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Home My WebLink AboutAgenda Report - April 6, 1988 (54)CITY COUNCIL MEETING APRIL. 6, 1988 COUNCIL ACTS ON URGENCY APPOINTMENT TC THE CITY OF LODI PERSONWEL BOARD OF RAW Following a report, regarding the receipt of a wire from Peter Tussey, resigning from the City of Lodi CC -2(f) Personnel Board of Review and the need for urgency action on the porting of the subject vacancy, Council, on motion of Council Member Hinchman, Pinkerton second, voted to place this matter on the agenda for action by the City Counci 1 . On motion of Council Mesrixx Reid, Hinchman second,. Council directed the City Clerk to make the necessary posting required by law regarding this vacancy on the City of "Lodi Personnel Board o f Review. NIENT CODE o,eragc: notice relating toOpptai- fuolurnc Rner ac ;e Tuolumne River 67 Ops.Any.Gtn. :e Tuolumne River 67 Ops.Atty.Gen. jos ore from city. § 6M ct seq.) of nereaw City grant- tmsis and wasons writ of mandate appeal for revecw. of 141a2e r¢ Cat GOVERNMENT CODE § 54974 (4) The action taken was in connection 'With the collection of am' t�x. (d) During any action seeking it judicial deter.'nination pursuant to subdi inion (a) if the court determines, pursuant to a .hiiwing by the legis4atiwe boll' that an acti'>n alleged to have been taken in violation of -Section 5:9:63. ;f195t.2. oe 51955 has been cured or wormy;ed by a subaeyuent action of the legislative body, the action tiled pursuant to subdivision (a) shall lie d1sinisse3 :with prejudice. (e) The fact that a legislative hotly takes a subsequent action to cure or correct an action taken pursuant to this section shall not he Com:trued or admissible as evidence of a violation of this chapter. (Added by Stats.11386. c. 631, § 9- Amended by Stats.1987, c. 132'7, § 2.) § 54960.5. Cdsts and attorney fees A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 549GO or51960.1 where it is found that a legislative bo(ly of the local agency has violated ' ' this ch_anterTosss and fees shall be paid by the local agency and shall not be -come a personal liability of any public officer or employee of the local SIMICv. A court may award court costs and reasonable attorney fees to a defencTant'm any action brought pursuant to Section 54960 or 54960.I where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. (Amended by Stats.1986, e. 641, § 10.) 1986 Legistatioa .. Tht 1996 amendr.•unt authorized costs and fees in ection brought a person into staion "53960.1: substituted, a1 the cad of the tint rxoxncr. -chapter' for -article"; and included at the end cit the first paragraph -of the local agency'-. on: prerequi- Vaca of De60.41 for governmental acti•_n violated Brown Act (§ 54950 et seq.) and to ensure that such illegal proccadure did not occur in the future, was sufri6tnt to support an award of attorney feet under that act. Com"On Cause v. Srirling (App. 4 Oi11.198)) 195 Cal.Rptr. 16, 147 C.AIJ 533. Newspaper, as petitioner x:Ping dix l+snre from city, pursuam to i'ubliC Rcccxdy Act (Gov C § 6250 et seq.), of financial statements used to evaluate rate increase city grant- . ed +caste disposal company, was entitled so costs and reason. 2. Attorney fits - able attorney kcs incurred in bringing writ of mandate Public benefit from piatattffi L+wwit. which was brought below• as well as in txritiOning court of appeal for review. die pnrp05e of for purpose of judic ally determining that the use of inert nal. San Gabriel Tribune v. Superior CC et of State of Cal. )cat agency in I circulated icnces attnm City Council members as a vehicle + $ Y Y_ t: (1933) t9_ CaLRptr. 415. 343 C.A.3d 762. othing in this 1,-g 6n action § 51962. Cloyed session by legislative hods• oro;_ihit.ri § 7-1974 GOVERNMENT CODE, Notes of Decisions arpointment unscheduled vacancy- on the councl. 63 Ops - L Public notice Atty.Gen, 122. 5-24-55. Postiag of public notices under Gos.C. § 54974 is not - required when city council of general ia•-v city fibs by CHAPTER 12, 11UNICIPAL SERVICES AND FUNCTIONS 3 7A980. Definitions Notes of 1kcislons from antitrust liability under the state actton doctrine, prml_ 1. Municipal services or functions - mn of a nercency ser ice is a traditional municipal function. Fbe purposts of determining whether county's program of xlcrcy-Peninsula Ambulance, Inc. v. S_ Slateo County certifying paramedics for ambulance services was --ne (D.C. 1933) 592 F.Supp. 956• aftimed 7$ 7 2d 755. GOVERNMENT CODE (6) Any fee charged or colkr indexing any document, perforr document pursuant to Section 97361.1. 24361.4, 27361.8, Health and Safety Cotte, or Sec (7) Any fee charged or collect . 2 of Part 3 of Division 2 of Titl (Added by Stats. -1983, c 295. § Library Refereaces Counties 0-193.. - CJ.S. Counties § 284.. CRAFTER I2.5. COUNTY FEES ! §x1986. Public meetings;. noti fa) Prior to eitherapproving as Section or charge pursuant to Section 54! 54955. Authority to increase'o decrease fees or charges; basis; disputes; application of chapter. data; at which oral or written preen 51986.. Public meetings;"notice public action of bonrd by Drdinance; costs. Notice of the time and place of 519871. Construction of chapter. considered, and a statement that t Chapter 12!5 eras added by Mats. 7989, a 295, ¢ 1. 14 days prior to the meeting to u !ward of supervisors for mailed Cross References - Processing of an application for separate valuwi�in c - Processing fee for deGnquettt taus in install• written request for such mailed r unless a renewal reque�'"'�Cded Krumat'or parcel on current roll, see R"cnuc and Taxation cod mens. see Resenue and Tasation Code § 4217. § :321; before April 1st of each Z Processing of an application for separate valuation of any for sending those notices eased t parcel. for redemption. see Revanoe and Taxation Code prior to the meeting, the board ret § 4151. amount of cost, or estimated oust; " any regulation for which the fee § 51985. :Authority to lnerease' or decrease fees or charges; basis; disputes; application of the product,or sen*e or the oar chapterI. .. (bj' An y action by a Itoar3 ofaoz (a), Notwithstanding any other provision of taw which prescribes an amount or otherivise Iimits the an existing fee or charge np nav amount of a fee or charge which may be levied by a county, a county service area, or a county, (c) :Any costs incurred by ao+ri waterworks district governed by a county_ board of supervisors, a county board. of supervisors shall' by a' county bt5ard of'supenbor have the autlrority.t4 iixresse or`decresse any; such -fee or charge, which is otherwise authorized to - subdivision (a) may be'recovetr6 be levied by another provision of law, in the amount reasonably necessary to recover.,the cost of enforcing, any: regulation;schteh'lit- providing any product or service or the cost of enforcing any regulation for which the fee or charge is levied 'fhe fee rellect the (Ad- ed by Stats: 1983 c 2A f } or charge, may: average Lost of providing any product or service or enforcing any regulation. Indirect costs which may be reflected in the cost of providing any product or service or the cost of enforcing any regulation shall be limited to those items that are included in §51987. Construction of chaper the federal Office of Management and Budget Circular A-87 on January 1, 1981.R - (a) This chapter shad riot be ar< (b) If any person disputes whether a fee or charge levied pursuant to subdivision (a) is reasonable, . charge which ii, not 6th etwae am the. board of supervisom. may, request the county auditor to cwnduct a -study and to determine - construed as graatang.autlwrrtYSa-; whaher such fee or charge is reasonable.' prohibit the levy of a Miro eharr Nothing in this subdivision' shall be construed to mean that the county shall not continue to lie (b) This chapter shall not be co . subject to. fee review procedures.r 6n;rrat by Artielo- XIIf R of the California Constitutio;L .-: . -. . w to els ove : _ ' (c) This chapter, shall not app{y Gr any of the following: w h 61s in effect. da uary : . (1) Any fee charged or collected by a court clerk pursuant to Section 268.20.•1, 2652`3; 2(5824, 265`-'6. (Addedby Stats :19$3r c 29a"t f 2 ± : 26827, 268227.4, 2010, 72059,..72055, 7205¢ 7 2059, 72060; or 72061 of the Government Code or Section' 10554 or Eke Health and Safety (2) Any,fees Or t5 Chapter 2 Section 61oo) of charged collected pursuant (commencmt, with f3) elny,'standby:or availability assessmenE or charge r sir - kv §ra1939 Lett' of Fee or# x (4) Any fee charged or collected by a county agncu3tural.'commissioner r_ is Lbrar2 ttefercaces . (5) Any fee charged or.'collected pursuant to Article. 2.1 tcommencmg is 7th' See'lon ,12210) of Urban Ratlrcads.�+t a scq Chapter - o. of Dtvtsi6n 5 of the Bustetess and Professions Code CJS''Strety RaPhoods ¢§ f tots t R a)riderllne 1ndlcates changes or additions by amendnsertt = Asttri§les ' lndteate de6rtlofM : gas_ ..�..--Rry.:.<�... �{/�_■_1T■��Yg _. [j�ry`� /.�■•�}{��•.■�_..._ eii,.7— �V1i•.�i�•rVTLte- 1VJ..-. 's DOCXPE fin - _ lAi aLiisV y j'-'. . DUE -31M.0 GJii� r!✓ y F u MESSAGE\ NUMBER 14 - -0) 7 TO: ADDRESS: CITY STATE & Z Ip T,6e ORIGJNATING1'�r _ OFFICE! / . . . . . . . . . . ...... DATE FILING TIME 4• cl vl