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HomeMy WebLinkAbout10-178 - Resolutions - Not Adopted *NOT ADOPTED* *Chuck Buquet was appointed to fill a vacancy on the City Council at a Special Meeting on December 1, 2010 at 8:30p.m.* RESOLUTION NO. 10-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE, FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATE STATEMENT FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, JUNE 7, 2011 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any city may adopt a charge against candidates pertaining to materials prepared by any candidate for municipal election, including costs of the candidates' statement. NOW THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve, declare, determine and order 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 the Special Municipal Election to be held in the City of Rancho Cucamonga on June 7, 2011, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such 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. Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.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 2: Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 3: Payment. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate's 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 fling a statement to pay in advance his or her 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 upon the actual number of candidates filing statements. Accordingly, the 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 cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid. SECTION 4: 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 5: That all previous Resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 6: That this Resolution shall apply only to the special election to be held on June 7, 2011 and shall then be repealed. Please seethe following page for formal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 1"day of December 2010. L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Special Meeting of said City Council held on the 15` day of December 2010. Executed this 2nd day of December 2010, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Resolution No. 10-178 *NOT ADOPTED* - Page 2 of 2