant's name, rate of pay, pay received, identification of rooms cleaned, actual square
footage of each room cleaned, number of special -attention rooms, number of additional hotel
buildings, number of additional -bed rooms, and total square footage cleaned for each workday,
overtime hours worked for each workday, and any written consents provided pursuant to
subsection .030 above. A hotel employer shall make these records available for inspection and
copying to any hotel worker or hotel worker's designated representative, except that the names
and other personally identifying information of individual hotel workers shall be redacted except
to the extent that the records identify the hotel worker who is making the request. A hotel
employer shall maintain an accurate record of the square footage of each room that room
attendants are assigned to clean, a copy of which shall be provided to any hotel worker who
requests such record.
6.100.050. NOTICE OF CHANGE IN CONTROL.
.010 Within five (5) days of a change in control of a hotel or event center, a successor employer
shall post written notice of the change in control at the location of the affected hotel or event
center. This written notice shall remain posted during any closure of the affected hotel or event
center and for six (6) months following the first date on which the affected hotel or event center
is open to the public under the successor employer.
.020 The written notice provided for in subsection .010 shall include, but not be limited to, the
name and contact information of the incumbent employer, the name and contact information of
the successor employer, and the effective date of the change in control.
.030 The written notice provided for in subsection .010 shall be posted m a conspicuous place at
the affected hotel or event center and shall be readily visible to all eligible hotel workers or event
center workers, as well as other employees and applicanNor-apAyr ran :
6.100.060. HOTEL AND EVENT CENTER WORKM E ' ;'1fVIONt:
CIT" OF
.010 Within fifteen (15) days of a change in control, an incumbent employer shall provide a
successor employer with a list of eligible workers. This list shall include the name, date of hire,
and job classification of each eligible worker. A successor employer shall be required to
maintain and hire from this list during the worker retention period.
.020 A successor employer shall, during the worker retention period, offer each eligible worker
employment for no less than ninety (90) days, except that:
.0201 A successor employer shall not be required to offer employment to an eligible
worker if the successor employer has reasonable and substantiated cause not to retain that
eligible worker based on that eligible worker's individual performance or conduct while
employed by the incumbent employer; and
.0202 If a successor employer determines during the worker retention period that it
requires fewer workers than were required by the incumbent employer, the successor
employer shall retain eligible workers by seniority within each job classification to the
extent that comparable job classifications exist.
.030 An eligible worker retained pursuant to this section shall be employed under terms and
conditions established by the successor employer as required by law and shall not be discharged
except for good cause based on individual performance or conduct.
.040 An offer of employment made pursuant to subsection .020 shall be made in writing and
shall remain open for at least ten (10) business days from the date of the offer.
.050 A successor employer shall retain written verification of each offer of employment made
pursuant to subsection .020. This verification shall include the name, address, date of hire, and
job classification of the eligible worker to whom the offer was made. A successor employer shall
retain the required verification for no less than three (3) years from the date the offer is made.
.060 At the end of the worker retention period, a successor employer shall provide each worker
retained pursuant to this section with a written performance evaluation. If the worker's
performance was satisfactory, the successor employer shall consider offering the worker
continued employment under the terms and conditions established by the successor employer and
as required by law. A successor employer shall retain the written performance evaluation
required under this subsection for no less than three (3) years from the date it is issued.
.070 The rights to retention set forth in this section do not apply to any managerial, supervisory,
or confidential employee and do not include the right to retain any supervisory or management
responsibility.
6.100.070. HOTEL AND EVENT CENTER MINIMUM WAGE PAYMENT
REQUIREMENTS.
.010 A hotel employer shall pay hotel workers, and an event center employer shall pay event
center workers, a wage of no less than the hourly wage set in this section.
.020 Beginning thirty (30) days after the effective date of this ordinance, a hotel employer or an
event center employer shall pay its hotel workers or event center workers, as applicable, a wage
of no less than Twenty -Five Dollars ($25.00) per hour.
.030 Beginning January 1, 2026, and annually thereafter, the minimum wage will increase
annually to reflect increases in the cost of living. The cost of living increase shall be the greater
of (1) three percent (3%) or (2) the percentage increase as of September 30, 2025, and as of
September 30 in any subsequent year for further annual adjustments, over the level as of
September 30 of the preceding year of the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W) for the Los Angeles Metropolitan Area (Los Angeles -Riverside -
Orange County, CA), which is published by the Bureau of Labor Statistics, U.S. Department of
Labor or the successor index or federal agency. The City Manager shall publish a bulletin by
November I of each year announcing the adjusted rates, which shall take effect the following
January 1. Such bulletin will be made available to all hotel employers and event center
employers, and to any other person who has filed with the City Manager a request to receive
such notice, but lack of notice shall not excuse noncompliance with this section. The City
Manager shall prescribe a poster advising hotel and event center workers of their rights under
this section and distribute it to all hotel employers and event center employers. A hotel employer
or event center employer shall post the notice in a prominent place where it will be seen by its
hotel or event center workers, as applicable. A hotel employer or event center employer shall
provide written notification of the rate adjustments to each of its hotel workers or event center
workers and make the necessary payroll adjustments by January I following the publication of
the bulletin.
6.100.080. SERVICE CHARGES.
.010 A hotel employer or event center employer shall distribute all service charges in their
entirety to the hotel worker(s) or event center worker(s) who performed services for the
customers from whom the service charges are collected. No part of these amounts may be paid to
workers whose primary role is supervisory or managerial. No hotel employer or event center
employer or agent thereof shall deduct any amount from wages or other compensation due a
hotel worker or event center worker on account of a service charge, or require a hotel worker or
event center worker to credit the amount of a service charge, in whole or in part, against or as a
part of the wages or other compensation due the hotel worker or event center worker.
.020 Amounts collected as service charges shall be paid to hotel worker(s) or event center
worker(s) equitably and according to the services that are or appear to be related to the
description of the service charge given by the hotel employer or event center employer to the
customers. Except as otherwise required by law, amounts collected as surcharges for healthcare
or other employee benefits shall be: (i) deposited within seven days of their collection into
segregated accounts controlled exclusively by hotel workers or event center workers, including
but not limited to Flexible Spending Accounts, Health Savings Accounts, or Premium -Only
Cafeteria Plans; or (ii) paid to hotel workers or event center workers in wages. No part of any
amount collected as a surcharge for healthcare, or as a surcharge identified by the hotel or -event
center employer as a benefit for hotel workers or event center workers, shall revert to the hotel
employer or event center employer.
.030 Without limitation of the foregoing:
.0301 Service charge amounts collected for hotel banquet r e m e ings shall
be paid to the hotel workers who actually work at the banquet or Ca e110t�-&at
meeting;
.0302 Service charge amounts collected for hotel roome,e' h1 Abe paid:Yo the hotel
workers who actually deliver food and beverage associated with th cfiaf e,"- ni � � 1
.0303 Service charge amounts collected for hotel porterage service shall be paid to the
hotel workers who actually carry the baggage associated with the charge.
:040 All service charges must be disclosed to consumers with clear and conspicuous notice prior
to the time that the customer makes a purchase or selection, in such a way that customers might
easily and reasonably deduce what the service charge is for.
.050 The hotel employer or event center employer shall disclose in writing to each hotel worker
or event center worker its plan of distribution of service charges and shall report to hotel workers
and event center workers on each payroll date the amount of service charges collected and
amount distributed to hotel workers or event center workers for the pay period in question.
.060 The amounts shall be paid to the hotel workers or event center workers no later than the
next payroll following collection of the service charge amounts from customers, except that any
amounts collected in cash shall be paid to hotel workers or event center workers at the close of
business on the day the amounts are collected.
.070 A hotel employer or event center employer who permits customers to pay service charges
by credit card shall pay the hotel workers or event center workers the full amount of the service
charge that the customer indicated on the credit card slip, without any deductions for any credit
card payment processing fees or costs that may be charged to the hotel employer or event center
employer by the credit card company.
.080 The hotel employer or event center employer shall keep records showing compliance with
the provisions of this section for no less than three years from the date of collection of service
charge amounts from the customer.
.090 This section does not apply to any tip, gratuity, money, or part of any tip, gratuity, or money
that has been paid or given to or left for a hotel worker or event center worker by customers over
and above the actual amount due for services rendered or for goods, food, drink, or articles sold
or served to customers.
6.100.090. LIMITED WAIVER FOR CERTAIN HOTEL AND EVENT CENTER
EMPLOYERS.
.010 The City Manager shall grant a waiver from particular requirements of this chapter to any
hotel employer or event center employer who demonstrates, with evidence, that compliance with
such requirements would require the employer, in order to avoid bankruptcy or a shutdown of the
hotel or event center, to reduce its workforce by more than 20 percent (20%) or curtail its hotel
workers' or event center workers' total work hours by more than 30 percent (30%). The City
Manager shall grant such a waiver only after reviewing an employer's evidence of its financial
condition at the employer's expense. A waiver granted under this section shall be valid for no
more than one (1) year. A determination by the City Manager to grant or deny a request for
waiver under this section may be appealed to the City Council within fourteen (14) days after the
date of the City Manager's action. Notwithstanding this section, no waiver shall be granted with
respect to the requirements of section 6.100.030 of this chapter.
.020 Prior to submitting a waiver application pursuant to this section, a hotel employer or event
center employer shall provide written notice of the waiver application to all hotel workers or
event center workers, as applicable, employed by the employer. Within. three (3) days of
receiving a waiver determination from the City Manager under this section, a hotel employer or
event center employer shall provide written notice of the determination to all hotel workers or
event center workers, as applicable, employed by the employer.
6.100.100. NOTICE.
A hotel employer or event center employer shall provide written notice of the hotel
workers' and event center workers' rights set forth in this chapter to each hotel worker or event
center worker, as applicable, at the time of hire or within thirty (30) days of the effective date of
this chapter, whichever is later. Such written notice shall be provided in English, Spanish, and
any other language known by the hotel employer or event center employer to be spoken by ten
percent (10%) or more of the workers employed by the employer at the relevant hotel or event
center.
6.100.110. RETALIATORY ACTION PROHIBITED.
No person shall discharge, reduce compensation of, take adverse employment action
against, or otherwise discriminate against any hotel worker or event center worker for opposing
any practice proscribed by this chapter, for participating in proceedings related to this chapter,
for seeking to enforce the worker's rights under this chapter by any lawful means, or for
otherwise asserting rights under this chapter. A hotel employer or event center employer taking
any adverse employment action against any hotel worker or event center worker who is known to
have engaged in any of the foregoing activities within one (1) year preceding the adverse
employment action shall provide to the worker at or before the time of the adverse employment
action a detailed written statement of the reason or reasons for the discharge or other adverse
employment action, including all the facts claimed to substantiate the reason or reasons.
6.100.120. ADMINISTRATIVE REGULATIONS.
The City Manager is authorized to adopt administrative regulations that are consistent
with and in furtherance of the provisions of this chapter. Violations of the administrative
regulations adopted pursuant to this section and within the authority of the City Manager shall
constitute violations of this chapter and shall subject the violator to the penalties set forth in this
chapter.
6.100.130. JOINT CIVIL LIABILITY.
.. .. L i.� LJ
.010 A hotel employer or event center employer who contracts with another person, including,
without limitation, another hotel employer or event center errigloyer,staffing a temporary stang
agency, employee leasing agency, or professional employer AJ N%1 Ai2n� tRblir5fie services
of hotel workers or event center workers shall share all civil legal responsibility and civil liability
for violations of this chapter by that person for hotel workers`azl evente�n�ti�v64krs performing
work pursuant to the contract. For the purposes of this section,11 -tdrtn "p°eikoAili shall not
include:
.0 10 1 A bona fide nonprofit organization that provides services to workers;
.0102 A bona fide labor organization, as defined in 29 U.S.C. § 152, or an apprenticeship
program, training program, or hiring hall operated pursuant to a labor-management
agreement.
6.100.140. SUPERSESSION BY COLLECTIVE BARGAINING AGREEMENT.
The provisions of sections 6.100.040 through 6,100.080 of this chapter, or any part
thereof, may be waived pursuant to a bona fide collective bargaining agreement, but only if the
waiver is expressly set forth in clear and unambiguous written terms. Neither party to a collective
bargaining relationship may waive or supersede any provision of this chapter by means of
unilaterally imposed terms and conditions of employment.
6.100.150. ENFORCEMENT.
.010 A hotel worker or event center worker claiming violation of this chapter may report such
claimed violation to the City Manager, who shall cause such complaint to be investigated.
Whether based upon such a complaint or otherwise, where the City Manager or the City
Manager's delegatee has determined that a hotel employer or event center employer has violated
this chapter, the City Manager shall issue a written notice to the hotel employer or event center
employer that the violation is to be corrected within ten (10) days. In the event that the hotel
employer or event center employer has not demonstrated to the City Manager within such period
that it has cured such violation, the City Manager may then request the City Attorney to pursue a
civil action against the hotel employer or event center employer under subsection .020 of this
section.
.020 In addition, the City or any aggrieved hotel worker or event center worker may enforce the
provisions of this chapter by means of a civil action, regardless of whether a complaint has been
filed with the City Manager under subsection .010 of this section. A hotel worker or event center
worker's filing of a complaint with the City Manager, or a hotel worker or event center worker's
failure to file such a complaint with the City Manager, shall in no way alter that worker's right to
bring a civil action under this subsection.
.030 Any person who commits an act, proposes to commit an act, or engages in any pattern or
practice that violates - this chapter may be . enjoined therefrom by .a court of competent
jurisdiction. An action for an injunction under this subsection may be brought by any aggrieved
hotel worker or event center worker, by the City Attorney, or by any person or entity who will
fairly and adequately represent the interests of an aggrieved worker or workers.
.040 Any person who violates the provisions of this chapter is liable for any actual damages
suffered by any aggrieved hotel worker or event center worker and for statutory damages of one
hundred dollars ($100) per aggrieved hotel worker or event center worker per each day of
violation, except that statutory damages for failure to maintain or provide records shall not
exceed one thousand dollars ($1,000) per day for all affected hotel workers or event center
workers. For willful violations, the amount of monies and penalties to be paid under this
subsection shall be trebled.
.050 In a civil action brought under this section, the court . shall award a prevailing plaintiff
reasonable attorneys' fees and costs, including expert witness fees.
.060 The remedies set forth in this chapter are cumulative. Nothing in this chapter shall be
interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal
prosecution under this Code or state law.
.070 Notwithstanding any provision of this Code or any other ordinance to the contrary, no
criminal penalties shall attach for violation of this chapter.
.090 This chapter shall not be construed to limit an aggrieved hotel worker or event center
worker's right to bring legal action for violation of any other federal, state, or local law.
6.100.160. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or application 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 or applications of this
ordinance. The electors hereby declare that they 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 2. Conflicting Measures.
Consistent with California Elections Code § 9221, should another ordinance containing
provisions that conflict with this ordinance be adopted by voters at the same election as this
ordinance is adopted, the terms of the ordinance that receives the higher number of affirmative
votes shall control.
Section 3. Effective Date.
The proposed ordinance that is the subject of this initiative, once approved by the voters at the
November 5, 2024 election, or such other election as authorized by law, shall be deemed adopted
upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days
after that date.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2023-044 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 27th day of June, 2023 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Kurtz,
Faessel and Meeks
NOES: Council Member Leon
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of June. 2023.
CITY'CLERK OF THE CITY OF ANAHEIM
(SEAL)