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HomeMy WebLinkAbout1286 o"c • 411 RESOLUTION NO . 1286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE TOWN OF LOS ALTOS HILLS SETTING THE TIME AND PLACE OF HEARING ON PROPOSED ADDITIONS AND AMENDMENTS TO THE TEXT OF CHAPTER 5 OF TITLE 9 OF THE LOS ALTOS HILLS MUNICIPAL CODE ENTITLED "ZONING LAW OF THE TOWN OF LOS ALTOS HILLS ," AND CONSISTING OF ADDING SECTIONS 9-5 . 208 (1) AND 9 -5 . 208 (2) , AND BY AMENDING SECTIONS 9- 5 . 209 AND 9-5 . 502 , AND SUBSECTION (a) OF SECTION 9- 5 . 503 THEREOF, AND CONSIDERATION OF ADOPTION OF PROPOSED NEGATIVE DECLARATION IN CONNECTION THEREWITH WHEREAS, the Planning Commission has caused to be prepared and has considered and recommended to the City Council that it adopt amendments to the Zoning Law of the Los Altos Hills Municipal Code which are described more particularly in the Notice of Public Hearing and of Preparation of a Negative Declaration, marked Exhibit "A" , attached hereto and incorporated herein by reference, NOW, THEREFORE , BE IT RESOLVED as follows : 1 . The City Council does hereby set the hour of 7 : 30 o 'clock p .m. , Wednesday, July 16 , 1980 , in the Council Chambers , Town Hall , 26379 Fremont Road, Los Altos Hills , California, as the time and place for the Public Hearing on the proposed amendments as required by the Govern- ment Code of California, and as the time and place when the City Council proposes to adopt the Negative Declaration described above . 2 . The City Clerk is hereby ordered and directed to cause notice of said Public Hearing and of the preparation of the Negative Declaration to be made by posting in at least three (3) public places in the Town not less than ten days prior to the date of the hearing, the "Notice of Public Hearing and of Preparation of Negative Declaration" in the form attached hereto and marked Exhibit "A" . y • • 3. The City Clerk is further ordered and directed to give notice of said Public Hearing by first class mail to any person who has filed a written request therefor with the City of the Town of Los Altos Hills . 4 . The City Clerk is further ordered and directed to cause to be mailed a copy of the Notice of the Preparation of the Negative Declaration to all organizations and individuals who have previously requested such notice . REGULARLY passed and adopted this 2nd day of July, 1980 . By ��•�\ ayor `� ATTEST :. • City Clerk - 2- • LAW ENFORCEMENT CONTRACT 1 This is an agreement between the County of Santa Clara, State of Cali- fornia, -hereinafter referred to as "County" , and the City of Saratoga, City of Cupertino, City of Monte Sereno and Town of Los Altos Hills, State of California, hereinafter for convenience referred to collective- ' ly and individually as "City" : WHEREAS, County has the legal authority to render law enforcement ser- vices to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner herein- after provided; and 1 WHEREAS, City is primarily responsible for providing law enforcement services within city limits and is desirous of contracting with the County for the rendition of such services; and WHEREAS, County and City have previously entered ' into agreements for • said services, the most recent of which covered fiscal year 1979-80. WHEREAS, County and City desire to enter into a new agreement- providing for said services, specifying the nature and extent thereof and estab- lishing compensation to be paid therefore; NOW, THEREFORE, the parties hereto agree as follows: I. General Law Enforcement Services. A. Within the corporate limits of City, County shall provide police.protection through its Sheriff' s Department as may be required by City and as within the capability of the Sheriff { to provide. Services to be performed under this Paragraph I include patrol of established beats, responses to emergency calls, investigative services and other law enforcement services. 1 B. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff. C. In the event of a disagreement as to the performance of the services to be provided pursuant to this Paragraph I, the Sheriff or his designate shall meet with. the representa- i tive(s) of City to review the manner of performance of such services. II. Supplemental Services. A. Within the corporate limits of City, County shall through its Sheriff' s Department, provide supplemental services as re- quested by the City to the extent provided in the Schedule of Services and Costs attached hereto and made a part of this contract as .Exhibit A. Services to be performed under this Paragraph II shall be provided exclusively within the City limits of City except in extreme emergency. These services may include, if requested by City, traffic enforcement, crime prevention patrols, and other law enforcement services that are capable of being scheduled and within the capability of the Sheriff to provide. B. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager . of City. In the event of a disagreement as to the perform- ance of services provided in this Paragraph II, the decision • in such a matter shall rest in the sole discretion of the Sheriff; provided, however, that the Sheriff shall not have the authority to increase the total hours of supplemental services to be provided to City pursuant' to Exhibit A. C. Exhibit A may he revised from time to time by the mutual con- sent of the parties, and is otherwise subject to revisions by County as provided in Paragraph IV A. 2, below. D. City shall maintain a minimum level of daylight supplemental services as follows: Saratoga, 80 hours per week Cupertino, 140 hours per week Monte Sereno, none Los Altos Hills, none 2 III. Park Patrol/'Transportation Unit Services. (Supplemental) A. These services are provided by reserve deputy sheriffs. Their primary responsibility is the patrolling of the parks within City and the transportation of arrestees from the arrest location to the appropriate jail facility. The re- serve units may provide additional services as requested by City and approved by the Sheriff' s Department. IV. Compensation, A. Rates 1. Compensation for all services to be rendered pursuant to this agreement shall be based upon one of the following five (5) rates per hour of service: (a) Primary- Rate. This rate is calculated to reflect the average full cost of operating a Sheriff' s patrol vehicle. (b) Supplemental Day Rate. This rate is calculated ac- cording to the cost of operating a one-man Sheriff' s vehicle during periods when the night-shift differ- ential salary increment is not payable to the deputy who operates the vehicle. (c) Supplement Night Rate. This rate is calculated ac- cording to the cost of operating a one-man Sheriff' s vehicle during periods when the night-shift differ- ential salary increment is payable to the deputy who operates the vehicle. (d) Supplemental Overtime Day Rate. This rate is cal- culated according to the cost of operating a one-man Sheriff' s vehicle on overtime during periods when the night-shift differential salary increment is not payable to the deputy who operates the vehicle. (e) Park Patrol/Transportation Unit Rate. This rate is calculated according to the cost of operating a two- man Reserve Deputy Sheriff' s vehicle. 3 2. The foregoing rates are shown on Exhibit A, attached hereto. These rates shall be revised by County to re- flect changes in cost. County shall give City as much advance notice of rate changes as is practicable, but to the extent such changes cannot be accurately projected. County shall give City notice of such changes as soon as practicable after changes in cost occur, and not later .than thirty (30) days following the effective date of the revised rates. In recognition of City' s annual budgeting requirements, each fiscal year' s cost to City of any rate increase( s) shall not exceed one hundred ten percent (110%) of the highest actual rate (annualized) in effect during the prior fiscal year of which County had provided notice to City not later than two (2) months prior to the start of the fiscal year in question; provided, County reserves the right to review the rates after the first nine (9) months of each fiscal year and if the projected rate(s) for the fiscal year will be more than the maximum rate(s) allowed as stated above, the County, after con- sulting with City, may increase the rate(s) in amounts not to exceed one hundred fifteen percent (115) as calcu- lated above. B. Compensation for General Law Enforcement Services. . 1. In fiscal year 1980-81 (effective July 1, 1980) City shall compensate the County monthly, and at the primary rate, for two hundred percent (200%) of the hours of "activity" time expended in City, one hundred eighty per- cent (180%) of which is for services paid for in the 1979-80 agreement and twenty percent ( 20% ) of which covers detective services . In fiscal year 1981-82 (effective July 1, 1981) City shall compensate County monthly, and at the primary rate, for two hundred fifteen percent (215%) of the hours of "activity" time expended in City and thirty-five percent (35%) of which covers detective services. "Activity" time includes all re- ported time which relates to an activity listed on the attached coding sheet, Exhibit B. 4 2. The maximum :'activity" hours to be compensated by City in any one fiscal year shall not exceed one hundred five percent (105%) of the total number of actual "activity" hours worked in the fiscal year immediately preceding the fiscal year in question. County reserves the right to review the activity- hours after the first nine (9) months of each fiscal year and if the projected activity hours for the fiscal year will. be more than the maximum hours allowed. as stated above, County, after consulting with City, may increase the maximum hours to an amount not to exceed one hundred ten percent (110%) of the total number of actual "activity" hours worked in the fiscal year im- mediately preceding the fiscal year in question. The maximum "activity" hours shall be recalculated annually by County, and shall be provided to City not later than two (2) months prior to the start of the fiscal year in question. For the purpose of making this calculation, County may estimate the "activity" hours during the six (6) month period immediately preceding the fiscal year in question to equal twice the number of hours provided during January, February, and March of that period. 3. The minimum'compensation to County by City for general law enforcement services shall be an amount equivalent to* patrol car hours per day at the primary rate speci- fied on Exhibit A, attached. C. Compensation for Supplemental Services. City shall compensate County monthly for each hour of Supple- mental Service at the rates specified on Exhibit A. * Saratoga: 24 Cupertino: 24 Monte Sereno: 3 Los Altos Hills: 9 The respective two hundred percent ( 200%) and two hundred fifteen percent (215%) factors in Section IV. B. 1. are not included in the minimum compensation computation. 5 D. I re( ucnc of Payment._ compensation for all law enforcement p services shall be due and payable by the end of each month. County shall notify City of the amount of compensation due for the services pro- , vided not later than the 15th day of the month following the month in which such services were provided. V. Reports • A. County shall provide to City on a monthly basis report(s) on the incidents of crime and "activity" hours expended .within City. Said report(s) shall differentiate between "general law enforcement services" and "supplemental services" , and shall be in a format as agreed upon, between County and City which is sufficient for a determination of the compensation due to County for general law enforcement services provided. during the month in question. B. City may withhold payment for services provided in a particu- lar month until City' s receipt of the report pertaining to that month. C. County shall give City prompt notice of any change(s) to patrol beat' s corporate limits. D. Special additional reports requested by City may be provided at cost. VI. Specialized Equipment. If City desires specialized traffic enforcement, such as radar, • City shall purchase and maintain required equipment and make such equipment available for use by County. VII. Insurance and Liability. County and City shall provide its own coverage for any potential 'liability arising agreement. from this a reement. • • 6 t ' VIII. Term of Agreement. This agreement shall become effective on July 1, 1980, and may be terminated without cause by County or City upon the giving of sixty (60) days written notice of such termination to the other party. In the absence of such notice of termination, this agree- ment shall be effective from year to year subject to any modifi- cations which are made in accordance with the terms and condi- tions of this agreement. IX. Revocation of Prior Agreements. All prior agreements between the parties providing for the per- formance 'of law enforcement services shall cease to be effective on July 1, 1980. X. Interpretation/Severability. This agreement is the product of negotiations between the County and the City parties acting collectively. Irrespective of the manner, method, sequence or dates of execution of this agreement by the parties, the agreement shall apply to the County and the respective City( ies) who sign, and except as County and the City( ies) may later .agree, this agreement is to be interpreted and applied consistently to all Cities where common language applies; but for all other purposes this agreement shall be con- sidered as separate agreements between County and the respective • City(ies) , incorporating by reference the applicable Appendix A, as appropriate. IN WITNESS WHEREOF, County and City hereto have executed this agreement on the date(s) set forth below. COUNTY OF SANTA CLARA Date: By: Chairperson, Board of Supervisors • • 7 ATTEST: DONALD M. RAINS, Clerk Board of Supervisors APPROVED AS TO FORM: Deputy County Counsel CITY OF SARATAOGA Date: — — -- By: --- City Manager ATTEST: APPROVED AS TO FORM: Deputy City Attorney CITY OF CUPERTINO Date: _ _ _ By: City Manager ATTEST: • APPROVED AS TO FORM: Deputy City Attorney CITY OF MONTE SERENO Date: - - --- By: - City Manager ATTEST: APPROVED AS TO FORM: Deputy City Attorney 8 i i • • • • TOWN OF LOS ALTOS HILLS Date : By: /, City Manager 1 `• ATTEST: BY _. to APP e,,, T4 AS TO FORMa Tey/' \ . • 4 O.U404.. .City Attorne • 4/18/80 • • • • • • •