City of Rolling Hills Estates (1980) Law Enforcement AGREEMENT111
THIS AGREEMENT by and between the City of Rolling
Hills Estates (hereinafter "RHE" ) and the City of Rancho Palos
Verdes (hereinafter "RPV" ) is made and entered into by each
party hereto on the respective dates indicated on the last page
of this Agreement.
WHEREAS, the parties hereto recognize that development
in one City can have a financial impact on the other and that
development in the Peninsula Center (hereinafter "Center" ) of
the Courtyard shopping area in the City of Rolling Hills Estates
will have such an impact on Rancho Palos Verdes; and
WHEREAS, it is reasonable for R.H.E. to compensate R.P.V.
for the added impact of Center operations on R.P.V. arising at
present and in the immediate future; and
WHEREAS, the parties hereto desire to transfer to RHE
jurisdiction of the streets in R.P.V. adjoining the Center to assist
in offsetting road costs; and
WHEREAS, in exchange for said jurisdiction and in order to
offset policing and other costs expected to be borne by R.P.V. the
patctLez dens,LJLe to enter into an avieement; ?)200
WITNESSETH:
FOR GOOD AND VALUABLE CONSIDERATION the parties hereto
agree as follows:
I. REGIONAL LAW ENFORCEMENT SERVICES
A. The parties hereto agree to enter into a
REGIONAL LAW ENFORCEMENT AGREEMENT in the form attached hereto
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as Exhibit A with the COUNTY OF LOS ANGELES, effective July 1, 1980.
1. Law enforcement and traffic enforcement
costs shall be shared by the members to the region
based on a formula that relates each city' s portion
of the service to the total service for the region.
The formula shall include as equal elements:
(a) Patrol time.
(b) Cases handled.
(c) Incidents.
(d) Citations.
(e) Accidents.
2. Burglary Apprehension Team costs shall
be shared based on a city' s burglary level as it
relates to the total regional burglary level, except as
modified by paragraph 7. below.
3. Special individualized services such as
crossing guards, parking patrol, student--in-law
programs and community services officer shall be the
responsibility of each city independently.
4. The performance and enforcement levels
for the region shall be mutually agreed to by a
governing board. The resultant boundaries of each
beat shall alsobe mutually agreed to and cannot be
changed without approval of the governing. board.
Police service to the various beats shall be
distributed in such a manner that the service levels
by
shall not varymore than ± 5% .
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111 111
5. The governing body shall be composed
of the City Manager and one member of the City Council
from each city. The Station Commander shall serve as
an ex-officio member of the governing body without vote.
All decisions of the governing body shall be by
consensus. The City Managers shall meet with the
Station Commander on a monthly basis. The governing
body shall meet quarterly.
6. The cost allocation for patrol and traffic
•by the formula shall be based on the previous calendar
year' s statistics applied to the budgeted cost for
the coming fiscal year.
7. Since R. H.E. has not had a B.A.T. service,
it is intended that one additional deputy with a vehicle
be added to the present level of three B.A.T. deputies
and that costs for the first year B.A.T. services (July 1,
1980 to June 30, 1981) be distributed as follows :
R.P.V. - 2. 15 units; R.H.E. - . 75 units; Rolling Hills
and County of Los Angeles - 1. 10 units. For the
second and all succeeding years , the cost distribution
of burglary services shall be governed by a formula
g
u in burglary statistics. The level of B.A.T. services,
s g y
if any, shall be determined annually. by each party. Any
t mayterminate its participation in the regional
party
aiecting5 aps
B.A.T. service without -e-f-f-e-c-tir its status in the
regional police agreement upon 90 days written notice.
8. The Sheriff shall keep all statistics by city.
9. Any city wishing to join the regional police
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area must be approved by the governing body.
10. Should the regional police service be
terminated bypartyfor any reason, the other
any
g7
ono v.L4,Lo n S o,6 thin Ayheem ent
to streets and police cost offsets by
agreements as
R.H.E. shall not be affected. However, a six months
advance notice must be given by any party wishing to
terminate this regional police service.
II. ASSIGNMENT OF JURISDICTION OF STREETS
A. During the period this Agreement remains in full
force and effect, R.P.V. grants to R.H.E. the following authority:
1. Full jurisdiction and liability for those
certain streets and their entire right-of-way described
in Exhibit B attached hereto adjoining the Center.
Such jurisdiction shall include the responsibility and
authority to make or require to be made as a part of an
adjoining private development all improvements and to
maintain such streets including but not limited to street
widening
• , striping, street maintenance, median and
parkwaymaintenace, lighting and traffic signal
installation and maintenance, as well as all liability
therefor. Responsibility for policing said streets shall
remain with R.P.V. as shall all policing statistics.
2. As additional consideration, such development
rights, if any, as are owned by R.P.V. in the area
surrounding the Center.
3. To grant curb cuts to property owners in R. H.E.
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adjacent to said streets. Courtyard shall only have one
curb cut on the R.P.V. portion of Indian Peak as approved
in concept by the R.P.V. Traffic Committee and agreed to
by developer, except that any change in such curb cut on
Indian Peak which may be necessitated by future requirements
may be approved by R.H.E. with R.P.V. ' s concurrance.
4. Upon recommendation of a professional
traffic engineer and approval of R.P.V. Traffic
Committee, the location of reasonable and appropriate
access to development in R.P.V. adjoining said streets
shall be granted by R.H.E. without condition except for
those off-site improvements normally required by R.H.E.
as a condition of development.
III. COST OFFSET
A. In recognition of the cost impacts on R.P.V. as a
result of the Center' s commercial activity, traffic, curb cuts,
etc. , R.H.E. agrees to contribute a sum to the Sheriff Regional
Law Enforcement Program established in Section I hereof, or to
p
any
successor Police Department or Department of Public Safety
used or established by R.P.V.
1. Said sum is over and above R.H.E. ' s
police costs or share of regional costs as calculated
by use of the criteria established in Section I , paragraph
1. above.
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!II
2 . Said sum shall be in an amount equal to eight
andtwo-tenthspercent (8.2 0) of the total R.H.E. sales
tax revenues received by the City.
3. Said sum shall be paid monthly to the agency noted
in A, above commencing with the month in which the two
department stores open for business in the Courtyard, but
in no
event more than three months after the first
department store opens.
IV. DEFAULT
A. If either party fails to honor the terms of Sections II
and III of this Agreement, the following agreed and liquidated
damages shall apply:
1. Should R.P.V. fail to carry out the provisions of
Agreement for any reason, then:
(a) R.P.V. loses all policing offset revenues.
(b) R.P.V. resumes jurisdiction of its streets
with all attendant costs and liabilities.
(c) All actions taken by R.H.E. with respect to
the streets while in their jurisdiction will remain in
force as though said actions were taken by R.P.V.
2. Should R.H.E. fail to carry out the provisions
of Agreement for any reason, then:
(a) The jurisdiction of the streets reverts to
R.P.V.
(b) All actions taken by R.H.E. with respect to
the streets while in their jurisdiction will remain in
force as though said actions were taken by R.P.V.
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(c) R.H.E. continues to be liable for all offsetting
costs to R.P.V. by the same formulas and to the same extent
as specified in this Agreement under Section III.
3. Should either party withdraw from the Regional Law
Enforcement Agreement described in Section I hereof, such action shall
not be deemed a breach of this Agreement and all the other terms
hereof shall remain in full force and effect.
4. The parties hereto agree to negotiate in good faith
anydifferences arisingbetween them prior to instituting any lawsuit
thereon.
5. In the event either party sues the other for failure
to perform any of the terms hereof, the prevailing party in such
litigation shall be entitled to attorney' s fees.
V. TERM
A. This agreement shall take effect and remain in full force
for thirty (30) years from the date the last party hereto executed
this Agreement.
VI. MUTUAL INDEMNITY
A. R.H.E. shall defend, indemnify and hold R.P.V. and its
officials, employees and agents harmless from any claim (s) or liability
arising out of its activities pursuant to this Agreement.
B. R.P.V. shall defend, indemnify and hold R.H.E. and its
officials, employees and agents harmless from any claim(s) or liability
arising out of its activities pursuant to this Agreement.
VII. AMENDMENT
A. This Agreement may not be amended except in writing and
signed by both parties.
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411
VIII. NOTICES
A. All notices or correspondence sent pursuant to or in
reference to this Agreement shall be addressed to the City Manager
at the City Hall of the City to whom the correspondence is addressed.
IN WITNESS WHEREOF the parties hereto have caused
their respective Mayors and City Clerks to execute this Agreement
in multiple originals on the dates written below.
CITY OF ROLLING HILLS ESTATES
CALIFOR
akitv&C- '
Date: 7f/he2/Vk
- / 9 By
MAYOR
x,
ATTEST:
n
CITY CLERK
CITY OF RANCHO PALOS VERDES
CALIFORNIA
Date: 02 / 0070 By400 "
MAYOR
ATTEST:
All ? Pr
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