HomeMy WebLinkAboutResolution No. 6521RESOLUTION NO. 6521
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA MAKING APPLICABLE TO ACTIONS
TAKEN BY THIS CITY THE PROVISIONS OF SECTION
1094.6 OF THE CODE OF CIVIL PROCEDURE.
The City Council of the City of Azusa does
resolve as follows:
SECTION 1. That based upon the recommendation
of the City Attorney, and other members of the City Staff,
the provisions of Section 1094.6 of the Code of Civil Procedure
are hereby declared to be applicable to all actions of this
City Council, and all other City officers, employees,"agents
and City Commissions thereof.
SECTION 2. The City Clerk shall certify to the
adoption of this resolution.
1977.
Adopted and approved this 2nd day of May ,
- J"/Z�gnz
If Mayor
I hereby certify that the foregoing resolution was
duly adopted by the City Council of the City of Azusa at a
regular meeting thereof held on the 2nd day of May
1977, by the following vote of the Council:
AYES: Councilmen: Decker, Fry, Cruz, Arkison, Solem
NOES: Councilmen: None
ABSENT: Councilmen: None
City Clerk
1 /
i
.tint superior court's denial
writ of mandate to sat
estate commissioner's or -
or estate and opportunity
issued to petal oner, the
r appeal could not make a
on as to which of the wit-
conllictng testimony were
belief Id
fees
,ancys' fors to publicly if -
,vice organl AtiouN were not
I •age first they were made
t eficclwl value or smvices
,.Its attorneys xberc, trial
•.1 that lateN (It "Melt it
,lots awarded was within
I preanlling conPensulinn
,,is In geograpldenl area for
Bypolite v Carlegon
,,it. 221, 62 C.A 311 666.
1 who Is entitled to altor-
'cr Provlslons of \pelf &
.say not he held to have for-
linee he hid succesafill-
.1 class is well Its his a\\11
n,rne)e' fees to publicly if-
atee organlzntlona were not
""'is
on ground that olganl-
submit n "correct cost ac-
nlrt in order to Insure that
t realize a "profit" where
nnined that mnount award-
,<ntia did not represent n
n excess of actual cost of
de oraW fees in foam' of
faun,] cligiblo to receive
-Ills In fnrm of old to fnnd-
dent children by reason of
J.Ition of the department of
.vasnot Improper b) reason
No
frtvorrd others -were
••d to benefits flat who find
iline administrative course.
ourt review of evldenllnry
homistrative decision sub -
ling a fundamental vested
ae novo; review should he
,�eord In the administrative
v Civil Service Commisalun
If City of Bakersfield (1975)
2. 47 C.A.3d 224.
I complete trials de nava
•Dninlstrallve re New le not
fact Batt a full recon) of
live procedures was not
•1 case lire parties mny re -
u cord or, If thry are unable
new hearing mulct he ]'old
:a record. Brolley a CITY
^74) 117 Cal hair. 613, 43
,.went of findings by agency
nd comfy employee,' retire -
II be excused If such findings
tar agency's decision. Maho-
I,mnBit. (1993) 106 City dC I ltptr
ildllly of Petitioner to make
,art an ndenunte lerod of
prtrcediugs r: hen adndnis-
annq proceeding Is brought.
to do that, presumption of
I govall Alford v. Plerno
=Pur. 110, 27 C A.M 682.
�.iiadniin ntlnf bleaaandroved ProIn
disrlplme was not
to petitioner had made no
a kind why evidence of hiss
Leen made part of rec-
bidnistrative level and, even
Ting officer nor board would
It, that would not excuse pe-
•lro to even offer It. ,Barkin
CODH' OF CIVIL PROCEDURE § 1094.6
v. Board of Optometry (1969) 75 Cal Britt.
It Is proper In mandate proceedings to
337, 269 C•A.2d 714
prc,enl all or part of record before the In -
In mandamus proceeding lu superior
ferlor tribunal. Lecs v Bay Area Air Pol-
court by county to challenge authority of
lutlon Control Dlsl (19655) 48 Cal Rptr. 295,
director of department of social welfare to
239 C.A.2d 850.
hold a hearing at re near of one whose aid
26. Time
for needy children had been terminated.
and challenging decision of director, auperl-
Petition far writ of "ndminlstrntive"
or court did not err In refusing to permit
tnandnte filed 71 days after derision of
director of depar4uent of motor vehicles
county to inlrodwe Rddilfonal etidence be-
cause certain portions of tape recording de-
suspending an oprmlor's license xas time -
uco used before referee were unintelligible.
ly. Cameron v Director. Dept. of Motor
Vehicles (1973) 106 Cal Bide. L37, 30 C
where Inaudible portions were Intelligible
.\.3d
R47
by resort to remarks preceding and follow -
,orinaudible portions. Madera County v
Holcomb
26. JuryY teal
A
(1968) 6G Cal.Rptr. 428, 259 C.A.2d
226.
pet net for relief in ndmiuistrntivc
mnndnmus Is pursuing a tcmedy which
In mandamus proceeding to annul order
fundamentally mea In equity; hence, he Is
of Board of Medical Examiners revoking
Ian entitled to a Jury trial City of Mean-
physlcians' license to Practice medicine.
twin %'fe-w v Superior Court for Santa
Board was required to Introduce Into record
l-Iarn County (1975) 12G CRI Itpir. 358, 51
evidence supporting medical conclusions not
C A 3d 72.
appropriate for judicial notice, and only
27. Remand
then could trial Judge effecllaely underlrtke
Independent
Where , In den))Ing clairm nt's request
review of weight of evidence.
for wilt of mandate ordrrine unenminv-
Is rosponslbllily of petltioner to make inueo of consider guidelines of equal cal-
flable to court nn adequate record of Constitutio all provisions, ore ecutive orstate
Idnistralive Proceedings When adnlnis- der Pertaining to employment discrinral-
lve mandamus Proceeding Is brought lion In banks• all applicable law ]in,] not
If he falls to do that, presumption of been considered, mud matter would thus be
ability will prevail. Cons, N. City of remanded for new trial Jc novo Prescnd
mont !1967) 68 Cal.Rptr. 664, 250 C.A. v. California Unemployment Ins. Appeals
668. lid (1976) 127 Cat Rptr. 540, 57 C.A.3d 29.
§ 1094.6 Judicial review; decisions of local agencies; petition; filing; time; rec-
ord; decision and party defined; ordinance or resolution
fn) .Judicial review of tiny decision of n local agency, other than schaml dis-
trict, :is the term local ngency 19 df incl In Section ,4051 of the Oolernnient
Coyle, or Of any commission, board, officer or agent thereof, fully hit hal parsu-
ant to yectlon IOfN.S of this role only If the Petition for writ of mnnihde pursu-
ant to such section is fllcvl within (lie time ]knits specified it, this t,ection,
(b) Any such petition 9111111 be filed not later that) the !10th flay following the
date on which the decision becomes firm]. if there is no provNion for tt•rnrsidera-
tlon of the decision in any applicable pintision of any statute, charter, or lull,
for the, purposes of this scellon, the decision is final ofl the dale it IN made. if
there 14 snob provision for rreonsukrat inn, the decision is food for the purposes
Of this section upon the expiration of the period during which such aecon'idelu-
Man end he sought; proOded, that if reconsidernton is sodght parnnllut to nny
such provision the decision is final for the pmrposns of this section on Ili(- flat( -
that reconsideration is rejecter].
(c) The complete record of the proce(-diugs shall Is, prepared fly do, local ugem•v
or its commission, board, officer, or agent which fluid(, the decision and shall le
delivered to the Iehlioner within 00 dnys nft(,r he ling filed if y%ritlon uspmst there-
for. The local agency Billy recover tram the Is•Iltioner its actual ras1, for tran-
scribing or otherwise preparing the record. Such record shall include Iho tran-
script of fire proceedings, nil pletlings, :111 notices unit orders, any proposed doei-
R1on by n hearing officer, the final decislnn, sill admitted e\hubils, ;III rejected
exhibits in the possession of fill- local agehe-Y a1' its rnuunis�inu, board, officer.
or agent, fill written evidrnm, and nny of her pals•rs ha the core
(d) If file petitioner files a lea)ur.t fila the mood as sp(-evied in snL(tivi'loll
(c) within 10 day's after the (title the decision becomes film] its provided in sub.
division fb), the time within which a peliliou put'snnul fn Nerlinn 111!)45 m:q nue
filed shall he extended to lint hoer than the :14111 day following the dale oil which
the record IN either persontilly delli,elcl or nulled In the Ietitiouer or his allot ny
of record, if he ling one.
(P) As used in this section, doelgiml factors nrljudlcalory adnduistralke dc•Ispo
inade, after hearing, snspenddng, drunoling, or dlamissing nu Officer or (-npluycv,
revoking or denying all implication for it Is•rnnit or n IlecuRv, or denying an appli-
cation for tiny retirement benefit or nllownuce.
271.
§ 1094.6 CODE OF CIVIL. PICOCEDUIZE
(f) In making n fival dec•ISion :1, defined ul tllslivl<iuu lei, the local agency
shall lirmide notice to the pawn' that the Ilam within whlclt jnlietal renew nmSt
be Sought is golernell by this section. -
Av used in thin sulelivi<lou, "party" mean< fill officer of vngdoyre who bac bet•u
suylended, denoted or diiull.�ced: it prrnun nhoSr permit or Been,• hue been re-
voked or whose application fill s lierndt or livense has bc•u denied; or :t person
whose application for :1 retircull•nl benefit or allowance ling been denied.
(g) This section shell be, appl lel ble inn local agency only if III,- govern Ing hn:nd
thereof adopts nn ordlnnntl• or lewluhon making this wetion applicable If 'licit
ordinance or resolution is adopted, the prollSiunq of this ivetiuu shall aloud mer
any conflicting provision in any ollnerw•i9e applicable law relating to the Subject
matter.
(Added by Statc.1976, r. 276, p, —, 1 l.)
Library References
Administrative I,aw nod Procedure ('.J 5 Public Ldnliulstralhe Imdb!s and
(}722. I'tocedure 1 193.
1 1095. Judgment for applicant; damages; peremptory well; officer of public en-
Alty as respondent
If judgment be'given for the applicant, he may recover the damages which he
has sustained, ns found by the jury, or as nay he determined by the court or
referee, upon a reference to be ordered, logpthcr will) costs; and for such damages
and costs all execution may issue; and n lu•renlplory mandate noi,f also he award.
ed without delay; provided, however, that in all cases where the rocpondent is
* * * an officer of a public entity, nit dauugca and costs, of either, which fully
be recovered or awarded, shall be recovvred and awarded against the. * * *
public entity represented by Such o01cer and not agar ist such uflirer so appearing
III said proceeding, and the same shall be n proper claim agalust the * * * public
entity for which such oIDeer shall have appeared, fall shall he p:ud as other claims
against the * * * public entity are paid; but in all such cases, the court shall
first determine that the officer nppearal and made defcmc in Such pnot•cediag In
good faith. For the purpose of this srclnon, "public entity" Includes tine State,
a county, city, district or other public agency or public corporation. For the pur-
pose of tills smtlon, "officer" includes officer, agent or employee. IAc nnnendrd Stals.
]:Ilia, c. IUS1, p.:f1S•i, 1 aJ
Applicability of Stats .1963, r. 1681. V 3266, 1. In general
see time under Government Code 1 810 Artium by as,lsbmt professor seeking
1963 Amendment. Suhstituted references mandamus, derlatalnry relief and danbnge,
to public entities and officers of public r11- %,fill n•soect to denial of tenure was not
tiLic< in lieu of slate, county or i nu lelpal ninut by tc.son of fart that plailltlff wa,
corporations and omcers of slate, ronut), granted tenure effechio Plateh 1 1972,
or municipal corporations: and added the where he aa, entitled to leuume slid to ,al -
second anti third sentences my and serviro benefits nccrtdng thmeto
Law Revision Commission Comment: fleas Hyena beginning
egilnin Inma n live Uo -1371 nra
The 1963 amendment mnke, thi, sec lion '1972 107 Cal It 1o,tr, 696
pp
apply to all public Pu Citic, a ... I to agents ) p
and employees as well as officer, Provision of til, section flint where,
Forms: See \Pest's California Code judgment for lit of ldnnnagevilate l granted
Forms, Civil Procedure.
Law Review Commentaries did not create Ilnhiiily on Part of state
Tort liability resulting from design of • to any intcrc<t to Irersmts fun w•bwr behalf
public properly. K. L. Chotiner (1968) 43 writ of mandate was t,nmnd to cuuq,el
refund of niter vehlrle reglstnlllon fees.
S liar J. 233, h,.en,c fees and Venallyy Vald under pro-
Library'referenees lest and threat of selanre. Glbbmn, &
Roveroign Immunity study Cal I.aw Re- Recd Co v Uel, rinlrnt of Motor l hh le<
vbdon Conlin. (1963) Vol. 5 it 67 (1963) 33 Cal ltptr. 927, 2211 C A 2d 277.
Tort liability of Public entities and put)- Ue-lonninalnon in mandate proreedho;.
tic employees; recommendation Cal.l.aw that disndbsal of appeal front revecntion
Rev islon Comm. (19GJ) Vol. 4, P. 807 al of liquor lireo" as, unlunely was Miller,
see. barred further inquiry iglu Ilial nu•<t on.
though Supreme Count subaequvnty detau-
proved holding In that rn,r, llall)wund
Supplementary Index to Notes Circle, Inv, v UCMarinneut of Alrghullr
Pl Y •lteverage Control (I!Ir,q 11 Cnl Ular. 101,
Construction with other laws 1.2 361 P.2d 712. 65 C 2.1 729
Good faith 10Where, 1 1096 relating to matter M ro,t9
Interest 3.5 ' generally and lhi, beckon dealing speracal.
Municipal corporations 6.5 ly with rusts In mandate natters were not
Underline Indicates changes or additions by amendment
272
consistent, with
nection with to,
statute,6 1029, u
flea denting spec.
lore. Mitchell v
No
P.2d One 411,o 164oC
1.2 Construction
This section In,
be ghen fqr the
tyle datttng es wlr
found by lite Joe,
by the court of
peremptory Mand
without delay^ dl.
11 818.4. 821 2 pro -
entity or public en
by refusal to Issu
p oyce Is authori:
Permit should be I
Court of Orange f
497, 624 P.2d 1281
3.5 Interest
Well. R Inst C
review under 1 un
eligibility for we'
n and
i, aro
r flu
man,l
as
against board and
and back pay yl
San Francisco unlll
CnLRplr 739. 394 1
Successful Parti,
seeding to compel
registration fees, 1,•
Paid under prole'.
were not entitled
Period either here
Gibbons & Reed (-n
for Vehlcle., 09c9)
2d 277.
4. Form and conte
der
Once an allernnn
in mandamus ❑cot
Ilary.shell beina
hearing terated
thanby ndnuLe ,,,Ithe j... olent shouh�
the writ ao -11
menta also nppl,
Court of San perms,
Cal Itptr 600.291'.1
5. Costs—In genera,
Court coats In ct,
tion for writ of ma
ns ,.
v er r.
was n
)ung ,
eats 1
Asterisks* * * Ind -
Is UI Cafe -19
1976 P P