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2010-12 RESOLUTION NO. 2010-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ESTABLISHING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 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 GRAND TERRACE DOES 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 Grand Terrace on November 2, 2010, 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 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of nomination period. SECTION 2. FOREIGN LANGUAGE POLICY. a. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into ail languages required by the County of San Bernardino. The County is required to translate candidate statements into the following language in addition to English: Spanish. b. The County will print and mail sample ballots and candidates statements to all voters in Spanish. SECTION 3. PAYMENT. a. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language . as specified in (a) above. b. The candidate shall be required to pay for the cost of printing the candidates statement in English and Spanish. _ C. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates statement 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 Resolution No. 2010-12 Page 2 his or her estimated pro rata share as a condition of having his or her statement included in their 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 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 paid 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. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions.are issued. r SECTION 6. All previous Resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 7. That this resolution shall apply only to the election to be held on Tuesday, November 2, 2010, and shall then be repealed. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the Book of Resolutions. P 4Ma erre, Mayor ATTEST: Brenda Mesa City Clerk t Resolution No. 2010-12 Page 3 I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Grand Terrace, held on the 8t" day of June, 2010, by the following vote: AYES: Councilmembers Cortes and Stanckiewitz; Mayor Pro Tem Garcia and Mayor Ferre NOES: None ABSENT: None ABSTAIN: None Brenda Mesa City Clerk Approved as to form: John Harper, ity ttorney