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1992 CC MIN FEB 04
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1992 CC MIN FEB 04
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As the Planning Commission hears RDA projects as well, the Mayor <br />recommended the cost of the stipend be shared equally between the <br />Redevelopment Agency and the City. <br />Attorney John Brown advised that this matter should be enacted <br />officially by way of resolution, to become effective immediately. <br />City Clerk Ramos indicated that this Resolution shall be known as <br />RESOLUTION NO. R-14-92. <br />Motion by Mayor Gonzales, seconded by Councilman Lofy, to adopt <br />Resolution No. R-14-92, to allow monthly stipend for Planning <br />Commission. Unanimous vote. <br />STAFF REPORTS: <br />CITY ATTORNEY'S REPORTS AND RECOMMENDATIONS: <br />City Attorney Brown stated that often acts by means of <br />administrative decision or order following a hearing where evidence <br />is presented and ruling on facts is vested in the City Council or <br />one of the City's boards or commissions. City Attorney Brown <br />advised that California Code of Civil Procedure Section 1094.6 <br />allows the City to Adopt, by resolution or ordinance, a ninety (90) <br />day state of limitations for review of administrative "final <br />decisions," which are result of evidentiary hearings. <br />A "final decision" is defined as a "decision . . . suspending, <br />demoting or dismissing an officer or employee, revoking, or denying <br />an application for a permit, license, or other entitlement, or <br />denying an application for any retirement benefit or allowance." <br />CCP Sec. 1094.6(e). <br />Adoption of this ordinance will provide that California Code of <br />Civil Procedure Section 1094.6, et seq., will govern over any <br />conflicting provisions relating to the subject matter, except for <br />state or federal law providing a shorter statute of limitations. <br />Thus, court attacks on "final decisions" generally must be made <br />within 90 days. <br />City Attorney Brown recommended adoption of an ordinance <br />implementing provisions pursuant to California Code of Civil <br />Procedure Section 1094.6. The Agenda identified the proposed <br />Ordinance as R-14-92 and it was renumbered to correctly identify <br />the document as ORDINANCE NO. 0-06-92. Staff recommended waiving <br />full reading and to adopt First Reading of said ordinance. <br />Motion by Mayor Gonzales, seconded by Councilman Lofy, to Waive <br />Full Reading and Pass First Reading of Ordinance No. 0-6-92. <br />Unanimous vote. <br />4 <br />FEB 4 1992 <br />
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