HomeMy WebLinkAbout38.108 ORDINANCE NO. 38.]08
AN ORDINANCE OF THE CITY OF SARATOGA
AMENDING CHAPTER 2, ARTICLE I,
SECTION 2-1.1 OF THE SARATOGA CITY CODE,
PERTAINING TO STATUS OF REJECTED MOTIONS
AND EVENLY SPLIT VOTES
The City Council of the City of Saratoga does hereby
ordain as follows:
Section 1: Chapter 2, Article I, Section 2-1.1 of the
Saratoga City Code is hereby amended in its entirety to read as
/
follows:
"Section 2-1.1. Status of Rejected Motions and Evenl~v
Split Votes By Planning Commission and City Council.
The failure of passage of any motion before either
the Planning Commission or the City Council, which
motion relates to any action or proceeding from which
any appeal may be taken or any judicial review had
thereof, shall be deemed to be a denial of the motion
for all purposes of commencement of the ~unning of any
applicable statute of limitations, subject to the
following:
(a) A motion failing by reason o~ an evenly split
vote by the Planning Commission shall 'be agendized and
voted upon at the next regular meeting of the Planning'
Commission at which a quorum is present, unless, within
ten (10) calendar days after the date on which the split
vote is taken, the applicant files an appeal to the City
Council, in which event, the split vote shal=l ,be deemed
a final denial by the Planning Commission of' 'the requested
action. If no appeal to the City Council is filed and
the motion fails for any reason (including an evenly
split vote) at the subsequent meeting of the Planning
Commission, then the same shall at that time be deemed a
.final denial by the Planning Commission of~J'the requested
action..
(b) A motion failing by reason of an evenly split
vote by the City Council shall be agendized and voted
upon at the next regular meeting of the City Council at
which a quorum is present. If the motion fail~ for any
reason (including an evenly split vote) at the{.subsequent
meeting of the City Council, then the same S~all at that
time be deemed a final denial by the City Council/of the
requested action. ..
Section 2: This Ordinance shall be i~ fu'll force and
effect thirty (30) days after the date of its passage.
The foregoing Ordinance was regularly introduced and
after the waiting time required by law was thereafter passed and
adopted at a regular meeting of the City Council of the City of
Saratoga held on the 17th day of November , 1982, by the
following vote:
AYES: Councilmembers Clevenger, Fanelli, Mallory, MoyleS, and Mayor Callon
NOES: None
ABSENT: None
Attest:
City Clerk .
The above and fnr~eelng is a true and correct
co ;,,1 o: :"/irr:'~'U ~22'2~ ,;Z.~,2''_ WhiC;i has been
pubiisib: ~ ,,-.:: ,: :':;
p ty Ciiy Clerk [ Date