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98-137 RESOLUTION NO. 98R-!37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,1998. 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 THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA DOES RESOLVE DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. 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 Anaheim on November 3, 1998 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 any party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office ofthe 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. a. FOREIGN LANGUAGE POLICY. Pursuant to the Voting Rights Act, the city is required to translate the candidates statements into the following languages in addition to English: Spanish, Vietnamese. SECTION 2. b. The City Clerk shall have all candidates statements translated into the languages specified in (a) above. SECTION 3. 1. PAYMENT The candidate shall be required to pay for the cost of printing the candidates statement in English. 2. The candidate shall not be required to pay for the cost of translating the candidates statement into any foreign language as specified in (a) above pursuant to State or Federal Law. 3. The candidate shall not be required to pay for the cost of printing the candidate's statement in a foreign language. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements 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 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 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 reqire 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. 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. SECTION 6. That 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 November 3, 1998 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. ADOPTED this 71rrl. day of June 1998. 7m-~ ~ MAYOR ~A,~~ CITY CLERK (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 98R-137 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of June, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 98R-137 on the 23rd day of June, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of June, 1998. ~a It ~ CI CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 98R-137 was duly passed and adopted by the City Council of the City of Anaheim on June 23rd, 1998. ~CC- ?l~ CITY CLERK OF THE CITY OF ANAHEIM