HomeMy WebLinkAboutCC RESO 2010-132RESOLUTION NO. 2010 — 132
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY ADOPTING
REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO CANDIDATES' STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 2, 2010
WHEREAS, Section 13307 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'
statements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DOES RESOLVE AS FOLLOWS:
Section 1. GENERAL PROVISIONS. That pursuant to Section 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 National City, California on Tuesday, November 2, 2010, 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 The statement may be withdrawn, but not changed, during the period for filing nomination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 6:00 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 candidates' statement must be translated and
printed in Spanish.
b. Pursuant to the Voting Rights Act of 1965 (as amended) and the
Memorandum of Agreement between the County of San Diego and the United States
Department of Justice dated June 23, 2004, the City is required to translate candidates'
statements into the following languages in addition to English: Spanish, Tagalog, and
Vietnamese.
c. The City Clerk shall have all candidates' statements translated into the
language specified in (b) above.
Section 3. PAYMENT. The candidate shall be required to pay for the cost of printing
the candidate's statement in a foreign language. 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
voter's 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 City 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 City Clerk may require the candidate to
Resolution No. 2010 — 132
June 22, 2010
Page 2
pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall pro -rate
the excess amount among the candidates and refund the excess amount paid within 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. COPY OF RESOLUTION. The City Clerk shall provide each candidate or
the candidate's representative with a copy of this Resolution at the time nominating petitions are
issued.
Section 6. REPEAL OF PREVIOUS RESOLUTIONS. All previous resolutions
establishing Council Policy on payment for candidates' statements are repealed.
Section 7. APPLICABILITY. This Resolution shall apply only to the election to be
held on November 2, 2010, and shall then be deemed repealed.
Section 8. CERTIFICATION BY CITY CLERK. 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 this 22nd day of June,O.
ATTEST:
Mich el R. Dalla Cit Clerk
APPROVED AS TO FORM:
2C
George H. Eiser, III
City Attorney
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on June 22,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/)
City Cler of the City of Na onal City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-132 of the City of National City, California, passed and
adopted by the Council of said City on June 22, 2010.
City Clerk of the City of National City, California
By:
Deputy