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HomeMy WebLinkAbout2020-011 - Accepting the Certificate as to Verification of SignaturesRESOLUTION NO.2020-011 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. 2020-011 Page 1 of 7 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 By: A, . �u Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers Bacerra Penaloza Pulido Sarmiento, Solorio (5) NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Iglesias Villegas (2) None (0) None (0) Resolution No. 2020-011 Page 2 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached Resolution No. 2020-011 to be the original resolution adopted by the City Council of the City of Santa Ana on February 18, 2020. Date Daisy Gon ez Clerk of the Council City of Santa Ana #26723v1 Resolution No. 2020-011 Page 3of7 EXNIEIT A ORANGE1XVNTY REGISTRAR OF VOTERS' CERi1FICATE AS TO VERIFICATION OF WONATURCS ON PETITION' Resolution No. 2020-011 Page 4 of 7 CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION State of California) )88 County of Orange) I, Neal Kelley, Registrar of Voters of the Courtly of Orange, do hereby certify thel 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 'Peirnnn to Recall Council Member Cecilia Iglesias' I further certify that from said examination I hays de1urrnined the following facts regarding this document Number of signmures filed 10,415 Number of signatures required 111ion Number of signatures verifier! 1p Number of signatures found valid 19,L7Q Number of signatues found invalid 4 1)12 Invalid hncouse of Duplicate 141 WITNESS my hand and Official Seal this 3rd day of February 2020 Registrar rar o Registrar oKFUf ers Orange critmly #267230 Resolution No. 2020-011 Page 5 of 7 EXHIBIT F CLERK OF COUNCIL'S CERTIFICATE OF 8UFFICIENCY Resolution No. 2020-011 Page 6 of 7 CERTIFICATE OF SUFFICIENCY OF RECALL PETITION I, Daisy Gomez, Clerk of the Councfl 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 quafdy 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 dales between which the purported qualfied 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: 1. Recall sought Cecilia Iglesias as the named officer. 2. Holding the Office of Councilmember, Ward 6- 3. Total number of signatures required by law 10,865 4. Total number of signatures on the petition: 16,415 5. Total number of valid signatures on the petition: 10,870 6. 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" day of February, 2020. Daisy Gomez Clerk of the Council City of Santa Ana #267230 Resolution No. 2020-011 Page 7 of 7