An Ordinance Of The City Of Glendora Repealing And Replacing Sections Of Chapter 5.04 (Licenses) Of Title 5 (Business Licenses And Regulations) Of The Glendora Municipal Code 

The City Council
City of Glendora, California

The City Council Of The City Of Glendora Does Hereby Ordain As Follows:

Section 1.  Section 5.04.090 of the Glendora Municipal Code “Issuance when permit required as prerequisite” is hereby repealed in its entirety.

Section 2.  Section 5.08.050 of the Glendora Municipal Code “Failure to pay – Penalty” is hereby repealed in its entirety and restated as follows: 

For failure to pay any license tax when due, the director of finance shall add a penalty of twenty-five percent of such license tax on the day following the date of delinquency, and a similar penalty one month thereafter. In the event that a license tax is not paid after such penalties have been assessed, a further penalty shall be assessed based upon the actual administrative costs incurred by the city, commencing from the date upon which the final twenty-five percent penalty was imposed. As a result of enforcing the provisions of this chapter, the director of finance shall maintain and keep records of all such administrative costs.

“Section 05.08.050 Failure to pay – Penalty. For failure to pay any license tax when due, the director of finance shall add a penalty of ten (10) percent of such license tax on the day following the date of delinquency, and an additional penalty of ten (10) percent of the original fee shall be added at the close of business of the last day of each calendar month thereafter.  Each penalty shall become part of the license fee required by this article. However, in no case shall the total penalty exceed one hundred (100) percent of the original fee.”

Section 3.  The City Council finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because: (1) it does not constitute a “project” under CEQA Guidelines Section 15378(b)(2) in that it constitutes general policy and procedure making; (2) it does not constitute a “project” under CEQA Guidelines Section 15378(b)(5) in that it has no potential for resulting in physical change to the environment, either directly or indirectly, and (3) in the alternative, it is exempt from CEQA pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), since it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.

Section 4.  Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Section 5.  Certification and Posting. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Government Code § 36933. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 6.  This Ordinance shall take effect 30 days after its adoption.

Passed, Approved and Adopted this 13^th day of December, 2022.

City Council of Glendora, California
BY: GARY BOYER, Mayor 

Approved As To Form:
Aleshire & Wynder, LLP
William W. Wynder, City Attorney

Certification

I, Kathleen R. Sessman, City Clerk/Communications of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 8th day of November, 2022, by the following roll call vote: 

Ayes:          Council Members:        Allawos, Fredendall, Thompson, Boyer and Davis.
Noes:          Council Members:        None.
Absent:       Council Members:        None.
Abstain:     Council Members:        None.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 13^th day of December, 2022, by the following roll call vote:

Ayes:         Council Members:        Allawos, Davis, Fredendall, Thompson, and Boyer.
Noes:         Council Members:        None.
Absent:      Council Members:        None.
Abstain:     Council Members:        None.

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the 22^nd day of December, 2022.