§ 66-139. Resolutions of impasse regarding mitigation.

(a)

If a developer and the governing board of an affected district cannot agree as to whether mitigation is required or the form or amount of mitigation, the resolution of such question shall be by arbitration. The city manager shall by regulation establish the procedures for the creation of an arbitration panel. The regulations shall provide for the creation of an arbitration panel within 15 days of a request for arbitration from either a developer or the governing board of the affected district. The panel shall be composed of seven members, three of whom shall be selected by the arbitration committee to resolve a particular impasse. The arbitration committee shall be selected from the panel as follows:

(1)

The developer shall declare one panel member ineligible.

(2)

The school district shall then declare one member ineligible.

(3)

The process shall continue until three panelists remain.

(4)

The remaining panelists shall constitute the committee.

(b)

Costs of arbitration shall be assessed equally to the developer and the school district.

(Ord. No. 97-01, § 2(16.50.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)