HomeMy WebLinkAboutCC AG PKT 2008-04-21 #E
.
AGENDA REPORT
DATE:
April 21, 2008
TO:
THRU:
Honorable Mayor and City Council
David Carmany, City Manager
FROM:
Lee Whittenberg, Director of Development Services
Quinn Barrow. City Attorney
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE
1570
SUMMARY OF REQUEST:
.
Conduct. second 'reading"'ahd~'adopt . Ordinance' .Number..Ordinarice....No... 1"570',"" .
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.
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.
This ordinance was introduced by the City Council on April 14, 2008.
FISCAL IMPACT:
,
No changes in fees currently in effect are proposed.
RECOMMENDATION:
Conduct second reading and adopt 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.
.
AGENDA ITEM E
\\SBNAS\Users\LWhlttenberg\My Documents\City Council\200a Title 1 Amendments.CC SR 2.DOC\LW\04-1S-Da
Conduct Second Reading and Adopt Ordinance 1570
City Council Staff Report
April 21, 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
.
.
200a Title 1 Amendments.CC SR 2
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 Council 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 D thereto to read as follows:
"C. Develooment Aareements. Any judicial review of an
Ordinance approving a development agreement shall be by writ of
mandate pursuant to Code of Civil 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 pursuant to Code of CMf
Procedure Section 1094.5 or any successor statute.
D. Statute of Limitations for Actions Challenaina 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 Titles
1 a, 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 decision, 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 1 a, 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 it 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 meeting thereof held on the 10th day of March, 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, California do hereby certify
that the foregoing Ordinance was introduced for first reading at a meeting held
on the 10th day of March, 2008 and was passed, approved
and adopted by the City Council at a meeting held on the 21 st day of
Aoril , 2008 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
.
ABSTAIN: Councilmembers:
And do hereby further certify that Ordinance Number 1567 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
.