Ordinance 1807s
ORDINANCE NO. 1807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO ADDING CHAPTER 2.08.096 TO THE
CITY'S ORDINANCE CODE ADOPTING A PROCESS FOR
RECONSIDERATION
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THE C[TY COUNCIL OF THE CITY OF CUPERTINO HEREBY ORDAINS AS
FOLLOWS:
1. Amendment
Section 2.08.096 of the City's ordinance code is amended to read as follows:
2.08.096 Reconsideration -Sought by Interested Person
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 10
days after the decision. Failure to file a petition for reconsideration constitutes a waiver
of the right to request reconsideration and the City Council's decision shall be final for
all purposes. Upon timely receipt of a petition for reconsideration, the City Clerk shall
schedule a reconsideration hearing to be commenced by the City Council no later than
GO days after the filing of the petition. Mailed notices of the date, time and place of said
hearing will be provided to all interested persons at least 10 days prior to the hearing. At
the conclusion of the hearing for reconsideration, the City Council may affirm, reverse,
or modify its original decision, and may adopt additional findings of fact based upon the
evidence submitted in any and all city hearings concerning the matter.
A petition for reconsideration shall specify, in detail, each and every ground for
reconsideration. Failure of a petition to specify any particular ground or grounds for
reconsideration, precludes that particular omitted ground or grounds from being raised
or litigated in a subsequent judicial proceeding.
The grounds for reconsideration are limited to the following:
1) An offer of new relevant evidence which, in the exercise of reasonable diligence,
could not have been produced at any earlier city hearing.
2) An offer of relevant widence which was improperly excluded at any prior city
hearing.
3) Proof of facts which demonstrate that the City Council proceeded without, or in
excess of its, jurisdiction.
' Ord. No. 1807
4) Proof of facts which demonstrate that the City Council failed to provide a fair
hearing.
5) Proof of facts which demonstrate that the City Council abused its discretion by:
a) Not preceding in a manner required by law and/or
b) Rendering a decision which was not supported by findings of fact, and/or
c) Rendering a decision in which the findings of fact were not supported by
the evidence.
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, 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 adjourned meeting of the City Council of the City of
Cupertino the 19th day of January 1999 and ENACTED at a regular meeting of the City
Council of the City of Cupertino the 1 st of f ebruary 1999, by the following vote:
Vote: Members of the City Counci!
Ayes: BURNETT, CHANG, JAMES, STATTON, DEAN
Noes: NONE
Absent: NONE
Abstain: NONE
A"fTES'I':
_ ~~~?~-LCD ~ rrz;
City Clerk
APPROVED:
~Q.~
Mayor
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STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERT[NO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a true and correct copy of Ordinance No, X807 ,which
was enacted on ~ ~ [q ~~ ,and that it has
been published or posted pursuant to law (G.C. 40806).
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
5' ~ day o f r..~.D~-fcT a~c y , 19 u`~
KIMBERLY SMITH; City Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
orJinance cenilicaledoc
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