HomeMy WebLinkAbout1984-08-07; City Council; Resolution 76881
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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 AND RECREATION FOR THE PROCESSING OF
CERTAIN CITATIONS ISSUED BY PARK RANGERS.
WHEREAS, the City of 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, THEREFORE, the City Council of the City of Carlsbac
resolves as follows:
1. That the foregoing recitations are true and
correct.
2. That the agreement attached hereto is approved and
the City Manager is authorized to sign the agreement on behalf o
the City.
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PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held on the
7th day of August , 1984 by the following vote to wit:
AYES :
NOES: None
Council Makers Casler, Lewis, Kulchin, Chick and Prescot
ABSENT: None
ATTEST:
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CITATION PROCESSING AGREEMENT
This agreement is entered into by and between the City
of Carlsbad, California (IlCity") 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
Departmeiit. This agreement is entered into ander the ailthority
of California Penal Code Section ?463(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. The Department shall deliver to the City the
original of each citation issued not later 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 citatioEs delivered ts 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 Manager of the
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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 days After 10 days After 30 days
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 435% $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, defend 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 under this agreement.
7. The term of this agreement shall be for one year from
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 to 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 communications under this agreement shall be
deemed properly delivered when deposited in the United States
Mail, postage prepaid and addressed:
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b For City: For Department:
Chief of Police
City of Carlsbad
1200. Elm Avenue Carlsbad, CA 92008
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.
expressly refers to this agreement, specifically states the
amendment, and is executed by each party.
This agreement may be amended only by a writing which
The parties have executed this agreement this day of -
, 1984.
City of Carlsbad
Attest: by :
FRANK ALESHIRE
City Manager
ALETHA L. RAUTENKRANZ City Clerk
Deprlrtment of Parks and
Recreation San Diego Coast Area
At test: by: WILLIAM V. FAIT
Area Manager
Approved as to Form:
VINCENT F. BIOEU'DO, JR.
City Attorney