Resolution Number 08-12-02-01RESOLUTION 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
12/2/2008
That Measure X voted upon at the election is as follows;
San Juan Capistrano, General Open Space Initiative
Shall the voters of the City of San Juan Capistrano Y
adopt an ordinance adding section 9-2.104 to the E
Municipal Code requiring that any pending or future
proposed General Plan designation change for any S
land presently designated as "Open Space" in the city's
General Plan to another allowable use shall not
become legally effective unless the proposed General N
Plan change is approved by the city electorate at a O
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
To acquire and improve land to protect and preserve
open space, natural areas, creeks and streams, historic Y
areas, undeveloped hillsides and natural ridges from E
potential residential and commercial development and S
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 legal rates, with
guaranteed annual independent audits, public N
expenditure review and no money for City O
administrators' salaries?
SECTION 3. That the number of votes given in the City to each of the persons
above named forthe respective offices forwhich the persons were candidates and for and
against the measure were as listed in Exhibit "A" attached.
2 12/2/2008
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
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 ADOPTED ON 2n' day of December 2008.
-
-MARK NIELSEN, MAYOR
101
MAROARET,R.1MONAHAeN, CITY CL
3 12/212008
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 by the City
Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 2"d day
of December 2008, by the following vote:
ACES: OUNCIL MEMBERS: Allevato, Freese, Hribar, Uso and Mayor Nielsen
NOES: �� OUNCIL MEMBER: None
ARSE OUNCI,L MEMBER: None
� 1
i
MA,RG"PT JR. MOS, HAN, ity C er
4 12/2/2008
�.J
I
DEC -01-2006 16 * 52 REGISTRAR CFr 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 2008
DEBRA BOWEN, SECRETARY OF STATE
131A
DEPUTY
Y
State of California)
f�
County of Orange)
1, ftal Kelley, Registrar of Voters of Change County, do
hereby certify that the within is a two and coved statement of the
votes cast in this county at the General Election, as dotermined by
the canvass of the r aturns of said We coon.
1, further certify the results of the 1 percent manual tally
contained no discrepancies between than machine ocaunt and the
manual tally.
WI77VESS my hand and Oftial Seal
THIS DAY OF 2W8
REGISTRAR OF VOTERS
EXHIBI"r A
M-4-kll-ed4H OF WTERS 714 SE? 755x, P103
CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
)ss.
COUNTY OF ORANGE )
1, Neat Kelley, Registrar of Voters of Oram County, do hereby certify the
f€ llc'MN 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
MFM
—SER OF THE=..CITYCOUNCIL
LAURA FREEST~
6,764
SAM ALLEVATO
5,686
JOE SOTO
5.176
JESS LOPEZ
2,416
EVANGELINE; TOPA
1,465
SERGIO I'ARIAS
11133
YES 10556
NO 2,839
MgMURE Y
YES 8,618
NO 4,072
PRECINCT BALLOTS CAST: 7,540
VOTE -BY -MAIL BALLOTS CAST: 7.410
TOTAL BALLOTS CAST. 14060
I hereby cattily that the number of votes cast for each candidate and
measure Is as sat forth above and appears in the C tif"cvd Statement of Me Vote.
WITNESS my hand and Official Seat this 11' clay of December, 2008_
NEAL KEL
Registr Voters
Or County
7t3TN ,? Y