HomeMy WebLinkAbout1992-09-22 - AGENDA REPORTS - TIME LIMITS CHALLENGE DECISION (2)AGFNnA RFPnRT
City Manager Approv 1
Item to be presented Lb
Lynn M. Harris/7� %; ���
CONSENT CALENDAR
DATE: September 22, 1992
SUBJECT: Time Limits to Challenge Administrative Decisions
DEPARTMENT: Community Development
The California Government Code and Code of Civil Procedure allows the City Council to adopt a
resolution to seta time limit of ninety (90) days for any individual to challenge a final, administrative
decision of the City. The majority of the final, administrative decisions of the City will be made by
the City Council, although some decisions of the Planning Commission, pursuant to the proposed
Unified Development Code, will be final. It is to the advantage of the City to adopt this time limit
since it denotes a clear date or "bright line" on which administrative decisions of the City become
final. A resolution for adopting Section 1094.6 of the Code of Civil Procedure Is attached.
It is recommended that the City Council adopt Resolution 92-177.
Attachment: Resolution 92-177
LHS:606
Adoptee: q a
Agenda hemt
RESOLUTION N0: 92-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA, CALIFORNIA RELATING TO
ADJUDICATORY ADMINISTRATIVE HEARINGS OF THE CITY
AS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Santa Clarita does hereby find, determine and
declare that:
(a) Section 1094.6 of the California Code of Civil Procedure Is hereby made applicable
to the City.
(b) Notwithstanding any provision of an otherwise applicable law, to the contrary, any
action to contest or review any decisions of the City, its Commissions, Boards or Officers, shall
be filed with a court of competent jurisdiction no later than ninety (90) days following the date
on which the decision becomes final, as defined in Section 1094.6 of the Code of Civil
Procedure, which section is incorporated herein by reference.
(c) When any decision made after an adjudicatory administrative hearing 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, is final, notice of the decision shall be mailed to the part affected by.it at his last
known address and shall advise the party that the time within which judicial review may be
sought is governed by Section 1094.6 of the Code of Civil Procedure.
SECTION 2. The City Clerk shall certify to the passage of this Resolution.
PASSED, APPROVED AND ADOPTED this _day of . 1992.
Jill Klajic, Mayor
ATTEST:
Donna M. Grindey, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF SANTA CLARITA)
I, Donna M. Grindey, DO HEREBY CERTIFY that the above and foregoing Resolution was duly
adopted. by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the
_ day of . 1992 by the following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Donna M. Grindey, City Clerk
LHS:605