HomeMy WebLinkAboutCC RES 04-58
RESOLUTION NO. 2004-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN ESTABLISHING A SYSTEM FOR CANDIDATES
WHOSE STATEMENTS ARE SUBMITTED TO THE
ELECTORATE IN THE 2004 GENERAL MUNICIPAL
ELECTION TO PAY THE PRO RATA SHARE OF THE
COST OF INCLUSION OF THE STATEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TUSTIN AS
FOLLOWS:
Section 1. The City Council of the City of Tustin hereby finds, determines and
declares as follows:
A.
That Section 13307(c) of the Elections Code of the State of California
authorizes the governing body of any local agency to 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.
B.
That prior to the period in which candidate statements may be filed, the
City Clerk shall estimate the total cost of printing, handìing, translating,
and mailing the candidates' statements and shall determine the pro rata
share of each candidate filing a statement based upon such estimate. The
payment in advance by each such candidate of his or her pro rated share
shall be a condition of having his or her statement included in the voter's
pamphlet.
C.
That prior to the period in which candidates' statements may be filed, the
City Clerk shall determine a reasonable deadline date for the payment of
such pro rata share amount as necessary for timely preparation of the
voter's pamphlet, and shall inform each candidate of the requirement to
make such payment prior to such date at the time of filing of the
statement.
D.
That the City Clerk's receipt for the payment shall include a written notice
that 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 shall not be 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 City Clerk may require the candidate to
pay the balance of the cost incurred. In the event of overpayment, the City
Resolution No. 04-058
Page 1 of 2
Clerk shall prorate the excess amount among the candidates and refund
the excess amount paid within 30 days of the election.
E.
That the City Clerk shall provide each candidate or the candidate's
representative a copy of this resolution at the time when nominating
petitions are issued by the Clerk.
Section 2. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 21st day of June, 2004.
\J~
ToNY KAWÀSHIMA,
Mayor
ATTEST:
~~
PAMELA STOKER,'
City Clerk
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. 04-58 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of
June, 2004 by the following vote:
COUNCILMEMBER AYES: KAWASHIMA, BONE, DAVERT, HAGEN, THOMAS
COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
COUNCILMEMBER ABSENT: NONE
(5 )
(0)
(0)
(0)
~
City Clerk
Resolution No. 04-058
Page 2 of 2