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HomeMy WebLinkAboutCalifornia, State Of; 1995-09-29; Parks & RecOctober 19, 1995 Edward Navarro, District Superintendent San Diego Coast District State of California Department of Parks and Recreation 9609 Waples, Suite 200 San Diego, CA 92121 Re: Carlsbad State Beach Parking Fees FY 1995-96 The Carlsbad City Council, at its meeting of September 19, 1995, adopted Resolution No. 95-278, approving an agreement with the California State Department of Parks and Recreation to keep parking free at the Carlsbad State Beach from July 1, 1995 to June 30, 1996. Your letter dated September 26, 1995, requested all documentation pertaining to the above subject. Enclosed please find a copy of the City Council Agenda, Agenda Bill #13,310, Minutes of the City Council Meeting, and Resolution No. 95-278 for your files. ALETHA L. RAtiTENKRANZ, CMC 1 City Clerk ALR:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 * ’ (619) 434-2808 @ - h STATE OF CALIFORNIA - RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION San Diego Coast District 9609 Waples Suite 200 San Diego, CA 92121 Pl3E WILSON, Gowmor (619)642-4200, FAX (619)642-4222 9126195 Frank Boensch City of Carlsbad OfGce of the City Manager 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Dear Mr. Boensch: Enclosed please find the signed copy of the agreement regarding the Tamarack Avenue parking lot. At your convenience I would appreciate a copy of the city council minutes and any other documentation that authorized this action by the city. istrict Superintendent San Diego Coast District / AGREEMENT REGARDING DAY USE PARKING FEES CARLSBAD STATE BEACH THIS Agreement is made and entered into this 29th day of SEPTEMBER , 1995 by and between STATE OF CALIFORNIA, acting through the Department of Parks and Recreation hereinafter referred to as “STATE” and the City of Carlsbad hereinafter referred to as “CITY”. RECITALS 1. The STATE proposes to collect day use parking fees at the Tamarack Avenue parking lot at Carlsbad State Beach for the purpose of offsetting operation and maintenance costs of state beaches. 2. The CITY opposes imposition of fees at this location and has agreed to provide City funds to help offset operation and maintenance costs of state beaches for the fiscal year 1995-l 996. AGREEMENTS 1. Term of Aqreement: This Agreement shall begin on July 1, 1995 and shall continue through June 30, 1996. 2. Collection of Dav Use Parkinq Fees: The State shall not impose or collect day use parking fees at the Tamarack Avenue parking lot during fiscal year 1995-96. 3. Citv Funds: The State has obtained a valid Coastal Commission Permit for the installation of a fee collection device at the Tamarack Avenue beach parking lot which is valid until March 17, 1997. The City shall make quarterly payments of $9,000 to keep parking free at the Carlsbad State Beach in the 1995-96 fiscal year. Total payments shall not exceed $36,000. The State shall submit $9,000 invoices to the City on a quarterly basis, 3 2 : 4 c . i : t I l( 13 12 1: 14 If 1c 17 1E 1s 20 21 22 23 24 25 26 27 28 h 4. Indemnification: The State shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, howsoever the same may be caused, arising directly or indirectly from or in connection with the use of the property. The expenses of defense include all costs and expenses including attorney’s fees for litigation, arbitration or other dispute resolution method. Department of Parks & Recreation By: By: Claude A. Lewis, Mayor Date: September 21, 1995 Date: Approved as to form: Ronald R. Ball, City Attorney July 8, 1997 REC’O JUL 0 9 1997 Mr. Edward Navarro District Superintendent State of California Department of Parks and Recreation 9609 Waples Street, Suite 200 San Diego, CA 92121 Re: Carlsbad State Beach - Day Use Parking Fees The Carlsbad City Council, at its meeting of June 24, 1997, adopted Resolution No. 97-482, authorizing an agreement with the California State Department of Parks and Recreation for maintaining free parking at the Carlsbad State Beach in Fiscal Year 1996-97. It is requested that a fully executed copy of the agreement be returned to this office. Enclosed please find the fully signed original agreement and a copy of Resolution No. 97-482 for your files. UeMC Assistant City Clerk Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808 @ - - AGREEMENT REGARDING DAY USE PARKING FEES CARLSBAD STATE BEACH This Agreement is made and entered into this f” day ofp&$ , , 1997 by and between the State of California, acting through the Department of Parks and Recreation, hereinafter referred to as “STATE“, and the City of Carlsbad, hereinafter referred to as “CITY”. RECITALS 1. The STATE proposes to collect day use parking fees at the Tamarack Avenue parking lot at Carlsbad State Beach for the purpose of offsetting operation and maintenance costs of state beaches. 2. The STATE had a valid Coastal Development Permit for the installation of a fee collection device at the Tamarack Avenue Beach parking lot which was valid until March 17, 1997. 3. The STATE obtained approval for a new Coastal Development Permit on May 14, 1997, valid until May 14, 2000, for the installation of a fee collection device at the Tamarack Avenue Beach parking lot if the CITY discontinues payments to offset STATE operation and maintenance costs stated above. 4. The CITY opposes the imposition of fees at this location and agrees to provide City funds to help offset operation and maintenance costs of state beaches and prevent the installation of fee collection devices for fiscal year beginning July 1, 1996 and ending June 30, 1997, during the period while STATE has a valid Coastal Development Permit for installation of a fee collection device at Carlsbad State Beach. 4 AGREEMENTS 1. Term of the Aoreement: This Agreement shall begin on July 1, 1996 and shall continue through June 30, 1997. 2. Collection of Dav Use Parkina Fees: The STATE shall not impose or collect day use parking fees at the Tamarack Avenue parking lot through the term of this agreement and any extensions thereof. 3. CITY Payment: The CITY shall make payments of not more than $36,000 per year, the amount due and payable to the STATE for the time a valid Coastal Commission Permit was held for . l - CI . . placing a fee collection device at the Tamarack Avenue beach parking lot. 4. Extensions: City Council authorizes City Manager, upon satisfactory proof of a valid Coastal Development Permit, to extend this agreement for future fiscal years so long as the City Council appropriates funds for payments to the STATE to prevent the installation of a fee collection device at the Tamarack Avenue beach parking lot. 5. Indemnification: The STATE shall assume the defense of, pay all expense of defense, and indemnify and hold harmless the CITY, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, howsoever the same may be caused, arising directly or indirectly from or in connections with the use of the property,. The expenses of defense include all costs and expenses including attorney’s fees for litigation, arbitration or another dispute resolution method. MAyor Date: ARd as to form: /AQ.& Ronald R. Ball, City Attorney State of California By: Edward Na\aro District Superintendent Department of Parks and Recreation Date: -?-y-q? . 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-482 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBADCALIFORNIA AUTHORIZING AN AGGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF PARKS AND RECREATION AND THE EXPENDITURE OF FUNDS FOR MAINTAINING FREE PARKING AT THE CARLSBAD STATE BEACH IN IN FISCAL YEAR 1996-97. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the agreernent regarding day use parking fees at Carlsbad State Beach ‘or fiscal year 1996-97 is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the agreement for and on behalf of the City of Carlsbad. 3. This resolution shall not act in any way, or be deemed to be, a waiver of any ,f the City’s rights or abilities to obtain or pursue legal, legislative, or other methods to oppose the continued implementation of parking fees. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 24th day of June 1997, by :he following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSENT: None 9TTEST: 4LETHA L. RAUTENKRANZ, City Clerk \ ISeal) - , P AGREEMENT REGARDING DAY USE i’ARKlN& CARLSEA STATE BEACH - zt This Agreement is made and entered into *is .- dayd P~<Y ,1997byandbehNeentha - State of California, acting through tie Departmerkof Park and Reawtion, he~inafkr e ta as ‘STATE”, and the City of Carkbad. horsinaftc: fe%n?d to as ‘CITY”. RECCTALS 1. The STATE proposes ta collect day use parking fees ZIt the Tamarack AVWW psrkin9 bt at Car&bad Stata Beach far the purpctse of OffSetting operation and rMiIIten8nCB Cost!5 of slate beaches. 2. TheCrPTopposestheimpositionoffeesatthis~and~topwWeCityfunds to help offset operation and maintenance costs of state beaches and prevent the i&&tion offee calieotbn devices for fiscal year beginning July I,1997 and ending JEW 30, t 996, during the p&od while STATE has a valid Coastal Development Permit for instalation of a fee aMction device at carlsbad state Beach. 4 AGREEMEHTS 1. T@~dtheAareement:ThisAgreementshallbeginwr~1,1997and~mrrtinue ,a” through June X,1998. 2. Colkdion of D~Q Use Parkim Fees: The STATE shall not impose or ailed day use! parkifq fees at the Tamarack Avenue parking lot through the term of this agreement and any m themof. 3. CITY Pawnent: The CITY shalt make payments of not mote than 536,OOCl per year, the amount due and payabte to the STAE for the time a valid Coastal Canmission Permit was held far placing a fee collectim device at the Tamarack Avenue beach parking bt 4. Indemnification:, The STATE shall acme the def8nse of, pay all -se of defpnse, and indmtfy and hold harmless the CltY, and its officers and employees, from all claims, loss, damage, injury and IiibMy of every kind, nature and descr@tiPn, lxnmmar the same may be caused, arising directly or indirectly from or in connectiOns with the use of Ule property,. The expenses of ciefense include all costs and expenses in&ding attorney’s fees for litigation, arbiion or another dispute f@sohltlon method. DepartmentoFParksand Reaeation Date: TOTRL P.03 ‘- ‘RITE IT - DON’T SAY ‘T! To File From Isabelle Paulsen Date May 18 0 Reply Wanted ONo Reply Necessary 19 98 Frank Boensch, City Manager's Office, sent this copy of the contract for Day Use Park Fees with the State of California. AGREEMENT REGARDING DAY USE PARKING FEES CARLSBAD STATE BEACH This Agreement is made and entered into this 20 * day of 1998 by and between the State of California, acting through the Department of Parks and Recreation, hereinafter referred to as ‘STATE”, and the City of Carlsbad, hereinafter referred to as “CITY”. RECITALS 1. The STATE proposes to collect day use parking fees at the Tamarack Avenue parking lot at Carlsbad State Beach for the purpose of offsetting operation and maintenance costs of state beaches. 2. The CITY opposes the imposition of fees at this location and agrees to provide City funds to help offset operation and maintenance costs of state beaches and prevent the installation of fee collection devices for fiscal year beginning July 1, 1998 and ending June 30, 1999, during the period while STATE has a valid Coastal Development Permit for installation of a fee collection device at Carlsbad State Beach. AGREEMENTS 1. Term of the Aareement: This Agreement shall begin on July 1, 1998 and shall continue through June 30, 1999. 2. Collection of Day Use Parking Fees: The STATE shall not impose or collect day use parking fees at the Tamarack Avenue parking lot through the term of this agreement and any extensions thereof. 3. CITY Payment; The CITY shall make payments of not more than $36,000 per year, the amount due and payable to the STATE for the time a valid Coastal Commission Permit was held for placing a fee collection device at the Tamarack Avenue beach parking lot. - 4. Indemnification; The STATE shall assume the defense of, pay all expense of defense, and indemnify and hold harmless the CITY, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, howsoever the same may be caused, arising directly or indirectly from or in connections with the use of the property,. The expenses of defense include all costs and expenses including attorney’s fees for litigation, arbitration or another dispute resolution method. City of Carlsbad State pf California c w By: idward Navaro District Superintendent Department of Parks and Recreation Date: Approved as to form: -5 f2. G Ronald R. Ball, City Attorney Date: 6-20 ‘7% STATE OF CALIFORNIA - RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION San Diego Coast District PETE WILSON, Governor 9609 Waples Street, Suite 200 San Diego, California 92121 (619) 6424200 FAX (619) 642-4222 June 23,1998 Raymond R. Patchett, City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1989 Dear Mr. Patchett: Enclosed is the executed agreement between the State of California and the City of Carlsbad in which the State agrees to retain free parking at the Tamarack Street parking lot during the 98/99 FY in exchange for a payment of $36,000. To help you plan fiscally, you should be aware that we plan to bill you for the first quarter (July 1, 1998 through September 30, 1998) during the first week of July. We will bill you for each remaining quarter the first week of that quarter. If you have any questions or concerns, please feel free to call us at the above number. Sincerely, Patricia K. Autrey Regional Administrative Officer III