Resolution Number 78-3-14-1191
RESOLUTION NO. 78-3-14-1
RESULTS OF ELECTION, MARCH 7, 1978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN SAID CITY OF SAN JUAN CAPISTRANO
' ON THE 7TH DAY OF MARCH, 1978, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE
PROVIDED BY LAW
WHEREAS, a regular general municipal election was held
and conducted in the City of San Juan Capistrano, County of
Orange, State of California, on Tuesday, the 7th day of March,
1978, as required by law; and,
WHEREAS, notice of said election was duly and regularly
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 said election was held and
conducted and the votes cast thereat, 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 cities; and,
WHEREAS, pursuant to Resolution No. 77-12-7-8 adopted
the 7th day of December, 1977, the City Clerk of the City of San
Juan Capistrano canvassed the returns of said election and has
certified the results to this City Council, said 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 AS FOLLOWS:
SECTION 1. That there were eighteen (18) voting
precincts established for the purpose of holding said election
consisting of one (1) consolidation of the regular election
precincts in the City of San Juan Capistrano, as established for
the holding of state and county elections.
SECTION 2. That said regular general municipal
election was held for the purpose of electing the following
officers of said City as required by the laws relating to cities
in the State of California, to wit:
Three (3) Members of the City Council of said City for
the full term of four (4) years.
SECTION 3. That at said regular general municipal
election, the following measures were submitted to the electors
of said City, to wit:
"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
-1-
192
"PROPOSITION B
SHALL THE ORDINANCE
REPEALING GENERAL PLAN YES
AMENDMENT 77-1
(AGRICULTURAL
PRESERVATION) BE
ADOPTED?" NO
SECTION 4. That the whole number of votes cast in said
City (except absent voter ballots) was 4,515.
That the whole number of absent voter ballots cast in
said City was 85, making a total of 4,600 votes cast in said
City.
SECTION 5. That the names of persons voted for at said
election for Member of the City Council of said City are as
follows:
1.
Al R. Arps
2.
Susan J.
Cummings
3.
Erwin E.
Drake
4.
Gary L.
Hausdorfer
5.
Jimmy D.
Larsen
6.
Phillip
R. Schwartze
7.
John B.
Sweeney
8.
James F.
"Jim" Thorpe
9.
Charles
H. Ward
10.
Marilyn
C. Williams
That the measures voted upon at said election were as
follows:
"PROPOSITION A
"AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DIVIDING SAID
CITY INTO SEVEN (7) COUNCILMANIC 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
-2-
193
"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.
ATTEST:
(Seal)
"APPROVED AND ADOPTED this
1977.
Mayor of the C
day of
of San Juan Capistrano
Clerk of the City of San Juan Capistrano"
--------------
"PROPOSITION B
"AN ORDINANCE REPEALING RESOLUTION NO.
77-4-6-1 GENERAL PLAN AMENDMENT 77-1
(AGRICULTURAL PRESERVATION)
"The people of the City of San Juan Capistrano do
ordain as follows:
-3-
194
"Section 1. The people of the City of San Juan
Capistrano hereby find and determine that the City Council
has ignored the desires of the voters of the City by enacting
Resolution No. 77-4-6-1 which adopted General Plan Amendment
77-1 (Agricultural Preservation) after said voters had
rejected agricultural preservation by a two to one margin
at the general election held in March, 1976.
"Section 2. RESOLUTION NO. 77-4-6-1 entitled:
'A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, ADOPTING
GENERAL PLAN AMENDMENT 77-1 (AGRICULTURAL
PRESERVATION) which was adopted by the
City Council on April 6, 1977, is hereby
repealed.' "
That the number of votes given at each precinct and the
number of votes given in the City to each of such persons above
named for the respective offices for which said persons were
candidates, and for and against the measures, were as listed in
Exhibit "A" attached.
that:
SECTION 6. The City Council does declare and determine
Gary L. Hausdorfer
was elected as Member of the City Council of said City
for the full term of four (4) years;
Phillip R. Schwartze
was elected as Member
for the full term of
James F. "Jim" Thorpe
was elected as Member
for the full term of
of the City Council of said City
four (4) years;
of the City Council of said City
four (4) years.
That as a result of said election, a majority of the
qualified voters voting on said measures relating to Dividing the
City into Seven (7) Districts for Election of Members of the
City Council by District and Repeal of Resolution No. 77-4-6-1
General Plan Amendment 77-1 (Agricultural Preservation) did not
vote in favor thereof, and that said propositions were not carried,
and shall not be deemed adopted and ratified.
SECTION 7. The City Clerk shall enter on the records of
the City Council of said City, a statement of the result of said
election, showing:
1. The whole number of votes 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 number of votes given in the City to each
person, and for and against each measure.
Q=
195
SECTION 8. That the City Clerk shall immediately make
and deliver to each of such persons so elected a Certificate of
Election signed by the City Clerk and duly authenticated; that
the City Clerk shall also administer to each person elected, the
Oath of Office prescribed in the State Constitution of the State
of California and shall have them subscribe thereto and file the
same in the office of the City Clerk. Whereupon, each and all of
said persons so elected shall be inducted into the respective
office to which they have been elected.
SECTION 9. 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.
PASSED, APPROVED AND ADOPTED this 14th day of
March , 1978, by the following vote, to wit:
AYES: Councilmen Sweeney, Friess, Nash
and Mayor Heckscher
NOES: None
ABSENT: Coun,
ATTEST:
CITY CrATE F 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. 78-3-14-1 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 14th day of
March 1978.
(SEAL)
MARY ANN. ANOVER, CITY CLERK
-5-
196
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 16th day of March , 1978,
she caused to be posted:
RESOLUTION NO. 78-3-14-1
being: RESULTS OF ELECTION, MARCH 7, 1978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACT OF THE GENERAL MUNICIPAL ELECTION
HELD IN SAID CITY OF SAN JUAN CAPISTRANO
ON THE 7TH DAY OF MARCH, 1978, DECLARING THE
RESULT THEREOF AND SUCH OTHER MATTERS AS ARE
PROVIDED BY LAW
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.
MARY ANN'H NOVER, City Clerk
San Juo Capistrano, California
Q -C
n
19"7
CITY CLERK'S CERTIFICATE OF CANVASS
I, MARY ANN HANOVER, City Clerk of the City of San
Juan Capistrano, County of Orange, State of California, duly
authorized by Resolution No. 77-12-7-8, adopted by the City
Council of said City on the 7th day of December, 1977, DO
HEREBY CERTIFY that I have canvassed the returns of the
regular general municipal election held in said City on the
7th day of March, 1978, and find that the number of votes
given at each precinct and the number of votes given in the
City to persons voted for, the respective offices for which
said persons were candidates, and for and against the measures,
were as follows:
(See Exhibit "A", Page 2)
Dated this 9th day of March, 1978
(SEAL)
MARY ANN ANOVER, City Clerk
City of San Juan Capistrano
EXHIBIT "A" Page 1
19s
<ro
A
ay
nb
o9
�MF
••ii
On
tl
(]
�O
•p Cp
Aab
r
n
4
W
4
b
n
a
m
M?N1
oO
m�o
.•
m
8
a
S
..
�'1
m
m mUA
nm
-
NHM
r
m
,0
10
O O
m
ry
D
O
y
nm
mN
YGti
W Y
tl
ry
m
`-
r
r
n
A
h
wM
o
�5
mmo
ao
a c 0 o
w mo
0
OM
A
MA
n
I
Y
y
m
A
m
S
O
r
A A
A
a
M
a
2
K
x
<
A
N
N
m
m
S
H
m
m
MK
y
H
N
M
b
A
A
m
M
O
r
U
i
N
CO
N
tD
N
O
O
N
Y
N
O
Y
Y
N
Y
V
�P
N
O
W
N
A
t0
N
N
O
m
Y
J.
N
A
U
W
Y
W
W
OI
Y
T
A
Y
N
Y
N
N
Y
W
Y
N
Y
N
N
Y N
T
O
tp
W
Y
Y
Y
Y
Y I
Y
Y W
Y
U
Of
Of
U
N
Y
iP
W
Y
W
Y
W
�'
Y
W
tp
V
O
Y
A
A
41
Y
O
O
U
N
W
W
�P
Y
O
tD
O I
N
O
W
QI
Y
Y
N
W
Y
Y
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
Y
N t
O]
V
0]
O
U
O
Y
fO
O
W
Y
Y
V
V
N
N
W
N
ya
N
N
A
I.i
61
�P
N
Y
Y
Y
Y
Y
Y
Y
N U
U
Y
V
O
U
N
W
J
J
N
U
Ja
U
W
W
i.
N
U
N
W
N
F+
Y
Y
1'•
N m
�
(
O
N
Y
A
N
O
A
Y
O
O
m
V
N
eta
�P
W
W
O
Y
ID
�P
C
yIp
W
N
iP
ID
V
N
Y
O
N
Y
U
N
O
N
Y
W
Y
N
Y
W
DD
W
Y
W
Y
N V
G
N
W
t0
O
W
1P
is
T
Y
W
T
tO
V
Y
�i
W
V
N
N
10
W
W
C
W
W
Y
Y
tD
J
U
N
U
tD
W
U
N
N
Y
is
U
V
W
U
O
N
Y
J
�P
S
1P
V
N
Y
Y
Y
Y
N
Y
Y
Y
a W Ip
Y
.P
Ox
tO
[p
N
V
Y
O
N
1G
Y
W
tD
N
N
W
N
J
J
Y
J
1p
U
m
Qt
i
W
i
V
N
J
W
Y
W
Y
O
O
V
v
U
U
W
N
N
Y
Y
N
Y
Y
Y
Y
N
Y
W
O
V
Y
U
N
Y
Y
Y
Y
Y
Y
Y
W
N
A
IP
N
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
W Y
W
N
O
Y
Y
O
Y
W N
W
N
W
,C
tD
W
0
O
O
U
N
W
tp
U
Ot
J+
Ja
6)
iP
W
Y
W
O
N
N
Y
Y
Y
F+
W Y
U
W
O
W
W
eD
Y
N
iP
U
W
O
.P
U
J
�
Y
W
N
W
J
A
N
U
N
A
Y
t
O
O
N
J
U
W
tD
�P
W
J
N
Oo
W
W
W
W
IO
�P
J
N
O
N
N
Oi
U
Y
W
W
N
Of
Y
�P
iP
Y
S
V
W
t0
W
V
N
N
A
N
Y
U
U
N
10
Y
N
O
N
rP
N
W
N
Y
Y
A
M
U
U
W
N
O
N
A
O
A
W
N
V
IP
J
V
O
O
J
O
c0
N
tO
O
O
U
Co
Y
W
Y
Y
W Y
Y
Y
O
N
OI
N
N
V
t
QI
(q
N
.,1
y
,P
U
N
A
1p
J
tD
U
Y
m
W
Y
Y
G
O
Y
O
W
N
>
U
ID
tD
O
J
O
tp
N
W
Y
Y
YY
0O
Y
N
N
Oo
J
y
U
Y
41
N
N
N
A
N
Y
Y
J
m
nnsr:N1•r:r,
I
I
W
W
W
N
A
N
N
V
N
U
Y
U
U
N
VO'I'6
I
I
U
N
J
W
W
y
W
U
V
J
W
W
W
Y
N
U
Ip
Y
.P
N
A
Y
Y
Y
N
N
Y
W
Y
N
Y
N
N
Y
N
J
QI
tG
W
W
W
Y
tD
T
U
W
Y
Y
Ja
W
W
W
U
W
TOTE
QI
O
OI
OI
y
Y
O
A
N
U
p
U
U
O
N
O
O
t0
10
O)
VO�PI:SS CAST
I
I
1
1
1
i