HomeMy WebLinkAbout1993-09-07; City Council; Resolution 93-248I/ e 0
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RESOLUTION NO. 9 3 - 2 4 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT WITH THE CITY OF OCEANSIDE TO
PROVIDE PARKING CITATION ADMINISTRATIVE REVIEW
SERVICES FOR THE CITY AND AUTHORIZING FOR THE
THE IMPOSITION OF ADMINISTR4TIVE FEES FOR SUCH
REVIEWS
WHEREAS, effective July 1, 1993, the new State legislation (AB 408)
became effective which decriminalizes the procedure for contestingparking citations;
and
WHEREAS, AB 408 is intended to reduce the parking citation caseload
on the judicial system, reduce the need for law enforcement and parking code
compliance officers to attend hearings, provide for speedy informal hearing of
contested citations, provide adjudication by mail when appropriate, and ensure that
an individual's constitutional rights are maintained through access to a fair and
impartial administrative hearing; and
WHEREAS, AB 408 mandates all local jurisdictions to establish an
administrative hearing process whereby citizens can contest their parking citations
before filing an appeal in court; and
WHEREAS, the City of Carlsbad is required to design and develop this
new administrative hearing program by January 1, 1994; and
WHEREAS, on July 22,1993, the City of Oceanside and the San Diego
Mediation Center (SDMC) entered an agreement wherein SDMC agreed to provide
Oceanside with administrative parking citation disposition services pursuant to AI3
408 on a six month pilot program basis; and
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WHEREAS, the San Diego Mediation Center, a California non-profit
public benefit corporation, is duly qualified and willing to provide other cities,
contracted with the City of Oceanside as facilitator, with administrative review
services consistent with the requirements of AB 408; and
WHEREAS, the City of Oceanside has agreed to act as the facilitating
agency providing administrative review services consistent with the requirements of
AB 408; and
WHEREAS, the City of Carlsbad desires to utilize Oceanside and SDMC
in providing AB 408 services on a six month pilot program basis pursuant to the
terms and conditions stated in the attached agreement between the City of Carlsbad
and the City of Oceanside (Exhibit A); and
WHEREAS, AB 408 provides for the deposit of the amount of the
parking penalty in order to have a contested citation reviewed by an administrative
examiner and further provides that the issuing agency may recover a fee for
providing administrative review services; and
WHEREAS, the City of Carlsbad desires to impose an administrative fee
in order to defer the cost of providing administrative review services; and
WHEREAS, the City Council finds that the administrative charges
established by this resolution do not exceed the estimated costs of providing the
services for which the charges are imposed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Carlsbad, California, as follows:
1. The Mayor of the City of Carlsbad is hereby authorized to execute
an agreement with the City of Oceanside to provide, in conjunction with SDMC,
administrative parking citation disposition services pursuant to Assembly Bill 408.
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2. There is hereby imposed and established administrative fees for AB
408 administrative reviews of parking citations issued by officers, agents, and
employees of the City of Carlsbad. These fees are as follows:
Administrative Review Service - Fee
Personal Conference $ 22.50
Review by Mail 12.50
3. Fees established by Section 2 shall be deposited with the City
concurrent with any request for an administrative review of a parking citation unless
the person contesting the citation can provide verifiable and substantial proof of his
or her inability to deposit the full amount of the parking penalty and administrative
fee established by this resolution.
4. Any administrative review fee and parking penalty deposited pursuant
to this resolution shall be refunded in full if the administrative examiner finds that
the person contesting the citation did not commit or is otherwise not responsible for
the cited violation.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council on the 7th day of SEPTEMBER, 1993, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: Council Member Stanton
ATI'EST:
A
ALETHA L. RAUTENKRANZ, City Clerk7 (SEAL)
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AGRBmNT UITHCITY OF CARLSBAD Iy) PROVIDE ADMINISTRATIVE PARKING CITATION DISPOSITION
SERVICES PURSUANT TO ASSEMBLY BILL 408
THIS AGREEMENT is entered into this 8th day
SEPTEMBER , 1993, by and between THE CITY OF OCEANSIDE,
Municipal Corporation, herein called @'OCEANSIDE'I a
CITY OF CARLSBAD I hereinafter known as "CARLSBAD.~~
RECITALS
A. Effective July 1, 1993, stats. 1992, c. 1244 referred
herein as AB 408 decriminalizes the procedures for contest
parking citations.
B. AB 408 is intended to reduce the parking citat
caseload on the judicial system, reduce the need for
enforcement and parking code compliance officers to att
hearings, provide for a speedy informal hearing of contes
citations, provide adjudication by mail when appropriate,
ensure that an indiv,idual Is constitutional rights are maintaj
through access to a fair and impartial administrative hearing
C. AB 408 mandates all local jurisdictions to establis'
administrative hearing process whereby citizens can contest t
parking citations before filing an appeal in court. This pro
will require the public Services and Finance Departments of
City of Oceanside to coordinate the administrative hearings
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4. Provide monthly statistical reports to Oceanside 1
the handling and results of the administrative revi
process ;
F. The agreement between Oceanside and SDMC further stat
that SDMC will provide administrative examiners for persor
conferences at Northern San Diego County locations specified
Oceanside.
G. In view of the referenced agreement, Carlsbad
desires to utilize the services of Oceanside and SDMC, as its ag
and subcontractor, in providing AB 408 services on a six mo
pilot program basis pursuant to the terms and conditions stated
this Agreement.
I. PURPOSES. AND ACTIVITIES
Oceanside is hereby engaged to provide Carlsbad 5
AB 408 services in connection with parking citations issued wil
Carlsbad's jurisdiction. The services to be provide?
Oceanside may be provided directly or through its agent
subcontractor, and shall consist of the following:
A. Provide Carl shad with administrative examj
for personal conferences conducted consistent with
requirements of AB 408;
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making available conference rooms reasonably suitable' fc
conducting personal conferences within Carlsbad
jurisdiction as well as providing personnel necessary to accompli:
the orderly and timely conduct of such conferences. The:
conference rooms and personnel shall be provided at no charge
Oceanside.
11. MANAGEMENT
For Oceanside, the Oceanside City Finance Director
designated as the Contract Administrator of this Agreement a
shall be responsible to the Oceanside City Council regardi
program operations and expenditures. All official corresponder
shall be sent to the following address:
City Finance Director City of Oceanside Civic Center
300 North Hill Street
Oceanside, CA 92054
For cam , the city FhmCe Director is her(
designated as the Contract Administrator of this Agreement l
shall be responsible to the Ccarlsl;ad City Council regarding prog
operations and expenditures. All official correspondence shall
sent to the following address:
City Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
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and in no event shall either party be entitled to any compensation
benefits, reimbursements or ancillary services other than a
expressly provided in this Agreement.
B. It is expressly understood that the services to t
provided pursuant to this Agreement are that of an independer
contractor and no employee of either party to the Agreement sha:
be deemed an employee of the other party for any purpose. :
addition, no employee, agent or representative of SDMC shall 1
deemed on employee of Carlsbad for any purpose.
C. Oceanside shall and does indemnify Carlsbad and i*
officers, agents, and employees from and against any and a
damages, suits, actions, claims, costs and expenses directly
indirectly related to any work performed or services provid
pursuant to this agreement which result from the negligence
willful misconduct of its employees, agents or representativc
Such indemnification shall include any and all attorneys fc
incurred by either party in defending against such suits, actior
or claims whether the same proceed to judgment or not.
D. Carlsbad shall and does indemnify Oceanside and :
officers, agents, and employees from and against any and
damages, suits, actions, claims, costs and expenses directly
indirectly related to any parking citation submitted to Oceans
and performance of any obligation provided pursuant to t
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VI. COOPERATION
Oceanside and Carlsbad shall cooperate in good faith n
accomplish the purposes of this Agreement.
VII. DISABILITIES ACT COMPLIANCE:
Each party acknowledges that it will comply with t
requirements of the Americans with Disabilities Act of 1990 1
U.S.C. 512101) to conjunction with the rendering of any servl
performed pursuant to the Agreement.
VIII. DISPUTE RESOLUTION:
Oceanside and Carlsbad shall communicate
otherwise negotiate in good faith to attempt to resolve any disp
which may arise regarding respective rights, duties and obligati
under this agreement prior to resorting to litigation.
However, in the event that such negotiation does not resc
the dispute and the dispute proceeds to litigation, the prevail
party in such litigation shall be entitled ro recover reasoni
attorney's fees and litigation costs in addition to any o
recovery awarded by a court.
IX. TERMINATION OF AGREEMENT:
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a: WCB
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THOMAS J. .WILSON City Manager
ATTEST :
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
i. TITLE J ~YOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM: n \ ITY ATTORNEY 9/qv *
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