Chapter 1.30
JUDICIAL REVIEW OF CITY DECISIONS
Sections:
1.30.010 Power and general purpose.
1.30.030 Judicial review, time within which petition must be filed.
1.30.040 Record of proceedings.
1.30.050 Notice of time within which judicial review must be sought.
1.30.010 Power and general purpose.
This chapter is enacted by the city council pursuant to Cal. Civ. Proc. Code § 1094.6. The purpose of this chapter is to avoid uncertainty as to the finality of certain decisions of the city, its officers, boards, commissions and agents by providing specific time limitations as to when petitions for judicial review of such decisions may be sought, while preserving the substantial rights of parties who believe that they are aggrieved by such decisions to seek such review. (Ord. 1165 § 1, 4-19-77. 1990 Code § 1-6100.)
1.30.020 Definitions.
Unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:
(a) “Decision” means adjudicatory administrative decision made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking, suspending, or denying an application for a permit or license (or renewal thereof), or denying an application for any retirement benefit or allowance.
(b) “Party” means an officer or employee who has been suspended, demoted, or dismissed; a person whose permit or license has been revoked or suspended or whose application for a permit or license or renewal thereof has been denied; or a person whose application for a retirement benefit or allowance has been denied. (Ord. 1165 § 1, 4-19-77. 1990 Code § 1-6101.)
1.30.030 Judicial review, time within which petition must be filed.
(a) Judicial review of any decision of the city, its city council, or any commission, board, officer or agent thereof may be had pursuant to Cal. Civ. Proc. Code § 1094.5 only if the petition for the writ of mandate is filed within the time limits specified in this section.
(b) Any such petition shall be filed not later than the ninetieth day following the date on which any decision becomes final, except as provided in subsection (c) of this section. If there is no provision for reconsideration of the decision in any applicable provision of this code or other ordinance, or any applicable rule or regulation, for 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 provision, the decision is final for purposes of this section on the date that reconsideration is rejected.
(c) If the petitioner files a request for the record as specified in Section 1.30.040, within 10 days after the date the decision becomes final as provided in this section, the time within which a petition pursuant to Cal. Civ. Proc. Code § 1094.5 may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or his/her attorney of record, if he/she has one.
(d) Nothing in this chapter shall be construed to authorize judicial review of any decision of any board, commission, officer or agent of the city if there is available to the aggrieved party the right of appeal of such decision to the city council, or any other board, commission, officer or agent of the city, as prescribed by this code, ordinance, rule or regulation. It is hereby expressly recognized that any party aggrieved by such decision shall be required to exhaust his/her administrative remedies with the city council and the boards, commissioners, officers and agents of the city as a prerequisite to his/her obtaining judicial review. (Ord. 1165 § 1, 4-19-77; amended during 2012 reformat. 1990 Code § 1-6102.)
1.30.040 Record of proceedings.
The complete record of the proceedings shall be prepared by the city clerk and shall be delivered to the petitioner within 90 days after he/she has filed a written request therefor with the city clerk. The city may recover from the petitioner its actual costs for transcribing or otherwise preparing the 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 city or its commission, board, officer or agent, all written evidence, and any other papers in the case. (Ord. 1165 § 1, 4-19-77; amended during 2012 reformat. 1990 Code § 1-6103.)
1.30.050 Notice of time within which judicial review must be sought.
After a final decision has been made, the city clerk shall provide notice to the party that the time within which judicial review must be sought is governed by this chapter. (Ord. 1165 § 1, 4-19-77. 1990 Code § 1-6104.)