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CC - Item 3D – RES No. 98-46 RESOLUTION NO. 98-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 2, 1999 WHEREAS, §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 candidates statement: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to §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 Rosemead on March 2, 1999, may prepare a candidate's 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 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 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 state law, the candidate's statement must be translated and printed in Spanish at the candidates request. b. Pursuant to the Voting Rights Act, the City is required to translate candidates statements into the following languages in addition to English: Spanish, Vietnamese, and Chinese. c. The City Clerk shall have all candidates statements translated into the languages specified in (b) above; have all translations made available upon request in the office of the City Clerk; and print Spanish translations of candidates who request printing in the voters pamphlet. CGJNCIL AGENDA OC`I 181998 ITEM No. .-- Resolution No. 98-46 October 13, 1998 Page Two SECTION 3. PAYMENT 1. The candidate shall be required to pay for the cost of printing the candidates statement in English. 2. The candidate shall be required to pay for the cost of translating the candidates statement in a foreign language. 3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language. 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 local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. 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 estimate, depending on the 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 clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount within 30 days of the election. SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. 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 6. That all previous resolutions establishing council policy on payment for candidates statements are repealed. SECTION 7. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time. Resolution No. 98-46 October 13, 1998 Page Three 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 13th day of October, 1998. MAYOR ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS: CITY OF ROSEMEAD 1, Nancy Valderrama, City Clerk of the City of Rosemead, do hereby certify that the foregoing Resolution, being Resolution No. 98-46, was passed and adopted by the City Council of the City of Rosemead at a regular meeting of said Council held on the 13th day of October, 1998, and that said Resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk