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RES-2024-018RESOLUTION NO.2024-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CALLING, ORDERING, AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN DISTRICT 3 OF THE CITY OF ANAHEIM ON TUESDAY, June 4, 2024 FOR THE SUBMISSION OF THE QUESTION OF THE RECALL OF A CERTAIN OFFICER; AND REQUESTING THAT THE ORANGE COUNTY BOARD OF SUPERVISORS DIRECT THE ORANGE COUNTY REGISTRAR OF VOTERS TO RENDER SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION WHEREAS, under the provisions of the laws relating to charter cities in the State of California, a petition seeking the recall of Council Member Natalie Rubalcava, District 3, was circulated and submitted to the Office of the City Clerk on January 17, 2024, in accordance with California Elections Code §§11220 and 11222, and prior to the deadline of January 19, 2024; and WHEREAS, the Orange County Registrar of Voters provided a Certificate as to the Verification of Signatures on Petition attached as Exhibit "A" verifying that the recall petition contained not less than the required number of signatures to qualify the recall for the ballot (twenty percent (20%) of the voters of District 3 of the City of Anaheim); and WHEREAS, the Certificate as to the Verification of Signatures on Petition was presented to the City Council of the City of Anaheim at the February 27, 2024 Council meeting; and WHEREAS, California Elections Code § 11240 requires the City Council to issue an order stating that an election shall be held to determine whether or not the officer named in the petition shall be recalled within fourteen (14) days after the meeting at which the certificate of sufficiency was received; and WHEREAS, California Elections Code § 11242 requires the election be held not less than 88, nor more than 125 days after the issuance of the order. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Submission of Question. A. Pursuant to the Charter of the City of Anaheim and the California Elections Code, a Special Municipal Election is called and ordered to be held in District 3 (City Council District Map adopted by Ordinance No. 6527 on March 15, 2022) in the City of Anaheim, California, on Tuesday, June 4, 2024, for the purpose of submitting the question of the recall of Council Member Natalie Rubalcava, District 3. B. The question to be submitted to the voters of District 3 of the City of Anaheim shall appear on the ballots in substantially the following form: YES Shall Natalie Rubalcava be recalled (removed) from the Office of Council Member of District 3 of the City of Anaheim? NO C. The vote requirement of the question to pass is a majority (50%+1) of the votes cast. SECTION 2. Election Procedures. A. The ballots to be used at the special municipal election shall be in the form and content as required by law. B. Pursuant to California Elections Code § 11327, the recalled office may file a statement of not more than two hundred words (200) words with the City Clerk, in accordance of California Elections Code § 13307, to be sent to each voter, together with the voter information guide. C. In accordance with Section 10002 of the California Elections Code, the City requests that the County Election Department/Registrar of Voters render full election services to the City of Anaheim as may be requested by the City Clerk, with the County to be reimbursed in full for such services as are performed upon presentation of appropriate invoices. D. The City Clerk is authorized to contract and coordinate with the Orange County Registrar of Voters, in order 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 special municipal election. E. 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 Orange County Registrar of Voters in order to properly and lawfully conduct a special municipal election. F. In all particulars not recited in this Resolution, the special municipal election shall be held and conducted as provided by law for holding municipal elections in the City. 2 G. Notice of the time and place of holding the special municipal election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of such election, in time, form, and manner as required by law. H. All ballots shall be tallied at a central counting place and not at the precincts. The central counting place shall be at a County center as designated by the Orange County Registrar of Voters. I. The Orange County Registrar of Voters is hereby authorized to canvass the returns of the special municipal election. J. The City Clerk of the City of Anaheim shall receive the canvass from the County as it pertains to the special municipal election, and shall timely certify the results to the City Council, as required by law. SECTION 3. Delivery of Resolution to County. The City Clerk shall attest to the adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver certified copies of this Resolution to the Clerk of the Board of Supervisors of Orange County and to the Orange County Registrar of Voters. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th of February, 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: Jd4la�y� MAYOR OF CITY OF ANAHEIM C TY LERK OF THE CITY OF ANAHEIM 3 EXHIBIT A Certificate as to the Verification of Signatures on Petition (attached behind this page) CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION State of California) )ss. County of Orange) I, Bob Page, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the signatures contained on the recall petition submitted to the City of Anaheim, entitled, "Recall Petition — Council Member Natalie Rubalcava (District 3)". I further certify that from said examination I have determined the following facts regarding this document: Number of signatures filed: 91118 Number of signatures required: 5,123 Number of signatures verified: 7,693 Number of signatures found valid: 5,131 Number of signatures found invalid: 2,562 Invalid because of Duplicate: 737 WITNESS my hand and Official Seal this 22nd day of February, 2024. BOB PAGE Registrar of Voters Orange County #I Petition Result Breakdown z ;;; ataile. R�at,alcava- Oistict�3 : A *..� �r , MR Signatures Required 5123 Raw Count 9,118 Sample Size 9,118 Percent of Sigs Percent of Checked Semple Size Sigs Checked 7,693 Sigs Not Checked 1,425 15.6 % Sigs Valid 5,131 66.7 % 56.3 % Sigs Invalid 2,662 33.3 % 28.1 % Duplicated 737 9.6 % 8.1 % Non -duplicate Invalids 1,825 24.0 % 20.0 % tt JF3uaen.R Approved Approved 5,131 66.7 % NotReg Not Registered 727 9.5 % OutOfDist Out of District 228 3.0 % Duplicate Signed more than once 737 9.6 % Withdrawn Withdrawn 13 0.2 % RegLate Registered Late 18 0.2 % RegDiffAdd Registered at a Different Address 164 2.1 % Declncmp Declaration Incomplete 55 0.7 % NoResAdd No Residence Address Given 125 1.6 % NoSig No Signature 8 0.1 % SigNoMatch Signatures Don't Match 484 6.3 % WrongCnty Filed In Wrong County 3 0.0 % _ r, . ..x•- - .•- �• ..ter ...,-.<^. :.; .''__'" '� ., c3 . ,rs "� ...._, � ,�,°4i k'�. �,y��w�"� �i;�, � �r w:'i.._' ., ';'�". ,Tr' � , �.U.�1��._'�aC �.``JL+fj�ll°✓` Zt � a;�z� CAI �-s 2e �14«- Id(` r ''���',� '�a;`�.t �" ����'����'i�,Y '� ..h ,s�3�a a, � �sz d :i td � i� r�,s���.. *. __�..._.�__,�..�,d:._.._._.�I.�u,�_::'...__��__.?��.a.z�.v�;...,�_-.�F`.�_�v__�L..:.'r��y:.'P.,_�_:.G�...�<. �•rs�..�.....�.?:�"�.,.u..��.� �r,�_�.',tS'���:f�Nti�'..3"�^""z'a;�"�p,�Z+'•`''~xa;.4."� '���� Pages Processed 1389 100.0 % Total Checked 7693 84.4 % 150.2 % Uncorrected Valid 5131 56.3 % 100.2 % Min Required (95%): 4986.9 Duplicate Adjustment 0 Min Required to pass Estimated Valid 5131 56.3 % 100.2 % Based on Sample (110°A): 5635.3 PCMR012 - Petition Result Breakdown Printed: 2/22/2024 1:12:20PM Page 1 of 1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-018 adopted at a regular meeting provided by law, of the Anaheim City Council held on the ZZ day of February, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 281' day of February 2024. CITY ERK OF THE CITY OF ANAHEIM (SEAL)