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R 4458 RESOLUTION NO. 4458 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 6, 2012 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 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 6, 2012, 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. 2.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 the 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 RESOLUTION NO. 4458 PAGE 2 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 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 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 Ray, seconded by Council Member Brown, and on the following roll call vote, to wit: AYES: Council Members Ray, Brown, Guthrie, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was passed and adopted this 12th day of June, 2012. RESOLUTION NO. 111/58 PAGE 3 TONY FER , AYOR ATTEST: / , WA/ate-Le_ KELLY ' TM• E, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS,DAMS, CITY MANAGER APPROVED AS TO FORM: 9TIM HY J. CARMEL, CITY ATTORNEY • P OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 4458 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Successor Agency to the Dissolved Arroyo Grande Redevelopment Agency of the City of Arroyo Grande on the 12th day of June 2012. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of June 2012. " 0111-4#1461-C KELLY 'ET/ •RE, CITY CLERK