AGENDA
ITEM
24 DocuSign Envelope ID: 88CC1AD8-9BB9-413C-B85A-13DB09A54B73 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
24 CITY COUNCIL
AGENDA STAFF REPORT
DATE: May 8, 2024
TO: Mayor and City Council
-DocuSigned by:
APPROVED BY: Esperanza Colio Warren, City Manager SuBstan - 8111D9EC15C642C...
REVIEWED BY: Sandy Fonseca, Interim Finance Director
PREPARED BY: Carlos Campos, City Attorney
Veronica L. Alvarado, City Clerk
SUBJECT: Adopt Resolution Certifying Results of the Special Municipal Election Held on April 16, 2024 for the Recall of Councilmembers Ureña and Manzanarez ======
===============================================
Recommendation:
That the City Council adopt a Resolution entitled:
A Resolution of the City Council of the City of Calexico, California, Reciting the Fact of a Special Municipal Election held on April 16, 2024 for the submission of the questions of the recall of certain officers, declaring the results and such other matters as provided by law.
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 the City Clerk's Office accepted both recall petitions for filing, the petitions were referred to the Imperial County Registrar of Voters, who conducted formal signature verification with official County voter records. The verification determined both petitions contained sufficient voter signatures to qualify both recalls for the ballot.
At the December 6, 2023 Council meeting, pursuant to California Elections Code sections 11224 and 11227, the City Clerk/elections official submitted to the City Council a certificate of sufficiency as to both petitions indicating that both recalls have qualified for the ballot. At the December 20, 2023 meeting, the City Council adopted the required resolutions to schedule the recall special election for April 16, 2024.
Discussion and Analysis:
A Special Municipal Election was held in the City of Calexico on Tuesday, April 16, 2024 for the purposes of submitting the questions to Calexico voters regarding whether Councilmembers Urena and Manzanarez should be recalled from the Calexico City Council. The County of Imperial Registrar of Voters has completed the canvass of the results and the appropriate Resolution has been prepared for adoption. The results are attached as Exhibit "A" to the above entitled Resolution and indicate that both Councilmembers Urena and Manzanarez have been recalled from the City Council.
It is particularly noted that Elections Code section 11328 and 10263 state as follows:
"11328 A recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by law for a regular election for the office.
For a regular Council election, the rule is as follows:
10263 Upon the completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the election and the other matters that are enumerated in Section 10264. The governing body shall declare elected the persons for whom the highest number of votes were cast for each office." Therefore, adoption of the attached resolution is a ministerial duty of the City Council, which means the Council does not have the discretion not to adopt the resolution due to any disagreements with the election results.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments):
1. Resolution No. 2024- - Certifying the results of the Special Municipal Recal Election.
2. Imperial County Registrar of Voters Certificate of the Canvass of the Special Municipal Recall Election Results
2 RESOLUTION 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CALEXICO, CALIFORNIA, RECITING THE FACT OF
A SPECIAL MUNICIPAL ELECTION HELD ON APRIL 16,
2024, FOR THE SUBMISSION OF THE QUESTIONS OF
THE RECALL OF CERTAIN OFFICERS, DECLARING THE
RESULTS AND SUCH OTHER MATTERS AS PROVIDED
BY LAW.
WHEREAS, a Special Municipal Election was held and conducted in the City of Calexico, California on Tuesday, April 16, 2024 for the submission of the questions of the recall of City Councilmembers Raul Urena and Gilberto Manzanarez; as required by law; anc WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting centers were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California; and
WHEREAS, the Imperial County Registrar of Voters canvassed the returns of the election and has certified the results of the recall election to this City Council, the results are received, attached and made a part hereof as "Exhibit A".
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALEXICO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the Special Municipal Election was held for the purpose of submitting to the voters of the City the following questions:
Shall Raul Urena be recalled (removed) from the office of City YES Councilmember of the City of Calexico?
NO
Shall Gilberto Manzanarez be recalled (removed) from the office YES of City Councilmember of the City of Calexico?
NO
SECTION 3. That the number of votes given at each precinct and the number of voters given in the City for and against each question were as listed in "Exhibit A" attached.
SECTION 4. That the City Council does declare and determine that: As a result of the election, a majority of the voters voting on the two questions, did vote in favor of them and that, as a result, both Councilmembers Raul Urena and Gilberto Manzanarez were recalled from the office of Calexico City Councilmember.
SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election: (1) The whole number of votes (ballots) cast in the City; (2) The recall questions voted upon; (3) The number of votes given at each precinct for and against each recall question and (4) The total number of votes given for and against each recall question.
SECTION 6. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 8th day of May, 2024.
Gloria G. Romo, Mayor
Attest:
Veronica L. Alvarado, City Clerk
Approved as to form:
Carlos Campos, City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) SS
CITY OF CALEXICO )
I, Veronica L. Alvarado, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-_ _ adopted at a regular meeting held on the 8" day of May, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Veronica L. Alvarado, City Clerk
1907
IMPERIAL COUNTY ON
CERTIFICATE OF ELECTION RESULTS
April 16, 2024 Calexico Special Recall Election
STATE OF CALIFORNIA,}
COUNTY OF IMPERIAL,}
I, LINSEY J. DALE, Registrar of Voters, County of Imperial, State of California, do hereby certify that the attached is a statement of the votes cast in the County of Imperial at the Calexico Special Recall Election held on April 16, 2024 as determined by the official canvass of the results of said election and that the statement contains all of the requirements provided by law.
County of Imperial Statement of Votes Cast for April 16, 2024 Shall RAUL URENA be recalled (removed) from the office of City Councilmember of the City of Calexico?
Shall GILBERTO MANZANAREZ be recalled (removed) from the office of City Councilmember of the City of Calexico?
I hereby set my hand and official seal this 29th day of April 2024 at the County of Imperial.
Registrar of Voters
County of Imperial
OA
307
4/29/2024 1:17:19 PM
Statement of Votes Cast
Calexico Special Recall Election
County of Imperial
April 16, 2024
SOVC for: All Contests, All Districts, All Counting
Precinct Cards Cast Voters Cast % Turnout
Electionwide
Electionwide
121004 3,049 636 636 20.86%
121006 1,012 214 214 21.15%
121007 721 161 161 22.33%
121009 182 28 28 15.38%
121010 2,918 830 830 28.44%
121012 2,755 656 656 23.81%
121013 3,117 780 780 25.02%
121015 273 42 42 15.38%
121016 2,663 732 732 27.49%
121019 1,350 481 481 35.63%
121023 1,959 544 544 27.77%
121024 356 119 119 33.43%
121043 N/A
221021 94 12 12 12.77%
521041 575 138 138 24.00%
521042 439 139 139 31.66%
521043 41 13 13 31.71%
521044 2 0.00%
521045 0 N/A
521047 N/A
Electionwide - Total 21,506 5,525 5,525 25.69%
Cumulative
Cumulative 0 N/A
Cumulative - Total N/A
Electionwide - Total 21,506 5,525 5,525 25.69%
4/29/2024 1:17:19 PM
RECALL CALEXICO CITY COUNCILMEMBER (RAUL UREÑA) (Vote for 1) I want Total Votes Unresolved Write-In
Precinct
Electionwide Electionwide
Electionwide Electionwide
121004 636 3,049 121004 453 71.79% 178 28.21% 631
121006 214 1,012 121006 133 62.74% 79 37.26% 212
121007 161 721 121007 102 63.75% 36.25% 160
121009 28 182 121009 16 57.14% 12 42.86% 28
121010 830 2,918 121010 616 74.40% 212 25.60% 828
121012 656 2,755 121012 470 71.98% 183 28.02% 653
121013 780 3,117 121013 532 68.73% 31.27% 774
121015 42 273121015 30 71.43% 12 28.57%
121016 732 2,663 121016 517 70.82% 213 29.18% 730
121019 481 1,350 121019 380 79.00% 101 21.00% 481
121023 544 1,959 121023 412 76.58% 126 23.42% 538
121024 119 356 121024 85 71.43% 34 28.57% 119
121043 0 121043
221021 12 94 221021 75.00% 25.00%
521041 138 575 521041 93 67.39% 45 32.61% 138
521042 139 439 521042 113 82.48% 17.52% 137
521043 13 41 521043 10 76.92% 23.08%
521044 2 521044
521045 0 521045
521047 0521047
Electionwide - Total 5,525 21,506 Electionwide - Total 3,971 72.25% 1,525 27.75% 5,496 Cumulative Cumulative
Cumulative O Cumulative
Cumulative - Total Cumulative - Total
Electionwide - Total 5,525 21,506 Electionwide - Total 3,971 72.25% 1,525 27.75% 5,496
4/29/2024 1:17:19 PM
RECALL CALEXICO CITY COUNCILMEMBER (GILBERTO MANZANAREZ) (Vote for 1) Total Votes Unresolved Write-In
Precinct
Electionwide Electionwide
Electionwide Electionwide
121004 636 69.79% 190 30.21% 629
121006 214 1,012 121006 129 62.02% 79 37.98% 208
121007 161 721 121007 105 65.22% 56 34.78% 161
121009 28 182 121009 16 57.14% 12 42.86%
121010 830 2,918 121010 607 74.21% 211 25.79% 818
121012 656 2,755 121012 468 72.11% 181 27.89% 649
121013 780 3,117 121013 499 64.97% 269 35.03% 768
121015 42 273 121015 31 73.81% 11 26.19%
121016 732 2,663 121016 504 70.00% 216 30.00% 720
121019 481 1,350 121019 372 78.65% 101 21.35%
121023 544 1,959 121023 404 75.51% 131 • 24.49% 535
121024 119 356 121024 85 72.03% 33 27.97% 118
121043 0 121043
221021 12 94 221021 75.00% 25.00%
521041 138 575 521041 66.91% 45 33.09% 136
521042 139 439 521042 109 79.56% 28 20.44% 137
521043 13 41521043 10 76.92% 23.08%
521044 2 521044
521045 0 521045
521047 0521047
Electionwide - Total 5,525 21,506 Electionwide - Total 3,878 71.20% 1,569 28.80% 5,447 Cumulative Cumulative
Cumulative o Cumulative
Cumulative - Total Cumulative - Total
Electionwide - Total 5,525 21,506 Electionwide - Total 3,878 71.20% 1,569 28.80% 5,447