SR 12-15-2020 7A
City Council Report
City Council Meeting: December 15, 2020
Agenda Item: 7.A
1 of 1
To: Mayor and City Council
From: George Cardona, Interim City Attorney, City Attorney's Office, Municipal Law
Subject: Second Reading and Adoption of an Ordinance of the City Council of the City
of Santa Monica Amending Santa Monica Municipal Code Section 4.67.060
Relating to Public Housekeeping Training
Recommended Action
Staff recommends that City Council adopt the attached Ordinance.
Executive Summary
At its meeting on November 24, 2020, the City Council introduced for first reading an
ordinance amending Santa Monica Municipal Code Section 4.67.060 relating to public
housekeeping training.
Prepared By: Bradley Michaud, Legal Operations Coordinator
Approved
Forwarded to Council
Attachments:
A. Ordinance
7.A
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City Council Meeting: December 15, 2020 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 4.67.060 RELATING TO PUBLIC HOUSEKEEPING TRAINING
WHEREAS, on September 10, 2019, the City Council of the City of Santa Monica
adopted Ordinance No. 2614 (CCS), which established Santa Monica Municipal Code
(“SMMC”) Chapter 4.67 setting forth enhanced protections for hotel workers in Santa
Monica; and
WHEREAS, SMMC Section 4.67.060(d) restricts hotel employers from employing
hotel workers for more than 120 days without such workers having a valid Public
Housekeeping Certificate, which is issued upon successful completion of the Public
Housekeeping Training Program and Public Housekeeping Examination; and
WHEREAS, to provide time for the City to certify and designate the required Public
Housekeeping Training Organization, and for hotel workers to complete the required
Public Housekeeping Training Program and Public Housekeeping Examination, SMMC
Section 4.67.060(d) specifies that it becomes effective one year after the effective date
of SMMC Chapter 4.67; and
7.A.a
Packet Pg. 1001 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection)
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WHEREAS, in January 2020, Santa Monica College’s Office of Workforce and
Economic Development was selected through a competitive bidding process to develop
and conduct the Public Housekeeping Training Program for Santa Monica hotel
employers, to be completed by December 31, 2020, to enable hotel workers to satisfy the
time requirements set forth in SMMC Section 4.67.060(d) for completing the Public
Housekeeping Training Program and Public Housekeeping Examination; and
WHEREAS, the novel coronavirus (COVID-19) public health crisis has negatively
impacted Santa Monica hotels, resulting in significantly reduced occupancy and
decreased staffing; and
WHEREAS, as a result of the ongoing COVID-19 public health crisis and its
impacts on hotel employers and hotel workers, as well as the need to modify training to
a virtual format to maintain compliance with Los Angeles County public health orders, the
Public Housekeeping Training Program has been delayed; and
WHEREAS, extending the effective date required for hotel workers to complete the
required Public Housekeeping Training Program and Public Housekeeping Examination
and obtain the required Public Health Certificate for another 18 months will allow sufficient
time to ensure that all hotel workers receive important safety training for their own
protection as well as that of members of the public, all of which will promote public health,
safety, and welfare;
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7.A.a
Packet Pg. 1002 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection)
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 4.67.060 is hereby amended
to read as follows:
4.67.060 Public housekeeping training.
(a) The City Manager, or designee, shall establish a process whereby the
City will certify and designate a “Public Housekeeping Training Organization.”
The certification and designation of the Public Housekeeping Training
Organization shall be carried out by the City Manager, or designee, subject to
ratification by the City Council.
(b) In order to become certified as the designated Public Housekeeping
Training Organization, the organization shall meet requirements set forth by the
City Manager, or designee, that shall include, but not be limited to, the following:
(1) The Public Housekeeping Training Organization must have
experience providing training to hotel workers or immigrant low-wage workers,
utilize interactive teaching strategies that engage across multiple literacy levels,
and provide trainers and educators who are culturally competent and fluent in the
language or languages that hotel workers understand.
(2) The Public Housekeeping Training Organization shall offer a
“Public Housekeeping Training Program” that includes no less than six hours of
training, including live and interactive instruction, on the following elements,
except that the City Manager, or designee, may determine that any element
7.A.a
Packet Pg. 1003 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection)
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below is separately and sufficiently required by State or local law, in which case
the element may be eliminated and the total training time reduced accordingly:
(A) Hotel worker rights and hotel employer responsibilities
under this Chapter and Chapter 4.63 of this Code;
(B) Best practices for identifying and responding to
suspected instances of human trafficking, domestic violence, or violent or
threatening conduct;
(C) Best practices for effective cleaning techniques to
prevent the spread of disease;
(D) Best practices for identifying and avoiding insect or
vermin infestations; and
(E) Best practices for identifying and responding to the
presence of other potential criminal activity.
(3) The Public Housekeeping Training Organization may
coordinate with a hotel employer to ensure that training content aligns where
appropriate with the hotel employer’s policies and procedures. Ultimate discretion
regarding training content shall remain with the Public Housekeeping Training
Organization, subject to requirements set forth by the City Manager, or designee.
(4) The Public Housekeeping Training Organization shall
administer a “Public Housekeeping Examination” to hotel workers who complete
its training program. The Public Housekeeping Examination shall test basic
proficiency in the required training elements.
7.A.a
Packet Pg. 1004 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection)
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(5) The Public Housekeeping Training Organization shall promptly
issue a “Public Housekeeping Certificate” to any person who successfully
completes its Public Housekeeping Training Program and Public Housekeeping
Examination. A Public Housekeeping Certificate shall be valid for a period of five
years.
(6) The Public Housekeeping Training Organization shall offer a
right of review to an individual who completes the Public Housekeeping Training
Program but does not successfully complete the Public Housekeeping
Examination.
(c) A hotel employer shall contract with the certified Public Housekeeping
Training Organization to, no less than annually, conduct a Public Housekeeping
Training Program, administer a Public Housekeeping Examination, and issue a
Public Housekeeping Certificate to each person who has successfully completed
the Public Housekeeping Training Program and Public Housekeeping
Examination. A hotel employer shall document compliance with the training
requirement set forth in this Section by completing and signing a form as required
by the City to certify that the training was conducted. The Public Housekeeping
Training Organization that provides such a training shall submit a report to the
City within five days of the training to document the date on which the training
was held and the names of all hotel workers who received Public Housekeeping
Certificates.
(d) No hotel employer shall employ a hotel worker to work as a room
attendant for more than one hundred twenty 120 days unless the hotel worker
7.A.a
Packet Pg. 1005 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection)
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presents the hotel employer with a valid Public Housekeeping Certificate. This
subsection shall become effective as of June 30, 2022.
(e) Each hotel employer shall retain records sufficient to demonstrate
compliance with this Section, including a copy of a valid Public Housekeeping
Certificate for each hotel worker then assigned to work as a room attendant.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase 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 of this Ordinance. The City Council hereby declares that it 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.
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Packet Pg. 1006 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection)
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SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
GEORGE S. CARDONA
Interim City Attorney
7.A.a
Packet Pg. 1007 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection)