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Resolution Number 02-07-02-03RESOLUTION NO. 02-07-02-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL ELECTION FOR THE SUBMISSION OF AN ADVISORY QUESTION TO THE VOTERS WHEREAS, on August 29, 2001 the City Council of the City of San Juan Capistrano adopted Resolution No. 01-8-29-1 calling and giving notice of the holding of a Special Municipal Election to be held on November 5, 2002 for the election of a Council Member to fill the vacancy as required by the provisions of laws of the State of California relating to general law cities; and WHEREAS, on June 18, 2002 the City Council of the City of San Juan Capistrano adopted Resolution No. 02-06-18-01 calling and giving notice of holding a General Municipal Election on Tuesday, November 5, 2002 for the election of certain officers as required by the provisions of the laws of the State of California relating to general law cities; and WHEREAS, the City Council also desires to submit to the voters at the election an advisory question pursuant to Election Code section 9603. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General and Special Municipal Elections the following advisory question: "ADVISORY VOTE ONLY" Should the San Juan Capistrano Community Redevelopment Agency sell 13.22 acres of YES undeveloped real property, commonly referred to as the "Lower Rosan property" located north of Stonehill Drive between the railroad tracks and San Juan Creek, to the Home Depot Corporation NO for 9 million dollars? SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, 07-02-02 equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. 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 8. That 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 ON the 2nd day of July 2002 ATTEST: R. MONAHAN, CITY CLERK 07-02-02 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 02-07-02-03 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 2nd day of July 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: %Z. Hart, Gelff and Mayor Bathgate Campbell and Swerdlin None R. MONAHAN, City Clerk 07-02-02