HomeMy WebLinkAboutRESO 4504ORIGINAL
RESOLUTION NO. 4 so4
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ENDORSING AND ADOPTING THE REGIONAL CRIMINAL PLANNING
BOARD CONCEPT AND AUTHORIZING EXECUTION OF JOINT
EXERCISE OF POWERS AGREEMENT TO CREATE THE SANTA CLARA
COUNTY REGIONAL CRIMINAL JUSTICE PLANNING BOARD
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The Council of the City of Palo Alto does
hereby approve and adopt the regional boards approach for criminal
justice planning and for the formation of regional criminal justice
planning boards for the purpose of assisting the California Council
in carrying out the provisions and purposes of the Federal omnibus
Crime Control and Safe Street Act of 1968.
SECTION.2. That that certain Joint Exercise of Powers agree-
ment entitled, "Joint Exercise of Powers Agreement for the Creation
of the Regional Criminal Justice Planning Board," in the form
attached hereto, marked APPENDIX A, and made a part hereof, is
h~~eby approved and the Mayor is hereby authorized and directed to
execute it on behalf of the City.
INTRODUCED AND PASSED: September 13, 1971
AYES: Berwald, Comstock, Dias, Henderson, Norton, Pearson, Rosenbaum
NOES: None
ABSENT: Beahrs, Clark
ATTEST: APPROVED:
~~ Mayor
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JOINT EXERCISE OF POl.1ERS AGP.EEHENT fOR 'fHE
CRl:;.\TION OF TUE lU::CIC:!AL Cr~U:U~AL JUSTICE
PLANNU~G BO/,Rll
This Agreement, by and between the COUNTY OF SANTA CLARA
(County) and those city governments within the County of Santa
Clara who becooe signntJries to this agreement 1 is made in the
light of the following recitals:
A. That the California Council on Criminal Justice (Council)
~s the state planning age~cy administering the programs under
the Fcrleral Omnibus Crime Control and Safe Streets Act of 1968
(Cri.me Control Act), has recommended that regions be f ormcd f ~r
the purposl'.' of assisting the Council in carr}ying out the
provisi\Jns and purposes of the said Act; and
B. That the Council wish-2 s to have a regional board for the
County of Santa Clara designated as Regional Criminal Justice
Planni,1.g Board for the purpose of planning, developin~,
co··ordinating ant:I administering criminal justice ir.1provement
programs within the region; and
C. That the Council has designated that the Regional Criminal
Justice Planning Board for the County of Santa Clara shall
encompass all the territory lying within the exterior boundaries
of the said County; and
D. That the parties to this agreement are desirous of enter-
ing into a Joint Exercise of rowers Agreement for the purpose of
creating the Regional Criminal Justice Planning Board. In the
interes~ of time, the parties hereto intend to make this agreement
effective upon its execution by the County and thoze cities
representing_50% of the population of the region, while being
nevertheless desirous of havi~; all cicJe~ within the region
become signatories to this agreement; and
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E. That Title l, Division 7, Chapter 5 of the Government
Code of the State of California authorizes such Joint Exercise
of Powers Agreements of two or more public agencies for any
power common to them; and ·-
F. That the parties hereto possess in common the power to
study, discuss, and recommend policies for the solution of
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cricinal justice problems and to design programs and develop
plans for the expenditure of funds for their solution;
NOW, THEREFORE, the County of Santa Clara and those city
governments that are signatories hereto, for and in consiser2tion
of the mutual promises and agreements herein contained, do agree
as follows:
1. ORGANIZATION
The parties hereby create an agency or public entity to
be known as the Regional Criminal Justice ~lanning Board
(Planning Board). Said Planning Board shall become an effective
governmental unit pursuant to Section 6500 et seq. of the
Government Code of the State of California, upon the execution
of this agreement by the County and by those ~ities representing .
50% of the population of the region. As provided in the law, the
Planning Board shall be a public entity separate from the County
and those cities that are parties to this agreement, and it shall
exist as such until such time as this agreement is terminated as
provided herein.
2. MEMBERSHIP OF THE GOVERNING BODY
The governing body of the Planning Board shall consist of
a minimum of 18 members that must include the following:
(a)
(b)
A member of the Boa1:d o! S11perviso:rs or
the County Executive, if so designated
by the Board, or both,
Sheriff,
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(c)
(d)
(e)
(f)
(g)
(h}
(i)
(j)
(k)
District Attorney,
Probation Officer,
Public Defender,
A Superior Court judge or executive
officer designated by the ~residing
Judge of the Superior Court,
A ~unicipal ~ourt judge or clerk designated
by the Presiding Judges of the Municipal
Courts in the county,_
Three Nayors or Councilmet1, two City
Managers, and two Chiefs of Police to be
selected by the t-1ayors' Selection Committee,
with at least one of them to be from the
largest city in the county,
A Model Cities Agency administrator,
At least three public members appointed
by the Planning Board,
Such other members as are selected by the
Planning Board subject to the approval of
the Council.
POWERS OF PI.ANNING BOARD
The Planning Board shall have the powers in its own
name to make and enter into contracts, to employ agents and
employees, to acquire, hold, and dispose of property, and ~o
incur debts, liabilities, and obligations necessary for the
accompli.shment of the purpos~s of this agreement. The Planning
Board shall have the power to sue and be sued in its own name.
4. DUTIES AND RESPONSIBILITIES OF THE REGIONAL
Pl.ANNING BOARD
The Regional Planning Board shall be required, in
accordance with its bylaws and the directives of Council, to:
(a) Develop, prepare, and submit a comprehensive
regional criminal justice ioprovement plan
in accordance with regional problems, needs.
and goals, with the format, schedule, dis-
tribution, and other specifications as the
Council may require.
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
Identify criminal justice problems and needs
in the region and encourage support and
assist with programs and projects proposed
by appropriate public and private entities
toward resolving such problems and needs.
Inform the Council promptly and completely
on all matters in the region affecting and/
or affected by the Council and its mission
an~ advise the Council in such matters.
Inform public and private entities in the
region affecting and/or affe~ted by the
Council in any instance pror.tptly and
completely of the Council's missions,
policies, and actions ancl advise such
entities in criminal justice matters.
Review and advise the Council in all letters
of intent and action proposals and keep the
proponents informed of th~ir status.
Monitor progress and/or changes in projects
on the basis of guidelines as may be
developed by the Council.
Appoint, establish the salary, ~nd assume
responsibility for th~ satisfactory
perfor~ance of the Regional Criminal Justice
Planning Director in coopctation with the
contracting public entity where the said
Director is or will be an employee of such
entity.
Review and approve the budget prepared by
the Reg5onal Criminal Justice Planning
Director and assure that the budget is in
conformity with state and federal requirements:
Form task forces or committees to assist in
planning, analysis, policy and goal recon~11end
ations, and such other functions as the Board
deems necessary; appoint the chairman and
assure satisfactory performance of each
of the committees or task forces.
Establish bylaws sp_ecifica lly dea lfng with
board membership, including compositi.on,
method and duration of appointment; task
force or special committee appointment
structure and composition; conduct of board
business and any other matters of concern to
the Fl~~ni~g Bo.~rd. The bylaws shall be
subject to approvaJ. of the Council. hyln~,·!:
amendments shall be reported to the Council
for approval within 30 days of their adoption
by the Planning Board.
Organize and maintain membership of the
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rlnnning Board in accordance with c;ouncil
requir~ments.
(1) Perforn other functions in accordance with
state and federal policy 8$ tht•y relate to
criminal justice plannii.1g.
5. BUDGET AND FINANCE
(a)
(b)
(c)
(d)
(e).
Before the Planning Board may spend any
funds it shall adopt a budget showing
the purpose for uhich the funds will be
expended, and source of such fund~. The
budget shall not be considered adopted
until it has been approved by the Council.
The County and each city eligible to
receive planning funds shall contribute
such matching funds as may be necessary
and such in-kind services as it con within
the capabilities of its own financial
structure. It is expected that the budget
shall be primarily financed by planning
grants from the Crime Control Act funds.
Under no circumstances shall thi: <l~hts,
liabilities, and cbligations of the
Planning Board be debts, .liabilities, and
obli.gations of any of the parties to this
agreement.
The Dire:::tor of Finance of the County of
Santa Clara shall be the fi.scal agent of
the rlanning Board and as sucb he shall
be the depo~itary and have custcdy of all
funds of sDid board. He sh~ll generally
act pursuant to the provi.sions of Section
6505.5 of the Government Code.
The Planning Board shall maintain appropriate
books, records, accounts and files showing
all receipts and disbursements of funds. The
Director of Finance of the County of Santa
Clara shall make an annual audit of the
accounts and records of said board.
The County of Santa Clara and each city
eligible to receive planning funds hereby
waive all such funds to the Planning Board.
6. INSURANCE
""It.Is understood that the ~lanning Board assumes all
responsibility for liability arising out of acts or omissions
of :I ts own members, officers, agents or employees. Planni.ng
Board shall purchase and maintain a policy of insurance for
cperational and automobile liability providinc not less than
the following coverage and limits of liability: For bodily
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ii\jury ~.?~n.ooo each pci:r.on. ~~.JOO,OCC c1ei1 o~cLff~·,·11c..-. r!'!'
p::opcrty t!arn.;igc $100,000. Planning Do~n: rn~~· agrc.•c w.tt·lt Lltc
Cl\Llnty of S~nta Clare; to bavc sai_d Col•:.t·y nc 0 0~ iatc wi :-h l:.:~.
i.n~urancc c.:irriEr to include the Pl~nn~.!·<~~ ilc·.'.l:c:l ns t:.n ;;.~!cl~ t'-
innal i.nsl,;red under ~h; County's compre!!C!1~ive 11'-l°!'lili::y
policy for the cost of which the Planni.ng Boco:d sl .;:ill reimb~ll .:;e
County. In such event the cov::?rage a~1..i 1 imit s of li.abi i·;.ty
appU.c.ahl€: to the Co;.m.ty si:all be equally applica:11c to Pl.:::1-
7. E~~}'ECTIVE DAT'iZ
· Th:i.s ag:.:ccment sha 11 be in full forcr: ancl c f:fcc t: up:.:·:~
the date of ex~cut:\.on by the County ancl these cit ics repreF.~•;.t
i.ng 50% of the popuJ.;:;. tion cf the regi.o~:.
Any party may, by rer.0J.ntion of : :--: go-,,erning 1-.ody,
'td th draw fr.o:.:i the agency. Wj thdra1.:c. lc Z·Lc;M mcm~e:::ohip i':'l t:.~
Cl;$Cncy by i.ndividual cities or the County shall :wt operate.: t·o
t i: .. rmina te the agreer:i~nt unless the rer.~<::. ining :nenlic:cship e=-~~; luf..L~g
tl~ County is less than those signatories representin& 50% uf th~
population of the regi.on. The parties hereto :.mrlerstend thc;t tht:
Council is endeavoring to enact legisl2tion for the c=eation cf
Rer;ional Crimi.nal Justice Planning Boarcis such cs the Sar;t~ Clan:i
County Regional Criminal Justice Planning Board. Upon crcat~ 0•1
of the Planning Board of this County by the State of California,
whether it be by legislative, administr.::itive or other ~ct, the
Co~nty and those cities reprecenting 50% of the population of
the rf'.gion may, in their discretion, by resolutions of thc:ir
governing bodies, terminate the Plannlng Board as an ~ctity
created by the provisions or this agree~~nt.
9. AMENDNENT
This agreement may be amended at any tin1c hy the written
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agreement of the County and those cities representing 507.. of the
population of the region.
COUNTY OF SAt-.'TA CURA
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