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Home My WebLink About2010/02/09 Item 2 CITY COUNCIL AGENDA STATEMENT ,~(", ~'-.~ C(TYOF (HUlA VISTA February 9, 2010 ItemL ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, JUNE 8, 2010 SUBMITTED BY: Donna Norris, CMC, City Clerk JIll 4/5THS VOTE: YES D NO ~ BACKGROUND Adoption of the resolution provides regulations for candidates related to the filing of candidates' statements and 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 8, 2010, for the costs related to including candidates' statements with the voters' pampWet, and requires payment of the estimated amount as a condition to filing the statement. 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. 2-1 February 9, 2010, ItemL 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 prior to the opening of the nomination period. The City 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 of the election. The Registrar's estimated cost for a 200-word statement is $742.00. This item will require candidates who choose to file a candidate's statement to pay $742.00 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 500-foot rule found in California Code of Regulations Section I 8704.2(a)(I) 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. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with this item. Prepared by: Donna Norris, City Clerk 2-2 RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT A GENERAL MUNICIP AL ELECTION TO BE HELD TUESDAY, JUNE 8, 2010 WHEREAS, Section 13307 of the Elections Code ofthe 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 candidate's statement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City OfChula Vista as follows: SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the General Municipal Election to be held in the City ofChula Vista on Tuesday, June 8,2010, 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 the party affiliation of the candidate nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk no sooner than Monday, February 15 and no later than 5 :00 p.m. on Friday, March 12, 2010. The statement may be withdrawn, but not changed, during the stated period and until 5:00 p.m. on Monday, March 15,2010. SECTION 2. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to the Elections Code, 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 his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. 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. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill each candidate for additional actual expense or refund any excess paid depending on the final actual cost. SECTION 3. The City Clerk shall provide each candidate, or the candidate's representative, with a copy of this Resolution at the time his or her nomination papers are issued. SECTION 4. No candidate will be permitted to include additional materials in the sample ballot package. Submitted by: Approved as to form: Donna Norris, City Clerk 2-3