It is the declared purpose of this chapter to make the provisions of Section 1094.6 of the California Code of Civil Procedure applicable to decisions of the city, or of any commission, board, officer or agent thereof. The provisions of this chapter shall prevail over any conflicting provision in any otherwise applicable law, ordinance, or rule relating to the subject matter.
(Ord. 3708 § 1, 1983)
For the purposes of this chapter:
"Decision"
means a decision subject to review pursuant to Section 1094.5 of the Code of Civil Procedure, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit, license or other entitlement, or denying an application for any retirement benefit or allowance.
"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means an officer or employee who has been suspended, demoted, or dismissed; a person whose permit or license has been revoked or whose application for a permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied.
"Petitioner"
means a person who has filed for a petition for writ of mandate pursuant to Section 1094.5 of the California Code of Civil Procedure.
(Ord. 3708 § 1, 1983; Ord. 3733 § 1, 1984)
Judicial review of any decision of the city, or of any commission, board, officer, or agent thereof, may be had pursuant to Section 1094.5 of the California Code of Civil Procedure only if the petition for writ of mandate authorized by said section is filed within the time limits specified in this chapter.
(Ord. 3708 § 1, 1983)
Any petition for writ of mandate authorized by Section 1094.5 of the California Code of Civil Procedure must be filed no later than the ninetieth day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision in any applicable provision of any statute, ordinance, or rule, for the purposes of this chapter, 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 chapter 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 chapter on the date that reconsideration is rejected.
(Ord. 3708 § 1, 1983)
The complete record of the proceedings at which the decision was reached shall be prepared by the city or its commission, board, officer or agent making the decision and shall be delivered to the petitioner within one hundred ninety days after the filing of a written request therefor. The city may recover its actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits in the possession of the city or its commission, board, officer or agent, all written evidence, and any other papers in the case.
(Ord. 4852 § 2, 2006)
If the petitioner files a request for the record as specified in Section 1.32.050 of this chapter within ten days after the date the decision becomes final as provided in Section 1.32.040 of this chapter, the time within which a petition pursuant to Section 1094.5 of the California Code of Civil Procedure may be filed shall be extended to not later than the thirtieth day following the date on which the record is either personally delivered or mailed to the petitioner or the attorney of record.
(Ord. 3708 § 1, 1983)
In making a decision as defined in Section 1.32.020(A) of this chapter, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this chapter and Section 1094.6 of the California Code of Civil Procedure.
(Ord. 3708 § 1, 1983)