CC RES 2019-025 RESOLUTION NO. 2019-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE
SUBMISSION TO THE VOTERS OF AN INITIATIVE MEASURE TO ADOPT FOR
EMPLOYEES OF LARGE HOTELS, GOLF COURSES, AND AMUSEMENT PARKS
NEW REGULATIONS AND PROCEDURES CONCERNING WAGES, HOURS, WORK,
TRANSIT, PANIC BUTTONS, RESPONSES TO THREATENING CONDUCT, AND
RECORDS
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a General Municipal Election shall be held on Tuesday, November 5,
2019, for the election of Municipal Officers;
WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 2018-47,
accepting the certification of sufficiency for an initiative petition; and
WHEREAS, pursuant Elections Code § 9215, the initiative petition received was
duly signed and is a 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 Elections
Code § 2187, which initiative petition proposes a City Ordinance that would add Chapter
5.40, Hospitality Working Conditions, to the City of Rancho Palos Verdes Municipal Code,
and applies to "large hospitality employers," being owners or operators of a hotel (50+
rooms), golf course, or amusement park, with 50+ hospitality employees ("Employers").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to General Law Cities, there is called and ordered to be held in the City
of Rancho Palos Verdes, California, on Tuesday, November 5, 2019, a General Municipal
Election for the purpose of electing three (3) Members of the City Council for the full term
of three years.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
Resolution No. 2019-25
Page 1 of 3
Shall the measure, known as the HOSPITALITY
WORKING CONDITIONS ORDINANCE, placed
on the ballot by initiative petition, applicable to YES
large hotels, golf courses and amusement parks,
and which enacts a wage floor of $15/hour (CPI
adjustments), limits daily work hours, limits daily
square footage of rooms cleaned, requires panic-
buttons for employees, requires maintenance of
detailed compliance records, prohibits employer NO
retaliation against employees, requires employee
notices, and imposes fines and attorneys'fees for
violation, be adopted?
SECTION 3. That the full text of the proposed initiative Ordinance to be submitted
to the voters is set forth in Exhibit "A", attached hereto and incorporated herein by this
reference as if set forth in full.
SECTION 4. That the vote requirement for the measure to pass is a majority
(50%+1) of the votes.
SECTION 5. That the ballots to be used at the election shall be in form and content
as required by law, and that the election shall be held and conducted in the manner
prescribed by law.
SECTION 6. That the City Clerk is authorized, instructed and directed to
coordinate with the County of Los Angeles Registrar-Recorder/County Clerk 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
election.
SECTION 7. That the polls for the election shall be open at seven o'clock a.m. of
the day of the election and shall remain open continuously from that time until eight o'clock
p.m. of the same day when the polls shall be closed, pursuant to Election Code Section
10242, except as provided in Section 14401 of the Elections Code of the State of
California.
SECTION 9. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
SECTION 10. That notice of the time and place of holding the election is given and
the City Clerk is authorized, instructed and directed to give further or additional notice of
the election, in time, form and manner as required by law.
SECTION 11. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
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SECTION 12.The City Council authorizes the City Clerk to administer said election
and all reasonable and actual election expenses shall be paid by the City upon
presentation of a properly submitted bill.
PASSED, APPROVED, and ADOPTED this 18th day of June 2019.
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41. yor
ATTEST:
aid- .
City Clerk
���
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2019-25 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on June 18, 2019.
DeA44r
City Clerk
Resolution No. 2019-25
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I:: (., I:: v
.A TY OF RANCHO PALOS VERDE
The People of the Rancho Palos Verdes do hereby ordain:
Section 1. A new Chapter 5.40, entitled "Hospitality Working Conditions,"i
of Rancho Palos Verdes Municipal Code, as follows:
5.40.010 -Definitions.
FEB 2 'l 2018
"Additional-bed rooms" means a room with additional beds such as cots or rollaways.
"Amusement park" means any grounds or enclosure wherein concessions and adult rides
of a permanent nature and having a fixed location are situated.
"Checkout" means a room where the guests are ending their stay.
"Emergency" means an immediate threat to public safety or of substantial risk of property loss or
destruction.
"Food server" means a person whose principal duties are to serve or deliver food or beverages to
guests, regardless of who employs the person.
"Golf course" means any large, landscaped area having a series of holes spaced considerably
apart designed for the playing of the game of golf. For the purpose of this Chapter, a golf course
does not include a driving range, a miniature golf course, or a property whose principal owner or
operator is a government entity.
"Guest" means a patron of a hotel, golf course, or amusement park, as defined herein, including
without limitation, registered guests and visitors invited by registered guests.
"Guest room" means a room made available by a hotel for transient occupancy.
"Hotel" means a facility that is designated or used for lodging and other related services
for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining
rooms do not constitute a suite of rooms). "Hotel" also includes any contracted, leased
or sublet premises connected to or oper ated in conjunction with the facility's purpose , or
providing services at the facility.
"Large hospitality employer'' means a person who owns, controls, and/or operates a
hotel, golf cour~e, or amusement park in the City of Rancho Palos Verdes, and employs
or exercises control over the wages, hours, or working conditions of 50 or more
employees at such hotel, golf course, or amusement park, directly or through an agent
or any other person, including through the services of a temporary service or staffing
agency or similar entity. The term "large hospitality employer" also includes any
contracted, leased or sublet prem ises connected to or operated in conjunction with such
hotel 's, golf course's, o r amusement park's purpose, or a person, other than a
hospitality employee, who provides services at such hotel , golf course, or amusement
park in conjunction with the hotel's, golf course's, or amusement park's purpose .
"Hospitality employee" means any individual who (1) is employed b y a large hospitality
employer; and (2) was hired to or did work an average 5 hours/week for 4 weeks at one or more
hotels, golf courses, or amusement parks.
If'
EXHIBIT A
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Exhibit A
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"Panic button" means an emergency electronic contact device carried by a hospitality employee
which allows him or her in the event of an ongoing crime, threat, or other emergency to alert a
security guard responsible for providing immediate on-scene assistance.
"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 .
"Ridesharing service" means a dynamic, on -demand, fee-based service that supports real-time
ridesharing or carpooling through short-term arrangements enabled by GPS , wireless service, or
other technologies.
"Room cleaner" means a person whose principal duties are to clean and put in order residential
guest rooms in a hotel, regardless of who employs the person.
"Transit Pass" means any pass, token, fare card, voucher or similar item entitling a person to
transportation on public transit within the meaning of 26 U.S.C. § 132(f)(5)(A), as the federal
law may be amended from time to time, including but not limited to , travel by bus, light rail or
train.
"Vanpool" means a "commuter highway vehicle" within the meaning of 26 U .S.C. §
132(f)(5)(B), as the federal law may be amended from time to time, which currently means any
highway vehicle:
(A) the seating capacity of which is at least 6 adults (not including the driver), and
(B) at least 80% of the mileage use o f which can reasonably be expected to be (i) for the
purpose of transporting employees in connection with travel between their residences
and their place of employment; and (ii) on trips during which the number of
employees transported for such p urposes is at least 1/2 of the seating capacity of such
vehicle (not including the driver).
"Workday" means a 24-hour period beginning at 12:00 a.m. and ending at 11 :59 p .m .
5.40.020 -Measures to protect hospitality employees from threatening behavior.
A. Purpose . Hospitality employees who work by themselves in guest rooms, restrooms, or
in isolated locations are vulnerable to crimes and other threatening behavior, including sexual
assault. This Section enables hospitality employees to protect their safety by, among other
measures, requiring that large hospitality employers provide workers with panic buttons which
they may use to report threatening conduct or other emergencies. Many instances of sexual
assault go unreported to the police. This Section also includes provisions that support
employees' ability to report criminal and threatening behavior to the proper authorities.
B . A large hospitality employer shall provide to each hospitality employee who works as a
room cleaner, food server, or any other hosp itality employee who so requests, at no cost to the
hospitality employee, a panic button.
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EXHIBIT A
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Exhibit A
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(1) If a hospitality employee encounters a situation necessitating his or her use of the
panic button as described above, the hospitality employee may cease working and remove
him/herself from the situation to await the arrival of the security guard responsible for providing
immediate assistance . No hospitality employee may be disciplined for ceasing work under the se
circumstances .
(2) No hospitality employee may be discip lined for use of a panic button absent clear
and convincing evidence the hospitality emp loyee knowingly and intentionally made a false
claim of emergency.
C. A hospitality employee who brings. to the attention of a large hospitality employer the
occurrence of violence or threatening behavior, including but not limited to indecent exposure,
solicitation, assault, or coercive sexual conduct by a guest or other person shall be afforded the
following rights.
(1) The large hospitality employer shall immediately allow the affected hospitality
employee sufficient paid time to contact the police and provide a police statement and to consult
with a counselor or advisor of the hospitality employee's choosing; the large hospitality
employer will permit, but may never require, the complaining hospitality employee to report an
incident involving alleged criminal conduct to the law enforcement agency with jurisdiction ; and
(2) The large hospitality employer shall cooperate with any investigation into the
incident undertaken by the law enforcement agency and /or any attorney for the complaining
hospitality employee .
D. Each large hospitality employer sh all p lace a sign on the back of the entrance door of
each public restroom and, where app licable, on the back of each entrance door of a guest room ,
written in a font size of no less than 18 points, that includes the heading "The Law Protects
Hospitality Employees From Threatening Behavior," a citation to this Chapter of the Rancho
Palos Verdes Municipal Code, and notice of the fact that the large hospitality employer is
providing panic buttons to employees .
5.40.030-Large H ospitality E mployer M inimum W age
A. On and after January 1, 2019, large hospitality employers shall pay a wage of no less than
Fifteen Dollars per hour, which shall increase by One Dollar per hour on each January 1
thereafter through January 1, 2022 .
B . On January 1, 2023 , and annually thereafter, the minimum wage will increase annually to
reflect increases in the cost of living . The cost ofliving increase shall be the greater of (1) two
percent (2 %) or (2) the percentage increase as of September 30, 2022 , 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 Ange les-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 C ity Manager shall publish a bulletin by November 1 of each year
announcing the adjusted rates, which shall take effect the following January 1. Such bulletin will
be made available to all Employers and to any other person who has filed with the City Manager
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EXHIBIT A
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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 Employees of their rights under this
article and distribute it to all Employers. An Employer shall post the notice in a prominent place
where it will be seen by Emp loyees . An Employer shall provide written notification of the rate
adjustments to each of its Employees and make the necessary payroll adjustments by January I
following the publication of the bulletin.
5.40.04 0 - H uman e w orkload.
A. Purpose. Hospitality employees who clean guest rooms are frequently assigned overly
burdensome room cleaning quotas and unexpected overtime, which undermines the public
interest in ensuring that room cleaners can perfonn their work in a manner that adequately
protects public health and interferes with their ability to meet family and personal obligations .
This provision assures that workers receive fair compensation when their workload assignments
exceed proscribed limits and prohibits hospitality employers from assigning employees overtime
work when their shifts exceed 10 hours in a day, except in emergency situations , without
obtaining workers' informed consent.
B. A large hospitality employer that owns, controls, and/or operates a hotel shall not require
a room cleaner to clean rooms amounting to more than 4 ,000 square feet of floorspace, or more
than the maximum floor space otherwise specified in this Section, in any one, eight-hour
workday unless the large hospitality employer pays the room cleaner twice his or her regular rate
of pay for all hours worked by the room cleaner during the workday . If a room cleaner works
fewer than eight hours in a workday, the maximum floor space shall be reduced on a prorated
basis . When a room cleaner during a workday is assigned to clean any combination of seven or
more checkout rooms or additional-bed rooms, the maximum floorspace to be cleaned shall be
reduced by 500 square feet for each such checkout or additional-bed room over six . The
limitations contained herein apply to any combination of spaces, including guest rooms and
suites , meeting rooms or hospitality rooms , and apply regardless of the furniture , equipment or
amenities in any rooms .
C. A large hospitality employer shall not suffer or permit a hospitality employee to work
more than 10 hours in any workday unless t he hospitality employee consents. Consents must be
written and signed by the hospitality employee or communicated electronically through an
account or number particular to the hospitality employee . No consent is valid unless the large
hospitality employer has advised the hospitality employee in writing not more than 30 days
preceding the consent that the hospitality employee may decline to work more than 10 hours in
any workday and that the hospitality emp loyer will not subject the hospitality employee to any
adverse action for declining. An assignment in excess of 10 hours in a workday due to an
emergency shall not violate this Section.
5.4 0 .0 5 0 - Sup p ort for A lte rnative Tran sportati o n
As to each hospitality employee, a large hospitality employer shall take one of the following
actions:
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EXHIBIT A
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(1) Offer to the hospitality employee each month a transit pass for the public transit
system requested by the hospitality employee or credit toward vanpool or ridesharing service
charges at least equal in value to the purchase price of the monthly transit pass, which shall at a
minimum be equal to the cost of a non-discounted adult Los Angeles Metro Pass enabling u s e at
no additional charge of all Metro services and which may be used by the hospitality employee
for the purpose of commuting to and from work for the large hospitality employer.
(2) Offer the hospitality employee transportation from the hospitality employee's
residence to and from the large hospitality employer's worksite at no cost to the hospitality
employee in a vanpool or bus, or similar multi-passenger vehicle operated by or for the large
hospitality employer.
5.40.060 Preservation of records.
A. Each large hospitality employer shall maintain for at least three (3) years:
(1) for each hospitality employee, a record of his or her name, hours worked, pay rate,
and proof of offer to provide a transit pass, credit toward vanpool or ridesharing service, or direct
transportation consistent with Section 5.40.050; and
(2) a record of the written consents it received from hospitality employees to work more
than ten hours during a shift consistent with Section 5.40.040(C).
B. Each large hospitality employer that owns, controls, and/or operates a hotel shall
additionally maintain for at least three (3) years for each room cleaner a record of his or her
name, pay rates received, and the rooms (or at the large hospitality employer's option, total
amount of square footage) each room cleaner has cleaned on each workday.
C . The large hospitality employer shall make the records specified in Subsections A and B
of this Section available to employees of the large hospitality employer or their representativ e s
for inspection and copying except the hospitality employees ' names (and any addresses and
social security numbers) shall be redacted unless the requester is a hospitality employee
requesting records concerning herself. Failure of the large hospitality employ er to provide a copy
of such records will result in a penalty of at least one hundred dollars ($100.00) per day up to one
thousand dollars ($1 ,000.00) per day, the amount to be set b y the court.
5.40.070 -No retaliation.
No person shall discharge, reduce in compensation, increase workload, impose fees or charges,
change duties or otherwise take adverse action against any hospitality employee for opposing
any practice proscribed by this Chapter, for participating in proceedings related to this Chapter,
for seeking to enforce his or her rights under this article b y any lawful means, or for otherwise
asserting rights under this Chapter. A person terminating or taking any other adverse action
against any hospitality employee who has engaged in any of the foregoing activities within one
year preceding the termination or other adverse action shall provide to the hospitality employee
at or before the time of the termination or other adverse action a detailed written statement of the
reason or reasons for the termination or other adverse action including all the facts substantiating
the reason or reasons and all facts known to the person that contradict the substantiating facts.
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EXHIBIT A
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Exhibit A
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5.40.080 -Waiver.
The provisions of this Chapter may not be waived by agreement between an individual
hospitality employee and a large hospitality employer. All of the provisions of Section 5 .40.030
or Section 5.40.040, or any part thereof, may be waived in a bona fide collective bargaining
agreement but only if the waiver is explicitly set forth in such agreement in clear and
unambiguous terms . Unilateral implementat ion of terms and conditions of employment by either
party to a collective bargaining relationship shall not constitute, or be permitted , as a waiver of
all or any part of the provisions of this Chapter.
5.40.090 -Enforcement.
A. A hospitality employee or representative of hospitality employees claiming violation of
this Chapter may bring an action in the Superior Court and shall be entitled to all remedies
available under the law or in equity appropriate to remedy any such violation , including but not
limited to injunctive relief or other equitable relief, including reinstatement, and compensatory
damages and other relief provided in this subsection. In addition to any other remedy to which a
hospitality employee is entitled under this Chapter, a large hospitality employer that violates
Section 5.40.030 shall be liable to each affected hospitality employee for statutory damages in
the amount of fifty dollars ($50) for each day on which a violation occurred; and a large
hospitality employer that violates Section 5.40 .040 shall be liable to each affected hospitality
employee for statutory damages in the amount of fifty dollars ($50) for each day on which a
violation occurred . In the event of a willful violation of Section 5.40.070, the amount of
damages attributable to lost income due to the violation shall be trebled. If a hospitality
employee is the prevailing party in any legal action taken pursuant to this Chapter, the court shall
award reasonable attorney's fees and costs as part of the costs recoverable.
B . Each hospitality employer shall give written notification to each current hospitality
employee, and to each new hospitality employee at time of hire, of his or her rights under this
Chapter. The notification shall be in each language spoken by more than ten (10) hospitality
employees .
C. A large hospitality employer that contracts with another person, including, without
limitation, another large hospitality employer, a temporary staffing agency, employee leasing
agency or professional employer organization, to obtain the services of hospitality employees
shall share all civil legal responsibility and civil liability for violations of this Chapter by that
person for hospitality employees performing work pursuant to the contract. For the purposes of
this subsection, the term "person" shall not include : (1) A bona fide nonprofit, community-based
organization that provides services to workers; (2) A bona fide labor organization or
apprenticeship program or hiring hall operated pursuant to a collective bargaining agreement.
5.40.100 -Severability.
If any provision or application of this Chapter is declared illegal, invalid or inoperative, in whole
or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof
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EXHIBIT A
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shall remain in full force or effect. The courts are hereby authorized to reform the provisions of
this Chapter in order to preserve its maximum permissible effect.
5.40.110 -No Preemption of Higher Standards.
This Chapter does not preempt or prevent the establishment of superior standards or the
expansion of coverage by ordinance, resolution, contract, or any other action of the City of
Rancho Palos Verdes . This Chapter shall not be construed to limit a discharged hospitality
employee's right to bring a common law cause of action for wrongful termination.
5.40.120 -Regulations.
The City shall have authority to adopt rules and regulations consistent with and necessary for the
implementation of this Chapter. Such rules and regulations shall have the force and effect of
law , and may be relied upon by large hospitality employers, hospitality employ ees and other
parties to determine their rights and respons ibilities under this Chapter.
Section 2. Conflicting Measures.
Consistent with California Elections Code § 9221 , should another ordinance containing
provisions that conflict w ith this ordinance be adopted by voters at the same election as thi s
ordinance is adopted, the terms of the ordinance that receives the higher number of affinnative
votes shall control.
Section 3. Effective Date.
The proposed ordinance that is the subject of this initiative, once approved by the voters at
the Nov ember 6, 2018 election, or such other election as authorized by law, shall be deemed
adopted upon the date that the vote is declar ed by the City Council, and shall go into effect 10
day s after that date .
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EXHIBIT A
Resolution No. 2019-25
Exhibit A
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