SECTIONS 66030-66035 - California Statutes

GOVERNMENT CODE

SECTION 66030-66035

66030. (a) The Legislature finds and declares all of the following:
(1) Current law provides that aggrieved agencies, project
proponents, and affected residents may bring suit against the land
use decisions of state and local governmental agencies. In practical
terms, nearly anyone can sue once a project has been approved.
(2) Contention often arises over projects involving local general
plans and zoning, redevelopment plans, the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), development impact fees, annexations and
incorporations, and the Permit Streamlining Act (Chapter 4.5
(commencing with Section 65920)).
(3) When a public agency approves a development project that is
not in accordance with the law, or when the prerogative to bring suit
is abused, lawsuits can delay development, add uncertainty and cost
to the development process, make housing more expensive, and damage
California's competitiveness. This litigation begins in the superior
court, and often progresses on appeal to the Court of Appeal and the
Supreme Court, adding to the workload of the state's already
overburdened judicial system.
(b) It is, therefore, the intent of the Legislature to help
litigants resolve their differences by establishing formal mediation
processes for land use disputes. In establishing these mediation
processes, it is not the intent of the Legislature to interfere with
the ability of litigants to pursue remedies through the courts.

66031. (a) Notwithstanding any other provision of law, any action
brought in the superior court relating to any of the following
subjects may be subject to a mediation proceeding conducted pursuant
to this chapter:
(1) The approval or denial by a public agency of any development
project.
(2) Any act or decision of a public agency made pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(3) The failure of a public agency to meet the time limits
specified in Chapter 4.5 (commencing with Section 65920), commonly
known as the Permit Streamlining Act, or in the Subdivision Map Act
(Division 2 (commencing with Section 66410)).
(4) Fees determined pursuant to Chapter 6 (commencing with Section
17620) of Division 1 of Part 10.5 of the Education Code or Chapter
4.9 (commencing with Section 65995).
(5) Fees determined pursuant to the Mitigation Fee Act (Chapter 5
(commencing with Section 66000), Chapter 6 (commencing with Section
66010), Chapter 7 (commencing with Section 66012), Chapter 8
(commencing with Section 66016), and Chapter 9 (commencing with
Section 66020)).
(6) The adequacy of a general plan or specific plan adopted
pursuant to Chapter 3 (commencing with Section 65100).
(7) The validity of any sphere of influence, urban service area,
change of organization or reorganization, or any other decision made
pursuant to the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Division 3 (commencing with Section
56000) of Title 5).
(8) The adoption or amendment of a redevelopment plan pursuant to
the Community Redevelopment Law (Part 1 (commencing with Section
33000) of Division 24 of the Health and Safety Code).
(9) The validity of any zoning decision made pursuant to Chapter 4
(commencing with Section 65800).
(10) The validity of any decision made pursuant to Article 3.5
(commencing with Section 21670) of Chapter 4 of Part 1 of Division 9
of the Public Utilities Code.
(b) Within five days after the deadline for the respondent or
defendant to file its reply to an action, the court may invite the
parties to consider resolving their dispute by selecting a mutually
acceptable person to serve as a mediator, or an organization or
agency to provide a mediator.
(c) In selecting a person to serve as a mediator, or an
organization or agency to provide a mediator, the parties shall
consider the following:
(1) The council of governments having jurisdiction in the county
where the dispute arose.
(2) Any subregional or countywide council of governments in the
county where the dispute arose.
(3) Any other person with experience or training in mediation
including those with experience in land use issues, or any other
organization or agency that can provide a person with experience or
training in mediation, including those with experience in land use
issues.
(d) If the court invites the parties to consider mediation, the
parties shall notify the court within 30 days if they have selected a
mutually acceptable person to serve as a mediator. If the parties
have not selected a mediator within 30 days, the action shall
proceed. The court shall not draw any implication, favorable or
otherwise, from the refusal by a party to accept the invitation by
the court to consider mediation. Nothing in this section shall
preclude the parties from using mediation at any other time while the
action is pending.

66032. (a) Except as provided in subdivision (c) of Section 21167.8
of the Public Resources Code, all time limits with respect to an
action shall be tolled while the mediator conducts the mediation,
pursuant to this chapter.
(b) Mediations conducted by a mediator pursuant to this chapter
that involve less than a quorum of a legislative body or a state body
shall not be considered meetings of a legislative body pursuant to
the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Part 1 of Division 2 of Title 5), nor shall they be considered
meetings of a state body pursuant to the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2).
(c) Any action taken regarding mediation conducted pursuant to
this chapter shall be taken in accordance with the provisions of
current law.
(d) Ninety days after the commencement of the mediation, and every
90 days thereafter, the action shall be reactivated unless the
parties to the action do either of the following:
(1) Arrive at a settlement and implement it in accordance with the
provisions of current law.
(2) Agree by written stipulation to extend the mediation for
another 90-day period.
(e) Section 703.5 and Chapter 2 (commencing with Section 1115) of
Division 9 of the Evidence Code apply to any mediation conducted
pursuant to this chapter.
(f) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.

66032. (a) Notwithstanding any provision of law to the contrary,
all time limits with respect to an action shall be tolled while the
mediator conducts the mediation, pursuant to this chapter.
(b) Mediations conducted by a mediator pursuant to this chapter
that involve less than a quorum of a legislative body or a state body
shall not be considered meetings of a legislative body pursuant to
the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of
Part 1 of Division 2 of Title 5), nor shall they be considered
meetings of a state body pursuant to the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2).
(c) Any action taken regarding mediation conducted pursuant to
this chapter shall be taken in accordance with the provisions of
current law.
(d) Ninety days after the commencement of the mediation, and every
90 days thereafter, the action shall be reactivated unless the
parties to the action do either of the following:
(1) Arrive at a settlement and implement it in accordance with the
provisions of current law.
(2) Agree by written stipulation to extend the mediation for
another 90-day period.
(e) Section 703.5 and Chapter 2 (commencing with Section 1115) of
Division 9 of the Evidence Code apply to any mediation conducted
pursuant to this chapter.
(f) This section shall become operative on January 1, 2016.

66033. (a) At the end of the mediation, the mediator shall file a
report with the Office of Permit Assistance, consistent with Chapter
2 (commencing with Section 1115) of Division 9 of the Evidence Code,
containing each of the following:
(1) The title of the action.
(2) The names of the parties to the action.
(3) An estimate of the costs avoided, if any, because the parties
used mediation instead of litigation to resolve their dispute.
(b) The sole purpose of the report required by this section is the
collection of information needed by the office to prepare its report
to the Legislature pursuant to Section 66036.

66034. If the mediation does not resolve the action, the court may,
in its discretion, schedule a settlement conference before a judge
of the superior court. If the action is later heard on its merits,
the judge hearing the action shall not be the same judge who
conducted the settlement conference, except in counties with only one
judge of the superior court.

66035. The Judicial Council may adopt rules, forms, and standards
necessary to implement this chapter.