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HomeMy WebLinkAbout1979 063 CC RESO1979 063 CC RESO(Ììò 9 RESOLUTION NO. 79-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING A STATUTE OF LIMITATIONS FOR ADJUDICATORY ADMINISTRATIVE DECISIONS PURSUANT TO SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council finds, determines and declares: a) That the Legislature enacted Chapter 276 of the Statutes of 1976 which added to the Code of Civil Procedure Section 1094.6; and b) That Section 1094.6 of the Code of Civil Procedure provides as follows: 1094.6 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 petition shall be filed not later than Y the 90th day following the date on which the decision becomes final. If there is no provision for reconsider- ation 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 provision 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 trans- cribing or otherwise preparing the record. Such record shall include the transcript of the proceedings, alt pleadings, alt notices and orders, any proposed decision by a hearing officer, the final decision, a11 admitted exhibits, a11 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 t)//-'^ 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 personalty delivered or mailed to the petitioner or his attorney or record, if he has one. BIB] 37683-U01 1979-U02 063-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO10489-U03 DO10815-U03 C6-U03 RESO-U03 3/3/2003-U04 ROBIN-U04 1979 063 CC RESO(ÌìòV Resolution No. 79-63 Page 2 e) As used in this section, decision means adjudicatory administrative decision made, after hearing, suspending, demoting or dismissing an officer or employee, revoking 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 or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied, g) This section shall be applicable in 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. SECTION 2. The City Council hereby adopts the provisions of Section 1094.6 of the Code of Civil Procedure as they apply to adjudicatory administrative decisions of the City. SECTION 3. The provisions of this Resolution shall apply to any adjudicatory administrative decision made after July 2, 1979. SECTION 4. That the City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 2nd day of July, 1979. /s/ c'. 1 MAYOR ATTEST: /s/ Thel^a L. i3a1kus THELMA L. BALKUS, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I. THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly approved and adopted by the City Council of the City of Baldwin Park at its adjourned regular meeting of the City Council on the 2nd day of July, 1979, by the following vote: AYES: COUNCILMEN Iz£11 * lifc m Aciulh.r, K, K r'^r jiit'j NOES: COUNCILMEN_ ABSENT: COUNCILMEN THELMA L. BALKUS. CITY CLERK BIB] 37683-U01 1979-U02 063-U02 CC-U02 RESO-U02 LI3-U03 FO10488-U03 FO10489-U03 DO10815-U03 C6-U03 RESO-U03 3/3/2003-U04 ROBIN-U04