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Resolution No. 2014-064RESOLUTION NO. 2014-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON REPEALING RESOLUTION NO. 2012-209 AND ADOPTING REGULATIONS REGARDING CANDIDATE STATEMENTS SUBMITTED TO VOTERS IN ANY GENERAL MUNICIPAL OR SPECIAL MUNICIPAL ELECTION 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; and WHEREAS, on November 6, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-209 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at any general municipal or special municipal election; and WHEREAS, the City Council desires to repeal Resolution No. 2012-209 and adopt regulations regarding candidates statements submitted to the voters in any general or special municipal election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: GENERAL PROVISIONS. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for in any general municipal or special municipal election, 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. An electronic copy of the candidate statement should also be submitted to the office of the City Clerk when filing. The statement may be withdrawn, but not changed, during the period for filing nomination papers and 'until 5:00 p.m. of the next working day after the close of the nomination period.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 4: FOREIGN LANGUAGE POLICY. a. Pursuant to the Federal Voting Rights Act, the City is required to translate candidate statements into the following languages: Spanish. b. Pursuant to state law, the candidate may elect to have their candidate statement translated into any other additional foreign language(s).. C. The City Clerk shall have all candidate statements translated into the languages required by the Federal Voting Rights Act and those additional languages requested by the candidate(s). SECTION 5: PAYMENT. The City Clerk shall print an English and Spanish voter information pamphlet to be mailed to all voters which shall include any additional translations of candidates who so - 2 - request printing in the voter information pamphlet. All translations will be made available upon request in the City Clerk's Office. a. The candidate shall be required to pay for the cost of translating the candidates statement into any required foreign language and any other language(s) he or she has elected. The City Clerk shall select the person who provides the foreign language translation pursuant to the criteria set forth in Elections Code Section 133I07(b). b. The candidate shall be required to pay the cost of printing, handling and mailing the candidate statement in English and Spanish in the voter information pamphlet, and be required to pay for said costs associated with their selection to include any other foreign language(s) in the voter information pamphlet. C. 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 information pamphlet. Actual costs vary from one election to another. The actual candidate statement filing cost for a given election may be significantly more or less than the estimate, depending on the actual number of candidates who file statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata 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 may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate - 3 - the excess amount among the candidates and refund the excess amount paid within 30 days of the election. d. 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 6: ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 7: 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 8: All previous resolutions establishing Council policy on payment for candidates' statements, specifically Resolution No. 2012-20,9, are hereby repealed. SECTION 9: This resolution shall apply at the next ensuing general municipal or special municipal election and at each general municipal or special municipal election until repealed. - 4 - SECTION 10: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 213t day of October, 2014. ATTEST: Ana BMU C&Tye-l-r]s / Deputy City Clerk Name: W. Michael McCormick Title: Mayor - 5 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Aria Barcia , � / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-64, 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, October 21, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this !i5 day of October, 2014 at Vernon, California. (SEAL) A Bar yam'/ Deputy City Clerk - 6 - TRANSMITTAL COMMUNICATION CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: October 23, 2014 TO: Ana Barcia, Deputy City Clerk FROM: Deborah Juarez, Records Management Assistant RE: Resolution No. 2014-64 — A Resolution of the City Council of the City of Vernon Repealing Resolution No. 2012-209 and Adopting Regulations Regarding Candidate Statements Submitted to Voters in any General Municipal or Special Municipal Election Transmitted herewith is a copy of Resolution No. 2014-64 referenced above, which was approved by City Council on October 21, 2014. Thank you. Attachment c: Resolution No. 2014-64 STAFF REPORT RECEIVED RECEIVED OCT 16 2014 OCT 16 2014 CITY CLERK'S OFFICE STAFF REPORT CITYADMINIS�ION City Clerk Department Aiiw DATE: October 21, 2014 TO: Honorable Mayor and City Council FROM: Ana Barcia, Deputy City Clerk, 3 RE: A Resolution repealing Resolution No. 2012-209 and adopting regulations regarding candidate statements submitted to the voters in any general or special municipal election. Recommendation It is recommended that the City Council: 1. Find that approval of the Resolution is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, as the proposed is administrative in nature; and 2. Approve the attached Resolution repealing Resolution No. 2012-209 and adopting regulations regarding candidate statements submitted to the voters in any general or special municipal election. Background On November 6, 2012, the City Council adopted Resolution No. 2012-209 adopting regulations for candidate statements submitted to the voters in any general or special municipal election. To further comply with the federal Voter Rights Act and relevant state law, staff is requesting revisions to the foreign language policy. Pursuant to the federal Voting Rights Act, the City is required to translate the candidate statement into Spanish. Pursuant to state law, the candidate may also request to have their candidate statement translated into additional foreign language(s). In compliance with federal and state law, the City Clerk shall have all candidate statement(s) translated into the languages required by the federal Voting Rights Act and any additional language(s) requested by a candidate. Staff is requesting revisions to the Payment section to update and further clarify the requirement that each candidate shall pay to the City his or her pro rata share of the total cost of printing, handling, translating, and mailing the candidate's statement in English, Spanish, and any additional language(s) requested by a candidate, as a condition of having his or her candidate statement included in the voter's pamphlet. All translations will also be made available upon request in the City Clerk's Office. Fiscal Impact The recommendation will alleviate the cost to the City related to translation and printing costs for candidate statements.