HomeMy WebLinkAboutD-1 Staff Report - Repealing Section 18-1003 Longterm Occupancies ProhibitedSCHEDULED ITEM
D-1
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MARCO A. MARTINEZ, CITY ATTORNEY
TALIKA JOHNSON, DIRECTOR OF FINANCE
VIA: SERGIO GONZALEZ, CITY MANAGER
DATE: OCTOBER 4, 2021
SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA REPEALING SECTION 18-1003 OF THE AZUSA MUNICIPAL
CODE RELATING TO LONG TERM OCCUPANCIES
BACKGROUND:
Section 18-1003 of the Azusa Municipal Code provides as follows:
“No owner, operator or manager of a hotel or motel, as defined in sections
86-119 and 86-140, shall permit any unit of such hotel or motel to be
occupied by a registered guest for a period in excess of 30 consecutive
calendar days.”
This Code section prohibit an owner, operator or manager of a hotel or motel from permitting any unit of
such hotel or motel to be occupied by a registered guest for a period in excess of 30 consecutive calendar
days. However, the City has not enforced this provision of the Municipal Code since before the COVID-19
pandemic.
RECOMMENDATION:
Staff recommends the City Council take the following action:
1) Waive further reading, read by title only and introduce Ordinance No. 2021-06:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA
REPEALING SECTION 18-1003 OF THE AZUSA MUNICIPAL CODE RELATING TO
LONG TERM OCCUPANCIES
APPROVED
CITY COUNCIL
10/6/2021
ANALYSIS:
On March 4, 2020 the Governor of the State of California proclaimed a State of Emergency. As part of his
Executive Order (EO N-28-20) the Governor prohibited cities from enforcing prohibitions against long term
stays. As part of the state response to the COVID-19 pandemic the state initiated a program to use local
hotels and motels to house people experiencing homelessness. Most people who are housed are significantly
more likely to need hospitalization and require critical care if infected with COVID-19. Most of these stays
last longer than 30 days.
The state continues to be in a State of Emergency due to COVID-19. The City would like to have the
flexibility to temporary house any individuals for longer than 30 days in a local hotel or motel if the situation
calls for. The City has also not enforced the provision since before the COVID pandemic.
FISCAL IMPACT:
No fiscal implications to the City at this time.
Prepared By: Prepared By:
Marco A. Martinez Talika M. Johnson
City Attorney Director of Administrative Services
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachments:
1. Ordinance No. 2021-06
ORDINANCE NO. 2021-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA REPEALING SECTION 18-1003
OF THE AZUSA MUNICIPAL CODE RELATING TO LONG
TERM OCCUPANCIES
WHEREAS, the City Council of the City of Azusa previously adopted Section 18-1003
of Chapter 18 of the Azusa Municipal Code prohibiting longterm occupancies;
WHEREAS, the Azusa Municipal Code Section 18-1003 prohibits an owner, operator or
manager of a hotel or motel from permitting any unit of such hotel or motel to be occupied by a
registered guest for a period in excess of 30 consecutive calendar days;
WHEREAS, the City Council of the City of Azusa recognizes that the City has not
enforced Section 18-1003 since about 2015;
WHEREAS, the State of California continues in a State of Emergency due to the COVID-
19 pandemic;
WHEREAS, Governor Newsom’s Executive Order N-28-20 (March 16, 2020) prohibits
cities from enforcing prohibitions against longterm stays;
WHEREAS, the COVID-19 requires that the City have flexibility potentially allowing
longterm stays in hotels or motels;
WHEREAS, the City Council of the City of Azusa now seeks to repeal and reserve Section
18-1003 of Chapter 18 of the Azusa Municipal Code prohibiting longterm occupancies.
THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
Section 1. Recitals. The City Council of the City of Azusa hereby finds and determines
that the foregoing Recitals of this Ordinance are true and correct and are hereby incorporated into
this Ordinance as fully set forth herein.
Section 2. Repealed. Section 18-1003 of Chapter 18 of the Azusa Municipal Code entitled
“Longterm occupancies prohibited.” is hereby repealed in its entirety and is of no further force or
effect.
Section 3. Reserved. Section 18-1003 of Chapter 18 of the Azusa Municipal Code is
hereby reserved for future use.
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any reason held to unconstitutional,
such decision shall not affect the validity of the remaining portion of this Ordinance or any part
thereof. The City Council of the City of Azusa hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
Attachment 1
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases
be declared unconstitutional.
Section 5. Signature and Attestation. In accordance with California Government Code
Section 36932, this Ordinance shall be signed by the Mayor of the City of Azusa and attested to
by the City Clerk of the City of Azusa.
Section 6. Publication; Effective Date. In accordance with California Government Code
Section 36933, within fifteen (15) days of the passage of this Ordinance, the City Clerk of the City
of Azusa shall cause this Ordinance to be published, at least once, in a newspaper of general
circulation published and circulated in the City of Azusa, California. This Ordinance shall take
effect thirty (30) days after the date of adoption.
PASSED, APPROVED, AND ADOPTED this __ day of _____, 2021.
___________________________________
Robert Gonzales
Mayor
ATTEST:
________________________________
Jeffery Lawrence Cornejo Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2021-06, was duly introduced and
placed upon first reading at a regular meeting of the Azusa City Council on the 4th day of October,
2021 and that thereafter, said Ordinance No. 2021-__ was duly adopted and passed at a regular
meeting of the Azusa City Council on the __ day of _____, 2021 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
APPROVED AS TO FORM:
__________________________________
City Attorney
Best Best & Krieger LLP