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Resolution No. 2010-169RESOLUTION NO. 2010-169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, APRIL 12, 2011 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency shall adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate's statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the mailed ballot election to be held in the City of Vernon on Tuesday, April 12, 2011, may prepare a candidate's 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 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 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 P.M. of the next working day after the close of the nomination period.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 state law, the candidate's statement must be translated and printed in the voters pamphlet in Spanish at the candidate's request. b. The City Clerk shall have translated only those statements into Spanish as requested by the candidate. SECTION 3: PAYMENT. a. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the voters pamphlet. b. The candidate shall be required to pay for the cost of translating the candidate's statement into Spanish pursuant to State law. The City Clerk shall select the person who provides the Spanish translation pursuant to the criteria set forth in Elections Code Section 13307(b). C. The candidate shall be required to pay for the cost of printing the candidate's statement in Spanish in the voter pamphlet. d. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to the Elections Code, 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 voter's pamphlet. In the event the estimated payment is paid, the estimate is just an approximation of the actual cost that vary from one election to another election. The actual cost for the current election 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 - 2 - expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the clerk may 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 30 days of the election. e. The City Clerk shall comply with all applicable State statutes, regulations, standards and guidelines published by the Secretary of State regarding candidates' statements, ballot designations and other procedural items. SECTION 4: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5: The City Clerk shall provide each candidate or. the candidate's representative a copy of this Resolution at the time nomination documents are issued. SECTION 6: All previous resolutions establishing Council policy on payment for candidates' statements are repealed. SECTION 7: This resolution shall apply only to the election to be held on April 12, 2011 and shall then be repealed. - 3 SECTION 8: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 15th day of November, 2010. AT ST: r WiA G'. a uch', City Clerk 10 Name: Hilarin ronz3]es Title: Mayor /±M��-Tem� - 4 - r STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2.010-169, was. duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, November 15, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this `% day of November, 2010, at Vernon, California. (SEAL) Willard cfY ag c i, City Clerk - 5 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: November 17, 2010 TO: Hilario Gonzales, Mayor W. Michael McCormick, Mayor Pro-Tem William Davis, Councilman Richard Maisano, Councilman Dan Newmire, Councilman FROM: Willard Yamaguchi, City Cler �Nt RE: Resolution No. 2010-169 — A Resolution of the City Council of the City of Vernon, California, Adopting Regulations For Candidates For Elective Office Pertaining to Candidate Statements Submitted to the Voters at art Election to Be Held on Tuesday, April 12, 2011 Transmitted herewith is a copy of Resolution No. 2010-169, referenced above, which was approved by City Council on November 15, 2010. Thank you. WY:dj Attachment c: Kristen Enomoto Resolution No. 2010-169 STAFF REPORT CITY CLERK'S OFFICE TO: Mayor and City Council FR: Willard G. Yamaguchi, City Clerk DA: November 10, 2010 RE: April 12, 2011 Election On April 12, 2011, the City of Vernon will be conducting an election for councilman. This requires a resolution officially calling the election. In addition, the City Clerk's Office requires the Board of Supervisors of the County of Los Angeles to permit the County Election Department to prepare and furnish to the City for use in conducting the election the computer record of the names and address of all eligible registered voters in the City, and regulations regarding candidate statements. in order that the City may print labels to be attached to self --mailer sample ballot pamphlets; and will make available to the City additional election equipment and assistance according to state law. It is hereby recommended that resolutions calling the election, engagement of the County of Los Angeles Election Department, and regulations regarding candidate statements be approved for the election on April 12, 2011.