Ordinance 1837CITY OF AIAMEDA ORDINANCE NO. 1837
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
CHAPTER 6 TO TITLE II THEREOF PROVIDING A STATUTE OF
LIMITATIONS FOR MANDAMUS ACTION AGAINST CERTAIN
ADJUDICATORY ADMINISTRATIVE HEARINGS AND ESTABLISHING
PROVISIONS FOR OBTAINING ADMINISTRATIVE RECORD OF
CERTAIN ADJUDICATORY ADMINISTRATIVE HEARINGS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 11. The Alameda Municipal Code is hereby amended
by adding Chapter 6, consisting of Sections 2--611 through 2 -632,
to Title II thereof, to read as follows:
CHAPTER 6 ADMINISTRATIVE RECORD
AND JUDICIAL REVIEW
Article 1. Purpose and Definitions, 2 -611
Article 2. Administrative Record, 2 -621
Article 3. Time for Judicial Review, 2 -631
Article 1 Purpose and Defini
Sec. 2 -611 Purpose The purpose of this Chapter is
to make applicable the provisions of California Code of
Civil Procedure Section 1094.6 to appropriate proceedings
conducted by officers, Boards, Commissions or the City
Council of the City of Alameda. All words used herein
shall have the meaning given them by Section 1094.6.
"Decision making body" shall mean the officer, board, com-
mission or the City Council making a decision not review-
able by another officer, board, commission or the City
Council.
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Article 2 Administrative Record
See. 2 -621 R equest for Administrative Record
A party may request a complete record of a proceeding sub-
ject to review pursuant to California Code of civil
Procedure Section 1094.5. The Secretary or Clerk of the
decision making body shall prepare and deliver such record
to the party within ninety (90) days of written request
therefor.
Sec. 2 -622 C osts of Record The party shall pay the
actual cost of preparing the record before delivery of the
record.
Sec. 2 -623 T ranscribing Proceedings All proceed-
ings subject to review by administrative mandamus may be
heard on written statements alone. if oral testimony is
requested it may be recorded by:
(a) An agreed statement of oral testimony given,
signed by the party giving it;
(b). Tape recording; or
(c) A certified shorthand reporter_
If ten (10) days notice is given, and subject to the
provisions of sec. 2 -621, city shall pay one -half (1/2)
the cost of providing a certified shorthand reporter to
attend a final proceeding.
Article 3 Time for Judicial Review
Sec. 2 -631 N otice of Requirement As part of a
final decision subject to the provisions of this Chapter
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the decision making body shall notify the party of the
limitation of judicial review established hereunder.
Sec. 2-632. Time Limit. No'judicial proceeding sub-
ject to review pursuant to California Code of Civil Procedure
Section 1094.5 may be prosecuted more than ninety (90) days
following the date of the final decision plus any extensions
authorized by California Code of Civil Procedure Section
1094.6.
Section 2. This ordinance shall be in full force and
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effect from and after the expiration of thirty (30) days from the
date of its final passage.
Attest;
City Clerk
Presidf-6g_ officer of the Council
1, the undersigned, hereby certify that the foregoing Ordinance
was duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting assembled on the 7th day of December, 1975,
by the following vote, to wit:
AYES; Councilmen Beckam, Diament, Hurwitz, Sherratt and
President Corica, (5),
NOES; None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December, 1975,
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mm City Clerk of the City of Alameda