Ordinance No. 793a)k,
ORDINANCE NO. 793
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING SECTION 2 OF THE
CODE OF THE CITY OF CYPRESS BY THE
ADDITION OF SECTIONS 2 -6.1 - 2 -6.5
PERTAINING TO THE TIME PERIOD TO FILE FOR
JUDICIAL REVIEW, LIMITATION OF ISSUES
RAISED, AND FOR OTHER PURPOSES
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 2 of the Code of the City of
Cypress is hereby amended by the addition of Section 2 -6.1
as follows:
(a) As used in this Section:
1. "Decision" means a
decision subject to review
pursuant to Section 1094.5
of the Code of Civil
Procedure, 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.
2. "Party" means an officer
or employee who has been
suspended, demoted or
dismissed; a person whose
permit, license, or other
entitlement has been
revoked or suspended, or
whose application for a
permit, license, or other
entitlement has been
denied; or a person whose
application for a
retirement benefit or
allowance has been denied.
(b) Judicial review of any decision of the
City of Cypress, its City Council or of any
commission, board, officer, or agent thereof, may
be made pursuant to Section 1094.5 of the Code of
Civil Procedure only if the petition for writ of
mandate pursuant to such Section is filed within
the time limits specified in this Section.
(c) Any such petition shall be filed not
later than the 90th day following the date on which
the decision becomes final. Where there is no
provision for reconsideration of the decision in
any applicable provision of any statute, charter,
or rule, for the purposes of this Section, the
decision is final on the date it is made. Where
there is a specific provision for reconsideration,
the decision is final for the purposes of this
Section upon the expiration of the period during
which such reconsideration can be sought; provided,
that if reconsideration is sought pursuant to any
such provision the decision is final for the
purposes of this Section on the date that
reconsideration is rejected. In making a final
decision, the City shall provide notice to the
party that the time within which judicial review
must be sought is governed by this Section.
(d) The complete record of the proceedings
shall be prepared by the City, or its commissions,
boards, officers, or agents which made the
decision. Upon written request, said record shall
be delivered to the petitioner within 90 days after
the filing of the written request there for. The
City is hereby authorized to recover from the
petitioner its actual costs for transcribing or
otherwise preparing the record. Such record shall
include the transcript of the proceedings, all
pleadings, all notices and orders, any proposed
decision by a hearing officer, the final decision,
all admitted exhibits in the possession of the
City, or its commissions, boards, officers, or
agents, all written evidence, and any other papers
in the case.
(e) If the petitioner files a request for the
record as specified in subdivision (c) above,
within ten (10) days after the date the decision
becomes final as provided above in subdivision (b),
the time within which a petition pursuant to
Section 1094.5 of the Code of Civil Procedure may
be filed shall be extended to not later than the
30th day following the date on which the record is
either personally delivered or mailed to the
petitioner or his attorney of record, if he has
one.
(f) This Ordinance satisfies the requirements
of Section 1094.6 of the Code of Civil Procedure
and prevails over any conflicting provision in any
otherwise applicable law relating to the subject
matter, unless the conflicting provision is a state
or federal law which provides a shorter statute of
limitiations, in which case the shorter statute of
limitations shall apply.
SECTION II. Section 2 of the Code of the City of
Cypress is hereby amended by the addition of Section 2 -6.2
as follows:
(a) Any action or proceeding to attack, review,
set aside, void or annul any decision of matters listed in
Sections 65901 and 65903 of the Government Code of the State
of California, or concerning any of the proceedings, acts,
or determinations taken, done, or made prior to such
•
r)
decision, or to determine the reasonableness, legality, or
validity of any condition attached thereto, shall not be
maintained by any person unless the action or proceeding is
commenced within 90 days and the legislative body is served
within 120 days after the date of the decision. Thereafter,
all persons are barred from any such action or proceeding or
any defense of invalidity or unreasonableness of that
decision or of these proceedings, acts, or determinations.
(b) This Ordinance satisfies and complies with the
requirements of Section 65907 of the Government Code of the
State of California.
SECTION III. Section 2 of the Code of the City of
Cypress is hereby amended by the addition of Section 2 -6.3
as follows:
(a) In an action or proceeding to attack, review,
set aside, void, or annul a finding, determination or
decision of the City of Cypress made pursuant to this title
at a properly noticed public hearing, the issues raised
shall be limited to those raised in the public hearing or in
written correspondence delivered to the City of Cypress
prior to, or at, the public hearing, except where the court
finds either of the following:
(A) The issue could not have been raised at the
public hearing by persons exercising reasonable diligence.
(B) The body conducting the public hearing
prevented the issue from being raised at the public hearing.
(1) The City Clerk shall include in any public
notice issued pursuant to this title a notice substantially
stating all of the following: "If you challenge the (nature
of the proposed action) in court, you may be limited to
raising only those issues you or someone else raised at the
public hearing described in this notice, or in written
correspondence delivered to the City Clerk at, or prior to,
the public hearing."
(2) The application of this subdivision to causes
of action brought pursuant to subdivision (c) applies only
to the final action taken in response to the notice to the
City Clerk. If no final action is taken, then the issue
raised in the cause of action brought pursuant to
subdivision (c) shall be limited to those matters presented
at a properly noticed public hearing or to those matters
specified in the notice given to the City Clerk pursuant to
subdivision (c), or both.
(b) Except as provided in Section 2 -6.1 of this
Code and Subdivision (c), no action or proceeding shall be
maintained in any of the following cases by any person
unless the action or proceeding is commenced and service is
made on the legislative body within 120 days after the
legislative body's decision:
(1) To attack, review, set aside, void, or annul
the decision of the City Council to adopt or amend a
general or specific plan. This paragraph does not apply
where an action is brought based upon the complete absence
-3-
of a general plan or a mandatory element thereof, but does
apply to an action attacking a general plan or mandatory
element thereof on the basis that it is inadequte.
(2) To attack, review, set aside, void, or annul
the decision of the City Council to adopt or amend a zoning
ordinance.
(3) To determine the reasonableness, legality, or
validity of any decision to adopt or amend any regulation
attached to a specific plan.
(4) Concerning any of the proceedings, acts, or
determinations taken, done, or made prior to any of the
decisions listed in paragraphs (1), (2), and (3).
(c) An action or proceeding shall be commenced and
the legislative body served within two years after the
accrual of the cause of action as provided in this
subdivision, if the action or proceeding meets both of the
following requirements:
(1) It is brought in support of the development of
housing projects which meet the requirements for housing for
persons and families with low or moderate incomes set forth
in Section 65915 of the Government Code.
(2) It is brought with respect to actions taken
pursuant to Article 10.6 (commencing with Section 65580) of
the Government Code, Chapter 3 of that Division, pursuant to
Section 65589.5, 65863.6, 65915, or 66474.2 or pursuant to
Chapter 4.2 (commencing with Section 65913) of the
Government Code.
A cause of action brought pursuant to this
subdivision shall not be maintained until 60 days have
expired following notice to the City Clerk by the party
bringing the cause of action, or his or her representative,
specifying the deficiencies of the general plan, specific
plan, or zoning ordinance. A cause of action brought
pursuant to this subdivision shall accrue 60 days after
notice is filed or the legislative body takes a final action
in response to the notice, whichever occurs first. A notice
or cause of action brought by one party pursuant to this
subdivision shall not bar filing of a notice and initiation
of a cause of action by any other party.
(d) Upon the expiration of the time limits
provided for in this section, all persons are barred from
any further action or proceeding.
(e) This Ordinance satisfies and complies with the
requirements of Section 65009 of the Government Code of the
State of California.
SECTION IV. Section 2 of the Code of the City of
Cypress is hereby amended by the addition of Section 2 -6.4
as follows:
(a) No action, inaction, or recommendation by the
City of Cypress or its City Council or any of its
administrative agencies or officials on any matter shall be
held invalid or set aside by any court on the ground of the
-4-
improper admission or rejection of evidence or by reason of
any error, irregularity, informality, neglect, or omission
(hereafter, error) as to any matter pertaining to
applications, notices, findings, records, hearings, reports,
recommendations, appeals, or any matters of procedure,
unless the court finds that the error was prejudicial and
that the party complaining or appealing suffered substantial
injury from that error and that a different result would
have been probable if the error had not occurred. There
shall be no presumption that error is prejudicial or that
injury was done if the error is shown.
(b) This Ordinance satisfies and complies with the
requirements of Section 65010 of the Government Code of the
State of California.
SECTION V. Section 2 of the Code of the City of
Cypress is hereby amended by the addition of Section 2 -6.5
as follows:
Notices of Public Hearings.
All notices of public hearings to be conducted by
the City Council shall contain the following:
"Any petition for judicial review of a decision of
the Cypress City Council is controlled by the statute of
limitations provisions set forth in Section 2 -6.1 of the
Code of the City of Cypress. Any action or proceeding to
attack, review, set aside, or void any decision of the
Cypress City Council is controlled by Section 2 -6.2 of the
Code of the City of Cypress. In any such action or
proceeding seeking judicial review of which attacks or seeks
to set aside or void any decision of the Cypress City
Council shall be limited to those issues raised at the
hearing as provided for by Section 2 -6.3 of the Code of the
City of Cypress. Copies of the procedures for the conduct
of City Council public hearings are available from the City
Clerk."
SECTION VI. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, or the application thereof to any person or
place, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance or its application
to other persons or places. The City Council hereby
declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase,
or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences,
clauses, phrase or portion of the application thereof to any
person or place, be declared invalid or unconstitutional.
SECTION VII. City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and
to give notice thereof by causing copies of this Ordinance
to be posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council of
said City held on the 22nd day of February 1988, and
finally adopted and ordered posted at a regular meeting
held on the 14th day of March 1988.
iMA R OF THE CITY OF CYPRESS
ATTEST: 7
CITYRr 4-11W C Y OF CYPRESS
C�E
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF CYPRESS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Ordinance was duly
adopted at a regular meeting of the said City Council held
on the 14th day of March 1988; by the following roll
call vote:
AYES: 4 COUNCIL MEMBERS: Davis, Kanel, Mullen and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
CITY CLERK ,O THE C OF CYPRESS
6