Item No.
APPROVED BY
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCPTY MANAGER
OFFICECITY MANAGER
ALICIA DUARTE, CMC, CITY
DATE: OCTOBER 11, 2022
SUBJECT: RECEIVE AND FILECERTIFICATE SUFFICIENCY LOCAL RECALL
PETITION SEEKING L OF COUNCIL MEMBER CATHERINE
ALVAREZ AND DISCUSS SETTING THE SPECIAL MUNICIPAL ELECTION
DATE FOR THE RECALL
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ADOPT RESOLUTION• RESOLUTION OF THE CITY COUNCIL•
THE CITY OF DOWNEY CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, -, 2023 FOR: • OF THE
A-MESTION OF THE RECALL OF CERTAIN
• -
On September1' •, proponents s- a the removal of • Member _
RECEIVE r FILE CERTIFICATE OF • PETITION
REMOVALSEEKING OF COUNCIL ALVAREZ
AND DISCUSS
MUNICIPALSETTING THE SPECIAL • DATE FOR THE RECALL• •:
PAGE 2
the recall petition. After conducting a prima facie count at the counter, it was determined that the petition contained sufficient signatures to qualify. Therefore, the City Clerk's Office accepted the recall petition forfiling.
As is standard practice, the City Clerk's Office referred the petition to the Los Angeles County Registrar of Voters for signature verification with 6fficial County voter records. The vedfication of signatures has been completed by the Registrar of Voters and based upon that review, the petition has been determined to be sufficient. A total of 4,700 signatures were filed and the required number of signatures to qualify was 3,471. The verification of signatures concluded that 3,881 signatures were valid, thereby qualifying the recall for the ballot.
It is noted that, pursuant to Downey City Charter section 503, "[A] vacancy caused by a recall election shall be filled by the voters within the district in which the vacancy occurs. The election of an eligible candidate to fill such vacancy shall occur after the recall election". Therefore, while state law typically poses both the recall and replacement questions to the voter at the same election, in Downey, exercising its "home rule" authority as a charter city, the question of recall must appear on one special election ballot and, if the officer is recalled at that election, a subsequent special election must be held to elect the officers' replacement. The attached resolutions would place the first question to District 3 voters in early 2023. If Ms. Alvarez is recalled, the election for a replacement would be held in late 2023.
V71-7171i Maii 1551T an 51571 titaung MY an eiectiloon I W'ae held Purspantto Elections Code sedonsi 11240 et. seq to determine whether or not the officer named in the petition 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 October 12 and October 24, or at the Regular meeting of October 25, 2022. If the Council does not call a special election by October 25, the County Registrar of Voters, within 5 days thereafter, shall call the election for the City.
The dates on s occur are setby - law. The recall electionbe Stateheld on a Tuesday that is not on, before or after a than ii
availablenor more than 125 days from the date the City Council orders the election.
If the Council calls the Special Municipal Election this evening, the 88-125 day timeline to hold the recall election will be between Saturday, January 7, 2023 and Monday, February 13, 2023.
The - •. election dates • • be as follows:
• January 1 2023 — Notpractically availablebelow
• January 17, 2023 — Not legally available - falls on a day after a State holiday — MLK Day Pq
RECEIVE r FILE CERTIFICATE OF OF •PETITION
ELECTIONSEEKING REMOVAL OF COUNCIL MEMBER CATHERINE ALVAREZ AND DISCUSS
SETTING THE SPECIAL MUNICIPAL DATE THE RECALL
FOR
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PAGE 2
The Los Angeles• -• of •ters has indicated that January 10, 2023 will ran -
operationally •• ,• - date to conduct the election • the City. Underthe recently -en -• Voters C• ballot voting in an election commencesearly as tendays prior to Election facilities during the holiday season to commence operations by New Year's Day.
If the Council chooses to continue this item to the October 25, 2022 Regular Meeting, the 88-125 day timeline to hold the recall election will be between Sunday, January 21, 2023 and Monday, February 27, 2023. The available Tuesday election dates would be as follows:
January 24, Day. A January 10 election date would require the County to set up voting centers and other January 31, 2023
February 7, 2023
CountyFebruary 14, 2023 — County is requesting that this date not be selected (see below) February 21, 2023 — Not legally available falls on a day after a State holiday — President's Day The Registrar of • -rs further recommends n• - • February ♦ - to
staffing and operational challenges at the County Registrar of Voters with the influx of civil marriages the County must perform on that day (Valentine's Day). The County did not indicate that this date was "impossible", but there may be extra costs to the City if added County staff are needed to process the election while also processing marriage licenses.
After the City Council receives and files the certificate of sufficiency of the recall petition it is recommended that • l discuss and select one o- following twooptions:
2. Discuss and select an appropriate Special Municipal Election date for the recall and adopt the following two • •
ADOPT RESOLUTION O, 22- 1 A RESOLUTIONOF • OF
THE CITY OF DOWNEY CALLING FOR• • OF
ELECTIONON 1 •R THE SUBMISSION OF
QUESTION OF RECALL OF OFFICERS;
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ONO, me
• • i • . i, •
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0 RECEIVE AND FILE CERTIFICATE OF SUFFICIENCY OF LOCAL RECALL PETITION
SEEKING REMOVAL OF COUNCIL MEMBER CATHERINE ALVAREZ AND DISCUSS
SETTING THE SPECIAL MUNICIPAL ELECTION DATE FOR THE RECALL OCTOBER 11, 2022
PAGE 2
TUESDAY, 2023 FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF CERTAIN OFFICERS.
FISCAL IMPACT
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AWT4 MareawN I I
ATTACHMENTS
Attachment A: Certificate of Sufficiency
Attachment B: Letter of Findings from L.A. County — Signature Verification Attachment C: Resolution Calling for the Holding of a Special Municipal Election for the Submission of the Question of the Recall of Certain Officers Attachment D: Resolution Requesting the Board of Supervisors of the County of Los Angeles Render Full Services to the City Relating to the Conduct of a Special Municipal Election for the Submission of the Question of the Recall of Certain Officers El
CITY OF DOWNEY
CERTIFICATE OF SUFFICIENCY OF LOCAL RECALL PETITION
(Seeking Removal of Councilmember Catherine Alvarez)
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01 That each section contains signatures purporting to be signatures of qualified electors of the City of Downey, California;
That attached to this petition at the bine it was filed, was an affidavit purporting to be the 4ffid�av� Of the PeMM Who solicited the signatures, and containing 1he 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 signaturl upon that section� that all of the�tignatures were made in his or her presence, and that to best of his: or her own information and belief, each signature to that section was the genui signature of the pe�rsoh Who$& name it purports to be;
1 . Total number of signatures filed:
4,700
2. Number of signatures verified:
4,700
3. Total number of signatures needed:
3.,471
4. Number of signatures found sufficient:
3,881
5. Number of signatures found not sufficient:
819
Based on the above, the petition is deemed to be sufficient.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of thit City of Downey this 27 th day of September, 2022.
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ATTACHMENT A
DEAN C. LOGAN
Registrar-Recarder/Counly Clerk
City of Downey
11111 Brookshire Avenue
Downey, California 90241
We have completed the signature verification submitted dh September 1, 2022, for the Recall and Removal of Catherine Alvarez Petition, Howing Ibe Office of Downey City Council Member, District 3, in the City of Downey� California petition forms.
The results of the signature verification are as follows:
Number of signatures filed
4,700
Number of signatures verified
4,700
Number of signatures found sufficient
3,881
Number of signatures found not sufficient
819
Not sufficient because duplicate
221
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V-Jwt-m� ine signature vermoation of thiis - -
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ATTACHMENT B
RESOLUTION NO. 22-
FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDA 2023 FOR THE SUBMISSION OF THE QUESTION OF T HI
WE —CALL OF —CE'RTAIN OFFICERS
WHEREAS, under the provisions of the law relating to charter cities in the State of California, a recall petition was timely filed demanding the recall of City Council Member Catheribe Alvarez, representing Council District 3; and WHEREAS, the petition was signed by more than twenty (20) percent of the registered voters of Council District 3 in the City of Downey
WHEREAS, the City of Downey is a California charter city exercising Constitutional "home rule" powers over local elections and, therefore, has the legal authority to set different rules for its local elections than as provided in State law; and
WHEREAS, under the State law statutory scheme (California Elections Code Sections 11320 & 11322), recall elections typically put two questions to the voters at the same special election: (i) shall the officer be recalled from office and, (ii) if so, who shall replace the officer?; and
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N LOA a I a ILTITI I I L41
11AEREAS, therefore the City of Downey, exercising its Charter authority, has provided that the question of recalling a Councilmember shall appear on one special election and, if the officer is recalled at that election, a subsequent election shall be held to elect the officer's replacement; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed recall to the voters of Council District 3 in the City; SECTION !. That pursuant to the requirements of the laws of the State of California relating tb charterbities, there is called arid ordered to be held in the Council District 3 in the City of Downey, Los Angeles County, California, on Tuesday, , 2023, a Special Municipo Election for the purpose of submitting the question of the recall of City Councilmember Catherine Alvarez.
SECTION 2. That on the ballots to be used at the election, in addition to any othei matters required by law, there shall be printed substantially the following:
Shall Catherine Alvarez be recalled (removed) from the office of YES City Councilmember, Council District 3 of the City of Downey T� __- NO
ATTACHMENT C
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Sgqno 1 Pursuant to California Elections Code §11327, Councilmember Alvarez may 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 Los Angeles 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 off
as those utilized by the County of Los Angeles.
SEgTION 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.
SggMNS. That notice of the time and place of holding the election is given and th(; Cib�, Clerk is #Wz4w�'Vw
in time, form and manner as required by law.
SECTI[ON 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 1111,101 ;'F jjj�' ��1171111 i 11i"I
BLANCA PACHECO, Mayor
MARIA ALICIA DUARTE, CMC
City Clerk I
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 11 th day of October, 2022 by the following vote, to wit:
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MARIA ALICIA DUARTE, CMC
City Clerk
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO RENDER FULL SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, _, 2023 FOR THE SUBMISSION OF THE QUESTION OF
THE RECALL OF CERTAIN OFFICERS
WHEREAS, by adoption of Resolution No. on , 2022, the City Council has called and given notice of a Special Municipal Election to be held on Tuesday, , 2023 in Electoral District 3 of the City of Downey, County of Los Angeles, for the purpose of submitting the question of the recall of Councilmember Catherine Alvarez; and WHEREAS, by adoption of this Resolution, the City Council desires that the Los Angeles County Registrar-Recorder/County Clerk 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 Downey.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DOES HEREBY RESOLVE, FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of Los Angeles County to permit the Los Angeles County Registrar-Recorder/County Clerk to render full election services to the City of Downey. The full election services which the City of Downey requests the Los Angeles County Registrar-Recorder/County Clerk, 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 preparation, printing, mailing and furnishing of vote -by -mail ballots and other necessary supplies or materials to conduct the all mail ballot 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 Downey; 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 Los Angeles County Registrar- Recorder/County Clerk each a certified copy of this Resolution.
APPROVED AND ADOPTED this 11t" day of October, 2022.
BLANCA PACHECO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
RESOLUTION NO. 22-
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I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 11th day of October, 2022 by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
MARIA ALICIA DUARTE, CIVIC
City Clerk