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City Council Meeting 10-9-90
DCl .j d90
Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Adding Section 1330 to the Santa
Monica Municipal Code Relating to Votes by
the city council that Do Not Obtain a Majority
At its meeting on October 2, 1990, the city council
introduced for first reading an ordinance adding Section 1330 to
the Santa Monica Municipal Code relating to votes by the city
Council that do not obtain a maj ority.
The ordinance is now
presented to the city council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
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OCT 9 1990
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CA:RMM:jld489jhpc
city Council Meeting 10-9-90
Santa Monica, California
ORDINANCE NUMBER l55l(CCS)
(city Council series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 1330 TO
THE SANTA MONICA MUNICIPAL CODE
RELATING TO VOTES BY THE CITY COUNCIL THAT
DO NOT OBTAIN A MAJORITY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 1330 is added to the Santa Monica
Municipal Code to read as follows:
Section 1330.
Effect of Vote by
City Council. In any matter in which the
City council is called upon to consider
an appeal from any action or dec is ion of
any City board, commission, examiner or
official,
the City Council shall be
deemed to have denied the appeal and
affirmed the decision of the Clty board,
commission,
examiner or official
if,
following consideration of the appeal,
the City council by majority vote does
not reverse or modify the decision from
which an appeal has been made.
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This section is declarative of
existing law and does not constitute a
change in existing law.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordl.nance. The city Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutl.onal without regard to whether
any portion of the Ordinance would be subsequently declared
1nvalid or unconstitutional.
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SECTION 4. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from 1ts adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS U
city Attorney
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Adopted and approved this 9th day of October I 1990.
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Ma r
I hereby certify that the foregoing Ordinance No. 1551(CCS)
was duly and regularly introduced at a meeting of the city
council on the 2nd day of October 1990; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 9th day of October 1990 by the following council vote:
Ayes: Councilmernbers: Abdo, Finkel, Jennings, Katz,
Reed, Mayor Zane
Noes: Councilmernbers: Genser
Abstain: Councilmembers: None
Absent: Councilmernbers: None
ATTEST:
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- City Clerty
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