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HomeMy WebLinkAbout6599RESOLUTION NO. 6599 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 ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 8, 2008 WHEREAS, Section 13307 of the Elections Code of the State of Califomia 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's statements. 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 8, 2008 may prepare a candidate's statement on an appropriate form provided by the City Clerk for inclusion in the voter's pamphlet. Such 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. Such statement shall 1 not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in typewritten format and in electronic 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 the Chinese, Spanish and Vietnamese languages. (B) Pursuant to State Law, the 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) have all candidate statements translated into the languages specified in subsection (A) above; and (2) have translated those statements into the languages as requested by the candidate in subsection (B) above. (D) The City shall 2 6599 (1) print all translations of all candidate statements in the main voter pamphlet. The main voter pamphlet will be in English, Spanish, Chinese and Vietnamese. (2) 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 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. 3 6599 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. Said estimate of costs stated at the time the candidate files his or her candidate statement is just an approximation of the actual cost that varies from one election to another 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 underpayment, 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 4. ADDITIONAL MATERIALS. No candidate will be pernutted to include additional materials in the sample ballot package. SECTION 5. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. v SECTION 6. All previous Resolutions establishing council policy on payment for candidate's statements are deemed to be of no further force or effect. 4 6599 SECTION 7. This Resolution shall apply only to the election to be held on Apri18, 2008 and shall then be repealed. SECTION 8. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this 4th day of December , 2007. Mayor of the City FArcadia ATTEST: ity Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 6599 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6599 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 4th day of December, 2007 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Wuo and Segal NOES: None ABSENT: Council Member Harbicht ity Clerk of the City of Arcadia 6 6599