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HomeMy WebLinkAbout1997-06-10; City Council; 14199; CARLSBAD STATE BEACH PARKING FEES FY 1996-97h cn cn d m .3 01 aJ G b 3 4-1 0 M C -d U a, 8 c a, U U 0 a a, *d d 4J C 0 u 0 3 ; k aJ U U cj B c a, H h ". cn 0 4 "-. a- z 0 F 0 a I=! 0 2 3 0 0 CIT OF CARLSBAD - AGEN BILL AB # /%5/-? 4 I4 TITLE: #- DEPT. MTG. 6?10/97 CARLSBAD STATE BEACH CITY A DEPT. CM PARKING FEES FY 1996-97 I I I RECOYMENDED ACTION: 1, Authorize staff to enter into an agreement with the California State Departmer Parks and Recreation to keep parking free at the Carlsbad State Beach. 2. Adopt Resolution No. ,- , /. i L+ <GTP,- *;i +?h I EEM EXPLANATION On September 19, 1995 the City Council authorized staff to enter into an agreement with the California Department of Parks and Recreation (DPR) to keep parking free : the Carlsbad State Beach (Tamarack) parking lot for the 1995-96 fiscal year. That agreement was the third such agreement executed by the City of Carlsbad since DP was granted a California Coastal Commission permit for the installation of a fee collection device at this parking lot in 1992. That Coastal Development Permit expired on March 17, 1997, and a new permit application is scheduled for consideration during the Coastal Commission's meeting June. The attached agreement only authorizes payment to DPR during the 1996-97 fiscal year during the time that a valid permit is in force. The amount of payment unc the agreement this year will be less than the $36,000 included in the FY 1996-97 bu because a valid Coastal Commission permit has not been in force for the entire fisc; year. Council approval of the attached agreement will also authorize the City Manager to extend the agreement if the Council appropriates funds for that purpose in future fisc years. FISCAL IMAPCT $36,000 is appropriated in the FY 1996-97 General Fund Budget's Miscellaneous NI Departmental Account for this purpose. It is anticipated that actual payments for thc 1996-97 fiscal year will total approximately $27,815 because a valid permit was not during the entire year. EXHIBITS 1. Agreement regarding day use parking fees. I 2. Resolution No. f.'8 ~~- +c,* .<. I >: ;".? b 0 0 AGREEMENT REGARDING DAY USE PARKING FEES CARLSBAD STATE BEACH This Agreement is made and entered into this day of , 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 lo 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 collectiot 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, until May 14, 2000, for the installation of a fee collection device at the Tamarack Avenue Beach par lot if the CITY discontinues payments to offset STATE operation and maintenance costs stated abc 4. The CITY opposes the imposition of fees at this location and agrees to provide City fund: 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 perio while STATE has a valid Coastal Development Permit for installation of a fee collection device at Carlsbad State Beach. AGREEMENTS 1. Term of the Aqreement: This Agreement shall begin on July 1, 1996 and shall continue through June 30, 1997. 2. Collection of Dav Use Parkinq Fees: The STATE shall not impose or collect day use pal fees at the Tamarack Avenue parking lot through the term of this agreement and any extensions tt 3. CITY Pavment: 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 fc e e 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 Coa! 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 : the Tamarack Avenue beach parking lot. 5. Indemnification: The STATE shall assume the defense of, pay all expense of defense, ar indemnify and hold harmless the CITY, and its officers and employees, from all claims, loss, dama injury and liability of every kind, nature and description, howsoever the same may be caused, arisir 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: State of California By! Edward Navaro District Superintendent Department of Parks and Recreation Date: Approved as to form: n lL QL Ronald R. Ball, City Attorney 7)-97. e e 1 2 3 4' ~ 5 6l RESOLUTION NO. 97-482 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,CALIFORNIA 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. 7 11 8 9 10 11 12 oppose the continued implementation of parking fees. 15 of the City's rights or abilities to obtain or pursue legal, legislative, or other methods to 14 3. This resolution shall not act in any way, or be deemed to be, a waiver of an! 13 execute the agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City 16 The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the agreement regarding day use parking fees at Carlsbad State Beacl for fiscal year 1996-97 is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to l7 11 Council of the City of Carlsbad on the 24th day of June 1997, by 18 19 20 21 22 ABSENT: None the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, an( NOES: None 23 24 I 25 ATTEST: 26 - , ALETHA L. RAUTENKRANZ, City Clerk \ 27 (seal) ' 28 !,