HomeMy WebLinkAboutCC RES 02-055RESOLUTION NO. 02-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2002
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 candidate statements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 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 Tustin
on Tuesday, November 5, 2002, 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 be filed in typewritten
form with the City Clerk at the time the candidate's nomination papers are
filed. The statement shall not include party affiliation of the candidate, nor
membership or activity in partisan political organizations. 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may be withdrawn, but not changed, during the period for filing nomination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.
SECTION 2. FOREIGN LANGUAGE POLICY. (a) Pursuant to the
Voting Rights Act, the City is required to translate candidate statements
into the following language in addition to English: Spanish and
Vietnamese; (b) pursuant to state law, the candidate's statement must be
translated and printed in the voters pamphlet in any language at the
candidate's request; (c) the City Clerk shall have all candidate statements
translated into the languages specified in (a) above; shall have all
translations made available upon request in the Office of the City Clerk;
and shall print all translations of all candidate statements in the voter's
pamphlet.
SECTION 3. PAYMENT. The candidate shall be required to pay for
the cost of printing the candidates statement in English; the candidate shall
be required to pay for the cost of translating the candidate statement into
Resolution No.
6-5-00
any foreign language as specified in (a) and/or (b) above pursuant to state
and/or federal law; and the candidate shall be required to pay for the cost
of printing the candidate 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 1995 (as
amended), and require each candidate filing a statement to pay in advance
to the City of Tustin his or her estimated pro rata share as a condition of
having his or her statement included in the voter's pamphlet. 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 City Clerk is not bound by the estimate and may, on a pro
rata basis, invoice 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 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 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 a
copy of this Resolution at the time nominating petitions are issued.
SECTION 6. That all previous resolutions establishing City 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 5, 2002 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
held on the 3rd day of June, 2002.
ATTEST:
· Thomas, Mayor
Pamela Stoker, City Clerk
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF TUSTIN )
RESOLUTION NO. 02-55
I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, hereby certifies that the whole number of the members of the City
Council of the City of Tustin is five; and that the above and foregoing Resolution No. 02-
55 was adopted at a regular meeting of the City Council held on the 3rd day of June,
2002, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Thomas, Bone, Doyle, Kawashima
None
None
Worley
Pamela Stoker, City Clerk