HomeMy WebLinkAboutResolution No. 22-8126 - Calling a Special Municipal Election to be held 11-07-23 to fill Vacancy in Council District 1IZI=611014119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD IN CITY ELECTORAL DISTRICT I ON TUESDAY,
NOVEMBER 7, 2023 TO FILL A VACANCY ON THE CITY COUNCIL AS
REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND THE LAWS
OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES
WHEREAS, a vacancy in the office of City Councilmember representing District 1 on ft;
Downey City Council was created by the resignation of Councilmember Blanca Pacheco on
December 4, 2022; and
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WHEREAS, pursuant to City Charter Section 503(a): "If such vacancy occurs one year
or more before the next general municipal election, the City Council shall immediately cause a
special municipal election to be held to elect an eligible successor to serve during the term of
such vacant office"; and
WHEREAS, pursuant to California Government Code Section 36512: "if the council calls
a special election, the special election shall be held on the next regularly established election
date not less than 114 days from the call of the special election";
WHEREAS, pursuant to California Elections Code Section 1000, November 7, 2023 is
the next regularly established election date that is not less than 114 days from the call of the
special election; and
WHEREAS, because this Council seat represents Electoral District 1, pursuant to
Downey Municipal Code Section 2103, the special election to be held on Tuesday, November 7,
2023, for the purpose of filling this vacant seat on the City Council, shall be limited to candidates
legally qualified and residing in Electoral District 1 and shall be voted upon only by qualified and
registered voters residing in Electoral District 1; and
WHEREAS, pursuant to California Elections Code Section 21626(b) and Downey
Municipal Code Section 2103(e), the voters entitled to vote in this special election shall be those
who reside within the boundaries of Electoral District 1 as they were established by Ordinance
No. 1114, adopted on January 22, 2002, and not the new boundaries of Electoral District 1
established by Ordinance No. 22-1480, adopted on April 12, 2022.
Section 1. That pursuant to the requirements of the City Charter and laws of the
State of California relating to charter cities, there is hereby called and ordered to be held in
Electoral District 1 of the City of Downey, California, on Tuesday, November 7, 2023, a Special
Municipal Election to be conducted for the purpose of the election of a Councilmember for the
term of office in which the vacancy was created by the resignation of Councilmember Blanca
Pacheco which ends November, 2024.
Section 2. That the ballots to be used at the election shall be in form and content as
required by law.
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Section 3. That the City Clerk is hereby authorized, instructed and directed tt
procure and furnish, or cause to be procured and furnished from the Los Angeles County
Registrar of Voters/Election Department, any and all official ballots, notices, printed matter and
211 supplies, equipment and paraphernalia that may be necessary in order to properly and
'awfully conduct the election.
Section 4. That pursuant to the Downey Municipal Code, only persons legally
qualified and residing in Electoral District 1 may run as candidates and be elected to fill this
Council vacancy, and only duly quaed and registered voters residing in Electoral District 1
may cast a ballot to elect a candidate to fill this Council vacancy.
Section 5. That 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.
Section 6. That notice of the time and place of the holding of 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 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it in to the book of original resolutions.
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CATHERINE ALVAREZ
Mayor Pro Tern
1, Maria Alicia Duarte, City Clerk of the City Council of the City of Downey, California, do hereby
certify that the whole number of the members Of the City Council is four (4); that the above and
foregoing Resolution was duly and regularly passed and adopted by at least three affirmative
votes of all members at a Special meeting of the City Council of the City of Downey on the 8 th day
of December, 2022, by the following vote:
AYES:
Council Members:
Frometa, Sosa, Trujillo, Alvarez
NOES:
Council Members:
None.
ABSENT:
Council Members:
None.
ABSTAK
Council Members:
None.
�AAL�ICIA D�UART�E,
City Clerk