Code of Civil Procedure Section 1094.6 authorizes municipalities to establish a 90-day time limit for filing a petition for a writ of mandate to challenge decisions of the City and its Council, commissions, boards, officers and agents.
(Ord. 4013, 1979)
Code of Civil Procedure Section 1094.6 is hereby made applicable to adjudicatory administrative decisions of the City Council and City commissions, boards, committees, officers, employees and agents made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying any application for a permit or a license or denying an application for any retirement benefit or allowance. As used here-in, permit shall include applications for modifications, variances or conditional use permits filed pursuant to Chapters 28.92, 28.94, 30.215, 30.250 and 30.275 of this code. A petition for writ of mandate challenging said decisions must be filed no later than the ninetieth (90th) day following the day on which the decision becomes final. Notice of this limitation shall be given to the affected party at the time the decision becomes final.
(Ord. 4013, 1979; Ord. 5798, 2017)
Unless another effective date for an action or decision is provided in this code, the adjudicatory and administrative decisions of the City commissions, boards, committees, officers, employees and agents made pursuant to their duties and responsibilities are final on the day such decision is voiced, or, if a written decision is issued, the day such decision is issued in writing.
(Ord. 4751, 1992)
Where appeals under this section are authorized by this code, an appeal from the decision of a City commission, board, committee, officer, employee or agent may be made to the City Council as follows:
A. 
A written notice of appeal, stating the grounds claimed for the appeal and identifying in particular all significant issues, facts and affected parties shall be filed with the City Clerk within 10 days after the day such decision is voiced, or, if a written decision is issued, within 10 days after the day such decision is issued in writing. The City Clerk shall require the payment of a fee for such appeal as is provided by resolution of the City Council or as may be ordered by the City Council for the matter.
B. 
Within 21 days of receiving the written appeal, the City Clerk shall place a recommendation before the City Council for a decision to either:
1. 
Set a date for hearing on the appeal before the City Council, or
2. 
Refer the appeal to another agency, officer, commission or committee for action. A copy of the report of the City Council action, mailed to the appellant and to the City commission, board, committee, officer, employee or agent affected may serve as notice of such hearing or referral.
C. 
At the time and place of the hearing, the City Council or the agency, officer, commission or committee designated to hear the appeal, shall hear and receive any relevant information and documents, which may include such hearsay or other evidence which ordinary persons could be expected to consider in the conduct of business affairs.
D. 
The City Council or the agency, officer, commission or committee designated to hear the appeal may continue the hearing from time to time as may be required, or may grant or deny the appeal, in whole or in part.
E. 
Unless otherwise provided by the City Council, the decision of the City Council, or of the agency, officer, commission or committee designated by the City Council to hear the appeal, shall be final on the day such decision is issued.
(Ord. 4751, 1992)