The City or the SDI Advisory Committee may petition the Federal District Court, Eastern District, in Fitzpatrick, et al. v. City of California City (USDC Case No. SV-F-96-5411-REC-SMS), herein "Fitzpatrick Case," or the court's designee and respond to a petition by the City or Committee (as the case may be);
To overturn the City Manager's decision on a request for stay; or
To overturn the City Council's decision on the merits of the request for review;
To determine action or proposed comments to the SDI Agreements or this chapter;
To obtain approval of amendments to this chapter;
To resolve a dispute as between the two members of the SDI Advisory Committee as set forth in section 9-6.401(d).
The Court, or the court' designee, shall promptly hear the petition. The designee's decision may be appealed to the Court. The un-appealed designee's decision or the Court's decision is final (subject to review by appeal or writ).
The Court or designee shall reverse the decision by the City Manager (concerning a stay request) or the City Council (concerning the merits of the request for review) if the actions of the City Manager or City Council (as the case may be) were arbitrary, capricious, not supported by substantial evidence, or contrary to the terms of SDI Agreements or this ordinance.
The Court shall order the SDI Fund to pay reasonable attorney fees to the prevailing party.
( Ord. No. 14-725 , § 1, 10-21-2014)