HomeMy WebLinkAbout03/21/1989, C-7 - JUDICIAL REVIEW OF FINAL CITY ADMINISTRATIVE DECISIONS MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBER(�/L f
Wamo,FROM: Roger Picquet, City Attorney
SUBJECT: Judicial Review of Final City Administrative.
Decisions
CAO RECOMMENDATION
Adopt resolution establishing 90-day time period within which
judicial challenges may be made to final administrative or
quasi-judicial decisions of Council, advisory bodies, or
staff.
The resolution attached to this report is presented to the Council for its
consideration in order to establish time limitations for judicial review
of city administrative decisions. The resolution would require that legal
actions challenging a city decision be filed and served upon the City
within 90 days of any final action taken by the City or its advisory
bodies or employees. The authority for cities to establish time
limitations for judicial review, and specifically a 90-day limitation, is
set forth in the California Code of Civil Procedure, Section 1094.6
(attached) . In the absence of such resolution, the time limitations would
vary depending on the City action challenged but would, in almost all
cases, be longer than 90 days. Some challenges could be filed as long as
one or two years after the decision. Presenting and preparing an adequate
administrative record, of course, is proportionately more difficult with
the passage of time. It is in the City's interest to require a prompt
challenge to its actions so That their validity is not left in doubt for a
long period.
Individuals affected by final City decisions must be provided notice by
the City that the time within which judicial review must be sought is
governed by Section 1094.6. A simple statement "Any judicial review of
this decision must be made within the time set forth in Code of Civil
Procedure Section 1094.6" on the resolution adopting a decision will
suffice.
There is no fiscal impact associated with this proposed action.
Attachment: Draft Resolution
RESOLUTION NO.
O RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
ADOPTING THE PROVISIONS OF THE CODE OF
CIVIL PROCEDURE SECTION 1094.6 AS BEING
APPLICABLE TO FINAL DECISIONS OF THE
CITY OF SAN LUIS OBISPO
WHEREAS, Section 1094.6(8) of the Code of Civil Procedure permits
the governing body of a local agency to adopt a resolution making Code of
Civil Procedure Section 1094.6 applicable to such local agencies: and
WHEREAS, the City Council of the City of San Luis Obispo finds and
determines that such will provide an orderly and reasonable procedure for
the review of administrative and quasi-judicial decisions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Luis Obispo that the provisions of Section 1094.6 of the Code of Civil
Procedure of the State of California .are applicable to the final
administrative and quasi-judicial decisions of the City of San Luis
OObispo.
On motion of seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1989.
MAYOR RON DUNIN
ATTEST:
CITY CLERK, PAM VOGES
O
Resolution No. (1989 Series)
Page 2
APPROVED:
City Ad inistrative Officer
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