R 4095RESOLUTION N0.4095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS
AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER
4, 2008
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 candidates statement.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande as
follows:
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 Arroyo Grande on November 4, 2008, 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statement may be withdrawn, but not changed, during the period for filing nomination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 five p.m. of the next working day after the close of the nomination
period.
2. FOREIGN LANGUAGE POLICY.
The City Clerk shall have translated into Spanish only those statements as
requested by the candidate.
3. PAYMENT.
a) The candidate shall be required to pay for the cost of printing the candidates
statement in English in the voter's pamphlet.
b) The candidate shall be required to pay for the cost of translating and printing the
candidates statement into any required foreign language as specified in Section
2 above, pursuant to State law.
c) The City Clerk shall estimate the total cost of printing, handling, translating, and
mailing the candidates statements filed pursuant to this section, and require 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 costs 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
RESOLUTION N0.4095
PAGE 2
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 City Clerk shall
prorate the excess amount among the candidates and refund the excess amount
paid within thirty (30) days of the receipt of the final invoice from the County.
4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional
materials in the sample ballot package.
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.
6. That all previous Resolutions establishing Council policy on payment for candidates
statements are repealed.
7. That this Resolution shall apply at the next ensuing municipal election and at each
municipal election after that time, unless and until this Resolution is amended,
replaced, or repealed.
8. That the City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions.
On motion of Council Member Costello, seconded by Council Member Arnold, and on the
following roll call vote, to wit:
AYES: Council Members Costello, Arnold, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: Council Member Fellows
the foregoing Resolution was passed and adopted on this 10th day of June 2008.
RESOLUTION NO. ~{~J`
PAGE 3
TONY R AYOR
ATTEST:
`1'Ul~(J
KELLY W T RE, CITY CLERK
APPROVED AS TO CONTENT:
ST E ADAM ITY MANAGER
APPROVED AS TO FORM:
TIMO Y J. CAR EL, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Cierk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4095 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council/Redevelopment Agency of the City of
Arroyo Grande on the 10~h day of June 2008.
WITNESS my hand and the Sea! of the City of Arroyo Grande affixed this 11th day of
June 2008.
CY.
KELLY W TM ~ RE, CITY CLERK