AGENDA
ITEM
11 CITY COUNCIL
CALEXICO
AGENDA STAFF REPORT
DATE: December 6, 2023
Mayor and City Council
REVIEWED BY: Esperanza Colio, City Manager
PREPARED BY: Carlos Campos, City Attorney
Veronica L. Alvarado, City Clerk to
SUBJECT: Receive and File Certificate of Sufficiency of Local Recall Petitions Seeking Removal of Councilmembers Urena and Manzanarez and Discuss Setting the Special Municipal Election Date for the Recall Recommendation:
That the City Council:
Receive and file the Certificate of Sufficiency of local recall petitions seeking the removal of Councilmembers Urena and Manzanarez; and
Select one of the following two options:
1a. Discuss and select an appropriate Special Municipal Election date for the recall and adopt the following resolution:
RESOLUTION NO. 23- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CALEXICO CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, , 2024 FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS.
If the Council schedules the recall election for March 5, 2024, adopt the following resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF IMPERIAL TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE
1c. If the Council schedules the recall election for any other date, adopt the following resolution:
RESOLUTION NO. 23- _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CALEXICO REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF
IMPERIAL TO RENDER FULL SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, , 2024 FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS.
2. Open the discussion and continue this item until December 20, 2023 at which point select an appropriate Special Municipal Election date for the recall and adopt resolution 1a and 1c above.
Background:
On November 16, 2023, local proponents seeking the removal of Council Members Urena and Manzanarez timely filed in the Calexico City Clerk's Office two recall petitions. After conducting a prima faciel"raw" count, it was determined that both petitions contained sufficient signatures to qualify. Therefore, the City Clerk's Office accepted both recall petitions for filing.
As is standard practice throughout the State, the City Clerk's Office referred the petitions to the Imperial County Registrar of Voters for formal signature verification with official County voter records. The verification of signatures has been completed by the Registrar of Voters and based upon that review, both petitions have been determined to be sufficient. Under the California Elections Code, the required number of signatures to qualify is 4,196, which represents 20% of the City's registered voters. The verification of signatures concluded that 4,288 signatures were valid in the Urena petition and 4,243 signatures were valid in the Manzanarez petition. Therefore, both recalls have qualified for the ballot.
Discussion and Analysis:
Pursuant to California Elections Code sections 11224 and 11227, the City Clerk/elections official has submitted to the City Council a certificate of sufficiency as to both petitions. Within 14-days of receiving the certificate of sufficiency the City Council shall issue an order stating that an election shall be held pursuant to Elections Code sections 11240 et. seq to determine whether or not the officers named in the petitions shall be recalled.
The Council can call the Special Municipal Election for the recall at this regular meeting or at a special meeting that may take place between December 7 and December 19 or at the regular meeting of December 20. If the Council does not call a special election by December 20, the County Registrar of Voters, within 5 days thereafter, shall call the election for the City.
The dates on which a recall election shall occur are set by state law. The recall election shall be held on a Tuesday that is not on, before or after a State holiday, and which is not less than 88, nor more than 125 days from the date the City Council orders the election. 2 If the Council calls the Special Municipal Election this evening, the 88-125 day timeline to hold the recall election will fall between Sunday, March 3, 2024 and Tuesday, April 9, 2024. The available Tuesday election dates would be as follows:
• March 5, 2024 - Statewide Primary Election date
March 12, 2024
March 19, 2024
• March 26, 2024
• April 2, 2024
• April 9, 2024
If the Council chooses to continue this item to the December 20, 2023 Regular Meeting, the 88-125 day timeline to hold the recall election will fall between Sunday, March 17, 2024 and Tuesday, April 23, 2024. The available Tuesday election dates would be as follows:
• March 19, 2024
• March 26, 2024
• April 2, 2024
• April 9, 2024
• April 16, 2024
• April 23, 2024 - not available - day prior to Genocide Remembrance Day, a State holiday Staff notes that scheduling the recall election for March 5, 2024 will be substantially less expensive than any other date because the Statewide Primary is being held on that same date.
This allows the recall election to be "consolidated" with the State and other local agency elections occurring on that date, thereby spreading out the cost. For any other date, the City would be assuming the entire cost. If the Council delays consideration of this matter beyond Friday, December 8, 2023, it will be too late to schedule the recall election for the March 5, 2024 Statewide Primary.
Change to recall election format:
It is further noted that, until this year, recall elections in general law cities were two- question ballots for each officer - (1) shall the officer be recalled and, (2) if so, who shall succeed the officer? As part of the recall election, a slate of candidates would simultaneously run for the remaining term of the office in the event the recall was successful, like a City Council election.
However, the Elections Code was amended in 2023 so that local recall elections are now one-question ballots for each officer - (1) shall the officer be recalled? Instead of holding a simultaneous election for a successor, State law now provides that if a recall is successful, a vacancy is created in the office that shall be filled according to law. The seat would then be filled either by City Council appointment or by a subsequent special municipal election.
Fiscal Impact:
The County Registrar of Voters will provide a total amount once they tally all the expenses from the recall election.
Attachments:
City Clerk's Certificate of Petition Sufficiency
2. Imperial County Certificate of Petition Verification Results
3. Resolution No. 23-_ Calling Special Municipal Election for Recall
4. Resolution No. 23- Requesting consolidation of the recall election with the Statewide Primary Election (If recall is called for March 5, 2024)
5. Resolution No. 23- Requesting Full Election Services from Imperial County (if recall is called for any other date)
CITY OF CALEXICO
CERTIFICATE OF SUFFICIENCY OF LOCAL RECALL PETITIONS
(Seeking Removal of Councilmembers Raul Urena and Gilberto Manzanarez) 1, Veronica L. Alvarado, City Clerk of the City of Calexico, County of Imperial, State of California, hereby certify that two recall petitions seeking the removal of Councilmembers Raul Urena and Gilberto Manzanarez were filed with this Office on November 16, 2023; That each section of the petitions contain signatures purporting to be signatures of qualified electors of the City of Calexico, California;
That attached to the petitions at the time they were filed, were affidavits purporting to be the affidavit of the person(s) who solicited the signatures, and containing the dates between which the purported qualified electors signed these petitions; That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section of the petition, 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 of the petition was the genuine signature of the person whose name it purports to be; That after the proponents filed the petitions and based upon verification by the County of Imperial Registrar of Voters, I have determined the following facts regarding these petitions:
Petition for Raul Urena:
1. Total number of signatures filed: 5,105
2. Number of signatures verified: 5,105
3. Total number of signature needed: 4,196
4. Number of signatures found sufficient: 4,243
5. Number of signatures found not sufficient: 862
Petition for Gilberto Manzanarez:
1. Total number of signatures filed: 5,157
2. Number of signatures verified: 5,157
3. Total number of signature needed: 4,196
4. Number of signatures found sufficient: 4,288
5. Number of signatures found not sufficient: 869
Based on the above, each petition is deemed to be sufficient.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Calexico this 6th day of December, 2023
Veronica L. Alvarado
City Clerk
CERTIFICATE OF PETITION VERIFICATION RESÚLTS
1907
APERIAL COURTY CA November 29, 2023
Recall of Calexico City Councilmember Gilberto Manzanarez Recall of Calexico City Councilmember Raul Ureña
1, LINSEY J. DALE, Registrar of Voters, County of Imperial, State of California, having jurisdiction over the conduct of elections held in the County of Imperial, hereby certify that commencing at 9:00 am on November 17, 2023, at the Imperial County Administration Center, Room 206, the Petition for the Recall of Calexico City Councilmember Gilberto Manzanarez and the Petition for the Recall of Calexico City Councilmember Raul Ureña were publicly reviewed and the official results were certified as follows:
Recall of Calexico City Councilmember Gilberto Manzanarez Total Signatures Submitted 5,105
Signatures Duplicated 188
Voters Not Registered 424
Signatures Miscompares 119
Wrong Addresses 84
Wrong Districts 47
Total Signatures Valid 4,243
Recall of Calexico City Councilmember Raul Ureña
Total Signatures Submitted 5,157
Signatures Duplicated 160
Voters Not Registered 449
Signatures Miscompares 127
Wrong Addresses 97
Wrong Districts 35
Wrong Registration Date 1
Total Signatures Valid 4,288
It is therefore certified that the Recall of Calexico City Councilmember Gilberto Manzanarez and the Recall of Calexico City Councilmember Raul Ureña qualify for the March 5, 2024 Presidential Primary Election. I further certify that one copy of this certificate and the results have been placed in the permanent files of my office.
Date: November 29, 2023
Stube
Registrar of Voters
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO,
IMPERIAL COUNTY, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, , 2024 FOR
THE SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS.
WHEREAS, under the provisions of the law relating to general law cities in the State of California, two recall petitions were timely filed demanding the recall of City Council Members Raul Urena and Gilberto Manzanarez; and WHEREAS, the Imperial County Registrar of Voters has verified that each petition was signed by more than twenty (20) percent of the registered voters of the City of Calexico ("City"); and
WHEREAS, the City Council is therefore authorized and directed by statute to submit the proposed recall to the voters of City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO,
IMPERIAL COUNTY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Calexico, Imperial County, California, on Tuesday, _, 2024, a Special Municipal Election for the purpose of submitting the questions of the recall of City Councilmembers Raul Urena and Gilberto Manzanarez.
SECTION 2. That on the ballots to be used at the election, in addition to any other matters required by law, there shall be printed substantially the following two questions:
Shall Raul Urena be recalled (removed) from the office of YES City Councilmember of the City of Calexico?
NO
Shall Gilberto Manzanarez be recalled (removed) from the YES office of City Councilmember of the City of Calexico?
NO
SECTION 3. Pursuant to California Elections Code §11327, Councilmembers Urena and Manzanarez may each file a statement of not more than two hundred (200) words with the elections official in accordance with Elections Code §13307, to be sent to each voter, together with the voter information guide.
SECTION 4. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 5. That the City Clerk, through the Imperial County Registrar of Voters, is authorized, instructed and directed 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 6. That 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 the same as those utilized by the County of Imperial.
SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON December 6, 2023
RAUL URENA, MAYOR
ATTEST:
Veronica L. Alvarado, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
RESOLUTION NO. 23-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF IMPERIAL TO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024, WITH THE
STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE
PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS
CODE
WHEREAS, by adoption of Resolution No. 23- _on December 6, 2023, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, March 5, 2024 in the City of Calexico, County of Imperial, for the purpose of submitting to the voters of the City the following questions regarding the recall of Councilmembers Raul Urena and Gilberto Manzanarez:
Shall Raul Urena be recalled (removed) from the office of YES City Councilmember of the City of Calexico?
NO
Shall Gilberto Manzanarez be recalled (removed) from the YES office of City Councilmember of the City of Calexico?
NO
WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the Imperial County Registrar of Voters canvass the returns of the Special Municipal Election, and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Imperial is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, March 5, 2024, for the purpose of submitting to the voters of City of Calexico the questions relating to the recall of Councilmembers Raul Urena and Gilberto Manzanarez.
SECTION 2. That the Imperial County Registrar of Voters is authorized to canvass the returns of the Special Municipal Election for the City of Calexico. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to Elections Code Section 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.
SECTION 3. That the Board of Supervisors of the County of Imperial is requested to issue instructions to the Imperial County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 4. That the City of Calexico recognizes that additional costs will be incurred by the County of Imperial by reason of this consolidation and agrees to reimburse the County of Imperial for any costs upon presentation of reasonably detailed invoices.
SECTION 5. That the City Clerk is hereby directed to forward without delay a certified copy of this resolution to both the Board of Supervisors of the County of Imperial and the Imperial County Registrar of Voters.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
ATTEST: APPROVED:
Veronica Luna, City Clerk RAUL URENA, MAYOR
APPROVED AS TO FORM:
Carlos Campos, City Attorney
RESOLUTION NO. 23-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF IMPERIAL TO RENDER FULL SERVICES TO THE CITY
RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, _, 2024 FOR THE SUBMISSION
OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS
WHEREAS, by adoption of Resolution No. 23-- on December _ 2023, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, , 2024 in the City of Calexico, County of Imperial, for the purpose of submitting the following questions regarding the recall of Councilmembers Raul Urena and Gilberto Manzanarez:
Shall Raul Urena be recalled (removed) from the office of YES City Councilmember of the City of Calexico?
NO
Shall Gilberto Manzanarez be recalled (removed) from the YES office of City Councilmember of the City of Calexico?
NO
WHEREAS, by adoption of this Resolution, the City Council desires that the County of Imperial render full services to the City in connection with said Special Municipal Election; and
WHEREAS, all necessary expenses in performing these services shall be paid by the City of Calexico.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO,
CALIFORNIA, DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Pursuant to the provisions of Section 10002 of the Elections Code Calexico requests the Registrar of Voters/Election Department, 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; making such publications as are required by law in connection therewith; the establishment of voting centers and ballot drop boxes, the preparation, printing, mailing and furnishing of vote-by-mail ballots and other necessary supplies or 1 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 Calexico; and the performance of such other election services as may be requested by the City Clerk.
Section 2. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.
Section 3. The City Clerk shall certify to the adoption of this Resolution and is directed to forward without delay to said Board of Supervisors and to the County Registrar of Voters/Election Department each a certified copy of this Resolution.
PASSED, APPROVED AND ADOPTED ON December 6, 2024
RAUL URENA, MAYOR
ATTEST:
Veronica Luna, City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
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