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HomeMy WebLinkAboutRES CC 2010 2929 2010 0616RESOLUTION NO. 2010 -2929 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION; DETERMINING RESOLUTION OF TIE VOTES PURSUANT TO STATE ELECTIONS CODE SECTION 15651(a); AND RESCINDING RESOLUTION NO. 98 -1476 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 cost of the candidate's statement; and WHEREAS, Section 15651(a) of the Elections Code provides if two or more persons receive an equal and the highest number of votes for an office to be voted for, the determination of tie votes will be determined by lot and that a special runoff election shall be held only if the City Council chooses to adopt the provisions of Elections Code Section 15651(b) prior to the conduct of the election resulting in the tie vote; and WHEREAS, the City Council has determined that resolution of a tie vote by lot is preferred pursuant to the provisions of Section 15651(a) of the Elections Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CANDIDATE STATEMENT 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 Moorpark 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 limited to a recitation of the candidate's own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate's qualifications, character, or activities. 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 The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Resolution No. 2010 -2929 Page 2 SECTION 2. FOREIGN LANGUAGE AND PAYMENT POLICY. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language pursuant to the Federal Voting Rights Act of 1965, as amended, and applicable State law. The candidate shall be required to pay for the cost of printing the candidate's statement in English and in any required foreign language in the voter's pamphlet. The City Clerk shall estimate the total cost of translating, printing, handling, and mailing the candidate's statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act, and require each candidate filing a statement to pay in advance to the City 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, 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 shall require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election or after receipt of the election services provider billing. SECTION 3. ADDITIONAL MATERIALS NOT PERMITTED. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 4. TIE VOTE. If at any election, two or more candidates receive an equal and the highest number of votes for an office, a tie vote shall be determined and resolved by lot pursuant to Section 15651(a) of the Elections Code of the State of California. SECTION 5. CANDIDATES TO RECEIVE COPY OF RESOLUTION. That the City Clerk shall provide each candidate, or the candidate's representative, a copy of this resolution at the time nominating petitions are issued. SECTION 6. That Resolution No. 98 -1476, which previously established regulations for candidates for elective office pertaining to candidates statements, is hereby rescinded. SECTION 7. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. Resolution No. 2010 -2929 Page 3 PASSED AND ADOPTED this 16th day of June, 2010. —c J ice S. Parvin, Mayor ATTEST: Resolution No. 2010 -2929 Page 4 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2010 -2929 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 16th day of June, 2010, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: Councilmember Millhouse ABSTAIN: None WITNESS my hand and the official seal of said City this 17th day of June, 2010. 5. tna""�Ui Deborah S. Traffenstedt, Ci Clerk (seal)