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HomeMy WebLinkAbout04 2012 GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT FEESAGENDA REPORT RAgenda eveweld m 4 City Manager 1 Finance Director MEETING DATE: JUNE 19, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR SUBJECT: NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION CANDIDATE STATEMENT FEES SUMMARY: Adoption of the proposed resolution will set the Candidate Statement fees and regulations for the November 6, 2012 election. RECOMMENDATIONS: 1. Adopt Resolution 12 -57 establishing a charge for Candidate Statements to be submitted to the electorate in the November 2012 General Municipal Election. FISCAL IMPACT: The cost to consolidate the general municipal election with the State and County's general election is estimated to be $40,000. Funds for these administrative costs will be available in the 2012 -13 Fiscal Year Budget. BACKGROUND: The City of Tustin's General Municipal Election is scheduled for November 6, 2012, to elect three (3) members of the City Council for full terms of four years each. On October 18, 2011, the City Council adopted Resolution 11 -76 (1) ordering that a ballot measure be placed on the November 6, 2012 General Election Ballot for the purpose of submitting a proposed ordinance to the electorate eliminating City Council compensation, (2) calling and giving notice of a General Municipal Election to be held on Tuesday, November 6, 2012, (3) requesting the County of Orange Board of Supervisors to consolidate the General Municipal Election with the Statewide General Election, (4) authorizing the County of Orange Election Department to canvass the election returns, and (5) providing for expenses of the election. Adoption of the proposed resolution is required for the election to proceed as scheduled and to set regulations for Candidate Statements. Page 2 Candidates for City Council may choose to have a Candidate Statement sent to each voter as part of the Voter Information Pamphlet. Candidate Statements are produced at the candidate's request and the election code allows the Council to establish a charge to be levied against candidates in order to recover the cost of printing, handling, mailing, and to comply with the minority language provisions of the Voting Rights Act, which requires translation of the statement to Spanish, Vietnamese, Chinese, and Korean. The Orange County Registrar of Voters has advised the City that the estimated cost to individual candidates for the November 2012 General Election is $852.00. The adoption of the recommended resolution will establish this charge for these services. The period for filing candidate nomination papers will begin on July 16 through August 10, 2012. If a qualified incumbent does not file nomination papers for re- election, the filing deadline will be extended to August 15, 2012. The County Registrar of Voters is scheduled to certify the election results on or about December 4, 2012. �it�_J -� Patricia Estrella City Clerk Services Supervisor RESOLUTION NO. 12 -57 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 TO BE HELD ON TUESDAY, NOVEMBER 6. 2012 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 6, 2012 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 5:00 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 12 -57 Page 1 of 3 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 6, 2012 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 19`h day of June 2012. JOHN NIELSEN Mayor ATTEST: PAMELA STOKER City Clerk Resolution 12 -57 Page 2 of 3 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. 12 -57 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1 gth day of June 2012, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Resolution 12 -57 Page 3 of 3