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2020-17 RESOLUTION NO. 2020-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ESTABLISHING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020 WHEREAS, Section 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 candidate's statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. General Provisions. That pursuant to Section 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 3, 2020, 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 The statement may be withdrawn but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of nomination period.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, candidate's statements will be translated into all 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 voter information guides and candidate's statement to all voters in English and 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) and/or (b) of Section 2 above pursuant to Federal and/or State Law. b. The candidate shall be required to pay for the cost of printing the candidate's statement in English and Spanish. c. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statement filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), CC Reso No. 2020-17 Page 1 of 3 June 9, 2020 t, directly or indirectly. CC Reso No. 2020-16 Page 2 of 3 June 9, 2020 and require each candidate filing a statement to pay in advance to the local agency his 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 the 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 voter information guide. 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. SECTION 6. All previous Resolutions establishing Council policy on payment for candidate's statements are repealed. SECTION 7. This Resolution shall apply only to the election to be held on Tuesday, November 3, 2020, and shall then be repealed. SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the Book of Resolutions. SECTION 9. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 10. If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 11. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 12. This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. CC Reso No. 2020-17 Page 2 of 3 June 9, 2020 PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 9174 day of ,JCk,04E 2020. v%r_✓ Da ihrW ayor ATTEST: .Debra L. Thomas City Clerk APPROVED AS TO FORM: Adrian Guerra City Attorney CC Reso No. 2020-17 Page 3 of 3 June 9, 2020 rk, at the regular meeting of said City Council held on the 9th day of June 2020, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tern Wilson; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 10th day of June 2020, at Grand Terrace, California. Deb a L. Thomas City Clerk = - STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2020-17 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 9th day of June 2020, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor Pro Tern Wilson; Mayor McNaboe NOES: None. ABSENT: None. ABSTAIN: None. Executed this 10th day of June 2020, at Grand Terrace, California. W , -, - . . __ _ tit ---' - - - - ' uebra L. Thomas - - City Clerk , ' — , _\`\ Materials. No Candidate will be permitted to include additional materials in the voter information guide. 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. SECTION 6. All previous Resolutions establishing Council policy on payment for candidate's statements are repealed. SECTION 7. This Resolution shall apply only to the election to be held on Tuesday, November 3, 2020, and shall then be repealed. SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the Book of Resolutions. SECTION 9. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 10. If any section, subsection, sentence, clause, or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 11. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 12. This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. CC Reso No. 2020-17 Page 2 of 3 June 9, 2020