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HomeMy WebLinkAbout1984-08-07; City Council; Resolution 76881 2 3 e 9 10 11 1s 2c 21 22 23 24 25 26 27 28 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. ... ... ... ... ... ... ... ... 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: 3 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 Y , * 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: -2- t 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