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Home My WebLink About6.5 SB343 Mediation Muni Code S8 343 Senate Bill 343 mandates supplemental matenals that have been received by the City Clerk's office that relate to an agenda Item after the agenda packets have been dlstnbuted to the City Council be available to the public This document IS also available In the City Clerk's office, the Dublin Library, and the City's Webslte The attached document was received In the City Clerk's office after dlstnbutlon of the January 15, 2008 City Council meeting agenda packet G \CC MTGS\FORMS\SB 343 Form doc ORDINANCE NO AN ORDINANCE OlF THE CITY OlF DUBILIN ADDING SECTION 1 04045 TO THE DUBlLIN MUNICIP AlL CODE, AND AMENDING SECTION 1 04050 AND SECTION 8136 050 RELATING TO MEDIATION RECITALS WHEREAS, from tIme to tIme, the DublIn CIty CouncIl, the CIty Manager, and the Planrnng CommIssIOn hear appeals from partIes affected by declSlons of CIty offiCIals, and WHEREAS, the CIty CouncIl supports alternatIve dIspute resolutIOn methods, and finds that medIatIOn can sometImes resolve dIsputes m a more effiCIent and effectIve marmer than formal adrrnmstratIve actIOn or lItIgatIOn, and WHEREAS, the CIty WIshes to mclude a process by whIch affected partIes may settle theIr dIsputes before appealmg to the CIty, NOW, THERKFORJE, the CIty CouncIl of the CIty of Dubhn does hereby ordam as follows Section 1 SectIOn I 04045 of the DublIn MunICIpal Code IS hereby added to read as follows Section 1 04 045 Mediation A The CIty CouncIl declares that medIatIOn can be an effectIve technIque to aVOId appeals by developmg consensus The CIty CouncIl also finds that medIatIOn can sometImes resolve dIsputes m a more effiCIent and effectIve marmer than an appeal B Before a "complaIrnng party," that IS, a person, other than an applIcant or a perm1ttee, may appeal a deCISIon of a CIty offiCIal, Planrnng CommIssIon, or CIty CounCIl, he or she must delIver wIthm five (5) days of the deCISIOn a wntten proposal to medIate to the applIcant or permIttee as a means to settle the dIspute DelIvery means sendmg an ematl, facsImIle, m person delIvery, or depOSIt m overnIght maIl The applIcant or permIttee shall eIther accept or refuse the proposal to medIate m wntmg wIthm two (2) days of the date the proposal to medIate was receIved, or four (4) days after It was delIvered, whIchever IS sooner By the tenth day after the appealable deCISIOn, the applIcant or permIttee must notIfy the CIty Clerk by emaII, fax, or m person, of the declSlon whether the proposal to medIate was accepted or refused The faIlure of the applIcant or permIttee to respond WIthm these tImelmes shall be deemed a refusal to medIate C If medIatIOn IS elected, the partIes shall agree upon a neutral thIrd party medIator The complammg party shall be responsIble for all costs, If any, of the medIatIOn, unless the partIes agree to another payment arrangement D The medIatIOn process begms when the decIs10n IS made If the proposal to medIate IS accepted, the entIre medIatIon process shall be completed WIthIn thIrty (30) days of the deCISIOn E ThIS SectIOn shall not apply to appeals by CIty offiCIals, pursuant to SectIOn 8 136 040, or to appeals by applIcants or permIttees SectIon 2 SectIOn 1 04 050 of the Dublm MunIcIpal Code IS hereby revIsed as follows, WIth addItIons mdIcated m underlIne 1 04 050 Appeal to CIty Manager or City CouncIl A Any person exceptmg to the demal, suspensIOn or revocatIOn of a permIt or lIcense applIed for or held by hIm pursuant to any of the prOVIsIons of thIS code, or to any admIrnstratIve deCISIOn made by any offiCIal of the CIty pursuant to any of the prOVISIons of thIs code may appeal to the CIty Manager or CIty CouncIl, as the case may be, when the nght to appeal IS specIfically so provIded m thIs code by reference to thIs sectIOn, by filmg a wntten notIce of appeal WIth the CIty Clerk, settmg forth the specIfic grounds thereof If SectIon 1 04 045 applIes, the wntten notlce shall be accompamed by a copy of the proposal to medIate, and a letter from the medIator md1catmg that medIatIon was conducted and the date the medIatIOn was conducted, or, If there was no medIatIOn, a copy of the refusal In the event that no wntten response to the proposal to mediate was made, the wntten notIce of appeal shall be accompamed by a COpy of the proposal to medtate, and a declaratIOn sIgned under penalty of penury attestmg that the complammg party rece1ved no response to the proposal to medIate B NotIce of such appeal shall be filed WIth the CIty Clerk WIthm fourteen (14) calendar days after the date wrItten notIce of such actIon appealed from was maIled or personally delIvered to the appellant, but m no event later than twenty (20) calendar days after the date of such actIOn, proVided, however, that If SectIOn 1 04045 applIes and medIatIOn has been accepted, any appeal must be filed WIthIn three (3) days of the date that the medIatIOn ended C The CIty Clerk shall forthWIth set a date for heanng before eIther the CIty CouncIlor CIty Manager, as the case may be, and shall gIve the appellant at least five (5) calendar days' notIce ofthe tIme and place of SaId hearmg D At such hearmg the appellant shall show cause on the grounds specIfied m the notIce of appeal why the actIOn excepted to should not be approved The CIty Manager or CIty CounCIl, as the case may be, may contmue the hearmg from tune to tIme The findmgs on the appeal shall be final and conclusIve m the matter SectIOn 3 SectIOn 8 136050 of the DublIn MurncIpal Code 1S hereby revIsed as follows, WIth additIons mdIcated m underlme 8 136 050 lFIImg Appeals A Appeal PerIods An appeal must be filed wIthm ten (1 OJ days of the actIOn whIch IS the subject of the appeal Appeals filed beyond ten (1 OJ days shall not be accepted, except that If SectIOn I 04 045 applIes and medIatIOn has been accepted, any appeal must be tiled wIthm three (3) days of the date that the medIatIOn ended B lForm of appeal An appeal shall be m wrItmg, shall reference any Planrnng ApplIcatIOn number, shall fully state the extent of the appeal and the reasons and grounds for appeal, shall mclude any mformatIOn reqUIred by the DIrector of CommunIty Development, and may mclude any explanatory matenals the appellant WIshes to furrnsh The appeal shall be accompanIed by the filIng fee establIshed by the C1ty CouncIl If Sectlon 1 04 045 applIes, the wntten appeal shall also be accompanIed by a COpy of the medIatIOn proposal. and a letter from the med1ator mdlcatmg that med1atIon was conducted and the date the medtatIOn was conducted, or, If there was no medIatIOn, a COpy of the refusal In the event that no wrItten response to the proposal to medIate was made, the wntten notice of appeal shall be accompanIed by a copy of the proposal to medIate, and a declaratIOn sIgned under penalty of penury attestIng that the complammg party received no response to the proposal to medIate C lFIIed with City Clerk An appeal shall be filed WIth the CIty Clerk D Effect of filmg In the event of an appeal, the declSlon bemg appealed shall not be effectIve untIl final achon by the appeal body SectIOn 4 SeverabIlIty The proVI SIons of thIs Ordmance are severable and If any provlSlon, clause, sentence, word or part thereof IS held Illegal, mvalId, unconstItutIonal, or mapplIcable to any person or Circumstances, such IllegalIty, mvalIdIty, unconstItutIOnahty, or mapphcabIhty shall not affect or 1mpaIr any of the remalnmg prOVISIOns, clauses, sentences, sectIOns, words or parts thereof of the ordmance or the1r applIcabIhty to other persons or circumstances SectIon 5 Effechve Date Th1s Ordmance shall take effect and be enforced thIrty (30) days folloWIng ItS adoptIOn and shall remam m effect for one (1) year from 1tS effectIve date SectIOn 6 Postmg The CIty Clerk of the C1ty of Dubhn shall cause thiS Ordmance to be posted m at least three (3) publIc places 10 the CIty of DublIn m accordance WIth SectIOn 36933 of the Government Code of the State ofCallfomm P ASSlED, APPROVED AND ADOPTED thIS _ day of ,2007 AYES NOES ABSENT ABSTAIN Janet Lockhart, Mayor ATTEST Carolyn Parkmson, Intenm CIty Clerk