2022-07-19 CC Agenda Packet SPCSPECIAL AGENDA
EL SEGUNDO CITY COUNCIL
CLOSED SESSION
OPEN SESSION
(Open session will convene when
closed session adjourns)
2:00 PM SPECIAL SESSION
TUESDAY, JULY 19, 2022
COUNCIL CHAMBER
350 Main Street
El Segundo, CA 90245
Drew Boyles, Mayor
Chris Pimentel, Mayor Pro Tern
Carol Pirsztuk, Councilmember
Scot Nicol, Councilmember
Lance Giroux, Councilmember
Tracy Weaver, City Clerk
Matthew Robinson, City Treasurer
Executive Team
Darrell George, City Manager
Barbara Voss, Deputy City Manager
Jaime Bermudez, Police Chief
Michael Allen, Comm. Development Dir
Elias Sassoon, Public Works Director
Aly Mancini, Rec., Parks & Library Dir.
Mark Hensley, City Attorney
Joe Lillio, Chief Financial Officer
Deena Lee, Fire Chief
Rebecca Redyk, HR Director
Scott Kim, Acting IT Director
MISSION STATEMENT:
"Provide a great place to live, work, and visit."
VISION STATEMENT:
"Be a global innovation leader where big ideas take off while
maintaining our unique small-town character."
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 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,
members of 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.
Those wishing to address the City Council are requested to complete and submit to the
City Clerk a "Speaker Card" located at the Council Chamber entrance. You are not
required to provide personal information in order to speak, except to the extent
necessary for the City Clerk to call upon you, properly record your name in meeting
minutes and to provide contact information for later staff follow-up, if appropriate.
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the City Clerk's Office at
310-524-2305. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting.
2
SPECIAL CLOSED SESSION
THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 19, 2022 - 2:00 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 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 City Council to take action on
any item not on the agenda. City Council and/or City Manager will respond to comments
after Public Communications is closed.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
City Council may move into a closed session pursuant to applicable law, including the
Brown Act (Government Code Section §54960, et sue.) for purposes of conferring with
City's Real Property Negotiator, and/or conferring with City Attorney on potential and/or
existing litigation; and/or discussing matters covered under Government Code Section
§54957 (Personnel); and/or conferring with City's Labor Negotiators. §
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -1- matters
Michael Ward vs. City of El Segundo, Workers Compensation Adjudicatory Board
Case No. ADJ 11677036, 11673928, and 11677032.
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2-
matters
1. Employee Organizations: Police Officers' Association (POA) and Firefighters'
Association (FFA).
Agency Designated Representative: Irma Moisa Rodriquez, City Manager,
Darrell George and Human Resources Director, Rebecca Redyk.
CONVENE OPEN SESSION
CALL TO ORDER / ROLL CALL
PLEDGE OF ALLEGIANCE
3
PUBLIC COMMUNICATIONS — (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. 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.
A. PROCEDURAL MOTIONS
Read All Ordinances and Resolutions on the Agenda by Title Only
Recommendation - Approval
B. CONSENT
1. Resolution Allowing Continued Teleconferenced Public Meetings
Recommendation —
1. Approve proposed resolution to continue the City's utilization of relaxed
teleconferencing requirements under the Brown Act.
C. STAFF PRESENTATIONS
2. Amendments to the City's Business License Tax Ordinance to be placed on
the ballot for the November 8, 2022 General Municipal Election
Recommendation —
Adopt a resolution, by at least two-thirds majority, placing amendments
to the City's Business License Tax Ordinance on the ballot for the
November 8, 2022 General Municipal Election (includes an Ordinance
reciting the amendments to the Business License Tax Ordinance).
2. Designate one or more Council Members, to draft ballot argument in
favor r of the ballot measure.
3. Direct City Attorney to draft an impartial analysis of the ballot measure.
4. Approve a resolution approving amendments to Resolution Nos. 5337
and 5338 calling for the November 8, 2022 General Municipal Election
(for transmittal to the Los Angeles County Registrar-Recorder/City
Clerk's Office) for purposes of changing the number of ballot measures
on the ballot for the November 8, 2022 General Municipal Election
from three (3) to four (4) measures.
ADJOURNMENT
CI
POSTED:
DATE:
BY:
TIME:
July 16, 2022
Tracy Weaver
12:00 PM
E L S E GU N D O City Council Agenda Statement
Meeting Date: July 19, 2022
Agenda Heading: Consent
Item Number: B.1
TITLE:
Resolution Allowing Continued Teleconferenced Public Meetings
RECOMMENDATION:
1. Approve the proposed resolution to continue the City's utilization of relaxed
teleconferencing requirements under the Brown Act.
FISCAL IMPACT:
The proposed action would have no significant fiscal impact on the General Fund.
BACKGROUND:
Assembly Bill No. 361 ("AB 361") amended certain provisions of the Ralph M. Brown
Act governing open meetings to allow teleconferencing, including internet-based video
conferencing, in a manner similar to previously -issued gubernatorial executive orders.
AB 361 allows a legislative body to continue utilizing teleconferencing to conduct public
meetings under certain circumstances, provided it makes certain findings outlined in
Government Code § 54953(e). Government Code § 54953(f) allows the municipal, but
not state, legislative bodies to continue such teleconferencing until the earlier of the
lifting of the Governor's state of emergency declaration or December 31, 2023, so long
as certain findings are made every 30 days.
DISCUSSION:
Since the Governor's state of emergency is still effective and the County of Los Angeles
continues to strongly recommend certain masking and social distancing measures, the
necessary findings can be made for the City Council to adopt the proposed Resolution
allowing the continued use of "hybrid" teleconferenced meetings pursuant to
Government Code §§ 54953(e) and 54953(f) for a period of 30 days from the date of
adoption of the propsoed Resolution.
Continued Teleconferencing Resolution
July 19, 2022
Page 2 of 2
CITY STRATEGIC PLAN COMPLIANCE:
Goal 1: Enhance Customer Service, Engagement, and Communication: Embrace
Diversity, Equity, and Inclusion
Objective 1A: El Segundo provides unparalleled service to internal and external
customers.
Objective 1 B: El Segundo's engagement with the community ensures excellence.
PREPARED BY:
Joaquin Vazquez, Deputy City Attorney
REVIEWED BY:
Mark Hensley, City Attorney
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
1. ES- Reso AB 361 Extension 07192022
RESOLUTION NO. -
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL
SEGUNDO FINDING THAT CERTAIN CONDITIONS EXIST TO
CONTINUE CONDUCTING PUBLIC MEETINGS VIA
TELECONFERENCING PURUSANT TO GOVERNMENT CODE
SECTION §§ 54953(e) AND 54953(f).
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds and declares as follows:
A. On March 4, 2020, Governor Gavin Newsom proclaimed a State of
Emergency to exist in California due to the threat of the COVID-19
pandemic and such State of Emergency has not been rescinded by
either the Governor or the California Legislature.
B. This gubernatorial proclamation, among other things, suspended
local government emergency declaration, reporting, and extension
requirements of Government Code § 8630 for the duration of the
COVID-19 pandemic.
C. Effective September 16, 2021, Assembly Bill No. 361 ("AB 361 ") took
effect which, among other things, amends certain provisions of the
Ralph M. Brown Act ("Brown Act") governing open meetings to allow
teleconferencing, including internet-based video conferencing, in a
manner similar to previously issued gubernatorial executive orders.
D. During a proclaimed state of emergency, AB 361 allows a legislative
body, like the City Council, to continue utilizing teleconferencing to
conduct public meetings under certain circumstances, provided the
legislative body makes certain findings.
E. The City Council has previously adopted and made findings to
continue meeting via teleconferencing pursuant to AB 361 and seeks
to make additional findings under Government Code § 54953(e) to
continue such teleconferencing use.
F. The Los Angeles County Department of Public Health issued an
order, effective April 22, 2022, maintaining its position that masks are
"strongly recommended" in indoor settings to prevent transmission of
COVID-19.
G. Following weeks of high case numbers fueled by highly infectious
strains of COVID-19, BA.4 and BA.5, in a July 12, 2022 press
release, the Los Angeles County Department of Public Health has
-1-
recommended "wearing high -quality respirator masks and getting
tested" to slow the spread of COVID 19,
SECTION 2. Teleconferencing; Ratification.
A. Pursuant to Government Code § 54953(e), the City Council has
reconsidered the circumstances of the state of emergency finds as
follows:
1. California continues to be in a declared state of emergency
pursuant to Government Code § 8625 (the California Emergency
Services Act; see Government Code § 54953(e)(3); see also
Governor's Proclamation dated March 4, 2020); and
2. Based upon the most recent Order of the Health Officer for
County of Los Angeles Department of Public Health (dated April
21, 2022 and effective April 22, 2022) and recent public Los
Angeles County Department of Public Health releases, masks
are strongly recommended to curb the spread of COVID-19
(Government Code § 54953(e)(3)(B)(ii)).
B. Accordingly, to protect public health and safety the City Council;
1. Finds that it is in the public interest to conduct City Council
meetings via teleconference as defined by Government Code §
54953;
2. Authorizes City Council members to appear at regular and
special meetings in person; and
3. Authorizes public officials, designated by the City Manager, or
designee, to attend such City Council meetings if presenting
matters to the legislative body or if the official's presence at the
meeting is otherwise deemed necessary by the City Manager or
designee.
C. The City Council will adhere to all requirements of Government Code §
54953 governing teleconferencing during the emergency including,
without limitation, posting agendas; allowing for real-time public
comment via either call -in or internet-based; allowing for written
communications that will be either read or summarized into the record
during the meeting as determined by the City Council; and protecting the
statutory and constitutional rights of all persons appearing before the
legislative body.
SECTION 3. Environmental Review. This Resolution itself and the actions
anticipated herein were reviewed pursuant to the California Environmental Quality
Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the
"CEQA Guidelines"). Based upon that review, this action is exempt from further
review pursuant to CEQA Guidelines § 15269(a) because the protection of public
and private property is necessary to maintain service essential to the public, health
and welfare.
SECTION 4. Reporting. Every 30 days following adoption of this
Resolution, the City Council will reconsider the extension of the teleconferencing
method of public meetings in accordance with Government Code § 54953(e)(3).
Such determinations may be placed on the consent calendar.
SECTION 5. Electronic Signatures. This Resolution may be executed with
electronic signatures in accordance with Government Code §16.5. Such electronic
signatures will be treated in all respects as having the same effect as an original
signature.
SECTION 6. Signature Authority. The,Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy,
is directed to attest thereto.
SECTION 7. Effective Date. This Resolution will take effect immediately
upon adoption and will remain effective unless repealed or superseded.
SECTION & City Clerk Actions. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and
make a record of this action in the meeting's minutes.
PASSED AND ADOPTED this day of
Drew Boyles, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
2022.
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. was duly passed and adopted by said City
Council, approved and signed by the Mayor 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 . 2022, and the same was so passed and adopted by the
following roll call vote:
- 3 -
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK HENSLEY, CITY ATTORNEY
Joaquin Vazquez, Deputy City Attorney
-4-
t.rryOF City Council Agenda Statement
E L E G U N O O Meeting Date: July 19, 2022
Agenda Heading: Staff Presentations
Item Number: C.2
TITLE:
Amendments to the City's Business License Tax Ordinance to be placed on the ballot
for the November 8, 2022 General Municipal Election
RECOMMENDATION:
Adopt resolution placing amendments to the City's Business License Tax
Ordinance on the ballot for the November 8, 2022 General Municipal Election
(includes an Ordinance reciting the amendments to the Business License Tax
Ordinance).
2. Appoint Council Members to draft ballot arguments in favor of the ballot measure.
3. Direct the City Attorney to draft an impartial analysis of the ballot measure.
4. Approve amendments to Resolution Nos. 5337 and 5338 calling for the
November 8, 2022 General Municipal Election (for transmittal to the Los Angeles
County Registrar-Recorder/City Clerk's Office) for purposes of changing the
number of ballot measures on the ballot for the November 8, 2022 General
Municipal Election from three (3) to four (4) measures.
FISCAL IMPACT:
If approved by voters, it is estimated the measure could generate an additional
$3,000,000 in annual revenue beginning with FY 2023-2024. There will be election
costs of approximately $7,500 ($2,513 for the County election and about $4,987 for City
Attorney and staff time) associated with the ballot measure included in the November
2022 election; sufficient funds have been included in the FY 2022-23 Budget; however,
if an additional appropriation is required this will be addressed at mid -year review.
BACKGROUND:
On June 21, 2022, City staff presented proposed submission of a revision to the current
Business License Tax to the City's voters at the City's November 8, 2022 general
Amendments to the City's Business License Tax Ordinance
July 19, 2022
Page 2 of 5
municipal election. Following staff presentation and related City Council deliberation,
City Council directed the Finance Committee to review the revision of the Business
License Tax with staff and return in July during a special City Council meeting to
discuss the revision options and whether to authorize the Business License Tax to be on
the November 8, 2022 ballot.
Government Code § 53724 requires a two-thirds majority vote of the City Council's total
membership to submit the proposed general tax proposition to the voters and a simple
majority (50% + 1) of those casting ballots to approve the measure (the "Measure").
General tax revenues are placed in the City's general fund and are used to fund City -
controlled services, including, without limitation, 911 emergency and safety responses;
retaining local businesses and jobs, maintaining parks and open space, confronting
public health emergencies and natural disasters, public safety; preventing thefts and
property crimes; repairing streets and potholes; and addressing homelessness. The
revenue generated by the Measure would remain in the City to address our
community's unique needs. The spending of the tax would require Council direction
and public disclosure (i.e. through City Council Budget Study Sessions and the Budget
adoption process) and independent financial audits.
DISCUSSION:
Business License Tax Measure
The City of El Segundo's current Business License Tax ("BLT") program is detailed in
Title 4 of the El Segundo Municipal Code. Most of the current language in Title 4 was
developed in the 1940s, 60s and 70s, with revisions taking place by Ordinance in 1988,
1996, and 2000. The City's current Business License Tax program classifies businesses
in seventy business categories, including a "Business General -catch all" classification
for business types that cannot be categorized in any of the seventy descriptions. The
City's Business License Tax program has not been updated to capture the new
businesses and service models that exist in today's new economy. By updating the
City's code, these new economic business models will become more appropriately
identified in the code, better serviced, and more effectively assessed.
Staff has drafted a revision and update to the Business License Tax classifications, as
well as proposed a more simplified tax rate by streamlining the tax structure. In addition
to the tax structure, the City currently offers a sales and use tax credit to businesses to
offset the cost of the Business License Tax. In 2010, Measure N passed (1587/769) and
the Sales Tax Credit was reduced from 50% to 40% (Ordinance 1439). The current
structure of this credit permits businesses to utilize this credit each year without a
sunset date. This credit is based solely on the 1 % local sales and use tax allocated to
the City and is calculated on the actual amount of sales and use tax received by the City
that was generated by the business. The STC may offset up to 100% of the Business
License Tax owed by a business. Staff performed a fiscal impact analysis on the current
Amendments to the City's Business License Tax Ordinance
July 19, 2022
Page 3 of 5
STC from 2014 to 2021 and determined that businesses utilize an average of $1.25
million in sales tax credit to offset their Business License Tax payment each year. This
represents about 10% of the total business license revenue or the equivalent of 1.5% of
the total general fund revenues, which is not collected each year. Staff drafted a
revision to eliminate the Sales Tax Credit (STC) Reduction from the code.
The current base rate for FY 2021-22 is at $111.30. Staff drafted a revision to the base
rate to increase to $150 beginning in FY 2023-2024, which would be reasonable and
more accurately cover the City's costs of processing the business license. In addition to
the base rate change, a revision to the methodology is proposed:
Section 4-2-4(A)(1) of the ESMC is amended to read as follows:
1. Employees: A basic tax of one hundred fifty ($150.00) per year, which shall cover
the first five (5) employees and one hundred thirty-eight dollars ($138.00) per year for
each employee in excess of five (5) employees; and"
Section 4-2-4(A)(2) of the ESMC is amended to read as follows:
"2. Floor Area: In addition, each such person shall pay a tax per square foot of floor
area occupied for a business purpose in excess of two thousand (2,000) square feet in
accordance with the following chart.
TOTAL FLOOR AREA RATE PER SQUARE FOOT
2,001 to 5,000 $0.26
5,001 to 50,000 $0.27
50;001 to 100,000 $0.28
106,001 to 250,000 $0.29
250,000 and above $0.30
The current methodology is a basic tax of one hundred eleven dollars and thirty cents
($111.30) per year, which shall cover the first ten (10) employees and one hundred
thirty-seven dollars and eighty cents ($137.80) per year for each employee in excess of
ten (10) employees; and :each such person shall pay a $0.27 tax per square foot of
floor area occupied for a business purpose in excess of five thousand (5,000) square
feet.
In addition to the change in the base tax, the square footage calculation, and the per
head count calculation, there are several other categories (apartments, hotels, and
nonprofits) that staff is recommending to overhaul.
Section 4-2-10(B) of the ESMC is amended to read as follows:
"B. Tax Amount: Every person owning apartment houses, or apartment house
complexes, shall pay a business license tax of one hundred fifty dollars ($150.00) per
Amendments to the City's Business License Tax Ordinance
July 19, 2022
Page 4 of 5
year for up to the first three (3) dwelling units; and one hundred -fifty dollars ($150.00)
per year for each additional dwelling unit; provided, however, that the dwelling units
used in computing the obligation to pay the business license tax shall be the dwelling
units rented or leased, and the dwelling units held for rent or lease shall not include a
dwelling unit occupied by the owner.
Every person owning an apartment house or apartment house complex with fifty (50)
dwelling units or more shall pay a business license tax each year in the amount of $150,
square foot of floor area in excess of 2,000 square feet, together with one hundred
thirty-eight dollars ($138.00) per year for each employee in excess of five (5)
employees. Or an alternative calculation of $150/per unit for all units above three with
no cap on the maximum units charged.
Section 4-2-28 of the ESMC is amended to read as follows:
"4-2-28: HOTELS, MOTELS, AUTO COURTS AND LODGING HOUSES -
Every person engaged in the business of operating a hotel, motel, auto court, or lodging
house shall pay a business license tax of one hundred -fifty dollars ($150.00) per year,
plus a tiered rate of twenty -sic cents to thirty cents per square foot of floor area in
excess of 2,000 square feet, together with one hundred thirty-eight dollars ($138.00) per
year for each employee in excess of five (5) employees. For purposes of this section,
'floor area' has the meaning set forth in section 4-2-4(D)." The current rate is a flat fee
of $111.30 for hotels/motels of 1-14 rooms, $216.30 for hotels/mptels with 15-49 rooms,
and $432.60 for hotels/motels with 50 or more rooms.
The attached Resolution would: submit the City Business License Tax to the voters in
the form of the question indicated; request the County to provide certain election
services; and set priorities and deadlines for the filing of written arguments for the
measure. Procedures for rebuttals would be subject to the City Council rebuttal
procedures adopted for the City's Business License Tax measure via Resolution, in
accordance with Elections Code § 9285(b).
Elections Code § 9282(b) authorizes the following to submit an argument for or against
the measure:
• The City Council;
■ A member or members of the Council authorized by the City Council;
• An individual voter who is eligible to vote on the measure;
• A bona fide association of citizens or a combination of voters and associations.
Staff requests that the City Council determine if it seeks to file an argument regarding
the measure, and, if so: (1) designate at least one member of the City Council to file a
written argument regarding the measure on behalf of the entire City Council; or (2)
Amendments to the City's Business License Tax Ordinance
July 19, 2022
Page 5 of 5
authorize one or more members of the Council to file one or more arguments regarding
the measure as individuals. The nature of the argument, i.e., in favor or against the
measure should be specified. Arguments from the City Council or members of the
Council receive priority for inclusion on the ballot over others that may file arguments. If
the City declines to file an argument, such priority would go to arguments filed by
individual voters or others qualified to submit an argument. If directed by the City
Council, the City Attorney must prepare an impartial analysis of the measure that would
be included in the ballot materials (Elec. Code, § 9280.) Staff requests that the City
Council determine if it seeks to direct the City Attorney to prepare such an analysis.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 5: Champion Economic Development and Fiscal Sustainability
Objective 513: El Segundo approaches its work in a financially strategic and responsible
way.
PREPARED BY:
Joe Lillio, Chief Financial Officer and Joaquin Vazquez, Deputy City Attorney
REVIEWED BY:
Mark Hensley, City Attorney
APPROVED BY:
Barbara Voss, Deputy City Manager
ATTACHED SUPPORTING DOCUMENTS:
BLT Measure Resolution
2. Exhibit A to Resolution — BLT Ordinance Measure
3, ES Resolution Amending Election Resolutions 5337 and 5338 07192022
RESOLUTION NO.
A RESOLUTION ADDING A PROPOSITION TO THE
PREVIOUSLY CALLED NOVEMBER 8, 2022 GENERAL
MUNICIPAL ELECTION FOR THE SUBMISSION TO QUALIFIED
VOTERS AN ORDINANCE AMENDING TITLES 3 AND 4 OF THE
MUNICIPAL CODE TO MODIFY CERTAIN BUSINESS LICENSE
TAXES AND TAKING CERTAIN RELATED ACTIONS.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds and declares as follows:
A. Title 4 of the City Municipal Code impose business license taxes on
persons and entities engaged in business within the City and many
of its components have not been amended in 26 years.
B. The City Council seeks to amend Titles 3 and 4 of the City Municipal
Code to maintain funding for general City services and activities.
C. The City Council requests that the County's consolidation of the City
Election include the ballot measure proposed in this Resolution for
all relevant purposes.
D. Elections Code § 9222 authorizes the City Council to submit an
proposition for voter approval without an initiative petition.
E. Elections Code § 10201 authorizes the submission of a proposition
at a regular election to enact an ordinance.
F. Article XIII C, section 2, added by Proposition 218, requires voter
approval to impose any new or increased taxes, including the
proposed amendments to Articles 3 and 4 of the City Municipal Code.
G. The ordinance for the proposed general tax proposition for the voters
to consider is attached as Exhibit "A" and incorporated by reference.
H. Government Code § 53724 requires a two-thirds majority vote of the
City Council's total membership to submit the proposed general tax
proposition to the voters and a simple majority (50% + 1) of those
casting ballots to approve the measure (the "Measure").
General tax revenues are place
used to fund City -controlled se
911 emergency and safety res
and jobs, maintaining parks a
health emergencies and natural
d in the City's general fund and are
rvices, including, without limitation,
ponses; fostering local businesses
nd open space, confronting public
disasters, public safety; preventing
- 1 -
thefts and property crimes; repairing streets and potholes; and
addressing homelessness.
Funds generated by the Measure would remain in the City to address
our community's unique needs, and the spending of such local
taxpayer dollars require public disclosure and independent financial
audits.
K. The City Council adopted Resolution No. 5337 to call and give notice
of the City's general municipal election (the "City Election") to take
place on November 8, 2022.
L. The City Council adopted Resolution No. 5338 requesting Los
Angeles County (the "County") to consolidate the City Election with
the County -administered general election to also be held on
November 8, 2022.
M. The City Council requests that the County's consolidation of the City
Election include the Measure for all relevant purposes.
N. The City Council also seeks to: request the County to provide certain
election services; set priorities for the filing of written arguments and
rebuttals for the Measure; and direct the City Attorney to prepare an
impartial analysis of the Measure.
SECTION 2. Submission of General Business License Tax Measure to Voters.
A. The City Council places the Measure on the ballot for the City
Election scheduled for November 8, 2022. The form of the City
Measure is attached as Exhibit "A."
B. The Measure will be printed in the City Election ballots in
substantially the following form:
SHALL AN ORDINANCE AMENDING BUSINESS
TAXES, INCLUDING: $150 FOR SPECIFIED
BUSINESSES; $150 UP TO FIVE EMPLOYEES, $138
PER ADDITIONAL EMPLOYEE, AND $0.26 TO $0.30
PER SQUARE FOOT ABOVE 2,000 SQUARE FEET;
$150 PER UNIT FOR APARTMENTS AND HOTELS
OR MOTELS UP TO 49 UNITS OR ROOMS AND $0.26
TO $0.30 PER SQUARE FOOT ABOVE 49 UNITS OR
ROOMS; SUNSETTING CURRENT TAX CREDITS;
GENERATING APPROXIMATELY $3,000,000
GENERAL FUNDS ANNUALLY, UNTIL REPEALED,
BE ADOPTED?
YES
Me
WA
C. The vote requirement for passage of the Measure is a majority of the
votes cast (50% plus 1).
SECTION 3. Request for County Election Services.
A. In addition to the previously requested consolidation of the City
Election and related request for associated County services, the City
Council requests the County, with respect to the Measure to take any
and all additional steps necessary for the holding of the City Election
requested to be consolidated, including, without limitation, mailing of
the ballot question, ballot arguments, rebuttals, and the City
Attorney's impartial analysis to voters and canvassing the election
results.
B. The City will reimburse the County for additional costs imposed by
the addition of the Measure to the City Election ballot.
SECTION 4. Ballot Arguments and Rebuttals.
A. All arguments and rebuttals for the Measure must comply with
Elections Code § 9280 et seq., including, without limitation, the
following requirements:
1. Ballot arguments must not exceed 300 words in length;
2. Ballot arguments cannot be accepted unless accompanied by the
printed name and signature or printed names and signatures of
the author or authoirs submitting it, or if submitted on behalf of an
organization, the name of the organization and the printed name
and signature of at least one of its principal officers who is the
author of the argument.
3. No more than five signatures may appear with any ballot
argument submitted.
B. Pursuant to Elections Code § 9282(b), the City Council authorizes
to file a written argument for the Measure
on behalf of the City Council.
C. Pursuant to Elections Code § 9282(b), an indivdual voter who is
eligible to vote on the Measure, or a bonafide association of citizens,
or a combination of voters and associations may file a written
argument for or against the Measure.
D. Ballot arguments must be submitted to the City Clerk on or before
August 19, 2022.
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E. Pursuant to Elections Code § 9285(a), the City Clerk will send a copy
of the selected arguments for and against the the Measure to the
necessary parties.
F. The City Council's procedures regarding rebuttals adopted via
Resolution No. 5340 will apply to the ballot measure contemplated in
this Resolution, including, without limitation, the following: the
authors of arguments for or against the ballot measure may prepare
and submit a rebuttal argument or authorize, in writing; no other
person or persons to prepare, submit, or sign the rebuttal; the
authors of arguments for or against the ballot measure must submit
any rebuttal to the City Clerk on or before August 29, 2022; andt
rebuttals may not exceed 250 words in length.
SECTION 5. City Attorney Impartial Analysis. The City Council directs the City
Clerk to deliver a copy of the Measure to the City Attorney who will prepare an
impartial analysis of the proposed measure pursuant to Elections Code § 9280.
The City Attorney must file the impartial analysis with the City Clerk on or before
August 19, 2022 and may not exceed 500 words in length.
SECTION 6. Environmental Review. The provisions of the proposed the Measure
were reviewed pursuant to the California Environmental Quality Act (Public
Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated
thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA
Guidelines"). Based upon that review, the actions contemplated therein are exempt
from CEQA because they establish rules and procedures to implement
government funding mechanisms; do not involve any commitment to a specific
project which could result in a potentially significant physical impact on the
environment; and constitute an organizational or administrative activity that will not
result in direct or indirect physical changes in the environment. Accordingly, neither
the proposition nor any other action constitutes a "project" that requires
environmental review (see specifically CEQA Guidelines § 15378(b)(4-5).)
SECTION 7. Electronic Signatures. This Resolution may be executed with
electronic signatures in accordance with Government Code §16.5. Such electronic
signatures will be treated in all respects as having the same effect as an original
signature.
SECTION 8. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy,
is directed to attest thereto.
SECTION 9. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
-4-
SECTION 10. City Clerk Actions. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and
make a record of this action in the meeting's minutes. The City Clerk is directed to
file a certified copy of this Resolution with the County.
PASSED AND ADOPTED this day of
Drew Boyles, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
. 2022.
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. was duly passed and adopted by said City
Council, approved and signed by the Mayor 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 , 2022, and the same was so passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK HENSLEY, CITY ATTORNEY
Joaquin Vazquez, Deputy City Attorney
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EXHIBIT "A"
ORDINANCE FOR MEASURE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EL SEGUNDO AMENDING
VARIOUS SECTIONS OF TITLES 3 AND 4 OF THE MUNICIPAL
CODE TO MODIFY BUSINESS LICENSE TAX CREDITS AND
CERTAIN BUSINESS LICENSE TAX RATES AND TAXING
METHODOLOGIES
THE PEOPLE OF THE CITY OF EL SEGUNDO DO ORDAIN AS FOLLOWS:
Section 1. Section 3-2-4 of the El Segundo Municipal Code ("ESMC") is repealed in its entirety
and amended to read as follows:
"3-2-4: BUSINESS LICENSE TAX CREDIT:
A. Tax Credit: A business subject to the tax imposed by this chapter is entitled to a tax
credit against the tax imposed by section 4-2-4 of this chapter whenever it generates
sales and/or use tax in the year immediately preceding the year in which the tax is
due. The credit is applied to the business registration tax due for the following year.
B. Percentage Of Tax: The tax credit referred to in subsection A of this section, will
equal up to forty percent of the sales or use tax generated by the business and
received by the city during the twelve-month period ending on June 30 preceding the
date the tax is due.
C. Amount Of Tax Credit: Under no circumstances can the amount of the tax credit for
any year be calculated to be greater than the total amount of tax due for any year
under this chapter.
D. A business may only be granted business license tax credits under this section for
the first three consecutive years after the initial year of issuance of the business
license or such longer term as determined pursuant to subsection 3-2-3(C) of this
chapter.
E. In no event may a tax credit granted to any business pursuant to this section exceed
a cumulative total of $99,999.99"
ALTERNATIVE — COMPLETELY ELIMINATE TAX CREDIT
"3-2-4: RESERVED."
Section 2. Section 4-1-7 of the ESMC is amended to read as follows:
"4-1-7: NONPROFIT AND CHARITABLE ORGANIZATIONS:
Nonprofit and charitable organizations not otherwise exempt from the payment of
a business license fee pursuant to section 4-1-8 shall pay a business license fee
of $150 per year. The business license fee shall be subject to annual increases
in accordance with section 4-2-1. The licensing authority may require any
information or evidence necessary to establish nonprofit status."
Section 3. Section 4-1-8 of the ESMC is amended to read as follows:
"4-1-8: CONSTITUTIONAL AND STATUTORY EXEMPTIONS:
This Title shall not be construed to require the payment of a license fee by any
person engaging in business when such person or business is exempt by virtue
of the constitutions or applicable statutes of the United States or of the state of
California."
Section 4. Section 4-2-3 of the ESMC is repealed in its entirety and amended to read as
follows:
"4-2-3: TAX CREDIT:
See Section 3-2-4."
ALTERNATIVE — COMPLETELY ELIMINATE TAX CREDIT
"4-2-3: RESERVED."
Section 5. Section 4-2-1 of the ESMC is amended to read as follows:
"4-2-1: FEES PAID TO CITY:
A. The amount of license fee to be paid to the city by persons commencing or
conducting any business subject to this chapter are set forth in this chapter.
B. Beginning on January 1, 2025, license fees imposed in this title will be
increased annually each January 1 on a percentage basis using the percentage
increase in the consumer price index ("CPI") for all urban consumers as
calculated by the United States department of labor, bureau of labor statistics, for
the Los Angeles -Long Beach -Anaheim area, all items, calculated as follows:
1. The five most recent annual CPI percentages are added together and
then divided by five to derive the five-year average CPI percentage ("ACPI"); and
2. The ACPI is multiplied by the amount of existing license fees. The
product of that multiplication is added to the amount of the license fees imposed
by the city for the previous calendar year.
3. For purposes of this section, an "annual CPI percentage" is the
percentage change in CPI based upon comparing a twelve-month period ending
on March 31 with the subsequent twelve-month period ending on March 31. For
example, and without limitation, on January 1, 2025, the ACPI will be calculated
using the five years of CPI percentages that include the following time periods:
March 31, 2019 to March 31, 2020; March 31, 2020 to March 31, 2021; and
calculated in the same manner for the subsequent years with the final and fifth
year CPI percentage measured from March 31, 2023 to March 31, 2024.
C. Notwithstanding any other provisions of this code, license fees imposed in
this chapter will be increased by a minimum of one cent ($0.01) every two (2)
calendar years."
Section 6. Section 4-2-4(A)(1) of the ESMC is amended to read as follows:
1. Employees: A basic tax of one hundred fifty ($150.00) per year, which shall
cover the first five (5) employees and one hundred thirty-eight dollars ($138.00)
per year for each employee in excess of five (5) employees; and"
Section 7. Section 4-2-4(A)(2) of the ESMC is amended to read as follows:
"2. Floor Area: In addition, each such person shall pay a tax per square foot of
floor area occupied for a business purpose in excess of two thousand (2,000)
square feet in accordance with the following chart.
TOTAL FLOOR AREA
RATE PER SQUARE FOOT
2,001 to 5,000
$0.26
5,001 to 50,000
$0.27
50,001 to 100,000
$0.28
100,001 to 250,000
$0.29
250,001 and above
$0.30
ALTERNATIVE RATE CHART
TOTAL FLOOR AREA
RATE PER SQUARE FOOT
2,001 to 5,000
$0.26
5,001 to 50,000
$0.27
50,001 to 100,000
$0.28
100,001 and above
$0.30
A tax of fourteen cents ($0.14) per square foot shall be imposed on vacant space
available for rent or lease for business purposes, said fee to be payable by the
person with the right to possession of the property; and"
Section 8. Section 4-2-7 of the ESMC is amended to read as follows:
"4-2-7: ADVERTISING:
A. Billboards Or Signboards: Every person engaged in the business of
contracting, maintaining, using, or leasing billboards or signboards, or posting,
sticking, tacking, or affixing or painting bills or signs, or both upon the same, shall
pay a business license tax of one hundred fifty dollars ($150.00) per annum for
each such billboard or signboard.
B. Lights: Every person advertising by means of portable searchlights, or arc
lights, or light producing apparatus or equipment, shall pay a business license tax
of thirty-seven dollars and fifty cents ($37.50) per quarter. The license shall be
subject to compliance with all requirements of the traffic ordinances and
regulations of the City.
C. Vehicle Signs: Every person advertising by means of portable signs
mounted on vehicles, when not in connection with any business licensed under
subsection D of this Section, shall pay a business license tax of one hundred fifty
dollars ($150.00) per year. The license shall be subject to compliance with all
requirements of the traffic ordinances and regulations of the City.
D. Sound Trucks: Every person advertising by means of sound trucks,
portable loudspeakers, or sound -producing apparatus or equipment, shall pay a
business license tax of one hundred fifty dollars ($150.00) per year. The license
shall be subject to compliance with all requirements of the traffic ordinances and
regulations of the City."
Section 9. Section 4-2-8 of the ESMC is amended to read as follows:
"4-2-8: AGENTS, SOLICITORS AND SALESMEN:
Agents, solicitors, and salesmen selling or soliciting, or taking orders for the sale
or furnishing of any paintings, pictures, portraits, photographs, orders for
advertising or for any goods, wares, merchandise, or service at retail not
otherwise provided for herein, when not in connection with any fixed place of
business within the City licensed under this Title, shall pay a business license tax
of forty five dollars ($45.00) per day, or one hundred fifty dollars ($150.00) per
year for each agent, salesman, or solicitor. All such sales, solicitations and/or
order taking are prohibited between the hours of six o'clock (6:00) P.M. and eight
o'clock (8:00) A.M."
Section 10. Section 4-2-9(A)(2) of the ESMC is amended to read as follows:
"2. Tax Amount: Every person operating an amusement center shall pay a
business license tax of one hundred fifty dollars ($150.00) per year."
Section 11. Section 4-2-9(B) of the ESMC is amended to read as follows:
"B. Amusements Generally: Every person operating a business where an
admission, fare, or fee is charged or made, or a collection or contribution is
received (and which are not otherwise provided for in this Chapter) for entrance
2
to amusements, such as exhibitions, shows, games, carnivals, rides, tent
performances, merry-go-rounds, carousels, shoot -the -chutes, shooting galleries,
Ferris wheels, pig slides, ball games, dart games, roller coasters, grunt derbies,
whip rides, scooter rides, sideshows, illusions and other amusements, or
concessions similar in character to those, or any of those hereinabove named,
shall pay a business license tax of twenty-five dollars ($25.00) per day, or one
hundred fifty dollars ($150.00) per month, and shall obtain a special permit from
the City Council to do so prior to engaging in such activities. The City Council
may condition such permit in any manner not prohibited by law."
Section 12. Section 4-2-1 O(B) of the ESMC is amended to read as follows:
"B. Tax Amount: Every person owning an apartment houses or apartment
house complex with fewer than fifty (50) dwelling units shall pay a business
license tax of one hundred fifty dollars ($150.00) per year for up to the first three
(3) dwelling units; and one hundred fifty dollars ($150.00) per year for each
additional dwelling unit; provided, however, that the dwelling units used in
computing the obligation to pay the business license tax shall be the dwelling
units rented or leased, and the dwelling units held for rent or lease shall not
include a dwelling unit occupied by the owner. Every person owning an
apartment house or apartment house complex with fifty (50) dwelling units or
more shall pay a business license tax each year per square foot of floor area at
the applicable rate set forth in section 4-2-4(A)(2), together with one hundred
thirty-eight dollars ($138.00) per year for each employee in excess of five (5)
employees. For purposes of this section, `floor area' has the meaning set forth in
section 4-2-4(D). The per -square -foot tax does not apply to any apartment unit
that is subject to a recorded affordable housing covenant restricting rental of the
unit to households that qualify as low or very -low income. Instead, affordable
units in a complex with fifty or more dwelling units will be subject to an annual
business license tax of $150 per unit."
ALTERNATE APPROACH ($150/DU REGARDLESS OF # OF UNITS)
"B. Tax Amount: Every person owning apartment houses, or apartment house
complexes, shall pay a business license tax of one hundred fifty dollars ($150.00)
per year for each dwelling unit; provided, however, that the dwelling units used in
computing the obligation to pay the business license tax shall be the dwelling
units rented or leased, and the dwelling units held for rent or lease shall not
include a dwelling unit occupied by the owner."
Section 13. Section 4-2-11 of the ESMC is amended to read as follows:
"4-2-11: AUTOMOBILE AND TRUCK WRECKING OR DISMANTLING:
Every person engaging in the business of automobile, truck wrecking or
dismantling, and/or operating an automobile, truck wrecking or dismantling yard,
and/or outdoor yard of similar character, shall pay a business license tax of one
hundred fifty dollars ($150.00) per year, and shall obtain a special permit from
5
the City Council to do so prior to engaging in such activities. The City Council
may condition such permit in any manner not prohibited by law."
Section 14. Section 4-2-12 of the ESMC if amended to read as follows.
"4-2-12: BANKRUPT STOCK AND FIRE SALES:
Every person conducting bankrupt stock sales, fire sales, damaged goods sales,
and sales of similar character (not at auction), shall pay a business license tax of
thirteen dollars and fifty cents ($13.50) per month, forty-five dollars ($45.00) per
quarter, or one hundred fifty dollars ($150.00) per year, and shall obtain a special
permit from the City Council to do so prior to engaging in such activities. The City
Council may condition such permit in any manner not prohibited by law."
Section 15. Section 4-2-13 of the ESMC is amended to read as follows:
"4-2-13: BARBERSHOPS:
Every person operating a barbershop shall pay a business license tax of one
hundred fifty dollars ($150.00) per year."
Section 16. Section 4-2-14 of the ESMC is amended to read as follows:
"4-2-14: BEAUTY PARLORS:
Every person operating a beauty parlor and similar businesses shall pay a
business license tax of one hundred fifty dollars ($150.00) per year."
Section 17. Section 4-2-15 of the ESMC is amended to read as follows:
"4-2-15: BILLIARD AND POOLROOMS:
Every person operating a billiard room and/or poolroom shall pay a business
license tax of one hundred fifty dollars ($150.00) per year, which shall include the
right to sell cigars, tobacco, soft drinks, chewing gum, and confections, subject to
first obtaining a special permit as provided by Sections 4-7-1 and 4-7-2 of this
Title."
Section 18. Section 4-2-16 of the ESMC is amended to read as follows:
"4-2-16: BOWLING ALLEYS:
Every person operating a bowling academy, bowling alley, bowling center, or
similar business shall pay a business license tax of one hundred fifty dollars
($150.00) basic, plus four dollars ($4.00) per lane per year. A license granted
under this Section shall include the right to sell bowling equipment,
paraphernalia, and bowling apparel, but shall not include the right to conduct a
cafe, restaurant, lunch counter, or refreshment, or confectionery stand or
concession, or any other type of business, except as specifically authorized
above."
Section 19. Section 4-2-17(A) of the ESMC is amended to read as follows.
"A. A basic fee of one hundred fifty dollars ($150.00) per year which shall cover
the first five (5) employees."
Section 20. Section 4-2-17(B) of the ESMC is amended to read as follows:
"B. One hundred thirty-eight dollars ($138.00) per year for each employee in
excess of five (5) employees."
Section 21. Section 4-2-18 of the ESMC is amended to read as follows:
"4-2-18: CHRISTMAS TREE SALES:
Every person engaged in the business of Christmas tree sales shall pay a
business license tax of one hundred fifty dollars ($150.00) per year."
Section 22. Section 4-2-19 of the ESMC is amended to read as follows:
"4-2-19: CIRCUSES, WILD WEST SHOWS OR SIDESHOWS:
Every person operating a circus or wild west show, not including any sideshows,
shall pay a business license tax for the first day of two hundred dollars ($200.00),
and one hundred three dollars ($103.00) per day thereafter. A sideshow shall pay
a business license tax of one hundred fifty dollars ($150.00) per sideshow for the
first day, and fifty dollars ($50.00) per sideshow per day for each day thereafter.
Every such person shall obtain a special permit from the City Council to operate
such circus, wild west show, or sideshow, prior to engaging in such activities.
The City Council may condition such permit in any manner not prohibited by law."
Section 23. Section 4-2-22(C) of the ESMC is amended to read as follows:
"C. Lathing And Plastering: Lathing and plastering contractors shall pay a
business license tax of one hundred fifty dollars ($150.00) per year."
Section 24. Section 4-2-23 of the ESMC is amended to read as follows:
"4-2-23: DANCES AND DANCE SCHOOLS:
7
A. Public Dances: Every person conducting public dances, where an
admission fee or per dance fee is charged, shall pay a business license tax of
one hundred fifty dollars ($150.00) per year, and shall obtain a special permit
from the City Council to do so prior to engaging in such activities. The City
Council may condition such permit in any manner not prohibited by law.
B. Other Dances: Every person engaged in a business where any cafe,
restaurant, or any similar establishment affords its patrons the privilege or
opportunity to dance, without charge for the dancing, shall pay a business license
tax of one hundred fifty dollars ($150.00) per year, and shall obtain a special
permit from the City Council to do so prior to engaging in such activities. The City
Council may condition such permit in any manner not prohibited by law.
C. Dancing School or Academy (Talent School): Every person conducting a
dancing school or dancing academy, or talent school or talent academy, shall
pay a business license tax of one hundred fifty dollars ($150.00) per year."
Section 25. Section 4-2-24 of the ESMC is amended to read as follows:
"4-2-24: DELIVERY VEHICLES:
Every person engaged in a business not having a fixed place of business within
the City which, in connection with said business, delivers any goods or services
within the City shall pay a business license tax of one hundred fifty dollars
($150.00) per year per vehicle."
Section 26. Section 4-2-25 of the ESMC is amended to read as follows:
"4-2-25: DRIVE-IN THEATERS:
Every person operating a drive-in theater shall pay a business license tax of one
hundred fifty dollars ($150.00) per year, but the license shall not include the right
to conduct a cafe, restaurant, lunch counter, refreshment or confectionery, or like
stand or concession, or any other type of business."
Section 27. Section 4-2-26 of the ESMC is amended to read as follows:
"4-2-26: FOOD CATERERS (VEHICLE):
Every person conducting sales of food from a vehicle shall pay a business
license tax of one hundred fifty dollars ($150.00) per year per vehicle."
Section 28. Section 4-2-27 of the ESMC is amended to read as follows:
"4-2-27: HOME OCCUPATIONS:
8
Every person engaged in a `home occupation', as defined by the Zoning
Ordinance of the City in Section 15-1-6 of this Code, shall pay a business license
tax of one hundred fifty dollars ($150.00) per year."
Section 29. Section 4-2-28 of the ESMC is amended to read as follows:
"4-2-28: HOTELS, MOTELS, AUTO COURTS AND LODGING HOUSES:
Every person engaged in the business of operating a hotel, motel, auto court, or
lodging house that has fewer than fifty (50) rooms shall pay a business license
tax of one hundred fifty dollars ($150.00) per room per year. Every person
engaged in the business of operating a hotel, motel, auto court, or lodging house
that has fifty (50) rooms or more shall pay a business license tax each year per
square foot of floor area at the applicable rate set forth in section 4-2-4(A)(2),
together with one hundred thirty-eight dollars ($138.00) per year for each
employee in excess of five (5) employees. For purposes of this section, 'floor
area' has the meaning set forth in section 4-2-4(D)."
ALTERNATE APPROACH ($150 PER HOTEL ROOM FLAT TAX)
"4-2-28: HOTELS, MOTELS, AUTO COURTS AND LODGING HOUSES:
Every person engaged in the business of operating a hotel, motel, auto court, or
lodging house shall pay a business license tax of one hundred fifty dollars
($150.00) per room per year."
Section 30. Section 4-2-29 of the ESMC is amended to read as follows:
"4-2-29: JUNK COLLECTORS:
Every person engaged in the business of junk collection shall pay a business
license tax of one hundred fifty dollars ($150.00) per year for each vehicle used.
'Person engaged in the business of junk collection' as used herein, means a
person engaged in the business of going from house to house, or from place to
place, gathering, collecting, buying, selling, or otherwise dealing in old rags,
sacks, bottles, cans, paper, or other articles commonly known as `junk'; provided,
however, that any person licensed under the provisions of this Section shall not
solicit for `free will offerings' of such materials as are above enumerated, or
referred to under the guise or representation that the same are being collected by
or for any charitable, or other organization entitled to obtain a free permit, as
provided for under other provisions of this Title. Provided, however, that the
provisions of this Title relating to junk collectors shall not apply to official
collectors of the City, or collectors specially authorized by the City Council to
make the collections as a public service."
Section 31. Section 4-2-30 of the ESMC is amended to read as follows:
7
"4-2-30: LAWN SERVICE AND WINDOW CLEANING:
Every person providing lawn service, gardening service, window cleaning
service, and similar services, shall pay a business license tax of one hundred fifty
dollars ($150.00) per year."
Section 32. Section 4-2-31 of the ESMC is amended to read as follows:
"4-2-31: LOANS:
Every person engaged in the business of lending, financing, or money lending
shall pay a business license tax of one hundred fifty dollars ($150.00) per year."
Section 33. Section 4-2-32(A) of the ESMC is amended to read as follows:
"A. A basic fee of one hundred fifty dollars ($150.00) per year which shall cover
the first five (5) employees;"
Section 34. Section 4-2-32(B) of the ESMC is amended to read as follows:
"B. One hundred thirty-eight dollars ($138.00) per year for each employee in
excess of five (5) employees;"
Section 35. Section 4-2-33 of the ESMC is amended to read as follows:
"4-2-33: MOTION PICTURES OR TELEVISION (COMMERCIAL USE):
Every person engaged in the motion picture or television production business not
operating from a fixed place of business in the City, using either public or private
property, shall pay a business license tax of one hundred fifty dollars ($150.00)
per day. Every person subject to this Section shall also obtain a permit pursuant
to Chapter 11 of this Title."
Section 36. Section 4-2-35(A) of the ESMC is amended to read as follows:
"A. Generally: Every person peddling services, not otherwise mentioned in this
Chapter, shall pay a business license tax of one hundred fifty dollars ($150.00)
per year, and shall obtain a special permit from the City to do so prior to
engaging in such activities."
Section 37. Section 4-2-35(B) of the ESMC is amended to read as follows:
"B. Food: Every person peddling foods, foodstuffs, and food products, other
than from catering food trucks, shall pay a business license tax of one hundred
fifty dollars ($150.00) per year where the person is on foot or where the same is
10
sold from a vehicle, and shall obtain a special permit from the City to do so
pursuant to Chapter 4-15 of this Code prior to engaging in such activities."
Section 38. Section 4-2-36 of the ESMC is amended to read as follows:
"4-2-36: REST, CONVALESCENT, GUEST AND FAMILY CARE HOMES;
CHILDCARE NURSERIES:
A. Fee Imposed; State and Local Approval: Every person operating rest,
convalescent, guest homes, and childcare service shall pay a business license
tax of one hundred fifty dollars ($150.00) per year. Every person operating a
family care home shall pay a business license tax of one hundred fifty dollars
($150.00) per year. No such license shall be issued without the written approval
of:
1. The State Department of Social Services;
2. The County Health Officer;
3. The Chief of the Fire Department;
4. The Community, Economic and Development Services Director-
B. Inspection: All such establishments shall be subject to inspection by the
City at any time."
Section 39. Section 4-2-37 of the ESMC is amended to read as follows:
"4-2-37: RUBBISH OR GARBAGE COLLECTION:
Every person engaged in the operation of rubbish or garbage collection shall pay
a business license tax of one hundred fifty dollars ($150.00) per year for each
vehicle used in the City."
Section 40. Section 4-2-38 of the ESMC is amended to read as follows:
"4-2-38: SCHOOLS (PRIVATE):
Every person operating a private school shall pay a business license tax of one
hundred fifty dollars ($150.00) per year."
Section 41. Section 4-2-39 of the ESMC is amended to read as follows:
"4-2-39: STREET STANDS:
Every person operating street stands for the selling of any goods, wares, or
merchandise on any portion of the public streets within the City shall pay a
business license tax of one hundred fifty dollars ($150.00) per month; provided,
that no license shall be issued for the stand until a permit has been obtained from
the City Council, and that the application for the permit shall be accompanied by
11
the written consent of the owner or occupant of the premises abutting
immediately upon that portion of the street which the applicant desires to use;
and further provided, that the City Council shall have the right to grant,
conditionally grant, or deny the permit under this Section in its discretion."
Section 42. Section 4-2-40 of the ESMC is amended to read as follows:
"4-2-40: TAXICAB OR AUTOMOBILE FOR HIRE:
Every person engaged in the business of providing taxicabs or automobiles for
hire shall obtain a special permit from the City Council prior to engaging in such
activities, and the City Council may condition such permit in any manner not
prohibited by law. Permittee shall pay an annual business license tax of: a) one
hundred fifty dollars ($150.00) per year for each vehicle operated within the City
limits; or b) a flat business license tax for the entire fleet of taxicabs or
automobiles for hire of three hundred dollars ($300.00) per year; whichever is
greater."
Section 43. Section 4-2-41 of the ESMC is amended to read as follows:
"4-2-41: THEATERS AND SHOWS:
Every person engaged in the business of operating a theater, motion picture
show, playhouse, events, and all other shows or exhibitions (except those
conducted in the open or under canvas) not otherwise provided for in this
Chapter, shall pay a business license tax of one hundred fifty dollars ($150.00)
per year. Any such license, however, shall not include the right to conduct a cafe,
restaurant, or lunch counter."
Section 44. Section 4-2-43 of the ESMC is amended to read as follows:
"4-2-43: WAREHOUSES:
Every person engaged in the business of operating a warehouse or storage
facility shall pay a license fee of one hundred fifty dollars ($150.00) per year plus
seventeen cents ($0.17) per square foot of space used for such purpose for each
business location within the city."
Section 45. The City Council may, by resolution, suspend or reduce any tax imposed or
modified by this Ordinance.
Section 46. Environmental Review. This ordinance is exempt from the California
Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA") and 14
Cal. Code Regs. Sections 15000 et seq. ("CEQA Guidelines"). The calling and noticing of an
election for the submission of a ballot measure to voters is not a project within the meaning of
CEQA Guidelines 15378. The tax submitted to the voters is a general tax that can be used for
any governmental purpose; it is not a commitment to any particular action or actions.
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As such, under CEQA Guidelines Section 15378 (b)(4), the tax is not a project within the
meaning of CEQA because it creates a government funding mechanism that does not involve
any commitment to any specific project that may result in a potentially significant physical
impact on the environment. If revenue generated by the tax were used for a purpose that would
have such an effect, the City of El Segundo would undertake the required CEQA review for that
particular project. Therefore, CEQA analysis is not required.
Section 47. Severability. If any provision, section, paragraph, sentence, phrase, or word of the
Ordinance is rendered or declared invalid, illegal, or unconstitutional by any final action in a
court of competent jurisdiction or by reason or any preemptive legislation, such
unconstitutionality illegality or invalidity shall only affect such provision, section, paragraph,
sentence, phrase, or word and shall not affect or impair any remaining provisions, sections,
paragraphs, sentences, phrases, or words, or the application of the Ordinance to any other
person or circumstance, and to that end, the provisions hereof are severable. It is hereby
declared to be the intention of the People of the City that that the Ordinance would have been
adopted had such unconstitutional illegal or invalid provision, section, paragraph, sentence,
phrase, or word not been included herein.
Section 48. Effective Date. This Ordinance shall become effective on December 1, 2023.
This Ordinance was approved and adopted by the People of the City of El Segundo at the City's
November 8, 2022, statewide election.
This Ordinance was approved by Declaration of the vote by the City Council of El Segundo on
ATTEST:
Tracy Weaver, City Clerk
Approved as to form. -
Mark D. Hensley, City Attorney
Drew Boyles, Mayor
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RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL
SEGUNDO AMENDING MINOR PORTIONS OF CITY COUNCIL
RESOLUTION NO. 5337 AND RESOLUTION NO. 5338 TO
AUTHORIZE UP TO FOUR BALLOT MEASURES FOR THE
CITY'S NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds and declares as follows:
A. On June 7, 2022, the City Council adopted Resolution No. 5337 to
call and give notice of the City's general municipal election (the "City
Election") to take place on November 8, 2022.
B. On June 7, 2022, the City Council adopted Resolution No. 5338
requesting Los Angeles County (the "County") to consolidate the City
Election with the County -administered general election to also be
held on November 8, 2022.
C. The City Council seeks to amend minor portions of Resolution No.
5337 and Resolution No. 5338 to allow for the City's submission of
up to four ballot measures to its voters at its City Election.
SECTION 2. Amendment. The City Council approves the following:
A. Section 2, Section 4, and the title of Resolution No. 5337 are amended
to authorize the City's submission of up to four ballot measures to its
voters at its City Election.
B. Subsection A of Section 1 of Resolution No. 5338 is amended to clarify
the City's submission of up to four ballot measures to its voters at its City
Election.
C. Nothing in this Resolution will require the City to submit four total ballot
measures to its voters at its City Election.
SECTION 3. Environmental Review. This Resolution itself and the actions
anticipated herein were reviewed pursuant to the California Environmental Quality
Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations
promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the
"CEQA Guidelines"). Based upon that review, this Resolution is exempt from
further review pursuant to CEQA Guidelines § 15061(b)(3), as it can be seen with
certainty that there is no possibility that the actions herein may have a significant
effect on the environment.
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SECTION 4. Electronic Signatures. This Resolution may be executed with
electronic signatures in accordance with Government Code §16.5. Such electronic
signatures will be treated in all respects as having the same effect as an original
signature.
SECTION 5. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy,
is directed to attest thereto.
SECTION 6. Effective Date. This Resolution will take effect immediately
upon adoption and will remain effective unless repealed or superseded.
SECTION 7. City Clerk Actions. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and
make a record of this action in the meeting's minutes. The City Clerk is directed to
file a certified copy of this Resolution with the County.
PASSED AND ADOPTED this day of 2022.
Drew Boyles, Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. was duly passed and adopted by said City
Council, approved and signed by the Mayor 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 . 2022, and the same was so passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
tyZ
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK HENSLEY, CITY ATTORNEY
Joaquin Vazquez, Deputy City Attorney
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