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Home My WebLink About81-72RESOLUTION NO. 8]-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE OF THE STATE OF CALIFORNIA WHEREAS, Section 1094.6 of the Code of Civil Procedure of the State of California provides for judicial review of decis- ions of local agencies, including cities and commissions, boards, officers or agents thereof, and the procedure for obtaining judicial review and the time limitations thereon, and, 19. 18 19 WHEREAS, said Section 1094.6 limits the period for filing a petition for judicial review of such decisions not later than the 90th day following the date on which the decision becomes final, and, WHEREAS, it is to the best interest of the City of Ukiah and the inhabitants thereof to employ the provisions of saidl section in the government of the City of Ukiah, and, WHEREAS, said section is applicable to the City only if the City Council adopts an ordinance or resolution making this said section applicable, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that it does adopt the provisions of SectionAl 1094.6 of the Code of Civil Procedure and all parts thereof to provide for judicial review as provided therein. A copy of said section 1094.6 is attached hereto and, by reference, made a part hereof. //// iiii //// PASSED AND ADOPTED this 20th day of May, 1981, by the following roll call vote: AYES: Councilmembers Hickey, Feibusch, Snyder, Riley, Myers Mayor !i NOES: None 4 ~ ii ABSENT: None 8 ii ATTEST: 10 City Clerk 1E 16 17 18 19 20 21 22 23 24 25 26 27 28 de lo .' or ,~ ,,~ ~ or ~ol~ion . a~ncy, o~er th~ ~! d~c~ ~ ~e a~ncy 5 defin~ ~n ~on ~951 of ~ ~v~ment ~e, or of any ~mm~ion, ~, offi~ or a~nt ~e~f, may ~ h~ pu~uant ~ ~on 1~ of ~e only Jf ~e ~tition for w~t of ~nda~ p~uant ~ such ~on ~ fil~ within the ~me limi~ (b) Any su~ ~on ~I1 ~ fil~ not la~ tbe ~th day following ~e da~ on wM~ ~e d~ion ~m~ fi~. If the~ ~ no p~on for a~on of ~ d~ion in any appli~ble p~Jon of any s~tu~, ch~, or ~le, for ~e pu~ of ~on; the d~on is final on ~e ~ It ~ ~e. the~ 2 su~ ~ion for ~o~id~on, ~e d~- sion 2 final f~ ~e pu~ of ~ ~on u~n expi~on of ~e ~ du~n~ which su~ ~d- e~on ~n ~ sought; p~vid~, t~t tf ~o~d~* ~on ~ ~ught pu~uant ~ ~y such'p~v~ion d~ion is fill for ~e pu~ of th~ ~on once , (c) ~e ~mple~ ~o~ of the p~n~ p~p~ By ~e l~ ~ncy or i~ ~mm~ion, offi~r, or ~ent which m~e the d~on and delive~ ~ the ~on~ within ~ da~ ~r he fil~ a w~t~n ~u~t tbe~or. ~e 1~ ~ncy ~y ~v~ f~m ~e ~on~ i~ ~tu~. ~ f~ ~ shall in~ude ~q.~~pt of ~ p~~, ~1 pl~in~,' ~l n°~ and o~[:'~ d~on by a h~n~ offi~,' ~e fi~ d~ ~mit~ exMM~'; ~1 mj~ exh~i~ In ~e sion of ~e 1~ ~ncy or iM ~mm~on, off~, or ~n~ ~1 w~t~n evident, ~d / ,- (d) If the petitioner files a requewt for the record as specified in ,ubdivis/on (c) within 10 day~ after the date the decision becomes final as provided in ~ubdi- "vision Co),'.the t/me within which · petition pursuant .,.to Section 109t5 may be id.ed shall.be extended to not later than'the 80th day following-the date'mi - which the' record 'b' either personally-' delivered or · ma/led to the petitioner or his attorney of record, if he has one. ,,;. ,'/' ~ , ~ ' , , . .,:~ :' ;: (e) As' used in ' this "section; 'decisio~ means adjudi: catory administrative decision made, after, hearing, suspendin8',: 'demoting, or dismissing an officer or employee, revoking or denying an application for a ' permit or a ]icense, or denying an application fo]: any retirement benefit or allowance. · (f) In making a final decision as defined in subdivi- sion (e), the local al~,ency shall provide notice to the party that the time within which judicial review must be sought, is governed by this section. : .. -. t :''As used in this subdivision, "party" means an · 'officer or employee who has been suspended, demOt- ed or dismissed;' · person whose permit or license has been' revoked or whose application for a permit or license has been' denied; or · person whose applica- tion for · retirement benefit or allowance has been ,.denied.' · ' ~,- ..!' , ,~ : .,. ~ · (~)This 'section shall be &pplicable in · local - agency only if the governing beard thereof adopts an ~ ordinance or resolution makin~ this .ection ·pplica- : ble, -If such ordinance or resolution ia adopted, the provisions, of, this section' ah·Il prevail over any · 'conflicting 'provision in any otherwise applicable law ,, relating ,to the subject matter .... · (Added by Stat~9~6,,