HomeMy WebLinkAboutMC-216
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ORDINANCE NO.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 1.26
OF THE SAN BERNARDINO MUNICIPAL CODE TO APPLY THE TIME LIMITS OF
SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE AND TO PROVIDE FOR
PAYMENT OF ACTUAL COSTS FOR PREPARATION OF THE ADMINISTRATIVE
RECORD PRIOR TO DELIVERY THEREOF.
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THE MAYOR AND COMMON COUNCIL OF THE CI'rY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 1.26 of the San Bernardino Municipal Code
8 is amended to read:
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"1. 26.010 Adoption of time limits of Section 1094.6 of the
10 Code of Civil Procedure.
11 Any judicial action taken to review, set aside, annul or
12 vacate any decision, finding, or action taken by the Mayor and
13 Common Councilor of any commission, board, officer, or agent of
14 the City of San Bernardino shall be filed within the time limits
15 prescribed in California Code of Civil Procedure Section 1094.6.
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1.26.020 Definition of 'decision'.
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As used in this chapter, 'decision' includes, but is not
18 limited to, an adjudicatory administrative decision made after a
19 hearing suspending, demoting, or dismissing an officer or
20 employee; revoking or denying an application for a permit or a
21 license; or denying an application for any retirement benefit or
22 allowance.
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1.26.030 Preparation and payment for record and reporter's
24 transcript.
25 Upon the filing of a written request for the record of the
26 proceedings or any portion thereof, an amount estimated to cover
27 the actual cost of preparing the record shall be deposited in
28 advance with the City official preparing the record. The record
MC-216
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1 prepared by the City official shall include the transcript of the
2 proceedings, other than a reporter's transcript; all pleadings,
3 notices, orders, final decision, exhibits admitted or rejected,
4 all written evidence, and any other papers in the case. When a
5 hearing has been reported by a court reporter and the petitioner
6 desires a reporter's transcript, the petitioner shall arrange
7 directly with the court reporter for the transcript, pay the
8 reporter directly, and lodge the transcript with the court,
9 serving notice of the lodging to the City Attorney.
1.26.040 Notice of time limits.
11 Upon rendition of any adjudicatory administrative decision by
12 the City, notice shall be provided to the parties that the time
13 within which judicial review must be sought is governed by the
14 provisions of Section 1094.6 of the Code of Civil Procedure."
15 I HEREBY CERTIFY that the foregoing ordinance was duly
16 adopted by the Mayor and Common Council of the City of San
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Bernardino at an ad10urned reqular
meeting thereof, held on
the 22nd day of
, 1982, by the following vote,
October
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AYES:
Council Members Castaneda. Reillv, Hernandez,
Quiel, Strickler
NAYS: None
ABSENT: Council Member Hobbs
4P47~/ a/fh
/ City Clerk
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~ C-216
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The foregoing ordinance
of
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.If".. 'v
, 1982.
Approved as to form:
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CLty A torney
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n Bernardino