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Resolution Number 77-11-2-539 RESOLUTION NO. 77-11-2-5 1978 MUNICIPAL ELECTION - BALLOT ARGUMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT AGAINST THE ORDINANCE DIVIDING THE CITY INTO SEVEN (7) DISTRICTS FOR ELECTION OF MEMBERS OF THE CITY COUNCIL BY DISTRICT WHEREAS, a regular general municipal election is to be held in the City of San Juan Capistrano, California, on March 7, 1978, at which there will be submitted to the qualified electors of said City the following Initiative Ordinance: "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 that members of the City Council shall be elected by districts, in each of the seven Councilmanic Districts; and "WHEREAS, a system of transition from five (5) to seven (7) members of the City Council has been proposed and is in file with the City Clerk providing for alternating terms of office; and "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. -1- 40 11 "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. "APPROVED AND ADOPTED this day of 1977. Mayor of the City of San Juan Capistrano ATTEST: (Seal) Clerk of the City of San Juan Capistrano" NOW, THEREFORE, the City Council of the City of San Juan Capistrano, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER, as follows: SECTION 1. That this City Council, being the legislative body of the City of San Juan Capistrano, hereby authorizes RICHARD D. MC DOWELL JOHN B. SWEENEY members of said body, to file a written argument against the Initiative Ordinance set forth in the recitals hereof in accordance with Division 4, Chapter 3, Article 1 of the Elections Code of the State of California and to change said argument until -2- and including the date fixed by the City Clerk after which no arguments for or against said Initiative Ordinance may be submitted to her. PASSED, APPROVED AND ADOPTED this 2nd day of November , 1977, by the following vote, to 'wit - AYES: Councilmen Sweeney, McDowell, Friess, Nash, ' and Mayor Heckscher NOES: None ABSENT: None YVON O. CKSCHER, MAYOR ATTEST: CITY 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. 77-11-2-5 , adopted by ' the City Council of the City of San Juan Capi— strano, California, at a regular meeting thereof held on the 2nd day of November , 1977. i ( SEAL) MARY AN ANOVER, CITY CLERK -3- 41 42 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 4th day of November , 1977, she caused to be posted: RESOLUTION NO. 77-11-2-5 being: 1978 MUNICIPAL ELECTION - BALLOT ARGUMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT AGAINST THE ORDINANCE 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 County Public Library. C (, Y ANN HANOVER, Cit C1 San Juan Capistrano, C lifornia CHECK LIST ORD. NO ...... ___ OR RES. NO..._....._ ............. Mayor has signed ............. Clerk has signed ------------- City Seal stamped .............. All blanks typed in «Absent.. .. e'lc)y!-c.:......-- - .............. Typed in Official Record Book .............. Posted to Classifi d Cards ------------- Copies Co ,es sent to... ..:.................. - Legal Publication ordered to be published (date) ........................................................... No. Affidavits ............................. No. Printed copies required Remarks Z Y.- a ,.a,./....a.. --..fa.-----....._ erl�l cue _ ✓<rFGfz.a ...%z..y � a:r, G- .................... �.Cll,.:.................. -4-