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" .
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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
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ATTEST :.
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City Clerk
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LAW ENFORCEMENT CONTRACT
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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
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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.
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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
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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
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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.
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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.
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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.
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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,
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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.
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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
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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:
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APPROVED AS TO FORM:
Deputy City Attorney
CITY OF MONTE SERENO
Date: - - --- By: -
City Manager
ATTEST:
APPROVED AS TO FORM:
Deputy City Attorney
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TOWN OF LOS ALTOS HILLS
Date : By: /,
City Manager
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`• ATTEST:
BY _.
to
APP e,,, T4 AS TO FORMa Tey/'
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4 O.U404.. .City Attorne •
4/18/80
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