HomeMy WebLinkAboutResolution No. 2020-C62RESOLUTION 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,
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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 -CI I 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.
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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
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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.
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 5t" day of October, 2020.
e orex es
Mayor
ATTEST:
r i ence Come j , r.
City Cler
El
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: MACIAS, ALVAREZ, AVILA, MENDEZ
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: GONZALES
J re wf e Cornejo, J
it Clel'
APPROVED AS TO FORM:
—AfA --:r-! - —I
Marco` Martinez `
City Attorney
Best Best & Krieger LLP