HomeMy WebLinkAbout086-86 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of:
Amending the Municipal Code )
to Provide for Time Limits ) ORDINANCE NO. 86
on the Judicial Review of )
Administrative Decisions )
)
The City Council of the City of Danville DOES ORDAIN
as follows:
SECTION 1. Title 1 (General Provisions) of the Danville
Municipal Code is amended by adding a new Section 1-609,
Judicial Review, to read as follows:
"Section 1-609. Judicial Review.
California Code of Civil Procedure Section 1094.6 is
applicable to the City of Danville and provides that review'
of any decision of the City may be had under Code of Civil
Procedure section 1094.5 (review of administrative decisions)
only if the petition for writ of mandate is filed within 90
days after the decision becomes final."
SECTION 2. Effective Date. This ordinance becomes eJJfective
30 days after its adoption.
SECTION 3. Publication. The City Clerk shall either a) have
this ordinance published once within fifteen days after adoption
in a newspaper of general circulation or b) have a summary
of this ordinance published twice in a newspaper of general
circulation, once five days before its adoption and again
within fifteen days after adoption.
The foregoing ordinance was introduced at a meeting of
the City Council of the City of Danville at a meeting held
on F. hr,Jary 3 , 198 6 and was adopted and ordered published
at a meeting held on February 20 , 1986 , by the following
vote:
AYES: Kennett, Lane, NcNeely, Offenhartz, Schlendorf
NOES: None
Mayor
ATTEST:
/ //~
/ , ,. i/
City Clerk
. ~--~'ff~':.'7~.~,~-= decisions of local agencies; petition; filing; time; record; decision
and party defined; ordinance or resolution
l.~.~.~ial review_pf any decizioa, of~.,Jl~lt, agency. other than school district, as the term local
agency m--"-- e 1~T3~-c~i'on ~951['of'~e' ~ve'mment Code, or of any commission, board, officer or
agent thereof, may .be,,.~.dpursuant to Section 1094.5 of this code only if the petition !ors.writ of,
mandate pursu~C~{~ suel{ ~e~on is ~il~ln 'ffie time hmlta specified m ~ seciaam
(lt),~lZ.a~ch~..tition shall heftled no.t~.~ter.,~an the.90th day following the date on which t~e
dec~sion~b~/l'we~fl~'--l~'[here is"~o"p-~4ision for reconsider~tion of the decision in any applicable
p'~{;|s'Jon of any statute, charter, or rule, for the purposes of this section, the decision is f'mal on the
date it is made. If there is such provision for reconsideration, the decision is Final for purposes of
this section upon the expiration of the period during which such reconsideration can be sought;
provided, that if reconsidera.tion is iought pursuant to any such provision the decision is final for ' '
the purposes of this section on the date that reconsideration is rejected.
(c) The complete record of the proceedings shall be prepared by the local agency. or its commission,
board, officer, or agent which made the decision and shall be delivered to the petitioner within 90
days after he has filed a written request therefor. The local agency may recover from the petitioner
its actual costs for transcribing or otherwise preparing the record. Such record shall include the
transcript of the proeeedi~ngs, all pleadings, all notices and orders, any proposed decision by a hearing
offwer, the final decision, all admitted exhibits, all rejected exh~its in the possession of the local
agency or its commission, board, officer, or agent, all written evidence, and any other papers in the
ease.
{d) If the petitioner files a request for the record as specified in subdivision (e) within 10 days after
the date the decision becomes £mal as provided in subdivision (Iv), the time within which a petition
pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day follo~ving the
date on which the record is either personally delivered or mailed to the petitioner or his attorney of
record, if he has one.
(e) As used in this section, decision means a ' ' ' decision subject to review pursuant to Section
1094.5. suspending, demoting, or dismissing an officer or employee, revoking~ or denying an
apphcation for a permitz hcense, or other entitlement, or denyang an apphcat~on for any retirement
benefit or allowance.
(i) ~g a final decision as defined in subdivision (e) the local agency shall provide notice to
t:he~p'ar~t:"'~'tiriie Withifi'WM6h ]~u~'tal review must be sought is governed by this section
As used-in t14~ subdivision, "party' means an officer or employee who has been suspended,
demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or
suspended, or whose application for a permit~ licenser or other entitlement has been denied; or~
person whose application for a retirement benefit or allowance has been denied.
~sec~on shall be applicable to a local agency only if the governing board thereof adopts.an
o 11,t.~n-~'.ttr'7'~?~6~' - '~~a-~etii~ j~l~li'e. abl~ I£ such ordinance or resolution is adopted
t~e pro~ls{o~'0'{'-t~ see~'o~'~'~ufl' i~rev~'] over any conflmtmg provision m any otherwise app :cable
law relating to the subject matter. unless the conflicting provision is a state or federal law which
provaries a shorter statute of hm_~tations: m which case the shorter statute of limitations shall apply
(Amended by Stats. 1983, c. 818, p. --, § 3.)