Laserfiche WebLink
Mr. Pico asked if the developer had violated the first amendment rights or the Elections <br />Code, or the Fair Political Practices Act, would the City have the opportunity to file an action <br />against the developer? <br /> <br /> Mr. Roush said if persons believed their fights had been violated, it would be a personal <br />matter, but could be investigated by an appropriate agency, for criminal wrong doing. The Fair <br />Political Practices Commission does not regulate signature gathering but rather campaign <br />reporting issues. <br /> <br /> Mayor Tarvet asked what the time factor would be for re. application for the different <br />options. <br /> <br /> Mr. Roush said there is a one year period from the time the referendum is successful <br />before the same or a substantially similar ordinance could be teenacted by the Council. The <br />same one year waiting period would also apply if Council decided to repeal the ordinance. <br /> <br /> Mayor Tarvet asked if the applicant were to ask for the withdrawal of the ordinance, <br />what would the time frame be? <br /> <br /> Mr. Roush said there would be no waiting period unless the applicant would agree to <br />one. <br /> <br /> Mayor Tarvet clarified that the difference between Council putting the item on the ballot, <br />or deciding itself to rescind the ordinance, would be a ninety day waiting period, if the <br />referendum is approved. <br /> <br /> Mr. Roush concurred. <br /> <br /> Ms. Michelotti stated if the signatures were validated, Council would have the option of <br />rescinding the ordinance or placing it before the voters? Without the valid signatures, if the <br />ordinance were rescinded it did not mean it was denied and the one year waiting period would <br />not apply. <br /> <br /> Mr. Roush said the City did not have a rule that requires the applicant to wait. <br /> <br /> Ms. Michelotti asked for clarification on denying a project without prejudice? <br /> <br /> Mr. Roush said denying a project without prejudice meant Council was saying to the <br />applicant that there were parts of the plan it did not like, or requesting the applicant to work <br />with the neighborhoods, rather than denying the project altogether and requiring the applicant <br />to start at the beginning. <br /> <br />Pleasanton City Council 1/20/98 <br />Minutes 6 <br /> <br /> <br />