Resolution Number 95-5-2-12RESOLUTION NO. 95-5-2-12
U41TIATING AAffNDMENT TO TITLE 9. CHAPTER 2. ARTICLE 3.
SECTION 9-2.314 OF THE MUNICIPAL. CODE ENTITLED "APPEALS"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, INITIATING CONSIDERATION OF AN
AMENDMENT TO TITLE 9, CHAPTER 2, ARTICLE 3, SECTION 9-2.314 OF
THE MUNICIPAL CODE ENTITLED "APPEALS"
WHEREAS, Section 9-2.314 (Appeals) of the Municipal Code sets forth the
procedures for considering appeals of actions by the various appointed commissions, boards,
committees, staff, and other City bodies where authority has been granted to take a final decision
regulated by the Municipal Code; and,
WHEREAS, the present language in this section allows the City Council to appeal
actions of the above -noted bodies which constitutes a conflict of interest as determined by a recent
California Appellant Court decision; and,
WHEREAS, the present language does not identify a procedure to review and
confirm the validity of an appeal; and,
WHEREAS, the present language of this section limits the type of individuals or
groups that may file an appeal; and,
' WHEREAS, the present language established a 21 -day appeal period which may
create a burden upon applications due to the length of time involved.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Juan Capistrano does hereby initiate consideration of an amendment to the Municipal Code
addressing the above issues.
BE IT FURTHER RESOLVED, that initiation of this amendment shall not be
construed as future approval; it merely creates the opportunity for the issue to be fully discussed after
conducting duly noticed public hearings to receive testimony on the merits of the proposed
amendment prior to a formal action by the City Council.
PASSED, APPROVED, AND ADOPTED this 2nd day of
May . 1995.
ATTEST:
CITY CLEAK
CAROLYN WASH, MAYOR
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291
292
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
95-5-2-12 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 2nd day of May 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin
and Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL) (2�
CHERYL JOANSft, CITY CLERK
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