pages: CityCouncil/2021-03-16.pdf, 6
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CityCouncil | 2021-03-16 | 6 | Councilmember Herrera Spencer inquired whether litigation has been brought against any of the cities that have implemented the wage increase. The City Attorney responded in the affirmative; stated most, if not all, cities implementing a similar ordinance have been sued; only one case in Long Beach, California has proceeded fairly far in the litigation process; the Federal Trial Court denied a motion for preliminary injunction; the matter is pending; no orders hold that such an ordinance would not pass constitutional muster. Councilmember Herrera Spencer inquired the costs of the associated risks and potential legal proceedings. The City Attorney responded most cases have requests for takings as damages against the cities; stated none have been awarded; litigation is ongoing. In response to Councilmember Herrera Spencer's inquiry, the City Attorney stated the City Attorney's Office will vigorously defend any action the Council adopts. Councilmember Herrera Spencer inquired whether companies are legally required to maintain health insurance for their employees or whether any employee benefits have been cancelled. The City Attorney responded there are many factors; stated the matter depends on the company; there may be one jurisdiction which may have made an alteration with respect to spousal coverage. Councilmember Herrera Spencer inquired whether any cities have had any grocery stores close after passage of a similar ordinance. The City Attorney responded the Long Beach litigation involves two store closures. Councilmember Herrera Spencer inquired which specific stores the ordinance would apply to within Alameda. The City Attorney responded the ordinance will likely apply to big box retailers which engage in grocery sales, such as Albertsons type of stores. Mayor Ezzy Ashcraft stated the draft ordinance lists the store information. Vice Mayor Vella outlined page six of the ordinance. Councilmember Knox White stated Lucky's, Safeway, and Nob Hill stores will be affected; noted Target and CVS stores would not be included. The City Manager stated that he will need to check whether Target is eligible for the increase; noted Trader Joe's is under the 15,000 square foot requirement. Regular Meeting Alameda City Council 6 March 16, 2021 | CityCouncil/2021-03-16.pdf |