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HomeMy WebLinkAbout2020-012 - Speical Municipal Election May 19, 2020RESOLUTION NO.2020-012 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, MAY 19,2020, 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, May19 2020 a Special Municipal Election for the purpose of submitting the question of the recall of City Councilmember Cecilia Iglesias and the Resolution No. 2020-012 Page 1 of 4 election of a candidate to fill the vacancy in Ward Six (6) if the recall 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? 1 NO For CouncilmemberWard6 - — - 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 bylaw. 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. 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 forthis special municipal election and agrees to reimburse the County of Orange for any such costs. Resolution No. 2020-012 Page 2 of 4 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. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: &-1 A . Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers Bacerra, Penaloza Sarmiento Solorio (4) NOES: Councilmembers Iglesias, Pulido Villegas (3) ABSTAIN: Councilmembers NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY Resolution No. 2020-012 Page 3 of 4 I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached Resolution No. 2020-012to be the original resolution adopted by the City Council of the City of Santa Ana on February 18, 2020. ��M Resolution No. 2020-012 Page 4 of 4 Daisy GompZ Clerk of the Council City of Santa Ana