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HomeMy WebLinkAbout767ORDINANCE NO. 767 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING SECTIONS 5.04.050, 5.04.060, 5.04.070, 5.04.210, 5.04.270, 5.04.410, AND 5.04.420 OF CHAPTER 5.04 ("GENERAL REGULATIONS") OF TITLE 5 ("BUSINESS TAXES, LICENSES, AND REGULATIONS") OF THE IRWINDALE MUNICIPAL CODE RELATED TO THE DISPUTE OF BUSINESS TAXES, LICENSES AND REGULATIONS WHEREAS, Chapter 5.04 of Title 5 of the Irwindale Municipal Code ("IMC") defines the general regulations pertaining to business taxes, licenses and regulations within the City; and WHEREAS, within IMC Chapter 5.04, the City Attorney is vested with certain final decision making authority regarding disputes relating to business taxes, licenses, and regulations; and WHEREAS, under Section 705 of the Charter of the City of Irwindale, the City Attorney's duties include, but are not limited to, acting as the legal advisor of the City and its officers, defending the City in all matters in civil litigation, and prosecuting violations of City ordinances; and WHEREAS, the authority granted by IMC Chapter 5.04 exceeds the scope of the City Attorney's duties as set forth in the City Charter; and WHEREAS, the Charter of the City of Irwindale Sections 702 and 703 create the office of the City Manager and provide that the office's duties shall be provided under the IMC; and WHEREAS, under IMC Section 2.08.050, the City Manager's duties include, but are not limited to, enforcing all laws, rules, and regulations of the City, preparing the annual budget and submitting the same to the City Council together with his recommendations, and keeping the City Council at all times fully advised as to the financial condition of the city; and WHEREAS, the City Manager is the administrative head of the City, and is responsible for the operation of all city departments, providing leadership, direction, and guidance, and leading the City's Administration Department, which strives to provide excellent customer service to decision -makers, City departments, employees, businesses and the public, and WHEREAS, the City Manager's office is more appropriately vested with decision making authority regarding business taxes, licenses, and regulations as set forth in Chapter 5.04; and Ordinance No. 767 Page 1 WHEREAS, the City Council now wishes to amend Chapter 5.04 of Title 5 of the IMC to rescind the authority granted to the City Attorney, and vest that authority with the City Manager in order to more closely align with the duties of City officers as set forth in the City Charter and IMC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Irwindale finds the above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Section 5.04.050 ("City Clerk- License collector and custodian of funds") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethrough; new text, if any, is shown in bold & italics): "The city clerk and/or his authorized .^Iep 4� or his or her authorized designee, shall serve as license collector and shall be the custodian of all funds collected thereunder until transferred to the city treasurer. AH references to the City Clerk throughout this chaptershall mean and refer to the City Clerk or his or her authorized designee. All funds collected by the license collector under Chapters 5.04 through 5.16 shall be deposited daily with the city treasurer." SECTION 3. Section 5.04.060 ("City Clerk- Additional Powers") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in c+ril ethre o; new text, if any, is shown in bold & italics): "The city clerk shall have, in addition to all other powers conferred upon him, for good cause shown, the power to extend the time for filing any statement required for a period of not to exceed thirty days, and in such case waive any penalty that would have otherwise accrued, and, with the approval of the council and the written approval of the Gity attorn©y city manager, to compromise any claim for license fee subject to the provisions of Chapters 5.04 through 5.16." SECTION 4. Section 5.04.070 ("Application — Form — Filing") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strkethr-ou h, new text, if any, is shown in bold & italics): "All applications for license shall be in writing upon a form approved by the city attorney and issued by the city clerk. The applicant, in addition, shall submit any further information or evidence in writing as required by the city clerk, or the eity atto ey city manager, or other designated agency of the Ordinance No. 767 Page 2 city. The application shall be verified by the applicant and shall be filed with the city clerk or his or her designee. The city clerk shall send copies of the application to those officers and departments designated in Chapters 5.04 through 5.16, and to any other that may be designated by the city council." SECTION 5. Subsection A of Section 5.04.210 ("License fees — Payable in Advance -- Computation") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in str ikethFougn; new text, if any, is shown in bold & italics): "A. The city council may, upon its own motion, or upon the written charges filed by the city clerk Gr his deputy or the v�� ^rney city manager, give 14 CEC�T T7 notice to any licensee or permittee to appear before the city council at a time and place set for such hearing to show cause, if there may be any, why the license or permit issued to the licensee or permittee shall not be revoked or suspended. The notice shall state the grounds for complaint or reasons for suspension in clear and concise language." SECTION 6. Subsection A of Section 5.04,270 ("License fees — Payable in Advance — Computation") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethm gh; new text, if any, is shown in bold & italics) : "A. All license fees shall be paid in advance to the city clerk in lawful money of the United States. The amount to be paid shall be determined by the city clerk in accordance with the terms and provisions of Chapters 5.04 through 5.16. In case of dispute, the decision of the city attorney city manager as to the amount to be paid pursuant to the provisions of Chapters 5.04 through 5.16 shall be final." SECTION 7. Subsection B of Section 5.04.410 ("Exemptions - Interstate Commerce") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in strikethro gh; new text, if any, is shown in bold & italics)- "& If it appears that the applicant is entitled to such exemption, the city clerk shall forthwith issue a free license. In case of dispute, the decision of the eity a}{�ey city manager is final." SECTION 8. Section 5.04.420 ("Exemptions — Under Other Provisions of State Law") of Chapter 5.04 ("General Regulations") of Title 5 ("Business Taxes, Licenses, and Regulations") of the Irwindale Municipal Code is amended and shall now read as follows (deleted text, if any, is shown in stFike}hro vvhs new text, if any, is shown in bold & italics): Ordinance No. 767 Page 3 "Every person claiming to be entitled to an exemption from payment of any license fee provided for in Chapters 5.04 through 5.16, upon the ground that such license fee is exempt under state law, shall file a verified statement with the city clerk disclosing the character of the business entitling such exemption. The statement shall state the name and location of the company or firm claiming the exemption, the type of business conducted and facts establishing that the person, organization or firm comes within the exemption of state law. Additional information shall be supplied to the city clerk or Gity a#arney city manager, upon request in order to ascertain whether or not the claimant meets the exemption of the state law. In case of dispute, the decision of the Gity attemey city managershall be final." SECTION 9. Severability. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional due to the writs of mandate issued by the Court. SECTION 10. Certification and Effective Date. The City Clerk shall certify as to the passage and adoption of this Ordinance and shall cause the same to be posted at the designated locations in the City of Irwindale. This ordinance shall be in effective on the thirtieth (30th) day after the day of its adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Irwindale this 22nd day of March, 2023. H. Manuel Ortiz, Mayor ATTEST; �,—awvM -xwq� ura . Nieto, MMC hie Deputy City Clerk Ordinance No. 767 Page 4 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE ) 1, Laura M. Nieto, Chief Deputy City Clerk of the City of Irwindale do hereby certify that the foregoing Ordinance No. 767 was introduced forfirst reading at a regular meeting of the City Council of the City of Irwindale held on March 8, 2023, and adopted on second reading at a regular meeting of the City Council of the City of Irwindale held on March 22, 2023, and was carried by the following -roll call vote. - AYES: Councilmembers: Ambriz, Breceda, Burrola, Garcia, Mayor Ortiz NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None La ra M. Nieto, MMC C ief Deputy City Clerk AFFIDAVIT OF POSTING I, Laura M. Nieto, MMC, Chief Deputy City Clerk, certify that I caused a copy of Ordinance No. 767 adopted by the City Council of the City of Irwindale at its regular meeting held March 22, 2023, to be posted at the City Hall, Library, and Post Office on March,?3, 2023. Dated: co' Ira M. Nieto, MMC of Deputy City Clerk Ordinance No. 767 Page 5