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CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF THE CITY CLERK
DATE: FEBRUARY 27, 2024
FROM: OFFICE OF THE CITY CLERK
SUBJECT: ACCEPTING CERTIFICATE OF SUFFICIENCY; CALLING,
ORDERING, AND GIVING NOTICE OF A SPECIAL
MUNICIPAL ELECTION FOR THE SUBMISSION OF THE
QUESTION OF THE RECALL OF A CERTAIN OFFICER AND
REQUESTING THE ORANGE COUNTY BOARD OF
SUPERVISORS TO DIRECT THE ORANGE COUNTY
REGISTRAR OF VOTERS TO RENDER SERVICES TO THE
CITY RELATING TO THE CONDUCT OF A SPECIAL
MUNICIPAL ELECTION
ATTACHMENT (Y/N): YES ITEM # 30
GOVERNMENT CODE § 84308 APPLIES: NO
ACTION:
That the City Council, take the following actions:
1. By Resolution, accept the certification of the Orange County Registrar of Voters as to the sufficiency of signatures on the petition to recall Council Member Natalie Rubalcava, District 3; and
2. By Motion, approve an increase to the City Clerk’s Fiscal Year 2023/24 budget by $26,224.20 to cover the cost of signature verification of the recall petition by the Orange County Registrar of Voters.
Upon acceptance of the certification of the Orange County Registrar of Voters as to the sufficiency of signatures of the recall petition in accordance with the requirements of Section 1303 of the City Charter and California Elections Code §§11227 and 11240, take the following actions:
1. By Resolution, call, order, and give notice of the holding of a Special Municipal Election to be held in District 3 of the City of Anaheim on Tuesday, ___________, 2024 for the submission of the question of the recall of a certain officer; and requesting that the Orange County Board of Supervisors direct the Orange County Registrar of Voters to render services to the City relating to the conduct of a Special Municipal Election.
2. By Motion, approve an increase to the City Clerk’s Fiscal Year 2023/24 budget by $700,000 to cover the cost to conduct a Special Municipal Election.
Recall Election
February 27, 2024
DISCUSSION:
On August 18, 2023, a Notice of Intention to Circulate Recall Petition for Council Member Natalie Rubalcava, District 3 was filed with the Office of the City Clerk. The Petition for Recall form was determined to meet the statutory requirements and, therefore, was approved for signature circulation on September 21, 2023.
Pursuant to California Elections Code §11220 and 11221, the proponents were required to collect no less than 5,123 valid signatures of registered voters in District 3 of the City of Anaheim [twenty percent (20%) according to the current Statement of Registration dated February 10, 2023 to the Secretary of State by the Orange County Registrar of Voters at the time the Notice of Intention to Circulate Recall Petition was filed] and submit within 120 days of when the petition was approved for circulation.
The proponents timely submitted the petition with the City Clerk on January 17, 2024.
The City Clerk conducted a prima facie count of the signatures and, pursuant to California Elections Code §11224, the Orange County Registrar of Voters (ROV) verified the signatures on the petition and any withdrawal forms. A Certificate as to Verification of Signatures on Petition was provided to the City from the ROV on February 22, 2023 (Attachment No. 1, Exhibit A to the Resolution), which indicated the number of valid signatures on the petition was sufficient. Pursuant to Elections Code §11227, if the signatures on the petition are found to be sufficient, the City Clerk shall submit the Certificate of Sufficiency/Verification of Signatures on Petition to the City Council at its next regular meeting.
PROPOSED ELECTION DATES
Pursuant to California Elections Code §§11240 -11242, following the receipt of the Certificate of Sufficiency/Verification of Signatures on Petition, the City Council is required to call for a recall election, by resolution (Attachment No. 2), to determine if the elected officer shall be recalled. An election shall not be held less than 88 nor more than 125 days from the date the election is ordered.
Based on the date of February 27, 2024 for calling and ordering the election, the election must take place on a Tuesday between May 25 (88th day) and July 1 (125th day), 2024 and not on a holiday. Dates for City Council consideration are: May 28, 2024; June 4, 2024; June 11, 2024; June 18, 2024; and June 25, 2024.
THE RECALL BALLOT
The question to be submitted to the voters of District 3 of the City of Anaheim shall appear on the ballots in substantially the following form:
YESShall Natalie Rubalcava be recalled (removed) from
the Office of Council Member of District 3 of the
City of Anaheim? NO
Recall Election
February 27, 2024
Pursuant to California Elections Code §11382, there shall not be an election for a successor in a recall of a local officer. If a majority votes on a recall proposal for a local officer are “Yes”, the officer is removed and the office shall be vacant until it is filled according to law. City Charter §503 provides that a vacancy, from whatever cause arising, is filled by appointment by the City Council, such appointee will hold office until the next general municipal election, at which it is possible to place the matter on the ballot and elect a successor.
ORDERING OF ELECTION
Attachment No. 2 is a resolution to call, order, and give notice of the holding of a Special Municipal Election in District 3 of the City of Anaheim and other provisions, such as:
• Consideration and selection of a Special Municipal Election date: Based on the date of February 27, 2024 for calling and ordering the election, the election must take place on a Tuesday between May 25 (88th day) and July 1 (125th day), 2024 and not on a holiday. Dates for City Council consideration are: May 28, 2024; June 4, 2024; June 11, 2024; June 18, 2024; and June 25, 2024 • Requesting the services of the Orange County Registrar of Voters - In accordance with Section 10002 of the California Elections Code, the City requests that the County render full election services relating to the conduct of a Special Election.
o The precincts, vote center locations and hours of operation, ballot drop box locations and hours of operation, vote-by-mail procedures and timing, election officers and all other persons and procedures shall be those utilized by the Orange County Registrar of Voters in order to properly and lawfully conduct a special municipal election. • The officer whose recall is being sought may submit a candidate statement to be included in the voter information guide. The cost of the candidate statement is wholly paid for by the recalled officer and the cost includes translation and printing. An estimated cost is currently pending from the Orange County Registrar of Voters.
IMPACT ON BUDGET:
An increase to the City Clerk’s Fiscal Year 2023/24 budget by $26,224.20 to cover the cost of signature verification of the recall petition by the Orange County Registrar of Voters, as well as an increase in the amount of $700,000 to cover the cost to conduct a Special Municipal Election.
Recall Election
February 27, 2024
Respectfully submitted,
Theresa Bass
City Clerk
Attachments:
1. Resolution (Certificate as to the Sufficiency of Signatures)
2. Resolution (Calling, Ordering, and Giving Notice of a Special Election)