HomeMy WebLinkAbout1984-08-07; City Council; 7834; Agreement Process Citations State Park Violations~
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MTG. 8/7/84
DEPT.POLICE
TITLE:
AGREEMENT TO PROCESS CITATIONS
FOR STATE PARK VIOLATIONS
RECOMMENDED ACTION:
DEPT. H D.1-6':-:~.--
CITY ATTti
1
c1TY MGR.~
Adopt Resolution No. 1~ r fY' approving the agreement and
authorizing the City Manager to execute said agreement.
ITEM EXPLANATION:
The State Department 0f Parks and Recreation has requested that
the City process parking citations issued by park rangers. The
City will provide the rangers with citation books for issuing
the citations. The City will retain all bail posted or fees
paid as a result of any citation processed by the City. The
area manager for,the State Department of Parks and Recreation
has approved the agreement. Currently the citations issued at
Carlsbad State Parks are processed by the City of San Diego
which retains all the money. The City will not be responsible
for t1,e prosecution of any of the citations.
FISCAL IMPACT
The cost of processing the tickets will be more than off set by
the revenues retained from the bail or fees paid by violators.
EXHIBITS
Resolution No. JG, f' lf
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RESOLUTION NO. 7688
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH THE STATE DEPARTMENT
OF PARKS FND RECREATION FOR THE PROCESSING OF
CERTAIN CITATIONS ISSUED BY PARK RANGERS.
WHEREAS, the City cf Carlsbad has been requested to
process certain citations issued by park rangers for the state
parks with the City of Carlsbad: and
WHEREAS, the City has the capability to process the
citations; and
WHEREAS, the agreement to process the citations is
mutually beneficial to the State Department of Parks and
Recreation and the City of Carlsbad,
NOW, THEPEFORE, the City Council of the City of Carlsba
resolves as follows:
1. That the foregoing recitations are true and
correct.
2. That the agre~ment attached hereto is approved and
the City Manager is authorized to sign the agreement on behalf of
the City.
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II
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held on the
7th
ATTEST:
day of August , 1984 by the following vote to wit:
AYES: Ccuncil ~s casler, lewis, Kulchin, Chick and Prescott
NOES: None
ABS ENT : None
------------------------"""C:'-----,,---·-'
CITATION PROGESSING AGREEMENT
This agreement is entered into by and between the City
ot Carlsbad, California ("City") and the Department of Parks and
Recreation, San Diego Coast Area ("Department").
1. The Department desires to contract with the City
for processing of parking citations issued by officers of the
Department. This agreement is entered into under the authority
of California Penal Code Section 1463(3).
2. The City shall provide to the Department City of
Carlsbad Parking Violation Notices. The Department shall use
these notices to issue citations for violations of 14 Cal.Adm.
Code Sections 4302, 4327, 4355 and 4358 occurring in any state
park units within the City of Carlsbad.
3. ~he Department shall deliver to the City the
original of each citation issued not late~ than two days after
the day the citation is issued, provided however that citations
issued on a Friday shall be delivered on Monday.
4. The City shall process all citations delivered to it
in the same manner as it processes parking citations issued by_
officers of the Carlsbad Police Department. The City shall
retain all bail posted or fees paid as a result of any citation
processed by the City.
5. The City shall set the bail or fee amount for
violations of 14 Cal.Adm.Code Sections 4302, 4327, 4355 and 4358
based upon the recommendation of the Area Manaqer of the
Department. Bail or fee amounts shall be established annually
on the anniversary date of this agreement. The initial bail or
fee amount shall be as follows :
Section Within 10 dais After 10 dais After 30 dais
14 CAC 4302 $27.00 $37.00 $50.00
14 CAC 4327 $27.00 $37.00 $50.00
14 CAC 4355 $27.00 $37.00 $50.00
14 CAC 4358 $17.00 $27.00 $40.00
14 CAC other $15.00 $25.00 $40.00
The bail or fee amount may be changed without an amendment to
this agreement.
6. The City and Department agree to indemnify, d~fend and
save harmless, the other party, its agents, officers and·
employees from and against any claim or suit for damages of any
nature, whatsoever, arising from or connected with each party's
own operations or services un•~~r this agreement.
7. The term of this agreement shall be for one year fr,om
the date the agreement is executed. The term of this agreement
shall be automatically extended for successive one year terms
unless terminated upon 30 days written notice by one party to
the other. The agreement may be terminated at any time upon 30
days written notice by one party to the other. In the event of
termination all citations delivered to the City before the date
of termination shall continue t◊ be processed by the City and
the provisions of this agreement shall apply to those citations.
8. Except for original citations any notices, requests,
demands or other comm•mications under tnis agr.eement shall be
deemed properly delivered when deposited in the United States
Mail, postage prepaid and addressed:
-2-
--~..,__ __ __.
For City:
Chief of Police
City of Carlsbad
1200.Elm Avenue
Carlsbad, CA 92008
For Depar~ment:
Area Manager
Department of Parks
and Recreation
San Diego Coast Area
2680 Carlsbad Boulevard
Carlsad, CA 92008
Original citations shall be personally delivered to the Police
Department at the address stated above.
9. This agreement constitutes the entire agreement of the
parties. This agreement may be amended only by a writing which
expressly refers to this agreement, specifically states the
amendment, and is executed by each party.
The parties have executed this agreement this day of· ---
, 1984. -------
Attest:
ALETHA L. RAUTENKRANZ
City Clerk
Attest:
Approved as to Form:
VINCENT F. BIONDO, JR.
City Attorney
City of Carlsbad
by:
""F""'RA~N=K-A.,,...,,..LE"'"s=H=r=R"'"'E,,,.,-------
C i ty Manager
Dep~rtment of Parks and
Recreation San Diego Coast Area
~ . .
by: t,U~ ·-?/, :fe:31
WILLIAM V. FAIT
Area Manager
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