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HomeMy WebLinkAboutRES 89-23RESOLUTION NO. 89-23 A RESOLUTION OF THE COUNCIL OF THE CITY OF DIAMOND BAR MAKING THE PROVISIONS OF CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1094.6 APPLIC- ABLE TO THE JUDICIAL REVIEW OF CERTAIN DECISIONS OF THIS COUNCIL AND COMMISSIONS OF THE CITY OF DIAMOND BAR. A. Recitals. (i) California Code of Civil Procedure Section 1094.6 provides in full.as follows: "Judicial review, decisions of local agencies; petition; filing; time; record; decision and party defined; ordinance or resolution "(a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. "(b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is made. If there is such provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provisions 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 1 record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case. "(d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following 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 application for a permit, license, or other entitlement, or denying an application for any retirement benefit or allowance. "(f) In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section. "As used in this 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, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. "(g) This section shall be applicable to a local agency only if the governing board thereof adopts an ordinance or resolution making this section applicable. If such ordinance or resolution is adopted, the provisions of this section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter status of limitations, in which case the shorter statute of limitations shall apply." N (ii) It is the desire of this Council to make the above -stated provisions of California Code of Civil Procedure Section 1094.6 applicable to the judicial review of its decisions and those of City of Diamond Bar commissions specified in California Code of Civil procedure Section 1094.6(e) in order to avoid the prejudice to the City of Diamond Bar and its staff inherent in delaying judicial review of such decisions. (iii) All legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, be it found, determined and resolved as follows: 1. In all respects as set forth in the Recitals, Part A, of this Resolution. 2. The provisions of California Code of Civil Procedure Section 1094.6 shall be applicable to the judicial review of any and all decisions of this Council and commissions of the City of Diamond Bar specified in California Code of Civil Procedure Section 1094.6(e). 3. In making any final decision specified in California Code of Civil Procedure Section 1094.6(e), this Council or the commission making the decision shall provide notice to all parties concerned that the time within which judicial review of the decision must be sought is governed by California Code of Civil Procedure Section 1094.6. 4. The City Clerk shall certify to the adoption of this Resolution. 3 1989. ADOPTED AND APPROVED this 18th day of April , i I, GEORGE CASWELL , City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of April , 1989, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of April , 1989, by the following vote: AYES: COUNCIL MEMBERS: PAPEN, HORCHER, WERNER, MILLER and FORBING NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: No ATTEST• = City C rk of- •t:hd- City of Diamond Isar L\1011\RES10946\ 4