Resolution Number 02-12-03-01RESOLUTION NO. 02-12-03-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2002 DECLARING
THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
WHEREAS, General Municipal Election was held and conducted in the City of
San Juan Capistrano, California, on Tuesday, November 5, 2002 as required by law;
and
WHEREAS, notice of the election was given in time, form and manner as
provided by law; that voting precincts were properly established; that election officers
were appointed and that in all respects the election was held and conducted and the
votes were cast, received and canvassed and the returns made and declared in time,
form and manner as required by the provisions of the Elections Code of the State of
California for the holding of elections in general law cities; and
WHEREAS, pursuant to Resolution No. 02-06-18-02 adopted June 18, 2002, the
County Election Department canvassed the returns of the election and has certified the
results to this City Council, the results are received, attached and made a part hereof as
"Exhibit A".
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby resolve, declare, determine and order as follows:
SECTION 1. That the whole number of ballots cast in the precincts except
absent voter ballots and provisional ballots was 7,606. That the whole number of
absent voter ballots cast in the City was 3,199, making a total of 10,805 ballots cast in
the City.
SECTION 2. That the names of persons voted for at the election for Member of
the City Council for a four-year term are as follows:
Wyatt Hart
Michael Eggers
Diane Bathgate
Richard Hill Adams
Jack Campbell
David M. Swerdlin
Derek Reeve
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That the names of the persons voted for at the election for Member of the City
Council of a two-year term are as follows:
Mark Nielsen
Phillip R. Schwartze
Joe Soto
SECTION 3. That the number of votes given at each precinct and the number of
votes given in the City to each of the persons above named for the respective offices for
which the persons were candidates and for and against the measures CC and DD were
as listed in Exhibit "A" attached.
SECTION 4. The City Council does declare and determine that:
Wyatt Hart was elected as Member of the City Council for the, full term of four
years;
Diane Bathgate was elected as Member of the City Council for the full term of
four years;
David M. Swerdlin was elected as Member of the City Council for the full term of
four years;
Joe Soto was elected as Member of the City Council for the full term of two
years:
That as a result of the election, a majority of the voters voting on Measure CC,
relating to Whispering Hills Rezone did not vote in favor of it, and that the
measure was not carried, and shall not be deemed adopted and ratified.
That as a result of the election, a majority of the voters voting on Advisory
Measure DD, relating to Home Depot Corporation did not favor it.
SECTION 5. The City Clerk shall enter on the records of the City Council of the
City, a statement of the result of the election, showing: (1) The whole number of ballots
cast in the City; (2) The names of the persons voted for; (3) The measures voted upon;
(4) For what office each person was voted for; (5) The number of votes given at each
precinct to each person, and for and against each measure; (6) The total number of
votes given to each person, and for and against each measure.
SECTION 6. That the City Clerk shall immediately make and deliver to each of
the persons so elected a Certificate of Election signed by the City Clerk and
authenticated; that the City Clerk shall also administer to each person elected the Oath
of Office prescribed in the Constitution of the State of California and shall have them
subscribe to it and file it in the office of the City Clerk. Each and all of the persons so
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elected shall then be inducted into the respective office to which they have been
elected.
SECTION 7. 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 this 3rd day of December 2002.
V , fa til
MAYOR
ATTEST,:
M GARET R. MONAHAN, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1 I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing Resolution No. 02-12-03-01 was duly adopted by the City
Council of the City of San Juan Capistrano at a regular meeting thereof, held the 3rd day of
December 2002, by the following vote:
AYES: COUNCIL MEMBERS: Hart, Campbell, Swerdlin, Gelff and Mayor Bathgate
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
A GARET R. MONAHAN, City Clerk
3 12-30-02
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
I, Rosalyn Lever, Registrar of Voters of Orange County, do hereby certify the
following to be a full, true and correct Statement of the Vote of the election listed
below, consolidated with the General Election held on November 5, 2002.
CITY OF SAN JUAN CAPISTRANO
MEMBER OF THE CITY COUNCIL. FULL TERM
WYATT HART
4,718
DIANE BATHGATE
4,441
DAVID M. SWERDLIN
3,180
MICHAEL EGGERS
3,066
DEREK REEVE
2,967
JACK CAMPBELL
2,359
RICHARD HILL ADAMS
1,987
MEMBER OF THE CITY COUNCIL, SHORT TERM
JOE SOTO 4,580
MARK NIELSEN 3,552
PHIL SCHWARTZE 1,214
MEASURE CC
YES
4,506
NO
5,801
MEASURE DO
YES
3,258
NO
7,285
PRECINCT BALLOTS CAST:
7,606
ABSENTEE BALLOTS CAST:
3,199
TOTAL BALLOTS CAST:
10,805
1 hereby certify that the numbers of votes cast for each candidate/measure is
as set forth above and appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 26th day of November, 2002.
ROSALYN LEVER
Registrar of Voters
Orange County
EXHIBIT "A"