33. Ord. No. 07-2008 filing deadline petitions for reconsideration
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
kimberlys@cupertino.org
CUPERTINO
OFFICE OF THE CITY CLERK
SUMMARY
. Agenda Item No. 33
Meeting Date: August 21, 2007
SUBJECT AND ISSUE
Amend the Cupertino Municipal Code to extend filing deadlines for Petitions for
Reconsideration and establish a fee for such petitions.
BACKGROUND
Section 2.08.096 of the Cupertino Municipal Code currently requires that a petition for
reconsideration must be filed "within ten days after the decision of the City Counci1."
This 1 O-day limit makes it difficult for sufficient notice to interested parties to submit their
petition requests in time. The proposed ordinance amendment would specify that the deadline
would be "within ten days of the date of the mailing of the notice of decision," and that the City
Clerk would be responsible for mailing those notices.
The draft ordinance would also reflect the petition for reconsideration fee adopted by City
Council (Resolution No. 07-056, effective July 1,2007).
RECOMMENDATION:
Conduct the first reading of Ordinance No. 07-2008: "An Ordinance of the Cupertino City
Council Amending Chapter 2.08.096 of the Cupertino Municipal Code Regarding the Filing
Deadline and Fee for a Petition for Reconsideration."
Submitted by:
Approved for submission:
~~.
Ki~berly sm#
City Clerk
\;Lc
David W. Knapp
City Manager
DRAFT
ORDINANCE NO. 07-2008
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
AMENDING CHAPTER 2.08.096 OF THE CUPERTINO
MUNICIPAL CODE REGARDING THE FILING
DEADLINE FOR A PETITION FOR RECONSIDERATION
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
1. Chapter 2.08.096 of the City's ordinance code is hereby amended to read as follows:
2.08.096 Reconsideration - Sought by Interested Person.
A. The City Clerk shall forthwith mail all notices of decision after the decision of the
City Council. Any interested person, prior to seeking judicial review of any adjudicatory
decision of the City Council, shall file a petition for reconsideration with the City Clerk within
ten days after the decision of the date of the mailing of the notice of decision.
C. A petition for reconsideration shall be subject to a petition for reconsideration fee
as prescribed by resolution of the City Council.
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation, published and circulated in the City within 15 days after its adoption,' in
accordance with Government Code Section 36933, and shall certify to the adoption of this
ordinance and shall cause this ordinance and her certification, together with proof of publication,
to be entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular meeting of the Cupertino City Council the 21st day of
August 2007 and ENACTED at a regular meeting of the Cupertino City Council the _ day of
2007, by the following vote:
Vote:
Ayes:
Noes:
Absent:
Abstain:
Members of the City Council
APPROVED:
ATTEST:
City Clerk
Mayor, City of Cupertino