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Home My WebLink About070-98RESOLUTION NO. 70-98 APPROVING AN AMENDMENT TO THE LAW ENFORCEMENT SERVICES CONTRACT WITH CONTRA COSTA COUNTY FOR THE PROVISION OF POLICE SERVICES TO SUBDIVISION 7452 (ALAMO SPRINGS) WHEREAS, the County ofContra Costa (the "County") and the Town of Danville (the "Town") entered into a Contract for Law Enforcement Services (the "Contract") effective July 1, 1983. Under the terms of the Contract, the County Sheriff provides law enforcement services to the Town; and WHEREAS, on December 16, 1997, the County and Town approved Subdivision 7452 (the Alamo Springs subdivision) which includes property in both the County and the Town; and WHEREAS, during the planning process for Alamo Springs, it was determined that due to topographic constraints and existing boundaries unique to Alamo Springs, the Danville Police Department would provide certain police services to the entire subdivision, including those parcels remaining in the unincorporated county; and WHEREAS, in order to carry out this purpose, the County and Town entered into a Joint Exercise of Powers Agreement CJEPA'') on December 16, 1997. In addition, the County has taken all necessary steps to create County Service Area M-30 CCSA M-30") and has levied an annual assessment to fund the services to be provided pursuant to the JEPA; and WHEREAS, in order for the Sheriff to authorize the Town to provide law enforcement services to the unincorporated area of Alamo Springs and for the Town to be reimbursed for the cost of providing such services from CSA M-30, it is necessary to adopt an amendment to the Contract, addressing only Alamo Springs; now, therefore, be it RESOLVED, by the Danville Town Council that an amendment to the Contract for Law Enforcement Services, in substantially the form attached as Exhibit 1 which is incorporated herein, is approved and that the Mayor is authorized to execute the amendment. APPROVED by the Danville Town Council at a regular meeting on May 5, 1998, by the following vote: AYES: Waldo, Arnerich, NOES: None ABSTAINED: None ABSENT: None Doyle, Greenberg, Shimansky MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERI{ PAGE 2 OF RESOLUTION NO. '70-98 AMEN DMENT TO CONTRACT FOR LAW ENFORCEMENT SERVICES RECIT,61.S · The County of Contra Costa ("County") and the Toln of Danville ("Town") entered into a Coreract for Law Enforcement Services (the "Contract") ~ffective July 1, 1983. Under the terms o~the Contract the County Sheriff provides law enforcement services to the Town. The service~ provided by the County and payments made by the ToWn are specified in the Contract and all irnendments thereto. B. On December 16, 1997, the County and Town apprc~ved the final subdivision map for the Ala~_o Springs subdivision. This subdivision includes property in both the County and the Town. ,During the platruing process for the subdivision, it was determined that because of topographic constraints and existing boundaries unique to Alamo' Springs, Danville Police Officer~F would be first responders to police services as described in County Service Area M-30 CCSA .M-30"), IC. Ln order to allow the Town to provide services to ~Alamo Springs, on December 16, 1997, the county and Town approved a Joint Ex~rcise of Powers Agreement CIEPA'). On that same date, the County Board of Supervisors (the '~Board") adopted Resolution No. 97/695 Town· ! ~D. The Alamo Springs JEPA recognizes:the Town may only provide law enforcement servieeb to the unincorporated areas of Alamo Springs with thel speei~e consent and authorization of the County Sheriff.. The Sheriff has determin~e~ that while he will retain junsdiqtion, it is appropriate to reimburse the town, in this case due to the following unique eireum,tst, ances: the Alamo Springs subdivision is ;being deveto'~,p~ with homes in both the County and the Town; Alamo Springs is topographically isolated and ,may only be reached through Danvii!e; the unincorporated area of the subdivision is further isolated and may only be reached by driving through the portion of the subdivision which will be in the Town; the Town's police depart~,ent may be serving homes on the same streets as homes in the unincorporated areas. * E. The County and the Town have determined that it il appropriate to amend the existing Contact in order to address the unique eircums~nces involvin~ Alamo Springs. NOW,i THEREFORE, the County and Town agree as follows: ! 1. Authorization to provide law enforcement services. i While the County Sheriff mains jurisdiction over the unincorporated portion of the Alamo Sprihgs subdivision, the Town is autho ' ed to provide law enforcemere services to the entire Alamo Springs subdivision, incluiTXg those portions remaimng within umncorporatecl Conira Costa County. 21 Allocation offands from CSA M-30 CSA M-30 will annually levy an assessment on amount, w~ch ~ll be ~t purist to the methodo[o~ con~n~ tin t~ ~PA ~d En~n~r's Report fOr CSA M-30, w~ be paid by the County to the She~ff pUrsua~ to the Coun~'s ~tem~ procedures for ~sb~s~ent of t~es ~d assessments. 3~ P~ment Pro~sions. ~ detem~ng the annu~ payment due ~om the To~ ~der Comract~ tM County s~ cr~it ~e To~ for ~ mount ~u~ t~ the ~nds a~ocat~ to the She~ff~m CSA M-30 for ~at fis~ year. 4: No Pr~ent Established. The Town ~d the County ac~owledge t~t tMs mend ~ m t to ~e Con~a~ is b~ on circum~ces umque to th6 ~mo Springs subdMsion. By em~g into t~s a~m~t ~d author~in8 the Town to provide law e~or~mem ~s to ~ unin~orat~ m thc Sh~ff is not establish~g ~y pr~d~t to be app~ in ~h~ uninco~orated areas of the CounW. 5,. Amendment Effective with Contract. long as the Contract is in effect COUNT, Y OF CONTKA CO STA Chair, B yard of Supen, isors Sheriff-Coroner ATTESTr: Clerk of the BOard APPKOVED AS TO FORM: Post-It Fax Note 7671 Co.,Dept Fax # This amendmenl TOWN OF DANV Mayor ATTEST: City Clerk shall remain in force only as LLE APPROVED AS 'tO FORM: ney TOTAL P.04