HomeMy WebLinkAbout65B - CERT OF SUFFICIENCY FOR PETITION TO RECALLREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 18, 2020
TITLE
PRESENT CERTIFICATE OF SUFFICIENCY
FOR PETITION TO RECALL
COUNCILMEMBER CECILIA IGLESIAS;
ADOPT RESOLUTION ACCEPTING THE
CERTIFICATE AS TO VERIFICATION OF
SIGNATURES AND THE CERTIFICATE OF
SUFFICIENCY; EITHER ADOPT
RESOLUTIONS CALLING FOR SPECIAL
ELECTION AND ADOPTING A REGULATION
FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE STATEMENTS
AND APPROVE APPROPRIATION
ADJUSTMENT; OR DIRECT STAFF TO
PREPARE RESOLUTIONS CALLING A
SPECIAL ELECTION AT THE MARCH 3, 2020
CITY COUNCIL MEETING
CLERK OF COUNCIL USE ONLY:
I_1N,1.1011I0W
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2n° Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
/s/Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTIONS
1. Adopt a resolution accepting the certificate as to verification of signatures from the Orange
County Registrar of Voters and the certificate of sufficiency from the Clerk of the Council; and
2. Approve an appropriation adjustment in the amount of $710,000 for the costs of the signature
verification and the special election.
3. Select either Option 1 or Option 2 below:
OPTION 1:
Adopt resolutions calling for a special municipal election for the submission of (1) the question
of the recall of Councilmember Cecilia Iglesias; (2) the election of candidates to fill the
vacancy if the recall prevails; and (3) adopting Candidate Statement regulations for
candidates pursuant to Elections Code section 13307.
OPTION 2:
Provide direction to staff to bring back at the March 3, 2020 Council meeting resolutions to
call a special municipal election for the submission of: (1) the question of the recall of
65B-1
Certificate of Sufficiency and Recall Election
February 18, 2020
Page 2 of 3
Councilmember Cecilia Iglesias; (2) the election of candidates to fill the vacancy if the recall
prevails; and (3) adopting Candidate Statement regulations for candidates pursuant to
Elections Code section 13307.
DISCUSSION
A petition to recall Councilmember Cecilia Iglesias was approved for signature collection by the
Clerk of the Council on August 15, 2019. Proponents filed the completed petition with the Clerk of
Council on December 18, 2019. The initial count of the signatures by the Clerk of the Council
found that there were sufficient signatures to send the petition to the Orange County Registrar of
Voters ("ROV") for signature verification. The ROV verified the signatures on the petition and
provided a certificate of verification to the Clerk of the Council on February 3, 2020.
In order for a recall petition in the City of Santa Ana to qualify for a recall election, the petition
must contain signatures equal to ten percent (10%) of the registered voters. The required
number of signatures for this recall petition was 10,865 signatures. After examination of the
petition by the ROV, the ROV determined the following:
Number of signatures filed
16,415
Number of signatures required
10,865
Number of signatures verified
15,682
Number of signatures found valid
10,870
Number of signatures found invalid
4,812
Invalid because of duplicate
141
Based upon the certificate as to verification of signatures on petition, the Clerk of the Council has
prepared the certificate of sufficiency. Pursuant to California Elections Code Section 11240, the
City Council shall issue an order within 14 days after the meeting at which it receives the
certificate of sufficiency stating that a recall election shall be held to determine whether or not
Councilmember Cecilia Iglesias shall be recalled.
OPTION 1: City Council calls for the special election at February 18, 2020 City Council
Meeting
If the City Council calls for the special election on February 18, 2020, the possible special
election dates are: May 19, June 2, June 9 or June 16.
OPTION 2: City Council calls for special election at March 3, 2020 City Council Meeting
If the City Council calls for the special election on March 3, 2020, the possible special election
dates are: June 2, June 9, June 16, June 23 or June 30.
STRATEGIC PLAN
Approval of this agreement allows us to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1, (establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
65B-2
Certificate of Sufficiency and Recall Election
February 18, 2020
Page 3 of 3
FISCAL IMPACT
The cost for the County to verify 10,870 signatures is estimated to be $60,000, which has already
been incurred. The cost of a special election is estimated to be $650,000, which will be incurred
by June 30, 2020. An additional FY19-20 appropriation of $710,000 to cover both costs will be
necessary. Staff recommends an appropriation from the General Fund balance to the Clerk of
the Council, Contractual Services account no. 01107031 62300.
Daisy Gomez
Clerk of the Council
APPROVED AS TO FUNDS AND
ACCOUNTS:
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
Exhibits: 1. Resolution Accepting Certificate of Signature Verification and Certificate of
Sufficiency
2. Resolution to Call a Special Municipal Election
3. Resolution to Adopt Candidate Statement Regulations
4. Election Calendars
L•
Exhibit 1
RESOLUTION NO. 2020-OXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING THE CERTIFICATE AS TO
VERIFICATION OF SIGNATURES ON PETITION AND
CERTIFICATE OF SUFFICIENCY FOR PETITION TO
RECALL COUNCILMEMBER CECILIA IGLESIAS
WHEREAS, on June 26, 2019, the City Clerk received a copy of Notice of
Intention to Circulate Recall Petition for Cecilia Iglesias, Councilmember; and
WHEREAS, on August 15, 2019, the Petition for Recall form was determined to
meet the statutory requirements and, therefore, was approved for signature gathering;
and
WHEREAS, pursuant Elections Code Section 11221(a)(5), the number of
signatures required on the petition to qualify and trigger a recall election must be equal
in number to not less than the following percent of registered voters in the electoral
district: ten percent (10%) if the registration is 100,000 or above; and
WHEREAS, according the current Secretary of State report (dated February
10, 2019) at the time the Notice of Intention was filed, Santa Ana had 108,646
registered voters, and therefore, the number of verified signatures required was
10,865 for the petition; and
WHEREAS, on December 18, 2019, the proponents of a recall election filed the
petition with the Clerk of Council's Office in accordance with Elections Code Section
11220 and prior to the established deadline of January 22, 2019; and
WHEREAS, after completing a prima facie review of signatures, the Clerk of
Council determined that the petition did, in fact, contain the minimum number of
signatures, and, thereafter, provided the petitions to the County of Orange Registrar
of Voters for examination and verification of signatures; and
WHEREAS, on February 3, 2020, the County of Orange Registrar of Voters
provided a certificate as to verification of signatures on petition for the petition to recall
Council Member Cecilia Iglesias, indicating the following, and attached as Exhibit A; and
WHEREAS, based upon the certificate as to verification of signatures from the
County of Orange Registrar of Voters, the Clerk of Council issued a certificate of
sufficiency for the petition to recall Council Member Cecilia Iglesias attached as Exhibit B.
#26723v1
Resolution No. 2020-XXX
Page 1 of 3
L•
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 that the City Council hereby accepts the certificate as to
verification of signatures on petition from the Orange County Registrar of Voters on
the petition to recall Cecilia Iglesias, Councilmember and also accepts the Clerk of
Council's certificate of sufficiency.
Section 2. This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 18th day of February, 2020.
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney o
By: �O.S�lJL9✓ k. 1y.
Laura A. Rossini
Senior Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
#26723v1
Resolution No. 2020-XXX
Page 2 of 3
Miguel A. Pulido
Mayor
L•
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached
Resolution No. 2020-OXX to be the original resolution adopted by the City Council of the
City of Santa Ana on February 18, 2020.
Date
#26723v1
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2020-XXX
Page 3 of 3
EXHIBITA
ORANGE COUNTY REGISTRAR OF VOTERS' CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
65B-7
CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange)
I, Neal Kelley, Registrar of Voters of the County of Orange, do hereby
certify that I am the county officer having charge of the registration of voters in
the County of Orange, and I have examined, or caused to be examined, the
petition submitted to the City of Santa Ana entitled "Petition to Recall Council
Member Cecilia Iglesias".
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures filed:
16,415
Number of signatures required:
10,865
Number of signatures verified:
15,682
Number of signatures found valid:
10,870
Number of signatures found invalid:
4,812
Invalid because of Duplicate:
141
WITNESS my hand and Official Seal this 3rd day of February, 2020.
NEAL KE
Registrar
Orange C
L. w
EXHIBIT B
CLERK OF COUNCIL'S CERTIFICATE OF SUFFICIENCY
L•
CERTIFICATE OF SUFFICIENCY OF RECALL PETITION
I, Daisy Gomez, Clerk of the Council for the City of Santa Ana, County of Orange, State of
California, do hereby certify:
That proponents filed with my office on December 18, 2019 a petition to recall Cecilia Iglesias
holding the office of Councilmember, Ward 6 in the City of Santa Ana, California. The petition was
delivered to the Orange County Registrar of Voters on December 20, 2019 to verify the signatures.
That said petition consisted of 4,131 sections, and that each section contains signatures
purporting to be 16,414 signatures of qualified electors of the City of Santa Ana, California. The
petition is considered sufficient to qualify if signed by at least 10% of the 108,646 registered voters in
the City of Santa Ana.
That attached to said petition at the time it was filed, was an affidavit purporting to be the
affidavit of the person who solicited the signatures, and containing the dates between which the
purported qualified electors signed this petition.
That the affiant stated his or her own qualification, that he or she had solicited the signatures
upon that Section, that all of the signatures were made in his or her presence, and that to the best of
his or her own information and belief, each signature to that section was the genuine signature of the
person whose name it purports to be.
That the Registrar of Voters of the County of Orange has certified the results attached hereto
as Exhibit A and incorporated by reference the signature verification of the following facts regarding
this petition:
Recall sought Cecilia Iglesias as the named officer.
Holding the Office of Councilmember, Ward 6.
Total number of signatures required by law:
10,865
Total number of signatures on the petition:
16,415
Total number of valid signatures on the petition:
10,870
Number of signatures which were disqualified:
4,812
Based on this examination and in accordance with Elections Code Sections 11222, 11224,
11227 the recall petition is hereby acknowledged as sufficient to be submitted to the voters as a
special election not less than 88, nor more than 125, days after the issuance of the order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Santa Ana this 12'h day of February, 2020.
Daisy Gomez
Clerk of the Council
City of Santa Ana
65B-10
Exibit 2
RESOLUTION NO. 2020-OXX
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 ON
TUESDAY, , FOR SUBMISSION OF THE
QUESTION OF THE RECALL OF CITY COUNCILMEMBER CECILIA
IGLESIAS AND THE ELECTION OF A CANDIDATE TO FILL THE
VACANCY IF THE RECALL PREVAILS
WHEREAS, A petition for the recall of City Councilmember Cecilia Iglesias was
circulated for signatures and submitted to the Clerk of Council for the City of Santa Ana
on December 18, 2019;
WHEREAS, on February 3, 2020, the Orange County Registrar of Voters issued
a certificate as to verification of signatures on petition for the petition to recall Council
Member Cecilia Iglesias finding that sufficient signatures had been verified to qualify
the petition for the ballot;
WHEREAS, based upon the Registrar of Voters certificate as to verification of
signatures, the Clerk of Council for the City of Santa Ana issued a certificate of
sufficiency for the petition.
WHEREAS, the results of the Orange County Registrar of Voters' certificate as
to verification of signatures along with the certificate of sufficiency were presented to
the Santa Ana City Council on February 18, 2020;
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 within 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 California, that there
is called and ordered to be held in the City of Santa Ana California, on Tuesday,
, 2020 a Special Municipal Election for
the purpose of submitting the question of the recall of City Councilmember Cecilia
Iglesias and the election of a candidate to fill the vacancy in Ward Six (6) if the recall
#26725v2
Resolution No. 2020-XXX
Page 1 of 65B-11
prevails.
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 Cecilia Iglesias be recalled YES
(removed) from the office of
Councilmember for Ward 6? NO
For Councilmember Ward 6
To succeed Cecilia Iglesias if she is recalled.
Term ending December, 2022.
Vote for ONE
(To be followed by the list of candidates
qualifying for the office of Councilmember for
Ward 6 and appropriately identified write-in space)
SECTION 3: The ballots to be used at the election shall be in a form and content as
required by law.
SECTION 4: The polls for the election shall be open pursuant to Elections Code
Section 10242, except as provided in Section 14401 of the Elections Code of the State
of California.
SECTION 5: In all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 6: Notice of the time and place of holding the election is given and the Clerk
of Council is authorized, instructed to give further or additional notice of the election, in
time, form and manner as required by law.
SECTION 7: 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 Board of
Supervisors of the County of Orange is hereby authorized to canvass the returns
of said special municipal election pursuant to Section 10411 of the Elections
Code.
#26725v2
Resolution No. 2020-XXX
Page 2 of 4
65B-12
SECTION 8: 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 9: That the Clerk of Council 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 10: The City Council directs the Clerk of Council to file a certified copy of
this Resolution with the Orange County Registrar of Voters and the Orange County Board
of Supervisors.
SECTION 11: This Resolution shall take effect immediately upon its adopting by the City
Council, and the Clerk of Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 18th day of February, 2020.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney {{��
By: Soxo Ov A, k lV�1Ll�tfu
Laura A. Rossini
Senior Assistant City Attorney
AYES Councilmembers
NOES: Councilmembers
#26725v2
Resolution No. 2020-XXX
Page 3 of 4
65B-13
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached Resolution
No. 2020-OXX to be the original resolution adopted by the City Council of the City of Santa
Ana on February 18, 2020.
Date
#26725v2
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2020-XXX
Page 4 of 4
65B-14
0111.7ttc3
RESOLUTION NO. 2020-OXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A REGULATION FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS
AT A SPECIAL ELECTION TUESDAY ,2020
AND ESTABLISHING A SYSTEM FOR CANDIDATES
WHOSE STATEMENTS ARE SUBMITTED TO THE
ELECTORATE IN THE SPECIAL MUNICIPAL ELECTION
ON 2020 TO PAY THE PRO RATA SHARE
OF THE COST OF INCLUSION OF THEIR STATEMENT IN
VOTER PAMPHLETS AND/OR ELECTRONIC COPY
WHEREAS, Section 13307 of the Elections Code of the State of California
provides that the governing body of any local agency adopt regulations pertaining to
materials prepared by any candidate for a special municipal election, including costs of
the candidate statement.
WHEREAS, Section 13307(d) of the Elections Code of the State of California
authorizes the governing body of any local agency to require each candidate filing a
candidate's statement to pay in advance to the local agency his or her estimated pro rata
share as a condition of having his or her statement included in the voter's pamphlet or
electronically distributed.
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:
That pursuant to Section 13307 of the Elections Code of the State of California,
each candidate for elective office to be voted for at a special election to be held in the City
of Santa Ana on , 2020 may prepare a candidate statement on an
appropriate form provided by the Clerk of Council and in compliance with the
requirements of the Elections Code for the State of California.
Section 2. Foreign Language Policy. Pursuant to the Federal Voting Rights Act,
candidate statements will be translated into all languages required by the County of
Orange.
#26721v1
Resolution No. 2020-XXX
Page 1 of 3
65B-15
Section 3. Payment.
A. The Orange County Registrar of Voters Office has estimated the total cost of
translating, posting an electronic copy on the Registrar of Voters website,
printing, handling, and/or mailing the candidates' statements and has
determined the approximate cost of the pro rata share of each candidate filing
a statement, based upon such estimate, as follows:
Print in voter's pamphlet and electronic copy of Candidate Statement in
Registrar of Voter's Office website in English, Spanish, Vietnamese, Korean
and Chinese:
• 200 Words $1,400.29
• 400 Words $2,601.10
Electronic copy of Candidate Statement in Registrar of Voter's Office
website in English, Spanish, Vietnamese, Korean and Chinese:
• 200 Words $324.48
• 400 Words $449.48
B. Payment in advance by each such candidate of his or her prorated share of the
candidate statement costs shall be a condition of having his or her statement
included in the voter's pamphlet, and/or electronic posting.
Section 4. Notice of Requirement to Pay Candidate Statement Costs;
Obligation to Pay Actual Costs.
A. Prior to the period in which candidates' statements may be filed, the Clerk of
the Council shall prepare a written notice distributed to all candidates at the
time of issuance of the nomination papers, informing them that payment of the
pro rata share amount must be made at the same time as the candidate's
nomination papers are filed, as prescribed by the California Elections Code.
B. The Clerk of the Council's receipt for the payment shall include a written notice
that 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 on the actual number of candidates filing statements.
Accordingly, the Clerk of the Council shall not be bound by the estimate and
shall, as applicable, on a pro rata basis, bill the candidate for the additional
necessary to cover the actual expense or refund any excess monies paid by
the candidate, depending on the final actual cost. In the event of underpayment,
the Clerk of the Council shall require the candidate to pay the balance of the
cost incurred. In the event of overpayment, the Clerk of the Council shall
prorate the excess amount among the candidates and refund the excess
amount paid.
Section 5. The Clerk of the Council shall provide each candidate or the
candidate's representative a copy of this Resolution at the time when nominating petitions
are issued by the Clerk.
#26721v1
Resolution No. 2020-XXX
Page 2 of 3 65B-16
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 18th day of February, 2020.
Miguel Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By SCV n A _
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2020-OXX to be the original resolution adopted by the City Council of the
City of Santa Ana on February 18, 2020.
Date:
#26721v1
Daisy Gomez
Clerk of the Council
City of Santa Ana
Resolution No. 2020-XXX
Page 3 of 3
65B-17
Exhibit 4
Possible Election Dates if called February 18th
Election Day
May 19th
May 26th
June 2"d
June 9th
June 16th
Nomination
HOLIDAY on
Period Opens
February 19th
Monday,
February 19th
February 19th
February 19th
May 25th
Nomination
15 days
29 days
36 days
43 days
Period
Duration
Nomination
March 5
March 19
March 26
April 2
Period Closes
Campaign
90 days
104 days
111 days
118 days
Period
Results Due
July 1
July 14
July 21
July 28
Receive
July 7
July 21
August 18
August 18
Results &
Swearing -In of
New Officer
Possible Election Dates if called March 3'd
Election Day
June 2na
June 9111
June 16111
June 23ra
June
Nomination
Period
March 4th
March 4th
March 4th
March 4th
March 4th
Opens
Nomination
15 days
22 days
29 days
36 days
43 days
Period
Duration
Nomination
March 19
March 26
April 2
April 9
April 16
Period
Closes
Campaign
90 days
97 days
104 days
111 days
118 days
Period
Results Due
July 14
July 21
July 28
August 4
August 11
Receive
July 21
July 28
August 4
August 18
August 18
Results
& Swearing -
In of New
Officers