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RESOLUTION NO. 2023-XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA RECITING THE FACT OF THE SPECIAL <br />MUNICIPAL RECALL ELECTION HELD ON TUESDAY, <br />NOVEMBER 14, 2023, DECLARING THE RESULT, AND <br />SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines, <br />and declares as follows: <br />A. A Special Municipal Recall Election was held in the City of Santa Ana on <br />November 14, 2023, to propose the question to the voters whether to remove <br />Jessie Lopez from the office of Councilmember for Ward 3. <br />B. Pursuant to Elections Code section 10264, the results of said election, <br />including the whole number of votes cast in the City, the measure voted upon, <br />and the number of votes given in the City for and against each measure, are <br />set forth in the Certificate of Registrar of Voters to Result of the Canvass of <br />the City of Santa Ana Special Recall Election returns attached hereto as <br />Exhibit A and incorporated herein by this reference as though fully set forth. <br />C. City Charter Section 406 provides that "[t]he City Council shall be the judge of <br />the election and qualifications of its members as defined in section 401 of this <br />charter and shall meet on the first regularly scheduled meeting after election <br />returns are certified for any municipal election at which members of the City <br />Council are elected, declare the results thereof, and install elected members, <br />if any." <br />D. City Charter section 1205 specifies that "the powers of the initiative and <br />referendum and of the recall of elected municipal offices are hereby reserved <br />to the electors of the City. Unless otherwise provided by ordinance, hereafter <br />enacted, the provisions of the elections code of the State of California, as the <br />same now exist or may hereafter be amended, governing the initiative, the <br />referendum, and the recall of the municipal officers shall apply to use thereof <br />in the City insofar as such provision of the elections code are not in conflict <br />with this charter." <br />E. California Elections Code section 10262(a) provides in pertinent part that <br />"[u]pon completion of the canvass, the elections official shall certify the results <br />to the governing body, which shall not later that the fourth Friday after the <br />election, comply with the applicable provisions of section 10263." <br />F. California Elections Code section 10263 requires the governing body shall <br />adopt a resolution reciting the fact of the election and the other matters <br />Resolution No. 2023-XXX <br />Page 1 of 2 <br />