72-0418_CC_Minutes_Special Meeting-164
April 18, 1972
SPECIAL ADJOURNED MEETING - CITY COUNCIL - CITY OF SAN JUAN CAPISTRANO
The special adjourned meeting of the City Council was called to
order at 7:00 PM by Mayor Forster.
The pledge of allegiance was recited. Invocation was given by
Mr. T. J. Meadows.
The Deputy City Clerk called the roll. Councilmen present:
William A. Bathgate, Edward S. Chermak, Josh Gammell, James F. Thorpe
and Thomas A. Forster.
Councilman Gammell moved that all ordinances and resolutions for
this meeting be read by title only. Motion seconded by Councilman Thorpe _
and carried unanimously.
City Clerk, Donald G. Weidner, stated that Exhibit "A" of Resolution
No. 72-4-18-1 was the City Clerk's Certificate of Canvass of the April 11,
1972 Municipal Election, and asked that Council review for approval.
Typographical error in one column of figures was corrected, total vote
count was not affected. The City Attorney then read Resolution No.
72-4-18-1, reciting the fact of the General Municipal Election held in
the City of San Juan Capistrano on the 11th day of April, 1972, declar-
ing the result thereof and such other matters as are provided by law,
by title only; text as follows:
"WHEREAS, a regular general municipal election was held and con-
ducted in the City of San Juan Capistrano, County of Orange, State of
California, on Tuesday, the 11th day of April, 1972, 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, the City Clerk of the City of San Juan Capistrano canvas-
sed 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 four (4) voting precincts established
for the purpose of holding said election consisting of 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 requir-
ed 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 years.
SECTION 3. That at said regular general municipal election, the
following measure was submitted to the electors of said City, to wit:
APR 181972
165
"Shall the City Council of San Juan Capistrano, as authorized
by Section 5304 of the Public Resources Code, adopt a separate
and additional tax rate of 20 cents per $100 assessed valuation
for the maintenance, operation and improvements of public park
sites?"
SECTION 4. That the whole number of votes cast in said City (except
absent voter ballots) was 4,594. That the whole number of absent voter
ballots cast in said City was 135, making a total of 4,729 votes cast
in said City.
SECTION 5. That the names of persons voted for at said election
for Member of the City Council of said City are as follows:
William A. Bathgate
Thomas A. Forster
Judith G. Beggs
Roy Louis Byrnes
William T. Reid
James K. Weathers
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 were as listed in Exhibit "A" attached.
SECTION 6. The City Council does declare and determine that:
ROY LOUIS BYRNES was elected as Member of the City Council of said
City for the full term of four years;
JAMES K. WEATHERS was elected as Member of the City Council of said
City for the full term of four years;
That as a result of said election, a majority of the qualified
voters voting on said measure relating to Parks Tax Rate did not
vote in favor thereof, and that said proposition was not carried,
and shall not be deemed adopted and ratified.
SECTION 7. 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) For what office each person was voted for;
(5) The number of votes given at each precinct to each person,
and for and against the measure;
(6) The number of votes given in the city to each person, and
for and against the measure.
SECTION 8. That the City Clerk shall immediately make and, upon
compliance by the persons elected with the provisions of Section 11565
and Section 11568 of the Elections Code of the State of California, shall
deliver to each of such persons so elected a Certificate of Election
signed by him and duly authenticated; that he shall also administer to
each person elected, the Oath of Office prescribed in the State Constitu-
tion of the State of California and shall have them subscribe thereto and
file the same in his office. Whereupon, each and all of said persons so
elected shall be inducted into the respective office to which they have
been elected.
SECTION 9. That the City Clerk shall certify to the passage and
adoption of this resolution; shall enter the same in the book of original
-2 APR 18 191Z
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APR 181972
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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."
Councilman Bathgate moved for adoption of said resolution. Motion
seconded by Councilman Thorpe. Resolution No. 72-4-18-1 passed,
approved and adopted by unanimous vote.
Mayor Forster then asked the City Clerk to deliver the Certificates
of Election to the new Council members.
The Oath of Office was then administered to Councilmen Roy L.
Byrnes and James K. Weathers.
Mayor Forster invited the two new members to the Council table
and passed the gavel to the City Clerk, who conducted the nomination
for the position of Mayor.
Councilman Chermak nominated James F. Thorpe, seconded by Council-
man Byrnes. Carried unanimously and was so ordered. Nominations de-
clared closed.
Mayor Thorpe then called for the nominations of Mayor Pro -tem.
Councilman Weathers nominated Josh Gammell, seconded by Councilman Byrnes.
Carried unanimously and nominations declared closed.
Mayor Thorpe made presentations of City plaques to departing
Councilmen Bathgate and Forster.
City Clerk stated no further official business to come before
Council.
Councilman Chermak at this time stated his displeasure with
regard to the Sieroty Bill (AB 200) now before the Legislature, in that
it indicates all counties and cities along the coastline will have no
power in governing local zoning codes. He recommended that all citizens
wire or call Sacramento in an effort to kill this proposed Bill. Mayor
Thorpe directed that this item be put on the next regular agenda and
that staff make recommendation.
The meeting adjourned at 7:26 PM to an Executive Personnel session.
Reconvened at 9:02 PM, and adjourned at 9:03 PM to April 24, 1972 at
7:00 PM.
Leontine Vallavanti
Deputy City Clerk
-4- APR 18 W72