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CC RES 2011-043 RESOLUTION NO. 2011-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011. WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including regulations pertaining to the costs of preparing the candidate's statement; 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. 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 Rancho Palos Verdes on November 8, 2011, 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 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 candidates' statements into the following languages: Chinese and Korean. 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 Official Sample Ballot and Voting Instructions, at the expense of the candidate. c. The County will print and mail a separate translated Official Sample Ballot and Voting Instructions, including the candidates' statements, for Los Angeles County- conducted elections in the area where the City is located to those voters who are on the county voter file as having requested a sample ballot in Chinese, Korean, or Spanish. The County will make the Official Sample Ballot and Voting Instructions, including the candidates' statements, in the City's required languages available on the County's website, at the polling locations that have been identified as requiring oral language assistance, 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 candidates' 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 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 Official Sample Ballot and Voting Instructions. b. The candidate shall not be required to pay for the cost of printing a separate translated Official Sample Ballot and Voting Instructions, including the candidates' statements, in Chinese, 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 Official Sample Ballot and Voting Instructions. 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 sample ballot package. Resolution No. 2011-43 Page 2 of 3 1367781v1 Section 7. 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. Section 9. 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 ON June 21, i 1 fi/Atilhav - -_/ Mayor Attest: at&Crib-Wide_ City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2011-43 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 21, 2011. &&_, // /1 City Clerk Resolution No. 2011-43 Page 3 of 3 1367781v1