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HomeMy WebLinkAboutItem 2a: Resolutions for General Municipal Election on April 10, 2012 11 I I I I 16111r hii 14 7 O4POAATS9 STAFF REPORT Office of the City Clerk DATE: December 6, 2011 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: STEPHEN P. DEITSCH, CITY ATTORNEY JAMES BARROWS, CITY CLERK BY: LISA MUSSENDEN, CHIEF DEPUTY CITY CLERK/ RECORDS MANAGER SUBJECT: ADOPTION OF RESOUTIONS RELATING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 10, 2012 (TRADITIONAL OR VOTE BY MAIL ELECTION). Recommendation: Adopt Resolutions SUMMARY Pursuant to the provisions of the City Charter, the City of Arcadia will hold a General Municipal Election on Tuesday, April 10, 2012 for the election of two (2) Members of the City Council for the full term of four (4) years and a City Clerk for the full term of four (4) years and for the submission to the qualified voters of a proposed ordinance amending the City's Transient Occupancy Tax Ordinance. In order to commence the election process, the California Elections Code requires the City Council adopt certain resolutions. DISCUSSION At the request of the City Council at their meeting of June 15, 2010, staff was directed to prepare a report regarding all mail ballot elections since a majority of voters cast their ballots by mail in the last four elections. Following staffs report at the January 18, 2011 Study Session, the City Council unanimously voted to authorize the April 10, 2012 General Municipal Election as an All Mail Ballot election which is the established date for a municipal election pursuant to City Charter Section 1100. Because the Charter states that general municipal elections shall be held on the second Tuesday in April in each even-numbered year no Charter amendment was required since Arcadia is a Charter City and only Chartered cities have the authority to conduct elections by mail. The only requirement for conducting an all mail ballot 1 election is the adoption of an ordinance by the City Council providing for an all mail ballot election. At the meeting of November 15, 2011, the City Council introduced Ordinance No. 2293 authorizing the City to conduct city elections by all mail ballots and is scheduled for adoption at the December 6, 2011 meeting. Ordinance No. 2293 does not call an election for any specific date but merely gives the City Council the option to conduct all mail ballot elections on any established election date. All Mail Ballot Election: In all mail ballot election, every registered voter would receive a Sample Ballot, a Voter Information Pamphlet and a ballot along with instructions and a return envelope at the same time without submitting a vote by mail application (VBM application). Signatures are required on all returned ballots and every signature is verified through voter registration affidavits before the ballots are counted. Each returned ballot is accounted for by address and name to eliminate any possibility of duplicate votes. This process is done daily as ballots are received. The voted ballot would then either be mailed back or personally delivered to the City Clerk's office. Cities that use the all mail ballot system maintain that an all mail ballot election is safer from voter fraud than a traditional election because all mail ballot elections have both a signature and residential address check. There is no such safeguard in polling place elections. Mail ballots are non-forwardable and are returned to the City Clerk by the U.S. Postal Service. Copies of all returned ballots are sent to the Los Angeles County Registrar Recorder to purge the records of voters who have moved or are deceased to accurately reflect active voters in the City. Drop off Locations: There can be more than one designated drop-off location; however staff is designating the City Clerk's office as the official drop off location. If other drop off locations are designated, then those locations would need to be staffed to ensure the secrecy and adequate security of ballots returned to the official drop off location, which is an added cost. With a traditional election, voters at polling places are not required to show identification, nor are their signatures checked against voter registration affidavits. Only those ballots received by mail prior to the Election are signature and address verified. The Department of Justice believes that asking for a voters identification is a form of discrimination because not everyone has an ID. Cost Savings According to the City's election consultant Martin & Chapman, the City would save at least 10% to 15% in overall costs for an all mail ballot election or more. The actual cost savings cannot be predicted until an accounting of all costs at the end of the all mail ballot election is conducted. Additional cost savings to the City would be in mailing. In a traditional election, there are two separate mailings i.e. postage for sample ballots and postage for permanent vote by mail (PVBM) and vote by mail 2 (VBM) ballots and in an all mail ballot election there is only one mailing cost because the ballot and voter pamphlets are sent out in one packet. The other cost savings would be in poll workers and polling places, the rental of voting equipment from the County, precinct kits, and poll worker training which would be eliminated. The City has the option of paying for return postage. In past elections, the voter paid the postage for their returned ballot. The City's election consultant has indicated that cities that pay for return postage have a higher turnout then those cities that do not pay for return postage. It is important to note that regardless of the voting option, the cost of an election, vendor and consultant services and postage will continue to increase. The all mail ballot option attempts to achieve one of the primary objectives of the election process, which is greater civic participation, while decreasing the cost per vote cast. It also eliminates the time-consuming and labor intensive process of recruiting poll workers and locating polling sites. FISCAL IMPACT The budget amount to conduct the April 10, 2012 General Municipal Election is $110,000 and has been approved in the 2011-12 budget. The actual amount that will be spent cannot be predicted until an accounting of all costs at the end of the election. RECOMMENDATION The City Council has the option of conducting the April 10, 2012 General Municipal Election as an all mail ballot or traditional election. Staff has prepared two sets of resolutions for consideration and adoption depending on an all mail ballot or traditional election. Alternate "A" Resolutions Calling for an All Mail Ballot Election Resolution No. 6801 calling for the placement of a General Tax Measure on an All Mail Ballot to be held at the April 10, 2012 General Municipal Election for the submission to the qualified voters of a proposed ordinance amending the City's Transient Occupancy Tax by extending the period of transiency subject to the tax from 30 to 90 days, addressing online travel company and other third party bookings, and making various conforming changes. Resolution No. 6808 setting priorities for filing written arguments regarding a City Measure and directing the City Attorney to prepare an impartial Analysis. Resolution No. 6809 providing for the filing of rebuttal arguments for City Measures submitted at Municipal Elections. 3 Resolution No. 6802 calling for the holding of an All Mail Ballot General Municipal Election on Tuesday, April 10, 2012 for the election of certain officers as required by the City Charter. Resolution No. 6803 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of an All Mail Ballot General Municipal Election to be held on Tuesday, April 10, 2012. Resolution No. 6804 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an All Mail Ballot election to be held on Tuesday, April 10, 2012. Resolution No. 6810 establishing procedures for conducting City Elections by All Mail Ballot. Alternate "B" Resolutions Calling for a General Municipal Election (Traditional) Resolution No. 6801 calling for the placement of a General Tax Measure to be held at the April 10, 2012 General Municipal Election for the submission to the qualified voters of a proposed ordinance amending the City's Transient Occupancy Tax by extending the period of transiency subject to the tax from 30 to 90 days, addressing online travel company and other third party bookings, and making various conforming changes. Resolution No. 6808 setting priorities for filing written arguments regarding a City Measure and directing the City Attorney to prepare an impartial Analysis. Resolution No. 6809 providing for the filing of rebuttal arguments for City Measures submitted at Municipal Elections. Resolution No. 6802 calling for the holding of a General Municipal Election on Tuesday, April 10, 2012 for the election of certain officers as required by the City Charter. Resolution No. 6803 requesting the Board of Supervisors of the County of Los Angeles to render specified services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, April 10, 2012. Resolution No. 6804 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, April 10, 2012. APPROVED: Donald Penman City Manager 4 Alternate "A" Resolutions (All Mail Ballot Election) ALTERNATE "A" RESOLUTION NO. 6801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON AN ALL MAIL BALLOT TO BE HELD AT THE APRIL 10, 2012 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE CITY'S TRANSIENT OCCUPANCY TAX BY EXTENDING THE PERIOD OF TRANSIENCY SUBJECT TO THE TAX FROM 30 TO 90 DAYS, ADDRESSING ONLINE TRAVEL COMPANY AND OTHER THIRD PARTY BOOKINGS, AND MAKING VARIOUS CONFORMING CHANGES. WHEREAS, pursuant to Section 9222 of the California Elections Code, the City Council has authority to place propositions on the ballot to be considered at a Municipal Election; and WHEREAS, pursuant to Article II, Chapter 6, Part 6 of the Arcadia Municipal Code (A.M.C. §§2661 — 2664.9), the City currently imposes a Transient Occupancy Tax ("TOT") at the rate of ten percent (10%) upon guests of hotels and other transient accommodations within the City; and WHEREAS, the City Council desires to amend the Arcadia Municipal Code to extend the period of transiency subject to the imposition and collection of the TOT from 30 days to 90 days; and WHEREAS, the City Council desires to amend the Arcadia Municipal Code to allow for the imposition and collection of the TOT on the full rent charged to a guest for hotel occupancy, whether the occupancy is booked directly by the guest, through the guest's employer or agent, or through online travel companies which enable guests to purchase occupancy via the Internet, or by similar electronic means; and 1 WHEREAS, the TOT is a general tax the proceeds of which are deposited into the City's general fund. The general fund pays for essential City services such as police protection, fire and paramedic services, street operations and maintenance, library services, parks and recreation services and general municipal services to the public; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and WHEREAS, the amendments proposed in the attached ordinance extending the period of transiency that may be subject to the TOT from 30 days to 90 days may be characterized as an "increase" in the TOT under Proposition 218; and WHEREAS, the amendments proposed in the attached ordinance which apply the TOT rate to the total rent charged to a guest for occupancy in a hotel (including any retail markup and other charges imposed through purchase of occupancy through an employer, agent or on-line travel company) may also be characterized as an "increase" in the TOT under Proposition 218; and WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), any election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and 2 WHEREAS, pursuant to the Arcadia City Charter, Section 1100, the City's General municipal elections for the election of officers are held on the second Tuesday in April in each even-numbered year. Therefore, the next regularly scheduled General Municipal Election for the election of members of the City Council will be held on Tuesday, April 10, 2012; and WHEREAS, pursuant to California Elections Code, Section 4000 and Arcadia Municipal Code, Section 1703, the City Council may, by resolution, authorize the election on this Measure to be conducted by all-mail ballot; and WHEREAS, the City Council desires to submit to the voters, via an all mail ballot, at the April 10, 2012 General Municipal Election one ballot proposition, entitled: "Shall an ordinance amending the Arcadia Municipal Code to extend the period of occupancy subject to the Transient Occupancy (Hotel) Tax from 30 days to 90 days, and to apply the Tax to all rent charged by hotel operators, including online travel companies, for the transient occupancy of any hotel room, be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and library, parks and recreation services?" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council finds that all of the preceding recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. 3 SECTION 2. Calling and Giving Notice of General Municipal Election. The City Council hereby calls and gives notice of a General Municipal Election to be held on Tuesday, April 10, 2012 to be conducted by all mail ballot in the City of Arcadia, County of Los Angeles. SECTION 3. Submission of Measure. Pursuant to applicable requirements of the laws of the State of California, the City Council hereby orders the ordinance attached hereto as Exhibit "A" and by this reference incorporated herein and made an operative part hereof, to be submitted to the voters of the City at the General Municipal Election by all mail ballot, to be held on Tuesday, April 10, 2012: SECTION 4. The ballot proposition shall be presented and printed upon the ballot submitted to the voters in the manner and form set forth in this Section 4. On the ballot to be submitted to the qualified voters at the City General Municipal Election to be held on Tuesday, April 10, 2012, in addition to any other matters required by law, there shall be printed substantially the following: "Shall an ordinance amending the Arcadia YES Municipal Code to extend the period of occupancy subject to the Transient Occupancy (Hotel) Tax from 30 days to 90 days, and to apply the Tax to all rent charged by hotel operators, including online travel companies, for the transient occupancy of any hotel room, be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and library, parks and recreation services?" NO 4 SECTION 5. Conduct of Election. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election by all mail ballot. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That pursuant to the City of Arcadia Municipal Code, and other applicable provisions of the City Charter and Ordinances of the City of Arcadia, said General Election shall be conducted by all mail ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter and Ordinances of the City of Arcadia. Notwithstanding Elections Code Section 4103, ballots cast in this General Election shall be returned to the Office of the City Clerk no later than 8:00 p.m. on election day. Only ballots received in the Office of the City Clerk by 8:00 p.m. on election day shall be counted. SECTION 7. Notice of Election. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. Impartial Analysis. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing 5 law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten (10) days following the adoption of this Resolution. SECTION 9. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, April 10, 2012, file with the Board of Supervisors and the County Clerk — Registrar of Voters of the County of Los Angeles, State of California, a certified copy of this Resolution. SECTION 10. Public Examination. Pursuant to California Elections Code §9295, this measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election. The Clerk shall post notice in the Clerk's office of the specific dates that the examination period will run. SECTION 11. Certification. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: p Stephen P. Deitsch City Attorney 6 Exhibit "A" MEASURE " " AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA AMENDING THE CITY'S TRANSIENT OCCUPANCY TAX CODE BY EXTENDING THE PERIOD OF TRANSIENCY SUBJECT TO THE TAX FROM 30 TO 90 DAYS, ADDRESSING ONLINE TRAVEL COMPANY AND OTHER THIRD PARTY BOOKINGS, AND MAKING VARIOUS CONFORMING CHANGES. THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Divisions 1 through 3 of Part 6 of Chapter 6 of Article II of the Arcadia Municipal Code are hereby amended to read as follows: "PART 6 —TRANSIENT OCCUPANCY TAX DIVISION 1. — DEFINITIONS 2661. - DEFINITIONS. 2661.1. - TITLE. 2661.2. - HOTEL. 2661.3. - OCCUPANCY. 2661.4. - TRANSIENT. 2661.5. - RENT. 2661.6. - OPERATOR. 2661.7. - TAX ADMINISTRATOR. 2661.8. — ONLINE TRAVEL COMPANY. 2661.9. - PERSON. 2661.10 — BLOCK RESERVATION 2661. - DEFINITIONS. For the purpose of this Part certain words and terms are hereafter defined and shall have the meaning thus ascribed. 2661.1. - TITLE. This Part shall be known as the Transient Occupancy Tax Ordinance of the City of Arcadia. 7 2661.2. - HOTEL. "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. 2661.3. - OCCUPANCY. "Occupancy" means the use or possession, or the right to the use or possession of any room or rooms or portion thereof (whether or not the person entitled to the use or possession actually uses or possesses such room or rooms or portion thereof), in any hotel for dwelling, lodging or sleeping purposes. The use or possession or right to use or possess any room or any suite of connecting rooms as office space, banquet or private dining rooms, or exhibits, sample or display space shall not be considered "occupancy" within the meaning of this definition unless the person exercising occupancy uses or possesses, or has the right to use or possess all or any portion of such room or suite of rooms for dwelling, lodging or sleeping purposes. 2661.4. - TRANSIENT. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of ninety (90) consecutive calendar days or less, counting portions of calendar days as full days. The following rules shall apply to this definition: 8 A. Any such person so occupying or entitled to occupy a room in a hotel shall be deemed to be a transient until the period of ninety (90) calendar days has expired. In the event a person exercises or is entitled to occupancy for a continuous and uninterrupted period of longer than ninety (90) calendar days, he or she shall be deemed a transient and subject to the tax for only the first ninety (90) calendar days of occupancy and shall cease being a transient and the tax shall not apply on the ninety- first (91st) day of occupancy and following. However, any break or interruption in occupancy shall start a new ninety (90) day period subject to the tax. B. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this Part may be considered. C Any person who exercises or is entitled to occupancy fora period of ninety (90) consecutive calendar days or less shall be deemed to be a transient for that period, regardless of whether the reservation and/or payment for occupancy is made directly by the person exercising or entitled to occupancy or by another person. The intent is to tax the person exercising occupancy or having the entitlement to occupancy of a hotel room. D. In the case of a block reservation, a person's employee or agent shall be deemed a transient if that employee or agent exercises or is entitled to occupancy of a room for a period of ninety (90) consecutive calendar days or less, regardless of the duration of any block reservation agreement. By way of example, if a corporation enters into a one-year block reservation agreement with an operator and one of the corporation's employees occupies a room for ninety (90) calendar days, the employee 9 shall be deemed a transient whose occupancy is subject to the tax, notwithstanding the fact that the block reservation agreement has a duration longer than ninety (90) calendar days. 2661.5. - RENT. "Rent" means the total consideration charged to the transient, (including but not limited to, room rates, service charges, parking fees, purchase price, advance registration, block or group reservation charges, assessments, retail markup, commission, processing fees, cancellation charges, attrition fees, or online booking fees), whether or not received, for occupancy in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Nothing in this definition shall be construed to mean that rent is charged directly or indirectly for occupancy in a hotel when a room is provided to the transient as a compliment for the operator and where no consideration is charged to or received from any other person. Further, bona fide charges for food and beverages which are subject to tax under the California Sales and Use Tax Law (Revenue and Taxation Code Sections 6001 et. sec{.) shall not be deemed rent subject to the tax imposed by this Part. 2661.6. - OPERATOR. "Operator" means a person who is proprietor of the hotel or any other person who has the right to rent rooms within the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, seller, reseller, or any other capacity. Where the operator performs his functions through a managing agent or 10 booking agent of any type or character, other than an employee (including, but not limited to, an online travel company), the managing agent or booking agent shall also be deemed an operator for the purposes of this Part and shall have the same duties and liabilities as his principal. Full compliance with the provisions of this Part by either the principal or the managing agent or booking agent shall, however, be considered to be compliance by both. 2661.7. - TAX ADMINISTRATOR. "Tax Administrator" means the City Director of Finance, or his or her designee. 2661.8. — ONLINE TRAVEL COMPANY. "Online Travel Company" shall mean any person, whether operating for profit or not for profit, which enables transients to purchase occupancy in a hotel via the Internet, or by similar electronic means. 2661.9. - PERSON. "Person" shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. 2661.10. — BLOCK RESERVATION. "Block Reservation" shall means an arrangement whereby a person reserves, whether on an exclusive or non-exclusive basis, a room or block/group of rooms for a defined period of time under a written or oral agreement with an operator, intending for such room(s) to be occupied by that person's employees or agents on an intermittent, periodic or "as needed" basis during that defined period of time. 11 DIVISION 2. — IMPOSITION AND RATE 2662. - TAX IMPOSED. 2662. - TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing occupancy. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. The proceeds of this tax are allocated to the City's general fund for governmental expenditures. DIVISION 3. - EXEMPTIONS 2663. - EXEMPTIONS 2663.1. - SAME. EXEMPTED BY LAW. 2663.2. - SAME. OFFICIALS. 2663.3. - SAME. FOREIGN AGENCIES. 2663.4. - SAME. PROCEDURE. 2663. - EXEMPTIONS. The tax enacted by this Part shall not be imposed upon any person or agency defined in the following subsections. 2663.1. - SAME. EXEMPTED BY LAW. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided. 12 2663.2. - SAME. OFFICIALS. Any federal or State of California officer or employee when occupying a room while on official government business. For purposes of this section, students, non- employee supporters and volunteers of California public universities and colleges shall not be deemed to be officers or employees of the State of California. 2663.3. - SAME. FOREIGN AGENCIES. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. 2663.4. - SAME. PROCEDURE. No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. Any federal or State of California officer or employee when on official government business claiming such an exemption shall provide to the operator as conclusive evidence that his or her occupancy is for the official business of his or her employer: (1) Travel orders from his or her government employer; or a government warrant issued by his or her employer to pay for the occupancy; or a government credit card issued by his or her employer to pay for the occupancy; and (2) proof of his or her governmental employment as an employee or officer as described in paragraph (1) of this subsection (b), and proof, consistent with these provisions, that his or her occupancy is for the official business of his or her governmental employer. 13 It shall be the duty of an operator to keep and maintain for a period of three (3) years written documentation in support of each exemption granted under this Division 3 ', SECTION 2. Effective Date. Pursuant to California Constitution Article XIIIC §(2)(b) and California Elections Code §9217, if a majority of the qualified voters voting in the election on Measure vote in favor of the adoption of such measure, this ordinance shall be deemed valid and binding and shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The People of the City of Arcadia hereby declare that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. Certification/Summary. Following the City Clerk's certification that the citizens of Arcadia have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law. 14 Adopted by the People of the City of Arcadia on the 10th day of April, 2012. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 15 ALTERNATE "A" RESOLUTION NO. 6808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, an All Mail Ballot General Municipal Election is to be held in the City of Arcadia, California on Tuesday, April 10, 2012, at which there will be submitted to the voters the following measure: "Shall an ordinance amending the Arcadia Municipal Code to extend the period of occupancy subject to the Transient Yes Occupancy (Hotel) Tax from 30 days to 90 days, and to apply the Tax to all rent charged by hotel operators, including online travel companies, for the transient No occupancy of any hotel room, be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and library, parks and recreation services?" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council authorizes (i) all members of the City Council, (ii) any individual voter eligible to vote on the above Measure, (iii) a bona fide association of such citizens or (iv) any combination thereof, to file a written argument in favor of or against the City Measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed below by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be December 20, 2011, 5:00 p.m. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) 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. SECTION 2. The City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. If the Measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed with the City Clerk within ten (10) days following adoption of the Resolution calling the election. SECTION 3. That the provisions of this Resolution shall apply only to the election to be held on April 10, 2012 and shall then be repealed. SECTION 4. That all previous resolutions providing for the filing of primary arguments related to city measures are repealed. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: 6--%Cad Stephen P. Deitsch City Attorney 3 ALTERNATE "A" RESOLUTION NO. 6809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Sections 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at municipal elections; and WHEREAS, an All Mail Ballot General Municipal Election has been called for April 10, 2012 in the City of Arcadia at which a measure (the "Measure") will be submitted to the voters pertaining to the City's Transient Occupancy Tax Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the Measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the Measure to the authors of any argument against the Measure and a copy of an argument against the Measure to the authors of any argument in favor of the Measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city Measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign a rebuttal argument. A rebuttal argument may not be signed by more than five individuals. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) 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. The deadline for submitting rebuttal arguments concerning the Measure is hereby declared by the City Clerk to be December 29, 2011, 5:30 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut. SECTION 2. That the provisions of this Resolution shall apply only to the election to be held on April 10, 2012 and shall then be repealed. SECTION 3. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: cc&fatit,, 4-6ati Stephen P. Deitsch City Attorney 3 ALTERNATE "A" RESOLUTION NO. 6802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CALLING FOR THE HOLDING OF AN ALL MAIL BALLOT GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 10, 2012 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE CITY CHARTER THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to City Charter Section 1100, a General Municipal Election shall be held on Tuesday, April 10, 2012, for the election of two (2) Members of the City Council for a full term of four (4) years ending April 12, 2016; and a City Clerk for a full term of four (4) years ending April 12, 2016. SECTION 2. The ballots to be used in the all mail ballot election shall be in the form and content as required by law. SECTION 3. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the all mail ballot election. SECTION 4. All ballots cast in the All Mail Ballot General Municipal Election shall be returned by mail, in person or other authorized person to the office of the City Clerk no later than 8:00 p.m. on the date of election. Any ballot received by the Elections Official by mail or at the office of the City Clerk after 8:00 p.m. on the date of election shall not be counted. SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. The notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of properly submitted bills. SECTION 8. The City Clerk shall certify to the adoption of this Resolution and shall cause notice of the election, the offices to be filled, and other matters relating to the election to be given as required by the Elections Code of the State of California. Passed, approved, and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: (J-r.{-f;Abir.' 14;a-tie Stephen P. Deitsch City Attorney 2 ALTERNATE "A" RESOLUTION NO. 6803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF AN ALL MAIL BALLOT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 2012 WHEREAS, an All Mail Ballot General Municipal Election is to be held in the City of Arcadia, California, on April 10, 2012; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Arcadia. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of Los Angeles County to permit the County Election Department to prepare and furnish the following for use in conducting the election: 1. A listing of county precincts with number of registered voters in each, so the City may consolidate election precincts into city voting precincts, and maps of the voting precincts; 2. The computer record of the names and addresses of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote-by-mail voters; 1 b. Produce labels for sample ballot pamphlets; 3. Voter signature verification services as needed; 4. Make available to the City election equipment and assistance as needed according to State law. SECTION 2. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and is directed to forward without delay to said Board of Supervisors and to the County Elections Department a certified copy of this Resolution. Passed, approved, and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: T6 /teA, 4d Stephen P. Deitsch City Attorney 2 ALTERNATE "A" RESOLUTION NO. 6804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ALL MAIL BALLOT ELECTION TO BE HELD ON TUESDAY, APRIL 10, 2012 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the All Mail Ballot General Municipal Election to be held in the City of Arcadia on April 10, 2012 may prepare a candidate's statement on an appropriate form provided by the City Clerk for inclusion in the voter's pamphlet. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten format in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not 1 changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. (A) Pursuant to the Federal Voting Rights Act, the City is required to translate candidate statements into Chinese, Spanish and Vietnamese languages. (B) Pursuant to State law, a candidate's statement must be translated and printed in the voter's pamphlet in any language at the candidate's request. (C) The City Clerk shall: (1) Translations (a) have all candidate statements translated into the languages specified in subsection (A) above; and (b) have translated those statements into the languages as requested by the candidate in subsection (B) above. (2) Printing (a) print all translations of all candidate statements in the main voter pamphlet. The main voter pamphlet will be in English, Spanish, Chinese and Vietnamese. (b) print any translations of candidates in the languages as requested by the candidate in subsection (B) above. SECTION 3. PAYMENT. A. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in 2 subsections (A) and (B) of Section 2 above pursuant to Federal and State law. B. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter's pamphlet. C. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required by subsection (A) of Section 2 above in the main voter's pamphlet. D. The candidate shall be required to pay for the cost of printing the candidate's statement in any foreign language requested by the candidate pursuant to subsection (B) of Section 2 above in the main voter's pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City Clerk his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate of costs is just an approximation of the actual cost that varies from one election to another and the actual cost may ultimately be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Each candidate shall be required to pay upon receipt of an invoice his or her prorated share of actual costs should those costs exceed the estimated amount deposited. In the event of overpayment, the City Clerk shall prorate the excess amount 3 among the candidates and refund the excess amount paid within thirty (30) days of the election. SECTION 4. MISCELLANEOUS. A. All candidate statements shall be translated by court certified translators provided by the City's election consultants. B. The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens to the same extent and manner as allowed in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 6. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. All previous resolutions establishing City Council policy on payment for candidates' statements to the extent they are inconsistent herewith are deemed to be of no further force or effect. SECTION 8. This Resolution shall apply only to the election to be held on April 10, 2012 and shall thereafter be deemed to be of no further force or effect. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. 4 Passed, approved, and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: .c*Aet„ P Stephen P. Deitsch City Attorney 5 ALTERNATE "A" RESOLUTION NO. 6810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING PROCEDURES FOR CONDUCTING CITY ELECTIONS BY ALL MAIL BALLOT WHEREAS, the City Council desires that the April 10, 2012 General Municipal Election be conducted as an all-mail ballot election; and WHEREAS, the City Council desires to establish procedures for conducting said April 10, 2012 General Municipal Election, and any other election designated from time to time by the City Council as an all-mail ballot election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Scope of Mail Ballot Election. At the time of calling any municipal election, the City Council may, by ordinance or resolution, as appropriate, determine and order that said election shall be conducted wholly by mail ballot. Nothing contained in this Resolution shall prevent the City Council from providing by ordinance or resolution that the mail ballot election shall be conducted differently than required or provided herein. Except insofar as otherwise provided herein, all mail ballot elections shall be conducted and canvassed pursuant to the provisions of the Election Code. SECTION 2. Dates for General Municipal Election. The date for any mail ballot general municipal election or any other date shall be set by resolution of the City Council. 1 SECTION 3. Provision of Ballot Materials. The Elections Official shall provide to each registered voter appropriate supplies necessary for the use and return of the ballot by mail. A. Each ballot mailed by the Elections Official shall be accompanied by a ballot pamphlet and instructions for return of the ballot, including the location of all official ballot drop-off centers for the election, and the date and time by which such ballot must be received at an official ballot drop-off center to be counted for the election. B. Each ballot mailed by the Elections Official shall be accompanied by an official return envelope. C. The return envelope shall bear the following information, to be printed thereon by the Elections Official or provided by the voter, as appropriate: 1. A notice that the envelope contains an official ballot and is to be opened only by the canvassing board. 2. A warning plainly printed that voting more than once constitutes a crime. 3. A declaration of the voter, under penalty of perjury, that he or she resides within the precinct in which he or she is voting and is the person whose name appears on the envelope. 4. The residence address of the voter as shown on the affidavit of registration. 5. The signature of the voter. 6. The date of signing. 7. If the ballot will be returned in person by someone other than the voter, the voter's handwritten designation of that person by name, and a declaration signed by the voter, under penalty of perjury, that said adult person has been authorized by the voter to return the ballot. Such person shall not be a candidate for any office or a proponent for or against a measure in said election. 2 D. The Elections Official shall not commence to mail the ballot and election materials prior to the 29th day before the election, and shall complete the mailing no later than the 10th day prior to the election. E. The failure of any registered voter to receive an official ballot shall not invalidate any election conducted pursuant to this section. SECTION 4. Return of Ballots A. Ballots may be returned by regular, certified or registered United States mail, overnight commercial carrier or in person. Ballots returned in person may be returned to any officially designated ballot drop-off centers. B. All ballots shall be delivered, by mail to the Elections Official or in person by the voter or other authorized person to the official ballot drop-off centers, no later than 8:00 p.m. on the date of the election. Any ballot received by the Elections Official by mail or at an official ballot drop-off center after 8:00 p.m. on the date of the election shall not be accepted or counted; however, if at the time of the announcement there are any voters inside an official ballot drop-off center who have not been able to deposit their official ballot envelope with the election officials there, the election officials shall continue to accept envelopes from such voters until all have had the opportunity to deliver their ballots. C. Any ballot returned in person shall be returned by the voter who was authorized to cast the ballot or by an adult person designated and authorized, in said voter's own handwriting, in the appropriate place provided by the Elections Official on the outside of the return envelope. Such person shall not be a candidate for any office or a proponent for or against a measure in said election. 3 provide the necessary materials to enable voters to cast their votes in person in accordance with the provisional ballot provisions of the Elections Code. SECTION 8. Processing of Ballots. Notwithstanding any provision in the California Elections Code, the Elections Official may commence processing the ballots - opening the envelopes and removing the ballots - no earlier than the seventh working day prior to the election. However, the Elections Official shall not release any results until 8:00 p.m. on the day of the election. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: (*tat-) Pl Stephen P. Deitsch City Attorney 6 Alternate "B" Resolutions (Traditional Election) ALTERNATE "B" RESOLUTION NO. 6801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE TO BE HELD AT THE APRIL 10, 2012 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE AMENDING THE CITY'S TRANSIENT OCCUPANCY TAX BY EXTENDING THE PERIOD OF TRANSIENCY SUBJECT TO THE TAX FROM 30 TO 90 DAYS, ADDRESSING ONLINE TRAVEL COMPANY AND OTHER THIRD PARTY BOOKINGS, AND MAKING VARIOUS CONFORMING CHANGES. WHEREAS, pursuant to Section 9222 of the California Elections Code, the City Council has authority to place propositions on the ballot to be considered at a Municipal Election; and WHEREAS, pursuant to Article II, Chapter 6, Part 6 of the Arcadia Municipal Code (A.M.C. §§2661 — 2664.9), the City currently imposes a Transient Occupancy Tax ("TOT") at the rate of ten percent (10%) upon guests of hotels and other transient accommodations within the City; and WHEREAS, the City Council desires to amend the Arcadia Municipal Code to extend the period of transiency subject to the imposition and collection of the TOT from 30 days to 90 days; and WHEREAS, the City Council desires to amend the Arcadia Municipal Code to allow for the imposition and collection of the TOT on the full rent charged to a guest for hotel occupancy, whether the occupancy is booked directly by the guest, through the guest's employer or agent, or through online travel companies which enable guests to purchase occupancy via the Internet, or by similar electronic means; and 1 WHEREAS, the TOT is a general tax the proceeds of which are deposited into the City's general fund. The general fund pays for essential City services such as police protection, fire and paramedic services, street operations and maintenance, library services, parks and recreation services and general municipal services to the public; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and WHEREAS, the amendments proposed in the attached ordinance extending the period of transiency that may be subject to the TOT from 30 days to 90 days may be characterized as an "increase" in the TOT under Proposition 218; and WHEREAS, the amendments proposed in the attached ordinance which apply the TOT rate to the total rent charged to a guest for occupancy in a hotel (including any retail markup and other charges imposed through purchase of occupancy through an employer, agent or on-line travel company) may also be characterized as an "increase" in the TOT under Proposition 218; and WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), any election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, pursuant to the Arcadia City Charter, Section 1100, the City's General municipal elections for the election of officers are held on the second Tuesday 2 in April in each even-numbered year. Therefore, the next regularly scheduled General Municipal Election for the election of members of the City Council will be held on Tuesday, April 10, 2012; and WHEREAS, the City Council desires to submit to the voters at the April 10, 2012 General Municipal Election one ballot proposition, entitled: "Shall an ordinance amending the Arcadia Municipal Code to extend the period of occupancy subject to the Transient Occupancy (Hotel) Tax from 30 days to 90 days, and to apply the Tax to all rent charged by hotel operators, including online travel companies, for the transient occupancy of any hotel room, be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and library, parks and recreation services?" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council finds that all of the preceding recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. SECTION 2. Calling and Giving Notice of General Municipal Election. The City Council hereby calls and gives notice of a General Municipal Election to be held on Tuesday, April 10, 2012 in the City of Arcadia, County of Los Angeles. SECTION 3. Submission of Measure. Pursuant to applicable requirements of the laws of the State of California, the City Council hereby orders the ordinance attached hereto as Exhibit "A" and by this reference incorporated herein and made an operative part hereof, to be submitted to the voters of the City at the General Municipal 3 Election to be held on Tuesday, April 10, 2012: SECTION 4. The ballot proposition shall be presented and printed upon the ballot submitted to the voters in the manner and form set forth in this Section 4. On the ballot to be submitted to the qualified voters at the City General Municipal Election to be held on Tuesday, April 10, 2012, in addition to any other matters required by law, there shall be printed substantially the following: "Shall an ordinance amending the Arcadia YES Municipal Code to extend the period of occupancy subject to the Transient Occupancy (Hotel) Tax from 30 days to 90 days, and to apply the Tax to all rent charged by hotel operators, including online travel companies, for the transient occupancy of any hotel room, be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and library, parks and recreation services?" NO SECTION 5. Conduct of Election. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of Election. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 4 SECTION 7. Impartial Analysis. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten (10) days following the adoption of this Resolution. SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, April 10, 2012, file with the Board of Supervisors and the County Clerk — Registrar of Voters of the County of Los Angeles, State of California, a certified copy of this Resolution. SECTION 9. Public Examination. Pursuant to California Elections Code §9295, this measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the sample ballot. The examination period will end on the day that is seventy-five (75) days prior to the date set for the election. The Clerk shall post notice in the Clerk's office of the specific dates that the examination period will run. SECTION 10. Certification. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 5 Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: 141.e4,1 4-11r44.4f Stephen P. Deitsch City Attorney 6 Exhibit "A" MEASURE " " AN ORDINANCE OF THE PEOPLE OF THE CITY OF ARCADIA AMENDING THE CITY'S TRANSIENT OCCUPANCY TAX CODE BY EXTENDING THE PERIOD OF TRANSIENCY SUBJECT TO THE TAX FROM 30 TO 90 DAYS, ADDRESSING ONLINE TRAVEL COMPANY AND OTHER THIRD PARTY BOOKINGS, AND MAKING VARIOUS CONFORMING CHANGES. THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Divisions 1 through 3 of Part 6 of Chapter 6 of Article II of the Arcadia Municipal Code are hereby amended to read as follows: "PART 6 —TRANSIENT OCCUPANCY TAX DIVISION 1. — DEFINITIONS 2661. - DEFINITIONS. 2661.1. - TITLE. 2661.2. - HOTEL. 2661.3. - OCCUPANCY. 2661.4. - TRANSIENT. 2661.5. - RENT. 2661.6. - OPERATOR. 2661.7. - TAX ADMINISTRATOR. 2661.8. — ONLINE TRAVEL COMPANY. 2661.9. - PERSON. 2661.10 — BLOCK RESERVATION 2661. - DEFINITIONS. For the purpose of this Part certain words and terms are hereafter defined and shall have the meaning thus ascribed. 2661.1. - TITLE. This Part shall be known as the Transient Occupancy Tax Ordinance of the City of Arcadia. 7 2661.2. - HOTEL. "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. 2661.3. - OCCUPANCY. "Occupancy" means the use or possession, or the right to the use or possession of any room or rooms or portion thereof (whether or not the person entitled to the use or possession actually uses or possesses such room or rooms or portion thereof), in any hotel for dwelling, lodging or sleeping purposes. The use or possession or right to use or possess any room or any suite of connecting rooms as office space, banquet or private dining rooms, or exhibits, sample or display space shall not be considered "occupancy" within the meaning of this definition unless the person exercising occupancy uses or possesses, or has the right to use or possess all or any portion of such room or suite of rooms for dwelling, lodging or sleeping purposes. 2661.4. -TRANSIENT. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of ninety (90) consecutive calendar days or less, counting portions of calendar days as full days. The following rules shall apply to this definition: A. Any such person so occupying or entitled to occupy a room in a hotel shall be deemed to be a transient until the period of ninety (90) calendar days has expired. 8 In the event a person exercises or is entitled to occupancy for a continuous and uninterrupted period of longer than ninety (90) calendar days, he or she shall be deemed a transient and subject to the tax for only the first ninety (90) calendar days of occupancy and shall cease being a transient and the tax shall not apply on the ninety- first (91st) day of occupancy and following. However, any break or interruption in occupancy shall start a new ninety (90) day period subject to the tax. B. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this Part may be considered. C. Any person who exercises or is entitled to occupancy for a period of ninety (90) consecutive calendar days or less shall be deemed to be a transient for that period, regardless of whether the reservation and/or payment for occupancy is made directly by the person exercising or entitled to occupancy or by another person. The intent is to tax the person exercising occupancy or having the entitlement to occupancy of a hotel room. D. In the case of a block reservation, a person's employee or agent shall be deemed a transient if that employee or agent exercises or is entitled to occupancy of a room for a period of ninety (90) consecutive calendar days or less, regardless of the duration of any block reservation agreement. By way of example, if a corporation enters into a one-year block reservation agreement with an operator and one of the corporation's employees occupies a room for ninety (90) calendar days, the employee shall be deemed a transient whose occupancy is subject to the tax, notwithstanding the fact that the block reservation agreement has a duration longer than ninety (90) calendar days. 9 2661.5. - RENT. "Rent" means the total consideration charged to the transient, (including but not limited to, room rates, service charges, parking fees, purchase price, advance registration, block or group reservation charges, assessments, retail markup, commission, processing fees, cancellation charges, attrition fees, or online booking fees), whether or not received, for occupancy in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Nothing in this definition shall be construed to mean that rent is charged directly or indirectly for occupancy in a hotel when a room is provided to the transient as a compliment for the operator and where no consideration is charged to or received from any other person. Further, bona fide charges for food and beverages which are subject to tax under the California Sales and Use Tax Law (Revenue and Taxation Code Sections 6001 et. seq.) shall not be deemed rent subject to the tax imposed by this Part. 2661.6. - OPERATOR. "Operator" means a person who is proprietor of the hotel or any other person who has the right to rent rooms within the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, seller, reseller, or any other capacity. Where the operator performs his functions through a managing agent or booking agent of any type or character, other than an employee (including, but not limited to, an online travel company), the managing agent or booking agent shall also be deemed an operator for the purposes of this Part and shall have the same duties and liabilities as his principal. Full compliance with the provisions of this Part by either the 10 principal or the managing agent or booking agent shall, however, be considered to be compliance by both. 2661.7. - TAX ADMINISTRATOR. "Tax Administrator" means the City Director of Finance, or his or her designee. 2661.8. — ONLINE TRAVEL COMPANY. "Online Travel Company" shall mean any person, whether operating for profit or not for profit, which enables transients to purchase occupancy in a hotel via the Internet, or by similar electronic means. 2661.9. - PERSON. "Person" shall mean any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. 2661.10. — BLOCK RESERVATION. "Block Reservation" shall means an arrangement whereby a person reserves, whether on an exclusive or non-exclusive basis, a room or block/group of rooms for a defined period of time under a written or oral agreement with an operator, intending for such room(s) to be occupied by that person's employees or agents on an intermittent, periodic or "as needed" basis during that defined period of time. DIVISION 2. — IMPOSITION AND RATE 2662. - TAX IMPOSED. 2662. - TAX IMPOSED. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of ten percent (10%) of the rent charged by the operator. Said 11 tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing occupancy. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. The proceeds of this tax are allocated to the City's general fund for governmental expenditures. DIVISION 3. - EXEMPTIONS 2663. - EXEMPTIONS 2663.1. - SAME. EXEMPTED BY LAW. 2663.2. - SAME. OFFICIALS. 2663.3. - SAME. FOREIGN AGENCIES. 2663.4. - SAME. PROCEDURE. 2663. - EXEMPTIONS. The tax enacted by this Part shall not be imposed upon any person or agency defined in the following subsections. 2663.1. - SAME. EXEMPTED BY LAW. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided. 2663.2. - SAME. OFFICIALS. Any federal or State of California officer or employee when occupying a room while on official government business. For purposes of this section, students, non- employee supporters and volunteers of California public universities and colleges shall not be deemed to be officers or employees of the State of California. 12 2663.3. - SAME. FOREIGN AGENCIES. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. 2663.4. - SAME. PROCEDURE. No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax Administrator. Any federal or State of California officer or employee when on official government business claiming such an exemption shall provide to the operator as conclusive evidence that his or her occupancy is for the official business of his or her employer: (1) Travel orders from his or her government employer; or a government warrant issued by his or her employer to pay for the occupancy; or a government credit card issued by his or her employer to pay for the occupancy; and (2) proof of his or her governmental employment as an employee or officer as described in paragraph (1) of this subsection (b), and proof, consistent with these provisions, that his or her occupancy is for the official business of his or her governmental employer. It shall be the duty of an operator to keep and maintain for a period of three (3) years written documentation in support of each exemption granted under this Division 3.,' SECTION 2. Effective Date. Pursuant to California Constitution Article XIIIC §(2)(b) and California Elections Code §9217, if a majority of the qualified voters voting in the election on Measure vote in favor of the adoption of such measure, this 13 ordinance shall be deemed valid and binding and shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The People of the City of Arcadia hereby declare that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. Certification/Summary. Following the City Clerk's certification that the citizens of Arcadia have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law. Adopted by the People of the City of Arcadia on the 10th day of April, 2012. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 14 ALTERNATE "B" RESOLUTION NO. 6808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Arcadia, California on Tuesday, April 10, 2012, at which there will be submitted to the voters the following measure: "Shall an ordinance amending the Arcadia Municipal Code to extend the period of occupancy subject to the Transient Yes Occupancy (Hotel) Tax from 30 days to 90 days, and to apply the Tax to all rent charged by hotel operators, including online travel companies, for the transient No occupancy of any hotel room, be adopted to help preserve general City services such as police and fire protection, street operations and maintenance, and library, parks and recreation services'?" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council authorizes (i) all members of the City Council, (ii) any individual voter eligible to vote on the above Measure, (iii) a bona fide association of such citizens or (iv) any combination thereof, to file a written argument in favor of or against the City Measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed below by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. 1 rr..r The deadline to submit arguments for or against the City Measure pursuant to this Resolution is declared by the City Clerk to be December 20, 2011, 5:00 p.m. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) 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. SECTION 2. The City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. If the Measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed with the City Clerk within ten (10) days following adoption of the Resolution calling the election. SECTION 3 That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this day of 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Scle," P l Stephen P. Deitsch City Attorney 3 ALTERNATE "B" RESOLUTION NO. 6809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Sections 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at municipal elections; and WHEREAS, a General Municipal Election has been called for April 10, 2012 in the City of Arcadia at which a measure (the "Measure") will be submitted to the voters pertaining to the City's Transient Occupancy Tax Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the Measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the Measure to the authors of any argument against the Measure and a copy of an argument against the Measure to the authors of any argument in favor of the Measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city Measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign a rebuttal argument. A rebuttal argument may not be signed by more than five individuals. 1 The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) 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. The deadline for submitting rebuttal arguments concerning the Measure is hereby declared by the City Clerk to be December 29, 2011, 5:30 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut. SECTION 2. That the provisions of this Resolution shall apply only to the election to be held on April 10, 2012 and shall then be repealed. SECTION 3. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: p 4-atzx Stephen P. Deitsch City Attorney 2 ALTERNATE "B" RESOLUTION NO. 6802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, APRIL 10, 2012 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE CITY CHARTER THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to City Charter Section 1100, a General Municipal Election shall be held on Tuesday, April 10, 2012, for the election of two (2) Members of the City Council for the full term of four (4) years ending April 12, 2016; and a City Clerk for a full term of four (4) years ending April 12, 2016. SECTION 2. The ballots to be used at the election shall be in the form and content as required by law. SECTION 3. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. The polls for said election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. Pursuant to Elections Code Section 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of $125.00 for a each inspector and $100.00 for each clerk for the election. In addition, the fixed compensation includes $25.00 for each precinct board member to attend a mandatory training class. The rental for each polling place, where a charge is made, shall be the sum of $50.00 and where a charge is made, the compensation of the custodian of a building shall be $35.00 for the election. SECTION 6. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. The notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. The City Clerk shall certify to the adoption of this Resolution and shall cause notice of the election, the offices to be filled, and other matters relating to the election to be given as required by the Elections Code of the State of California. Passed, approved, and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FO RM: SL4V/Lit.1 Pl Stephen P. Deitsch City Attorney 2 ALTERNATE "B" RESOLUTION NO. 6803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 10, 2012 WHEREAS, a General Municipal Election is to be held in the City of Arcadia, California, on April 10, 2012; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Arcadia. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of Los Angeles County to permit the County Election Department to prepare and furnish the following for use in conducting the election: 1. A listing of county precincts with number of registered voters in each, so the City may consolidate election precincts into city voting precincts, and maps of the voting precincts; 2. The computer record of the names and addresses of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote-by-mail voters; 1 b. Produce labels for sample ballot pamphlets; c. Print Rosters of Voters and Street Indexes; 3. Printed indices of the voters to be used by the precinct board at the polling place; 4. Voter signature verification services as needed; 5. Additional election equipment and assistance according to State law. SECTION 2. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and is directed to forward without delay to said Board of Supervisors and to the County Elections Department a certified copy of this Resolution. Passed, approved, and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Sittit. 4-arkil Stephen P. Deitsch City Attorney 2 ALTERNATE "B" RESOLUTION NO. 6804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 10, 2012 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City of Arcadia on April 10, 2012 may prepare a candidate's statement on an appropriate form provided by the City Clerk for inclusion in the voter's pamphlet. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten format in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period 1 for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. (A) Pursuant to the Federal Voting Rights Act, the City is required to translate candidates' statements into Chinese, Spanish, and Vietnamese languages. (B) Pursuant to State law, a candidate's statement must be translated and printed in the voter's pamphlet in any language at the candidate's request. (C) The City Clerk shall: (1) Translations (a) have all candidate statements translated into the languages specified in subsection (A) above; and (b) have translated those statements into the languages as requested by the candidate in subsection (B) above. (2) Printing (a) print all translations of all candidate statements in the main voter pamphlet. The main voter pamphlet will be in English, Spanish, Chinese and Vietnamese. (b) print any translations of candidates in the languages as requested by the candidate in subsection (B) above. SECTION 3. PAYMENT. A. Each candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in 2 subsections (A) and (B) of Section 2 above pursuant to Federal and State law. B. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter's pamphlet. C. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required by subsection (A) of Section 2 above in the main voter's pamphlet. D. The candidate shall be required to pay for the cost of printing the candidate's statement in any foreign language requested by the candidate pursuant to subsection (B) of Section 2 above in the main voter's pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City Clerk his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate of costs is just an approximation of the actual cost that varies from one election to another and the actual cost may ultimately be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Each candidate shall be required to pay upon receipt of an invoice his or her prorated share of actual costs should those costs exceed the estimated amount deposited. In the event of overpayment, the City Clerk shall prorate the excess amount 3 among the candidates and refund the excess amount paid within thirty (30) days of the election. SECTION 4. MISCELLANEOUS. A. All candidate statements shall be translated by court certified translators provided by the City's election consultants. B. The City Clerk shall allow bold type, underlining, capitalization, indentations, bullets, and leading hyphens to the same extent and manner as allowed in previous City elections. C. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupations designations and other matters relating to elections. SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 6. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 7. All previous resolutions establishing City Council policy on payment for candidates' statements to the extent they are inconsistent herewith are deemed to be of no further force or effect. SECTION 8. This Resolution shall apply only to the election to be held on April 10, 2012 and shall thereafter be deemed to be of no further force or effect. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. 4 Passed, approved, and adopted this day of , 2011. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: P l Stephen P. Deitsch City Attorney 5