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Resolution - 2007-38RESOLUTION NO. 2007-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENT SUBMITTED TO THE VOTERS AT THE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2007 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 Candidate's Statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY 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 West Covina on November 6, 2007, may prepare a Candidate's Statement on an appropriate form provided by the City Clerk. The statement may include: a. The name, age and occupation of the Candidate and; b. 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 The statement may be withdrawn, but not changed, during the period of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 statement into the following languages: Spanish, Chinese, Tagalog, and Vietnamese. b. The City Clerk/ County Elections Division shall: 1) have all Candidate Statements translated into the languages specified in (a) above. 2) print Spanish translation of Candidates Statements, at the Candidates request, in the main voter pamphlet. The main voter pamphlet will be in English. 3) print all translations of all Candidates Statements in facsimile voter pamphlets and mail to voters who have requested such language. SECTION 3. PAYMENT a. The Candidate SHALL NOT be required to pay for the cost of translating the Candidates Statement into any required foreign language as specified in (a) of Section 2 above. b. Each Candidate SHALL be required to pay for the cost of printing the Candidate's Statement in the main voter pamphlet. c. The Candidate SHALL be required to pay for the cost of printing the Candidate's Statement in Spanish in the main voter pamphlet. d. The Candidate SHALL NOT be required to pay for the cost of printing the Candidate's Statement in a foreign language required by (a) of Section 2 above, in the facsimile voter pamphlet. • The Los Angeles County Elections Division shall provide the City Clerk with an estimate of the total cost of printing the Candidate's statements filed pursuant to this section. The City Clerk will require each Candidate filing a statement to pay in advance to the City Clerk his/her estimated pro rata share as a condition of having his/her statement included in the voter's pamphlet. Resolution No. 2007-38 June 5,2007 The estimate is just an approximation of the actual cost that varies from one election to another election and the actual cost may be significantly more or less than the estimate, depending on the actual number of Candidates filing statements. Accordingly, the County Elections Division and the City Clerk are not bound by the estimate and will, 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 shall require the Candidate to pay the balance of the cost incurred and in the even of overpayment, the City Clerk shall refund the excess amount paid within 30 days of the election. SECTION 4. No Candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. That the City Clerk shall provide each Candidate or the Candidate's representative a copy of this resolution at the time the nominating petitions are issued. SECTION 6. That all previous resolutions establishing council policy on payment for the Candidates' Statement are repealed. SECTION 7. That this resolution shall apply only to the election to be held on November 6, 2007, and shall then be repealed. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 5`h day of Ju 2007 ay r Michael Touhey ATTEST: rill City Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 5 h of June 2007, by the following vote of the City Council: AYES: Herfert, Hernandez, Lane, Sanderson, Touhey NOES: None ABSENT: None ABSTAIN: None City Clerk Ldurie Carrico APPROVED AS TO FORM: MP _� si7m w/�i Arnold