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RES-10580 General Municipal Election HoldingRESOLUTION NO. 10580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON NOVEMBER 6, 2012, FOR THE SUBMISSION TO THE VOTERS RESOLUTION NO. 10566, GENERAL PLAN AMENDMENT NO. 2007 -0001 RELATED TO THE RIDGELINE EQUESTRIAN ESTATES PROJECT. WHEREAS, the City of Orange ( "City ") has received a certificate from the County of Orange Registrar of Voters ( "Registrar "), certifying the results of the Registrar's examination of the number of signatures and verification of the signatures affixed to certain petitions for a referendum measure ( "Referendum Measure ") to repeal Resolution No. 10566, A Resolution of the City Council of the City of Orange Approving General Plan Amendment 2007 -0001, Which Includes Textual Amendments to the Orange Park Acres Plan and Affirms the Site's Existing Land Use Designation of Other Open Space and Low Density (1 Acre)" Which Shall be Reflected on the Orange Park Acres Plan and City General Plan Land Use Map" ( "Resolution No. 10566 "); and WHEREAS, the Registrar has ascertained that the Referendum Measure was signed by 7,729 registered voters, which constitutes at least 10 percent (7,144) of the voters of the City according to the report of the Registrar; and WHEREAS, the City Clerk of the City has filed a declaration declaring the Referendum Measure received sufficient signatures to qualify for an election; and WHEREAS, the Referendum Measure requests that Resolution No. 10566 be repealed or be submitted to a vote of the people as prescribed by law; and WHEREAS, Elections Code Section 9241 authorizes the City Council of the City of Orange ( "City Council ") to repeal Resolution No. 10566, as requested by the Referendum Measure or in the alternative, requires the City Council to submit Resolution No. 10566 to the voters at the next regular municipal election or at a special election not less than 88 days after the date of the City Council's order calling for the election; and WHEREAS, the City Council determined not to repeal Resolution No. 10566 and determined to submit the Resolution No. 10566 to the voters at the next regular municipal election; and WHEREAS, the City Council desires to submit the Referendum Measure to the voters at the next regular municipal election, which is November 6, 2012. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, that Resolution No. 10566 be placed on the ballot at the Tuesday, November 6, 2012, regular municipal election. Section 2. That the City Council as authorized by the California Elections Code, does order submitted to the voters at the November 6, 2012, election the following question: Shall Resolution No. 10566, which included textual amendments to the YES Orange Park Acres Plan and affirmed the general plan land use designation of Other Open Space and Low Density (1 acre) in connection with the proposed Ridgeline Equestrian Estates project, be adopted ?" NO Section 3. That the text of Resolution No. 10566 to be submitted to the voters is attached as Exhibit "A ". Section 4. That the ballots to be used in the election shall be in the form and content as required by law. Section 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter, supplies and equipment that may be necessary in order to properly and lawfully conduct the election. Section 6. That the polls shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code. Section 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 8. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner as required by law. 2 Section 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions and is directed to file a certified copy of this resolution with the Board of Supervisors and Registrar. ADOPTED this 6th day of September, 2011. Cap6lyn V/. avoche, Mayor, city of Orange ATTEST: Mary E. I, MARY E. MURPHY, City CterK of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 6 day of September, 2011, by the following vote: AYES:COUNCILMEMBERS:Whitaker, Smith, Cavecche, Dumitru, Bilodeau NOES:COUNCILMEMBERS:None ABSENT:COUNCILMEMBERS:None ABSTAIN:COUNCILMEMBERS:None f Mary Mu y Cle e 3