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Resolution Number 90-5-1-2247 RESOLUTION NO. 90-5-1-2 RESULTS OF ELECTION, APRIL 10, 1990 (SAVE OPEN SPACE) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON APRIL 10, 1990, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $21,000,000 OF BONDED INDEBTEDNESS (SAVE OPEN SPACE) WHEREAS, a Special Municipal Election was held and conducted in the City of San Juan Capistrano, California, on Tuesday, April 10, 1990, pursuant to Ordinance No. 656 of the City of San Juan Capistrano and as required by law; and, WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and 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. 90-1-2-3 adopted January 2, 1990, the Orange County Registrar of Voters Canvassed the returns of the election and certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." 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 whole number of votes cast in the City except absent voter ballots was 3,914. That the whole number of absent voter ballots cast in the City was 1,105 making a total of 5,019 votes case in the City. SECTION 2. That the measure voted upon at the election (hereinafter the "Save Open Space Measure") was as follows: Shall the City of San Juan Capistrano incur bonded indebtedness in the principal amount of up to $21,000,000 to acquire lands for YES park, agriculture, open space and related uses, in order to save these lands from potential residential and commercial NO development and to develop youth, senior and other community facilities, all in accordance with the City's "Save Open Space" Program? -1- 248 SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measure were as listed in Exhibit "A" attached. SECTION 4. That as a result of the election, more than two-thirds of the voters voting on the measure relating to the Save Open Space Measure did vote in favor of it, and that the initiative was carried, and shall be deemed adopted and ratified. SECTION 5. That, by adoption and ratification of the Save Open Space Measure as a result of the election and pursuant to Section 43614 of the California Government Code, the City of San Juan Capistrano is authorized to issue general obligation bonds of the City of San Juan Capistrano in a principal amount not to exceed $21,000,000 for the purpose of implementing the Save Open Space Measure and the City staff is hereby instructed to pursue the issuance of bonds for such purpose in a timely manner. SECTION 6. 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 votes cast in the City; 2. The measure voted upon; 3. The number of votes given at each precinct for and against the measure; 4. The number of votes given in the City for and against the measure. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and deter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED this 1st day of May .1990. GA L. HA SDORFER, MAYO -- ATTEST: -2- 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, GEORGE SCARBOROUGH, Acting City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 90-5-1-2 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of May , 1990, by the following vote: AYES: Councilmen Friess, Buchheim, Bland and Mayor Hausdorfer NOES: None ABSENT: Councilman Schwartze (SEAL) -3- EXHIBIT "A" CITY CLERK'S CERTIFICATE OF CANVASS I, GEORGE SCARBOROUGH, Acting City Clerk of the City of San Juan Capistrano, County of Orange, State of California, authorized by Resolution No. 90-1-2-3, adopted by the City Council on January 2, 1990, do certify that the Orange County Registrar of Voters has canvassed the returns of the Special Municipal Election held on April 10, 1990, and has found that the number of votes given at each precinct and the number of votes given in the City for and against the measure were as follows: MEASURE D - SAVE OPEN SPACE Precinct No. 49-601 (EI Nido Mobile Estates) 49-602 (Bowman Residence - Capo Villas) 49-603 (San Juan School) 49-604 (Marco Forster Junior High School) 49-605 (Community Presbyterian Church) 49-606 (Village San Juan Clubhouse) 49-607 (Church of the Nazarene) 49-608 (San Juan Mobile Estates Clubhouse) 49-609 (Harold Ambuehl School) 49-610 (Randall Residence - Alto Capistrano) 49-611 Mailed Ballot Precinct (Spotted Bull) ABSENTEE VOTE TOTAL VOTES CAST Dated this 1st day of May, 1990 Total Votes Yes No Cast at Precinct 284 134 418 135 29 164 146 62 208 373 120 494 314 112 430 208 65 273 218 103 321 393 187 582 475 292 770 141 90 231 13 9 23 874 226 1,105 3,574 1,429 5,019