2023-092 - Reciting the Fact of Special Municipal Recall Election held on Tuesday, November 14, 2023

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RESOLUTION NO. 2023-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA RECITING THE FACT OF THE SPECIAL MUNICIPAL RECALL ELECTION HELD ON TUESDAY, NOVEMBER 14, 2023, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS MAY BE PROVIDED BY LAW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. A Special Municipal Recall Election was held in the City of Santa Ana on November 14, 2023, to propose the question to the voters whether to remove Jessie Lopez from the office of Councilmember for Ward 3. B. Pursuant to Elections Code section 10264, the results of said election, including the whole number of votes cast in the City, the measure voted upon, and the number of votes given in the City for and against each measure, are set forth in the Certificate of Registrar of Voters to Result of the Canvass of the City of Santa Ana Special Recall Election returns attached hereto as Exhibit A and incorporated herein by this reference as though fully set forth. C. City Charter Section 406 provides that "[t]he City Council shall be the judge of the election and qualifications of its members as defined in section 401 of this charter and shall meet on the first regularly scheduled meeting after election returns are certified for any municipal election at which members of the City Council are elected, declare the results thereof, and install elected members, if any." D. City Charter section 1205 specifies that "the powers of the initiative and referendum and of the recall of elected municipal offices are hereby reserved to the electors of the City. Unless otherwise provided by ordinance, hereafter enacted, the provisions of the elections code of the State of California, as the same now exist or may hereafter be amended, governing the initiative, the referendum, and the recall of the municipal officers shall apply to use thereof in the City insofar as such provision of the elections code are not in conflict with this charter." E. California Elections Code section 10262(a) provides in pertinent part that "[u]pon completion of the canvass, the elections official shall certify the results to the governing body, which shall not later that the fourth Friday after the election, comply with the applicable provisions of section 10263." California Elections Code section 10263 requires the governing body shall adopt a resolution reciting the fact of the election and the other matters Resolution No. 2023-092 Page 1 of 3