Resolution Number 77-10-5-27
RESOLUTION NO. 77-10-5-2
SUBMISSION OF ORDINANCE FOR ELECTION
OF COUNCIL MEMBERS BY DISTRICT (PROPOSITION "A")
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING
THE SUBMISSION TO THE QUALIFIED VOTERS OF SAID
CITY AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON MARCH 7, 1978, OF AN
ORDINANCE RELATING TO DIVIDING THE CITY INTO
SEVEN (7) DISTRICTS FOR ELECTION OF MEMBERS OF
THE CITY COUNCIL BY DISTRICT
WHEREAS, pursuant to authority provided by statute, a
petition has been filed with the legislative body of the City of
San Juan Capistrano signed by more than fifteen per cent (158)
of the number of qualified registered voters of the City of
San Juan Capistrano submitting a proposed Ordinance Relating to
Dividing the City into Seven (7) Districts for Election of
Members of the City Council by District; and,
WHEREAS, the City Clerk of the City of San Juan
Capistrano has duly examined and from the records of registration
ascertained that the petition is signed by the requisite number
of voters, and has so certified; and,
WHEREAS, the City Council of the City of San Juan
Capistrano is authorized and directed by statute to submit
the Ordinance to the qualified voters.
NOW, THEREFORE, the City Council of the City of
San Juan Capistrano, California, DOES HEREBY RESOLVE, DECLARE,
DETERMINE AND ORDER as follows:
SECTION 1. That at the general municipal election
to be heldin said City on March 7, 1978, there shall be
submitted to the qualified voters of said City an ordinance
hereinafter set forth Relating to Dividing the City into
Seven (7) Districts for Election of Members of the City Council
by District.
SECTION 2. That the ordinance submitted to the voters
shall be as follows:
"AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, DIVIDING SAID CITY INTO SEVEN (7)
COUNCILMAN DISTRICTS WHEREIN COUNCIL PERSONS SHALL
BE ELECTED BY DISTRICTS INSTEAD OF "AT LARGE" AND
SETTING FORTH A METHOD OF TRANSITION FROM A FIVE (5)
TO SEVEN (7) PERSON COUNCIL.
"WHEREAS, a group of registered voters known as the
San Juan Capistrano Concerned Citizens for Responsive Government
has devised a plan to increase the City Council from five (5)
members to seven (7) members by dividing the City into seven (7)
Councilmanic Districts as shown on a map which is on file with
the City Clerk; and
"WHEREAS, it is proposed
shall be elected by districts, in
Districts; and
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that members of the City Council
each of the seven Councilmanic
lei
"WHEREAS, a system of transition
seven (7) members of the City Council has
in file with the City Clerk providing for
office; and
from five (5) to
been proposed and is
alternating terms of
"WHEREAS, members of the City Council so elected by
districts will be more representative of, more accountable to
and therefore more responsive to their respective constituencies;
and
"WHEREAS, it is in the best interests of the City of
San Juan Capistrano that it change from its present form of
government to seven (7) members of the City Council elected by —
districts.
"NOW THEREFORE, the People of the City of San Juan
Capistrano, California, DO ORDAIN as follows:
"SECTION 1. That the members of the City Council of
the City of San Juan Capistrano be and they are hereby changed
from five (5) members to seven (7) members.
"SECTION 2. That the City of San Juan Capistrano be
and it is hereby divided into seven (7) Councilmatic Districts
all as more particularly set forth in a map thereof on file
with the City Clerk.
"SECTION 3. That the members of the City Council shall
be elected by districts in each of the seven (7) Councilmatic
Districts established by this Ordinance.
"SECTION 4. That each member of the City Council
re-elected shall be elected until the second succeeding general
municipal election held in the city and until their successors
are elected and qualified, the two (2) receiving the lowest
number of votes shall hold office until the first succeeding
general municipal election held in the city and until their
successors are elected and qualified and the remainder receiving
the highest number of votes shall hold office until the second
succeeding general municipal election held in the city and until
their successors are elected and qualified. If two or more members
of the City Council are elected by the same number of votes, the
terms of each shall be determined by lot, provided however, that
no member of the City Council shall have his four year term
reduced because of the provisions of this Section.
"SECTION 5. The City Clerk shall certify to the
adoption of this ordinance at an election duly held on this date
pursuant to Section 4019 of the Elections Code of the State of
California, and shall cause this ordinance to be published in
accordance with law.
"SECTION 6. This ordinance relates to an election and
shall take effect upon its adoption.
1977.
ATTEST:
(Seal)
"APPROVED AND ADOPTED this day of ,
Mayor of the City of San Juan Capistrano
Clerk of the City of San Juan Capistrano"
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SECTION 3. That the polls for said election shall be
opened at seven o'clock A.M. of the day of said election and
shall remain open continuously from said time until seven o'clock
P.M. of the same day, when said polls shall be closed, except
as provided in Section 14301 of the Elections Code of the State
of California.
SECTION 4. That on the ballots to be used at said
special election, in addition to any other matters required by
law, there shall be printed substantially the following:
(PROPOSITION "A")
SHALL THE ORDINANCE
DIVIDING THE CITY INTO YES
SEVEN (7) DISTRICTS
FOR ELECTION OF MEMBERS
OF THE CITY COUNCIL BY
DISTRICT BE ADOPTED? NO
SECTION 5. That a cross (+) placed in the voting square
after the word "YES" in the manner hereinbefore provided shall be
counted in favor of the adoption of the ordinance. A cross (+)
placed in the voting square after the word "NO" in the manner
hereinbefore provided shall be counted against the adoption of the
ordinance.
SECTION 6. That notice of the time and place of
holding said election is hereby given and the City Clerk is hereby
authorized, instructed and directed to give such further or
additional notice of said 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, shall enter the same in
the book of original Resolutions of said City, and shall make a
minute of the passage and adoption thereof in the records of the
proceedings of the City Council of said City in the minutes
of the meeting at which the same is passed and adopted.
SECTION S. That this Resolution shall take effect
immediately.
PASSED, APPROVED AND ADOPTED this 5th day of
October , 1977, by the following vote, to-wit -
AYES:
wit:
AYES: Councilmen Sweeney, Friess, Nash,
and Mayor Heckscher
NOES: None
ABSENT: Councilman McDowell
V O. HECKSCH R, MAYOR
ATTEST:
1
BY / Z Zi��+IIEPUTY
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, 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. 77-10-5-2 , adopted by
the City Council of the City of San JuanCapistrano, California,
at a regular meeting thereof held on the 5th day of
October , 1977.
(SEAL) BYO-V1�AZ4 ��`- DEPUTY
MARY ANN NO R, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
MARY ANN HANOVER, being first duly sworn, deposes
and says:
That she is the duly appointed and qualified City
Clerk of the City of San Juan Capistrano;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. 76-12-15-10 and on the llth day of October, 1977,
she caused to be posted:
RESOLUTION NO. 77-10-5-2
being: SUBMISSION OF ORDINANCE FOR ELECTION
OF COUNCIL MEMBERS BY DISTRICT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ORDERING
THE SUBMISSION TO THE QUALIFIED VOTERS OF SAID
CITY AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD IN SAID CITY ON MARCH 7, 1978, OF AN
ORDINANCE RELATING TO DIVIDING THE CITY INTO
SEVEN (7) DISTRICTS FOR ELECTION OF MEMBERS OF
THE CITY COUNCIL BY DISTRICT
in three (3) public places in the City of San Juan Capistrano,
to wit:
The Administration Building;
The Post Office;
The Orange
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CHECK LIST
County Public Library.
ORD. NO........... RES. NO......_....
...... ....✓.. Mayor has signed
)Clerk has signed
........tom City Seal stamped
........All blanks typed in
..Absent"..C.v.1.G.p.Q.l:S�l.l....----.__....._....
.Noes...... ...................... -------- ------ --------------
Typed in Official Record Book
........ Posted to Classified C rds
.i.... + 3.......�.r lid..........
-..... .Copies sent to.�'o.`.:......-.a) - - - ..
-........... Legal Publication ordered to be published -4-
(date).--------------- .............._.......---------..._........
No. Affidavits
No. Printed copies required .__6..._........._...
Remarks -- .�---r..._`.'.1-''.'..Z----
MARY ANN HANOVER,
San Juan Capistrano, Cal fornia