Agenda Item No. 12
CITY COUNCIL STAFF REPORT
TO: Honorable Mayor and City Council DATE: July 22, 2024 FROM: Robert Lomeli, City Attorney
PREPARED BY: Robert Lomeli, City Attorney
Wendi Sims, City Clerk
SUBJECT: Resolution Accepting the Certification of the Elections Official as to the Sufficiency of Signatures on the Petition to Recall Council Member Daniel Rushing, District 2
RECOMMENDATION
Adopt the resolution accepting the certification of the Elections Official as to the sufficiency of signatures on the petition to recall Council Member Daniel Rushing, District 2.
BACKGROUND
On January 8, 2024, a Notice of Intention to Circulate Recall Petition for Council Member Daniel Rushing, District 2, was filed with the Elections Official/City Clerk. The Petition for Recall form was approved for signature circulation on May 29, 2024. According to California Elections Code section 11221(a)(2), the number of signatures required to qualify a recall petition must be equal to at least 25% of the registered voters in the electoral district. For District 2, with 2,015 registered voters, this requirement amounted to 504 verified signatures.
On June 27, 2024, the Recall Petition was submitted to the City Clerk, who conducted a prima facie review and subsequently verified 521 of the signatures submitted (111 signatures were invalid), confirming that the petition met the required threshold. The Elections Official/City Clerk provided a “Certificate of Sufficiency of Petition,” which is attached hereto as Attachment 2.
In compliance with California Elections Code section 11227, the Certificate of Sufficiency is being presented to the City Council at its first regular meeting since completion of the examination of the petition. Acceptance of this certificate by the City Council is required under the California Elections Code.
FISCAL IMPACT
There is no fiscal impact with the recommended action.
ALTERNATIVES
N/A
PUBLIC NOTIFICATION
The agenda was posted in accordance with the Brown Act.
Staff Report: Certification of Sufficiency of Signatures on Recall Petition Page 2 July 22, 2024
Attachments
1. Resolution No. 24-__ Accepting the Certification of the Elections Official Exhibit A - Certificate of Sufficiency of Petition
RESOLUTION NO. 24-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GROVER BEACH,
CALIFORNIA ACCEPTING THE CERTIFICATION OF THE ELECTIONS
OFFICIAL AS TO THE SUFFICIENCY OF SIGNATURES ON THE PETITION TO RECALL COUNCIL MEMBER DANIEL RUSHING, DISTRICT 2
WHEREAS, on January 8, 2024, a Notice of Intention to Circulate Recall Petition for Council Member Daniel Rushing, District 2, was filed with the Elections Official/City Clerk; and WHEREAS, on May 29, 2024, the Petition for Recall form was determined to meet the statutory requirements and, therefore, was approved for signature circulation; and WHEREAS, pursuant to California Elections Code section 11221(a)(2), the number of signatures required to qualify a recall petition for a recall election must be equal in number to, not less than the following percentage of registered voters in the electoral district: Twenty-five percent (25%) if the registration is less than ten thousand (10,000), but at least one thousand (1,000) voters; and
WHEREAS, according to the current Statement of Registration dated February 20, 2024, by the San Luis Obispo County Registrar of Voters at the time the Petition was approved for signature circulation, District 2 in the City of Grover Beach had 2,015 registered voters, and therefore the number of verified signatures required was five hundred four (504); and WHEREAS, on June 27, 2024, the recall petition was submitted to the City Clerk in accordance with California Elections Code sections 11220 and 11222 and prior to the deadline for submission; and
WHEREAS, after completing the prima facie review of signatures, the City Clerk determined that the recall petition contained the minimum number of signatures and began the signature verification process; and
WHEREAS, the Elections Official/City Clerk provided a “Certificate of Sufficiency of Petition,” attached hereto as Exhibit A; and
WHEREAS, California Elections Code section 11227 requires the certificate as to the sufficiency/verification of signatures to be submitted to the City Council at its next regular City Council meeting following the certification.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Grover Beach hereby finds, determines, and declares the following:
1. The City Council hereby accepts the Certificate of Sufficiency of Petition from the Elections Official/City Clerk regarding the petition to recall Council Member Daniel Rushing, District
2. Attachment 1
On motion by ________, second by ________, and on the following roll-call vote, to wit:
AYES: Council Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
the foregoing Resolution was PASSED, APPROVED, and ADOPTED at a Regular Meeting of the City Council of the City of Grover Beach, California this 22nd day of July 2024. _____________________________
KAREN BRIGHT, MAYOR
Attest:
______________________________
WENDI SIMS, CITY CLERK
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CERTIFICATE OF SUFFICIENCY OF PETITION
I, Wendi Sims, City Clerk of the City of Grover Beach, County of San Luis Obispo, State of California, hereby certify that.
The petition entitled "PETITION FOR LOCAL RECALL" for the recall of Daniel Rushing, Council Member, District 2 was filed with the City Clerks Department on June 27, 2024.
That said petition consists of 9 sections;
That each section contains signatures purporting to be signatures of qualified electors of the City of Grover Beach, California;
That attached to this 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 after the proponents filed this petition, and based on the County of San Luis Obispo Registrar of Voters' Signature Verification Certificate, I have determined the Following Tacts regarding this petition:
1 2
3 4
5 6
Total number of signatures filed by proponent raw count Total number of signatures verified:
Number of signatures found sufficient
Number of total signatures found insufficient
Number of signatures insufficient because of Duplication Total number of signatures required
Based on the above, the petition is deemed to be sufficient. 632
632
521
ffl
7 504
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Grover Beach this 16'h day of July 2024.
Wendi Sims
City of Grover Beach
,Elections Official
15zi South Eiglith Street // Grover Beacli, California 93433 *:* vs*vryiigrorierbeacli.org' Exhibit A