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HomeMy WebLinkAboutOrd 02-08 Mediation Amend Muni Cd ORDINANCE NO. 02 - 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADDING SECTION 1.04.045 TO THE DUBLIN MUNICIPAL CODE, AND AMENDING SECTION 1.04.050 AND SECTION 8.136.050 RELATING TO MEDIATION RECITALS WHEREAS, from time to time, the Dublin City Council, the City Manager, and the Planning Commission hear appeals from parties affected by decisions of City officials; and WHEREAS, the City Council supports alternative dispute resolution methods, and finds that mediation can sometimes resolve disputes in a more efficient and effective manner than formal administrative action or litigation; and WHEREAS, the City wishes to include a process by which affected parties may settle their disputes before appealing to the City. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Section 1.04.045 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 developing consensus. The City Council also finds that mediation can sometimes resolve disputes in a more efficient and effective manner than an appeal. B. Before a "complaining party," that is, a person, other than an applicant or a permittee, may appeal a decision of a City official, Planning Commission, or City Council, he or she must deliver within five (5) days of the decision a written proposal to mediate to the applicant or permittee as a means to settle the dispute. Delivery means sending an email, facsimile, in person delivery, or deposit in overnight mail. The applicant or permittee shall either accept or refuse the proposal to mediate in writing within 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 email, fax, or in person, of the decision whether the proposal to mediate was accepted or refused. The failure of the applicant or permittee to respond within these timelines shall be deemed a refusal to mediate. C. If mediation is elected, the parties shall agree upon a neutral third party mediator. The complaining party shall be responsible for all costs, if any, of the mediation, unless the parties agree to another payment arrangement. D. The mediation process begins when the decision is made. If the proposal to mediate is accepted, the entire mediation process shall be completed within thirty (30) days of the decision. Ord No. 02-08, Adopted 2/5/08, Item No. 4.3 Page 1 of3 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 Dublin Municipal Code is hereby revised as follows: 1.04.050 Appeal to City Manager or City Council. A. Any person excepting to the denial, 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 administrative 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 right to appeal is specifically so provided in this code by reference to this section, by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof. If Section 1.04.045 applies, the written notice shall be accompanied by a copy of the proposal to mediate, and a letter from the mediator indicating 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 written response to the proposal to mediate was made, the written notice of appeal shall be accompanied by a copy of the proposal to mediate, and a declaration signed under penalty of perjury attesting that the complaining party received no response to the proposal to mediate. B. Notice of such appeal shall be filed with the City Clerk within fourteen (14) calendar days after the date written notice of such action appealed from was mailed or personally delivered to the appellant, but in no event later than twenty (20) calendar days after the date of such action, provided, however, that if Section 1.04.045 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 hearing before either the City Council or City Manager, as the case may be, and shall give the appellant at least five (5) calendar days' notice of the time and place of said hearing. D. At such hearing the appellant shall show cause on the grounds specified in 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 continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the matter. Section 3. Section 8.136.050 of the Dublin Municipal Code is hereby revised as follows: 8.136.050 Filing Appeals. A. Appeal Periods. An appeal must be filed within ten (10) days of the action which is the subject of the appeal. Appeals filed beyond ten (10) days shall not be accepted, except that if Section 1.04.045 applies and mediation has been accepted, any appeal must be filed within three (3) days of the date that the mediation ended. B. Form of appeal. An appeal shall be in writing, shall reference any Planning Application number, shall fully state the extent of the appeal and the reasons and grounds for appeal, shall include any information required by the Director of Community Development, and may include any explanatory materials the appellant wishes to furnish. The appeal shall be accompanied by the filing fee established Ord No. 02-08, Adopted 2/5/08, Item No. 4.3 Page 2 of 3 by the City Council. If Section 1.04.045 applies, the written appeal shall also be accompanied by a copy of the mediation proposal, and a letter from the mediator indicating 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 written response to the proposal to mediate was made, the written notice of appeal shall be accompanied by a copy of the proposal to mediate, and a declaration signed under penalty of perjury attesting that the complaining party received no response to the proposal to mediate. C. Filed with City Clerk. An appeal shall be filed with the City Clerk. D. Effect of filing. In the event of an appeal, the decision being appealed shall not be effective until final action by the appeal body. Section 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption and shall remain in effect for one (1) year from its effective date. Section 6. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 5th day of February, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATZk: /; 19ft Deputy City Clerk Ord No. 02-08, Adopted 2/5/08, Item No. 4.3 Page 3 of3