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Ord 0058 05/1977ORDINANCE NO. 58 AN ORDINANCE RELATING TO STATUTE OF LIMITATIONS IN ACTIONS TO REVIEW ADMINISTRATIVE DECISIONS OF THE SAN MARCOS COUNTY WATER DISTRICT The Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT do ordain as follows: Section 1: LEGISLATIVE INTENT. It is the intent of the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT [DISTRICT] to impose a time limit for seeking judicial review of final adminis- trative decisions of the District or its officers or agents by making the provisions of Code of Civil Procedure Section 1094.6 applicable to any final administrative decision of the District, or any officer or agent thereof, made, after hearing, suspending, demoting or dis- missing an officer or employee; revoking or denying an application for a permit or a license; or denying an application for any retirement benefit or allowance. Section 2: TIME LIMITS FOR JUDICIAL REVIEW. 2.1 Judicial review of any decision of any board, officer or agent of the District may be had pursuant to Code of Civil Procedure Section 1094.5 only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. 2.2 Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. The decision is final on the date it is made. If a party files a written request for the record and pays costs in the manner authorized by sub- divisions 2.3 and 2.4 of this ordinance, he shall be entitled to an extension of time as provided in subdivision 2.4. 2.3 The complete record of the proceedings shall be prepared by the District, board, officer, or agent which made the decision and shall be delivered to the party requesting such record within 90 days after he has filed a written request therefor. A request for the prep- aration of the record of the proceedings shall be filed with the person designated in the final decision. Such person shall, within ten days of such request, notify the party of the estimated cost of the preparation of the requested record. The party requesting such record shall, within Ordinance No. 58 ten days of such notification, deposit with the person designated in the decision an amount sufficient to cover the estimated cost. If during the preparation of the record it appears that additional costs will be incurred, the party requesting such record may be notified and, if requested, shall deposit such additional amounts before the record will be completed. If the cost of the preparation of the record exceeds the amount deposited, the party requesting such record shall pay this additional amount. If the amount deposited exceeds the cost, the difference shall be returned to the party requesting such record. Upon receiving the required deposit, the person designated in the decision shall promptly prepare such record in accordance with the request. Such record shall include the transcript of the proceedings, all plead- ings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the board, officer, or agent, all written evidence, and any other papers in the case. -- 2.4 If the party files a request for the record as specified in subdivision 2.3 within 10 days after the date the decision becomes final as provided in subdivision 2.2, the time within which a petition pursuant to Code of Civil Procedure Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered, or mailed to the party, or his attorney of record, if he has one. 2.5 As used in this section, decision means any adjudicatory administrative decision made, after hearing, suspending, demoting, or dismissing an officer or employee, revoking or denying an application for a permit or a license, or denying an application for any retirement benefit or allowance. 2.6 In making a final decision as defined in subdivision 2.5, the District shall provide notice to the party that the time within which judicial review must be sought is governed by this section. Upon giving notice of any decision subject to this section, the person re- sponsible for issuing the decision shall include in the decision a Ordinance No. 58 statement substantially as follows: "Judicial review of this decision is governed by Code of Civil Procedure Section 1094.6 pursuant to District Ordinance No. 58, adopted May 16, 1977. Any petition for writ of mandate appealing this deci- sion must be filed with the appropriate court no later than the 90th day following the date this decision becomes final. A decision will be deemed final on the date it is made unless a party files a written request for record, directed to the official designated below, within ten (10) days after the decision is made. If a written request for the record is timely, a petition for writ of mandamus to review the decision may be filed with the appropriate court anytime within thirty (30) days following the date the record is personally delivered, or mailed to, a party, or his attorney of record, if one has been designated." "Any party requesting preparation of the record must, within ten (10) days following notification by this agency, deposit sufficient funds to cover all costs of preparing the record. No record will be prepared until a deposit covering all costs designated by the agency has been received." "Parties desiring a copy of the record should direct their request to: James F. McKay, General Manager SAN MARCOS COUNTY WATER DISTRICT, 788 W. San Marcos Boulevard, San Marcos, California 92069" 2.7 Definition of "Party" As used in this section, "party" means an officer or employee who has been suspended, demoted or dismissed; a person whose permit or license has been denied; or a person whose application for a retirement benefit or allowance has been denied. Ordinance No. 58 2.8 Computation of Time The time in which any act provided by this ordinance is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also ex- cluded. For definition of a "holiday" see Code of Civil Procedure Section 10. Section 3: This ordinance is effective immediately on adoption and the Secretary shall publish this ordinance two (2) times on successive weeks in a newspaper of general circulation within the District. PASSED, ADOPTED AND APPROVED by the Board of Directors of the SAN MARCOS COUNTY WATER DISTRICT at a regular meeting of the Board of Directors held on Monday, May 16, 1977, by the following roll call vote: AYES: Directors: Michel, Dow, Mahr, Blanchard NOES: Directors: Vanderbeck ABSTAIN: Directors: None ABSENT: Directors: None Presiden of the Board of 'rectors San Marcos County Water District SEAL ATTEST: