HomeMy WebLinkAbout1975-02-04; City Council; Resolution 35841
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RESOLUTION NO. 3584
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CREATING AND ESTABLISHING THE CITIZENS AND PRO- FESSIONALS ADVISORY COMMITTEE ON PUBLIC
SAFETY ELEMENT OF THE GENERAL PLAN.
WHEREAS, the City of Carlsbad is required by Government
Code 5 65302.1 to prepare and adopt a Public Safety Element of
the General Plan; and
WHEREAS, the purpose of establishing a citizens and
professionals advisory committee is to obtain maximum citizen
participation in the formulation of the Public Safety Element: anc
WHEREAS, citizen, professional and agency consultation
and advice is necessary to insure maximum coordination;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
SECTION 1: In accordance with the provisions of S 65304
of the Government Code, the Citizens and Professionals Advisory
Committee on Public Safety Element of the General Plan is hereby
established.
SECTION 2: This Committee shall be an advisory committee
consisting of members having a special interest and/or qualifica-
tions in public safety or related matters.
SECTION 3: This Committee shall be responsible for the
following:
(a) Identifying potential and existing
in the community.
(b) Determining the possible effects o
on the community.
safety hazards
these hazards up
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(c) Identifying means of reducing hazards.
(d) Recommending levels of acceptable risk.
(e) Recommending safety programs and policies.
SECTION 4: The Committee shall be composed of nine
members appointed by the Mayor with the consent and approval of
the City Council.
SECTION 5: The Committee shall serve until the recom-
mended Public Safety Element is adopted by the Planning Commission
whereupon the Committee will be dissolved. The Committee shall
select a chairman from among its members.
SECTION 6: Meetings of the Committee shall be governed
by rules as adopted by the Committee.
SECTION 7: .The Committee shall meet as frequently as
required to complete the tasks assigned it at the call of the
chairman.
SECTION 8: Primary staff support shall be provided by
the Planning Director with other staff support being provided
by the other departments as the Committee may desire.
SECTION 9: Members shall serve without compensation but
will be reimbursed for personal expenses incurred in the per-
formance of duties determined to be official in nature by the
City Manager.
PASSED, APPROVED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, held on the 4th
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day of February , 1975 by the following vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis and Skotnicki
NOES: None
ABSENT: None
ATTEST :
(SEAL)
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,THIS AG-EE,EYT is e~tered into by and ktween
the County of San Diego, hereinafter referred! to as "County", and the City of hereinafter referred to asmursuant to authority granted in Article I (coxmeacing with Section 6500) of C3apter 5, Diyiision 7, Title 1
of. the Govern-nent Code relatir,g to Joint Powers Agreements.
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TWELR3ASy City is desirous of obtaining a current accurate ce-n_s'-Is (enu!!eration of population) within its boundaries; and
FEEF.EAS, County is Cesirous o? obtainiag-a
carrent accrxrate census' of both the incorporated
an3 unincorgorated portions of the Couzky of San Dieyo; arid
WWEPJIAS, the census nay 52 usedy inter alia, for the pixpose of dzteri?.iciq an-litkz~nt to cat2i.n 92s tax revenues uder Revenlle znci Tzxation Code Szction
11001 e%. sq.; and
I?HE?XAS, pursuznt to 2,,ever?ue and Taxation Code
Section lIGG5.6, said census n3y bs used for the purpose of deternining entitlezent to gas tzx revenues
only if it is cor,ducted uzlc3er the supergisiolz of the c
Population 3ssearch Unit of the State Ds~:rLxent or
Finance (hereinafter referred to as "Population Research
Unit") ; and
costs to City and Coznty associated with ths provision of
supplies and with the administration 05 p9rsonnel re-
quired to conduct the census WOUE be reduced if County were to purchase all supplies and fnandle al'l ahinistration of personnel for a County-wide census and were to be
reimbursed by City for the prcportionate share of that
cost allocatable to City; and
WIIEIEAS, City and County racoqrize that the Eotal
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WHEREAS, on Decerrber 10, 197.1 the 20ar2 of Supervisors .
GCMG: gvb of County, pursuant to Government Code Section 26203,
adoptcd Ordilzancc KO. 4427 (Sew Series) authorizing Com-ty
to take a census of the County of Sdn bicgo in the ysar
1375 l-ihic3 ccnscs shall bc vLilic':acc5 by c?i.c Popula.:lc:i
Research Unit; and
Iiev . l/i 7/7 5
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, thc CFt.i7 !:o!.:ncil
of City, prsuafit to Gavcrzrsx1.k CZI?.~ Sections 40T'?;! Z~C?
40201, 2292ted _pesolztioil X?7o. 2ec!.aring its intent503 to. cause a census to be taken of tke City of
shall be validated by the %plation Eksearch Unit; and
WXE?SAS, City is desirous of having County conduct,
under suTarvlsion of the PopulaYion Research Unit,' a
census w5thin the boyndaries of City, and County is
desirous of perfo-ming this service, subject to City's agreemat to reimburse County for the cost 02 same as determind below; Ei)W TiIEEEFORE .
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h-i-=?XAs , on
Carlsbad in the year 1975, vhich ce2si-i~
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IT hS IRJTUALLY AGREED by and between the parties heretor 'ir?ar? the fol1o:Ting terns, covenants and con- ditions, zs follows:
Section 1. SC0'25 OF SEWICES
A. County agrees to:
(1) Provide ell services zsscxizkd with the
negotiation of a coritract with the r3epa.rkn,ent
' of Finance of the State of California for the
purpose of conductizg a 1975 census (enmezation
of Fopulaticn) of the incorporated am3 uzin- corporated areas 'of the County under- the
supervision or' Population Iiesearch Upit.
112) Provide all services associated with personnel aiiiiinistration an2 fhcal support . _related to the conducting of the census, speci€ically the recruitment, hirizg, training,
@onpensation, supervision, and termimtion of
all census personnel required to conduct the census,
I3) Contract for the services of, or employ,
the following classifications of personnel
zequired to conduct the ce~sus:
(a) Supervisors
(b) Crew Leaders (c) Enumerators
C4) Provide all services associated with acquisition of the followigg itas as necessary
20 properly conduct the cer-six.:
(a) (hl Office and census supplies
(c) Telephones and other utilities
Tapordry office spacc &d furniture
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aTreerients, contrzct~, ~1xctl2se srC?'zrs, and leases to obtairi si-:Z sczvFcn,s.
(5) Provide all services associ3ted with thz
purchase, printing, storaye and distriSution
of any and all su2plies and Corms necessary for the proper conduct of thc census, except as
indicated in Section 1.3. below.
(6) Arrange for publicity of the census, said publicity to include television, radio and
newspaper coverage.
(7) Conduct the census, under supsrvision of the PopulatSon Xiesearch Unit, within the boundaries
of City, said! census to begin or? or about
March 1, 1975 and end on or about April 30, 1975.
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(8) Provide data processing support associated
with transferring data on the porto-punch carcis used to take the census to a magnetic tape and to transxnit that inagnetic tape to the Population
Research Unit,
(9) Provide, upon corr2Letion of the census and as authorized 5y the State Cepartm-ctnt of
Finance, a tape an6 a ?rint out of census
information relating to City.
B. City agrees to provide census tract maps for all territory locattc7, within its boundaxies.
Section 2. OTER CENSUSZS, EXU3iER3TIONSI OR POPULATIGN
ESTIXATES
County's responsiibility and liability for the
conduct of a census within City's boundaries shall be
limited to that census of incorporated and unincorporated territory of the Courky contracted for between County
and the State Departnent of Finance which is referred to in Section 1.2,. (1) of this Agreement.- County shall
have no re'sponsibility or liability for the conduct o:, or payment for, any censuses, enumerations or population estimates which City may contract for with the State
Departmeat of Finance, or any other census taking or assisting agency.
Section 3, CONSIDER\TIOX FOR SEXVICES
A. City agrees to pay County on or before Yarch 1,
1975, as papent for servkc?s to b?:: rendered
the amount s? $a.,2.o0 oa-i,.
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C.
(11 If City offers at no charge to County, and
County accegts, office space which is availabfe fron March 1, 1975 thlrouqE April 30, 1975 "or
census taking purposes, - the "Value of City-Provided Office Space" [referrcc? to as "L" below) sh-all
equaL the Square Foctaqe of City-Provided office
Space [referred to as "M" below) multipliec! by
the Average Square Footzage Costs of All Office
Space Rented by County For 1975 Ce~z'ls Takhg
Purposes (rezerred to as "N" below), as in tire
f o 1 lowing formula :
L=MxN
(21 If City offers at no charge to County,
and County acceptsc the use of automobile Cs) (not to exceed five) for census taking ?ur?oses,
the "Value of Each City-Provicled AutomcSile"
a!ld
"P- '' below] shall-equal tfie Nlnber or ?!Fles 3' Traveled by That Autsxobile !_reZcrrd to 2s
"Q7 , mul'ciplrea by the ?.a.te of Xeinbursenent Pez
Mile (referred to as "Zit .$elow) , as in the
followixg fcmulas :
(referred to as ,. I' "P2, 'lP3 'rp A' I1
"?2: "Q3, 'I "Q4, '* ar?C "05, 'I ~s~oQ?!
P2 = 42 x 'R
P3 = 43 x R.
P4 .p Q4 x R
The Rate 05 RsimbursPment Per Mile ("R") shall
equal 16 cents/mile for the first' 750 miles ir,
any month and 10 cents/mile for every mile there-
after in any month, City, at its expense, shall
be responsible for all costs incxrred in the us?
of each City-Provided Autoztobiie including, but
not limited to gasoline, oil, maintenance, repairs
and insurance coverage.
County's determination of,all amounts and neasure- merits under this Scction 3 shall be final, subject to the Rcr3i.t 'provJisisns of. Section 7.
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-. I Coun2y shall Trcvide to City, 2s ai~thozizA by th.2 Population Research Unit, a 11.sylat.ion isi’j’u~:p_ obtained as 2,
result 05 this census. city 5hail s,dvise the Population Research Unit regarding whether it vFshes this po?ulaiti.cn
figure certified to the Controller of the State of Calizornia
for purposes of determining entitlement to gas tax revenues
unaer Eevenrze an2 Tasation Code Section 11001 et seq. -
Section 5 CITY LIAISO3T EMPLOYEE
,
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City agrees to designate a City Liaison Zmployee to assist in coordination of the census vithin the boundaries of City.
This City Liaison Exployee shall be, for all purposes arising
out of this Agreement, an employee of City and mt an evployee of County,
Section 6. ENVIRONMENTAL CO>JSIDSTSITION
County is hezeby designated as the Lead Agency as that term
is defined in the “Guidelines for Impleinentation of the Califorriia Environnental Quality Act of 1970” (Ch. ’3 of Division
6 of Title 14 of tho, CaliforRFa Ahirristrative Code, cormencing with Section 15OC)O) , as amen6ed. Before cormencing the rendition
of services hereunder, County as Lead Agency, shall tzke all
. steps, mzke all studies and perforn all requireaents necessary to comply fully with the Envirornental OualFty Act of 1970 (Division 13 of the Public 3esources Code, corniiencing with
Section 210001, as amended, and as nay hereafter he anezlded,
Copies 02 all actions, studies, reports, evaluations a~6 other docunents.produced in connectior, with County’s duties pursuant to this section shall be furnished to City,
Section 7. AVDIT
At any time &.ring normal business hours and as often as
the City of San Diego may deem necessary, County shall make
available to the City of San Diego for examination all of its
records with respect to all xatters covered by this Agreement
and will permit the City of San Diego to audit, examine and
‘make excerpts or transcripts of such records, and to perform
audit procedures as deemed necessary with respect to all invoices, payrolls, personnel records, equipment, materials,
and other data relating to matters covered by this Agreement. City agrees to accept the audit of the City of San Diego as
its entitlement to Audit under this Agreement.
Section 8 - IXDEMNIFICATION
A, City; its agents, officers, and employees, shall not be held liable for any claims,,liabilities,
penalties, fines or for damacje to any goods,
properties or effects of any person whatsoever,
nor for 2ersonal injuries to or death of them, or any of them, caused by or resulting from any neglicjent acts or omissions of County, or its agents, employees, or representatives, not
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ixludir,g liability by ,re?scn ~f ;icts or cr1i3sioi:s cau:;e:! 517 Cit;f, iL:; :tr-j:!~ks or
shnll no5 be hcld liable fsr ?my clc?.is?.s, 1Fz.:l?i15.!-;?- d-L.2 *
pznnlties, Cines or for rjax-taqe to my ~oo?~~
properties or effects of my pcrson tihatr.socver , nor for personal injuries to or death of tkn, or any of them, cailsed by or resulting fro= any negligent acts or amissions of City, or its
agents, m~loyees, or representatives, not in- cluding liaSility by reason of acts or cnissions
caused by County, its agents or ezployees,
--. ar.J Cc)un'cy, iks zTnnL-. - -3, c.:rLc'rs, 3rcl c?.;io;.1._.;
E. Coufity further agrees to indemnify, and save free and hamless City zrk? its autk9rized agents, officers and employees aqzinst neglirjent acts or
omissions caused by County, its agents or
eixployc2s, and ani7 cost ZEZ ex2enses incurred
by the respective parties on account of any
claim therefor, an2 City- a3rees to indasnify and save free and hamless County and its authorize5 representati7res and exployees dqainst
negligent acts or c;nisaions caused by City, its agents or enployezs, ard any cost a32 exlpecsas incurred by the respczive parties on account of any claim therefor.
C. It is conternplated by the parties that this indemnity agreexent is not limited in any way
by the extent 02 any 23licy of insurance currently in force md heid by eitker party,
This documer,t embodies the agreement between Courzty and City for the census taking service described herein and its terns and conditions. No verbal agrsements or conversation with any officer, agent or employee of County prior to the execution of this Agreerr.ent shall
affect or modify any of the terms or obligations con-
tained in any documents comprising this Agreexnt, Any
such verbal agreenent shall 52 considered as unofficial information and in no v;ay binzing upon County.
Section 10. SEVERABILI?Y OF PROVISIOYS
If any provisions of this Agreement are held invalid, the remaindp,r of this Agreement shall not be affected thereby if such remainder t:oulii then continue to conform to the tems and xequireinents of agplicable law.
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Section 12. I?inE?E>TDZ??T COfJT?I'.;CITO_',-CT02
county is, for all'pxrposes arising out 02 this , Agreensnt, an independent contractor a_n,d no employce of
County is, for any purpose arising out of t5Fs Agreeiient, an employee of City.
This Agreemerzt may be amended at arry time by mutual
written agreenent of the parties hereto.
The Deputy Director of Planning, Planning Services, of County or his &?.signate6 representative shzll represent
County in all matters pertaining to this AqreerreRt 2nd
shall adninister this Agreement on behalf of County.
IN WiTXESS Ti?Z,P,WOF, this Agrzesent is executed this
4th day of February , L975,
CITY-OF, CARLSBAD
"ROBERT c. FRAZEE, Bllayor of the City of Carlsbad, Cal i forni a
COUNTY OF S2JJ DIEGO
.. . BY
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