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Home My WebLink About2008/01/22 Item 2 CITY COUNCIL AGENDA STATEMENT ~~ CITY OF ~H~ CHUlA VISTA January 22, 2008, Item 2. SUBMITTED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY CLERK TO ESTIMATE COSTS PAYABLE BY CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 3, 2008 AND REQUIRING PAYMENT THEREOF AS A CONDITION TO FILING OF SUCH MATERIALS () Donna Norris, CMC, Interim City Clerkd..%~ ITEM TITLE: 4/5THS VOTE: YES 0 NO ~ BACKGROUND This item authorizes the City Clerk to estimate the cost payable by each candidate for elective office for the General Municipal Election to be held in the City on June 3, 2008, for printing, handling, translating, and mailing of candidate statements, and requires payment of such amount as a condition to filing of the materials. State law requires the City to refund any amount paid pursuant to the City's estimate that is over the actual cost, and allows the City to recover additional amounts where the estimate is below the actual cost. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not Applicable. ~-/ January 22,2008, Item 2. Page 2 of2 DISCUSSION Section 13307 of the California Elections Code authorizes each candidate for nonpartisan elective office in a city to prepare a candidate's statement on a form provided by the City Clerk. The statement cannot exceed 200 words unless authorized by the City Council. Section 13307 requires the statement to be filed with the City Clerk when the candidate's nomination papers are filed, no later than 88 days before the election. The City Clerk must send copies of the candidate statements (which must be translated pursuant to state law) to each voter with the sample ballot. Section 13307 authorizes the City to estimate the total cost of printing, handling, translating, and mailing the candidate's statements, and to require each candidate filing a statement to pay in advance his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. The determination whether to charge candidates for filing candidate statements must be made at prior to the opening of the nomination period. The Clerk must provide each candidate with a written statement of the regulations with respect to charges for handling, packaging, and mailing at the time he or she picks up the nomination papers. When each candidate pays the charge, the Clerk must provide a receipt which includes written notice that the charge 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. If the estimate is below the actual cost, the Clerk may, on a pro rata basis, bill each candidate for additional actual expense. If the estimate is above the actual cost, the Clerk must refund any excess paid within 30 days ofthe election. The Registrar's estimated cost for a 200-word statement is $S4S.00. This item will require candidates who choose to file a candidate's statement to pay $S4S.00 as a deposit at the time their statements and nomination papers are filed with the City Clerk. Should the actual cost be less, the balance will be refunded to the candidates; and should the actual cost be more, candidates will be billed for the difference. DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and, consequently, the SOO-foot rule found in California Code of Regulations Section I 8704.2(a)(1) is not applicable to this decision. FISCAL IMPACT There is no fiscal impact associated with this item. The established fee will reflect the direct cost to the City. Prepared by: Donna Norris, Interim City Clerk c:-?~ RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY CLERK TO ESTIMATE COSTS PAYABLE BY CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 3, 2008 AND REQUIRING PAYMENT THEREOF AS A CONDITION TO FILING OF SUCH MATERIALS WHEREAS, Section 13307 of the Elections Code of the State of California authorizes the governing body of any local agency to require candidates for nonpartisan elective office to pay, as a condition of filing of candidate statements, an estimated pro rata share of printing, handling, translating, and mailing thereof, upon the conditions set forth in that section, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER, as follows: SECTION 1. Each candidate for elective office to be voted for at the General Municipal Election to be held in the City ofChula Vista on June 3, 2008, pursuant to California Elections Code section 13307, with the City Clerk of the City of Chula Vista, shall be required to pay the estimated pro rata share of the total cost of printing, handling, and mailing of candidates' statements at the time of submission of his or her statement, as a condition of having his or her statement included in the voter's pamphlet for said election. Candidate statements and the fee required hereby shall be filed in the Office of the City Clerk no sooner than February II and no later than 5:00 p.m. on Friday, March 7, 2008. Such statement may be withdrawn, but not changed, during the stated period and until 5 :00 p.m. on Monday, March 10, 2008. SECTION 2. The City Clerk is hereby authorized to estimate the total cost of printing, handling, and mailing the candidates' statements. The City Clerk shall provide a receipt upon payment of the estimate, which shall include the language required by California Elections Code section 13307. The City Clerk shall bill each candidate for any actual cost in excess ofthe estimate and shall refund any unused portion of the estimate within no more than 30 days of the election. SECTION 3. The City Clerk shall provide each candidate, or the candidate's representative, with a written statement of the regulations adopted hereby with respect to the charges for handling, packaging, and mailing of the candidate statement with his or her nomination papers. Presented by: Approved as to form by: Donna R. Norris Interim City Clerk (~}!;{(\ 7Tt2t/k<VAr / Ann Moore/ City Attorne ~"3