Resolution Number 08-12-02-01r
RESOLUTION NO. 08-12-02-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008 DECLARING
THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of
San Juan Capistrano, California, on Tuesday, November 4, 2008, as required by law;
and
WHEREAS, notice of the election was 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 the election was held and conducted and the
votes were cast, 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 general law cities; and
WHEREAS, the Orange County Registrar of Voters canvassed the returns of the
election and has certified the results to this City Council, the 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, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That the whole number of votes (ballots) cast in the precincts
except absent voter ballots was 7,540. That the whole number of absent voter ballots
cast in the City was 7,410, making a total of 14,950 votes (ballots) cast in the City.
SECTION 2. That the names of persons voted for at the election for Member of
the City Council are as follows:
Laura Freese
Sam Allevato
Joe Soto
Jess Lopez
Evangeline Topa
Sergio Farias
That Measure X voted upon at the election is as follows:
Page 1 of 3
12/02/2008
San Juan Capistrano, General Open Space Initiative
Shall the voters of the city of San Juan Capistrano
adopt an ordinance adding section 9-2.104 to the Y
Municipal Code requiring that any pending or E
future proposed General Plan designation change S
for any land presently designated as "Open Space"
in the city's General Plan to another allowable use
shall not become legally effective unless the N
proposed General Plan change is approved by the p
city electorate at a special or general city election?
That Measure Y voted upon at the election is as follows:
San Juan Capistrano, Open Space, Natural Areas, and
Clean Water Protection and Preservation Measure
Many residents came to San Juan Capistrano for
its unique open space, natural beauty and history. Y
Yes on this measure will help preserve and E
enhance our natural areas, creeks, historic lands, S
hillsides, trails, recreation, wildlife, and air and
water quality; and reduce traffic congestion. For
these purposes, shall the City of San Juan
Capistrano issue 30 million dollars in bonds with
guaranteed annual independent financial audits, N
public review of expenditures, and no funds used O
for city administrators' salaries?
SECTION 3. That the number of votes the number of votes given in the City to
each of the persons above named for the respective offices for which the persons were
candidates and for and against the measure were as listed in Exhibit "A" attached.
Page 2 of 3 12/02/2008
SECTION 4. The City Council does declare and determine that:
' Laura Freese was elected as Member of the City Council for the full term of four
years; and
C
Sam Allevato was elected as Member of the City Council for the full term of four
years.
That as a result of the election, a majority of the voters voting on the Measure X
relating to San Juan Capistrano, General Open Space Initiative did vote in favor of it,
and that Measure X was carried, and shall be deemed adopted and ratified.
That as a result of the election, two-thirds of the voters voting on the Measure Y
relating to San Juan Capistrano, Open Space, Natural Areas, and Clean Water
Protection and Preservation Measure did vote in favor of it, and that Measure Y was
carried, and shall be deemed adopted and ratified.
SECTION 5. The City Clerk shall enter on the records of the City Council of the
City, a statement of the result of the election, showing:
(1) The whole number of *votes (ballots) 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; and
(5) The number of votes given to each person, and for and against each measure
SECTION 6. That the City Clerk shall immediately make and deliver to each of
the persons so elected a Certificate of Election signed by the City Clerk and
authenticated; that the City Clerk shall also administer to each person elected the Oath
of Office prescribed in the Constitution of the State of California and shall have them
subscribe to it and file it in the office of the City Clerk. Each and all of the persons so
elected shall then be inducted into the respective office to which they have been
elected.
SECTION 7. 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 A TER)N " ay of December 2008.
), MAYOR,
Page 3 of 3 12/02/2008
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. 08-12-02-01 was duly adopted bythe City Council of the City of San Juan
Capistrano at a Regular meeting thereof, held the 2nd day of December 2008, by the following vote:
CIL MEMBERS: Allevato, Hribar, Uso, Nielsen and Mayor Soto
CIL MEMBER: None
IOIL MEMBER: None
DEC -01-2008 16:52
REGISTRAR OF VOTERS 714 567 7556 P.02
CERTIFIED STATEMENT OF THE VOTES CAST
at the
GENERAL ELECTION
November 4, 2008
in the
County of Orange, State of California
FILED
_4.1:
DEBRA BOWEN, SECRETARY OF STATE
BY DEPUTY
State of California)
) ss
County of Orange)
I, Neal Kelley, Registrar of Voters of Orange County, do
' hereby certify that the within is a true and correct statement of the
votes cast in this county at the General Election, as determined by
the canvass of the returns of said election.
1, further certify the results of the 1 percent manual tally
contained no discrepancies between the machine count and the
manual tally.
WITNESS my hand and Official Seal
THIS %fd- DAY OF ✓E'er amw '2008
REGISTRAR OF VOTERS
EXHIBIT A
lltl.-bi-�roJJ 1b:52 REUISIRHR OF VOTERS
714 567 7556 P.03
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
I, Neal Kelley, Registrar of Voters of Orange County, do hereby certify the
following to be a full, true and correct Statement of the Vote of the election listed
below, consolidated with the General Election held on November 4, 2008.
CITY OF SAN JUAN CAPISTRANO
MEMBER OF THE CITY COUNCIL
LAURA FREESE
6,764
SAM ALLEVATO
5,685
JOE SOTO
5,176
JESS LOPEZ
2,416
EVANGELINE TOPA
1,465
SERGIO FARIAS
1,133
MEASURE X
YES 10556
NO 2,839
MEASURE Y
YES 9,618
NO 4,072
PRECINCT BALLOTS CAST: 7,540
VOTE -BY -MAIL BALLOTS CAST: 7,410
TOTAL BALLOTS CAST: 14,950
I hereby certify that the number of votes cast for each candidate and
measure is as set forth above and appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 1a1 day of December, 2008.
N
NEAL KEL
Registr Voters
Oran County
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