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Home My WebLink AboutE-9 Staff Report - Resolution Extending Local Emergency COVID-191 CONSENT ITEM E-9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: SERGIO GONZALEZ, CITY MANAGER MARCO A. MARTINEZ, CITY ATTORNEY DATE: OCTOBER 5, 2020 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING AND UPDATING THE PROCLAMATION OF LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) RECOMMENDATION: It is recommended City Council: 1. Review and adopt the following Resolution No. 2020-C62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING AND UPDATING THE PROCLAMATION OF LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) BACKGROUND: On March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19. On March 4, 2020, the Health Officer of Los Angeles County declared a local health emergency regarding Novel Coronavirus 2019 (COVID-19) and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles. On March 16, 2020, the City Council adopted a Resolution No. 2020-C11, declaring a local state of emergency which gave authority to the City Manager in his role as Director of Emergency Services to implement measures in line with state and county health officials’ recommendations to slow the spread of COVID-19 while not impacting critical services. On April 20, 2020 (Resolution No. 2020-C22), June 15, 2020 (Resolution No. 2020-C36), and August 17, 2020 (Resolution No. 2020-C47), due to the ongoing COVID-19 pandemic, the Azusa City Council extended the emergency proclamation. APPROVED CITY COUNCIL 10/5/2020 EXTENDING THE PROCLAMATION OF LOCAL EMERGENCY October 5, 2020 Page 2 2 Under the state’s four-tiered system, Los Angeles County continues to be in the highest risk tier, Purple (Tier 1), which indicates that the virus is “widespread” in the county. ANALYSIS: California Government Code section 8630, et seq., authorize the City to declare a local emergency, which the City Council did at a special meeting on March 16, 2020. California Government Code sections 8634, 36934 and 36937 authorize the City Council to take action by ordinance to take effect immediately for the preservation of the public peace, health or safety. Government Code section 8630(c) requires that a governing body review the need for continuing the local emergency at least every 60 days until the governing body terminates the local emergency. As of September 24, 2020, there are 263,000 confirmed cases and 6,423 deaths due to the COVID-19 pandemic. If adopted, this resolution would extend the declaration of local emergency until either the declaration is terminated by the State of California, the City council or the City evaluates and extends the declaration once more. The adoption of this resolution would also grant Franchisees/Operators of tow truck services a one-time three month grace period to remit their third quarter calendar 2020 franchise payment. FISCAL IMPACT: There is no fiscal impact arising from the proposed ordinance. Prepared by: Reviewed and Approved: Marco A. Martinez Sergio Gonzalez City Attorney City Manager Attachment: 1) Resolution No. 2020-C62 1 RESOLUTION NO. 2020-C62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, California Government Code 8630, et seq., and Chapter 26 of Section 26-4 of the Azusa Municipal Code provide that the Azusa City Council (City Council) may proclaim local emergencies; and, WHEREAS, the City Council has been requested by the Director of Emergency Services to proclaim the existence of a local emergency therein; and, WHEREAS, COVID-19 has spread globally to over 117 countries, infecting more than 6,9990,000 persons and killing more than 202,000 individuals worldwide. As of September 24, there were 263,000 cases, in Los Angeles County and 6,423 deaths related to COVID-19. Due to the expanding list of countries with widespread transmission of COVID-19, increasing travel alerts and warnings for countries experiencing sustained or uncontrolled community transmission issued by the Centers for Disease Control and Prevention (“CDC”), the escalation of United States domestic cases of and deaths from COVID-19, and the increasing number of COVID-19 cases in California, including Los Angeles County, COVID-19 has created conditions that are likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat; and, WHEREAS, on February 26, 2020, the CDC confirmed the first possible case of community transmission of COVID-19 in the United States. On March 4, 2020, the Health Officer of Los Angeles County determined that there is an imminent and proximate threat to the public health from the introduction of COVID-19 in Los Angeles County and declared a Local Health Emergency and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles; and, WHEREAS, on March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19); and, WHEREAS, on March 11, 2020, the World Health Organization (WHO) publicly characterized COVID-19 as a pandemic; and, WHEREAS, on March 12, 2020, Governor Newsom of the State of California issued Executive Order N-25-20 in a further effort to confront and contain COVID-19 that, among other things, suspended certain provisions of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and, WHEREAS, on March 13, 2020, President Donald Trump declared a National Emergency due to the continue spread and the effects of COVID-19; and, Attachment 1 2 WHEREAS, the City’s ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to COVID -19; and, WHEREAS, on March 16, 2020, the City declared a local emergency and adopted Resolution No. 2020-C11 proclaiming the existence of a local emergency regarding COVID-19; and, WHEREAS, on April 20, 2020 (Resolution No. 2020-C22), June 15, 2020 (Resolution No. 2020-C36), and August 17, 2020 (Resolution No. 2020-C47), the Azusa City Council extended the declaration of local emergency; and WHEREAS, Government Code section 8630(c) requires the governing body to review the need for continuing the local emergency at least every 60 days until the governing body terminates the local emergency; WHEREAS, the Franchisees/Operators of tow truck services plan to continue to operate under it’s existing agreement with the City; WHEREAS, pursuant to Chapter 74 Article XI of the Azusa Municipal Code (beginning at section 74-561), referred to herein as the “Franchise Fee On Towing Services,” Operators of towing services must enter an agreement with the City and pay the appropriate Franchise Fee on towing services; and WHEREAS, the Franchise agreements for tow truck services require the franchisee /Operators of towing services to pay the City a Franchise fee equal to 25% of Franchisees’ gross revenues attributable to the towing, storage, and impound Franchisee services on the 15th day following the close of each calendar quarters. WHEREAS, the City Council does hereby find the following: 1. That the above recitals are true and correct and based thereon, hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health safety within the City of Azusa and constitutes conditions of extreme peril to the safety of persons and property within the City of Azusa; and 2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Azusa; and 3. That the conditions of extreme peril warrant and necessitate the extension of the proclamation of the existence of a local emergency. 3 NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency continues to exists throughout City of Azusa in accordance with the proclamation adopted by the City Council on March 16, 2020 (Resolution No. 2020-C11), with the latest extension occurring on August 17, 2020 (Resolution No. 2020-C47). IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the continued threatened existence and actual existence of the local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Azusa, State of California. IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Azusa, State of California. IT IS FURTHER PROCLAIMED AND ORDERED Franchisees/Operators of tow truck services shall have a one-time three-month grace period to remit their third quarter calendar year 2020 franchise payment to the Tax Administrator of the City of Azusa. Franchisees/Operators of tow truck services remittances for franchise payments related to tow truck services for the third calendar quarter of 2020 would otherwise have been due by the 15th day following the close of the quarter or October 15th, 2020, but now Franchisees/Operators of tow truck services may remit their third calendar quarter franchise payment by the 15th day following the close of the fourth quarter of 2020 or January 15, 2021, and the City will not charge interest or penalties. IT IS FURTHER PROCLAIMED AND ORDERED the one-time three months grace period shall only apply to Franchisees/Operators of tow truck services who will remit payment in full by the end of the grace period. Penalties and interest will continue to accrue following January 15, 2021 for the third quarter calendar year 2020. Any Franchisees/Operators of tow truck who fail to make the third quarterly calendar 2020 payment in full by January 15, 2021, shall be liable for penalties and interest accruing from October 15, 2020, for any delinquent amounts. IT IS FURTHER PROCLAIMED AND ORDERED this Proclamation, and each of the terms used herein, is intended to be interpreted consistent with Chapter 74 Article XI of the City’s Municipal Codes and the Franchise agreements for tow truck services between the City and Franchisees/Operators of tow truck services. This Proclamation only allows for the limited three months grace from penalties and interest as stated above and does not in any way modify or suspend the franchise fees. Nothing herein limits the ability of the City to assess penalties or take any other actions related to fraud. This Proclamation does not in any way relieve Franchisees/Operators of tow truck services of the duty to remit Franchise payments to the City. 4 IT IS FURTHER PROCLAIMED AND ORDERED the one-time three months grace period shall only apply to Franchise fee payment for the third quarter of calendar year 2020 and past due franchise fees. This Proclamation does not create a grace period for any other calendar year quarters. PASSED, APPROVED and ADOPTED this _____ day of April, 2020. Robert Gonzales Mayor ATTEST: Jeffrey Lawrence Cornejo, Jr. City Clerk 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2020-C62 was duly adopted by the City Council of the City of Azusa, at a meeting thereof held on the 20th day of April 2020, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM: Marco Martinez City Attorney Best Best & Krieger LLP