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CC RES 2009-044 RESOLUTION NO. 2009-44 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 3, 2009. 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 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 3, 2009, may prepare a candidate's statement on an appropriate form provided by the City Clerk. 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 not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 Voting Rights Act, the City is required to translate candidates' statements into the following languages in addition to English: Chinese and Korean. b. Pursuant to state law, the City Clerk shall, upon the candidate's request, provide a Spanish translation and printing of the candidate's statement at the requesting candidate's expense. c. Pursuant to California Elections Code section 13313, the City Clerk shall have all candidate's 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 3. Payment. The candidate shall be required to pay for the cost of translating and printing of the candidate's statement into a foreign language pursuant to federal and state law. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's 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'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 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 4. Miscellaneous. a. All translations shall be provided by court-certified translators. b. The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform 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 5. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. Section 6. 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 7. 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 ON Ju - !