1 Rachel H. Richman (SBN 204051), City Attorney
CITY OF CAMARILLO
2 E-mail: [email protected]
Brian I. Hamblet (SBN 210717)
3 E-mail: [email protected]
BURKE, WILLIAMS & SORENSEN, LLP
4 444 South Flower Street, Suite 2400
Los Angeles, California 90071-2953
5 Tel: 213.236.0600 Fax: 213.236.2700
6 Attorneys for CITY OF CAMARILLO
7 CITY OF CAMARILLO
8 9
IN RE: JOINT STIPULATION RE: TIME TO FILE
APPEAL
= 651 Corte Castano,
1. WHEREAS, there is a pending dispute between the City of Camarillo ("City") and the owners of real property located at 651 Corte Castano, Camarillo, CA 93010, ("Owners") and 16 further identified as Ventura County Assessor's Parcel Number 158-0-162-205 (the "Property") relating to the Property's compliance with the Camarillo Municipal Code ("CMC"). 18 2. WHEREAS, on December 28, 2023, following an administrative hearing related to this matter, Damian J. Martinez, the City contracted hearing officer, concluded that the Property 20 was not in compliance with the CMC, and constituted a public nuisance. (See Administrative 21 Decision in In re: 651 Corte Castano, attached hereto as Exhibit A.) Further, on January 8, 2024, 22 Mr. Martinez informed the parties that Owners' requests for reconsideration was denied, and that 23 the administrative order was final. (See Correspondence from D. J. Martinez re: Hearing Officer 24 Ruling, attached hereto as Exhibit B.)
25 3. WHEREAS, pursuant to CMC Section 9.17.060, Owners are entitled to appeal the 26 administrative decision in Superior Court pursuant to Code of Civil Procedure § 1094.6. Because 27 such an appeal must be made by filing a petition for writ of mandate with the Superior Court 28 BURKE, WILLIAMS &
SORENSEN, LLP
4883-0501-6745 vl
ATTORNEYS AT LAW
LOs ANGELES JOINT STIPULATION RE: TIME TO FILE APPEAL
1 within 90 days following the date on which the decision becomes final. (Code of Civ Proc. 2 §1094.6 (b)) Owners have until April 9, 2024, to file such appeal. 3 WHEREAS, Owners have also filed an application for an encroachment permit 4 with the City related to the Property ("Encroachment Application"). Owners' zoning application 5 was denied and Owners appealed this decision.
6 WHEREAS, on February 13, 2024, following a special meeting of the City Council 7 relating to the Hall's appeal of the Encroachment Application, the City Council unanimously 8 upheld the denial of the Encroachment Application and encouraged the Halls to accept the 9 settlement offer previously offered t the Halls on February 7, 2024. The City Council also agreed 10 to a 90 day tolling agreement for any legal actions related to the Administrative Decision or the = Encroachment Application (See Minutes of City of Camarillo city Council Special Meeting dated Tuesday, February 13, 2024, attached hereto as Exhibit C.) 13 6. WHEREAS, the City is amenable to the extension of Owners' deadline to file 14 appeal petition by an additional 90 days.
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BURKE, WILLIAMS &
SORENSEN, LLP
4883-0501-6745 vl 2
ATTORNEYS AT LAW
Los ANGELES JOINT STIPULATION RE: TIME TO FILE APPEAL
1 Accordingly, the City and Owners hereby agree and stipulate that, should the Owners 2 appeal the administrative decision made by Hearing Officer Martinez in Superior Court pursuant 3 to Code of Civil Procedure § 1094.6 or the denial of the Permit Application on or before Monday 4 July 10, 2024, the City will not oppose such appeal petition on the basis of the statute of 5 limitations. City reserves the right to oppose appeal filed by Owners before July 10, 2024 on any 6 other basis, and reserves the right to oppose any writ filed by Owners after July 10, 2024, on any 7 basis, including applicable statutes of limitations.
8 IT IS SO STIPULATED.
10 Dated: _. 2024 Philip Was dane S
11 hillip Wayne Hall, Sr. Owne
12 Dated: 2 - 2b. 2024 Connie Nail
13 Connie Hall (Owner)
14 Dated: _ 2024 CITY OF CAMARILLO
15 16
17 By:
Tony Trembley
Mayor
19 CITY OF CAMARILLO
20 Dated: _ 2024 BURKE, WILLIAMS & SORENSEN, LLP
21 22
23 By:
Rachel H. Richman
24 Brian I. Hamblet
Attorneys for CITY OF CAMARILLO
25 26 Dated: 2-26,2024
27 Attorney for Property Owners at 651 Corte
Castano
28 BURKE, WILLIAMS &
SORENSEN, LLF
4883-0501-6745 v1 3
ARON AT LAN JOINT STIPULATION RE: TIME TO FILE APPEAL