Article 2-05

GENERAL PROVISIONS

Sections:

(a) The term "meeting," when used in relation to the City Council or any commission or committee established under the provisions of this Code or by resolution of the City Council, shall mean the gathering together of a majority of the members of the City Council or the members of the commission or committee, each member within normal hearing distance of the other, at the time and place established by ordinance or resolution for regular meetings or at such other time and place as authorized by law for special meetings, for the purpose of acting in their official capacity as the legislative body of the City in the case of the City Council, and in their official capacity as the commission or committee exercising the authority delegated to it under the provisions of this Code or the provisions of the Council resolution. Unless otherwise permitted by law to be held in private, all such meetings shall be open to the public. No other gathering of the persons who constitute the City Council or any commission or committee of the City or any portion thereof shall be considered a meeting.

(b) Any action or decision required by law to be taken or made at a meeting shall be invalid and of no force and effect if the same is not taken or made at a meeting as defined in this Section.

(c) This Section shall not prevent less than a quorum, otherwise gathered at the time and place and for the purpose of conducting a meeting, from adjourning from time to time in accord with law until a quorum is present.

(d) If at any time the legislature of the State or the final decision of an appellate court of the State should define a meeting of a city council or a city commission other than as set forth in this Section, such legislative or final judicial definition shall thereafter supersede the definition in this Section.

All administrative determinations or decisions under this Code shall become effective and final upon expiration of the applicable appeal period set forth in this Code, provided no notice of appeal has been filed within such time. In the event a notice of appeal is filed within said appeal period, then the following rules shall apply:

(a) If the appeal is to the Planning Commission, the decision of the Planning Commission shall become effective and final upon expiration of the applicable period for appeal to the City Council, provided no notice of appeal has been filed within such time. If at any time prior to the rendering of a decision by the Planning Commission the appeal is withdrawn, the administrative determination or decision shall, at that time, become effective and final.

(b) If the appeal is to the City Council, the decision of the City Council shall become effective and final on the date such decision is rendered. The City Council may thereafter record such decision by adoption of a resolution describing the nature of the appeal, the decision rendered by the Council thereon and the finding or grounds for the decision as articulated by the Councilmembers at the time the decision was made, but such action shall not extend the effective date of the decision provided herein nor shall such action extend the statute of limitations applicable to the decision. If at any time prior to the rendering of a decision by the City Council the appeal is withdrawn, the determination or decision from which the appeal has been taken shall, at that time, become effective and final.

(a) Right to appeal. Except where an appeals procedure is otherwise specifically set forth in this Code, any interested person objecting to the whole or any portion of an administrative determination or decision made by a commission, committee or an official of the City, where such determination or decision involves the exercise of administrative discretion or personal judgment pursuant to any of the provisions of this Code, may appeal to the City Council by filing with the City Clerk a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. Decisions pertaining to implementation of the California Environ-

(Saratoga Supp. No. 54, 7-24)

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2-05.030

mental Quality Act may be appealed only in accordance with the Local CEQA Guidelines of the City of Saratoga. A notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the City Council.

(b) No appeal from ministerial acts. No right of appeal to the City Council shall exist when the decision or action is ministerial and does not involve the exercise of administrative discretion or personal judgment pursuant to any of the provisions of this Code.

(c) Time limit on notice of appeal. The appellant shall file the notice of appeal with the City Clerk and pay the filing fee thereon within fifteen days after the date on which the determination or decision is rendered.

(d) Schedule of hearing. Upon the filing of the notice of appeal and payment of the appeal fee, or upon an appeal being initiated by members of the City Council, the City Clerk shall schedule the matter for hearing by the City Council as follows:

(1) A proposed hearing date shall be set within two business days. The proposed date shall be within forty-five calendar days of the date the appeal was filed, except as provided in subsection (d)(2), below. The City Clerk shall immediately inform the appellant and the applicant of the proposed date, time, and place of the hearing at an e-mail address or fax number provided to the City at the time the appeal or application was filed. If the appellant or applicant within two business days requests in writing that the proposed hearing date be extended, then the City Clerk shall set the date for the next regular meeting of the City Council occurring after the proposed date. The City Clerk shall inform the appellant and applicant of the new hearing date, time and place via e-mail.

at the time the appeal or application was filed. If the appellant or applicant within two business days requests in writing that the proposed hearing date be extended, then the City Clerk shall set the date for the next regular meeting of the City Council occurring after the proposed date. The City Clerk shall inform the appellant and applicant of the new hearing date, time and place via e-mail.

(2) If it is not possible to set the proposed date in a manner that allows the City to provide any notice required by law and set the proposed date at a regularly scheduled meeting within forty-five calendar days of the date the appeal was filed, the date shall be set at the first regularly scheduled Council meeting following the close of any applicable notice period. The City Clerk shall immediately inform the appellant and the applicant of the date, time, and place of the hearing at an e-mail address provided to the City at the time the appeal or application was filed. If the hearing date is set pursuant to this subsection, then neither the applicant

nor appellant shall be authorized to request a change in the hearing date as described in subsection (d)(1), above.

(3) After a hearing date has been set in accordance with subsection (d)(1) or (d)(2), above, the appellant or the applicant may request in writing, and the City Clerk shall grant, a continuance of the date provided that the request for continuance is received by the City Clerk no later than twenty-one calendar days prior to the date set for hearing. The continuance shall be until the next regular meeting of the City Council occurring after the date for which the matter had been set. No further continuances may be authorized by the City Clerk.

(e) Public notice. If a public hearing is conducted on the appeal, notice thereof shall also be published once at least ten calendar days prior to the hearing in a newspaper having general circulation in the City and mailed or delivered at least ten calendar days prior to the hearing to any other persons who were entitled under the provisions of this Code to receive notice of the proceedings at which the administrative determination or decision was made.

(f) Conduct of hearing by City Council. The City Council shall conduct a de novo review on the appeal, but no public hearing shall be required unless the determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the public from exercising its right as described in Section 2-10.130(a)(I) and (a)(II), to address the subject matter of the appeal.

he City Council shall conduct a de novo review on the appeal, but no public hearing shall be required unless the determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the public from exercising its right as described in Section 2-10.130(a)(I) and (a)(II), to address the subject matter of the appeal.

(g) Decision by City Council. The Council may affirm, reverse or modify the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a determination or decision, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the determination or decision notwithstanding the fact that no appeal has been taken therefrom.

(h) Time limitation for judicial review. Any action or proceeding to attack, review, set aside, void or annul a decision by the City Council on an appeal taken pursuant to this Section, or any of the proceedings, acts or determinations taken, done or made prior to such

(Saratoga Supp. No. 54, 7-24)

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2-05.040

decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall be commenced within ninety days after the date such decision is rendered by the City Council. (Amended by Ord. 71.83 § 1, 1990; Ord. 71-134 § 2, 1994; Ord. 232 § 2 (part), 2004; Ord. 259 § 1 (part), 2008) (Ord. No. 360, § 1(Exh. A), 12-5-2018; Ord. No. 383, § 1(Exh. A, § 2), 11-17-2021; Ord. No. 403, § 1(Exh. A, § 1), 7-3-2024)

(a) The City seal shall be as adopted by resolution of the City Council. The City Council may also adopt one or more City logos. The City seal and logos may be altered pursuant to resolution of the City Council. Copies of the City seal and logos shall be kept on file in the office of the City Clerk.

(b) The City seal and City logos shall only be used for the official business of the City of Saratoga except upon approval of the City Council by ordinance or resolution. Except as provided for in this Section, no person, other than the City of Saratoga, shall reproduce, use, give away, sell, or distribute any seal or logo, or facsimile thereof, purporting to be or represented to be the City seal or City logo of the City of Saratoga. The City Manager or his/her designee is empowered to authorize the use of the City seal or a logo on items that are offered for sale by the City for the purpose of promoting the City. Only those items bearing the City seal or logo that have been authorized by the City Manager or his/her designee pursuant to this provision may be offered for sale by the City of Saratoga.

(c) Penalty. Any person violating this Chapter shall be guilty of an infraction. A violation of this Chapter may be prosecuted by City authorities in the name of the people of the State of California, or redressed by civil action. A violation shall be punishable for a first conviction by a fine of not more than one hundred dollars, for a second conviction within a period of one year by a fine of not more than five hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than one thousand dollars. The City reserves the right to take any other legal action it finds appropriate to enforce this Section.

(Ord. No. 320, § 1.A.1, 11-5-2014)

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(Saratoga Supp. No. 54, 7-24)