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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 \ r- hl m m I z 0 2 a, c) d (d G .d a $4 0 a a, 0 3 a 0 k G -4 4 -4 u 2 g U Z + 0 s a d z 3 0 0 vr bnnL3cw-w - 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 W AB# /ys/ MTG, I/- 9 -'js 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 I h 1 2 3 4 5 6 7 8 g 10 11 12 Sm 13 mu? &e& a:oS owg dU-0 14 $04": ZdZ oak 15 ~->g Qtmu ZWV)" $$$6 16 0 17 F? u 18 19 20 21 22 23 24 25 26 27 28 'o> 9 '4s L5i 40-1 e 0 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 1 . 1 2 3 4 5 6 7 a 9 10 11 12 13 JOW2 JUU 14 15 am 4.08 &us ;g,& e035 mk,Z E->S ('DL 3 aai <>ma ZWO" ozJ - 16 =uqo E:? >'% 17 50 a0-J 18 19 20 21 22 23 24 25 26 27 28 0 0 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 2 .. .L 1 2 3 4 5 6 7 8 9 10 11 12 d 92- 13 zg2 14 ow2 iU.0 *>iF 15 p& g$$z 16 2,s 40<4 oksg pou E22 >2% 17 40-1 60 18 19 20 21 22 23 24 25 26 27 28 0 e 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.)