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HomeMy WebLinkAboutResolution No. 23-8147 - Calling a Special Municipal Election to be held 11-07-23 to Fill Vacancy in Council District 3A 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 COUNCIL DISTRICT 3 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 Council Member representing District 3 on the Downey City Council was created by the recall of Council Member Catherine Alvarez on February 14, 2023; and WHEREAS, the term of office in which the vacancy occurs ends in November 2024; and WHEREAS, pursuant to 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"; 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 Council District 3, 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 Council District 3 and shall be voted upon only by qualified and registered voters residing in Council District 3; 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 Council District 3 as they were established by Ordinance No. 1114, adopted on January 22, 2002, and not the new boundaries of Council District 3 established by Ordinance No. 22-1480, adopted on April 12, 2022. •W-7TaEffe �1' �w �6• • lmI4:4;l:ffiV •IVA A 61411 4WIIINgs 9 H I BMW I Blue] :4 MAI I:'. ffilffiffilt$IM!� 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 Council District 3 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 Council Member for the term of office in which the vacancy was created by the recall of Council Member Catherine Alvarez 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. Section 3. That the City Clerk is hereby authorized, instructed and directed to procure and furnish, or cause to be procured and furnished from the Los Angeles County Registrar-Recorder/County Clerk, any and all official ballots, notices, printed matter and all 1=0111111*1111 I Z-VIA1 =WM supplies, equipment and paraphernalia that may be necessary in order to property and lawfully conduct the election. Section 4. That pursuant to the Downey Municipal Code, only persons legally qualified and residing in Council District 3 may run as candidates and be elected to fill this Council vacancy, and only duly qualified and registered voters residing in Council District 3 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. APPROVED AND ADOPTED this 14 th day of February, 2023. cLAuDfKU. KRbMETV, Mayd'r 1, ffiaria 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 14 th day of February, 2023, by the following vote: AYES: Council Members-, Horn, Sosa, Trujillo, Frometa NOES: Council Members: None. ABSENT: Council Members: None. ABSTAIN, Council Members: None.