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2020 Jul 21 - CC PACKETAGENDA EL SEGUNDO CITY COUNCIL 350 MAIN STREET DUE TO THE COVID-19 EMERGENCY, THIS MEETING WILL BE CONDUCTED PURSUANT TO THE GOVERNOR'S EXECUTIVE ORDER N-29-20. How Can Members of the Public Observe and Provide Public Comments? Residents are strongly encouraged to participate remotely via Spectrum Channel 3 and 22, AT&T U -verse Channel 99 and/or EI Segundo TV at YouTube.com. Members of the Public may provide comments electronically by sending comments to the following e-mail address, with a limit of 150 words and accepted up until 30 minutes prior to the meeting: PUBLICCOMMUNICATIONS@elsegundo.org, in the subject line please state the meeting date and item number. Depending on the volume of communications, the emails will be read to Council during public communications and are subject to disclosure under the Public Records Act. Members of the Public may also provide comments in the designated area in Council Chamber up to and during public communication portion of the meeting. Members of the public must observe "social distancing" requirements at all times, i.e., remain six (6) feet from other attendees during the entirety of the event or gathering. Additional Information: The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please state: Your name and residence and the organization you represent, if desired. Please respect the time limits. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 21, 2020 — 4:00 PM CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL ORDER OF BUSINESS: CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sem.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows.- CONFERENCE ollows: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant Exposure to Litigation (Government Code §54956.9(d)(2)) Initiation of litigation (Government Code §54956.9(d)(4)) THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957(a)) Consultation with: City Manager Scott Mitnick, Fire Chief Chris Donovan, Police Chief Bill Whalen and City Attorney Mark Hensley. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matters City Manager Performance Review K E AGENDA EL SEGUNDO CITY COUNCIL 350 MAIN STREET DUE TO THE COVID-19 EMERGENCY, THIS MEETING WILL BE CONDUCTED PURSUANT TO THE GOVERNOR'S EXECUTIVE ORDER N-29-20. How Can Members of the Public Observe and Provide Public Comments? Residents are strongly encouraged to participate remotely via Spectrum Channel 3 and 22, AT&T U -verse Channel 99 and/or EI Segundo TV at YouTube.com. Members of the Public may provide comments electronically by sending comments to the following e-mail address, with a limit of 150 words and accepted up until 30 minutes prior to the meeting: PUBLICCOMMUNICATIONS@elsegundo.org, in the subject line please state the meeting date and item number. Depending on the volume of communications, the emails will be read to Council during public communications and are subject to disclosure under the Public Records Act. Members of the Public may also provide comments in the designated area in Council Chamber up to and during public communication portion of the meeting. Members of the public must observe "social distancing" requirements at all times, i.e., remain six (6) feet from other attendees during the entirety of the event or gathering. ***For Public Hearings only*** written communication will be accepted both before the meeting and during the open period of the Public Hearing at PUBLICCOMMUNICATIONS@eisegundo.org. Additional Information The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Any writings or documents given to a majority of the City Council regarding any matter on this agenda that the City received after issuing the agenda packet are available for public inspection in the City Clerk's office during normal business hours. Such Documents may also be posted on the City's website at www.elsegundo.org and additional copies will be available at the City Council meeting. Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please state: Your name and residence, and the organization you represent if desired. Please respect the time limits. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 21, 2020 - 6:00 P.M. CALL TO ORDER INVOCATION — Tracy Weaver, City Clerk PLEDGE OF ALLEGIANCE — Council Member Pirsztuk ;l 3 ROLL CALL PUBLIC COMMUNICATIONS — (Related to City_Busine_ssOnly — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer; must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. CITY MANAGER FOLLOW-UP COMMENTS — (Related to Public Communications SPECIAL PRESENTATIONS: a) Chris Donovan, Fire Chief, COVID-19 update. b) Proclamation — July as Park and Recreation Month A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. CONSENT CALENDAR Approve Special City Council Meeting Minutes of June 11, 2020 and Regular and Special City Council Meeting Minutes of June 16, 2020. 2. Approve warrant numbers 3031611 through 3031712 on Register No. 18a in the total amount of $475,290.21 and wire transfers from 6/08/20 through 6/14/20 in the total amount of $689,084.23, warrant numbers 3031713 through 3031808 and 9001508 through 9001509 on Register No. 18b in the total amount of $447,404.77 and wire transfers from 6/15/20 through 6/21/20 in the total amount of $387,576.70, warrant numbers 3031809 through 3031888 and 9001510 through 9001510 on Register No. 18c in the total amount of $262,552.69 and wire transfers from 6/22/20 through 6/28/20 in the total amount of $93,453.35, warrant numbers 3031889 through 3031966 and 9001511 through 9001552 on Register No. 19a in the total amount of $302,325.08 and wire transfers from 6/29/20 through 7/05/20 in the total amount of $584,986.41. 3. Ratify two amendments (#4878D and #4878E) to an agreement with Vital Medical Services executed by City Manager, serving as Director of Emergency Services, during the COVID-19 local emergency to continue to provide professional screening services to Park Vista residents (615 E Holly Avenue). CI n 4. Adopt a Resolution approving a General Services Agreement between City of EI Segundo and County of Los 'Angeles dated July 1, 2020, and ratifying City Manager's execution of agreement, and requesting County Board of Supervisors extend term of agreement an additional five (5) years. 5. Authorize EI Segundo Fire Department to declare the 1993 Pierce Lance triple combination pumper fire engine as a surplus vehicle, authorize donation of fire engine to EI Camino Fire Academy and authorize City Manager to draft an agreement releasing title and all liability to accompany donation. 6. Authorize amendment to Agreement No. 5832 by and between City of EI Segundo and Debra Reilly, a Professional Law Corporation, dba Reilly Workplace Investigations, increasing amount of agreement by an additional $12,008.88. 7. Waive second reading and adopt Ordinance No. 1614 for Zone Text Amendment No. ZTA 17-01 and Environmental Assessment No. EA -1180, including Administrative Guidelines as required by Ordinance No. 1614, establishing a Short -Term Home Sharing Rental Permit Pilot Program to allow and regulate home sharing in the City's residential zoning districts. C. PUBLIC HEARINGS D. STAFF PRESENTATIONS 8. Authorize establishment of a new Diversity, Equity, and Inclusion Committee, approve implementation recommendations and add to City's Local Appointment List pursuant to the California Government Code § 54972. E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS: F. REPORTS — CITY CLERK G. REPORTS —CITY TREASURER H. REPORTS — COUNCILMEMBERS Council Member Giroux — Council Member Nicol - Council Member Pirsztuk - Mayor Pro Tem Pimentel — Mayor Boyles — �1 6i I. REPORTS — CITY ATTORNEY J. REPORTS/FOLLOW-UP — CITY MANAGER CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) MEMORIAL — ADJOURNMENT POSTED: DATE: July 16, 2020 TIME: 10:45AM BY: Tracy Weaver A C: SPECIAL PRESENTATION COVID-19 UPDATE — Chris Donovan, Fire Chief rortamatt"011 Citp of (9l 6egunbo, California WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the City of El Segundo; and WHEREAS, our parks and recreation programs are vitally important to establishing and maintaining the quality of life in our community, ensuring the health of all citizens, and contributing to the economic and environmental well-being of the community and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, including the provision of frontline support services in the battle against the COVID-19 pandemic, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community's economic prosperity through increased property values, expansion of local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks and recreation areas are fundamental to the environmental well-being of our community, improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS, our park and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the El Segundo Recreation and Parks Department strives to engage and inspire through our guiding core values of Community, Diversity, Fun, Innovation, Integrity, Quality, Teamwork and Tradition; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS, the City of El Segundo recognizes the benefits derived from parks and recreation resources. NOW, THEREFORE, on this 21st day of July, 2020, the Mayor and the Members the City Council of the City of El Segundo, California hereby proclaims the month of July 2020 as Parks and Recreation Month in the City of El Segundo. .S PAIp.t El Segundo P 2 JULY a R EyC & PARKS X rti 2020 em OW N0 1 d� Mayor brew Boyles Mayor Ito Tem Chris Timentef Council Member CaroC(Pirsztuk Counci(MemberScot Nicol Counci(9YemberLance Giroux 8 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL THURSDAY, JUNE 11, 2020 — 5:00 PM Meeting was held in the EOC in order for all Council to be present and social distance. CALL TO ORDER — by Mayor Boyles at 5:00 PM ROLL CALL Mayor Boyles - Present Mayor Pro Tem Pimentel - Present Council Member Pirsztuk - Present Council Member Nicol - Present Council Member Giroux - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None SPECIAL ORDER OF BUSINESS: Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows.- CONFERENCE ollows: CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED L)TIGATION Significant Exposure to Litigation (Government Code §54956.9(d)(2)) Initiation of litigation (Government Code §54956.9(d)(4)) THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957(a)) Consultation with: City Manager, Scott Mitnick, Fire Chief, Chris Donovan, Police Chief, Bill Whalen and City Attorney, Mark Hensley. ADJOURNMENT at 8:15 PM Tracy Weaver, City Clerk SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 16, 2020 - 6:00 P.M. (Will run simultaneously with Regular Open Session) This meeting was conducted virtually via Zoom conferencing CALL TO ORDER — Virtually by Mayor Boyles at 6:02 PM INVOCATION — Tracy Weaver, City Clerk PLEDGE OF ALLEGIANCE — Council Member Nicol ROLL CALL Mayor Boyles - Present via teleconferencing Mayor Pro Tem Pimentel _ Present via teleconferencing Council Member Pirsztuk - Present via teleconferencing Council Member Nicol - Present via teleconferencing Council Member Giroux - Present via teleconferencing PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Tracy Weaver, City Clerk, read email comments into the record received prior to the meeting due to Safer at Home restrictions. There were a few residents who spoke in the Council Chamber. Chamber speakers: Elias Garcia, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Keith Puckett, resident, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Samera Eusufzai, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Amanda Touchton, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Robin Miskolcze, resident, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). John Pickhaver, resident, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Mona Eisman, resident, commented on item #8, Home Share Rental Pilot Program. City Clerk Weaver read the following emails into the record Lee Davis, resident, commented on item #D9 regarding the Urho Saari Swim Stadium. Bob Turnbull, resident, commented on "Law Enforcement Code of Ethics" in regards to Police Chief Whalen. Victoria Romley, Mindy Labayen, Griffin Troy, Sarah Townsend, Natacha Lee, Marc Cavagnolo, Paula Lee, Robyn Ringuette, Holly Crawford, Kellie Sims, Nicole Reynoso, Irene Pacheco, Cathy Deppe, Alexandria Seelye, Ginette Davis, Erin Workman, Ben Watkins, Anya Goldstein, Seth Martin, Jan & William Zoochie and Kandi Ali -Watkins, residents and MINUTES OF THE SPECIAL COUNCIL MEETING JUNE 16, 2020 Page 1 ire. members of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). These letters were received, but not read aloud during Public Communication. Letters have been posted to the Website. Del Aire Neighborhood Association, Eileen Salmas, Matthew Riley, and Aidan Cessor, Hawthorne residents, urging Council to support the Greenway on Aviation Blvd. and asked the City of EI Segundo to procure a Letter of Neutrality signed by BNSF. CITY MANAGER FOLLOW-UP COMMENTS — (Reiated to Public Communications Both City Manager and Council discussed letters received and read into the record. A. STAFF PRESENTATIONS Citizens Protests Update City Manager Scott Mitnick & Police Chief Bill Whalen a) Receive update on "State of Emergency" Proclamation and Administrative Order No. 2020-1 to address "Civil Unrest." b) Receive update on State of California & LA County Emergency Orders C) Receive update on citizen protests d) Receive update from Police Chief Scott Mitnick, City Manager and Bill Whalen, Police Chief reported and answered Council's questions on the item. Council discussion. Receive and file the reports. 2. Establish Diversity, Equity, & Inclusion Commission City Manager Scott Mitnick Scott Mitnick, City Manager, introduced, reported and answered questions on the item. Council discussion • Move quickly to allocate funds and proper resources and attention the commission will need. • Once the Commission identifies and is ready with strategic outcomes, not tactical, dovetail into the Strategic Plan and not wait until fall 2021. • Move quickly on advertising for the Commission and set up interviews with Council. MOTION by Mayor Boyles, SECONDED by Council Member Giroux to establish a Diversity, Equity and Inclusion Commission. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE SPECIAL COUNCIL MEETING JUNE 16, 2020 Page 2 11 3. COVID-19 Update City Manager Scott Mitnick & Fire Chief Chris Donovan a) Receive update on "State of Emergency" Proclamation and Administrative Orders to address "COVID-19." b) Receive update on State of California & LA County Emergency Orders. C) Receive update on re -opening of local businesses and City facilities and services. d) Receive update on All Hazards Incident Management Team (AHIMT) effort and next steps. Scot Mitnick, City Manager, Chris Donovan, Fire Chief, Meredith Petit, Recreation and Parks Director and Barbara Voss, Deputy City Manager, reported and answered Council's questions on the item. B. CONSENT CALENDAR 1. Resolution authorizing City Manager to provide written notice of intent to withdraw membership from Independent Cities Risk Management Authority (ICRMA) Pulled by Mayor Pro Tem Pimentel for discussion Scott Mitnick, City Manager, introduced the item. Joe Lillio, Finance Director, reported and answered Council's questions on the item. Council Discussion MOTION by Mayor Pro Tem Pimentel, SECONDED by Council Member Pirsztuk adopting Resolution No. 5221. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Continued to Regular Council Meeting agenda. ADJOURNMENT at 8:36 PM Tracy Weaver, City Clerk MINUTES OF THE SPECIAL COUNCIL MEETING JUNE 16, 2020 Page 3 12 MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 16, 2020 — 4:00 PM This meeting was conducted virtually via Zoom conferencing CALL TO ORDER — Virtually by Mayor Boyles at 4:03PM ROLL CALL Mayor Boyles - Present via teleconferencing Mayor Pro Tem Pimentel - Present via teleconferencing Council Member Pirsztuk - Present via teleconferencing Council Member Nicol - Present via teleconferencing Council Member Giroux - Present via teleconferencing PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) None SPECIAL ORDER OF BUSINESS: Mayor Boyles announced that Council would be meeting in closed session pursuant to the items listed on the Agenda. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Government Code §54956.9(d)(1). CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant Exposure to Litigation (Government Code §54956.9(d)(2)) Initiation of litigation (Government Code §54956.9(d)(4)) THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code § 54957(a)) Consultation with: City Manager Scott Mitnick, Fire Chief Chris Donovan, Police Chief Bill Whalen and City Attorney Mark Hensley. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -6- matters MINUTES OF THE REGULAR COUNCIL MEETING JUNE 16, 2020 Page 1 13 Employee Organizations: Police Management Association; Police Support Services Employees Association; Supervisory, Professional Employees Association; Fire Fighters Association; City Employee Association; and Executive and Management/Confidential Employees (unrepresented groups). Agency Designated Representative: Irma Moisa Rodriquez, City Manager Scott Mitnick, Human Resources Director David Serrano and Director of Finance Joseph Lillio. Adjourned at 5:55 PM MINUTES OF THE REGULAR COUNCIL MEETING JUNE 16, 2020 Page 2 14 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 16, 2020 - 6:00 P.M. This meeting was conducted virtually via Zoom conferencing CALL TO ORDER — Virtually by Mayor Boyles at 6:02 PM INVOCATION — Tracy Weaver, City Clerk PLEDGE OF ALLEGIANCE — Council Member Nicol ROLL CALL Mayor Boyles - Present via teleconferencing Mayor Pro Tem Pimentel - Present via teleconferencing Council Member Pirsztuk - Present via teleconferencing Council Member Nicol - Present via teleconferencing Council Member Giroux - Present via teleconferencing PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Tracy Weaver, City Clerk, read email comments into the record received prior to the meeting due to Safer at Home restrictions. There were a few residents who spoke in the Council Chamber. Chamber speakers: Elias Garcia, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Keith Puckett, resident, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Samera Eusufzai, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Amanda Touchton, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Robin Miskolcze, resident, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). John Pickhaver, resident, resident and member of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). Mona Eisman, resident, commented on item #8, Home Share Rental Pilot Program. City Clerk Weaver read the following emails into the record Lee Davis, resident, commented on item #D9 regarding the Urho Saari Swim Stadium. Bob Turnbull, resident, commented on "Law Enforcement Code of Ethics" in regards to Police Chief Whalen. Victoria Romley, Mindy Labayen, Griffin Troy, Sarah Townsend, Natacha Lee, Marc Cavagnolo, Paula Lee, Robyn Ringuette, Holly Crawford, Kellie Sims, Nicole Reynoso, Irene Pacheco, Cathy Deppe, Alexandria Seelye, Ginette Davis, Erin Workman, Ben Watkins, Anya Goldstein, Seth Martin, Jan & William Zoochie and Kandi Ali -Watkins, residents and members of EI Segundo for Black Lives, commented on items #1 & 2 of the Special Agenda. (Black Lives Matter movement). MINUTES OF THE REGULAR COUNCIL MEETING JUNE 16, 2020 Page 3 15 Del Aire Neighborhood Association, Eileen Salmas, Matthew Riley, and Aidan Cessor, Hawthorne residents, urging Council to support the Greenway on Aviation Blvd. and asked the City of EI Segundo to procure a Letter of Neutrality signed by BNSF. These letters were received, but not read aloud during Public Communication. Letters have been posted to the Website. CITY MANAGER FOLLOW-UP COMMENTS — (Related to Public Communications Both City Manager and Council discussed letters received and read into the record. SPECIAL PRESENTATIONS: (Moved to Special Agenda) a) Bill Whalen, Police Chief, Citizens Protest Update b) Chris Donovan, Fire Chief, COVID-19 update. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Giroux, SECONDED by Council Member Pirsztuk to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. CONSENT CALENDAR Approve Regular City Council Meeting Minutes of June 2, 2020 Closed Session, June 2 Regular Open Session — Adjourned/Continued to June 3, 2020 and Special Regular Open Session Adjourned/Continued to June 3, 2020 2. Approve Warrant Numbers 3031486 through 3031553 on Register No. 17a in the total amount of $424,952.57 and Wire Transfers from 5/25/20 through 5/31/20 in the total amount of $50,711.36. Approve Warrant Numbers 3031554 through 3031610 and 9001465 through 9001507 on Register No. 17b in the total amount of $584,182.86 and Wire Transfers from 6/01/20 through 6/07/20 in the total amount of $651,970.52. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 3. Adopt Resolution No. 5222 approving Plans and Specifications for FY 19- 20 Pavement Rehabilitation Project on E. Pine Ave. from Arena St. to Center St., and E. Imperial Ave. from McCarthy Ct. to California St., Project No. PW 20-01. Adopt a Resolution 5223 identifying which project will be funded with SB -1, "Road Repair and Accountability Act" funds for Fiscal Year 2020/21. (Fiscal Impact: $400,000.00 — included in Adopted Budget) MINUTES OF THE REGULAR COUNCIL MEETING JUNE 16, 2020 Page 4 16 4. Adopt Resolution No. 5220 appointing Director of Finance Joseph Lillio and City Council Members Scot Nicol and Carol Pirsztuk to serve as board member and alternate board members respectively, on the Independent Cities Risk Management Association (ICRMA) governing board. (Fiscal Impact: None) 5. Adopt Ordinance No. 1618 adding a new Chapter 9 to Title 9 of EI Segundo Municipal Code to establish comprehensive regulations, standards, and permit requirements for installation of wireless communication facilities in public right-of-ways and related Environmental Assessment (EA -1189). (Fiscal Impact: None) (The ordinance is not a "project" within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, because it has no potential for resulting in physical change to the environment, directly or indirectly). 6. Receive and file Second Quarter FY 2019-20 Strategic Work Plan Update. (Fiscal Impact: None) 7. PULLED BY COUNCIL MEMBER GIROUX MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Pimentel, approving Consent Agenda items 1, 2, 3, 4, 5, and 6. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED ITEMS: 7. Authorization to initiate a Request for Qualifications (RFQ) from service providers that develop and manage affordable housing units. (Fiscal Impact: No impact to General Fund - $5.3 million from Affordable Housing In -Lieu Fund) Scott Mitnick, City Manager, answered Council questions and clarified the item. Council Discussion MOTION by Council Member Giroux, SECONDED by Council Member Pimentel, authorizing the initiation of a RFQ. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. PUBLIC HEARINGS — Mayor Pro Tem Pimentel was placed in the Zoom Waiting Room due to a possible conflict of interest. MINUTES OF THE REGULAR COUNCIL MEETING JUNE 16, 2020 Page 5 17 8. Conduct a public hearing, introduce by title only and waive further reading of an Ordinance establishing a Short-term Home Sharing Rental Permit Pilot Program to allow and regulate home sharing in the City's residential zoning districts which will run from September 1, 2020, through December 31, 2021. (Fiscal Impact: Potential General Fund -Revenue ranging $45,000.00 to $75,000.00, with between $9,000.00 to $15,000.00 from permits and business licenses and between $36,000.00 and $60,000.00 from Transient Occupancy Taxes (TOT). Revenues may off -set a portion of staff time and consultant cost for an outside monitoring company involved with processing and monitoring applications. (The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Class 1 (Existing Facilities) (14 Cal. Code Regs. § 15301), because it involves creating a regulatory process for the permitting and licensing of existing private uses and results in a negligible expansion of uses beyond what already exists in the residential zoning districts). Mayor Boyles stated this was the time and place to conduct a Public Hearing regarding introduction of an Ordinance establishing a Short-term Home Sharing Rental Permit Pilot Program to allow and regulate home sharing in the City's residential zoning districts which will run from September 1, 2020, through December 31, 2021. City Clerk Weaver stated that proper notice had been given in a timely manner and that written communication had been received in the City Clerk's office. Sam Lee, Planning, Building and Safety Director, gave a presentation and answered questions on the item. Gregg McClain, Planning Manager, answered Council questions. Public Comments: Tracy Weaver, City Clerk, read email comments into the record due to Safer at Home restrictions. Unknown resident, in favor of Short-term rentals (whole homes). Elaine Hopkins, resident, in favor of Short-term rentals (whole homes). Mona Eisman, resident, in favor of the proposed Short-term Home Sharing Pilot Program (Rooms only, not whole houses). MOTION by Council Member Nicol, SECONDED by Council Member Giroux to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 Council Discussion MINUTES OF THE REGULAR COUNCIL MEETING JUNE 16, 2020 Page 6 18 The following changes were made to the Ordinance: 4-15-7: CONDITONS OF PERMIT ISSUANCE AND OPERATIONAL CONDITIONS B: Home sharing in the R-2 Zone: New language: Home sharing is permitted in the residential unit that is the primary residence of the property owner. C: Home sharing in the R-3 Zone: New language: Home sharing is permitted in the residential unit that is the primary residence of the property owner. Mark Hensley, City Attorney, read by title only: (note the changes above) ORDINANCE NO. 1614 AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING TITLE 4 (BUSINESS REGULATIONS AND LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING A NEW CHAPTER ESTABLISHING REGULATIONS FOR SHORT-TERM HOME SHARING RENTALS, AND AMENDING TITLE 15 (ZONING REGULATIONS) ALLOWING SHORT-TERM HOME SHARING IN THE CITY'S RESIDENTIAL ZONES THROUGH A SHORT-TERM HOME SHARING PERMIT PILOT PROGRAM. Council Member Nicol introduced the item. The second reading and possible adoption of Ordinance No. 1614 is scheduled for July 21, 2020. Mayor Pro Tem Pimentel returned to the meeting from the Zoom Waiting Room. D. STAFF PRESENTATIONS 9. Authorize City Manager to execute a Professional Services Agreement with Mithun, Inc. for $130,000.00 to provide a site analysis, needs assessment, community engagement, schematic/concept design and final recommendations for the Urho Saari Swim Stadium (219 West Mariposa Avenue). (Fiscal Impact: $130,000.00) Scott Mitnick, City Manager, introduced the item. Meredith Petit, Recreation and Parks Director and Mark Watkins, interim Public Works Director, gave a presentation and answered Council questions. Council discussion MOTION by Council Member Pirsztuk, SECONDED by Mayor Pro Tem Pimentel authorizing the City Manager to execute Professional Services Agreement No. 5932 with Mithun, Inc. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 E. COMMITTEES, COMMISSIONS AND BOARDS PRESENTATIONS — None MINUTES OF THE REGULAR COUNCIL MEETING JUNE 16, 2020 Page 7 19 F. REPORTS — CITY CLERK — Passed G. REPORTS — CITY TREASURER — Not Present H. REPORTS — COUNCILMEMBERS — Council Member Giroux — Passed Council Member Nicol — Thanked staff for all they do, recently we have had one emergency after another and commended the staff for their efforts during this time and thanked the Community for being respectful to each other and each other's individual choices. Council Member Pirsztuk — Kindness is important and respect each other's views. Gave a shout out to all those who graduated! Reminded the residents to complete their Census. Mayor Pro Tem Pimentel — Regional developments regarding HWY 105, let residents know that they would be receiving emails regarding the HOV lane and the 105 freeway for input concerning the possible changes. Also mentioned the Nash Street extension is moving ahead. Mayor Boyles — Mentioned each Council Member serves on various Commissions, Committees and/or Boards and that Council has made a commitment to report back to each other and the community. REPORTS — CITY ATTORNEY - Passed J. REPORTS/FOLLOW-UP — CITY MANAGER — Thanked Council for the recognition of staff and thanked Council for their responsiveness. Although dark in July and half of August, there will be a Special meeting on July 22, 2020 regarding the budget. MEMORIAL — None ADJOURNED at 8:36 PM Tracy Weaver, City Clerk MINUTES OF THE REGULAR COUNCIL MEETING JUNE 16, 2020 Page 8 20 N CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND 3031611 - 3031712 001 GENERAL FUND 426,099.69 104 TRAFFIC SAFETYFUND - IN STATEGASTAI(FUND - 108 ASSOCIATED RECREATION ACTIVITIES FUND - 109 ASSETFORFEITURE FUND 6,771.42 110 MEASURE R - III COMM. DEVEL. SLOCKORANT - 112 PROP"A'TRANSPORTATION - 114 PROP"C•' TRANSPORTATION - 115 AIR QUALITY INVESTMENT PROGRAM - 116 HOME SOUND INSTALLATION FUND - 117 HYPERION MITIGATION FUND - 11e TDAARTICLE 3- SB 821 SIKEWAY FUND - 11e MTA GRANT 121 FEMA 120 C O.p 3 FUND - 122 LAW A- FUND - 123 PSAF PROPERTY TAX PUBLIC SAFETY - 124 FEDERAL GIANTS - 125 STATE GRANT 9,913,46 126 AtP COPA PROGRAM OVERSIGHT SURCHARGE - 129 CERTIFIED ACCESS SPECIALIST PROGRAMS 202 ASSESSMENT DISTRICT 073 - 301 CAPITAL IMPROVEMENT FUND 14,720,00 302 INFRASTRUCTURE REPLACEMENT FUND - 40S FACILITIES MAINTENANCE - 601 WATERy;T,L,TY F(I;::1 7,9$297 502 WASTEWATER FUND 4.661.59 S03 GOLF COURSE FUND 2,160.00 504 PARKVISTA 505 SOLID WASTE - 6O7 EQUIPMENT REPLACEMENT 602 UABILTTY INSURANCE 803 WORKERS COMP RE5ERVE(INSURANCE - 701 RETgiE7EMP INSURANCE 702 EXPENDABLE TRUST FUND -DEVELOPER FEES 310.89 703 EXPENOASLE TRUST FUND -OTHER 500-00 706 Ours a;i: s', iC..La r;nus: . 70TAL WARRANTS S 475.290.21 STATE OF CALIFORNIA COUNTY OF LOS ANGELES M1mmg1®n an aduE3 eq=ddures $ available in the Okeclor of F'inance's Office In the City of EI Segundo. I certify as to, the accu;M of the Demands and the availability of fund for payment lha L For Approval: Regular checks held for City eaund authodiallon t0 release. CODES: R s Contimer generated checks for all nonrmergenglurgenty paymams for materials, suppees and services In suppon of CAy Operations For RaiOufiom A, Payroll and Employee BenaOl checks S - F - CoffIgMar generated Ealy Release dabasements anon adjeelmeMs approved by The City Manager. Such as: payments for uli ty servkes. petly cash and employes in" expanse reimbursements, various refunds, cerMad employee services consistent vMh current Conlraelmal nyrs v me r. L5. tralahcea rrsnae prompt paymeot docounh un be et:lalned ce We payment penalties Can x avaideo of vrhln a VtVaLon adses that The City Manager appravEs- 1± = V FMaMAIen lrany Relyrse asbun mn eg1n s at& adfullw s smovad by Uro Gilt' Manager. FINANCE DIRECTOR `7 —_+rjJe.W71(. CITY MANAGER GATE: GATE: Ili DATE OF APPROVAL: AS OF 07107/20 VOID CHECKS DILE TO ALIGNMENT: NIA VOID CtIIECKS DUE TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: NOTES r r ,r 4 C-�,,tzo) REGISTER R tea CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6108120 THROUGH 6114120 MR Payee Description 6/10/2020 Cal Pers 561,219.21 EFT Health Insurance Payment 6/11/2020 Manufacturers & Traders 60,304.23 457 payment Vantagepoint 6/11/2020 Manufacturers & Traders 942.31 401(a) payment Vantagepoint 6/11/2020 Manufacturers & Traders 550.00 IRA payment Vantagepoint 06101120-06107/20 Workers Comp Activity 16,521.12 SCRMA checks issued 06/01120-06/07120 Liability Trust - Claims 45,528.00 Claim checks issued 06101/20-06/07/20 Retiree Health Insurance 0.00 Health Reirnbursment checks Issued 06/01120-06107/20 Flexible Spending Account 4,019.36 Employee Health and DCA card charges DATE OF RATIFICATION: 6119120 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: 689,084.23 ell I ,� � �q ge sty City Treasuref II Date / 7;n1) rpW M prpl, Wa Jos h Lillio 6/19/2020 DiAtor f Finance 7 Date Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo. PACitg TreasuradWire Transfem Wire Transfers 10-01-19 to 9-30-20 689,084.23 6/19/2020 111 22 3031713 - 3031808 9001508 - 9001509 001 GENERALFUND 104 TRAFFIC SAFETY FUND IDS STATE GAS TAX FUND 106 ASSOCIATED RECREA71ON ACTIVITIES FUND 100 ASSET FORFEITURE FUND 110 MEASURE 111 COMM DEVEL BLOCK GRANT 112 PROP"N'TRANSPORTATION 114 PROP "C" TRANSPORTATION 115 AIR QUALITY INVESTMENT PROGRAM 116 HOME SOUND INSTALLATION FUND 117 HYPERION MITIGATION FUND 118 TDAARTI;LE 3- 50 821 BIKEWAY FUND 119 MTA GRANT 121 FEMA 120 COPS.FUND 122 LA W.A FUND 123 PSAF PROPERTY TAX PUBLIC SAFETY 124 FEDERAL GRANTS 125 STATE GRANT 126 MP COPA PROGRAM OVERSIGHT SURCHARGE 129 CERTIFIED ACCESS SPECIALIST PROGRAMS 202 ASSESSMENT DISTRICT 073 301 CAPITAL IMPROVEMENT FUND 302 INFRASTRUCTURE REPLACEMENT FUND 405 FACILITIES MAINTENANCE 501 WATER UTILITY FUND 502 WASTEWATER FUND 503 GOLF COURSE FUND 604 PARK VISTA 505 SOLID WASTE 601 EQUIPMENT REPLACEMENT 602 LIA01UTYiNSURANCE 603 WORKERS COMP. RESERVEINSURANCE 701 RETIRED EMP. INSURANCE 702 EXPENDABLE TRUST FUND -DEVELOPER FEES 703 EXPENDABLE TRUST FUND -OTHER 708 OUTSIDE SERVICES TRUST TOTAL WARRANTS STATE OF CALIFORNIA COUNTY OF LOS ANGELES Inlomlaldn on actual expenditures Is available in the Director of Finarlce's office in His City of El Segundo. I cerlily as to the accuracy of the Demands and ft availl"y of fwd for payment thereof. For Approval Regular checks held for City wuntil 80110riz41i0n to 108Ma. CODES: CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND GATE OF APPROVAL: 260,606.17 63.53 61,79S75 60.503.n 3,648 SS 4,147.34 34.018.15 35.23 6956 2.000.00 SS 4.7,404 7777 ✓ R= CorMuler generated checks for all nen-emesgencyhogeney paymends for materials, supplies and services In support of City Operations For Ratification' A= Payroll and Employee Barefd dicks AS OF 9!0720 REGISTER a lee VOffi CHECKS DUE TO ALIGNMENT: WA VOID CHECKS DUE TO INCORRECT CHECK DATE V093 CHECKS DUE TO COMPUTER SOFTWARE ERROR: S - F - Compsder generated Early Release dislwrsemerlts and/or ar$uslmems approved by the City Manager. Such as: paymerla for Ulyhy services. pelly cash and errglloyae travel expense NOTES neLmhmsarn C.i. Y-dw5 reWnds. CanIrml Emptayee s4 lei ,;aml Slant earth cuaem CDMre cflrai r IgnM merles. Inst -ares whefe prompt payment discouNs can be 4elamed or we paymnk Penalties Can be iwomM n: Own a Sevnim wiles Ihat UIO Cdy Ltaf ort appmos, 11 = HanAmllm Carty Rwelm 441two emerms arww U01( nerds opptoved ey the Cily Manager. FINANCE DIRECTORG1Ty MINA l (\yyq OATS= DATE: (46f �.JI►� N W CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6115120 THROUGH 6121/20 DatePAVES aeseri tion 6/15/2020 IRS 265,715.07 Federal 941 Deposit 6/15/2020 Employment Development 4,629.00 State SDI payment 6/15/2020 Employment Development 57,918.39 State PIT Withholding 6/19/2020 State of CA EFT 1,181.97 EFT Child support payment 6/18/2020 Lane Donovan Golf Ptr 18,685.11 Payroll Transfer 06/08/20-06114120 Workers Comp Activity 24,017.05 SCRMA checks issued 06/08/20-06/14/20 Liability Trust - Claims 15,000.00 Claim checks issued 06/08/20-06/14/20 Retiree Health Insurance 0.00 Health Reimbursment checks issued 06/08120-06/14120 Flexible Spending Account 430.11 Employee Health and DCA card charges 387,576.70 DATE OF RATIFICATION: 6119/20 TOTAL PAYMENTS BY WIRE: 387,576.70 Certified as to the accuracy of the wire transfers by: Deputy City Treasur r II Date Date DA Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo. P:1City TreasurerlWire TransferslWire Transfers 10.01-19 to 9-30-20 6/19/2020 ]/`! N U1 3031809 9001510 3031888 9001510 001 1D4 106 106 1D9 11D 111 112 114 115 116 117 118 119 121 120 122 123 124 125 126 12a 129 2D2 301 302 405 sot 502 50:1 504 505 601 602 603 701 702 703 700 GENERAL FUND TRAFFIC SAFETY FU.YD STATE GAS TAX FUND ASSOCIATED RECREATION ACTIVITIES FUND ASSET FORFEMA1 FUND MEASURER COMAE DEVEL BLOCK GIANT PROP 7:' TRANSPORTATIOR PROP'C'TRANSPORTATiON AIR OVAUTY INVESTMENT PROGRAM ROME SOUND INSTALLATION FUND HYPERION MITIGATION FUND TOA ARTICLE 3- SB 021 BIKEWAY FUND MTAGRANT FEMA GO P.S FUND L AW.A FUND PSAF PROPERTY TAX PUBLIC SAFETY FEDERAL GRANTS STATE GRANT NP CUPA PROGRAM OVERSIGHT SURCHARGE SB 1 EXPENDITURES CERTIFIED ACCESS SPECIALIST PROGRAMS ASSESSMENT DISTRICT e73 CAPITAL IRPROVEMENT FUND INFRASTRUCTURE REPLACEMENT FUND FACILITIES MAINTENANCE WATER UTILITY FUND WASTEWATER FUND GOLF COURSE FUND PARK VISTA SOUD WASTE EQUIPMENT REPLACEMENT LIABILITY INSURANCE WORKERS COMP. RESERVEIINSURANCE RETIRED EMP INSURANCE EXPENDABLE TRUST FUND -DEVELOPER FEES EXPENDABLE TRUST FUND -OTHER OUTSIDE SERVICES TRUST TOTAL WARRANTS STATE OF CALIFORNIA COUNTY OF LOS ANGELES Information on actual expenditures is available in the Director of Finance's office In the City o1 EI Segundo. I certify as to the accuracy of the Demands and the avaitaWily of fund for payment thereof. For Approval: Regular checks bald for City council auDror'balion W release. CODES: R= Computer generated checks for all non-emergenq/urgency payments for materials, supplies and services in support of CityOperatirnn Far Ratification: A= PaVw-1 WCP F MrAoyre Benet-t rP e C kt 236,102.85 4.740.56 95844 1.499.00 4,061.3fi 1,008.00 3.326.00 4.454.'17 2.238 51 138.00 350 OD CITE' OF EL SEGUNDO WARRANTS TOTALS BY FUND DATE OF APPROVAL AS OF 07107120 REGISTER Y 16e VOID CHECKS DUE TO AUIGNMENT: NIA VOID CHECKS OM TO INCORRECT CHECK DATE: VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR: .S -F= Computer generated Farcy Release disbumema>Is enldfor adp stmards approved by the City Manager. Such as: Payments for utility services. Polly cash and empbyee travel expense r:O1Es retmborsemenKs, various refunds, cnrdracl employee services consislent K191 current contractual agreements. instances where prompt Payment discounts can be OWatned or tate payment penallles H= �wn ha avoided or where a situation arises that the City Manager approves. lian:f�nnrn Ezr ROM It" V bWsam .l:anu:ar aYlt�lrnc n i s approved by the City Manager. //1 FIN E- ' DIRECTOR CRY M DA.1� ANAGER C.V / s►'�� DATE DATE: W V qr 00 go 1-- ��V CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6122120 THROUGH 6128120 Date Payee Description 6/22/2020 Employment Development 2,831.07 State SDI payment 6/22/2020 Employment Development 1,129.37 State PIT Withholding 6/25/2020 Manufacturers & Traders 69,346.98 457 payment Vantagepoint 6/25/2020 Manufacturers & Traders 942.31 401(a) payment Vantagepoint 6/25/2020 Manufacturers & Traders 550.00 IRA payment Vantagepoint 6/26/2020 State of CA EFT 1,579.59 EFT Child support payment 06115/20-06/21/20 Workers Comp Activity 15,976.62 SCRMA checks issued 06/15120-06121120 Liability Trust - Claims 0.00 Claim checks issued 06115/20-06/21/20 Retiree Health Insurance 0.00 Health Reimbursment checks issued 06/15/20-06/21120 Flexible Spending Account 1,097.41 Employee Health and DCA card charges DATE OF RATIFICATION: 6/26/20 TOTAL PAYMENTS BY WIRE: 93,453.35 Certified as to the accuracv of the wire transfers by: Date 6 -,;,- -v�--, I D Date �CJ Dale Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo, 93,453.35 P:ICityTreasurer\Wire TransferslWire Transfers 10-01-19 to 9.30-20 6/26/202Q /1 sasses - 3osr95a 9001511 - 9001552 001 GENERAL FUND 270,228.70 104 TRAFFIC SAFETY FUND Ice STATE GAS TAX FUND 32.60 106 ASSOCIATED RECREATION ACTIVITIES FUND 109 ASSET FORFEITURE FUND 1,465.27 110 MEASURE R 111 COMM DEVIL. BLOCK GRANT 112 PROP -A` TRANSPORTATION 0.24 114 PROP -C' TRANSPORTATION 115 AIR DUALITY INVESTMENT PROGRAM - 116 HOME SOUK INSTALLATION FUND 117 HYPERIO N MITIGATION FUND 110 TOA ARTICLE 3 • SB 621 SMEWAY FUND 119 MTA GRANT - 121 FEMA 120 C.O P.S FUND 122 LA-W.A. FUND 123 PSAF PROPERTY TAX PUBLIC SAFETY 124 FEDERAL GRANTS 125 STATE GRANT 126 APP CUPA PROGRAM OVERSIGHT SURCHARGE 1,363.20 120 58-1 EXPENDITURES - 129 CERTIFIED ACCESS SPECIALIST PROGRAMS - 2D2 ASSESSMENT DISTRICT 073 - 301 CAPITAL IMPROVEMENT FUND 5,837.50 302 INFRASTRUCTURE REPLACEMENT FUND - 405 FACILITIES MAINTENANCE 501 WATER UTILITY FUND 1,040.61 502 WASTEWATER FUND 2.972 60 503 GOLF COURSE FUND SAW 00 504 PARK V GTA 505 SOLID WASTE - 601 EQUIPMENT REPLACEMENT - 602 LIABILITY INSURANCE 11,072.66 603 WORKERS COMP- RESERVEIMStRtANCE 46.01 701 RETIREDEMP INSURANCE 1,153.75 702 EXPENDABLE TRUST FUND - DEVELOPER FEES 684.36 703 EXPENDABLE TRUST FUND -OTHER - 706 OUTSIDE SERVICES TRUST 707,0E WARRANTS $ 302 325,08 STATE OF CALIFORNIA COUNT`! OF LOS ANGELES bnormalion on actual expendilules Is available im the OkWor of Finance's of&e in the City of EI Segundo. I Cedlry as To the accUraCY of The Demands and the avaiiabil ly of fund for psymeM thereof. For APPMVM: Regular checks held for Ciy council suftraation to release CODES: R= ComPUtm Dener0lad OWWRe 101 AN AOC4mClgeney+Vrgehxy Parlonls far ma SOWS- SYPPf163 400 s --v es in cvppon of C dy 0-6 rations For RaTKcatron: A= Payroll and Employee Semlit CheCke B - F • Computer gerwaled EmlyRelease disbursements andkr ad uslmeMs approved by The Ctly Manager. Such as: Payments (w ullity services, petty Cash and employee Iravel expanse reknbarsemehas, various refunds, cesdracl employee awvkes conslslenl YEln current cam+actual. agreemeMa, TnsTances Y/hCR prwnpl P+tymMt dluiWats Can Cd ObraQted Or IAk paynllnl penalty -QS can be evokled or when a siluallon anus Thai the City Manager approves H = HandwntiCn E Release d'tl-fdd&mthts enerw 0d)4WACnl5 approved by the City Manager. FINAe}CE DIR@CYOR A// +„ p f� CkT'! MANAGER DATE IVYIcMr� a�/lorti DATE: c %•v N v CITY OF EL SEGUNDO WARRANTS TOTALS BY FUND DATE OF APPROVAL_ AS OF 457121Me VOID CHECKS DUE TO ALIGNMENT: NIA VOID CHECKS DUE TO en<) HECT CHECK DATE - VOID CKECKS DUET OMPDTER SOFTWARE ERROR, (NOTES \/Chia C4, REGISTER 4 l9a CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/29/20 THROUGH 7/05/20 Date Payee Descri tion 6/29/2020 IRS 252,378.66 Federal 941 Deposit 6/29/2020 Employment Development 4,499.52 State SDI payment 6/29/2020 Employment Development 55,738.71 State PIT Withholding 7/1/2020 State of CA EFT 1,164.44 EFT Child support payment 7/2/2020 Unum 316.20 Long Term Care Premium - Dec. 7/3/2020 Cal Pers 10,614.58 EFT Retirement Safety-Fire-PEPRA New 25020 7/3/2020 Cal Pers 19,000.33 EFT Retirement Safety-Police-PEPRA New 25021 7/3/2020 Cal Pers 34,863.04 EFT Retirement Misc - PEPRA New 26013 7/3/2020 Cal Pers 49,102.83 EFT Retirement Misc - Classic 27 7/3/2020 Cal Pers 66,195.59 EFT Retirement Safety Police Classic - 1st Tier 28 7/3/2020 Cal Pers 52,655.93 EFT Retirement Safety Fire- Classic 30168 7/3/2020 Cal Pers 4,542.21 EFT Retirement Sfty Police Classic -2nd Tier 30169 7/1/2020 Lane Donovan Golf Ptr 17,875.92 Payroll Transfer 06/22/20-06/28/20 Workers Comp Activity 14,836.73 SCRMA checks issued 06/22120-06128/20 Liability Trust - Claims 0.00 Claim checks issued 06/22/20-06/28/20 Retiree Health Insurance 0.00 Health Reimbursment checks issued 06/22/20-06/28/20 Flexible Spending Account 1,201.72 Employee Health and DCA card charges 584,986.41 DATE OF RATIFICATION: 7/5/20 TOTAL PAYMENTS BY WIRE: 584,986.41 Certified as to the accuracy of the wire transfers by: Deputy City Treasur r !I Date .� 711- k7 30 Director Finance Date City Ma ager Date Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo. PACityTreasureftWire TransfersWre Transfers 10-01-19 to 9-30.20 7/5/202�/1 EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2020 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Ratify two amendments to agreement between the City of El Segundo and Vital Medical Services executed by the City Manager, serving as Director of Emergency Services, during the COVID-19 local emergency. RECOMMENDED COUNCIL ACTION: Ratify two amendments (#4878D and #4878E) to agreement between the City of El Segundo and Vital Medial Services. ATTACHED SUPPORTING DOCUMENTS: 1. Amendment to Agreement with Vital Medical Services, LLC (Amendment 44878D) 2. Amendment to Agreement with Vital Medical Services, LLC (Amendment #4878E) FISCAL IMPACT: $50,000 STRATEGIC PLAN COMPLIANCE: Goal: 2 Support Community Safety and Preparedness Objective: El Segundo is a safe and prepared city. ORIGINATED BY: Randal Collins, Emergency Management Coordinator(��t REVIEWED BY: Mark D. Hensley, City Attorney APPROVED BY: Scott Mitnick, City Manager &06 .sm) BACKGROUND AND DISCUSSION: When a local or state emergency is declared, the City's municipal code provides for the carrying out of plans for the protection of persons and property within the City. In such emergency, the City Manager serves as the Director of Emergency Services ("Director"). The Director is empowered to, among other things, make and issue rules and regulations on matters reasonably related to the protection of life and property, and to acquire equipment, materials, supplies and services without following the City's standard purchasing procedures. However, the Director must provide a report to City Council regarding such emergency purchases for City Council to ratify such actions and purchases (ESMC §§ 2-2-5, 1-7-9). On March 17, 2020, the City Council adopted Resolution No. 5207 proclaiming a local emergency based on the COVID-19 pandemic. That same date, the All -Hazards Incident Management Team (AHIMT) was formed. The Director determined the following action, was required to meet the incident objectives of the AHIMT: W, W On April 13, 2020, the Director executed an amendment to Agreement No. 4878D between the City of El Segundo and Vital Medical Services, LLC, to provide professional medical screening services for Park Vista residents in response to the COVID-19 pandemic, up to $25,000. When this amendment was created it was anticipated services would only be required through July 2020. Subsequently, due to the increased number of COVID-19 cases in Los Angeles County and the need for ongoing services, the Director submitted an additional Amendment No. 4878E with the vendor to increase the cost of the agreement to $50,000. These additional funds were needed to accommodate the length of the COVID-19 incident and to maintain ongoing services. This purchase is necessary to allow the City to protect its most vulnerable population and to comply with the State and County Orders. The Director requests the City Council ratify these decisions. 30 AMENDMENT NO. 4878D FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NO. 4878 BETWEEN THE CITY OF EL SEGUNDO AND VITAL MEDICAL SERVICES, LLC THIS FOURTH AMENDMENT ("Amendment") is made and entered into this 13th day of April, 2020, by and between CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ("CITY"), and VITAL MEDICAL SERVICES, LLC, a California limited liability company ("CONTRACTOR"). A. On March 4, 2020, Governor Newsom proclaimed a statewide emergency because of COVID-19; on March 11, 2020, the World Health Organization declared COVID-19 to be a pandemic; on March 13, 2020, the President declared a National Emergency; on March 16, 2020, the City of EI Segundo declared a local emergency (ratified by the EI Segundo City Council on March 17, 2020). B. CONTRACTOR already provides medical services to the CITY and its Police Department, including performing medical screening evaluations of arrestees, and providing testing services and counseling services for exposures to communicable diseases, as needed. C. The CITY has identified Park Vista, a senior living facility owned by the CITY, as a facility that requires special attention during the emergency. This Agreement is entered into in response to the COVID-19 Emergency and is necessary for the preservation of public health and safety. D. The CITY and CONTRACTOR agree to amend their existing agreement, as amended, to add the additional services described in the attached Exhibit "A." NOW, THEREFORE, the parties agree as follows: 1. Pursuant to Section 9.4 of Agreement No. 4878 ("Agreement"), as amended, the parties desire to add the scope of services and additional terms attached as Exhibit "A" to the Agreement, which is incorporated herein by this reference. The CITY agrees to pay the amounts listed in Exhibit A pursuant to the terms of the Agreement. The cost of the additional services added by this Amendment must not exceed $25,000 for the length of the emergency. This amount is in addition to the not -to -exceed amount of the Agreement, as amended, which is $50,000 per fiscal year. 2. The parties desire for this Amendment to take effect on April 13, 2020 and will terminate when the emergency is declared to be terminated, unless the Agreement is earlier terminated by either party. 3. This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 31 AMENDMENT NO. 4878D 4. Except as modified by this Amendment, all other terms and conditions of the Agreement will remain the same. IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SEGUNDO, a general law city ' r Scott Mitnick, City Manager ATTEST: tTraVVO APPROVED AS TO FORM: 1'5�k for 0S Mark D. Hensley, wlc �s City Attorney r��` 7 V 7 VITAL MEDICAL SERVICES, LLC a California limited liability company 0* -O -71/Z -- Alex G. Ghazalpour Chief Operating Officer .A6�4� � - Armen Vartanian Managing Director Taxpayer ID No.: 46-1055770 32 Exhibit "A" (to be attached) AMENDMENT NO. 4878D 33 V&-VITAL AMENDMENT NO. 4878D VICAL SIRVIC4$ Exhibit "A" Scope of Services for City of EI Segundo Park Vista COVID-19 Screening and Evaluations (A) Park Vista Resident Screening and Evaluations (1) CONTRACTOR will provide qualified medical staff at the Park Vista facility, located at 615 E. Holly Avenue, EI Segundo, California 90245, to assess the needs of current Park Vista residents as it relates to COVID-19 symptoms, including but not limited to: a. Fever b. Tiredness C. Dry cough d. Difficulty Breathing e. Chills and body aches f. Sudden confusion g. Digestive issues (gastrointestinal) h. Conjunctivitis i. Loss of smell or taste j. Fatigue k. Headache/sort throat, congestion I. History of compromised immune system (2) CONTRACTOR's medical staff will perform the following protocols to evaluate such residents, including but not limited to: a. Assessing the resident's mental status b. Taking resident's temperature C. Taking resident's Blood Pressure d. Taking resident's pulse e. Obtaining resident's oxygen saturation level through pulse oximeter reading f. Auscultating resident's lungs g. Inquiry of potential COVID-19 symptoms h. Verify history of compromised immune system i. Document and record all assessment findings, including the date and time of the assessment. j. If, during a medical evaluation, it is determined that a resident has signs and symptoms of COVID-19, the 911 system will be activated and the EI Segundo Fire Department will take over patient care and transport. 34 VI TA L AMENDMENT NO. 4878D 01tC$s (3) CONTRACTOR will have one staff member available at the Park Vista facility for 4 hours per day on Monday, Wednesday and Fridays between the hours of 9:00 a.m. and 1:00 p.m., and will spend 1.5 hours on per day on remote documentation. Each resident of Park Vista will be medically evaluated at least once per week, on a voluntary basis, following the protocols established. If time permits, residents can request to be evaluated for COVID-19 symptoms more than once per week. (4) CONTRACTOR agrees that it will not provide any medical advice or services for symptoms not related to COVID 19 and will refer Park Vista residents to their personal doctors if they have questions or medical issues not related to COVID-19. CONTRACTOR acknowledges that this Amendment relates only to COVID-19 symptoms and the present emergency. (B) Term This Amendment will remain in effect for the duration of the State of Emergency proclaimed by the Governor of California related to COVID-19 and the local emergency proclaimed by the City of EI Segundo, unless sooner terminated by either party. Either party may terminate this Amendment immediately, with or without cause, by providing the other party written notice of such termination. Upon termination, CITY shall pay CONTRACTOR for services performed in accordance with the Amendment up to the termination date. (C) Fees, Invoices and Payment The CITY will pay CONTRACTOR for services rendered under this Scope at a rate of $2,178.00 per week. This fee and scope do not include physician consultation and COVID-19 Testing. Should the CITY request from CONTRACTOR additional hours of service beyond the hours included in this Scope, CITY shall pay CONTRACTOR $132 per hour or faction thereof for such services. On a monthly basis, CONTRACTOR will submit invoices for the Services provide in the previous month. Payment is due 30 days from receipt of CONTRACTOR's invoice. (D) HIPAA CONTRACTOR is a Covered Entity as that term is defined in the Health Insurance Portability and Accountability Act ("HIPAA"). As the Covered Entity, CONTRACTOR shall be solely responsible for complying with HIPAA and any other federal, state and local laws pertaining to patient confidentiality. In compliance with HIPAA and similar state privacy laws, CONTRACTOR shall only report the results of any testing performed as part of the Services to the individual for whom the testing was performed, any public health 35 VITALAMENDMENT NO.4878D tI authorities, and to CITY's Fire Department officials or others charged with protecting the health or safety of the public pursuant to 45 CFR 164.5120)(1). (E) Disclaimer Samples collected by CONTRACTOR as part of the Services will be sent to a third -party laboratory for processing. CITY acknowledges that (i) all diagnostic testing including, COVID-19 testing, is imperfect, and is susceptible to false -positive and false -negative test results; and (ii) it is possible for a person to be infected with COVID- 19 despite receiving negative test results. CITY agrees that CONTRACTOR shall not be liable for any false -positive, false - negative or otherwise inaccurate test results. (F) Non-discrimination (1) General. No person will on the grounds of race, color, national origin, religious affiliation or non -affiliation, sex, age, handicap, disability, or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination under this Agreement. (2) Employment. CONTRACTOR will insure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this Agreement. CONTRACTOR's personnel policies will be made available to CITY upon request. 36 AMENDMENT NO. 4878E FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NO. 4878 BETWEEN THE CITY OF EL SEGUNDO AND VITAL MEDICAL SERVICES, LLC THIS FIFTH AMENDMENT ("Amendment") is made and entered into this 1ST day of July, 2020, by and between CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ("CITY"), and VITAL MEDICAL SERVICES, LLC, a California limited liability company ("CONTRACTOR"). 1. Pursuant to Section 9.4 of Agreement No. 4878 ("Agreement"), as amended, the parties desire to add the scope of services and additional terms attached as Exhibit "A" to the Agreement, which is incorporated herein by this reference. The CITY agrees to pay the amounts listed in Exhibit A pursuant to the terms of the Agreement. The cost of the additional services added by this Amendment must not exceed $50,000 for the length of the emergency. This amount is in addition to the not -to -exceed amount of the Agreement, as amended, which is $50,000 per fiscal year. 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 4878 remain the same. IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written. CITY OF EL SEGUNDO, a ge I law city T L AA. f Mitnick, Manager ATTEST: IVTr c ver, C'yCl APPROVED AS TO FORM: Y1� . for ;■ Mark D. Hensley, City Attorney VITAL MEDICAL SERVICES, LLC a California limited liability company Ale�x;lGh zalpour Chief Operating Officer Z4�� - Armen Vartanian ■ Managing Director Yr, Taxpayer ID No.: 46-1055770 v0` 37 V& -VITAL AMENDMENT NO. 4878E It Exhibit "A" Scope of Services for City of EI Segundo Park Vista COVID-19 Screening and Evaluations (A) Park Vista Resident Screening and Evaluations (1) CONTRACTOR will provide qualified medical staff at the Park Vista facility, located at 615 E. Holly Avenue, EI Segundo, California 90245, to assess the needs of current Park Vista residents as it relates to COVID-19 symptoms, including but not limited to: a. Fever b. Tiredness C. Dry cough d. Difficulty Breathing e. Chills and body aches f. Sudden confusion g. Digestive issues (gastrointestinal) h. Conjunctivitis i. Loss of smell or taste j. Fatigue k. Headache/sort throat, congestion I. History of compromised immune system (2) CONTRACTOR's medical staff will perform the following protocols to evaluate such residents, including but not limited to a. Assessing the resident's mental status b. Taking resident's temperature C. Taking resident's Blood Pressure d. Taking resident's pulse e. Obtaining resident's oxygen saturation level through pulse oximeter reading f. Auscultating resident's lungs g. Inquiry of potential COVID-19 symptoms h. Verify history of compromised immune system i. Document and record all assessment findings, including the date and time of the assessment. j. If, during a medical evaluation, it is determined that a resident has signs and symptoms of COVID-19, the 911 system will be activated and the EI Segundo Fire Department will take over patient care and transport. Wz AMENDMENT NO. 4878E (3) CONTRACTOR will have one staff member available at the Park Vista facility for up to 5.5 -hours per day on Monday, Wednesday and Fridays between the hours of 9:00 a.m. and 2:30 p.m. through June 2020. Beginning July 1, 2020, CONTRACTOR will have one staff member available at the Park Vista facility for up to 8 hours per day on the days requested by the CITY. Each resident of Park Vista will be medically evaluated at least once per week, on a voluntary basis, following the protocols established. If time permits, residents can request to be evaluated for COVID-19 symptoms more than once per week. (4) CONTRACTOR agrees that it will not provide any medical advice or services for symptoms not related to COVID 19 and will refer Park Vista residents to their personal doctors if they have questions or medical issues not related to COVID-19. CONTRACTOR acknowledges that this Amendment relates only to COVID-19 symptoms and the present emergency. (B) Term: This Amendment will remain in effect for the duration of the State of Emergency proclaimed by the Governor of California related to COVID-19 and the local emergency proclaimed by the City of EI Segundo, unless sooner terminated by either party. Either party may terminate this Amendment immediately, with or without cause, by providing the other party written notice of such termination. Upon termination, CITY shall pay CONTRACTOR for services performed in accordance with the Amendment up to the termination date. (C) Fees, Invoices and Payment: The CITY will pay CONTRACTOR for services rendered under this Scope ata rate of $2,178.00 perweek through June 2020. Beginning July 1, 2020, the rate is $1,056 per day. This fee and scope do not include physician consultation and COVID-19 Testing. Should the CITY request from CONTRACTOR additional hours of service beyond the hours included in this Scope, CITY shall pay CONTRACTOR $132 per hour or faction thereof for such services. On a monthly basis, CONTRACTOR will submit invoices for the Services provide in the previous month. Payment is due 30 days from receipt of CONTRACTOR's invoice. (D) HIPAA CONTRACTOR is a Covered Entity as that term is defined in the Health Insurance Portability and Accountability Act ("HIPAA"). As the Covered Entity, CONTRACTOR shall be solely responsible for complying with HIPAA and any other federal, state and local laws M _ I TAL AMENDMENT NO 4878E Vto1I[t5 pertaining to patient confidentiality. In compliance with HIPAA and similar state privacy laws, CONTRACTOR shall only report the results of any testing performed as part of the Services to the individual for whom the testing was performed, any public health authorities, and to CITY's Fire Department officials or others charged with protecting the health or safety of the public pursuant to 45 CFR 164.5120)(1). (E) Disclaimer Samples collected by CONTRACTOR as part of the Services will be sent to a third -party laboratory for processing. CITY acknowledges that (i) all diagnostic testing including, COVID-19 testing, is imperfect, and is susceptible to false -positive and false -negative test results; and (ii) it is possible for a person to be infected with COVID- 19 despite receiving negative test results. CITY agrees that CONTRACTOR shall not be liable for any false -positive, false - negative or otherwise inaccurate test results. (F) Non-discrimination. (1) General. No person will on the grounds of race, color, national origin, religious affiliation or non -affiliation, sex, age, handicap, disability, or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination under this Agreement. (2) Employment. CONTRACTOR will insure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this Agreement. CONTRACTOR's personnel policies will be made available to CITY upon request. E EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2020 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adopt a Resolution approving the General Services Agreement between the City of El Segundo and County of Los Angeles dated July 1, 2020, ratifying the City Manager's execution of the agreement, and requesting the County Board of Supervisors extend the term of the agreement an additional five years. RECOMMENDED COUNCIL ACTION: Adopt Proposed Resolution ATTACHED SUPPORTING DOCUMENTS: 1. Proposed Resolution 2. Draft General Services Agreement between the City of El Segundo and the County of Los Angeles FISCAL IMPACT: Amount Budgeted: $150,000 Additional Appropriation: No Account Number(s): #001-400-4205-6206 (Traffic Safety) STRATEGIC PLAN: Goal: 2 Support Community Safety and Preparedness Objective: El Segundo is a safe and prepared city. Goal: 4 Develop Quality Infrastructure and Technology Objective: A El Segundo's physical infrastructure supports an appealing, safe, and effective community. ORIGINATED BY: Jasmine Allen, Senior Management Analyst J `� REVIEWED BY: Mark Watkins, Interim Public Works Director AJ APPROVED BY: Scott Mitnick, City Manager a f01 (F` J s, BACKGROUND AND DISCUSSION: The County of Los Angeles provides services on behalf of the City of El Segundo on an "as - needed" basis. The primary example of such services is the City's ongoing service agreement with the County for traffic signal maintenance and the availability to access County road crews should the need ever arise for emergency street repairs. To facilitate the City's ability to access such services, the City and County have traditionally entered into a series of five-year General Services Agreements (GSA) that ensure the City has access to County -provided services 41 whenever it is necessary. The standard GSA provides the legal mechanism and framework whereby the City has access to County services on an "as -needed" basis. The City entered into a GSA in 2015, and it expired on July 1, 2020. To avoid the City not having access to such vital County services, the City Manager executed a new GSA in June 2020 and is now requesting the City Council ratify his execution of the agreement. The new GSA took effect on July 1, 2020 and has a term of five years. The City Manager is requesting the Council ratify his decision by adopting the attached resolution. In addition, Section 15 of the GSA allows the City Council to request to renew the agreement for an additional five years, if approved by the L.A. County Board of Supervisors. Because City staff envisions needing access to County services beyond 2025, City staff recommends City Council request the optional renewal (additional five years), so that if the request is approved by the Board of Supervisors, the GSA would expire on June 30, 2030. :A RESOLUTION NO. A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL RATIFYING THE CITY MANAGER'S APPROVAL OF THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES AND REQUESTING TO RENEW THE AGREEMENT FOR AN ADDITIONAL FIVE YEARS The City Council of the City of EI Segundo does resolve as follows: SECTION 1: The City Council finds that: A. The County of Los Angeles periodically provides miscellaneous services on behalf of the City of EI Segundo on an "as -needed" basis. Examples of such services include the City's ongoing service agreement with the County for traffic signal maintenance and the ability to access County road crews; B. Since 2005, the City and County have entered into a series of five-year General Services Agreements (GSA) that ensure that the City has access to County -provided services whenever necessary. The standard GSA provides the legal mechanism and framework whereby the City has access to County services on an "as -needed" basis; C. The City entered into a GSA in 2015, and it expired on July 1, 2020. To avoid the City not having access to such vital County services, the City Manager executed a new GSA in June 2020 and is now requesting the City Council ratify his execution of the agreement; D. The new GSA took effect on July 1, 2020 and has a term of five years; Section 15 of the GSA also allows the City Council to request to renew the agreement for an additional five years, if approved by the L.A. County Board of Supervisors; and E. Because City staff envision needing access to County services beyond 2025, City staff are recommending the City Council request the optional, additional five years, so that if the request is approved by the Board of Supervisors, the GSA will expire on June 30, 2030. SECTION 2: Approval, Ratification and Request to Renew forAdditional Five Years. The City Council hereby approves of the General Services Agreement (GSA) dated July 1, 2020 and ratifies the City Manager's execution of the agreement. Pursuant to Section 15 of the GSA, the City Council also requests the Board of Supervisors approve the optional, additional five-year period, so that, if approved, the term of the GSA will expire on June 30, 2030. SECTION 3: Authorization. The City Council hereby directs the City Clerk to transmit a 43 copy of this resolution to the County of Los Angeles. SECTION 4: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this day of July, 2020. Drew Boyles, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor Pro Tem of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2020, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney GENERAL SERVICES AGREEMENT THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference only, June 1, 2020, is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of EI Segundo hereinafter referred to as the "City." RECITALS: (a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions. (b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth. (c) Such contracts are authorized and provided for by the provisions of Section 56Y2 of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. The County agrees, through its officers, agents and employees, to perform those City functions, which are hereinafter provided for. 2. The City shall pay for such services as are provided under this Agreement at rates to be determined by the County Auditor -Controller in accordance with the policies and procedures established by the Board of Supervisors. These rates shall be readjusted by the County Auditor -Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rates as adopted by the Board of Supervisors of County. 3. No County agent, officer or department shall perform for said City any 1 of 6 45 function not coming within the scope of the duties of such agent, officer or department in performing services for the County. 4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof. 5. No function or service shall be performed hereunder by any County agent, officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations. 6. Whenever the County and City mutually agree as to the necessity for any such County agent, officer or department to maintain administrative headquarters in the City, the City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the City, the same shall be supplied by the City at its expense. It is expressly understood that in the event a local administrative office is maintained in the City for any such County agent, officer or department, such quarters may be used by the County agent, officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City. 7. All persons employed in the performance of such services and functions for 2 of 6 the City shall be County agents, officers or employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement. 8. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment. 9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set, out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 10. Each County agent, officer or department performing any service for the 3 of 6 47 City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County -owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. 11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to ensure payment for work, services or materials provided hereunder. 12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the City shall pay County therefore within thirty (30) days after date of said invoice. If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed. 13. Notwithstanding the provisions of Government Code Section 907, if such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, 4 of 6 M including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so. 14, This Agreement shall become effective on the date herein -above first mentioned and shall run for a period ending June 30, 2025, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years. 15. In the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2025, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of June 2025, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise, such Agreement shall finally terminate at the end of the eforedescribed period. Notwithstanding the provisions of this paragraph herein -above set forth, the County may terminate this Agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this Agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County. 16, This Agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In the event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference. 5 of 6 .• IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. Executed this "1 day of 2020- A QVEO1 TO FORM: fr CITY ATTORNEY ATTEST: City Cleric The City of EI Segundo, THE COUNTY OF LOS ANGELES By air, Bo d of Skjupe�rvisdfs ATTEST: CELIA ZAVALA Executive Officer/Clerk of the Board of Supervisors F'i.elp-"u6t�yj-1 APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By % Seni eputy 6of6 50 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: 07/21/2020 AGENDA HEADING: CONSENT Authorize the Fire Department to donate one 1993 Pierce Lance triple combination pumper fire engine, Unit #3347, on behalf of the City of El Segundo to the El Camino Fire Academy. RECOMMENDED COUNCIL ACTION: 1. Authorize the 1993 Pierce Lance triple combination pumper fire engine to be declared as a surplus vehicle. 2. Authorize the surplus 1993 Pierce Lance triple combination pumper fire engine to be donated to El Camino Fire Academy. 3. Authorize the City Manager, in a form approved by the City Attorney, to draft an agreement releasing title and all liability to accompany the El Camino College donation. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Approximate market value of the donated vehicle is $10,000. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): 601-400-3202-8105 (Equipment Replacement) STRATEGIC PLAN: Goal: 2 Support Community Safety and Preparedness Objective: El Segundo is a safe and prepared community. ORIGINATED BY: Evan Siefke, Battalion Chief REVIEWED BY: Chris Donovan, Fixe Chief//4r Ct) APPROVED BY: Scott Mitnick, City Manager LJ(�t BACKGROUND AND DISCUSSION: The El Segundo Fire Department currently possesses two front-line fire engines and two second- line/reserve fire engines. With the delivery of a new fire engine in early 2020, which is currently in service, the oldest fire engine (Engine 34, a 1993 Pierce Lance pumper shop #3347) is due to be sent to surplus. Traditionally, the City has utilized different means of equipment disposition, including sending fire apparatus to our sister city Guaymas Mexico, and sending vehicles and fire apparatus to approved auction sites. The Fire Department maintains a fleet of reserve engines, rescue ambulances, and support vehicles to continue service delivery during annual maintenance/repairs and unexpected breakdowns requiring frontline apparatus to be taken out of service. Reserve apparatus are also utilized during 51 5 fire season when a front-line engine is deployed throughout the State on brush responses or other calls for service such as mudslides; the reserve apparatus coupled with the appropriate level of personnel ensures continuity of local service delivery. It is the desire of the Fire Department to donate the 1993 Pierce pumper to the El Camino College Fire Academy. The Fire Department has a long standing partnership with El Camino College in which 15 current members of the department have attended and graduated from the fire academy. Additionally, a handful of the members of the El Segundo Fire Department are past and/or current instructors and the El Segundo Fire Department is part of a consortium of local agencies working with El Camino on regional training opportunities. Annually, the academy offers its facility for the Fire Department, allowing firefighters the ability to apply skills in a realistic environment in order to gain experience under actual fire conditions. This donation would continue to support a local fire academy which has and continues to serve the City of El Segundo. The Department respectfully requests to donate this equipment to El Camino College. Fiscally, there is minimal impact to the City budget. Based upon the research conducted by the City Fleet Maintenance division it was determined that based upon similar types of vehicle listings, the fair market value of the engine is approximately $10,000. It is unknown whether the vehicle would actually bring that amount in the open market without considering many other variables such as vehicle condition and needed repair costs. This vehicle recently had an inspection and there are repairs that El Camino would need to address, incurring all associated costs of vehicle maintenance as part of the donation, along with an agreement with El Camino College, releasing the City of El Segundo of any liability. It is staff s position that the donation would be of higher value to the relationship with El Camino College than the revenue received through auction. 52 EL SEGUNDO CITY COUNCIL MEETING DATE: July 21, 2020 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Authorize the first amendment to agreement number 5832 between the City of El Segundo and Debra Reilly, a Professional Law Corporation, dba Reilly Workplace Investigations, increasing the amount of the agreement by an additional $12,008.88. RECOMMENDED COUNCIL ACTION: Authorize Amendment to Agreement between the City of El Segundo and Debra Reilly, dba Reilly Workplace Investigations for an additional $12,008.88. ATTACHED SUPPORTING DOCUMENTS: None !01[.YN\RIVJ_I6A.T611IP Amount Budgeted: Additional Appropriation: Account Number(s): STRATEGIC PLAN: Included in the FY 19/20 budget N/A 001-400-2201-6302 Goal: 3 Develop as a Choice Employer and Workforce Objective: El Segundo is a city employer of choice and consistently hires for the future, with a workforce that is inspired, world-class and engaged, demonstrating increasing stability and innovation. ORIGINATED BY: David Serrano, Human Resources Director REVIEWED BY: Joe Lillio, Director of Finance Barbara Voss, Deputy City ManagerQv APPROVED BY: Scott Mitnick, City Manager Wcl(pt Sm. BACKGROUND AND DISCUSSION: The City receives various Governmental Claims in accordance with the California Government Code. Governmental Claim matters vary greatly in complexity and require thorough investigation to achieve appropriate resolution., In December 2019, the City contracted with Debra Reilly, a Professional Law Corporation, dba as Reilly Workplace Investigations, to conduct an investigation of an employment matter. The original contract included a not -to -exceed amount of $50,000, and was approved by the City Manager pursuant to his signature authority. IV 53 The investigation is now complete. The investigation was complex and involved many factual issues. The investigator spent extraordinary time and effort to complete this complex investigation, and as a result her final invoices and charges exceeded the contract not -to -exceed amount by $12,008.88. Because the final, total contract amount of $62,008.88 exceeds the City Manager's signature authority, staff requests City Council approval for the additional amount. Staff recommends City Council approve the first contract amendment for agreement number 5832, by an additional $12,008.88. 54 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: July 21, 2020 AGENDA HEADING: Consent Item Zone Text Amendment establishing a Short -Term Home Sharing Rental Permit Pilot Program to allow and regulate home sharing in the City's residential zoning districts. RECOMMENDED COUNCIL ACTION: Waive second reading and adopt Ordinance No. 1614 for Zone Text Amendment No. ZTA 17- 01 and Environmental Assessment No. EA -1180, including Administrative Guidelines as required by Ordinance No. 1614 to establish a Short -Term Home Sharing Rental Permit Pilot Program which will commence within 60 days after the Los Angeles County Health Officer's Order of June 12, 2020, or any subsequent Order, which prohibits short-term rentals in occupied units, is rescinded or amended to once again permit short-term rentals in occupied units, and ending 15 months after the program begins. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance No. 1614 2. Short -Term Home Sharing Rental Pilot Program Administrative Guidelines 3. City Council Staff Report, dated June 16, 2020 FISCAL IMPACT: Potential General Fund revenue ranging $45,000 to $75,000, with between $9,000 to $15,000 from permits and business licenses and between $36,000 and $60,000 from Transient Occupancy Taxes (TOT). Revenues may off -set a portion of staff time and consultant costs for an outside monitoring company involved with processing and monitoring applications. Amount Budgeted: None for FY 2019-20 $40,000 for outside consultant to monitor compliance (about $30,000-35,000) and possible overtime for Code Enforcement on weekends and holidays will be included in FY 2020-21 budget Additional Appropriation: None Account Number(s): 001-300-0000-3301 (Business License) 001-300-0000-3203 (Transient Occupancy Tax) tbd (Short-term Rental Permit) STRATEGIC PLAN COMPLIANCE Goal: 1 Enhance Customer Service, Engagement, and Communications Objective: A El Segundo provides unparalleled service to internal and external customers. 6�7 ORIGINATED BY: Eduardo Schonborn, AICP, Principal Plannegg REVIEWED BY: Gregg McClain, Planning Manager Sam Lee, Planning and Building Safety irector Joe Lillio, Finance Director W4�1 APPROVED BY: Scott Mitnick, City Manager rjW\ INTRODUCTION/ BACKGROUND On June 16, 2020, City Council introduced an Ordinance amending Titles 4 and 15 of the El Segundo Municipal Code that: 1) establishes regulations for short-term home sharing rentals, and 2) allows short-term home sharing in the City's residential zones through a Short -Term Home Sharing Rental (STHSR) Permit Pilot Program. City Council may waive second reading and adopt the ordinance. The ordinance will become effective August 21 if adopted July 21, 2020. Although the ordinance would take effect on August 21, the pilot program cannot start on that date because the June 12, 2020 Los Angeles County Health Department Order prohibits short-term rentals in occupied units. Since it is unknown when the order will be rescinded or amended to allow short-term home sharing, the ordinance specifies that the pilot program will commence within 60 days after the order is rescinded or amended. The pilot program will end 15 months after it begins. However, City Council retains the ability to terminate the pilot program at any time. Attached also is the STHSR Administrative Guidelines document which provides instructions for putting the ordinance into practice. The guidelines provide a user-friendly set of instructions for potential hosts to help them prepare their applications and instructs them in avoiding problems. The guidelines also establish the relationship between the City and the hosting platforms and describe the data staff will collect during the pilot program and some ways to use the data to help judge the success of the pilot program. The intent of the pilot program is to provide sufficient information for City Council to make a decision at the end of the program that is supported by facts, data, and experience. The decision is whether to create a permanent program, whether to make modifications to the program, or to allow the program to terminate. The Administrative Guidelines will provide data to allow staff to make recommendations to assist in that decision making process. Staff will prepare status report shortly after the sixth month of the pilot program to update City Council on how the program is progressing. Environmental Assessment Pursuant to the provisions of the California Environmental Quality Act, the proposed zone text amendment is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Class 1 (Existing Facilities) (14 Cal. Code Regs. § 15301), because it involves creating a regulatory process for the permitting and licensing of existing private uses and results in a negligible expansion of uses beyond what already exists in the residential zoning districts. 2 56 ORDINANCE NO. 1614 AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING TITLE 4 (BUSINESS REGULATIONS AND LICENSING) OF THE EL SEGUNDO MUNICIPAL CODE BY ADDING A NEW CHAPTER ESTABLISHING REGULATIONS FOR SHORT-TERM HOME SHARING RENTALS, AND AMENDING TITLE 15 (ZONING REGULATIONS) ALLOWING SHORT- TERM HOME SHARING IN THE CITY'S RESIDENTIAL ZONES THROUGH A SHORT-TERM HOME SHARING PERMIT PILOT PROGRAM. The City Council of the City of EI Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. Due to close proximity of EI Segundo to Los Angeles International airport, beaches and Southern California tourist destinations, and being home to a significant number of Fortune 500 companies, the City of EI Segundo is a popular location for alternative short-term lodging; B. The renting of rooms in private homes on a short-term basis to visitors provides a community benefit by expanding the number and type of lodging facilities available and assists owners of homes by providing revenue which may be used for maintenance and upgrades to these units; C. The renting of rooms in private homes by owners for temporary occupancy is also a community concern due to the potential for increased traffic, and noise in single family residential neighborhoods if these uses are not properly regulated; D. Problems with short-term lodgings are particularly acute in the residential zones where the peace, safety and general welfare of the long-term residents are potentially threatened; E. An effective way to minimize the problems associated with short-term rental units is to allow short-term home sharing through a permit process with restrictions and operational regulations; F. To allow the City to more accurately gauge the relative advantages and disadvantages of allowing short-term home sharing rentals in residential zones without committing to their permanence, this ordinance establishes a limited pilot program that will automatically sunset 15 months after it is implemented; G. On June 27, 2019, the EI Segundo Planning Commission held a noticed public hearing to receive public testimony and other evidence regarding the proposed ordinance, including information provided by city staff; and, adopted Resolution No. 2852 recommending that the City Council approve proposed amendments that included an 18 -month pilot program for all types of short-term rentals; H. On November 19, 2019, the EI Segundo City Council held a public hearing and considered the information provided by staff and public testimony regarding the 57 ordinance recommended by the Planning Commission. City Council directed staff to make certain amendments to the ordinance and to return with additional information; On February 4, 2020, City Council continued its discussion on the proposed ordinance and considered the information provided by staff. City Council introduced the ordinance to allow short-term rentals through a Short-term Rental Permit, as an 18 -month pilot program that permitted all types of short-term rentals; J. On February 18, 2020, City Council discussed the draft ordinance and directed staff to return with additional information; K. On March 3, 2020, staff provided additional information to City Council and the City Council directed staff to prepare an ordinance to allow short-term rentals in the form of home sharing only; L. On June 16, 2020, staff presented this ordinance to allow short-term rentals as home sharing only in a pilot program to run from commencing within 30 to 60 days after the Los Angeles County Health Officer's order of June 12, 2020, or any subsequent order, which prohibits short-term rentals in occupied units, is rescinded or amended to once again permit short-term rentals in occupied units, and ending 15 months after the program begins; and M. This ordinance and its findings are made based upon the entire administrative record including testimony and evidence presented to City Council at its November 19, 2019, February 4, February 18, March 3 and June 16, 2020, public hearings and the staff reports submitted by the Planning and Building Safety Department. SECTION 2: Environmental Assessment. Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq., Staff found no evidence that EA -1180 and ZTA 17-01 would have a significant effect on the environment and, therefore, the proposed Zone Text Amendment has been found to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15308 (Class 1) since the amendment would "result in a negligible expansion of an existing use," as the amendment consists of establishing regulations and procedures for renting portions of existing residential units on a short-term basis, provided the property owner resides on-site. Consequently, no further environmental review is required. SECTION 3: General Plan Findings. Considering all of its aspects, the EI Segundo Municipal Code (ESMC) amendments proposed by this ordinance will further the goals, objectives and policies of the General Plan and not obstruct their attainment. More specifically: A. This amendment conforms to the Land Use Element Goals, Objectives and Policies. Specifically, the amendment is consistent with Goal LU1, Objective LU 1- 1, Goal LU3, in that the amendment ensures the preservation, protection and extension of existing residential uses; and promotes the health, safety, and 2 wellbeing of the people of EI Segundo by adopting standards for the proper balance, relationship, and distribution of the residential land uses at all times in accordance with applicable law. B. This text amendment of the Permitted Uses section in each of the City's residential zones conforms to the General Plan. The changes do not modify or increase the maximum density of dwelling units per acre currently allowed in the Residential Land Use designation. As a result, the Zone Text Amendment conforms to the Land Use Element of the General Plan. C. The text amendment complies with Objective LU 1-5.6 in that the changes to the existing language will allow short-term rentals through a home sharing permit requirement. D. The text amendment is consistent with the Residential Land Use designation in that the changes do not modify or increase the maximum density of dwelling units per acre currently allowed by the Residential zoning designations. SECTION 4: Zone Text Amendment Findings. In accordance with ESMC Section 15-26- 4 the City Council finds as follows: A. This ordinance is consistent with the purpose of the ESMC, which is to serve the public health, safety, and general welfare and to provide the economic and social advantages resulting from an orderly planned use of land resources. B. This ordinance is necessary to minimize the problems associated with short-term rental units by requiring a home sharing permit, with restrictions and operational regulations. Further, this ordinance and all home sharing permits will automatically sunset 15 months after the pilot program commences, after which time home sharing will no longer be a permitted use under this ordinance. C. This ordinance is necessary to minimize the likelihood that this activity goes underground, at which point the City would not have an account of the number of short-term rentals, their locations, or a funding mechanism to offset any increase in demand for City services resulting from the short-term rental units. SECTION 5: Title 4 of the ESMC is amended to add thereto a new Chapter 15 "Home Sharing Permit Pilot Program" to read as follows: "Chapter 15 HOME SHARING PERMIT PILOT PROGRAM 4-15-1: PURPOSE The purpose of this Chapter is to require the owner of a residential dwelling unit that is used for home sharing to apply for and secure a permit authorizing such use in the manner provided for in this Chapter. 3 W 4-15-2: DEFINITIONS For the purpose of this Chapter, the following definitions apply: ADMINISTRATIVE GUIDELINES: Regulations promulgated by the Director and approved by the City Council that may include, but are not limited to, application requirements, interpretations, conditions, reporting requirements, hosting platform safe harbor requirements, enforcement procedures, and disclosure requirements to implement the provisions of this Chapter. BOOKING: A reservation for home sharing. BOOKING TRANSACTION: Any reservation or payment service provided by a person who facilitates a transaction for home sharing, between a prospective transient user and a host. CHILD or CHILDREN: A person or persons under the age of 13. DWELLING UNIT: Any building or portion thereof that is used as a complete, independent living facility for one or more persons containing permanent provisions for living, sleeping, eating, cooking, and sanitation, as required by the California Building Code. HOME SHARING: Renting, for a period of 30 consecutive days or less, of one or more bedrooms in a dwelling unit that is the primary residence of the host, while the host lives on site, in the dwelling unit, throughout the transient user's stay. Home sharing is also considered to be a short-term rental. HOME SHARING UNIT: A dwelling unit that is made available for home sharing. A home sharing unit has historically been, and continues to be, included in the definition of "hotel" for purposes of Title 3, Chapter 4 of this Code. HOST: Any person who is an owner of a residential dwelling unit offered for use as home sharing. HOSTING PLATFORM: A person or entity that participates in the short-term rental business by providing booking services through which an operator may offer a short-term rental unit. Hosting platforms usually, though not necessarily, provide booking services through an online platform that allows an operator to advertise the short-term rental unit through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential renters arrange use and payment, whether the renter pays rent directly to the operator or to the hosting platform. LIVES ON-SITE: Maintains a physical presence in the dwelling unit including, without limitation, all of the following: the storing of one's clothes and other personal effects, sleeping overnight, preparing and eating meals, and engaging in other activities of the type typically engaged in by a person residing in a dwelling unit. 4 Wk OWNER: The person, persons, or a trustee of a family trust, which holds legal or equitable title to a property used for home sharing. PERSON: A natural person. PRIMARY RESIDENCE: The residential unit where an owner resides for at least 183 nights per year. A host can only have one primary residence. SHORT-TERM RENTAL: The rental of any portion of any structure for occupancy, dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less. 4-15-3: PERMIT REQUIRED A. No person may rent, offer to rent, or advertise short-term home sharing rental of a dwelling unit to another person without a valid Short-term Home Sharing Rental Permit approved and issued in the manner provided for in this Chapter. B. Any type of short-term rental within the city that does not constitute home sharing as defined by Section 4-15-2 is not eligible for a permit under this program. 4-15-4: APPLICATION FOR PERMIT; FEE An application for a Short-term Home Sharing Rental Permit must be made on a form approved by the Director and must contain the following information: A. The name, address and telephone number of the owner of the unit for which the permit is to be issued. B. Evidence that a City business license has been applied for or obtained for operating a short-term home sharing business. C. Evidence that a valid Transient Occupancy Registration Certificate has been issued by the City for the home sharing unit. D. Proof of general liability insurance in the amount of $1,000,000 combined single limit and an executed agreement to indemnify, defend, and hold the City harmless from any and all claims and liabilities of any kind whatsoever resulting from or arising out of the short-term home sharing rental activity. E. An acknowledgment that the use of the property for home sharing is subject to a sunset provision, and that the owner will acquire no vested right to the continued use of any portion of the dwelling unit for short-term home sharing rental after the sunset period expires. F. An affidavit signed by the property owner attesting that the property to be used for short-term home sharing rental is the owner's primary residence as defined in Section 4-15-2. 5 61 G. Such other information as required by the Administrative Guidelines or as the Director deems reasonably necessary to administer this Chapter. H. The Short-term Home Sharing Permit Application must be signed by the property owner and notarized. I. An application for a Short-term Home Sharing Rental Permit must be accompanied by a fee established by resolution of the City Council. 4-15-5: PERMIT EXPIRATION A. Applications for Short-term Home Sharing Rental Permits will be accepted for a pilot period commencing within 30 to 60 days after the Los Angeles County Health Officer's order of June 12, 2020, or any subsequent order, which prohibits short-term rentals in occupied units, is rescinded or amended to once again permit short-term rentals in occupied units, and ending 15 months after the program begins. B. Upon a change of property ownership, the Short-term Home Sharing Rental Permit will automatically expire. For purposes of this Chapter, a change of ownership has the definition set forth in Revenue and Taxation Code section 60 et seq. 4-15-6: REVIEW OF PERMIT APPLICATION An application for a Short-term Home Sharing Rental Permit that meets the conditions of permit issuance described in Section 4-15-7 must be approved. An application for a Short-term Home Sharing Rental Permit must be denied if any information submitted by the applicant in connection with the application is materially false. Further, a permit may not be issued for any dwelling that is delinquent in the payment for its associated water service. 4-15-7: CONDITIONS OF PERMIT ISSUANCE AND OPERATIONAL CONDITIONS A. All Short-term Home Sharing Rental Permits are subject to the following standard conditions: 1. No Short-term Home Sharing Rental Permit may be issued for a dwelling unit that does not serve as the property owner's primary residence. A host can only have one primary residence. 2. Parking must be provided on-site at a ratio of not less than one parking space per bedroom in the main residence/unit on the parcel and must be available for use by the short term rental guest(s). Parking spaces may include garage or driveway spaces. Tandem parking spaces are acceptable provided each tandem space measures at least 9 feet by 20 feet and does not extend into any sidewalk or other public right-of-way. If any of the required parking is [1 .A provided in a garage, each garage space must be kept clear of debris and able to accommodate a vehicle at all times. 3. The home sharing unit must at all times provide operable basic health and safety features, including fire extinguishers, smoke detectors, and carbon monoxide detectors. 4. The property of the home sharing unit shall be maintained in a clean and sanitary condition. Trash and refuse shall not be left outdoors and shall not be left stored within public view, except in proper containers for the purpose of collection by the trash collectors. 5. No signs or displays advertising a home sharing unit are allowed on the subject property. 6. The owner must maintain a transient occupancy registration certificate and must ensure the timely remittance of all transient occupancy taxes due in accordance with Title 3, Chapter 4 of this Code. 7. A home sharing unit is for overnight lodging accommodations only and may not be used for, or advertised for use for weddings, parties, bachelor or bachelorette parties, conferences, or similar events. The owner is responsible for the content of all advertising with respect to the home sharing unit. At no time during a home sharing stay may the total number of rental guests and invitees of such guests on the subject parcel exceed 6, excluding children. 8. The total occupancy of each home sharing unit may not exceed two adult guests for each bedroom available for home sharing. The applicable maximum occupancy must be included in every advertisement, posting, and listing for a home sharing unit. 9. The Short-term Home Sharing Rental Permit number must be included in every advertisement, posting, and listing for a home sharing unit. 10. An accessory dwelling unit may not be used for short-term rental. 11. The short-term rental of space within any dwelling unit or garage for the purpose of storing personal property for compensation is prohibited in all residential zones. B. Home sharing in the R-2 Zone: Home sharing is permitted in the residential unit that is the primary residence of the property owner. C. Home sharing in the R-3 Zone: Home sharing is permitted in the residential unit that is the primary residence of the property owner. 7 63 D. A Short-term Home Sharing Rental Permit may not be issued if a Short- term Home Sharing Rental Permit for the unit was previously revoked pursuant to section 4-15-11(C) or (D) within the previous 12 months. E. The City Manager and the Director have the authority to impose additional standard conditions, applicable to all home sharing units, as necessary to achieve the objectives of this Chapter. F. The City Manager and the Director have the authority to impose additional conditions on any permit in the event of any violation of the conditions of the permit or the provisions of this Chapter. G. The Director may direct a hosting platform to remove a listing for any unpermitted home sharing or short-term rental unit or for any home share unit that had its permit revoked or suspended pursuant to this chapter. 4-15-8: REGISTRY All owners and their respective property permitted for home sharing pursuant to this Chapter will be listed on a registry created by the City and updated periodically. The City shall make a copy of the registry available electronically to any person upon request. 4-15-9: HOSTING PLATFORM RESPONSIBILITIES A. Unless an alternative arrangement is authorized by the Administrative Guidelines, a hosting platform shall be responsible for collecting all transient occupancy taxes applicable to bookings completed through the hosting platform and for remitting the same to the City. The hosting platform shall be considered an agent of the owner for purposes of such transient occupancy tax collections and remittance responsibilities as set forth in Title 3, Chapter 4 of this Code. B. The hosting platform shall require the host to input the home share unit's corresponding Short-term Home Sharing Rental Permit number, consistent with the City's alphanumeric format, before the listing can be displayed. Any short-term rental unit listing that predates this ordinance and that does not have a corresponding Short-term Home Sharing Rental Permit number shall be removed by the hosting platform consistent with this Section. C. A hosting platform shall not complete any booking transaction for any residential property or unit unless it is listed on the City's registry created under Section 4-15-8 at the time the hosting platform receives a fee for booking the transaction. Upon request from the Director made in a manner specified in the Administrative Guidelines, the hosting platform must remove a home share or short-term rental listing or take other action consistent with the Administrative Guidelines. M ME D. On a quarterly basis, the hosting platform shall provide the City with a report detailing the total number of nights all home sharing units were rented through the platform during the applicable reporting period. E. A hosting platform shall not collect or receive a fee or other financial benefit, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to an unregistered home sharing unit, including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the residential property or unit. F. Safe Harbor. A hosting platform shall be presumed to be in compliance with this Chapter if it does either of the following: 1. Operates in compliance with subsections (A), (B), (C)', (D), and (E) above, or 2. Complies with the Administrative Guidelines issued by the Director and approved by the City Council that describe how the hosting platform must satisfy the hosting platform responsibilities in this Chapter. G. The provisions of this Section shall be interpreted in accordance with otherwise applicable State and Federal laws and will not apply if determined by the City to be in violation of, or preempted by, any such laws. 4-15-10: PROHIBITIONS A. It is unlawful to offer, operate, maintain, authorize, aid, facilitate or advertise the home sharing of any portion of any residential dwelling unit in the city without a valid Short-term Home Sharing Rental Permit. B. It is unlawful to offer, operate, maintain, authorize, aid, facilitate or advertise the short-term rental of any portion of any residential dwelling unit in the city, other than for home sharing. C. It is, unlawful to operate or maintain a home sharing unit in violation of Section 4-15-7. D. Only a qualifying residential dwelling unit or portion thereof may be made available for home sharing subject to this Chapter and Title 15. E. It is unlawful to offer, operate, maintain, authorize, aid, facilitate or advertise the short-term rental of any place or vehicle, other than a permitted home sharing unit, for purposes of overnight lodging (for example, a tree house, recreational vehicle, tent, etc.) 4-15-11: ENFORCEMENT; PENALTIES A. Any person who violates any provision of this Chapter, or any hosting platform that fails to meet its obligations under Section 4-15-9, is guilty of either (i) 65 an infraction which shall be punishable by a fine not exceeding $2,500 for the first violation and $5,000 for each additional violation within a twelve-month period, or (ii) a misdemeanor which shall be punishable by a fine not exceeding $1,000 or by imprisonment in the county jail for not more than six months, or by both. B. Any person who violates any provision of this Chapter, or hosting platform that violates its obligations under Section 4-15-9, shall be subject to administrative citations and penalties pursuant to Title 1, Chapter 2A of this Code. C. If the property upon which a short-term home sharing rental unit is located is the subject or the site of two violations of any of the provisions of this Chapter, or of Chapters 1, 2, or 13 of Title 7, or any combination thereof, the Short-term Home Sharing Rental Permit for the unit shall be automatically revoked. In such a case, no new Short-term Home Sharing Rental Permit may be issued for the subject dwelling unit for the remaining period of the pilot program. For purposes of this section, the automatic revocation shall become effective as of the date the second citation becomes final (i.e., the time for administrative and/or judicial review has passed or final judgment of a court has been entered upholding the citation). D. In addition to the penalties set forth herein, if the short-term home sharing rental property is the site of a loud or unruly gathering in violation of Section 7-12- 3 that results in the issuance of an administrative citation or criminal charge, the Short-term Home Sharing Rental Permit shall be automatically revoked if and when the administrative citation becomes final (i.e., the time for administrative or judicial review has passed or final judgment of a court has been entered upholding the citation) or a criminal conviction is obtained. E. The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the City's use or application of any other remedies, penalties or procedures established by law. 4-15-12: REMEDIES NOT EXCLUSIVE The remedies listed in this Chapter are not exclusive of any other remedies available to the City under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. 4-15-13: SUNSET PROVISION This Chapter shall remain in effect until the earlier of this ordinance being rescinded, or 15 months after it starts. The sunset or repeal of any provision of this Chapter does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before effective date of the sunset or repeal of the Chapter. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of the repeal." 10 SECTION 6: The following definitions are added in alphabetical order to section 15-1-6 of the EI Segundo Municipal Code as follows: "HOME SHARING: Renting, for a period of 30 consecutive days or less, of one or more bedrooms in a dwelling unit that is the primary residence of the host, while the host lives on site, in the dwelling unit, throughout the transient user's stay." "HOME SHARING UNIT: A dwelling unit that is made available for home sharing. A home sharing unit has historically been, and continues to be, included in the definition of "hotel" for purposes of Title 3, Chapter 4 of this Code." "LIVES ON-SITE: Maintains a physical presence in the dwelling unit including, all of the following: the storing of one's clothes and other personal effects, sleeping overnight, preparing and eating meals, and engaging in other activities of the type typically engaged in by a person residing in a dwelling unit." "SHORT-TERM RENTAL: The rental of any portion of any structure for occupancy, dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less." SECTION 7: Subsection (J) of Section 15-4A-2 of the EI Segundo Municipal Code is deleted and replaced as follows: "J. On compliant parcels only, home sharing of a permitted single-family dwelling unit, or portion thereof, when conducted in accordance with a valid Short- term Home Sharing Rental Permit issued pursuant to Title 4, Chapter 15 of this Code. This subsection will automatically sunset 15 months after the pilot program established by Chapter 4-15 commences. For purposes of this subsection, a compliant parcel is one that provides off-street parking on the parcel at a ratio of not less than one parking space per guest bedroom in the residence on the parcel. Parking spaces may include garage or driveway spaces. Tandem parking spaces are acceptable provided each tandem space measures at least 9 feet by 20 feet and does not extend into public right-of-way. 2. Home sharing is not a permitted use in the absence of a valid Short-term Home Sharing Rental Permit. 3. An accessory dwelling unit may not be used for home sharing or as a short-term rental." SECTION 8: Subsection (D) of Section 15-413-2 of the EI Segundo Municipal Code is added as follows: "D. On compliant parcels only, home sharing of a permitted single-family dwelling unit, two-family dwelling or duplex, or portion thereof, when conducted in accordance with a valid Short-term Home Sharing Rental Permit issued pursuant 11 67 to Title 4, Chapter 15 of this Code. This subsection will automatically sunset 15 months after the pilot program established by Chapter 4-15 commences. For purposes of this subsection, a compliant parcel is one that provides off-street parking on the parcel at a ratio of not less than one parking space per guest bedroom in the residence on the parcel. Parking spaces may include garage or driveway spaces. Tandem parking spaces are acceptable provided each tandem space measures at least 9 feet by 20 feet and does not extend into public right-of-way. 2. Home sharing is not a permitted use in the absence of a valid Short-term Home Sharing Rental Permit. 3. An accessory dwelling unit may not be used for home sharing or as a short-term rental." SECTION 9: Subsection (H) of Section 15-4C-2 of the El Segundo Municipal Code is added as follows: "H. On compliant parcels only, home sharing of a permitted single-family dwelling unit, two-family dwelling duplex, multi -family or portion thereof, when conducted in accordance with a valid Short-term Home Sharing Rental Permit issued pursuant to Title 4, Chapter 15 of this Code. This subsection will automatically sunset 15 months after the pilot program established by Chapter 4- 15 commences. For purposes of this subsection, a compliant parcel is one that provides off-street parking on the parcel at a ratio of not less than one parking space per guest bedroom in the residence on the parcel. Parking spaces may include garage or driveway spaces. Tandem parking spaces are acceptable provided each tandem space measures at least 9 feet by 20 feet and does not extend into public right-of-way. 2. Home sharing is not a permitted use in the absence of a valid Short-term Home Sharing Rental Permit. 3. An accessory dwelling unit may not be used for home sharing or as a short-term rental." SECTION 10: CONSTRUCTION. This ordinance must be broadly construed in order to achieve the purposes stated in this ordinance. It is the City Council's intent that the provisions of this ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this ordinance. SECTION 11: ENFORCEABILITY. Repeal of any provision of the ESMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance. 12 .: SECTION 12: VALIDITY OF PREVIOUS CODE SECTIONS. If this entire ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance by this ordinance will be rendered void and cause such previous ESMC provision or other the city ordinance to remain in full force and effect for all purposes. SECTION 13: SEVERABILITY. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this ordinance are severable. SECTION 14: The City Clerk is directed to certify the passage and adoption of this ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this ordinance, cause it to be published or posted in accordance with California law. 13 We SECTION 15: This ordinance will take effect 30 days after its passage and adoption. PASSED AND ADOPTED this day of APPROVED AS TO FORM: Mark D. Hensley, City Attorney ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) .2020. Drew Boyles, Mayor I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of 2020, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2020, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Weaver, City Clerk 14 WE CITY OF EL SEGUNDO SHORT-TERM HOME SHARING RENTAL PERMIT PILOT PROGRAM ADMINISTRATIVE GUIDELINES July 21, 2020 71 72 CONTENTS Part 1 PURPOSE Pagel Part 2 REGISTRATION AND PERMITS Page 2 Part 3 HOST RESPONSIBILITIES Page 6 Part 4 OPERATIONS Page 7 Part 5 PILOT PROGRAM TERMINATION Page 8 Part 6 PROHIBITIONS Page 10 Part 7 CITATIONS AND PERMIT REVOCATION Page 11 Part 8 HOSTING PLATFORM RESPONSIBILITY Page 12 Part 9 GOALS AND PERFORMANCE METRICS Page 13 Part 10 DEFINITIONS Page 16 Part 11 HOME SHARING RESOURCES Page 18 APPENDICES A: FORMS B: APPLICATION CHECKLIST Page 19 Page 26 73 PART 1 -PURPOSE These Administrative Guidelines are for the purpose of implementing EI Segundo's Short -Term Home Sharing Rental (STHSR) Permit Pilot Program, as established by Ordinance No. 1614. These Guidelines reflect the City's application of the Ordinance and provide detail on how property owners, hosts and hosting platforms can comply with the requirements of the Ordinance during the term of the pilot program. These guidelines apply to the 15 -month pilot program which will begin at a date to be named within 60 days from the lifting of Los Angeles County Health Officer's order issued on June 12, 2020, that prohibits home sharing. City of EI Segundo I Home -Share Administrative Guidelines Page 1 July 21, 2020 74 PART 2 -REGISTRATION AND PERMITS ELIGIBILITY REQUIREMENTS Single family homes that are owner occupied and are the primary residence of the owner are eligible for home sharing. Additionally, residential units that are the primary residence of the property owner on two—family and multi- family properties are also eligible locations for short-term home sharing in EI Segundo. The Director of Planning, Building and Safety has discretion to allow structures that are not attached to a single family residential structure and contain no kitchen facilities, but have building permits and comply with the Building Code for being a habitable bedroom, to be eligible for STHSR permits. The person renting such a structure must allow the renter access to all common areas in the home, including a bathroom and the kitchen. PERMITTING PROCESS A prospective host must obtain from the City both a business license and a STHSR permit, which are applied for together. Applications will be received at any time after the program implementation date, but all permits will expire at the end of the pilot program regardless of when the application is made. To apply for a STHSR permit, an applicant can find all the necessary forms online at elsegundo.org/TBD, or at City Hall. Online applications may be completed and printed, but during the pilot program all applications must be submitted in person to the Business License counter at City Hall, located at 350 Main Street. Additional documents to establish proof of ownership and residency are required and explained in this document. ESTABLISHING OWNERSHIP AND PRIMARY RESIDENCY Two important initial steps in the application process are establishing property ownership and permanent residency. The STHSR Permit Pilot Program Ordinance requires that home sharing be conducted only on a property owner's primary residence. Renters are not eligible for this program. City of EI Segundo I Home -Share Administrative Guidelines Page 2 July 21, 2020 75 If the property ownership is held in a family trust, than at least one of the trustees must reside at the property as their principal residence and be the applicant to be eligible. Any property held by a Partnership, LLC, or other entity may be eligible if one of the owners or members resides at the property as their primary residence. STHSR Permits are not transferrable to new owners nor to other properties. In the event of a sale, or if the property ceases to be the primary residence, the permit becomes void. As part of the application process, a prospective host should show a copy of at least one document that identifies the full name or names of the applicant as owner and the address or tax assessor identification number of the property. Below are examples of documents that are acceptable proof of property ownership: • Recent property tax bill • Recent mortgage statement • Title report To establish primary residency an applicant must associate their property as the place which is the base of their personal life activities. This is accomplished by showing two of the following when making the application: • Valid federal of state -issued photo identification card with name and address that match name and address on application • Passport or Alien Registration Card with name and address that match name and address on application • Valid California voter's registration card or a voter registration status document showing name and home address (may be obtained online at vote rstatus.sos.ca. gov • Valid California vehicle registration certificate showing name and home address • Health insurance or vehicle insurance bill issued in the last six months showing name and home address • Pay stub issued in the last six months showing name and home address City of EI Segundo I Home -Share Administrative Guidelines Page 3 July 21, 2020 76 • Original utility bill issued from City of EI Segundo Water Division, Southern California Gas, or Southern California Edison. Cable, cell phone, or internet provider bills do not qualify. • Copy of a current property tax bill indicating homeowner's exemption OTHER INFORMATION GATHERED After establishing property ownership and primary residency, the application process focuses on ensuring that applicants are aware of the responsibilities of hosts in the program and what activities are not allowed. The first of these is an affidavit sheet, an example of which can be found in the appendix right after the STHSR Permit. On the Sheet the applicant is asked to sign an affidavit stating the following: The applicant is the owner of the property and will reside in the unit to be used for Home -Sharing for at least 183 nights per calendar year INSURANCE REQUIREMENT Hosts must also include proof of liability insurance to cover home -sharing with minimum limits of not less than $1,000,000. This requirement may be satisfied if the Host lists only on Hosting Platforms that provide the Host with this level of insurance. In such a case, the Host must provide the City with a copy of the agreement between the Host and the Hosting Platform that evidences the requisite insurance coverage. BUSINESS LICENSE In addition to the STHSR permit application and affidavits mentioned above, as well as the various supporting documents to establish property ownership, primary residency, and insurance coverage, a business tax registration application (business license) is required. This is also available online but during the pilot program must be submitted in person with the other application forms. City of EI Segundo I Home -Share Administrative Guidelines Page 4 July 21, 2020 77 TRANSIENT OCCUPANCY TAX (TOT) REGISTRATION Unless the applicant has the hosting platform they use collect and remit all TOT on their behalf, the applicant must be registered to pay TOT with the City's Business License Division. Regardless of whether a host utilizes a hosting platform that offers to collect and remit TOT on their behalf, the host is ultimately responsible for the, collection and monthly remittance of TOT to the City. City of EI Segundo I Home -Share Administrative Guidelines Page 5 July 21, 2020 78 PART 3 -HOST RESPONSIBILITIES The host is personally responsible for complying with the rules and requirements contained in these guidelines. ADVERTISEMENTS All listings and advertisements must clearly list the City -issued registration number and include the maximum occupancy of the home share unit, which will be shown on the permit. In the event a host's permit is revoked, the host must remove all listings within 24 hours. RESPONSIBLE FOR VIOLATIONS A host is responsible for preventing violations of the Home Share Ordinance, or of Chapters 1, 2, 12, or 13 of Title 7 of the ESMC, arising at the host's residence during home sharing activities. PRESERVE RECORDS The Host shall keep and preserve, for a minimum period of three years, all records regarding each Home -Sharing stay, including the length of stay for each booking and the corresponding rate charged. TRANSIENT OCCUPANCY TAX The host shall maintain a valid transient occupancy registration and must ensure the timely remittance of all transient occupancy taxes due in accordance with ESMC Title 3, Chapter 4. City of EI Segundo I Home -Share Administrative Guidelines Page 6 July 21, 2020 79 PART 4 -OPERATIONS As part of the application process, all applicants must acknowledge these operational guidelines. Once permitted, it is the responsibility of the host to ensure these measures are taken or are maintained in order to remain in good standing with the program. • Only habitable space designated for sleeping may be used for home sharing. • A home sharing unit is for overnight lodging accommodations only and may not be used for, or advertised for use for weddings, parties, bachelor or bachelorette parties, conferences, or similar events. • An accessory dwelling unit may not be used for short-term rental. • The home sharing unit must at all times provide operable basic health and safety features, including fire extinguishers, smoke detectors, and carbon monoxide detectors. • The property of the home sharing unit shall be maintained in a clean and sanitary condition. Trash and refuse shall not be left outdoors and shall not be left stored within public view, except in proper containers for the purpose of collection by the trash collectors. • At no time during a home sharing stay may the total number of rental guests and invitees of such guests on the subject parcel exceed six, excluding children. • The total occupancy of each home sharing unit may not exceed two adult guests for each bedroom available for home sharing. The applicable maximum occupancy must be included in every advertisement, posting, and listing for a home sharing unit. • The home sharing permit number must be included in every listing for a home sharing unit. City of EI Segundo I Home -Share Administrative Guidelines Page 7 July 21, 2020 80 • Parking must be provided at a ratio of not less than one space per bedroom in the residence and must be available for use by the rental guest. Parking spaces may include garage or driveway spaces. Tandem parking spaces are acceptable provided each space measures at least 9 by 20 feet and does not extend into the sidewalk or alley. • No signs or displays advertising a home sharing unit are allowed on the property. • The owner must maintain a transient occupancy registration certificate and must ensure the timely remittance of all transient occupancy taxes due in accordance with Title 3, Chapter 4 of the ESMC. • The short-term rental of any space for the purpose of storing personal property for compensation is prohibited in all residential zones. City of EI Segundo I Home -Share Administrative Guidelines Page 8 July 21, 2020 81 PART 5 -PILOT PROGRAM TERMINATION All STHSR permits issued during the pilot period will be valid for the duration of the pilot period, provided the permit is not revoked. The pilot program will run for a period of 15 months unless terminated early by the City Council. All permits expire on the day the pilot program ends, regardless of when a permit is issued. STHSR permits issued during the pilot period do not automatically renew. If a host no longer resides in the residence used for home sharing or is no longer the property owner, the host must inform the City's Licensing Division at taxi nguiries@elsegundo. o_rQ within 15 days from the date when the unit was sold or no longer the owner's Primary Residence. City of EI Segundo I Home -Share Administrative Guidelines Page 9 July 21, 2020 82 PART 6 -PROHIBITIONS The following activities are prohibited and considered violations that may result in citation or revocation of the permit. • Making materially false statements or omissions on the STHSR permit application or in connection with any enforcement action by the city relating to home sharing • Advertising without registration number and maximum occupancy • Operating a home share without a valid home -sharing permit and business license • Exceeding occupancy limits • Hosting more than one home sharing unit Renting a home share without living on-site during the rental period • Renting a unit that is not your primary residence • Renting an accessory dwelling unit (ADU) • Offering home share in areas outside the residence • Failing to ensure that basic health and safety features are provided • Failing to actively prevent nuisances • Failing to maintain adequate liability insurance • Using the permit for uses other than for overnight lodging • Failing to collect and remit TOT City of EI Segundo I Home -Share Administrative Guidelines Page 10 July 21, 2020 83 PART 7 -CITATIONS AND PERMIT REVOCATION Any host violating any provision of the STHSR Permit Ordinance, or a hosting platform that violates its obligations stated in the STHSR Permit Ordinance, shall be subject to administrative citations and penalties pursuant to ESMC Sections 1-2A and 4-15-11. GENERAL REVOCATION Violating any of the provisions of ESMC Chapter 4-15, or of Chapters 1, 2, or 13 of Title 7, or any combination thereof, shall be cause for citation of up to $2,500 for first offence and $5,000 for second offence. If the property upon which a Short -Term home sharing rental unit is located has been the subject of two citations that have become final during the term of the host's home - sharing permit or business license, the home -sharing permit shall be automatically revoked. In such a case, no new STHSR permit may be issued for the subject dwelling unit for the remaining period of the pilot program. The revocation shall become effective as of the date the second citation becomes final (i.e., the time for administrative or judicial review has passed or final judgment of a court has been entered upholding the citation). LOUD OR UNRULY GATHERINGS If the STHSR property is the site of one loud or unruly gathering in violation of ESMC Section 7-12-3 that results in the issuance of an administrative citation or criminal charge, the STHSR permit shall be automatically revoked if and when the administrative citation becomes final (i.e., the time for administrative or judicial review has passed or final judgment of a court has been entered upholding the citation) or a criminal conviction is obtained. City of EI Segundo I Home -Share Administrative Guidelines Page 11 July 21, 2020 84 PART 8 -HOSTING PLATFORM RESPONSIBILITY TRANSIENT OCCUPANCY TAXES A hosting platform shall collect all transient occupancy taxes (TOT) applicable to bookings completed through the hosting platform unless the City and the owner enter into an agreement whereby the owner fulfils the requirements of Title 3, Chapter 4 of the EI Segundo Municipal Code. Absent such agreement, the hosting platform shall be considered an agent of the owner for the purposes of TOT collections and remittance responsibilities set forth in Title 3, Chapter 4 of the EI Segundo Municipal Code. A hosting platform shall report aggregate information on the tax return form prescribed by the City, including an aggregate of gross receipts, exemptions and adjustments, and taxable receipts of all TOT collected and remitted to the City by the hosting platform. The City may audit a hosting platform on an anonymized transaction basis, but the hosting platform shall not be required to produce any personally identifiable information relating to any owner or guest or relating to any booking transaction without binding legal process served only after the City has made reasonable attempts to complete an audit of the hosting platform with respect to such users. MANDATORY STHSR REGISTRATION FIELD INPUT BEFORE PUBLISHING Beginning no later than 60 days after applications for STHSR Permits are available as set forth in Section 4-15-5, a hosting platform shall include a designated field in its listing flow that requires a host to input their Short -Term rental permit number for their listing on the hosting platform. Beginning no later than 45 days after the implementation of the hosting platform's mandatory field, a hosting platform shall take down, on a one-time City of EI Segundo I Home -Share Administrative Guidelines Page 12 July 21, 2020 85 basis, any Short -Term rental listing that does not have a STHSR Permit number as required by these Guidelines. The Mandatory Field will be formatted in alignment with the format of the City issued STHSR permit. ROLLING NOTICE AND TAKEDOWNS City -issued notice and hosting platforms takedowns of unregistered Short - Term rental listings. Beginning no later than 45 days after effective hosting platform's takedown of Short -Term rental listings as set forth in this Part, upon written notification and documentation from the City that a Short -Term rental listing does not have a valid STHSR permit number, a hosting platform shall deactivate the Short -Term rental listing from its website within seven business days. The City's written notification and documentation to the hosting platform to initiate the hosting platform's takedown of unregistered listings shall consist of an Excel or CSV document that provides the unlicensed Short -Term rental listing ID. Upon written notification from the City that a deactivated Short -Term term rental unit is in compliance, the hosting platform may reactivate the Short - Term rental listing. DATA SHARING The hosting platform shall provide the City a report of the total number of nights all Short -Term rental units were rented through the hosting platform each quarter. The first reporting period will begin no later than 60 days after applications are available as set forth in Section 4-15-5 of the Ordinance. Each report shall be delivered to the Finance Department by close of business on the last day of the month of the applicable reporting quarter. City of EI Segundo I Home -Share Administrative Guidelines Page 13 July 21, 2020 86 PART 9 -DATA AND PERFORMANCE METRICS The STHSR Permit Pilot Program will create a lot of data for analysis. QUANTITATIVE DATA: • Number of permits issued • Total Number of nights booked • Revenue generated by program o STHSR permit fees collected o Business Tax Collected from program o TOT collected from program o Citations, fines, and other penalties collected or pending • Cost to administer the pilot program o Staff costs, by category (administrative, enforcement, etc.) o Consultant cost o Legal costs (if any) • Number of complaints received, by type o Percent of complaints attributable to units with permit • Number of permits revoked • Number of short—term rental properties discovered without permits o Number which are whole house rentals o Number which, after receiving notice, applied for STHSR permit o Number which, after receiving notice, repeated violation o Number which, after repeat citations are being prosecuted SPATIAL DATA, (presented as heat maps): • Distribution of permits • Distribution of nights booked • Distribution of unpermitted short-term rentals • Distribution of citations City of EI Segundo I Home -Share Administrative Guidelines Page 14 July 21, 2020 87 PERFORMANCE METRICS To measure the success of the pilot program and its usefulness as a precedent for a permanent future program, four metrics should be derived from the data and analyzed. 1: PARTICIPATION IN THE PROGRAM IS HIGH The number of STHSR permits issued should be three time greater than the number of short-term rental operators discovered without a permit during the pilot program. 2: WARNING LETTERS RESULT IN NEW APPLICATIONS OR STOPPING ILLEGAL RENTAL ACTIVITY The number of applications that result from a warning letter should be greater than the number of repeat offenders. 3: IMPACTS ARE FAIRLY DISTRIBUTED Both STHSR permits and short-term rental citations should show a similar distribution within the city, and no neighborhood should suffer a disproportionate burden of enforcement issues compared to other neighborhoods. 4: COSTS ROUGHLY EQUAL REVENUE The total cost to operate the program, excluding prosecutions, should be no more than, nor no less than, 20% of revenue the program generates. The information revealed from these metrics will indicate if there are structural problems in the pilot program. Analysis of the other available data should help to find likely causes of the problems. At the six month status report, additional goals and measurements may become apparent and can be added to the final report. City of EI Segundo I Home -Share Administrative Guidelines Page 15 July 21, 2020 88 PART 9 -DEFINITIONS ACCESSORY DWELLING UNIT (ADU): A dwelling unit as defined by State Law in Government Code Section 65582.2, or as may be defined in Section 15-1-6 of the ESMC, as amended from time to time. ADMINISTRATIVE GUIDELINES: Regulations promulgated by the Director and approved by the City Council that may include, but are not limited to, application requirements, interpretations, conditions, reporting requirements, hosting platform safe harbor requirements, enforcement procedures, and disclosure requirements to implement the provisions of the Home Sharing Permit, Pilot Program. BOOKING: A reservation for home sharing. BOOKING TRANSACTION: Any reservation or payment service provided by a person who facilitates a transaction for home sharing between a prospective transient user and a host. CHILD or CHILDREN: A person or persons under the age of 13. DWELLING UNIT: Any building or portion thereof that is used as a complete, independent living facility for one or more persons containing permanent provisions for living, sleeping, eating, cooking, and sanitation, as required by the California Building Code. HOME SHARING: Renting, for a period of 30 consecutive days or less, of one or more bedrooms in a dwelling unit that is the primary residence of the host, while the host lives on site, in the dwelling unit, throughout the transient user's stay. Home sharing is also considered to be a Short -Term rental. HOME SHARING UNIT: A dwelling unit that is made available for home sharing. HOST: Any person who is an owner of a property containing the residential dwelling unit offered for use as home sharing. HOSTING PLATFORM: A person or entity that participates in the transient rental business by providing booking services through which an operator may offer a transient rental unit. Hosting platforms usually, though not City of EI Segundo I Home -Share Administrative Guidelines Page 16 July 21, 2020 89 necessarily, provide booking services through an online platform that allows an operator to advertise the transient rental unit through a website provided by the hosting platform and the hosting platform conducts a transaction by which potential renters arrange use and payment, whether the renter pays rent directly to the operator or to the hosting platform. LISTING: A webpage or advertisement (online or otherwise) for a home - share or other overnight rented stays (including stays located at Hotels) located on a Hosting Platform or other online platform(s), including the web URL, metadata and other attributes. LIVES ON-SITE: Maintains a physical presence in the dwelling unit including, without limitation, all of the following: the storing of one's clothes and other personal effects, sleeping overnight, preparing and eating meals, and engaging in other activities of the type typically engaged in by a person residing in a dwelling unit. OWNER: The person, persons, or a trustee of a family trust, which holds legal or equitable title to a property used for home sharing. PERSON: A natural person. PRIMARY RESIDENCE: The residential unit where an owner resides for at least 183 nights per year. A host or owner can only have one primary residence. REGISTRATION NUMBER: A unique identification number provided by the City through issuance of a Short -Term Home Sharing Rental Permit that is associated with a completed and approved Short -Term Home Sharing Rental Permit application. The number may be used only by the authorized Host for the valid registered unit. SHORT-TERM RENTAL: The rental of any portion of a dwelling unit for occupancy, dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less. SHORT-TERM RENTAL UNIT: A portion of a dwelling unit that is made available for home sharing or Short -Term rental. A Short -Term rental unit has historically been, and continues to be, included in the definition of "hotel" for purposes of Title 3, Chapter 4 of the ESMC. City of EI Segundo I Home -Share Administrative Guidelines Page 17 July 21, 2020 90 PART 10 -HOME -SHARING RESOURCES Short -Term Home Sharing Rental Permit Pilot Program Ordinance elseg undo. org/government/departments/plann ing-and-bu ild ing-safey- department Transient occupancy tax information else undo.or / overnment/de artments/finance/business- services/transient-occu anc -tax-tot Water billing information else undo.or 1 overnment/de artments/finance/business-services/water- billing EI Segundo Municipal Code hftps://www.sterlingcodifiers.com/codebook/index.php?book id=587 City of EI Segundo i Home -Share Administrative Guidelines Page 18 July 21, 2020 91 APPENDIX A FORMS The following forms and handouts are needed by a prospective host to apply for a STHSR permit during the pilot program. These forms are available online and can be filled out prior to printing and being brought to City Hall to start the application process. • Short -Term Rental Home Sharing Permit Application • STHSR Affidavit • Business Tax Registration Application • Transient Occupancy Tax Information Handout • STHSR Permit Summary of Fees City of EI Segundo I Home -Share Administrative Guidelines Page 19 July 21, 2020 92 • City of El Segundo Applicatioii for Short -Term Home Sharing Rental Permit PROPERTY OWNER INFORMATION Ownerrs Name: Owner's Address: Phone No.: 24 -Hour Emergency Phone No.: PROPERTY INFORMATION Total Bedrooms in the House: No. of Bedrooms to be used for Home Sharing: No, of Garage Parking Spaces: No. of Driveway Parking Spaces: Total Parking Spaces On Site: Description of Home Sharing Accommodations: Websites and Name of Platforms where Home Sharing will be listed: In connection with my request for a Short -Term Home Sharing Rental Permit at the above address, I hereby agree to the following conditions: 1. This Short-term Home Sharing Rental Permit is valid duringthe pilot period established by Ordinance No. 1614, which will expire on , unless terminated by the city priorto that date, 2. No Short-term Home Sharing Rental Permit may be issued for a dwelling unit that does not serve as the property owner's primary residence. A host can only have one primary residence, and must reside on-site of the home share unit. 3. Parking must be provided on-site at a ratio of not less than one parking space per bedroom in the main residence/unit on the parcel and must be available for use by the short term rental guest(s). Parking spaces may include garage or driveway spaces. Tandem parking spaces are acceptable provided each tandem space measures at least 4 feet by 20 feet and does not extend into any sidewalk or other public right-of-way. if any of the required parking is provided in a garage, each garage space must be kept clear of debris and able to accommodate a vehicle at all times. 4. The home sharing unit must at all times provide operable basic health and safety features, including fire extinguishers, smoke detectors, and carbon monoxide detectors. 5. The property of the home sharing unit shall be maintained in a clean and sanitary condition. Trash and refuse shall not be left outdoors and shall not be left stored within public view, except in proper containers for the purpose of collection by the trash collectors, 6. No signs or displays advertising a home sharing unit are allowed on the subject property. 7. The owner must maintain a transient occupancy registration certificate and must ensure the timely remittance of all transient occupancy taxes due in accordance with Title 3, Chapter 4 of this Code. 8. A home sharing unit is for overnight lodging accommodations only and may not be used for, or advertised for use for weddings, parties, bachelor or bachelorette parties, conferences, or similar events. The owner is responsible forthe content of all advertising with respect to the home sharing unit. At no time during a home sharing stay may the total number of rental guests and invitees of such guests on the subject parcel exceed 6, excluding children. Continued on reverse City of EI Segundo I Home -Share Administrative Guidelines Page 20 July 21, 2020 93 9. The total occupancy of each home sharing unit may not exceed two adult guests for each bedroom available for home sharing. The applicable maximum occupancy must be included in every advertisement, posting, and listing for a home sharing unit. 10. The Short-term Home Sharing Rental Permit number must be included in every advertisement, posting, and listing for a home sharing unit. 11. An accessory dwelling unit may not be used for short-term rental. 12. The short-term rental of space within any dwelling unit or garage for the purpose of storing personal property for compensation is prohibited in all residential zones. I hereby agree that the permit to conduct the short-term home share unit at the above address is granted subject to these conditions; that I will operate the short-term home share rental unit in accordance with Municipal Code Chapter 4-1.5; and, that this permit may be revoked for failure to observe any of these conditions or provisions as outlined in Municipal Code Chapter 4-15. 1 declare under penalty of perjury that all information provided on this application is true and correct, that the property is obeying all Federal, State and Local laws, and that I am the owner of the property where the short-term home share unit is located. I agree to indemnity and hold harmless the City of EI Segundo, its officials, officers, employees and agents, from any and all claims, injuries, damages, losses or suits, including reasonable attorney fees, arising out of or in connection with the short-term rental of any portion of my property. This indemnification/hold harmless obligation will survive the expiration or termination of this Permit and the expiration or termination of the City's short-term home sharing rental permit pilot program. Owners Signature Printed Name Date City of EI Segundo I Home -Share Administrative Guidelines Page 21 July 21, 2020 94 AFFIDAVIT I declare and state as follows: The dwelling unit at , in EI Segundo, California, is my primary residence, meaning that I reside at said property at least 183 nights per year. I agree to live on site at the dwelling unit throughout the stay of any transient user that is renting any portion of the dwelling unit. I understand, acknowledge, and agree that the Short -Term Home Sharing Rental Permit pilot program is temporary in nature and that I will not acquire, or claim, any vested right to the continued use of any portion of the dwelling unit for short-term home sharing after the pilot program ends. Dated: Signature: City of EI Segundo I Home -Share Administrative Guidelines Page 22 July 21, 2020 95 City of EI Segundo Finance Department 350 Main Street, EI Segundo, CA 90245 (310) 524-2317 Taxlnquiries@elsegundo.org BUSINESS TAX REGISTRATION APPLICATION Please review the instructions on the reverse. NOTE: The issuance of a business tax certificate reflects that the business tax has been paid. It is not a certification that the use listed on the application is allowed at the address recorded on business tax certificate. Please verify with the Planning/Building & Safety Department that the proposed use is allowed on the property. PLEASE TYPE OR PRINT CLEARLY ACCOUNT NUMBER Application Type New Application ❑ Business Name/Address Change ❑ Ownership Change Application Update ❑ Business Type Corporation Partnership ❑ Sole Proprietor ❑ LLC LP ❑ Other(Specify): Business Name Business Address (-not be PO Box or Postal Mail Box per California B&P Code Section 17538.5) Number & Street Suite/Apt X Mailing Address Name Telephone Business Llcense C4Dnt2Ct Start Date In EI Segundo NAiC Number of Employees FEIN or SSN SEIN Full Description of Business Activity in EI Segundo List Corporate Officer, Owner or Partner Information Officer, Owner or Partner Name Title 1. 2. 3. Emergency Contact Information (Police and Fire Department Emergency Use) Local Contact Telephone Website FAX city Zip E-mail Business Square Footage Sales Tax (Seller's Permit) Home Address/ City/ State/ Zip Code Full Local Address Home Telephone Home Telephone 1. Additional Information Landlord Name Contact Person Landlord Address Landlord Telephone Does your Business Plan to install/operate an Alarm System? Yes ❑ No ❑ (Please contact the Police [:e attment for permit requirements) Tobacco Sales? Yes ❑ No❑ BOE license # Alcohol Served? Yes ❑ NoL_J ABC Llcense # Will there be Entertainment or Dancing? Yes ❑ No[:] (both require an entertainment permit application, contact the Planning Department) I hereby certify, under penalty of perjury, that I am authorized to complete this form and the above information is true and correct. I have consulted the Planning Department and verified the business activity stated on this application complies with City regulations. Applicant's Signature Title Date Print Applicant's Name Received/Notes: Building/Planning Review Business Tax (3301) $ Penalties/Interest (3306) $ State Mandated AB1379 fee" $ Total Due $ City of EI Segundo I Home -Share Administrative Guidelines July 21, 2020 4.00 Page 23 96 Transient Occupancy Tax (TOT) EI Segundo has contracted with The HdL Companies to provide business - friendly assistance with filing and paying Transient Occupancy Taxes. The HdL Support Center can assist you with any aspect of transient occupancy tax, including return filing, payment, compliance and general support for your tax filing needs. Call toll free for TOT Support: 310-341-2571. Please note: • Any person who occupies or is entitled to occupancy for 30 days or less is defined as a transient If your property is located within the City of EI Segundo and is rented to transient occupants for 30 calendar days or less, you must register, collect and remit the TOT to the City of EI Segundo • Our TOT, applicable to all properties rented to transients, is currently 12 percent. Transient occupancy tax returns may be submitted online or by U.S. mail. To file online, go the elsegundo.hdl oq v.com/ and follow the steps below: • Select Start Now to begin. • Select Renew to file your return. • Attach a copy of your completed TOT return and exemption form. Payments can also be made by electronic check. There are no additional fees for electronic check (e -Check) payments. To file by mail, down the form at elsegundo.hdlgov.com/ mail to: City of EI Segundo TOT Processing Center 8839 N Cedar Ave. #212 Fresno, CA 93720 Please make checks payable to the City of EI Segundo. City of EI Segundo I Home -Share Administrative Guidelines Page 24 July 21, 2020 97 SUMMARY OF FEES STHSR Permit Application Fee $200.00 Business Tax Registration Application Fee $107.70 TOTAL $307.70 City of EI Segundo I Home -Share Administrative Guidelines Page 25 July 21, 2020 98 APPENDIX B APPLICATION CHECKLIST ❑ STHSR Permit Application Form ❑ Proof of property ownership (at least one of following) ❑ Recent property tax bill ❑ Recent mortgage statement ❑ Title report ❑ Proof of primary residency (at least two of following) ❑ A valid federal of state -issued photo ID ❑ Passport or Alien Registration Card ❑ Valid California voter's registration card ❑ Valid California vehicle registration certificate ❑ Health insurance or vehicle insurance bill ❑ Pay stub issued in the last six months ❑ Current property tax bill with homeowner's exemption ❑ Original bill from EI Segundo Water, Gas Company, or SCE ❑ Proof of insurance ❑ Affidavit page ❑ Business Tax Registration Application ❑ Check or credit card for fees City of EI Segundo I Home -Share Administrative Guidelines Page 26 July 21, 2020 99 EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 2020 AGENDA STATEMENT AGENDA HEADING: Continued Public Hearing AGENDA DESCRIPTION: Zone Text Amendment establishing a Short-term Home Sharing Rental Permit Pilot Program to allow and regulate home sharing in the City's residential zoning districts which will run from September 1, 2020, through December 31, 2021. RECOMMENDED COUNCIL ACTION: 1. Introduce by title only and waive further reading of an ordinance allowing home sharing in the City's residential zones through a Home Sharing Rental Permit Pilot Program; and, 2. Schedule second reading and adoption of the ordinance for the next scheduled City Council meeting on July 21, 2020. ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance No. 1614 FISCAL IMPACT: Potential General Fund revenue ranging $45,000 to $75,000, with between $9,000 to $15,000 from permits and business licenses and between $36,000 and $60,000 from Transient Occupancy Taxes (TOT). Revenues may off -set a portion of staff time and consultant costs for an outside monitoring company involved with processing and monitoring applications. Amount Budgeted: None Additional Appropriation: $40,000 for outside consultant to monitor compliance (about $30,000-35,000) and possible overtime for Code Enforcement on weekends and holidays. Account Number(s): 001-300-0000-3301 (Business License) 001-300-0000-3203 (Transient Occupancy Tax) tbd (Short-term Rental Permit) STRATEGIC PLAN COMPLIANCE Goal: 1 Enhance customer service and engagement Objective: 1 City operations are unified and integrated; and, City services are convenient, efficient and user-friendly for all residents and businesses. ORIGINATED BY: Eduardo Schonborn, AICP, Principal Planner REVIEWED BY: Gregg McClain, Planning Manager Sam Lee, Planning and Building Safety Director APPROVED BY: Scott Mitnick, City Manager 1 100 BACKGROUND On March 3, 2020, City Council considered a draft ordinance to create a pilot program to allow and regulate all types of short-term rentals in the City's residential zoning districts through a Short- term Rental Permit Pilot Program. After deliberation, on a 3-0 vote (Councilmember Pimentel recused), City Council directed staff to modify the draft ordinance and return with an ordinance allowing home sharing only. DISCUSSION The attached draft ordinance includes the following components: • Allows home sharing with a City -issued permit; • Limits home sharing to a property owner's primary residence; • Property owner must reside on-site throughout the visitor's stay; • Property owner resides in the unit that is permitted for home sharing; • Eliminates the restrictions on the number of simultaneous bookings; • Eliminates language regarding permit renewals; • Modified conditions that are irrelevant to home sharing; and, • Modified the pilot period to run from September 1, 2020 to December 31, 2021. The process would be similar to that which was presented to City Council in November 2019. The following provides a summary of the home sharing permit process, which begins with submittal of a Short-term Home Sharing Rental Permit application: Short-term Home Sharing Rental Permit application submitted Verify information Review for violations................ ...... Permit approved Short-term Home Share Rental Permit placed on City's Registry Monitor and respond to • complaints Permit expires at end of calendar year — no automatic renewal Reapply PA • Business License • Affidavit of principal residence • General liability insurance ($1 M) Initial permit or renewal denied if: • 2 violations of STIR Ord., and ESMC. in previous 12 months • 1 violation of "Party House" Ord. • Nonpayment of TOT • Nonpayment of water bill • Code Enforcement, P.D., and possible contract vendor to track and respond as necessary • Automatic revocation for 2 STIR violations in 12 -month period or for 1 violation of "Party House" Ord. 101 Step 1 Short-term Home Share Rental Home Sharing Rental Permit Application submitted. Step 2 Staff reviews the application to verify that a business license is pending; the applicant signed the application, which contains conditions that govern operation of a home share and signed the affidavit certifying the location is the applicant's primary residence; and ensures the applicant obtained general liability insurance for the home share. To establish primary residency, the applicant must provide evidence that the property is where the owner resides for at least 183 nights per year. No Home Sharing permit may be issued for a dwelling unit that does not serve as the owner's primary residence. Step -3 Staff coordinates with Finance Department, Code Enforcement, and Police Department staff to determine if there are any violations that would warrant denial of a Home Sharing Permit. The following would warrant denial of a Permit: • Unpaid water bills; • Unpaid TOT; or, • A Home Sharing Permit was revoked within the previous 12 months Step 4 If there are no disqualifying violations, the Home Sharing Permit is approved by staff and will be valid through December 31, 2021. Step 5 Staff creates a registry of approved Short-term Home Sharing Rental Permits. The information will be available to the public upon request, and to hosting platforms. Step 6 During the pilot period, staff will monitor the home sharing locations and will respond to complaints received. It is important to note that not all complaints will be considered a violation since each complaint must be investigated. If a complaint is verified as a violation and warrants issuing a citation, one will be issued. To ensure that citations are afforded due process, only those that are final (the time for administrative and judicial review has passed, or there is final judgment of a court upholding the citation) count toward the limit. In addition to citations, the following events will result in an automatic revocation of a Short-term Home Sharing Rental Permit, and make a property ineligible for another permit for 12 months from the date of revocation: • One citation for violating ESMC Chapter 7-12-1 (Loud and Unruly Gatherings). 102 • Two violations of the Short-term Home Sharing Rental Ordinance (Title 4, Chapter 15), or of Chapters 1 (Nuisances), 2 (Noise and Vibration) or 13 (Social Host Regulations) of Title 7 within the previous 12 months; or, Short-term Home Sharing Rental Application forms will include an affidavit to be signed by each property owner attesting that the dwelling unit is the owner's principal residence. The affidavit will also contain operational conditions that include the following list of operational conditions. This list is derived from the ordinance on Short-term Home Sharing Rental Ordinance and serves to alert property owners of their responsibilities to avoid violations and citations. Short-term Home Sharing Rental Permit Operational Conditions No Short-term Home Sharing Rental Permit may be issued for a dwelling unit that does not serve as the property owner's primary residence. A host can only have one primary residence. 2. Parking must be provided on-site at a ratio of not less than one parking space per bedroom in the main residence/unit on the parcel and must be available for use by the short-term home sharing rental guest(s). Parking spaces may include garage or driveway spaces. Tandem parking spaces are acceptable provided each tandem space measures at least 9 feet by 20 feet and does not extend into any sidewalk or other public right-of-way. If any of the required parking is provided in a garage, each garage space must be kept clear of debris and able to accommodate a vehicle at all times. 3. The short-term home sharing rental unit must at all times provide operable basic health and safety features, including fire extinguishers, smoke detectors, and carbon monoxide detectors. 4. The property of the short-term home sharing rental unit shall be maintained in a clean and sanitary condition. Trash and refuse shall not be left outdoors and shall not be left stored within public view, except in proper containers for the purpose of collection by the trash collectors. 5. No signs or displays advertising a short-term home sharing rental unit are allowed on the subject property. 6. The owner must maintain a transient occupancy registration certificate and must ensure the timely remittance of all transient occupancy taxes due in accordance with Title 3, Chapter 4 of this Code. 7. A short-term home sharing rental unit is for overnight lodging accommodations only and may not be used for, or advertised for use for weddings, parties, bachelor or bachelorette parties, conferences, or similar events. The owner is responsible for the content of all advertising with respect to the short-term home sharing rental unit. At no time during a home sharing stay may the total number of rental guests and invitees of such guests on the subject parcel exceed six, excluding children. 8. The total occupancy of each short-term home sharing rental unit may not exceed two adult guests for each bedroom available for home sharing. The applicable maximum occupancy must be included in every advertisement, posting, and listing for each short-term home sharing rental unit. 4 103 9. The short-term home sharing rental permit number must be included in every advertisement, posting, and listing for a home sharing unit. 10. An accessory dwelling unit may not be used for a short-term rental of any type. 11. The short-term home sharing rental of space within any dwelling unit or garage for the purpose of storing personal property for compensation is prohibited in all residential zones. Step 7 Absent revocation, the Short-term Home Sharing Rental Permit will be valid until December 31, 2021, at which time the Short-term Home Sharing Rental Permit will automatically expire. Step 8 If this use is permitted to continue under a new ordinance past 2021, applicants will reapply for a new Short-term Rental Permit for the following year (2022) under whatever terms the new ordinance permits. Rules in R-2 and R-3 Zones The intent of the ordinance is to allow one short-term home sharing rental on any property developed as a single family home in all residential zones. Therefore, R-2 and R-3 zoned lots developed with two or more units are excluded from home sharing. R-1 lots that have an accessory dwelling unit (ADU) are not excluded, but the ADU may not be rented short-term, only the main house may be shared. The reason for excluding multi -family housing is in part to better ensure owner -occupancy, but also to control the scale of the pilot program. In a small pilot program such as this, successful administration of the program partly rests on establishing a reasonably simple and straightforward set of regulations that staff and the public can both easily understand and comply with. Furthermore, once a consensus was reached on home sharing, as a form of short- term renting, it is not as compatible with multifamily residential as other forms of short-term renting can be. Hosti ig Platform Responsibilities The proposed ordinance includes provisions for hosting platforms, requiring platforms to collect and remit TOT to the City. Other requirements for hosting platforms include: disclosing short-term home sharing rental listings and their locations; and prohibit bookings of rental units that do not have a valid Short-term Home Sharing Permit issued by the City. These provisions stem from a recent federal district court dismissal of a lawsuit filed by Airbnb and Homeaway that challenged the City of Santa Monica's sgort-term rental law.' The lawsuit sought to invalidate portions of the City's law that penalize online platforms for booking unlicensed properties. Potential Revenue Revenue would come from the Business License Fee, Home Sharing Permit Fee, and TOT. Although fees are established by City Council Resolution, the Business License Fee is anticipated to cost approximately $110, while the Short-term Home Sharing Rental Permit Fee will be $206. ' HomeAway.com, Inc. v. City of Santa Monica, (C.D. Cal. June 14, 2018) 2018 WL 3013245. 104 Assuming issuance of 30 to 50 home sharing permits, the potential recurring revenue from permits and licensing could be approximately between $9,000 and $16,000 per year. Revenue from TOT depends on the nightly rate charged, number of nights booked, and number of home shares in operation. With the same assumption of 30 to 50 home sharing units, rented at $100/night for 100 days in the year, the potential recurring TOT revenue could be between $36,000 and $60,000. Potential Use of Monitoring Company In addition to the recommendations above, Planning Commission recommended that City Council consider utilizing a private company that can assist the City with scanning the Internet to identify Short-term Home Sharing advertisements across the multiple online platforms. Staff also considered the duration of the pilot period, and is suggesting the pilot period be extended through December 31, 2021. Staff believes this will provide a full year of monitoring before going back to Planning Commission and City Council. This also allows staff to assess a complete holiday season and a complete summer. CEQA COMPLIANCE The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Class 1 (Existing Facilities) (14 Cal. Code Regs. § 15301), because it involves creating a regulatory process for the permitting and licensing of existing private uses and results in a negligible expansion of uses beyond what already exists in the residential zoning districts. NEXT STEPS If City Council approves the proposed ordinance, staff will return with administrative guidelines at the second reading so that Council is aware of how full implementation of the ordinance will occur. Staff will also finalize an application form and affidavit, and commence accepting applications later this summer. During the pilot period, staff will ascertain whether home sharing rental units may be appropriate over the long-term in residential zones. Staff will monitor the activity and report findings to Planning Commission in fall 2021, along with a recommendation as to how to proceed. Criteria monitored and reported back may include: number of permits issued; number of complaints received; types of complaints; parking issues; and, number of nights. The proposed ordinance was prepared such that if no action is taken next year, the pilot program ends on December 31, 2021, all permits expire, and no new permits or renewals will be issued for subsequent years. CONCLUSION Based on City Council direction, staff prepared the attached ordinance to allow home sharing rental units through a short-term rental permit process for a temporary pilot period. Staff recommends that City Council introduce the ordinance and schedule a second reading and adoption of the ordinance for the next scheduled City Council meeting. 105 EL SEGUNDO CITY COUNCIL MEETING DATE: June 16, 2020 AGENDA STATEMENT AGENDA HEADING: Continued Public Hearing SUPPLEMENTAL STAFF REPORT AGENDA DESCRIPTION: Zone Text Amendment establishing a Short-term Home Sharing Rental Permit Pilot Program to allow and regulate home sharing in the City's residential zoning districts which will run from September 1, 2020, through December 31, 2021. ATTACHED SUPPORTING DOCUMENTS: 1. Los Angeles County Department of Public Health, Order of the Health Official: Reopening Protocol for Hotels, Lodging and Short -Term Rentals: Appendix P: Effective as of Friday, June 12, 2020. 2. COVID-19 INDUSTRY GUIDANCE: Hotels, Lodging, and Short Term Rentals, California Department of Public Health and California Department of Industrial Relations, June 5, 2020. ORIGINATED BY: Gregg McClain, Planning Manager REVIEWED BY: Sam Lee, Planning and Building Safety Director APPROVED BY: Scott Mitnick, City Manager DISCUSSION On June 5, 2020, the State Department of Public Health issued new COVID-19 recovery guidelines that expanded previous guidelines focused on hotels to include short-term rentals. The guidelines recommend county health officers, based on the conditions in their counties, consider adopting some or all of the guidelines as they determine necessary. Last Friday, June 12, The Los Angeles County Health Officer issued a new order that includes the following language: Property manager, timeshare operators, and other rental unit owners and operators are only allowed to rent unoccupied units and cannot rent rooms or spaces within an occupied residence until otherwise notified. The draft ordinance circulated for City Council consideration has specific dates for the pilot program to begin and end. It is possible that the Health Officer's order will significantly overlap the pilot program. To avoid this possibility, the ordinance will be changed in six places prior to adoption to replace the specific start and end dates as follows: "September 1, 2020," will be replaced with language similar to "September 1, 2020, or within 25 working days after the Los Angeles County Health Officer's order prohibiting home sharing short- term rentals is rescinded or amended sufficiently to permit this pilot program to commence." "December 31, 2021" will be replaced with language similar to "15 months after the commencement of the pilot program." 1T EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: July 21, 2020 AGENDA HEADING: Staff Presentation Diversity, Equity, and Inclusion Committee Implementation Recommendations RECOMMENDED COUNCIL ACTION: Authorize establishment of the new Diversity, Equity, and Inclusion Committee, approve implementation recommendations, and add to the City's Local Appointment List pursuant to the California Government Code § 54972. ATTACHED SUPPORTING DOCUMENT: None. FISCAL IMPACT: There will be both direct and indirect fiscal impacts to the General Fund. Direct fiscal impacts will likely be in the $5,000 to $10,000 range for cost of outside consultant and related research and materials expenditures. These costs will likely be absorbed via the existing FY 2019-2020 General Fund Budget and future FY 2020-2021 General Fund Budget. If there are greater financial needs, staff will return to City Council for separate budget appropriation authority. STRATEGIC PLAN COMPLIANCE: Goal: 1 Enhance Customer Service, Engagement, and Communications Objectives: A El Segundo provides unparalleled service to internal and external customers. B El Segundo's engagement with the community ensures excellence. Goal: 2 Support Community Safety and Preparedness Objective: A El Segundo is a safe and prepared community. Goal: 3 Develop as Choice Employer and Workforce Objectives: A El Segundo is a City employer of choice and consistently hires for the future. B The El Segundo workforce is inspired, world-class, engaged, with increasing stability and innovation. Goal: 5 Champion Economic Stability and Fiscal Sustainability Objective: A El Segundo promotes community engagement and economic vitality. PREPARARED BY: Scott Mitnick, City Manager 107 X BACKGROUND: In response to the tragic death of George Floyd while in the custody of a Minneapolis police officer on May 25, 2020, thousands of protests took place across the United States, including several protests in El Segundo. El Segundo residents shared their concerns about local racial diversity issues, inclusion, treatment by police, experiences at local schools, and other matters during several community rallies. Residents also spoke on these topics at the June 3, 2020 City Council meeting. City Council then discussed these issues during a June 11, 2020 closed session meeting. At its June 16, 2020 meeting, City Council directed staff to establish a new Diversity, Equity, and Inclusion ("DEI") Committee in an effort to ensure that these issues are properly identified, discussed, vetted, and ultimately addressed by City Council. Some of the notable comments made by City Council at this meeting included the following: • Establish DEI Committee as an advisory body to the City Council. • Form DEI Committee quickly, although recognizing that the work this Committee will study will take time to thoroughly vet. • Add diversity, equity, and inclusion to City's Strategic Plan. • DEI Committee should help City Council shape future metrics for addressing institutional and systematic racism. • Outcomes must be measurable, accountable, and lasting. • Review City diversity issues through a DEI lens as part of the multi -tiered process. • Inform members of the El Segundo community about this opportunity to participate. DISCUSSION: Since the June 16th City Council meeting, staff has held several internal meetings to discuss Committee purpose, structure, membership application, interview and selection process, initial study topics, initial deliverables (work product) to City Council, timeline, etc. Staff engaged in extensive outreach with the community (youth and adults) to encourage people to apply for the new DEI Committee. To move the process forward, staff recommends the following next steps: Application deadline As of July 15, 2020, over 80 inquiries were made and 41 applications submitted. The DEI Committee application deadline was initially set for July 17, 2020. In response to the high level of interest, and in an effort to ensure that there is a wide net cast to avoid unintentionally excluding anyone from applying, staff extended the deadline to July 31, 2020. Use of a diversity expert In an effort to assist with the interview process, Committee member selection, coordination of Committee meetings, and ensure that substantive recommendations are ultimately provided to City Council, staff recommends use of an outside diversity professional (expert in this field) to guide the process. Committee membership eligibility To serve on this Committee it is recommended that each applicant meet one or more of the following requirements: 1. Resident of El Segundo. 2. Student of a public or private high school in El Segundo. 3. El Segundo property owner. 4. Employed by a business located in El Segundo. Committee applicant interviews Interviews are recommended to take place during the month of August 2020. Number of Committee members & term lengths Total Committee membership is recommended to consist of nine (9) members. The term length for each member is recommended to be three years without term limits. In order to ensure continuity and staggered rotation of membership, it is recommended that initial membership include three (3) two-year terms, three (3) three-year terms and three (3) four-year terms. Appointment date City Council is recommended to approve Committee appointments at either the September 1 or 15, 2020 regular meeting, after the interviews have been completed. First Committee meeting date This will take place as soon as all nine members of the Committee are able to do so (in September or October). A regular meeting schedule will be established at the Committee's first meeting. Committee support Staff support will be provided and coordinated by City Manager's Office. Initially, City Manager and key members of the Executive Team (including the Police Chief) will attend Committee meetings. Other staff will be assigned as needed. As mentioned above, it is recommended that an outside diversity professional be engaged to assist and facilitate Committee formation, interviews, membership selection, coordination of Committee meetings, and recommendations to City Council. 109 Study tonics Based on issues raised during the protests and discussed by local community members, the following initial study topics are recommended: 1. Public Safety (including a review of Police Department policies, practices, training, diversity, and future direction). 2. Citywide Organization (including a review of City government policies, practices, training, diversity, etc.). 3. Community at -large (including a review of City demographic data, history, trends, etc.). 4. Local Economy (including a review of private sector diversity policies, practices, training, etc.). Initial Committee recominendations to City Council If possible, initial Committee recommendations will be presented to City Council in early 2021 _ Committee resolution, bylaws After the Committee is assembled, meeting dates/frequency established, study topics solidified, etc., staff will seek City Council approval of a Committee Resolution, bylaws, and other related initiation documents. TIMELINE: ■ City Council authorization to establish the DEI Committee: July 21, 2020 • Staff selection of an outside professional consultant: ASAP ■ Incorporation of "diversity, equity, and inclusion" in City's Strategic Plan, effective with start of FY 2020-2021: ASAP • Committee membership application deadline: July 31, 2020 • Committee membership interviews: August 2020 ■ Committee membership appointments: September 1 or 15, 2020 ■ Commence Committee meetings: September or October 2020 • City Council approval of Committee to establish Resolution, bylaws, and other related initiation documents: October 2020 • Initial Committee recommendations to City Council: February/March 2021 (or sooner) 110