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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 Packet Pg. 1000 1 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) 2 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; /// /// 7.A.a Packet Pg. 1002 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection) 3 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) 4 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) 5 (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) 6 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. /// /// 7.A.a Packet Pg. 1006 Attachment: Ordinance (4358 : 2nd Reading - Hotel Workers Protection) 7 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)