HomeMy WebLinkAbout2023-055 - Calling and Giving Notice of the Holding of a Special Municipal Election to be held on November 14, 2023RESOLUTION NO.2023-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN COUNCIL WARD 3
ON TUESDAY, NOVEMBER 14, 2023 FOR SUBMISSION
OF THE QUESTION OF THE RECALL OF CERTAIN
OFFICERS AND REQUESTING SPECIFIED SERVICES
FROM THE COUNTY OF ORANGE TO CONDUCT SAID
ELECTION
WHEREAS, under the provisions of the law relating to charter cities in the
State of California, a petition seeking the recall of City Councilmember Jessie Lopez
was circulated for qualified voter signatures and timely filed with the City Clerk for the
City of Santa Ana on June 13, 2023;
WHEREAS, the City Clerk for the City of Santa Ana retained the services of the
Orange County Registrar of Voters to verify the number of valid signatures contained
in the recall petition;
WHEREAS, on July 17, 2023, the Orange County Registrar of Voters issued a
certificate verifying that the recall petition contains enough valid signatures to qualify
the recall for the ballot (20% of the registered voters in Ward 3);
WHEREAS, based upon the data provided by the Registrar of Voters, the City
Clerk for the City of Santa Ana issued a certificate of sufficiency for the petition.
WHEREAS, the Orange County Registrar of Voters' verification certificate along
with the City Clerk's certificate of sufficiency were presented to the Santa Ana City
Council on August 1, 2023;
WHEREAS, Elections Code Section 11240 requires that the Santa Ana City
Council issue an order stating that an election shall be held to determine whether or
not the officer named in the petition shall be recalled not later than fourteen (14) days
after the meeting at which it received the certificate of sufficiency; and
WHEREAS, the election shall be held not less than 88, nor more than 125, days
after the issuance of the order pursuant to Elections Code Section 11242.
NOW, THEREFORE, 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 herby finds, determines, and
declares as follows that pursuant to the requirements of the laws of the State of
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California relating to charter cities, that there is called and ordered to be held in
C o u n c i I W a r d 3 of the City of Santa Ana, California, on Tuesday, November 14,
2023 a Special Municipal Election for the purpose of submitting the question of the
recall of City Councilmember Jessie Lopez.
Section 2. On the ballots to be used at the Special Municipal Election, in
addition to any other matters required by law, there shall be printed substantially the
following ballot question:
Shall Jessie Lopez be recalled (removed) YES
from the office of Councilmember for
Ward 3, City of Santa Ana? NO
Section 3. That, pursuant to California Elections Code Section 11327,
Councilmember Lopez may file a statement of not more than two hundred (200) words
with the elections official in accordance with Elections Code Section 13307, to be sent
to each voter, together with the voter information guide.
Section 4. The ballots to be used at the election shall be in form and content
as required by law.
Section 5. The precincts, ballot drop box locations and hours of operations,
vote center locations and hours of operations, vote -by -mail procedures and timing, and
election officers, and all other persons and procedures for the Special Municipal
Election shall be those utilized by the County of Orange.
Section 6. In all particulars not recited in this resolution, the election shall be
held and conducted as provided by lawfor holding municipal elections.
Section 7. Notice of the time and place of holding the election is given and
the City Clerk is authorized and instructed to give further or additional notice of the
election, in time, form, and manner as required by law.
Section 8. That pursuant to the requirements of Section 10002 of the
Elections Code, the Board of Supervisors of the County of Orange is hereby
requested to consent and agree to permit the Orange County Registrar of Voters to
render specific services to the City relating to the conduct of the Special Municipal
Election. The specific election services which the City of Santa Ana requests
the Registrar of Voters, or such other official as may be appropriate, to
perform, and which such officer is hereby authorized and directed to perform,
if said Board of Supervisors consents, include: the preparation, printing and
mailing of sample ballots/voter information guides; making such publications
Resolution No. 2023-055
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as are required by law in connection therewith; the preparation, printing,
mailing and furnishing of vote -by -mail ballots and other necessary supplies or
materials to conduct the election; the canvassing of the returns of the election
and the furnishing of the results of such canvassing to the City Clerk of the
City of Santa Ana; and the performance of such other election services as
may be requested by the City Clerk.
Section 9. Furthermore, pursuant to Elections Code Section 10002, the City of
Santa Ana recognizes that additional costs will be incurred by the County due to
providing election services and canvassing returns for this Special Municipal Election
and agrees to reimburse the County of Orange for any such costs.
Section 10. That the City Clerk is authorized, instructed, and directed to
coordinate with the County of Orange Registrar of Voters to procure and furnish
any and all official ballots, notices, printed matter, and all supplies, equipment, and
paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
Section 11. The City Council directs the C i t y Clerk to file a certified copy
of this Resolution with the Orange County Registrar of Voters and the Orange County
Board of Supervisors.
Section 12. This Resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 15th day of Auqust 2023.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
r}
La:u."ra A. Rossini
Chief Assistant City Attorney
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AYES: Councilmembers Amezcua, Bacerra, Hernandez,
Penaloza Phan, Vazquez (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Lopez 1
NOT PRESENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2023-055 to be the original resolution adopted by the City Council of the City of
Santa Ana on August 15, 2023.
Date : n az�
I :nifer L. I
r
City of Santa Ana
Resolution No. 2023-055
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