HomeMy WebLinkAboutItem 24 - Recall Petition for Councilmember Jessie LopezCity Clerk Office
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Item # 24
o`er City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 1, 2023
TOPIC: Recall Petition for Councilmember Jessie Lopez
AGENDA TITLE
Accept the Certificate of Sufficiency for Petition to Recall Councilmember Jessie Lopez,
City Council, Ward 3, and Either Adopt Resolutions Calling a Special Election and
Adopting a Regulation for Officer's Statement or Direct Staff to Prepare Resolutions
Calling a Special Election and Adopting a Regulation for Officer's Statement for
Consideration at the August 15, 2023 City Council Meeting
RECOMMENDED ACTION
1. Approve resolution accepting the certification of the Orange County Registrar of
Voters as to the verification of signatures and the City Clerk's Certificate of
Sufficiency for petition seeking to recall Councilmember Jessie Lopez, City Council,
Ward 3; Following acceptance of the certification, take one of the following actions:
2. Approve two resolutions:
1) calling and giving notice of a Special Municipal Election for the submission of the
question of the recall of Councilmember Jessie Lopez to a vote by the electorate of
Ward 3 of the City of Santa Ana and requesting specified services from the County
of Orange to conduct said election, and
2) adopting a regulation for officer's statement and establishing a system for
payment of the cost of inclusion of the statement in the voter information guide.
•M
3. Direct staff to prepare a resolution for approval at the August 15, 2023 Council
meeting, submitting the question of the recall of Councilmember Jessie Lopez to a
vote by the electorate of Ward 3 of the City of Santa Ana at a special election, and a
resolution adopting a regulation for officer's statement.
Recall Petition for Councilmember Jessie Lopez
August 1, 2023
Page 2
DISCUSSION
A petition to recall Councilmember Jessie Lopez, Ward 3, was approved for signature
collection by the City Clerk on April 7, 2023. Proponents delivered the completed
petition to the City Clerk on June 12, 2023. Following a prima facie examination of the
petition as required by law, the City Clerk determined the petition contained the requisite
number of signatures of electors of the City, accepted the petition for filing on June 13,
2023, and forwarded the petition to the Orange County Registrar of Voters (ROV) for
signature verification. The ROV has determined that the petition contains the requisite
number of valid signatures of electors of Santa Ana's Ward 3 to qualify the petition for
certification to the City Council and has certified the results as of July 17, 2023. Exhibit
1 is a resolution accepting the ROV's certification, with the certification attached as
Exhibit "A" to the resolution.
In order for this recall petition to qualify for an election, the petition must contain
signatures equal to 20% of the registered voters of Ward 3. The required number of
signatures for this recall petition was 5,274. After examination of the petition by the
ROV, the ROV determined the following:
Number of signatures
filed
6,617
Number of signatures
required
5,274
Number of signatures
verified
6,617
Number of signatures
found valid
5,284
Number of signatures
found invalid
1,333
Invalid because of duplicate
395
Based upon the certification as to verification of signatures on petition, the City Clerk
has prepared the certificate of sufficiency (Exhibit "B" to the Resolution). Pursuant to
California Elections Code §11240, the City Council is required to issue an order within
14 days of receiving the certificate of sufficiency stating that an election shall be held to
determine whether or not Councilmember Lopez shall be recalled. Such election shall
be held not less than 88, nor more than 125, days after the issuance of the order.
Elections may only be held on a Tuesday that is not the day before, the day of, or the
day after a State holiday.
If City Council selects Option 2 above and approves the resolution ordering the Special
Election on August 1, 2023, the possible dates for a special election are: October 31,
November 7, November 14, November 21, or November 28.
If City Council selects Option 3 above and approves the resolution ordering the Special
Election on August 15, 2023, the possible dates for a special election are: November
14, November 21, November 28, December 5, or December 12.
Recall Petition for Councilmember Jessie Lopez
August 1, 2023
Page 3
Additionally, Elections Code §11327 provides that an officer whose recall is being
sought may file a statement with the elections official in accordance with Section 13307,
to be sent to each voter, together with the voter information guide/pamphlet. Exhibit 3
sets forth a regulation for the officer's statement and establishes a system for payment
of the cost of inclusion of the officer's statement in the voter information guide/pamphlet.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Costs to cover the verification of signatures and certification of the recall petition by the
ROV were $22,936.40. Estimated costs for the Ward 3 Special Election are $607,403 -
$666,990. Sufficient funds are available in the City Clerk's Office's FY23/24 budget,
Administration, Contract Services -Professional (no. 01107031 62300).
There is no fiscal impact related to the officer's statement. All costs will be borne by the
officer.
EXHIBIT(S)
1. Resolution - Accepting Certificate of Signature Verification and Certificate of
Sufficiency
2. Resolution - Calling a Special Municipal Election
3. Resolution - Adopting Regulation for Officer's Statement
Submitted By: Jennifer Hall, City Clerk
Approved By: Kristine Ridge, City Manager
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 JESSIE LOPEZ
WHEREAS, on February 8, 2023, the City Clerk received a copy of Notice of
Intention to Circulate Recall Petition for Jessie Lopez, Councilmember, Ward 3; and
WHEREAS, on April 7, 2023, the Petition for Recall form was determined to
meet the statutory requirements and, therefore, was approved for signature gathering;
and
WHEREAS, pursuant to Elections Code Section 11221(a)(3), 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: twenty percent (20%) if the registration is less than 50,000 but at least 10,000;
and
WHEREAS, according to the current Secretary of State report (dated February
10, 2023) at the time the Notice of Intention was filed, Ward 3 in the City of
Santa Ana had 26,370 registered voters, and therefore, the number of verified
signatures required was 5,274 for the petition; and
WHEREAS, on June 12, 2023, the proponents of a recall election submitted the
petition with the C i ty Clerk's Office in accordance with Elections Code Sections 11220
and 1 1222 and prior to the established deadline of August7, 2023; and
WHEREAS, after completing a prima facie review of signatures, the City Clerk
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 July 17, 2023, the County of Orange Registrar of Voters provided
a certificate as to verification of signatures on petition for the petition to recall Council
Member Jessie Lopez, indicating the requisite number of signatures affixed to the petition,
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 City Clerk issued a certificate of sufficiency for
the petition to recall Council Member Jessie Lopez attached as Exhibit B.
#293993v2
Resolution No. 2023-XXX
Page 1 of 3
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 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 Jessie Lopez, Councilmember, Ward 3, and also accepts the City Clerk's
certificate of sufficiency.
Section 2. 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 1st day of August, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City X
Atorney
By. 0.Q,,,,
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2020-XXX
Page 2of3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2023-XXX to be the original resolution adopted by the City Council of the City of Santa
Ana on August 1 st, 2023.
Date
#293993v2
Jennifer L. Hall
City Clerk
City of Santa Ana
Resolution No. 2023-XXX
Page 3 of 3
CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange)
I, Bob Page, 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
signatures contained on the initiative petition submitted to the City of Santa Ana,
entitled, "Petition for Recall of Jessie Lopez, City Council Member, Ward 3."
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures filed: 6,617
Number of signatures required: 5,274
Number of signatures verified: 6,617
Number of signatures found valid: 5,284
Number of signatures found invalid: 1,333
Invalid because of Duplicate: 395
WITNESS my hand and Official Seal this 17th day of July, 2023.
I
BOB PAGE
Registrar of Voters
Orange County
Exhibit B
CERTIFICATE OF SUFFICIENCY OF RECALL PETITION
I, Jennifer L. Hall, City Clerk for the City of Santa Ana, County of Orange, State of California, do
hereby certify:
That proponents submitted to my office on June 12, 2023 a petition to recall Jessie Lopez
holding the office of Councilmember, Ward 3 in the City of Santa Ana, California. The petition was
accepted for filing and delivered to the Orange County Registrar of Voters on June 13, 2023 to verify
the signatures.
That said petition consisted of 1,098 sections, and that each section contained signatures
purporting to be 6,582 signatures of qualified electors of the City of Santa Ana, California. The petition
is considered sufficient to qualify if signed by at least 20% of the 26,370 registered voters in Ward 3 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 1 and incorporated by reference the signature verification of the following facts regarding
this petition:
1.
Recall sought Jessie Lopez as the named officer.
2.
Holding the Office of Councilmember, Ward 3.
3.
Total number of signatures required by law:
5,274
4.
Total number of signatures on the petition:
6,617
5.
Total number of valid signatures on the petition:
5,284
6.
Number of signatures which were disqualified:
1,333
Based on this examination and in accordance with Elections Code Sections 11222, 11224, and
11227, the recall petition is hereby acknowledged as sufficient to be submitted to the voters at 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 th City
of Santa Ana this 1711 day of July, 2023.
r oa*
L.(:ennifer
ity Cle
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f Santa An
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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 I N C O U N C I L
W A R D 3 ON TUESDAY, , 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 California
relating to charter cities, that there is called and ordered to be held in C o u n c i I
W a rd 3 of the City of Santa Ana, California, on Tuesday, , 2023
Resolution No. 2023-XXX
Page 1 of 4
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 law for 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 as are
required by law in connection therewith; the preparation, printing, mailing and
Resolution No. 2023-XXX
Page 2 of 4
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 1 st day of August, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
Resolution No. 2023-XXX
Page 3 of 4
AYES Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana
on August 1, 2023.
Date
Jennifer L. Hall
City Clerk
City of Santa Ana
Resolution No. 2023-XXX
Page 4 of 4
RESOLUTION NO. 2023-OXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ADOPTING A REGULATION FOR AN
OFFICER WHOSE RECALL IS BEING SOUGHT
PERTAINING TO A STATEMENT SUBMITTED TO THE
VOTERS AT A SPECIAL ELECTION ON TUESDAY
, 2023 AND ESTABLISHING A SYSTEM FOR
PAYMENT OF THE COST OF INCLUSION OF THE
OFFICER'S STATEMENT IN VOTER INFORMATION
GUIDE/PAMPHLET AND/OR ELECTRONIC COPY
WHEREAS, on August 1, 2023, by adoption of Resolution No. , the City
Council called a special municipal election pursuant to the California Elections Code, to
be held on , 2023, whereby the voters of Santa Ana Ward 3 will consider whether
Councilmember Jessie Lopez shall be recalled from elective office.
WHEREAS, Section 11327 of the Elections Code of the State of California
provides that an officer whose recall is being sought may file a statement with the
elections official in accordance with Section 13307, to be sent to each voter, together with
the voter information guide/pamphlet.
WHEREAS, Section 13307 of the Elections Code of the State of California
provides that the governing body of any local agency may adopt regulations pertaining to
a statement prepared by any officer whose recall is being sought for a special municipal
election, including costs of the statement.
WHEREAS, Section 13307(d) of the Elections Code of the State of California
authorizes the governing body of any local agency to require the officer whose recall is
being sought and filing a statement to pay in advance to the local agency the estimated
cost as a condition of having his or her statement included in the voter information
guide/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 Sections 13307 and 11327 of the Elections Code of the State of
California, an officer whose recall is being sought at a special election to be held in the
City of Santa Ana on , 2023 may prepare a statement on an appropriate
form provided by the City Clerk and in compliance with the requirements of the Elections
Code for the State of California. The statement shall not exceed 200 words.
Resolution No. 2023-XXX
Page 1 of 3
Section 2. Foreign Language Policy. Pursuant to the Federal Voting Rights Act,
the officer's statement will be translated into all languages required by the County of
Orange.
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 statement of the officer whose recall is
being sought and has determined the approximate cost of the officer filing a
statement, based upon such estimate, as follows:
Print in voter information guide/pamphlet and electronic copy of Statement
in Registrar of Voter's Office website in English, Spanish, Vietnamese,
Korean and Chinese:
200 Words
$1,102.45
Electronic copy of Statement in Registrar of Voter's Office website in
English, Spanish, Vietnamese, Korean and Chinese:
• 200 Words $431.56
B. Payment in advance by the officer whose recall is being sought of the 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 Statement Costs; Obligation to Pay
Actual Costs.
A. Prior to the period in which the statements may be filed, the City Clerk shall
prepare a written notice distributed to the officer whose recall is being sought,
informing him or her that payment of the amount must be made no later than
88 days before the special election, as prescribed by the California Elections
Code.
B. The City Clerk'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.
Accordingly, the City Clerk shall not be bound by the estimate and shall, as
applicable, bill the officer for the additional amount necessary to cover the
actual expense or refund any excess monies paid by the officer, depending on
the final actual cost. In the event of underpayment, the City Clerk shall require
the officer to pay the balance of the cost incurred. In the event of overpayment,
the City Clerk shall refund the excess amount paid.
Resolution No. 2023-XXX
Page 2 of 3
Section 5. The City Clerk shall provide the officer or the officer's representative
a copy of this Resolution at the time the officer files his or her statement with the City
Clerk.
Section 6. 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 1st day of August, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
Laura A. Rossini
Chief Assistant City Attorney
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No.
2023-OXX to be the original resolution adopted by the City Council of the City of Santa
Ana on August 1, 2023.
Date:
Jennifer Hall
City Clerk
City of Santa Ana
Resolution No. 2023-XXX
Page 3 of 3