HomeMy WebLinkAboutResolution No. 24-8232 - Withdrawing the City's Healthcare Workers Minimum Wage Ordinance from the November 5, 2024 General Municipal ElectionRESOLUTION NO.24-8232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, WITHDRAWING THE CITY'S HEALTHCARE WORKERS
MINIMUM WAGE ORDINANCE FROM THE NOVEMBER 5, 2024 GENERAL
MUNICIPAL ELECTION AND CANCELLING ALL FURTHER ELECTION
PROCEEDINGS RELATED TO THE ORDINANCE
WHEREAS, pursuant to authority provided by statute, on May 17, 2022, a local petition
was filed with the City Council of the City of Downey seeking to enact an initiative
measure/ordinance to add Chapter 13 to Article VI of the Downey Municipal Code to establish a
minimum wage of $25.00 per hour for qualifying healthcare workers working in the City of Downey,
to be known as the "Healthcare Workers Minimum Wage Ordinance" ("Ordinance"); and
WHEREAS, at a regular meeting of the City Council on July 12, 2022, the City Clerk,
through the Los Angeles County Registrar of Voters, certified that the form of the initiative petition
complied with California law and, based upon an examination of voter registration records, was
signed by the requisite number of Downey registered voters (10%) to qualify the Ordinance for
the ballot under the California Elections Code; and
WHEREAS, on July 12, 2022, in lieu of placing the Ordinance on the ballot at the next
regularly scheduled election, the City Council voted to adopt the Ordinance without alteration, as
authorized by Elections Code section 9215(a); and
WHEREAS, the Ordinance, Ordinance No. 22-1485, was scheduled to take effect 30 days
after the City Council's adoption, or on August 11, 2022, unless challenged by referendum
petition; and
WHEREAS, pursuant to authority provided by Elections Code section 9235 et. seq., on
August 10, 2022, a group of Downey residents timely filed with the City a signed petition protesting
the Ordinance by referendum which, if qualified, would suspend the effective date of the
Ordinance and require that the City Council reconsider the Ordinance to either repeal the
Ordinance in its entirety or submit the Ordinance to a vote by Downey voters; and
WHEREAS, the City Clerk, through the Los Angeles County Registrar of Voters, certified
that the form of the referendum petition complied with California law and, based upon an
examination of voter registration records, ascertained that the petition was signed by the requisite
number of voters to qualify the Ordinance for the ballot under the Elections Code, unless the
Ordinance was repealed by the City Council; and
WHEREAS, the City Council did not vote to repeal the Ordinance; and
WHEREAS, pursuant to Elections Code section 9237, because the referendum petition
was signed by the requisite number of voters and the Ordinance was not repealed by the City
Council, the effective date of the Ordinance was suspended, and the Ordinance could not take
effect until approved by a majority of Downey voters at a municipal election; and
WHEREAS, the City Council was authorized and required by the Elections Code to submit
the Ordinance to the voters at either its next regular municipal election or at a special municipal
election called for that purpose, occurring not less than 88 days after the date of order of election;
and
RESOLUTION NO. 24-8232
PAGE 2
WHEREAS, on December 8, 2022, by Resolution No. 22-8125, and in accordance with
these timeframes, the City Council voted to place the Ordinance before Downey voters at the
November 5, 2024 General Municipal Election; and
WHEREAS, on October 13, 2023, Governor Newsom signed Senate Bill 525 ("SB 525"),
first -in -the -nation legislation which itself mandates an across-the-board, industry minimum wage
for healthcare workers at virtually all health care facilities and hospitals in the state, both large
and small; and
WHEREAS, SB 525 provides that "[a]ny ordinance, regulation, or administrative action
taken by any city, county, or city and county, including charter cities, charter counties, and charter
cities and counties, that is enacted or takes effect after September 6, 2023, related to covered
health facilities, that establishes, requires, imposes, limits, or otherwise relates to wages, salaries,
or compensation for covered health care facility employees, as defined in this section, is void";
and
WHEREAS, by its language, SB 525 is intended to "occup[y] the whole field of wages,
salary, or compensation for covered health care facility employees, and applies to all cities and
counties, including charter cities, charter counties, and charter cities and counties"; and
WHEREAS, SB 525 prohibits localities from adopting their own health care minimum wage
ordinances for 10 years, until 2034; and
WHEREAS, by the foregoing, and because the Ordinance would take effect, if at all, after
September 6, 2023, SB 525 serves to fully preempt Ordinance and render the Ordinance void,
without anything more; and
WHEREAS, in express recognition of SB 525, on January 4, 2024, the City Clerk received
a request for withdrawal of the initiative Ordinance, signed by Mr. Jorge Rivera, the Ordinance's
original proponent; and
WHEREAS, also in express recognition of SB 525, on January 30, 2024, the City Clerk
received a notice of withdrawal of the referendum petition related to the Ordinance, signed by Ms.
Hermila Villafan, the petition's proponent; and
WHEREAS, Elections Code section 9604 provides in pertinent part that "[w]ithdrawal of a
local initiative or referendum measure ... shall be effective upon receipt by the appropriate local
election's official of a written notice of withdrawal, signed by all proponents of the measure'; and
WHEREAS, due to the effect of SB 525 on the Ordinance, and the corresponding
withdrawals of both the initiative measure and the referendum petition by their respective
proponents, the City Council has the authority and desires to formally withdraw the Ordinance
from the November 5, 2024 General Municipal Election ballot and cancel all further election
proceedings for the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. Recitals. The City Council of the City of Downey hereby finds and
determines that the foregoing recitals are true and correct, are incorporated herein, and by this
reference made an operative part hereof.
RESOLUTION NO.24-8232
PAGE 3
SECTION 2. Withdrawal of Ordinance from November 5, 2024 General Municipal
Election. The City Council hereby rescinds Resolution No. 22-8125 and orders the Ordinance
attached as Exhibit A to be withdrawn from the ballot for the General Municipal Election to be held
on Tuesday, November 5, 2024. The Ordinance shall not be printed in the ballot and no further
election proceedings shall be undertaken with respect to the Ordinance, except as necessary to
remove it from the ballot as set forth herein.
SECTION 3. November 5.2024 General Municipal Election To Be Held for All Other
Election Matters. This Resolution only removes the Ordinance from the ballot. Pursuant to the
City Charter and applicable provisions of the California Elections Code, the November 5, 2024
General Municipal Election will be held and conducted to elect qualified candidates to elective
City offices as well as for voters to consider any other City initiative, referendum, or measure that
qualifies and is placed on the ballot for that Election.
SECTION 4. Election Cancellation Procedures. The City Clerk is authorized,
instructed, and directed to take all appropriate action, in coordination with the Los Angeles County
Registrar of Voters, to remove the Ordinance from the November 5, 2024 General Municipal
Election as set forth herein.
SECTION S. Filing with County. The City Clerk shall file with the Los Angeles County
Registrar of Voters a certified copy of this Resolution.
SECTION 6. CEQA. The City Council hereby finds and determines that withdrawal of
the ballot measure relates to organizational or administrative activities of governments that will
not result in direct or indirect physical changes in the environment, and therefore is not a project
within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, section 15378(b)(5).
SECTION 7. Severability. The provisions of this Resolution are severable and if any
provision of this Resolution is held invalid, that provision shall be severed from the Resolution and
the remainder of this Resolution shall continue in full force and effect, and not be affected by such
invalidity.
SECTION 8. Effective Date of Resolution. This Resolution shall become effective
upon its adoption.
APPROVED AND ADOPTED this 121 day of March, 2024.
MARIO TRUJILLO, Ma
ATTEST:
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A ALICIA DU RTE, C
City Clerk
RESOLUTION NO.24-8232
PAGE 4
APPROVED AS TO FORM:
JO M. FUNK
City Attorney
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a Regular meeting held on the 1211 day of March, 2024, by the following vote,
to wit:
AYES:
Council Members:
Ortiz, Pemberton, Sosa, Trujillo
NOES:
Council Members:
None.
ABSENT:
Council Members:
Frometa
ABSTAIN:
Council Members:
None.
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