Chapter 1.06
JUDICIAL REVIEW OF CITY DECISIONS
Sections:
1.06.010 State law applicable.
1.06.020 Judicial review – 90-day limit.
1.06.030 Record preparation – Costs.
1.06.010 State law applicable.
Pursuant to the provisions of Section 1094.6 of the Code of Civil Procedure, the provisions of said section are made applicable to the decisions of the of all commissions, boards, officers and agents of the City of Elk Grove, except where a limitation of actions is otherwise provided by this code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
1.06.020 Judicial review – 90-day limit.
Judicial review of any decision subject to the provisions of this chapter and Section 1094.6 of the Code of Civil Procedure may be had only if the petition for judicial review is filed within ninety (90) days after the decision becomes final; provided, that pursuant to the provisions of Section 1094.6(d) of the Code of Civil Procedure, if the petitioner files a request for the record within ten (10) days after the date the decision becomes final, the time within which a petition for judicial review may be filed shall be extended to not later than the thirtieth (30th) day following the date on which the record is either personally delivered or mailed by first class certified mail, return receipt requested, to the petitioner or his attorney of record, if he or she has one. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
1.06.030 Record preparation – Costs.
A. As provided in said Section 1094.6, any person who requests preparation of the administrative record shall be responsible for payment of the actual costs of transcribing or otherwise preparing the record. Actual costs shall include, but not be limited to: the salary and fringe benefit rates of pay by the City to personnel for time consumed in typing a transcript and reproducing, assembling and compiling the transcript and exhibits; the unit cost (including prorated rental) of equipment utilized in reproduction; the cost of materials and supplies; and the cost to the City of having a transcript typed when testimony has been recorded by a court reporter. Each board, commission, officer, employee or agent whose decision will be subject to the limitations established by this chapter may, from time to time, by resolution in the case of such boards and commissions and by written order in the case of such officers, employees and agents, determine and promulgate unit costs of preparing the record.
B. Before commencing preparation of a transcript or other record, the officer or employee responsible for preparation shall estimate the actual total cost. Preparation of the record shall not be commenced until the person requesting preparation of the record has deposited the full amount of the cost estimate.
C. If the deposit exceeds the actual cost, the difference shall be refunded. If the actual cost exceeds the estimate, the difference shall be paid when the record is delivered.
D. The limitations of action period shall not be extended, pursuant to the provisions of Section 1094.6(d) of the Code of Civil Procedure or EGMC Section 1.06.020, beyond ninety (90) days after the decision becomes final, unless the petitioner deposits pursuant to the provisions of subsection (B) of this section the estimated actual total cost of preparing the transcript within ten (10) days after he has been furnished with the written estimate of such cost. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
1.06.040 Notice.
Every written decision or notice thereof to which the provisions of this chapter and Section 1094.6 of the Code of Civil Procedure apply shall refer to and be accompanied, by attachment, by a copy of the provisions of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]