HomeMy WebLinkAboutCC RES 06-65
RESOLUTION NO. 06-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR CITY COUNCIL PERTAINING TO
CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 7,2006
WHEREAS, 913307 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 TUSTIN,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to 9 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 7, 2006 may prepare a
candidates statement on an appropriate form provided by the City Clerk. The statement
may include the name and title of position sought after, as well as a brief description of
no more than 200 words including candidate's age, occupation, and qualifications
expressed by the candidate himself or herself. The statement shall not include party
affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in type written 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 The statement may be withdrawn, but not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 candidates 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 candidates 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 candidates
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) Printinq: The candidate shall
Resolution No. 06-65
Page 1 of 3
be required to pay for the cost of printing the candidates statement in the voters
pamphlet in all required languages pursuant to state and federal law.
The City Clerk shall estimate the total cost of printing, handling, translating and
mailing the candidates 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. 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
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 candidates statements are repealed.
SECTION 7. That this Resolution shall apply only to the election to be held on
November 7,2006 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 5th
day of June, 2006.
Resolution No. 06-65
Page 2 of 3
ATTEST:
~NlQO~(,
PAM LA 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. 06-65 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of
June, 2006 by the following vote:
COUNCILMEMBERAYES: DAVERT. HAGEN. AMANTE. BONE. KAWASHIMA (5)
COUNCILMEMBER NOES: NONE (0)
COUNCILMEMBER ABSTAINED: NONE (0)
COUNCILMEMBER ABSENT: W"H' (0\
ta2ty O~
PAMELA STOKER,
City Clerk
Resolution No. 06-65
Page 3 of 3