Ordinance Number 879ORDINANCE NO. 879
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING J SERRA EDUCATION
INITIATIVE (JSERRA)
The City Council of the City of San Juan Capistrano hereby ordains as follows:
Whereas, City residents petitioners filed the "J SERRA Education Initiative" with
the City Clerk on July 2, 2002, and
Whereas, the City Clerk has determined that said initiative contains the requisite
number of voter signatures to qualify for a special election, and
Whereas, Elections Code section 9214 provides that the City Council shall either
adopt the initiative without alteration, or set the initiative for a special election date, and
Whereas, the City Council previously adopted said initiative by Ordinance No.
868 on October 15, 2002 pursuant to Elections Code section 9214, and
Whereas, the City Council also adopted an implementation agreement with
petition proponents (Pueblo Serra LLC) on October 15, 2002, and
Whereas, a Superior Court ruling in the matter of NASSEPA v. City of San Juan
Capistrano, Case NO. 02CC17433 on April 28, 2003, found that both approvals should
be set aside, and
Whereas, the City Council has adopted an ordinance repealing City Ordinance
868 and the October 15, 2002 implementation agreement pursuant to the trial court
order.
Now Therefore, the City Council hereby adopts pursuant to Elections Code
section 9214 the J SERRA Education Initiative as filed with the City Clerk, and
incorporates said Initiative in its entirety by reference. The City Council does not
consider nor adopt any other document or instrument in adopting this Initiative.
Section 4. The City Clerk shall certify to the adoption of this Ordinance cause
to be published a summary of this of this Ordinance and a certified copy of the text of
this Ordinance shall be posted in the Office of the City Clerk five (5) days prior to the
date of adoption of this Ordinance; and, within fifteen (15) days after adoption, the City
Clerk shall cause to be published the aforementioned summary and shall post a
certified copy of this Ordinance, together with the vote for and against the same, in the
Office of the City Clerk.
05-20-2003
PASSED, APPROVED AND ADOPTED this 1 gth day of May 2003.
Jo neft, Mayor
Attest:
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 is a true and correct copy of Ordinance No. 879 which was
adopted and passed at an Adjourned Regular Meeting of the City Council on the 1gth day of
May 2003 by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IZ
City Clerk
Hart, Swerdlin, Soto and Mayor Gelff
Bathgate
None
05-20-2003