HomeMy WebLinkAbout1995-11-07; City Council; 13381; AMENDMENT EXTENDING THE TIME IN WHICH A RECORD OF A PROCEEDING SHALL BE PREPARED BY A LOCAL AGENCY UPON A PETITIONER'S WRITTEN REQUEST.I \
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DEPT. I
BE PREPARED BY A LOCAL AGENCY UPON CITY A'
CITY MI
AMENDMENT EXTENDING THETIME IN TITLE:WHIC€3 A RECORD OF A PROCEEDING SHALL
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CA A PETITIONER'S WRITTEN REQUEST. DEPT.
RECOMMENDED ACTION:
Introduce Ordinance No. ./v5*33a3 , which specifies that the C or its commission, board, etc., has 190 days from receipt o written request from any party in which to prepare a record administrative proceedings.
ITEM EXPLANATION:
CarlsbadMunicipal Code Chapter 1.16 pertains to time limits
judicial review of any decision by the City or of
commission, board, officer or agency of the City. It states Section 1.16.010 that judicial review may be had pursuant
Code of Civil Procedure section 1094.5, if the petition for w
of mandate is filed within the time limits specified in t
section.
Code of Civil Procedure section 1094.5 was amended in Assem
record of proceedings shall be prepared by a local agency,
commission, board, officer, or agent which made the deck
being appealed and shall be delivered to the petitioner wit
190 weekdays after a written request therefor.
The recommended revision in the Municipal Code ordinance w make the code consistent with section 1094.6 of the Code
Civil Procedure which it references.
FISCAL IMPACT:
The proposed ordinance has no fiscal impact.
EXHIBITS:
I. Ordinance No. b'2-347
2. Exhibit llAgD
Bill No. 2205 in August 1993, to provide that the compl
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ORDINANCE NO. NS-327
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 1, CHAPTER 1.16 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SUBSECTION 1.16.010(c)
TO EXTEND THE TIME IN WHICH A RECORD OF PROCEEDIN
SHALL BE PREPARED
The City Council of the City of Carlsbad, Californ
does ordain as follows:
SECTION 1: That Title 1, Chapter 1.16 of the Carls
Municipal Code is amended by the amendment of subsect
1.16.010(c) to read as follows:
"The complete record of the proceedings shall
prepared by the city or its commission, board, officer,
agent which made the decision and shall be delivered to
party requesting such record within one hundred and nin
days after he has filed a written request therefor.
request for the preparation of the record of
proceedings shall be filed with the person designated
the final decision. Such person shall, within ten days
such request, notify the party of the estimated cost of
preparation of the requested record. The party request such record shall, within ten days of such notificati deposit with the person designated in the decision
amount sufficient to cover the estimated cost. If dur
the preparation of the record it appears that additio
costs will be incurred, the party requesting such rec may be notified and, if requested, shall deposit s additional amounts before the record will be completed. the cost of the preparation of the record exceeds
amount deposited, the party requesting such record exce
the amount deposited, the party requesting such rec
shall pay this additional amount. If the amount deposi exceeds the cost, the difference shall be returned to party requesting such record. Upon receiving the requi deposit, the person designated in the decision sh
promptly prepare such record in accordance with
request. Such record shall include the transcript of
proceedings; all pleadings; all notices and orders;
proposed decision by a hearing officer; the final decisi
all admitted exhibits; all rejected exhibits in possession of the city or its commission, board, offic or agent; all written evidence; and any other papers in
case. It
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EFFECTIVE DATE: This ordinance shall be effect
thirty days after its adoption; and the city clerk shall cert
the adoption of this ordinance and cause it to be published
least once in a newspaper of general circulation in the Cit]
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of
Carlsbad City Council on the 7th day of NOVEMBER , 15
and thereafter
PASSED AND ADOPTED at a regular meeting of the (
Council of the City of Carlsbad on the
1995, by the following vote, to wit:
day of
AYES:
NOES :
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
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EXHIBIT arA'm
1.16.010 (c)
"The complete record of the proceedings shall
prepared by the city or its commission, board, officer,
agent which made the decision and shall be delivered to
equesting such record within &n&y days after he has filed a written re A request for the preparation of the record of proceedings shall be filed with the person designated
the final decision. Such person shall, within ten days
such request, notify the party of the estimated cost of
preparation of the requested record. The party request
such record shall, within ten days of such notificati
deposit with the person designated in the decision amount sufficient to cover the estimated cost. If dur the preparation of the record it appears that additic costs will be incurred, the party requesting such rec
may be notified and, if requested, shall deposit E
additional amounts before the record will be completed.
the cost of the preparation of the record exceeds
amount deposited, the party requesting such record exc6
the amount deposited, the party requesting such rec shall pay this additional amount. If the amount deposj exceeds the cost, the difference shall be returned to party requesting such record. Upon receiving the requj deposit, the person designated in the decision st
promptly prepare such record in accordance with request. Such record shall include the transcript of
proceedings; all pleadings; all notices and orders;
proposed decision by a hearing officer; the final decisj all admitted exhibits; all rejected exhibits in possession of the city or its commission, board, offic or agent; all written evidence; and any other papers in case o It
(Additions are highlighted, deletions are Pined out.)