Resolution Number 76-3-9-1RESOLUTION NO. 76-3-9-1
RESULTS OF ELECTION, MARCH 2, 1976
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD
IN SAID CITY OF SAN JUAN CAPISTRANO ON THE 2ND
DAY OF MARCH, 1976, 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 Son Juan Capistrano, County of
Orange, State of California, on Tuesday, the 2nd day of March,
1976, 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. 76-1-7-4 adopted
the 7th day of January, 1976, 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 ten (10) voting precincts
established for the purpose of holding said election consisting
of three (3) consolidations 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:
Two (2) 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 measure was submitted to the electors of
said City, to wit:
"Proposition A
"In order to provide primary financing for
an open space conservation and agricultural perpetua-
tion program, should the City annually levy a property
tax of lOQ per $100 of assessed valuation and a fee on
new construction of $500 per residential unit and
$2000 per acre for commercial, industrial, and insti-
tutional construction? Land shown in the Open Space
and Conservation Element of the General Plan as "Open
Space Areas for Resource Conservation and Production"
shall be eligible for acquisition by the City to
implement the program."
-1-
Yes
No
451
SECTION 4. That at said regular general municipal
election, the following Opinion Questions were submitted to the
electors of said City, to wit:
"Opinion Questions
1. The City should undertake a more VOTE FOR ONE
aggressive open space conservation
and agricultural perpetuation pro-
gram than that described in Propo-
sition A. However, the amount of
property tax allocated to the pro-
gram should not exceed the annual
rate of 20� per $100 of assessed
valuation.
2. The City should implement an open
space conservation and agricul-
tural perpetuation program only
U
to the extent described in
Proposition A.
3. The City should undertake an open
space conservation and agricul-
tural perpetuation program but
should not levy an annual property
tax for that purpose.
4. The City should not implement an
open space conservation and
agricultural perpetuation program
financed by City funds."
SECTION 5. That the whole number of votes
cast in
said City (except absent voter ballots)was 3,793.
That the whole number of absent voter ballots cast in
said City was 54, making a total of 3,847 votes cast
in said
City.
SECTION 6. That the names of persons voted for at
said election for Member of the City Council of said City are
as follows:
1. Edwin F. Clark
2. Louis A. Conter
3. Cecilia M. Herman
4. Gary L. Hausdorfer
5. Robert J. Davies
6. Kenneth E. Friess
7. Richard D. McDowell
S. James K. Weathers
9. Muriel (Minnie) Surles
10, Richard Hamilton (Write-in)
That the measure voted upon at said election is as
follows:
"Proposition A
"In order to provide primary financing for an open space
conservation and agricultural perpetuation program, should the
City annually levy a property tax of 10� per $100 of assessed
valuation and a fee on new construction of $500 per residential
unit and $2000 per acre for commercial, industrial, and insti-
tutional construction? Land shown in the Open Space and
Conservation Element of the General Plan as "Open Space Areas
for Resource Conservation and Production" shall be eligible for
acquisition by the City to implement the program."
-2-
453
That the Opinion Questions voted upon at said election
are as follows:
"Opinion Questions
1. The City should undertake a more aggressive open
space conservation and agricultural perpetuation program than
that described in Proposition A. However, the amount of
property tax allocated to the program should not exceed the
annual rate of 20Q per $100 of assessed valuation.
2. The City should implement an open space conserva-
tion and agricultural perpetuation program only to the extent
described in Proposition A.
3, The City should undertake an open space conserva-
tion and agricultural perpetuation program but should not levy an
annual property tax for that purpose.
4. The City should not implement an open space conser-
vation and agricultural perpetuation program financed by City
funds."
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 measure, and for the Opinion
Questions, were as listed in Exhibit "A" attached.
that:
SECTION 7. The City Council does declare and determine
Kenneth E. Friess
was elected as Member of the City Council of said City
for the full term of four (4) years;
Richard D. McDowell
was elected as Member of the City Council of said City
for the full term of four (4) years;
That as a result of said election, a majority of the
qualified voters voting on said measure relating to open space
conservation and agricultural perpetuation did not vote in favor
thereof, and that said proposition was not carried, and shall
not be deemed adopted and ratified;
That as a result of said election, a majority of the
qualified voters voting on said Opinion Questions voted in favor
of Opinion Question No. 4.
SECTION 8. 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 measure voted upon;
4. The Opinion Questions voted upon;
5. For what office each person was voted for;
6. The number of votes given at each precinct to each
person, and for and against each measure, and for
the Opinion Questions;
7. The number of votes given in the City to each
person, and for and against each measure, and for
the Opinion Questions.
-3-
SECTION 9. That the City Clerk shall immediately make
and, upon compliance by the persons elected with the provisions
of Section 11550 and Section 11559 of the Elections Code of the
State of California, shall deliver to each of such persons so
elected a Certificate of Election signed by her and duly authenti-
cated; that she 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 her office. Whereupon, each and all of said persons so
elected shall be inducted into the respective office to which
they have been elected.
SECTION 10. 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 9th day of March,
1976, by the following vote, to wit:
AYES: Councilmen Byrnes, Heckscher, Nash, Sweeney
and Mayor Weathers
NOES: None
ABSENT: None
ATTEST:
CITY CL' {
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. 76-3-9-1, adopted by the
City Council of the City of San Juan Capistrano, California, at
an adjourned regular meeting thereof held on the 9th day of March,
1976.
(SEAL) MARY A ANOVE , CITY CLERK
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STAT_' OF CALIFORNIA )
BOUNTY 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 Capistraho;
That in compliance with State laws of the State of
California and in further compliance with City Resolution
No. /74-1-28-4, and on the // !� day of %j2,��lc�
6 ,
197 , she caused to be posted:
being:
RESOLUTION NO. 76-3-9-1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO, CALIFORNIA, RECITING
THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD
IN SAID CITY OF SAN JUAN CAPISTRANO ON THE 2ND
DAY OF MARCH, 1976, DECLARING THE RESULT THEREOF
AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW
459
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 HANOVER, City C erk
San Juan Capistrano, California