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CC SR 20190618 04 - Nov 5, 2019 ElectionRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 06/18/2019 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to adopt resolutions pertaining to the City’s November 5, 2019, general municipal election RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS AN INITIATIVE MEASURE TO ADOPT FOR EMPLOYEES OF LARGE HOTELS, GOLF COURSES, AND AMUSEMENT PARKS NEW REGULATIONS, PROTECTIONS, AND PROCEDURES CONCERNING WAGES, HOURS, WORK, TRANSIT, PANIC BUTTONS, RESPONSES TO THREATENING CONDUCT, AND RECORDS; (2) Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2019, WITH THE COUNTY OF LOS ANGELES GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE; (3) Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019; (4) Authorize one or two councilmembers to, if desired, write a con argument concerning the ballot measure and adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2019; and (5) Adopt Resolution No. 2019-__, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A VOTER-SPONSORED MEASURE SUBMITTED AT A GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2019. FISCAL IMPACT: The City Clerk has budgeted $350,000 in the Fiscal Year 2019-2020 budget to conduct this election. Amount Budgeted: $350,000 Additional Appropriation: NA Account Number(s): 101-400-1311-5101 PROFESSIONAL/TECHNICAL SERVICE FOR ELECTIONS ORIGINATED BY: Emily Colborn, City Clerk REVIEWED BY: Gabriella Yap, Deputy City Manager APPROVED BY: Doug Willmore, City Manager 1 ATTACHED SUPPORTING DOCUMENTS: A. Resolution calling election and ordering submission of initiative measure to voters at general municipal election on November 5, 2019 (page A-1) B. Resolution requesting election services from the Los Angeles County Board of Supervisors (page B-1) C. Resolution setting regulations for Candidate’s Statements (page C-1) D. Resolution setting priorities for writing and filing argument(s) and directing the City Attorney to prepare an impartial analysis (page D-1) E. Resolution authorizing Rebuttal Arguments (page E-1) BACKGROUND AND DISCUSSION: The California Elections Code requires that certain resolutions be adopted preparatory to holding the November 5, 2019, General Municipal Election. The City will hold an election for the purpose of electing three (3) Members of the City Council for the full term of three years and submitting to the Rancho Palos Verdes voters a proposed City Ordinance (initiative petition) relating to hotel workplace requirements and restrictions. The draft resolutions presented for Council’s consideration this evening set the date and time of the November 5, 2019, election for three seats on the City Council and place the proposed City Ordinance (initiative petition) relating to hotel workplace requirements and restrictions on the ballot (Attachment A); request consolidation of the City’s election with the County of Los Angeles to provide election services to the City (Attachment B); outline the Council's policy with regard to Candidate Statements and reimbursement to the City for the expense of printing those statements (currently estimated at $600 per candidate) (Attachment C); establish priorities for filing a written argument regarding the proposed City Ordinance (initiative petition) and direct the City Attorney to prepare an impartial analysis (Attachment D), and provide for the filing of rebuttal arguments for City measures submitted at municipal elections (Attachment E). California Elections Code Section 1301, even-numbered year elections Beginning in year 2020, elections for the City of Rancho Palos Verdes will be changed from November in odd-numbered years to November in even-numbered years to coincide with statewide election dates. As a result in the change in election date, the City Council Member terms of office that begin in 2019 will expire in November of 2022, causing a three-year term instead of the traditional four-year term. Submittal of Ordinance to the Voters, as presented The City Clerk’s Office received an initiative petition on May 2, 2018, to adopt for employees of large hotels, golf courses, and amusement parks new regulations, protections, and procedures concerning wages, hours, work, transit, panic buttons, responses to threatening conduct, and records. Said petition was officially filed on May 7, 2018, after a prima facie review was conducted pursuant to the provisions of California Elections Code § 9210(b). Said petition was then forwarded to the Los Angeles County Register-Recorder for signature verification. The City Clerk/Election Official, subsequent to review of the findings by the Los Angeles County Register- Recorder, found the petition to be sufficient and certified the results (Resolution No. 2018-047) to the City Council per Elections Code § 9215. At the July 7, 2018, City Council meeting, the Council adopted Resolution No. 2018-49, ordering the submission of the initiative petition to the voters at the City’s next general municipal election scheduled by law on Tuesday, November 5, 2019. 2 Pursuant to California Elections Code Section 9282(a), the persons filing an initiative petition may file a written argument in favor of the Ordinance, and the legislative body may submit an argument against the Ordinance. If desired, the City Council may take action and authorize one or two Council Members to write a con argument concerning the ballot measure. Rebuttal arguments are optional under state law and are allowed at the discretion of the City Council. If the City Council does not desire to authorize rebuttal arguments, then Council should not approve the resolution attached as Attachment E. 3 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS AN INITIATIVE MEASURE TO ADOPT FOR EMPLOYEES OF LARGE HOTELS, GOLF COURSES, AND AMUSEMENT PARKS NEW REGULATIONS, PROTECTIONS, AND PROCEDURES CONCERNING WAGES, HOURS, WORK, TRANSIT, PANIC BUTTONS, RESPONSES TO THREATENING CONDUCT, AND RECORDS WHEREAS, under the provisions of the laws relating to general law ci ties in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2019, for the election of Municipal Officers; WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 2018-47, accepting the certification of sufficiency for an initiative petition; and WHEREAS, pursuant to Section 9215 of the Elections Code of the State of California, the initiative petition received was duly signed and is a certified initiative petition containing the signatures of not less than ten percent (10%) of the registered voters of the City according to the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187 of the Elections Code of the State of California, which initiative petition proposes a City Ordinanc e that would add Chapter 5.40, Hospitality Working Conditions, to the City of Rancho Palos Verdes Municipal Code, and applies to “large hospitality employers,” being owners or operators of a hotel (50+ rooms), golf course, or amusement park, with 50+ hospitality employees (“Employers”). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Rancho Palos Verdes, California, on Tuesday, November 5, 2019, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of three years. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: A-1 Shall the measure, known as the HOSPITALITY WORKING CONDITIONS ORDINANCE, placed on the ballot by initiative petition, applicable to large hotels, golf courses and amusement parks, and which enacts a wage floor of $15/hour (CPI adjustments), limits daily work hours, limits daily square footage of rooms cleaned, requires panic- buttons for employees, requires maintenance of detailed compliance records, prohibits employer retaliation against employees, requires employee notices, and imposes fines and attorneys’ fees for violation, be adopted? YES NO SECTION 3. That the full text of the proposed initiative Ordinance to be submitted to the voters is set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as if set forth in full. SECTION 4. That the vote requirement for the measure to pass is a majority (50%+1) of the votes. SECTION 5. That the ballots to be used at the election shall be in form and content as required by law, and that the election shall be held and conducted in the manner prescribed by law. SECTION 6. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk 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 7. That the polls for the 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 the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 9. That in all particulars not recited in this resolution, the election sha ll be held and conducted as provided by law for holding municipal elections. SECTION 10.That 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 11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. A-2 SECTION 12. 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 a properly submitted bill. PASSED, APPROVED, and ADOPTED this 18th day of June 2019. /s/ Jerry V. Duhovic Mayor ATTEST: /s/ Emily Colborn City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2019- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2019. __________________________ City Clerk A-3 I:: (., I:: v .A TY OF RANCHO PALOS VERDE The People of the Rancho Palos Verdes do hereby ordain: Section 1. A new Chapter 5.40, entitled "Hospitality Working Conditions,"i of Rancho Palos Verdes Municipal Code, as follows: 5.40.010 -Definitions. FEB 2 'l 2018 "Additional-bed rooms" means a room with additional beds such as cots or rollaways. "Amusement park" means any grounds or enclosure wherein concessions and adult rides of a permanent nature and having a fixed location are situated. "Checkout" means a room where the guests are ending their stay. "Emergency" means an immediate threat to public safety or of substantial risk of property loss or destruction. "Food server" means a person whose principal duties are to serve or deliver food or beverages to guests, regardless of who employs the person. "Golf course" means any large, landscaped area having a series of holes spaced considerably apart designed for the playing of the game of golf. For the purpose of this Chapter, a golf course does not include a driving range, a miniature golf course, or a property whose principal owner or operator is a government entity. "Guest" means a patron of a hotel, golf course, or amusement park, as defined herein, including without limitation, registered guests and visitors invited by registered guests. "Guest room" means a room made available by a hotel for transient occupancy. "Hotel" means a facility that is designated or used for lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). "Hotel" also includes any contracted, leased or sublet premises connected to or oper ated in conjunction with the facility's purpose , or providing services at the facility. "Large hospitality employer'' means a person who owns, controls, and/or operates a hotel, golf cour~e, or amusement park in the City of Rancho Palos Verdes, and employs or exercises control over the wages, hours, or working conditions of 50 or more employees at such hotel, golf course, or amusement park, directly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity. The term "large hospitality employer" also includes any contracted, leased or sublet prem ises connected to or operated in conjunction with such hotel 's, golf course's, o r amusement park's purpose, or a person, other than a hospitality employee, who provides services at such hotel , golf course, or amusement park in conjunction with the hotel's, golf course's, or amusement park's purpose . "Hospitality employee" means any individual who (1) is employed b y a large hospitality employer; and (2) was hired to or did work an average 5 hours/week for 4 weeks at one or more hotels, golf courses, or amusement parks. If' EXHIBIT A A-4 "Panic button" means an emergency electronic contact device carried by a hospitality employee which allows him or her in the event of an ongoing crime, threat, or other emergency to alert a security guard responsible for providing immediate on-scene assistance. "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign . "Ridesharing service" means a dynamic, on -demand, fee-based service that supports real-time ridesharing or carpooling through short-term arrangements enabled by GPS , wireless service, or other technologies. "Room cleaner" means a person whose principal duties are to clean and put in order residential guest rooms in a hotel, regardless of who employs the person. "Transit Pass" means any pass, token, fare card, voucher or similar item entitling a person to transportation on public transit within the meaning of 26 U.S.C. § 132(f)(5)(A), as the federal law may be amended from time to time, including but not limited to , travel by bus, light rail or train. "Vanpool" means a "commuter highway vehicle" within the meaning of 26 U .S.C. § 132(f)(5)(B), as the federal law may be amended from time to time, which currently means any highway vehicle: (A) the seating capacity of which is at least 6 adults (not including the driver), and (B) at least 80% of the mileage use o f which can reasonably be expected to be (i) for the purpose of transporting employees in connection with travel between their residences and their place of employment; and (ii) on trips during which the number of employees transported for such p urposes is at least 1/2 of the seating capacity of such vehicle (not including the driver). "Workday" means a 24-hour period beginning at 12:00 a.m. and ending at 11 :59 p .m . 5.40.020 -Measures to protect hospitality employees from threatening behavior. A. Purpose . Hospitality employees who work by themselves in guest rooms, restrooms, or in isolated locations are vulnerable to crimes and other threatening behavior, including sexual assault. This Section enables hospitality employees to protect their safety by, among other measures, requiring that large hospitality employers provide workers with panic buttons which they may use to report threatening conduct or other emergencies. Many instances of sexual assault go unreported to the police. This Section also includes provisions that support employees' ability to report criminal and threatening behavior to the proper authorities. B . A large hospitality employer shall provide to each hospitality employee who works as a room cleaner, food server, or any other hosp itality employee who so requests, at no cost to the hospitality employee, a panic button. 2 EXHIBIT A A-5 (1) If a hospitality employee encounters a situation necessitating his or her use of the panic button as described above, the hospitality employee may cease working and remove him/herself from the situation to await the arrival of the security guard responsible for providing immediate assistance . No hospitality employee may be disciplined for ceasing work under the se circumstances . (2) No hospitality employee may be discip lined for use of a panic button absent clear and convincing evidence the hospitality emp loyee knowingly and intentionally made a false claim of emergency. C. A hospitality employee who brings. to the attention of a large hospitality employer the occurrence of violence or threatening behavior, including but not limited to indecent exposure, solicitation, assault, or coercive sexual conduct by a guest or other person shall be afforded the following rights. (1) The large hospitality employer shall immediately allow the affected hospitality employee sufficient paid time to contact the police and provide a police statement and to consult with a counselor or advisor of the hospitality employee's choosing; the large hospitality employer will permit, but may never require, the complaining hospitality employee to report an incident involving alleged criminal conduct to the law enforcement agency with jurisdiction ; and (2) The large hospitality employer shall cooperate with any investigation into the incident undertaken by the law enforcement agency and /or any attorney for the complaining hospitality employee . D. Each large hospitality employer sh all p lace a sign on the back of the entrance door of each public restroom and, where app licable, on the back of each entrance door of a guest room , written in a font size of no less than 18 points, that includes the heading "The Law Protects Hospitality Employees From Threatening Behavior," a citation to this Chapter of the Rancho Palos Verdes Municipal Code, and notice of the fact that the large hospitality employer is providing panic buttons to employees . 5.40.030-Large H ospitality E mployer M inimum W age A. On and after January 1, 2019, large hospitality employers shall pay a wage of no less than Fifteen Dollars per hour, which shall increase by One Dollar per hour on each January 1 thereafter through January 1, 2022 . B . On January 1, 2023 , and annually thereafter, the minimum wage will increase annually to reflect increases in the cost of living . The cost ofliving increase shall be the greater of (1) two percent (2 %) or (2) the percentage increase as of September 30, 2022 , and as of September 30 in any subsequent year for further annual adjustments, over the level as of September 30 of the preceding year of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W) for the Los Angeles Metropolitan Area (Los Ange les-Riverside-Orange County, CA), which is published by the Bureau of Labor Statistics, U .S . Department of Labor or the successor index or federal agency. The C ity Manager shall publish a bulletin by November 1 of each year announcing the adjusted rates, which shall take effect the following January 1. Such bulletin will be made available to all Employers and to any other person who has filed with the City Manager 3 EXHIBIT A A-6 a request to receive such notice, but lack of notice shall not excuse noncompliance with this Section . The City Manager shall prescribe a poster advising Employees of their rights under this article and distribute it to all Employers. An Employer shall post the notice in a prominent place where it will be seen by Emp loyees . An Employer shall provide written notification of the rate adjustments to each of its Employees and make the necessary payroll adjustments by January I following the publication of the bulletin. 5.40.04 0 - H uman e w orkload. A. Purpose. Hospitality employees who clean guest rooms are frequently assigned overly burdensome room cleaning quotas and unexpected overtime, which undermines the public interest in ensuring that room cleaners can perfonn their work in a manner that adequately protects public health and interferes with their ability to meet family and personal obligations . This provision assures that workers receive fair compensation when their workload assignments exceed proscribed limits and prohibits hospitality employers from assigning employees overtime work when their shifts exceed 10 hours in a day, except in emergency situations , without obtaining workers' informed consent. B. A large hospitality employer that owns, controls, and/or operates a hotel shall not require a room cleaner to clean rooms amounting to more than 4 ,000 square feet of floorspace, or more than the maximum floor space otherwise specified in this Section, in any one, eight-hour workday unless the large hospitality employer pays the room cleaner twice his or her regular rate of pay for all hours worked by the room cleaner during the workday . If a room cleaner works fewer than eight hours in a workday, the maximum floor space shall be reduced on a prorated basis . When a room cleaner during a workday is assigned to clean any combination of seven or more checkout rooms or additional-bed rooms, the maximum floorspace to be cleaned shall be reduced by 500 square feet for each such checkout or additional-bed room over six . The limitations contained herein apply to any combination of spaces, including guest rooms and suites , meeting rooms or hospitality rooms , and apply regardless of the furniture , equipment or amenities in any rooms . C. A large hospitality employer shall not suffer or permit a hospitality employee to work more than 10 hours in any workday unless t he hospitality employee consents. Consents must be written and signed by the hospitality employee or communicated electronically through an account or number particular to the hospitality employee . No consent is valid unless the large hospitality employer has advised the hospitality employee in writing not more than 30 days preceding the consent that the hospitality employee may decline to work more than 10 hours in any workday and that the hospitality emp loyer will not subject the hospitality employee to any adverse action for declining. An assignment in excess of 10 hours in a workday due to an emergency shall not violate this Section. 5.4 0 .0 5 0 - Sup p ort for A lte rnative Tran sportati o n As to each hospitality employee, a large hospitality employer shall take one of the following actions: 4 EXHIBIT A A-7 (1) Offer to the hospitality employee each month a transit pass for the public transit system requested by the hospitality employee or credit toward vanpool or ridesharing service charges at least equal in value to the purchase price of the monthly transit pass, which shall at a minimum be equal to the cost of a non-discounted adult Los Angeles Metro Pass enabling u s e at no additional charge of all Metro services and which may be used by the hospitality employee for the purpose of commuting to and from work for the large hospitality employer. (2) Offer the hospitality employee transportation from the hospitality employee's residence to and from the large hospitality employer's worksite at no cost to the hospitality employee in a vanpool or bus, or similar multi-passenger vehicle operated by or for the large hospitality employer. 5.40.060 Preservation of records. A. Each large hospitality employer shall maintain for at least three (3) years: (1) for each hospitality employee, a record of his or her name, hours worked, pay rate, and proof of offer to provide a transit pass, credit toward vanpool or ridesharing service, or direct transportation consistent with Section 5.40.050; and (2) a record of the written consents it received from hospitality employees to work more than ten hours during a shift consistent with Section 5.40.040(C). B. Each large hospitality employer that owns, controls, and/or operates a hotel shall additionally maintain for at least three (3) years for each room cleaner a record of his or her name, pay rates received, and the rooms (or at the large hospitality employer's option, total amount of square footage) each room cleaner has cleaned on each workday. C . The large hospitality employer shall make the records specified in Subsections A and B of this Section available to employees of the large hospitality employer or their representativ e s for inspection and copying except the hospitality employees ' names (and any addresses and social security numbers) shall be redacted unless the requester is a hospitality employee requesting records concerning herself. Failure of the large hospitality employ er to provide a copy of such records will result in a penalty of at least one hundred dollars ($100.00) per day up to one thousand dollars ($1 ,000.00) per day, the amount to be set b y the court. 5.40.070 -No retaliation. No person shall discharge, reduce in compensation, increase workload, impose fees or charges, change duties or otherwise take adverse action against any hospitality employee for opposing any practice proscribed by this Chapter, for participating in proceedings related to this Chapter, for seeking to enforce his or her rights under this article b y any lawful means, or for otherwise asserting rights under this Chapter. A person terminating or taking any other adverse action against any hospitality employee who has engaged in any of the foregoing activities within one year preceding the termination or other adverse action shall provide to the hospitality employee at or before the time of the termination or other adverse action a detailed written statement of the reason or reasons for the termination or other adverse action including all the facts substantiating the reason or reasons and all facts known to the person that contradict the substantiating facts. 5 EXHIBIT A A-8 5.40.080 -Waiver. The provisions of this Chapter may not be waived by agreement between an individual hospitality employee and a large hospitality employer. All of the provisions of Section 5 .40.030 or Section 5.40.040, or any part thereof, may be waived in a bona fide collective bargaining agreement but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms . Unilateral implementat ion of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted , as a waiver of all or any part of the provisions of this Chapter. 5.40.090 -Enforcement. A. A hospitality employee or representative of hospitality employees claiming violation of this Chapter may bring an action in the Superior Court and shall be entitled to all remedies available under the law or in equity appropriate to remedy any such violation , including but not limited to injunctive relief or other equitable relief, including reinstatement, and compensatory damages and other relief provided in this subsection. In addition to any other remedy to which a hospitality employee is entitled under this Chapter, a large hospitality employer that violates Section 5.40.030 shall be liable to each affected hospitality employee for statutory damages in the amount of fifty dollars ($50) for each day on which a violation occurred; and a large hospitality employer that violates Section 5.40 .040 shall be liable to each affected hospitality employee for statutory damages in the amount of fifty dollars ($50) for each day on which a violation occurred . In the event of a willful violation of Section 5.40.070, the amount of damages attributable to lost income due to the violation shall be trebled. If a hospitality employee is the prevailing party in any legal action taken pursuant to this Chapter, the court shall award reasonable attorney's fees and costs as part of the costs recoverable. B . Each hospitality employer shall give written notification to each current hospitality employee, and to each new hospitality employee at time of hire, of his or her rights under this Chapter. The notification shall be in each language spoken by more than ten (10) hospitality employees . C. A large hospitality employer that contracts with another person, including, without limitation, another large hospitality employer, a temporary staffing agency, employee leasing agency or professional employer organization, to obtain the services of hospitality employees shall share all civil legal responsibility and civil liability for violations of this Chapter by that person for hospitality employees performing work pursuant to the contract. For the purposes of this subsection, the term "person" shall not include : (1) A bona fide nonprofit, community-based organization that provides services to workers; (2) A bona fide labor organization or apprenticeship program or hiring hall operated pursuant to a collective bargaining agreement. 5.40.100 -Severability. If any provision or application of this Chapter is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof 6 EXHIBIT A A-9 shall remain in full force or effect. The courts are hereby authorized to reform the provisions of this Chapter in order to preserve its maximum permissible effect. 5.40.110 -No Preemption of Higher Standards. This Chapter does not preempt or prevent the establishment of superior standards or the expansion of coverage by ordinance, resolution, contract, or any other action of the City of Rancho Palos Verdes . This Chapter shall not be construed to limit a discharged hospitality employee's right to bring a common law cause of action for wrongful termination. 5.40.120 -Regulations. The City shall have authority to adopt rules and regulations consistent with and necessary for the implementation of this Chapter. Such rules and regulations shall have the force and effect of law , and may be relied upon by large hospitality employers, hospitality employ ees and other parties to determine their rights and respons ibilities under this Chapter. Section 2. Conflicting Measures. Consistent with California Elections Code § 9221 , should another ordinance containing provisions that conflict w ith this ordinance be adopted by voters at the same election as thi s ordinance is adopted, the terms of the ordinance that receives the higher number of affinnative votes shall control. Section 3. Effective Date. The proposed ordinance that is the subject of this initiative, once approved by the voters at the Nov ember 6, 2018 election, or such other election as authorized by law, shall be deemed adopted upon the date that the vote is declar ed by the City Council, and shall go into effect 10 day s after that date . 7 EXHIBIT A A-10 Resolution No. 2019-XX Consolidation with County Page 1 of 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2019, WITH THE COUNTY OF LOS ANGELES GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE. WHEREAS, the City Council of the City of Rancho Palos Verdes called a General Municipal Election to be held on Tuesday, November 5, 2019, for the purpose of the election of three (3) Members of the City Council of said City for the full term of three years; and WHEREAS, the City Council is submitting to the Rancho Palos Verdes voters a proposed City Ordinance relating to hotel workplace requirements and restrictions; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Los Angeles County General Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of the Rancho Palos Verdes General Municipal Election with the County of Los Angeles General Election on Tuesday, November 5, 2019, for the purpose of the election of three (3) Members of the City Council of said City for the full term of three years. SECTION 2. That a measure is to appear on the ballot as follows: Shall the measure, known as the HOSPITALITY WORKING CONDITIONS ORDINANCE, placed on the ballot by initiative petition, applicable to large hotels, golf courses and amusement parks, and which enacts a wage floor of $15/hour (CPI adjustments), limits daily work hours, limits daily square footage of rooms cleaned, requires panic- buttons for employees, requires maintenance of detailed compliance records, prohibits employer YES NO B-1 Resolution No. 2019-XX Consolidation with County Page 2 of 3 retaliation against employees, requires employee notices, and imposes fines and attorneys’ fees for violation, be adopted? SECTION 3. That the full text of the proposed initiative Ordinance to be submitted to the voters is set forth in Exhibit “A”, attached hereto and incorporated herein by this reference as if set forth in full. SECTION 4. That the vote requirement for the measure to pass is a majority (50%+1) of the votes. SECTION 5. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That the Board of Supervisors is requested to issue instructions to the Los Angeles County election department to take any and all steps necessary for the holding of the consolidated election for the City of Rancho Palos Verdes. SECTION 7. That the City of Rancho Palos Verdes recognizes that additional costs will be incurred by the County of Los Angeles by reason of this consolidation and agrees to reimburse the County of Los Angeles for any such costs. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED this 18th day of June 2019. /s/ Jerry V. Duhovic Mayor ATTEST: /s/ Emily Colborn City Clerk B-2 Resolution No. 2019-XX Consolidation with County Page 3 of 3 State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2019- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2019. __________________________ City Clerk B-3 I:: (., I:: v .A TY OF RANCHO PALOS VERDE The People of the Rancho Palos Verdes do hereby ordain: Section 1. A new Chapter 5.40, entitled "Hospitality Working Conditions,"i of Rancho Palos Verdes Municipal Code, as follows: 5.40.010 -Definitions. FEB 2 'l 2018 "Additional-bed rooms" means a room with additional beds such as cots or rollaways. "Amusement park" means any grounds or enclosure wherein concessions and adult rides of a permanent nature and having a fixed location are situated. "Checkout" means a room where the guests are ending their stay. "Emergency" means an immediate threat to public safety or of substantial risk of property loss or destruction. "Food server" means a person whose principal duties are to serve or deliver food or beverages to guests, regardless of who employs the person. "Golf course" means any large, landscaped area having a series of holes spaced considerably apart designed for the playing of the game of golf. For the purpose of this Chapter, a golf course does not include a driving range, a miniature golf course, or a property whose principal owner or operator is a government entity. "Guest" means a patron of a hotel, golf course, or amusement park, as defined herein, including without limitation, registered guests and visitors invited by registered guests. "Guest room" means a room made available by a hotel for transient occupancy. "Hotel" means a facility that is designated or used for lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). "Hotel" also includes any contracted, leased or sublet premises connected to or oper ated in conjunction with the facility's purpose , or providing services at the facility. "Large hospitality employer'' means a person who owns, controls, and/or operates a hotel, golf cour~e, or amusement park in the City of Rancho Palos Verdes, and employs or exercises control over the wages, hours, or working conditions of 50 or more employees at such hotel, golf course, or amusement park, directly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity. The term "large hospitality employer" also includes any contracted, leased or sublet prem ises connected to or operated in conjunction with such hotel 's, golf course's, o r amusement park's purpose, or a person, other than a hospitality employee, who provides services at such hotel , golf course, or amusement park in conjunction with the hotel's, golf course's, or amusement park's purpose . "Hospitality employee" means any individual who (1) is employed b y a large hospitality employer; and (2) was hired to or did work an average 5 hours/week for 4 weeks at one or more hotels, golf courses, or amusement parks. If' EXHIBIT A B-4 "Panic button" means an emergency electronic contact device carried by a hospitality employee which allows him or her in the event of an ongoing crime, threat, or other emergency to alert a security guard responsible for providing immediate on-scene assistance. "Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign . "Ridesharing service" means a dynamic, on -demand, fee-based service that supports real-time ridesharing or carpooling through short-term arrangements enabled by GPS , wireless service, or other technologies. "Room cleaner" means a person whose principal duties are to clean and put in order residential guest rooms in a hotel, regardless of who employs the person. "Transit Pass" means any pass, token, fare card, voucher or similar item entitling a person to transportation on public transit within the meaning of 26 U.S.C. § 132(f)(5)(A), as the federal law may be amended from time to time, including but not limited to , travel by bus, light rail or train. "Vanpool" means a "commuter highway vehicle" within the meaning of 26 U .S.C. § 132(f)(5)(B), as the federal law may be amended from time to time, which currently means any highway vehicle: (A) the seating capacity of which is at least 6 adults (not including the driver), and (B) at least 80% of the mileage use o f which can reasonably be expected to be (i) for the purpose of transporting employees in connection with travel between their residences and their place of employment; and (ii) on trips during which the number of employees transported for such p urposes is at least 1/2 of the seating capacity of such vehicle (not including the driver). "Workday" means a 24-hour period beginning at 12:00 a.m. and ending at 11 :59 p .m . 5.40.020 -Measures to protect hospitality employees from threatening behavior. A. Purpose . Hospitality employees who work by themselves in guest rooms, restrooms, or in isolated locations are vulnerable to crimes and other threatening behavior, including sexual assault. This Section enables hospitality employees to protect their safety by, among other measures, requiring that large hospitality employers provide workers with panic buttons which they may use to report threatening conduct or other emergencies. Many instances of sexual assault go unreported to the police. This Section also includes provisions that support employees' ability to report criminal and threatening behavior to the proper authorities. B . A large hospitality employer shall provide to each hospitality employee who works as a room cleaner, food server, or any other hosp itality employee who so requests, at no cost to the hospitality employee, a panic button. 2 EXHIBIT A B-5 (1) If a hospitality employee encounters a situation necessitating his or her use of the panic button as described above, the hospitality employee may cease working and remove him/herself from the situation to await the arrival of the security guard responsible for providing immediate assistance . No hospitality employee may be disciplined for ceasing work under the se circumstances . (2) No hospitality employee may be discip lined for use of a panic button absent clear and convincing evidence the hospitality emp loyee knowingly and intentionally made a false claim of emergency. C. A hospitality employee who brings. to the attention of a large hospitality employer the occurrence of violence or threatening behavior, including but not limited to indecent exposure, solicitation, assault, or coercive sexual conduct by a guest or other person shall be afforded the following rights. (1) The large hospitality employer shall immediately allow the affected hospitality employee sufficient paid time to contact the police and provide a police statement and to consult with a counselor or advisor of the hospitality employee's choosing; the large hospitality employer will permit, but may never require, the complaining hospitality employee to report an incident involving alleged criminal conduct to the law enforcement agency with jurisdiction ; and (2) The large hospitality employer shall cooperate with any investigation into the incident undertaken by the law enforcement agency and /or any attorney for the complaining hospitality employee . D. Each large hospitality employer sh all p lace a sign on the back of the entrance door of each public restroom and, where app licable, on the back of each entrance door of a guest room , written in a font size of no less than 18 points, that includes the heading "The Law Protects Hospitality Employees From Threatening Behavior," a citation to this Chapter of the Rancho Palos Verdes Municipal Code, and notice of the fact that the large hospitality employer is providing panic buttons to employees . 5.40.030-Large H ospitality E mployer M inimum W age A. On and after January 1, 2019, large hospitality employers shall pay a wage of no less than Fifteen Dollars per hour, which shall increase by One Dollar per hour on each January 1 thereafter through January 1, 2022 . B . On January 1, 2023 , and annually thereafter, the minimum wage will increase annually to reflect increases in the cost of living . The cost ofliving increase shall be the greater of (1) two percent (2 %) or (2) the percentage increase as of September 30, 2022 , and as of September 30 in any subsequent year for further annual adjustments, over the level as of September 30 of the preceding year of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W) for the Los Angeles Metropolitan Area (Los Ange les-Riverside-Orange County, CA), which is published by the Bureau of Labor Statistics, U .S . Department of Labor or the successor index or federal agency. The C ity Manager shall publish a bulletin by November 1 of each year announcing the adjusted rates, which shall take effect the following January 1. Such bulletin will be made available to all Employers and to any other person who has filed with the City Manager 3 EXHIBIT A B-6 a request to receive such notice, but lack of notice shall not excuse noncompliance with this Section . The City Manager shall prescribe a poster advising Employees of their rights under this article and distribute it to all Employers. An Employer shall post the notice in a prominent place where it will be seen by Emp loyees . An Employer shall provide written notification of the rate adjustments to each of its Employees and make the necessary payroll adjustments by January I following the publication of the bulletin. 5.40.04 0 - H uman e w orkload. A. Purpose. Hospitality employees who clean guest rooms are frequently assigned overly burdensome room cleaning quotas and unexpected overtime, which undermines the public interest in ensuring that room cleaners can perfonn their work in a manner that adequately protects public health and interferes with their ability to meet family and personal obligations . This provision assures that workers receive fair compensation when their workload assignments exceed proscribed limits and prohibits hospitality employers from assigning employees overtime work when their shifts exceed 10 hours in a day, except in emergency situations , without obtaining workers' informed consent. B. A large hospitality employer that owns, controls, and/or operates a hotel shall not require a room cleaner to clean rooms amounting to more than 4 ,000 square feet of floorspace, or more than the maximum floor space otherwise specified in this Section, in any one, eight-hour workday unless the large hospitality employer pays the room cleaner twice his or her regular rate of pay for all hours worked by the room cleaner during the workday . If a room cleaner works fewer than eight hours in a workday, the maximum floor space shall be reduced on a prorated basis . When a room cleaner during a workday is assigned to clean any combination of seven or more checkout rooms or additional-bed rooms, the maximum floorspace to be cleaned shall be reduced by 500 square feet for each such checkout or additional-bed room over six . The limitations contained herein apply to any combination of spaces, including guest rooms and suites , meeting rooms or hospitality rooms , and apply regardless of the furniture , equipment or amenities in any rooms . C. A large hospitality employer shall not suffer or permit a hospitality employee to work more than 10 hours in any workday unless t he hospitality employee consents. Consents must be written and signed by the hospitality employee or communicated electronically through an account or number particular to the hospitality employee . No consent is valid unless the large hospitality employer has advised the hospitality employee in writing not more than 30 days preceding the consent that the hospitality employee may decline to work more than 10 hours in any workday and that the hospitality emp loyer will not subject the hospitality employee to any adverse action for declining. An assignment in excess of 10 hours in a workday due to an emergency shall not violate this Section. 5.4 0 .0 5 0 - Sup p ort for A lte rnative Tran sportati o n As to each hospitality employee, a large hospitality employer shall take one of the following actions: 4 EXHIBIT A B-7 (1) Offer to the hospitality employee each month a transit pass for the public transit system requested by the hospitality employee or credit toward vanpool or ridesharing service charges at least equal in value to the purchase price of the monthly transit pass, which shall at a minimum be equal to the cost of a non-discounted adult Los Angeles Metro Pass enabling u s e at no additional charge of all Metro services and which may be used by the hospitality employee for the purpose of commuting to and from work for the large hospitality employer. (2) Offer the hospitality employee transportation from the hospitality employee's residence to and from the large hospitality employer's worksite at no cost to the hospitality employee in a vanpool or bus, or similar multi-passenger vehicle operated by or for the large hospitality employer. 5.40.060 Preservation of records. A. Each large hospitality employer shall maintain for at least three (3) years: (1) for each hospitality employee, a record of his or her name, hours worked, pay rate, and proof of offer to provide a transit pass, credit toward vanpool or ridesharing service, or direct transportation consistent with Section 5.40.050; and (2) a record of the written consents it received from hospitality employees to work more than ten hours during a shift consistent with Section 5.40.040(C). B. Each large hospitality employer that owns, controls, and/or operates a hotel shall additionally maintain for at least three (3) years for each room cleaner a record of his or her name, pay rates received, and the rooms (or at the large hospitality employer's option, total amount of square footage) each room cleaner has cleaned on each workday. C . The large hospitality employer shall make the records specified in Subsections A and B of this Section available to employees of the large hospitality employer or their representativ e s for inspection and copying except the hospitality employees ' names (and any addresses and social security numbers) shall be redacted unless the requester is a hospitality employee requesting records concerning herself. Failure of the large hospitality employ er to provide a copy of such records will result in a penalty of at least one hundred dollars ($100.00) per day up to one thousand dollars ($1 ,000.00) per day, the amount to be set b y the court. 5.40.070 -No retaliation. No person shall discharge, reduce in compensation, increase workload, impose fees or charges, change duties or otherwise take adverse action against any hospitality employee for opposing any practice proscribed by this Chapter, for participating in proceedings related to this Chapter, for seeking to enforce his or her rights under this article b y any lawful means, or for otherwise asserting rights under this Chapter. A person terminating or taking any other adverse action against any hospitality employee who has engaged in any of the foregoing activities within one year preceding the termination or other adverse action shall provide to the hospitality employee at or before the time of the termination or other adverse action a detailed written statement of the reason or reasons for the termination or other adverse action including all the facts substantiating the reason or reasons and all facts known to the person that contradict the substantiating facts. 5 EXHIBIT A B-8 5.40.080 -Waiver. The provisions of this Chapter may not be waived by agreement between an individual hospitality employee and a large hospitality employer. All of the provisions of Section 5 .40.030 or Section 5.40.040, or any part thereof, may be waived in a bona fide collective bargaining agreement but only if the waiver is explicitly set forth in such agreement in clear and unambiguous terms . Unilateral implementat ion of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted , as a waiver of all or any part of the provisions of this Chapter. 5.40.090 -Enforcement. A. A hospitality employee or representative of hospitality employees claiming violation of this Chapter may bring an action in the Superior Court and shall be entitled to all remedies available under the law or in equity appropriate to remedy any such violation , including but not limited to injunctive relief or other equitable relief, including reinstatement, and compensatory damages and other relief provided in this subsection. In addition to any other remedy to which a hospitality employee is entitled under this Chapter, a large hospitality employer that violates Section 5.40.030 shall be liable to each affected hospitality employee for statutory damages in the amount of fifty dollars ($50) for each day on which a violation occurred; and a large hospitality employer that violates Section 5.40 .040 shall be liable to each affected hospitality employee for statutory damages in the amount of fifty dollars ($50) for each day on which a violation occurred . In the event of a willful violation of Section 5.40.070, the amount of damages attributable to lost income due to the violation shall be trebled. If a hospitality employee is the prevailing party in any legal action taken pursuant to this Chapter, the court shall award reasonable attorney's fees and costs as part of the costs recoverable. B . Each hospitality employer shall give written notification to each current hospitality employee, and to each new hospitality employee at time of hire, of his or her rights under this Chapter. The notification shall be in each language spoken by more than ten (10) hospitality employees . C. A large hospitality employer that contracts with another person, including, without limitation, another large hospitality employer, a temporary staffing agency, employee leasing agency or professional employer organization, to obtain the services of hospitality employees shall share all civil legal responsibility and civil liability for violations of this Chapter by that person for hospitality employees performing work pursuant to the contract. For the purposes of this subsection, the term "person" shall not include : (1) A bona fide nonprofit, community-based organization that provides services to workers; (2) A bona fide labor organization or apprenticeship program or hiring hall operated pursuant to a collective bargaining agreement. 5.40.100 -Severability. If any provision or application of this Chapter is declared illegal, invalid or inoperative, in whole or in part, by any court of competent jurisdiction, the remaining provisions and portions thereof 6 EXHIBIT A B-9 shall remain in full force or effect. The courts are hereby authorized to reform the provisions of this Chapter in order to preserve its maximum permissible effect. 5.40.110 -No Preemption of Higher Standards. This Chapter does not preempt or prevent the establishment of superior standards or the expansion of coverage by ordinance, resolution, contract, or any other action of the City of Rancho Palos Verdes . This Chapter shall not be construed to limit a discharged hospitality employee's right to bring a common law cause of action for wrongful termination. 5.40.120 -Regulations. The City shall have authority to adopt rules and regulations consistent with and necessary for the implementation of this Chapter. Such rules and regulations shall have the force and effect of law , and may be relied upon by large hospitality employers, hospitality employ ees and other parties to determine their rights and respons ibilities under this Chapter. Section 2. Conflicting Measures. Consistent with California Elections Code § 9221 , should another ordinance containing provisions that conflict w ith this ordinance be adopted by voters at the same election as thi s ordinance is adopted, the terms of the ordinance that receives the higher number of affinnative votes shall control. Section 3. Effective Date. The proposed ordinance that is the subject of this initiative, once approved by the voters at the Nov ember 6, 2018 election, or such other election as authorized by law, shall be deemed adopted upon the date that the vote is declar ed by the City Council, and shall go into effect 10 day s after that date . 7 EXHIBIT A B-10 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019. WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Rancho Palos Verdes on November 5, 2019, may prepare a candidate statement on an appropriate form provided by the City Clerk. 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 form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statem ent may be withdrawn, but not 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 candidates’ statements into the following languages: Chinese, Hindi, Japanese, Korean, and Spanish. b. Pursuant to state law, the City Clerk shall, at the request of the candidate, provide a Spanish translation and printing of the candidate’s statement in the English version of the voter information guide, at the expense of the candidate. c. The County will mail separate voter information guides and candidate statements in Chinese, Hindi, Japanese, Korean, and Spanish to only those voters who are on the county voter file as having requested a voter information guide in a particular language. The County will make the voter information guides and candidate statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office. SECTION 3: CANDIDATES’ STATEMENTS AVAILABILITY. Pursuant to California Elections Code Section 13313, the City Clerk shall have all candidate statements made available for public examination in the City Clerk’s office for a period of ten (10) calendar days immediately following the filing deadline for submission of C-1 those documents. SECTION 4: PAYMENT. a. The candidate shall be required to pay for the cost of printing the candidate’s statement into English, and Spanish, if requested by the candidate, in the English version of the voter information guide. b. The candidate shall not be required to pay for the cost of printing a separate translated voter information guide, including the candidates’ statements, in Chinese, Hindi, Japanese, Korean, or Spanish. c. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to Section 13307 of the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended. The City requires each candidate filing a statement to pay in advance to the City his or her estimated pro rata share as a condition of having his or her statement included in the voter information guide. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election. SECTION 5: MISCELLANEOUS. a. All translations shall be provided by professionally-certified translators. b. The statement of each candidate shall be printed in uniform type, style and spacing. 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 6: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide. SECTION 7: That 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 8: All previous resolutions establishing Council policy on payment for candidates’ statements are repealed. C-2 SECTION 9: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED this 18th day of June 2019. /s/ Jerry V. Duhovic Mayor ATTEST: /s/ Emily Colborn City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2019- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2019. __________________________ City Clerk C-3 Resolution No. 2019- Page 1 of 3 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 5, 2019. WHEREAS, a General Municipal Election is to be held in the City of Rancho Palos Verdes, California, on Tuesday, November 5, 2019, at which there will be submitted to the voters a ballot measure to consider adopting a proposed City Ordinance that would add Chapter 5.40, Hospitality Working Conditions, to the City of Ran cho Palos Verdes Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to California Elections Code Section 9282(a) the persons filing an initiative petition may file a written argument in favor of the Ordinanc e, and the legislative body may submit an argument against the Ordinance. An argument shall not exceed 300 words in length. SECTION 2. That the City Council authorizes the following member(s) of its body: ________________, ________________, to file, if desired, a written argument not exceeding 300 words regarding the initiative measure as specified above, 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 California Elections Code. SECTION 3. All arguments may be changed or withdrawn until Tuesday, July 2, 2019, by 5:30 P.M., after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 4. 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. The arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code Section 9600. SECTION 5. That the City Clerk/Elections Official is directed to follow the format for ballot arguments provided in subsections (d), (e), and (f) of Section 9282 of the California Elections Code. D-1 Resolution No. 2019- Page 2 of 3 SECTION 6. That if more than one argument for or against the measure is submitted to the City Clerk/Elections Official within the time prescribed, she shall give preference and priority first, to “arguments against” submitted by member(s) of the City Council and “arguments in favor of” submitted by bona fide sponsors or proponents of the measure, as authorized by this Resolution, and second, to individual voters, bona fide associations, or a combination thereof, in the order set forth in California Elections Code Section 9287. SECTION 7. That the City Council directs the City Clerk to transmit a copy of the initiative measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. In accordance with California Elections Code Section 9280, the City Attorney is hereby directed as follows: a. Prepare an impartial analysis of the initiative measure showing the effect of the measure on the existing law and the operation of the measure. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. If the measure affects the organization or salaries of the office of the City Attorney, the City Council may direct the City Clerk to prepare the impartial analysis. c. The analysis shall be printed preceding the arguments for and against the measure. The analysis shall not exceed 500 words in length. d. If the entire text of the measure is not printed on the ballot, nor in the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows: “The above statement is an impartial analysis of Ordinance or Measure [TBD]. If you desire a copy of the ordinance or measure, please call the City Clerk/Elections Official’s office at (310) 544-5217 and a copy will be mailed at no cost to you.” e. The impartial analysis shall be filed by the date set by the City Clerk/Elections Official for the filing of primary arguments, Tuesday, July 2, 2019, by 5:30 P.M. SECTION 8. That the City Clerk/Elections Official shall cause the City Attorney’s Impartial Analysis, and duly selected arguments, to be printed and distributed to voters in accordance with State law regarding same. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. D-2 Resolution No. 2019- Page 3 of 3 PASSED, APPROVED, and ADOPTED this 18th day of June 2019. /s/ Jerry V. Duhovic Mayor ATTEST: /s/ Emily Colborn City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify th at the above Resolution No. 2019- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2019. __________________________ City Clerk D-3 Resolution No. 2019-XX Authorize Rebuttal Arguments Page 1 of 2 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A VOTER-SPONSORED MEASURE SUBMITTED AT A GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2019. WHEREAS, a General Municipal Election is to be held in the City of Rancho Palos Verdes, California, on Tuesday, November 5, 2019, at which there will be submitted to the voters a ballot measure to consider adopting a proposed City Ordinance that would add Chapter 5.40, Hospitality Working Conditions, to the City of Ran cho Palos Verdes Municipal Code; and WHEREAS, Section 9282 of the California Elections Code provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and WHEREAS, Section 9285 of the California Elections Code 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285(a)(1) of the California Elections Code, when the City Clerk/Elections Official has selected an argument in favor and an argument against a measure to be printed in the voter information guide, the City Clerk/Elections Official shall send a copy of the argument in favor of the measure to the authors of the argument against the measure and a copy of an argument against the measure to the authors of the argument in favor of the measure. SECTION 2. That pursuant to Section 9285(a)(2) of the California Elections Code, the author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. SECTION 3. That pursuant to Section 9285(a)(3) of the California Elections Code, a rebuttal argument shall not exceed 250 words. SECTION 4. That pursuant to Section 9285(a)(4) of the California Elections Code, A rebuttal argument relating to a city measure shall be filed with the City Clerk/Elections Official no later than 10 days after the final filing date for primary arguments, setting the deadline for rebuttals as Friday, July 12, 2019, by 4:30 P.M. The rebuttal argument shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code Section 9600. E-1 Resolution No. 2019- Page 2 of 2 SECTION 5. That pursuant to Section 9285(a)(5) of the California Elections Code, a rebuttal argument relating to a city measure shall not be signed by more than five persons, shall be printed in the same manner as a direct argument, and shall immediately follow the direct argument which it seeks to rebut. SECTION 6. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 7. That the provisions of Sections 1-5 of this Resolution shall apply only to the General Municipal Election to be held on Tuesday, November 5, 2019, and shall then be repealed. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, and ADOPTED this 18th day of June 2019. /s/ Jerry V. Duhovic Mayor ATTEST: /s/ Emily Colborn City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of The City of Rancho Palos Verdes, hereby certify th at the above Resolution No. 2019- was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 18, 2019. __________________________ City Clerk E-2