HomeMy WebLinkAboutCC RES 10-59,,,~,,, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR CITY COUNCIL PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION T'O BE HELD ON TUESDAY,
NOVEMBER 2, 2010
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
Statement;
NOW,. THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
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 Tustin on November 2, 2010 may prepare a Candidate
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. The statement shall not include the 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 The statement may be withdrawn, but not changed, during the period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 5:30 p.m. of the next working day after the close of
the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY. (A) Pursuant to the Federal Voting
Rights Act, the City may be required to translate Candidate Statements into the
following languages: Spanish, Chinese, Korean, and Vietnamese. (B) The Orange
County Voter Registrar's Office shall: (1) Have all candidates statements translated into
the languages specified above. (2) Print all translations of all Candidate Statements in
the voters pamphlet.
SECTION 3. PAYMENT. (A) Translations: 1. The candidate shall not be required
to pay for the cost of translating the Candidate Statement into any required foreign
language as specified in Section 2 (A) above, pursuant to state and federal law. 2. The
candidate shall be required to pay for the cost of translating the Candidate Statement
into any foreign language that is not required, pursuant to state and federal law, but is
requested as an option by the candidate. (B) Printing: The candidate shall be required
to pay for the cost of printing the Candidate Statement in the voters pamphlet in all
required languages pursuant to state and federal law.
Resolution 10-59
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The City Clerk shall estimate the total cost of printing, handling, translating and mailing
the Candidate 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 voters'
pamphlet. The estimate is 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 will 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 thirty (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 Candidate Statements are repealed.
SECTION 7. That this Resolution shall apply only to the election to be held on
November 2, 2010 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 1St day of June 2010.
ATTEST:
PAM STOK R
City Clerk
Resolution 10-59
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STATE OF CALIFORNIA )
,,,~, COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 10-59 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day of
June 2010, by the following vote:
COUNCILMEMBERAYES: Amante, iyielsem, Davert, Palmer, Gavello ~5)
COUNCILMEMBER NOES: (o)
COUNCILMEMBER ABSTAINED: (~>
COUNCILMEMBER ABSENT: ~)
PA LA TOKE
City Clerk
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Resolution 10-59
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