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Home My WebLink AboutCC AG PKT 2008-04-14 #J . AGENDA REPORT DATE: April 14,2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services Quinn Barrow, City Attorney SUBJECT: INTRODUCTION OF ORDINANCE 1570 AND SCHEDULE SECOND READING AND ADOPTION SUMMARY OF REQUEST: . Introduce andcbnduct first reading of Ordinance No. 1570, amending the Seal Beach Municipal Code regarding judicial review of development agreements and the statute of limitations to challenge certain "quasi-judicial" decisions made by the City Council, and instruct staff to schedule second reading and adoption for April 21, 2008. BACKGROUND: In conjunction with the preparation of the New Zoning Code the City Attorney is recommending amendments to Title 1, General Provisions, Chapter 1.20, Review of Quasi-Judicial Decisions, regarding development agreements and updating previous Municipal Code language regarding statute of limitations provisions that were included in the Municipal Code prior to December 2004. FISCAL IMPACT: No changes in fees currently in effect are proposed. RECOMMENDATION: . Introduce and conduct first reading of Ordinance No. 1570, amending the Seal Beach Municipal Code regarding judicial review of development agreements and the statute of limitations to challenge certain "quasi-judicial" decisions made by the City Council, and instruct staff to schedule second reading and adoption for April 21, 2008. AGENDA ITEM J I\SBNAS\Users\LWhlllenberglMy DocumontslCIty Councll\200B TItlo1 Amondments.CC SR,DOC\LW\04-01-OB . . . Introduction of Ordinance 1570 and Schedule Second Reading and Adoption City Council Staff Report Apri/14,2008 NOTED AND APPROVED: C7- . .- David ~rmany U City Manager Quinn Barrow City Attorney Attachment 1 : Ordinance Number 1570, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code Regarding Judicial Review of certain City Council Decisions 2008 Title 1 Amendmenle.CC SR 2 . Introduction of Ordinance 1570 and Schedule Second Reading and Adoption City Council Staff Report April 14, 2008 ATTACHMENT 1 ORDINANCE NUMBER 1570 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE REGARDING JUDICIAL REVIEW OF CERTAIN CITY COUNCIL DECISIONS . . 2008 TIlle 1 Amendmon1s. CC SR 3 . ORDINANCE NUMBER 1570 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE REGARDING JUDICIAL REVIEW OF CERTAIN CITY COUNCIL DECISIONS THE SEAL BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Councll hereby amends Seal Beach Municipal Code (SBMC) Section 1.20.015 relating to judicial review of certain city decisions by adding new subsections C and 0 thereto to read as follows: "C. Develooment Aoreements. Any Judicial review of an Ordinance approving a development agreement shall be by writ of mandate pursuant to Code of CMI Procedure Section 1085 or any successor statute; and Judicial review of any City action as to a development agreement, other than Initial approval of a development agreement, shall be by writ of mandate pu rsuant to Code of Civil Procedure Section 1094.5 or any successor statute. D. Statute of Limitations for Actions Challenoino Certain Decisions. No court action or proceeding to challenge, review, set aside, void or annul (hereinafter collectively "challenge" In this subsection D) any decision as to: 1. The General Plan or any matter mentioned In Tltles 10, 11, and 12, other than development agreements; . 2. Any proceedings, acts or determinations related to such decision; or 3. Any condition Imposed In connection with such decision, shall be maintained unless such action or proceeding Is commenced within 60 days after the effective date of such decision. No action or proceeding to challenge any decision as to a development agreement shall be maintained unless the action or proceeding Is commenced within 90 days after the effective date of the decision. Failure to timely file a challenge bars any action or proceeding or any defense of Invalidity or unreasonableness of such declslon, proceedings, acts, determinations or conditions." SECTION 2. The City Council hereby amends subsection H of SBMC Section 1.20.005 relating to burden of proof In appeals to read as follows: "H. Burden of Proof. Unless otherwise provided by law or with respect to appeals of decisions made pursuant to Titles 10, 11 and 12, the burden Is on the city to show the decision that is being appealed Is reasonable and not an abuse of discretion." . SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof Is for any reason held to be Invalid, such Invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council hereby declares that ~ would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, Irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared Invalid. Ordinance Number 1570 . PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeUng thereof held on the day of , 2008. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, CalHomla do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting held on the 14th day of Aorll , 2008 and was passed, approved and adopted by the City Council at a meeUng held on the _day of 2008 by the following vote: AYES: Councilmembers: NOES: Councilmembers: . ABSENT: Councllmembers: ABSTAIN: Councllmembers: And do hereby further certify that Ordinance Number 1570 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk .