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Resolution Number 02-07-30-01RESOLUTION NO. 02-07-30-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2002, FOR THE SUBMISSION TO THE QUALIFIED VOTERS AN ORDINANCE WHEREAS, the City Council of the City of San Juan Capistrano, California, on June 18, 2002, adopted Ordinance No.865 providing for Re -Zone 01-09: Whispering Hills 175 DU High School Alternative; approving a re -zone from "GM" to "PC" for Whispering Hills Estates, and WHEREAS, the ordinance was published as required by law; and WHEREAS, pursuant to authority provided by Division 9, Chapter 3, Article 2 (commencing at § 9235) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of San Juan Capistrano signed by more than ten per cent of the registered voters of the city requesting the City Council to repeal Ordinance No. 865 or submit it to a vote of the voters; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Elections Code 9241, there is called and ordered to be held in the City of San Juan Capistrano, California, on Tuesday, November 5, 2002, a Municipal Election for the purpose of submitting the following ordinance: Shall an ordinance providing for the rezoning of 356 acres of "rs real property known as Whispering Hills Estates (located on the west side of La Pata, just north of the Prima Deshecha Landfill) from the Growth Management District ("GM") to No Planned Community District ("PC") for the purpose of allowing a high school and construction of 175 residential units be approved? 07-30-02 SECTION 2. That the text of the ordinance submitted to the voters is attached as Exhibit A. 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, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight 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 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. ATTEST: PASSED, APPROVED AND ADOPTED ON THE 30TH DAY OF JULY 2002. 2 07-30-02 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. 02-07-30-01 was duly adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof, held the 30th day of July 2002, by the following vote: AYES: COUNCIL MEMBERS: Campbell, Swerdlin, and Mayor pro tem Gelff NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBE Hart and Mayor Bathgate MARGA ET -R. MONAHAN, City Clerk - \ 3 07-30-02