Ordinance Number 940-A.wi- Mlrk '•t A
AN ORDINANCE OF THE CITY OF SAN .JUAN CAPISTRANO,
CALIFORNIA, ESTABLISHING VOTER APPROVAL REQUIREMENTS
WITH RESPECT TO OPEN SPACE GENERAL. PLAN DESIGNATON
CHANGES
The people of the City of San Juan Capistrano do ordain as follows:
Section 1. Municipal Code Amendment/Voter Approval Re uirements With
Respect to Open Space General Plan Designation Changes.
Municipal Code section 9-2.104, entitled "Voter Approval Requirement For Open
Space General Plan Designation Changes", is hereby added to Article 1, "General Plan
Review and Consistency" of Chapter 2, "Administration", of Title 9, "Land Use" of the
Municipal Code to read as follows:
"Section 9-2.104. Voter Approval Requirement for Open Space General Plan
Designation Changes.,
(a) Statement of Intent. The people of the City of San Juan Capistrano declare that
the preservation of open space within the City has been and continues to be a
high priority for the community. Land designated by the City's General Plan as
open space land should not be changed to other allowable land uses without
voter review and approval at a city wide election. Accordingly, this section is
intended to require voter approval of proposed changes to City General Pian
designated open space land in accordance with the procedures of this section.
(b) Voter Approval For General Plan Open Space Designation Changes. After the
legally effective date of this section, any pending or future proposed General
Plan designation change for any land designated for as "Open Space" to another
allowable land use shall not become legally effective unless the proposed
General Plan change is approved by the City electorate at the time of a City
general or special election, or other stateside election held pursuant to Elections
Code section 1000. This section applies only to changes in General Plan
designations as described in this section.
This voter approval requirement is intended to preclude any form of amendment
to any existing General Plan designated open space parcel by any future City
Council by a process of change or amendment to "definitions" or other statement
of permissible uses presently describing authorized uses under the Open Space
designation of the General Plan, unless such change or amendment is submitted
to and approved by a vote of the people
0 940-A
(c) Normal Planning Process Is Applicable to General Plan Designation Change
Prior To Holding an Election. A citywide election on the question of whether to
approve a General Plan Open Space designation change shall not be ordered
until the General Plan amendment application is first processed before the
Planning Commission and City Council in accordance with Municipal Code and
state planning law requirements, and the City Council has formally approved the
General Plan designation change by adoption of an appropriate resolution.
(d) Timing and Cost of Election. (i) Should it be necessary to conduct an election
pursuant this section, the City Council may order the election to be held on a city
general election date, other statewide general election date provided for under
Elections Code section 1000, or special election date, (ii) The City shall bear the
cost of ballot measure at a city general election. The applicant shall bear the full
cost of the election if the applicant has requested that the ballot measure be held
on a statewide election or special city election date.
(e) Future Amendments. Pursuant to Elections Code section 9217, this section may
not be amended or repealed unless such amendatory or repeal proposal is
submitted to a vote of the people.
STATE OF CALIFRONIA j
COUNTY OF ORANGE )ss.
CITY OF SAN JUAN CAPISTRANO )
M rk ielsen, May r
I, Maria Morris, City Clerk of the City of San Juan Capistrano, do hereby certify the
foregoing to be a full, true and correct copy of Or�dinancp No. 940-A passed by the
voters at the regular election held in said City o No err�ber 4, 2008. Canvass was
accepted by the San Juan Capistrano City Counci�q -,0 "ember 2, 2008.
RRIS, OTY CLERK
2 0 940-A
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
Attachment 1
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 S
proposed General Plan designation change 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 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_ ®.
administrators' salaries?
SECTION 3. That 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.
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 fullterm 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 *notes (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 2nd day of De ember 2005.
M R NIELSEN, NWOR
ATTEST:
MARCAR�T,,R.EMONAh4*, CITY C
3 12/2/2008
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
1, MARGARET R. MONAHAN, appointed City Cleric 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 21" day
of December 2008, by the following vote:
AWES:OUNCIL MEMBERS: Allevato, Freese, Hribar, Uso and Mayor Nielsen
N,, ES: OUNCIL MEMBER: None
SBS OUNCIL MEMBER: None
MONAHAN,
4 1212(2008
OEC -0i-2008 1652 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 , 2008
DEBRA EQWEN, SECRETARY OF STATE
BY DF -DUTY
State of California)
County of Grange)
1, Meal Kelley, Registrar of Voters of Orange County, do
hereby certify that the within is a true and correct statenient of the
gates cast in this county at the General Election, as determined by
Me canvass of the ratum9 of said election.
1, f 9MOr certify the results of the 1 percent manual tally
contalned no d1scrependes between the machine count and the
manual tally.
WTNESS my band and OfA al Seal
THIS �_ DAY OF �, _ 2008
REGISTRAR OF VOTERS
r=XHISIT A
t.t4"111--ZLW 1b -b2 Kcfi1`.itkHR rF UOTERS 714 567 755 P103
CERTIFICATE OF REGISTRAR OF VOTERS To RESULT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE
1, Neal Kelley, Registrar of Voters of Orange County, do hereby certify the
following to be a Full, hue and correct Statement of the Vote of the election listed
below, o onsohdated with the General Election held on November 4, 2008,
CITY OF SAN JUAN CAPISTRANO
E BER OF THE.-CITYC UNCIL
10556
NO
LABRA FREESE
6,764
SAM ALLEVATO
5,885
JOE SOTO
6.176
JESS LOPEZ
2,416
EVANGELINE TOPA
1,465
SERGIO FARIAS
11133
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
massuro Is as sat forth above and appears in the Ceriiiiad Statement of the Vote.
WITNESS my hand and Official Seal this I'll day of December, 2008.
. r
NEAL KE
ReQlstr Voters
Or County ,
rr�rry o s+-+
YES
10556
NO
2,639
ME &SUI --EY
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
massuro Is as sat forth above and appears in the Ceriiiiad Statement of the Vote.
WITNESS my hand and Official Seal this I'll day of December, 2008.
. r
NEAL KE
ReQlstr Voters
Or County ,
rr�rry o s+-+