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MADAM CLERK, THANK YOU SO MUCH FOR ORGANIZING THIS SPECIAL MEETING.
LET'S CALL THE SPECIAL MEETING ORDER WITH ROLL CALL PLEASE.
[CALL TO ORDER]
YOU.WE WILL OPEN UP THE MEETING WITH THE PLEDGE OF ALLEGIANCE.
[ROLL CALL]
PLEASE RISE IF YOU ARE ABLE AND JOIN US AND SALUTING OUR NATION'S FLAG.I PLEDGE ALLEGIANCE, ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS.
[PLEDGE OF ALLEGIANCE]
ALRIGHT.UH, THIS IS A SPECIAL MEETING, UH, TO TAKE, TO TAKE CARE OF JUST ONE ITEM.
UH, ITEM NUMBER ONE, PLEASE REPORT FROM CITY ATTORNEY RECOMMENDATION TO ADOPT A RESOLUTION REQUESTING THE REGISTRAR RECORDER COUNTY CLERK TO CALL AND GIVE NOTICE OF A PRIMARY MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD IN THE CITY OF LONG BEACH ON MARCH 5TH, 2024.
AND INCLUDE THE PROPOSED ORDINANCE TO INCREASE THE MINIMUM WAGE
[1. 23-24754 Recommendation to adopt resolution requesting the Registrar-Recorder/County Clerk to call, provide, and give notice of a Primary Municipal Election to be consolidated with the Statewide General Election to be held in the City of Long Beach (City) on March 5, 2024, and include the proposed ordinance to a vote of the qualified electors of the City relating to an increase of the minimum wage of qualifying hotel workers in the City of Long Beach, clarifying the payment of “wages” and “service charges” to qualifying hotel workers in the City, authorizing the City Council to make future amendments to the City’s hotel worker minimum compensation standards; requesting the County of Los Angeles to consolidate said election with the Statewide Primary Election of even date; and setting rules and deadlines for arguments for and against the ordinance. (Citywide) Office or Department: City Attorney Suggested Action: Approve recommendation. ]
OF QUALIFYING HOTEL WORKERS IN THE CITY OF LONG BEACH CITYWIDE.AND AT OUR MEETING THIS PAST TUESDAY, CITY COUNCIL DIRECTED THE CITY ATTORNEY TO MAKE TWO KEY RE REVISIONS TO THE PROPOSED LENGTH LANGUAGE.
UH, AND THOSE TWO INCLUDE ESTABLISHING ACPI BASELINE.
SO AT MINIMUM, THE HOTEL WORKERS' WAGES STILL ADJUST ACCORDING TO THE COST OF LIVING.
IF A FUTURE COUNCIL DOES NOT DECIDE TO MODIFY WAGES AFTER 2029 AND SECOND, UH, IT DEFINES THE THRESHOLD, THE COUNCIL NEEDS TO AUTHORIZE A FU FUTURE WAGE ORDINANCE AFTER 29 TO A SIMPLE MAJORITY.
UH, AND SO WHAT WE HAVE TODAY IS, UH, THAT ORDINANCE IN ORDER TO, UH, MEET THE DEADLINE FOR THE, UH, PROCESS OF THE, UH, MARCH BALLOT.
AND SO, UH, WE SEE ONE MEMBER OF THE PUBLIC SIGNED UP FOR PUBLIC COMMENT.
UM, GIA LOPEZ, UM, GOOD AFTERNOON.
THANK YOU SO MUCH FOR DOING THIS SPECIAL MEETING.
UM, I JUST WANTED TO SAY A, A QUICK THANK YOU TO YOU ALL AS A COUNCIL AND THE MAYOR, THIS HAS BEEN, UH, A REALLY, I THINK TOUGH FIGHT, BUT A VERY HISTORIC MOMENT.
UM, WE ARE ALSO WITNESSING A DIFFERENT COUNCIL THAN WHAT WE HAD OVER A DECADE AGO, AND IT REALLY DEMONSTRATES THE POWER OF COMMUNITY AND THE POWER OF WORKERS.
UM, WE ARE WITNESSING A COUNCIL THAT REALLY CARES ABOUT WORKING FAMILIES AND IN DOING THIS, PUTTING THIS ON THE BALLOT TO RAISE THE WAGE FOR, FOR HOSPITALITY WORKERS, IT ALSO SHOWS THAT THERE IS A COMMITMENT FROM THE CITY OF LONG BEACH.
AND THIS WILL TO REALLY LEAD WITH INTEGRITY AND TO REALLY LEAD AND SUPPORT OF CREATING STRONGER WORKING CONDITIONS FOR THE WORKING COSTS HERE IN LONG BEACH.
AND SO I JUST REALLY WANNA RECOGNIZE AND, AND, AND THE, THE WORK THAT EACH OF YOU ARE DOING, UM, TO MAKE THAT HAPPEN.
AND THAT CONCLUDES, UH, PUBLIC COMMENT.
MEMBERS, PLEASE CAST YOUR VOTE.
MAYOR, THERE'S A MEMBER, UH, QUEUED UP TO SPEAK.
UH, YOU ALL KNOW MY OPINION ABOUT THIS BALLOT MEASURE, SO I'M NOT GONNA GO OVER THOSE POINTS.
BUT I DID HAVE A COUPLE OF QUESTIONS ABOUT THE LANGUAGE OF THE ORDINANCE.
UM, JUST A LITTLE BIT OF CLARIFICATION.
UM, THE ORDINANCE DEFINES A SERVICE CHARGE AS ANY FEE AND IT'S QUOTE, CHARGED AND COLLECTED BY AN EMPLOYER FROM CUSTOMERS THAT IS FOR SERVICE BY EMPLOYEES OR IS DESCRIBED IN SUCH A WAY THAT CUSTOMERS MIGHT REASONABLY BELIEVE THAT THE AMOUNT IS FOR THOSE SERVICE OR IS OTHERWISE TO BE PAID OR PAYABLE DIRECTLY TO EMPLOYEES OR IS USED TO PAY FOR LABOR OR WORKER PROTECTIONS.
UM, THAT GOES ON TO IDENTIFY SOME EXAMPLES OF SERVICE CHARGES, TABLE CHARGES, PORTAGE CHARGES, AUTOMATIC GRATUITY CHARGES.
AND I THINK CUSTOMERS WOULD REASONABLY BELIEVE THESE CHARGES WOULD GO TO EMPLOYEES.
UM, THEIR FEES INCLUDED FOR SERVICE BY THE EMPLOYEES.
BUT THE LANGUAGE IN THE ORDINANCE ALSO PROVIDES EXAMPLES OF SERVICE CHARGES.
HEALTHCARE SURCHARGES BENEFIT SUR SURCHARGES AS A SERVICE CHARGE.
UM, AS A CUSTOMER, I WOULD THINK THAT A HEALTHCARE
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SURCHARGE OR A BENEFIT SURCHARGE WOULD NOT BE PAID DIRECTLY TO EMPLOYEES, BUT FOR SERVICES PROVIDED BY AN EMPLOYER.UM, I DON'T SEE HOW HEALTHCARE SURCHARGE IS TIED TO A SERVICE BY AN EMPLOYEE.
UM, DOES SOMEONE HAVE SOME INSIGHT INTO HOW HEALTHCARE SURCHARGE AND BENEFITS SURCHARGE WOULD BE SEEN AS A, UH, AS A CHARGE FOR A SERVICE BY AN EMPLOYEE OR EXPECTED TO GO DIRECTLY TO THE EMPLOYEE? UM, I UNDERSTAND IT WAS INCLUDED BECAUSE OTHER CITIES HAD USED THIS SAME LANGUAGE.
SO, UM, SO COUNCIL MEMBER, UM, YOU'RE CORRECT.
IT WAS A TEAM EFFORT TO BUILD THIS, BUT I BELIEVE THE EXAMPLES HAD COME FROM OTHER PLACES.
HOWEVER, IF THIS COUNCIL DISAGREES WITH THE INCLUSION OF THOSE TERMS, IT'S SOMETHING THAT COULD BE STRICKEN ON THE FLOOR TODAY AND THIS WOULD STILL BE ABLE TO MOVE FORWARD.
IF YOU WANT TO SUBSTANTIALLY CHANGE THE DEFINITION OF SERVICE CHARGE THAT'S PROVIDED, THAT WOULD BE SOMETHING THAT WOULD HAVE TO GO BACK TO MY OFFICE AND REWORKED.
WE WOULDN'T BE ABLE TO MOVE FORWARD TODAY.
SO DOES ANYONE HAVE ANY OPINION ON THIS? WE WERE GOING REALLY QUICKLY TO THE VOTE, SO I DON'T KNOW IF ANYONE WAS LOOKING AT THIS AT, AT, YOU HAVE FIVE MINUTES TO DO ALL YOUR COMMENTS AND IF ANYONE WANTS TO SPEAK THEY QUEUE UP AND THEY CAN ADDRESS 'EM.
SO LET'S JUST GO THROUGH THE PROCESS.
UM, SO IN FOLLOW UP TO THAT, THE SERVICE CHARGE IS ALSO IN OUR ORDINANCE FOR EMPLOYEES AT THE CONVENTION CENTER AND AIRPORT EMPLOYEES.
UM, IS THIS GOING, DOES THIS DEFINITION CHANGE? IS IT GOING TO CHANGE FOR CONVENTION CENTER OR AIR AIRPORT EMPLOYEES? AND WHAT KIND OF REPERCUSSIONS MIGHT THERE BE LEGAL ISSUES IF IT COMES BACK? BECAUSE WE'VE CHANGED THE ORDINANCE TO ADD THESE, THESE TERMS. SO THE TERMS WERE ADDED AS A WAY TO STRENGTHEN THIS PROVISION.
UM, THE SENTIMENT IS THE SAME, RIGHT? THAT FEES THAT ARE BEING COLLECTED AND INTENDED FOR WORKERS ARE GOING TO THE WORKERS THAT THE EMPLOYER ISN'T POCKETING CHARGES AND SAYING THAT THEY'RE GOING TO THE EMPLOYEES INSTEAD.
RIGHT? SO I, IN LOOKING AT THE DEFINITION FOR AIRPORT WORKERS, THE COUNCIL COULD TAKE UP AN ORDINANCE TO AMEND AND MAKE THEM CONSISTENT, UM, BETWEEN THE TWO MEASURES IF THIS ONE PASSES.
IT'S THAT SERVICE CHARGES THAT ARE INTENDED FOR EMPLOYEES GO TO EMPLOYEES.
THE LIST OF EXAMPLES IN THE EXPANSION IS A WAY TO CLARIFY, UH, A MEASURE THAT WAS PUT ON THE BALLOT FOR THE VOTERS, RIGHT? WHERE WE DON'T HAVE CONTROL TO AMEND IT UNLESS WE TAKE IT BACK TO THE VOTERS.
SO LOOKING AT THE TWO SECTIONS RIGHT NOW, I SEE THE IDEA AS THE SAME THAT WHERE
WE'RE COLLECTING, WE'RE WE'RE TALKING ABOUT THE SAME CONCEPT.
THERE'S AN EXPANDED VERSION OF THE CONCEPT IN THIS ORDINANCE VERSUS THE AIRPORT WORKERS' ORDINANCE.
I JUST DON'T KNOW WHAT THE IMPACTS WILL BE IF THEY COME BACK AND WANT THE SAME THING.
I MEAN, WE'RE ADDING HEALTHCARE AND BENEFITS SURCHARGE CHARGES GOING DIRECTLY TO EMPLOYEES.
HOW CAN THAT AFFECT OUR CITY? SO, UH, WE WERE CHATTING BACK HERE.
I DO BELIEVE THAT IF THIS WERE TO COME BACK, UM, AND WE WERE TO DO OUR ORDINANCE, THAT WE WOULD HAVE THE ABILITY TO, TO HAVE A, A DIFFERENT DEFINITION THERE.
IF THERE WAS ANY CONFLICT BETWEEN WHAT WAS GOING ON THE BALLOT AND HOW IT WOULD AFFECT OUR AIRPORT AND, UH, AND OUR, UM, CONVENTION CENTER EMPLOYEES.
SO WE HAVE NOT DONE THAT REVIEW YET, UH, OF WHAT THAT COULD BE FINANCIALLY.
UH, BUT IT'S MY UNDERSTANDING AND THE ATTORNEY CAN CONFIRM THAT TWO DEFINITIONS DO NOT HAVE TO BE THE SAME.
ANY ADDITIONAL QUESTIONS, COUNCILMEMBER? YES.
UM, IF I WANNA REQUE THE TIME.
ALRIGHT, IF WE GET BACK TO AN ECONOMIC DOWNTURN LIKE WE FELT IN 2020 THROUGH 2022, UM, DOES CITY COUNCIL HAVE THE ABILITY TO PUT A PAUSE TO INCREASING THE WAGES, THE EFFECT OF THIS, IF WE GO BACK INTO SOMETHING LIKE, UH, THE PANDEMIC WE JUST CAME OUT OF, DO WE HAVE THE ABILITY TO SAY, HEY, WE NEED TO TAKE A BREAK FROM THIS FOR A YEAR OR TWO YEARS? ARE WE ABLE TO DO THAT? NOT WITHOUT TAKING A MEASURE BACK TO THE VOTERS TO PUT
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A PAUSE ON THE INCREASES? OH, SO WE HAVE TO GO BACK TO ANOTHER MILLION PLUS, UH, ELECTION COST, CORRECT.THE AUTHORITY THAT COUNSEL ASKED, ASKED FOR WAS IN FURTHERANCE OF PROVIDING FAIR WAGES AND, AND CONTEMPLATES INCREASES.
IT DOESN'T CONTEMPLATE PAYING HOTEL WORKERS LESS OR PUTTING A PAUSE, A PAUSE ON IT, THE TYPE OF CATASTROPHIC THINGS THAT YOU'RE TALKING ABOUT.
WELL IT'S PROBABLY TOO LATE TO MAKE ANY CHANGES TO THIS PROPOSAL, BUT IF ANYONE HAS COMMENT ON WHAT I'M TALKING ABOUT.
ALRIGHT, SO I WANNA THANK, UH, THE COUNCIL MEMBERS FOR MAKING TIME FOR THIS SPECIAL MEETING TODAY, UM, FOR DOING YOUR DILIGENCE.
UM, AS THIS IS THE, UH, BELIEVE THIRD TIME WE'VE DISCUSSED THIS AT COUNCIL, UH, FOR GETTING YOUR QUESTIONS ANSWERED IN ADVANCE FOR DOING THE RESEARCH.
AND, UM, AND SO WITH THAT SAID, MEMBERS PLEASE CAST YOUR VOTE.
SO AT THIS TIME, UH, NOW THAT THAT HAS PASSED, AT THIS TIME I'M CALLING FOR ARGUMENT AND REBUTTAL WRITERS FOR THE PROPOSED BALLOT MEASURE.
UH, APPLICATION CAN BE FOUND ON THE CITY CLERK WEBSITE AND ARE DUE TO THE OFFICE OF THE CITY CLERK BY FRIDAY, NOVEMBER 3RD AT 4:30 PM COUNSEL WILL APPROVE NOMINATIONS ON TUESDAY, NOVEMBER 14TH.
FOR MORE INFORMATION, PLEASE CONTACT THE OFFICE OF THE CITY CLERK.
UH, WE'LL NOW MOVE ON TO ANY ADDITIONAL PUBLIC COMMENT.
IS THERE ANY CLOSING PUBLIC COMMENT? OKAY, SEEING NONE, THANK YOU SO MUCH.
THIS SPECIAL MEETING IS ADJOURNED.