2015-058 Mediation Program RESOLUTION NO. 2015-58
A RESOLUTION OF THE CITY OF ENCINITAS CITY COUNCIL
ESTABLISHING A MEDIATION PROGRAM FOR GENERAL
DISPUTES AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH NATIONAL CONFLICT
RESOLUTION CENTER FOR MEDIATOR SERVICES
CASE NUMBER: 15-174 POD
WHEREAS, the City of Encinitas finds there is a need for mediation as a form of
alternative dispute resolution for purposes of maintaining and fostering good will and
cooperation among community members;
WHEREAS, the City of Encinitas seeks to provide accessible mediation services to the
community;
WHEREAS, the City of Encinitas recognizes and acknowledges that mediation may not
be appropriate for all disputes; however, mediation can be an effective tool between willing
parties to resolve disputes; and
WHEREAS, the City of Encinitas sees the value of community mediation services that
promote alternative conflict resolution, restorative principles, and opportunities to provide
residents the tools and opportunity to promote peace within their own lives and community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Encinitas,
California, that:
1. That the foregoing recitations are true and correct.
2. The City Council hereby establishes a voluntary mediation program for general
disputes.
3. The City Council hereby authorizes the City Manager to enter into an agreement with
National Conflict Resolution Center(NCRC)for mediation and coordination services.
4. The City Council hereby establishes a $50.00 processing fee to be applied to each
general dispute mediation application to be borne by the applicants (disputing parties)
for cost recovery. Said fee, which is based on 30 minutes of staff time to process each
request and coordinate the matter with the vendor, defrays only a portion of the
estimated cost to administer the program.
5. This program is authorized for a one-year trial period, subject to re-authorization by
the City Council.
6. The City Council, in its independent judgment, finds that the adoption of a mediation
program is exempt from Environmental Review pursuant to the General Rule,
Section 15061 (b)(3) of the State CEQA Guidelines (Cal. Code of Regs., Title 14,
Section 15000 et seq.), since there would be no possibility of a significant effect on
the environment. The mediation program will not result in development and it can be
seen with certainty that the program has no potential to cause either a direct physical
change in the environment or a reasonably foreseeable indirect physical change in
the environment.
PASSED AND ADOPTED this 9th day of December, 2015.
AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSENT: None.
ABSTAIN: None.
Kristi Gaspar, Mayo
City of Encinitas
ATTEST:
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Kathy Hollywood, City Clerk