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Resolution No. 2012-018RESOLUTION NO. 2012-18 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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 5, 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 election to be held in the City of Vernon on Tuesday, June 5, 2012, may prepare a candidate's statement on an appropriate form provided by the City Clerk or Los Angeles County Registrar. 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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. b. The City Clerk shall have all candidates' statement translated into Spanish. 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 or the Registrar 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 or if the special election is consolidated with the Statewide Direct Primary Election, then the Registrar 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 City Clerk and the Registrar are not bound by the estimate and may, on a pro rata - 2 - basis, bill the candidate for the additional actual expense or refund any excess amount paid depending on the final actual cost. In the event of underpayment, the City Clerk or the Registrar 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: Each candidate or the candidate's representative shall be provided 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 June 5, 2012 and shall then be repealed. - 3 - SECTION 8: The City Clerk of the City of Vernon or if appropriate, the Registrar, 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 17th day of January, 2012. Name: William J. Davis Title: -i�Fa��/ Mayor Pro-Tem - 4 - 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. 2012-18, 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, January 17, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this [7 day of January, 2012, at Vernon, California. (SEAL) - 5 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: January 18, 2012 TO: William Davis, Mayor Pro-Tem Richard Maisano, Councilman W. Michael McCormick, Councilman Dan Newmire, Councilman FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2012-18 — 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 Special Municipal Election to Be Held on Tuesday, June 5, 2012 Transmitted herewith is a copy of Resolution No. 2012-18, referenced above, which was approved by City Council on January 17, 2012. Thank you. WY:dj Attachment c: Kristen Enomoto Mark Whitworth Resolution No. 2012-18 SIC eye/ � // f/ram DECEIVED JAN 112012 CITY CLERK'S OFFICE STAFF REPORT City Clerk's Office DATE: January 11, 2012 TO: Honorable Mayor Pro Temp and City Council FROM: Willard G. Yamaguchi, City Clerk 0% RE: Special Municipal Election — June 5, 2012 Back rground: RECEIVED JAN 1 1 2012 CITY ADMINISTRATION On June 5, 2012, the City of Vernon will be conducting a Special Municipal Election ("election") for the purpose of electing one member to the City Council to fill the unexpired tern left by former Mayor Hilario Gonzales. This requires a resolution calling the election, and a resolution adopting regulations pertaining to materials prepared by any candidate for a municipal election. In addition, the City Clerk's office is requesting a consolidated election with the Statewide Direct Primary Election. The City Clerk's office also 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, if necessary. Recommendation: I recommend that the following resolutions be approved for the Special Municipal Election to be held on June 5, 2012: 1. Calling the:election, 2. Regulations regarding candidate statements, 3. Consolidation of Election 4. Engagement of the County of Los Angeles Election Department. WGY/ab