Resolution Number 08-08-05-08RESOLUTION NO. 08-08-05- 0 s
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS RELATING TO THE OPEN
SPACE, NATURAL AREAS, AND CLEAN WATER PROTECTION AND
PRESERVATION MEASURE AND RESCINDING RESOLUTION NO. 08-
07-15-08.
WHEREAS, a General Municipal Election is to be held in the City of San Juan
Capistrano, California, on November 4, 2008, at which there will be submitted to the
voters the following measure:
Open Space, Natural Areas, and Clean Water Protection
and Preservation Measure
To acquire and improve land to protect and
preserve open space, natural areas, creeks and
streams, historic areas, undeveloped hillsides and YES
natural ridges from potential residential and
commercial development and to provide
additional recreational amenities such as bike and
walking trails, equestrian facilities, parks and
sports fields, shall the City of San Juan
Capistrano issue 30 million dollars in bonds, at NO
legal rates, with guaranteed annual independent
audits, public expenditure review and no money
for City administrators' salaries?
WHEREAS, on July 15, 2008, the Council adopted Resolution No. 08-07-15-07
calling the bond election in a manner that must be reconsidered to insure compliance
with various legal standards applicable to the issuance of bonded indebtedness; and
WHEREAS, on August 5, 2008, the Council reconsidered the text of the measure
and adopted a revised resolution calling the bond election; and
WHEREAS, on July 15, 2008, the Council adopted Resolution No. 08-07-15-08
setting priorities for filing written arguments and directing the City Attorney to prepare an
impartial analysis which referred to the text of the measure that has since been revised,
thus requiring the rescission of Resolution No. 08-07-15-08, and adoption of this
resolution.
' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
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590242.1
ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes
Mark Nielsen Council Member In Favor
Tom Hribar Council Member In Favor
members of that body, to file written arguments regarding the City measure as specified
above, accompanied by the printed names and signatures of the authors submitting it,
in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of
California and to change the argument until and including the date fixed by the City
Clerk after which no arguments for or against the City measure may be submitted to the
City Clerk. The authors may present the "argument in favor" to the City Council,
allowing for an opportunity for other Council Members to also sign the argument.
The arguments shall be filed with the City Clerk, signed, with the printed names
and signatures of the authors submitting it, or if submitted on behalf of an organization,
the name of the organization, and the printed name and signature of at least one of its
principal officers who is the author of the argument. The arguments shall be
accompanied by the Form of Statement To Be Filed By Authors of Argument.
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the
measure to the city attorney. The city attorney shall prepare an impartial analysis of the
measure showing the effect of the measure on the existing law and the operation of the
measure. The impartial analysis shall be filed by the date set by the City Clerk for the
filing of primary arguments.
SECTION 3. That Resolution No. 08-07-15-08 is hereby rescinded.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON
ATTEST:
v
��AAff R. MONAHAN, CITY CLE
of AVqust, 2008.
YOR
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590242.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing Resolution No. 08-08-05-08 was duly adopted by the City Council of the
City of San Juan Capistrano at a Regular meeting thereof, held the 5th day of August 2008, by the
following vote:
AYES: COUNCIL MEMBERS: Allevato, Nielsen, Hribar, Uso and Mayor Soto
NOES: COUNCIL MEMBER: None
ABSENT:CIL MEMBER: None
COU
M R ARET R. MONAHAN, City Clerk