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HomeMy WebLinkAboutRESOLUTION 2024-054 N.C.S. 06/03/2024 DocuSign Envelope ID:615B504C-56D7-477F-905B-9178294BB6CE Resolution No. 2024-054 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 5, 2024 WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement; and WHEREAS, Article III, Section 4, of the Charter of the City of Petaluma authorizes the City Council to provide for the method of conducting General Municipal Elections, including regulations with respect to the candidate ballot statements; additional materials to be included within the voter's pamphlet; charges for the candidate ballot statements and such additional materials; permissible number of words in candidate ballot statement and other matters relating to the foregoing; and WHEREAS, such regulations must be established prior to the opening of the nomination period for the 2024 General Municipal Election to provide adequate notice to potential candidates; and WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that adopting resolutions calling for and noticing an election does not meet CEQA's definition of a"project,"because the action does not have the potential for resulting either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment,and because the action constitutes continued organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and WHEREAS, the City Council has received the recommendations of the City Clerk and has fully considered all matters pertaining thereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: 1. RECITALS MADE FINDINGS. The above recitals are declared to be true and correct and are incorporated into this resolution as findings of the City Council 2. GENERAL PROVISIONS. Pursuant to §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 of Petaluma on November 8, 2024, 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 themselves. 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, signed by the candidate and also an electronic version such as Microsoft Word, in the office of the City Clerk at the time the candidate's nomination papers are filed. In case of any discrepancy between the information listed on the hard copy and the digital copy of the statement, the signed hard copy will control. The statement may be withdrawn,but not changed, during the period for filing nomination papers and until 5:00 p.m. on the next working day after the close of the nomination period. Resolution No. 2024-054 N.C.S. Page 1 DocuSign Envelope ID:615B504C-56D7-477F-905B-9178294BB6CE 3. FOREIGN LANGUAGE POLICY. a. Pursuant to the Federal Voting Rights Act, candidates statements will be translated into all languages required by the County of Sonoma. The County is required to translate candidate's statements into Spanish. b. The County will print and mail bilingual voter information guides and candidates statements to all voters. The County will make the voter information guides and candidates statements available at all polling places/vote centers, on the County's website, and in the Election Official's office. 4. PAYMENT. a. Translations. i. The candidate shall be required to pay for the cost of translating the candidate statement into any required foreign language as specified in Section 2 above. ii. The candidate shall be required to pay for the cost of translating the candidate statement into any foreign language that is not required as specified in Section 2 above but that is requested as an option by the candidate. b. Printing i. The candidate shall be required to pay for the cost of printing the candidate statement in English and Spanish as required in Section 2(a) above, in the main voter pamphlet. ii. The candidate shall be required to pay for the cost of printing the candidate statement in a foreign language requested by the candidate per Section 2(b) above. The Sonoma County Registrar of Voters shall provide the City Clerk an estimate of the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to this section, including costs of complying with the Voting Rights Act of 1965 (as amended). Each candidate is required, at the time of filing nomination papers and a candidate statement, to pay in advance the City of Petaluma their estimated pro rata share as a condition of having their statement included in the voter's pamphlet. The estimated amount is an approximation of the actual costs that vary from one election to another and may be significantly more or less than the estimate, depending on 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 actual cost. In the event of overpayment,the Clerk shall refund the excess amount paid within 30 days of receipt of the actual accounting of said costs by the County Registrar of Voters. 5. MISCELLANEOUS. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. 6. ADDITIONAL MATERIALS. No additional materials shall be authorized for submission to the City Clerk or shall be submitted by candidates to be included in the voter's pamphlet. 7. RESOLUTION COPY TO BE PROVIDED. The City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nomination papers are issued. 8. PREVIOUS RESOLUTIONS REPEALED. All previous resolutions establishing Council policy on payment for candidate statements are repealed. Resolution No. 2024-054 N.C.S. Page 2 DocuSign Envelope ID:615B504C-56D7-477F-905B-9178294BB6CE 9. APPLIES TO NOVEMBER 5, 2024, ELECTION ONLY. This resolution shall apply only to the election to be held on Tuesday,November 5, 2024, and shall then be repealed. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 3rd day of June 2024, Docusignea firm: by the following voter v City Attorney AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nan,Pocekay,Shribbs NOES: None ABSENT: None ABSTAIN: None DocuSigned by: DocuSigned by: ATTEST: City er Mayor Resolution No. 2024-054 N.C.S. Page 3