The URL can be used to link to this page

Home My WebLink About2007-04-24; City Council; 18974; Municipal Code amendmentsCITY OF CARLSBAD - AGENDA BILL 10 AB# 18,974 MTG. 4/24/2007 DEPT. citY Atty. Amendment to Carlsbad Municipal Code Sections! 16 010 and 116 020 DEPT. HEAD CITY ATTY. <^2^ CITY MGR. *"SV> RECOMMENDED ACTION: Introduce Ordinance No. NS-839 amending Carlsbad Municipal Code sections 1.16.010 and 1.16.020. ITEM EXPLANATION: Carlsbad Municipal Code Sections 1.16.010 and 1.16.020 provide time limits for judicial review of decisions made by the city, its commissions, boards, officers or agents. They were adopted pursuant to state law which has been amended. This amendment makes minor changes to section 1.16.010 so that it is consistent with state law. In addition, the amendment will add several state code sections which have special time limitations as exceptions to the provisions of Municipal Code Sections 1.16.010 and 1.16.020. FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: None. EXHIBITS: 1. Ordinance No.NS-839 2. Redline Version of Municipal Code Sections 1.16.010 and 1.16.020 DEPARTMENT CONTACT: Ron Ball 760-434-2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED n' D D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D 1 2 3 4 5 NOW, THEREFORE, the City Council of the City of Carlsbad ordains 6 7 8 9 10 17 18 19 20 21 22 23 24 25 27 28 ORDINANCE NO. NS-839 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO AMEND SECTIONS 1.16.010 AND 1.16.020 OF THE CARLSBAD MUNICIPAL CODE as follows: SECTION I: That section 1.16.010(b) of the Carlsbad Municipal Code is amended to read as follows: "(b) Any such petition shall be filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for the reconsideration of the decision, or 12 for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or 13 rule, for the purposes of this section, the decision is final on the date that it is announced. If the decision is not announced at 14 the close, of the hearing, the date, the time, and the place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration, the decision 16 "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 the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for the purposes of this section upon the date it is mailed by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing to the party seeking the writ. Subdivision (a) of Section 1013 of the California Code of Civil Procedure does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed." SECTION II: That section 1.16.010(e) of the Carlsbad Municipal Code is amended to read as follows: 26 "(e) As used in this section, "decision" means any adjudicator/ administrative decision made, after hearing, suspending, demoting or dismissing an officer or employee, revoking or denying an application for a permit, license, or other -1 - 1 2 3 SECTION III: That section 1.16.010(f) of the Carlsbad Municipal Code 4 is amended to read as follows: 5 "(f) In making a final decision as defined in subsection (e) of 6 this section, the city shall provide notice to the party that the 7 8 9 The time within which judicial review of this decision 11 12 13 15 16 17 18 19 20 23 24 25 26 27 28 entitlement, imposing a civil or administrative penalty, fine, charge, or cost or denying an application for any retirement benefit or allowance." time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person responsible to issue such decision shall include in the decision a statement substantially as follows: must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with 21 As used in this section, "party" means an officer or employee (name and address of designated person) 22 who has been suspended, demoted or dismissed; a person whose permit or license or other entitlement has been revoked or suspended or whose application for a permit or license or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied." SECTION IV: That section 1.16.020 of the Carlsbad Municipal Code is amended to read as follows: -2- 1 court proceedings. 3 4 5 7 8 9 11 12 13 15 16 "1.16.020 Additional time limits for commencement of Except as otherwise provided in Section 1.16.010 of this code, Sections 65860, 66020, 66021, 66022, 66024 and 66499.37 of the Government Code and Sections 21167 and 30801 of the Public Resources Code of the state, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any city decision or action taken pursuant to this code shall not be maintain by any person unless such action or proceeding is commenced and service of summons is effected within thirty days after the date of such decision or action. Thereafter all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision, proceeding, determination or actions taken. For the purpose of this section, the terms "decision," "determination," "action taken" and "action taken pursuant to this code" shall include administrative adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, proceedings or other action taken or authorized by this code. This section shall not expand the scope of judicial review and shall prevail over any conflicting provision and any other applicable law relating to the subject." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it 18 17 to be published at least once in a newspaper of general circulation in the City of 19 Carlsbad within fifteen days after its adoption. 20 21 22 23 24 25 26 27 28 M -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 24th day of April, 2007, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the day of , 2007, by the following vote: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) 1.16.010 Time limits for judicial review. (b) Any such petition shall be filed not later than the ninetieth day following the date on which the decision becomes final. If there is no provision for the reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable decision provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date that it is announced. If the decision is not announced at the close of the hearing, the date, the time, and the place of the announcement of the decision shall be announced at the hearing. If there is a 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 the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for the purposes of this section upon the date it is mailed by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing to the party seeking the writ. Subdivision (a) of Section 1013 of the California Code of Civil Procedure does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed. (e) As used in this section, "decision" means any adjudicatory administrative decision made, after hearing, suspending, demoting or dismissing an officer or employee, revoking or denying an application for a permit et-et license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost or denying an application for any retirement benefit or allowance. (f) In making a final decision as defined in subsection (e) of this section, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person responsible to issue such decision shall include in the decision a statement substantially as follows: The time within which judicial review of this decision must be sought is governed by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking judicial review must be filed in the appropriate court not later than the ninetieth day following the date on which this decision becomes final; however, if within ten days after the decision becomes final a request for the record of the proceedings accompanied by the required deposit in an amount sufficient to cover the estimated cost of preparation of such record, the time within which such petition may be filed in court is extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the party, or his attorney of record, if he has one. A written request for the preparation of the record of the proceedings shall be filed with (name and address of designated person) As used in this section, "party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license or other entitlement has been revoked or suspended or whose application for a permit or license or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. 1.16.020 Additional time limits for commencement of court proceedings. Except as otherwise provided in Section 1.16.010 of this code, Sections 65860, 66020, 66021, 66022, 66024 and 66499.37 of the Government Code and Sections 21167 and 30801 of the Public Resources Code of the state, any legally permitted court action or proceeding to attack, review, set aside, void, annul or seek damages or compensation for any city decision or action taken pursuant to this code shall not be maintain by any person unless such action or proceeding is commenced and service of summons is effected within thirty days after the date of such decision or action. Thereafter all persons are barred from commencing or prosecuting any such action or proceeding or asserting any defense of invalidity or unreasonableness of such decision, proceeding, determination or actions taken. For the purpose of this section, the terms "decision," "determination," "action taken" and "action taken pursuant to this code" shall include administrative adjudicatory, legislative, discretionary, executive and administerial decisions, determinations, proceedings or other action taken or authorized by this code. This section shall not expand the scope of judicial review and shall prevail over any conflicting provision and any other applicable law relating to the subject.