Resolution No. 2011-198RESOLUTION NO. 2011-198
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 A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
APRIL 10, 2012
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 10, 2012, 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 The statement may be withdrawn, but not changed,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 Voter's 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 Voter's 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. 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 the additional actual
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expense or refund any excess amount 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 10, 2012 and shall then be repealed.
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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 6th day of December, 2011.
Name: William J. Davis
Title:-Mrryi7r-/ Mayor Pro -Tern
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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. 2011-198, 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 Tuesday, December 6, 2011, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of December, 2011, at Vernon, California.
(SEAL)
lard'G.-`Y*4guchj/ City Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: December 8, 2011
TO: William Davis, Mayor Pro-Tem
Richard Maisano, Councilman
W. Michael McCormick, Councilman
Dan Newmire, Councilman
FROM: Willard Yamaguchi, City Clerk vt
RE: Resolution No. 2011-198 — 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 10, 2012
Transmitted herewith is a copy of Resolution No. 2011-198, referenced above, which was
approved by City Council on December 6, 2011.
Thank you.
WY:dj
Attachment
c: Kristen Enomoto
Mark Whitworth
Resolution No. 2011-198
{oFveR RECEIVED
NOV 3 0 2011
CITY ADMINISTRATION
STAFF REPORT
City Clerk's Office
DATE: November 29, 2011
TO: Honorable Mayor and City Council
FROM: Willard G. Yamaguchi, City Clerk
RE: Candidate Statement — Supplemental Staff Report
Back round:
On November 15, 2011, a resolution setting forth the regulations for candidate statements was
presented to the City Council for approval, as recommended under the General Municipal
Election — April 10, 2012 Staff Report, attached for reference.
Councilman Newmire inquired as to why the resolution in question repealed all other
resolutions. Historically and procedurally, the City has adopted a new set of regulations relating
to candidate statements for each candidate election, which are election specific. That is,
although the contents of the regulations are the same in each election, the resolution applies only
to a single specific election.
Since the last candidate statement resolution adopted stated that it applied only to the April 2011
election, a new candidate statement resolution must be adopted for the April 10, 2012 election.
Furthermore, in order to be compliant with Election guidelines, the Regulation for Candidate
statements must be adopted by December 12, 2011.
Recommendation:
I recommend that the candidate statement resolution be approved for the General Municipal
Election to be held on April 10, 2012:
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CITY CLERK'S OFFICE STAFF REPORT��
City Clerk's Office
DATE: November 9, 2011
TO: Honorable Mayor and City Council
FROM: Willard G. Yamaguchi, City Clerk Wqb
RE: General Municipal Election — April 10, 2012
Back rg ound:
On April 10, 2012, the City of Vernon will be conducting an all mail ballot General Municipal
Election ("election") for the purpose of electing one member of the City Council for the full term
of five years.
This requires a resolution calling the election, and a resolution adopting regulations pertaining to
materials prepared by any candidate for a municipal election.
Additionally, 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 the
computer record of the names and addresses of all eligible registered voters in the City, and
regulations regarding candidate statements, so that the City may print labels to be attached to
self -mailer sample ballot pamphlets, and to make available to the City additional election
equipment and assistance according to state law.
Recommendation:
I recommend that the following resolutions be approved for the General Municipal Election to be
held on April 10, 2012:
1. Calling the election,
2. Regulations regarding candidate statements,
3. Engagement of the County of. Los Angeles Election Department.
WGY/ab