Agenda Item No.
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of June 24, 2024
SUBJECT: Accept the 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 San Bernardino County Board of Supervisors to Direct the San Bernardino County Registrar of Voters to Render Services to the City Relating to the Conduct of a Special Municipal Election RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 2024-35, a resolution of the City Council of the City of Yucaipa, California, accepting the Certificate of Sufficiency of Petition to Recall Yucaipa City Councilmember Matt Garner, District 1; and
2. Adopt Resolution No. 2024-36, a resolution of the City Council of the City of Yucaipa, California, calling for the holding of a Special Municipal Election on Tuesday, November 5, 2024, for the submission of the question of the recall of a certain officer and requesting the San Bernardino County Board of Supervisors to consolidate a Special Municipal Election to be held on November 5, 2024, with the Statewide General Election to be held on that date pursuant to California Elections Code § 10403.
BACKGROUND/DISCUSSION:
On January 30, 2024, a Notice of Intention to Circulate Recall Petition for Councilmember Matt Garner, District 1 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 February 26, 2024.
Pursuant to California Elections Code § § 11220 and 11221, the proponents were required to collect no less than 1,850 valid signatures of registered voters in District 1 of the City of Yucaipa [twenty five percent (25%) according to the last report of registration by the county elections official to the Secretary of State] and submit within 90 days of when the petition was approved for circulation.
The proponents timely submitted the petition to the City Clerk on May 28, 2024. The City Clerk conducted a prima facie count of the signatures and, pursuant to California Elections Code § 11224, the San Bernardino County Registrar of Voters (ROV) verified the signatures on the petition. A letter was provided to the City from the ROV on June 17, 2024 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 a certificate as to the sufficiency of the petition to the City Council at its next regular meeting (Exhibit A to Resolution No. 2024-35).
PROPOSED ELECTION DATE
Pursuant to California Elections Code §§11240 -11241, following the receipt of the Certificate of Sufficiency/Verification of Signatures on Petition, the City Council has fourteen days in which 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. However, California Elections Code §§11242(b) allows for an election to be conducted within 180 days after the issuance of the order so that the election may be consolidated with a regularly scheduled election.
On May 13, 2024, the Yucaipa City Council adopted Resolution No. 2024-10, calling for the holding of a general municipal election to be held on Tuesday, November 5, 2024, for the purpose of electing one (1) Member of the City Council for District 3; one (1) Member of the City Council for District 4; and one (1) Member of the City Council for District 5, each for the full term of four (4) years.
With the general municipal election already scheduled for November 5, 2024 and per Elections Code § § 11242(b), the proposed date for the special recall election is November 5, 2024.
THE RECALL BALLOT
The question to be submitted to the voters of District 1 of the City of Yucaipa shall appear on the ballot in substantially the following form:
Shall Matt Garner be recalled (removed) from the
Office of Council Member of District 1 of the City
of Yucaipa?
YES
NO
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 of the votes cast 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. If a majority of the votes cast are "No," the officer is not removed.
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 1 of the City of Yucaipa and other provisions, such as:
• Consideration and selection of a Special Municipal Election date of November 5, 2024 • Requesting the services of the San Bernardino County Registrar of Voters - In accordance with California Elections Code § 10002, 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 San Bernardino 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 officer whose recall is being sought and the cost includes translation and printing. An estimated cost is currently pending from the San Bernardino County Registrar of Voters.
FISCAL IMPACT:
The costs associated with the Special Municipal Election is still pending from the ROV. Staff will return for a budget adjustment once the costs associated with the November 5, 2024 election are known.
Attachments:
1. Resolution No. 2024-35
2. Resolution No. 2024-36
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Approved by:
ATTACHMENT 1
RESOLUTION NO. 2024-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ACCEPTING THE CERTIFICATE OF SUFFICIENCY OF
PETITION TO RECALL YUCAIPA CITY COUNCILMEMBER MATT
GARNER, DISTRICT 1
WHEREAS, on January 30, 2024, a Notice of Intention to Circulate Recall Petition for Councilmember Matt Garner, District 1, was filed with the Office of the City Clerk; and WHEREAS, on February 26, 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 §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 percent of registered voters in the electoral district: Twenty-five percent (25%) if the registration is less than 10,000 but at least 1,000; and WHEREAS, per the San Bernardino County Registrar of Voters' last report of registration to the Secretary of State pursuant to California Elections Code §11221(b), the number of verified signatures required was 1,850; and
WHEREAS, on May 28, 2024, the recall petition was timely submitted to the Office of the City Clerk in accordance with California Elections Code § § 11220 and 11222; and WHEREAS, on May 29, 2024, after completing the prima facie review of signatures, the City Clerk determined that the recall petition contained more than the minimum number of signatures and therefore submitted it to the San Bernardino County Registrar of Voters for signature verification; and
WHEREAS, California Elections Code § 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, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. That the City Council hereby accepts the Certificate of Sufficiency of Recall Petition for Councilmember Matt Garner, attached hereto as Exhibit A. \\
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Section 2. That the City Clerk shall certify as to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED, and ADOPTED this 24th day of June, 2024.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Exhibit A
Certificate of Sufficiency of Petition to Recall
Yucaipa City Councilmember Matt Garner, District 1
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, County of San Bernardino, State of California, hereby certify that:
The petition to recall Yucaipa City Councilmember Matt Garner, District 1, was timely filed with the Office of the City Clerk on May 28, 2024.
Each section of the petition contains signatures purporting to be signatures of qualified electors in District 1 of the City of Yucaipa, California.
Affidavits purporting to be signed by the persons who solicited signatures on the petition and containing the dates between which the purported qualified electors signed the petition were attached to the petition.
The affiants stated their qualifications, that they solicited the signatures upon that section of the petition, that all of the signatures were made in their presence, and that to the best of their information and belief, each signature to that section was the genuine signature of the person whose name it purports to be.
After the proponents filed the petition, and based on the San Bernardino County Registrar of Voters' signature verification, I have determined the following facts regarding the petition:
Total number of signatures required by law:
Total number of signatures on the petition:
Total number of valid signatures:
Number of signatures found insufficient:
Number of signatures insufficient because of duplication:
1,850
2,242
2,106
136
27 Based on the foregoing, the petition to recall Yucaipa City Councilmember Matt Garner, District 1, is determined to be sufficient.
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Yucaipa, California this 17th day of June, 2024.
Ana V. Sauseda, MMC
City Clerk - Elections Official
City of Yucaipa 134272 Yucaipa Blvd, Yucaipa, CA 92399 909-797-2489
ATTACHMENT 2
RESOLUTION NO. 2024-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024, FOR THE
SUBMISSION OF THE QUESTION OF THE RECALL OF A CERTAIN
OFFICER AND REQUESTING THE SAN BERNARDINO COUNTY
BOARD OF SUPERVISORSTO CONSOLIDATE A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO CALIFORNIA ELECTIONS CODE § 10403
WHEREAS, under the provisions of law relating to cities in the State of California, a petition was filed demanding the recall of Matt Garner, Councilmember, District 1; and WHEREAS, the petition was signed by more than twenty-five percent of the registered voters in District 1 of the City of Yucaipa; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed recall to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1.
That pursuant to the requirements of law of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Yucaipa, California, on Tuesday, November 5, 2024, a Special Municipal Election for the purpose of submitting the question of the recall of Matt Garner, Councilmember District 1, to the voters.
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:
Shall Matt Garner be recalled (removed) from the
office of Councilmember of District 1 of the City of
Yucaipa?
YES
NO
Section 3. The ballots to be used at the election shall be in the form and content as required by law.
Section 4.
Pursuant to California Elections Code § 10403, the City Council hereby requests the San Bernardino County Board of Supervisors and San Bernardino County Registrar of Voters to consolidate the recall election with the general election to be held on November 5, 2024.
Section 5.
Section 6.
Section 7.
The City Clerk is hereby directed to file this Resolution with the San Bernardino County Board of Supervisors and San Bernardino County Registrar of Voters on or before the deadline set by the San Bernardino County Registrar of Voters for inclusion on the November 5, 2024 ballot.
The City Clerk is authorized, instructed, and directed to coordinate with the San Bernardino County Registrar of Voters 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.
The polls (vote centers) for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until eight o'clock p.m. on the same day, at which time the polls shall be closed pursuant to California Elections Code § 10242, except as provided in California Elections Code § § 14212 and 14401.
Section 8. That in all the particulars not recited in this resolution, the election shall be held and conducted as provided by law for the holding of municipal elections.
Section 9.
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 10. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
Section 11. 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 this 24th day of June, 2024.
Justin Beaver, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk