HomeMy WebLinkAbout14-165 Santa CLara County, Fremont Union HIgh School District for SRO EXHIBIT A
CITY COUNCIL FINDINGS IN RESPONSE TO PETITION FOR RECONSIDERATION
1. Ground for Reconsideration #1 (Section 2.08.096 (B)(3) of the Municipal Code]—Council acted in excess of
its jurisdiction
Petition � Finding
The General Plan allows buildings with a retail The petitioner presented this claim at the
component located in the South Vallco area to August 26, 2014 Planning Commission hearing
be constructed up to 60 feet tall. Otherwise, and submitted similar written comments for
buildings may be constructed up to 45 feet the October 21, 2014 Council hearing. Both the
without a retail component. The petitioner Plann.ing Commission and the City Council
alleges the hotel project has no retail thoroughly considered and discussed this
component and therefore should not be claim and acted upon the project accordingly.
allowed to be constructed at its approved
height of 60 feet. Restaurants are considered legitimate retail
uses and are allowed in the City's General
Commercial Ordinance since they provide
direct contact with customers and generate
sales tax.
The intent of the General Plari s 60-foot
building height policy in South Vallco is to
promote active ground floors. Based on past
approvals and Council practice, restaurants
have been deemed to be an appropriate ground
floor retail use that supports the 60-foot height
allowance.
Finding and conclusion: It is within City Council's jurisdiction to interpret the General Plan and make
decisions on its implementation. The petitioner has not provided any proof of facts that demonstrate the
Council proceeded without, or in excess of its jurisdiction.
2. Ground for Reconsideration #2 (Sections 2.08.096 (B)(5)(b) and (c) of the Municipal Code] — Council's
decision was not supported by facts or the findings of fact were not supported by the evidence.
Petition Finding
The petitioner notes that Hyatt House is an The General Plan's building height policy was
extended stay, business service hotel with discussed in detail in the October 21, 2014 staff
limited amenities to serve hotel guests, such as report and at the Council hearing. The Council
complimentary breakfast and in-room kitchen considered the petitioner's testimony as
facilities. The petitioner claims that there was provided but found that the hotel's restaurant,
no finding of fact in the October 21, 2014 staff bar, and other active commercial ground floor
report and meeting minutes that the hotel's uses are considered retail, thereby allowing the
restaurant and bar is considered retail. 60-foot building height.
In addition to servin the hotel uests, the
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA,
CITY OF CUPE ND I. REMONT UNION HIGH SCHOOL
I►STRICT
This Agreement, dated August 1, 2014 by and between the City of Cupertino
(City), the County of Santa Clara and tht-. Fremont Union High School District ("School
District") is to provide financial support :for the position of one School Resource Officer
("SRO") to the School District.
WHEREAS, Santa Clara County, through its Office of the Sheriff (Sheriff) has
the legal authority to provide law enforcement services and criminal justice
administrative services to schools located in the City of Cupertino and is equipped and
willing to do so by utilizing the School Resource Officer as set forth in this Agreement;
and
WHEREAS, Sheriff is primarily responsible for providing law enforcement
services within the City through a separate Law Enforcement Contract (Contract) which
currently provides for funds for deputy Sheriff position(s) to serve as SROs, including in
some of the schools in Cupertino; and
WHEREAS the County, City and. the School District would like to enter into an
agreement to offset the financing of the SRO who is currently providing services in the
School District.
NOW, THEREFORE, the parties agree:
I. LAW ENFORCEMENT SERVICES
1. The SRO will provide services to the School District, through the
Contract, during the period of August 1, 2014, through June 30, 2015. For
any SRO supported by 1zznding under this Agreement, the SRO will
provide these services up -to the amount of funding exclusively within the
School District limits in Cupertino, except in an emergency, or School
Attendance Review Board instances.
2. These services funded by this Agreement may include, if requested by
School District, traffic law enforcement beyond the basic services, crime
prevention patrols, and other law enforcement related serviices that are
acceptable of being scheduled and within the capability of the Sheriff to
provide at the schools.
3. The hours of coverage and other similar details shall be determined
through agreement of the City, County and School District.
II. COMPENSATION
A. Compensation for Law Enforcement Services Provided by Sheriff
1. The School District's funding ,of the SRO services during the period of
August 1, 2014, through June 30, 2015, shall be $10,000. The School District
shall pay the City of Cupertino within thirty days of invoicing. The City shall
invoice the School District no later than December 10, 2014.
2. The City's funding of the SRO services during the period of August 1, 2014
through June 30, 2015 shall be set forth in Exhibit A of the annual law
enforcement contract, net of the School District's contribution above.
B. Law Enforcement Services
The details of provision of the SRO services, the standards of
performance, the discipline of officers, and other matters incident to the
performance of such services shall be in the discretion of the Sheriff.
2. In the event of a disagreement as to the performance or level of the
services to be provided, the. Sheriff or his/her designee shall meet with the
representative(s) of School District and City to review the manner of
performance of such services.
III. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the School District and
City, its staff, agents and employees from any loss, liability, claim, injury or
damage arising out of, or in connection with, performance of the duties and
obligations of the Sheriff and its employees set forth in this Agreement.
B. The School District shall indemnify, defend, and hold harmless the Sheriff and
City, its deputies, agents, staff Land employees from any loss, liability, claim,
injury or damage arising out of, or in connection with, performance of the duties
and obligations of the School District and its employees set forth in this
Agreement.
C. The City shall indemnify, defend, and hold harmless the School District and
Sheriff, its staff, agents, deputies and employees from any loss, liability, claim,
injury or damage arising out of, or in connection with, performance of the duties
and obligations of the City and its employees set forth in this Agreement.
D. This mutual indemnification agreement is adopted pursuant to Government Code
section 895.4 and in lieu of and notwithstanding the pro rata risk allocation which
might otherwise be imposed between the parties pursuant to Government Code
section 895.6.
2
IV. INSURANCE AND LIABILITY
County, City and School District shall each maintain its own liability insurance
coverage, through self-insurance or otherwise, against any claim of civil liability
arising out of the performance of this Agreement.
V. TERM OF AGREEMENT
This Agreement shall be in effect from August 1, 2014, through June 30, 2015. It
will renew for subsequent service periods of August 1 through June 30, unless
written notice indicating otherwise is given by either party no later than July 1.
VI. NOTICES
Communications relating to this Agreement shall be in writing and shall be
delivered personally, sent by United States mail, first class postage prepaid, or by
private messenger or courier service:
To the Sheriff: Laurie Smith, Sheriff
Santa Clara County Office of the Sheriff
55 West Younger ,Avenue, 4th Floor
San Jose, CA 95110
To the School District: Christine Mallery, CBO / Associate Superintendent
Fremont Union High School District
589 W. Fremont Ave.
Sunnyvale, CA 94087
To the City: David Brandt, City Manager
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
VII. SIGNATURES
IN WITNESS WHEREOF, the parties execute this Agreement:
COUNTY OF SANTA CLARA
r'
Date: 0 - 7" a
Lauri6 Smith, Sheriff
3
316 06 046 316 20 024 316 20 053
CAMPUS HOLDINGS INC S C V W D S C V W D
1 INFINITE LP MS 36-2TX 5750 ALMADEN EXPY 5750 ALMADEN EXPY
CUPERTINO CA 95014 SAN JOSE CA 95126 SAN JOSE CA 95118
316 20 075 316 20 076 316 20 080
APPLE INC APPLE INC SEARS ROEBUCK AND CO
1 INFINITE LOOP 1 INFINITE LOOP 3333 BEVERLY RD UNIT B2-131A
CUPERTINO CA 95014 CUPERTINO CA 95014 HOFFMAN ESTATES IL 60179
316 20 081 316 20 082 316 20 083
SEARS ROEBUCK AND CO ET AL SEARS ROEBUCK AND CO PORTAL PLAZA LP
10123 N WOLFE RD UNIT 1095 3333 BEVERLY RD UNIT B2-131A 505 S PASTORIA AV 2ND FLR
CUPERTINO CA 95014 HOFFMAN ESTATES IL 60179 SUNNYVALE CA 94086
316 20 086 316 20 088 316 20 092 �
18�G DIRECT REAL ESTATE 27 LP WOLFE PROPERTIES LLC CUPERTINO PROPERTY DEVEL II LL
2029 CENTURY PARK STE 4150 655 MONTGOMERY ST STE 1190 19620 STEVENS CREEK BL#200
LOS ANGELES CA 90067 SAN FRANCISCO CA 94111 CUPERTINO CA 95014
316 20 094 316 20 095 316 20 099
J C PENNEY PROPERTIES INC J C PENNY PROPERTIES INC VALLCO SHOPPING MALL LLC
6501 LEGACY DR 10123 N WOLFE RD UNIT 1095 10123 N WOLFE RD
PLANO TX 75024-3698 CUPERTINO CA 95014 CUPERTINO CA 95014-2509
316 20 100 316 20 101 316 20 103
VALLCO SHOPPING MALL LLC VALLCO SHOPPING MALL LLC (LESS VALLCO SHOPPING MALL LLC
10123 N WOLFE RD UNIT 1095 10123 N WOLFE RD UNIT 1095 10123 N WOLFE Rb UNIT 1095
CUPERTINO CA 95014 CUPERTINO CA 95014 CUPERTINO CA 95014
316 20 104 316 20 105 316 20 106
VALLCO SHOPPING MALL LLC VALLCO SHOPPING MALL LLC VALLCO SHOPPING MALL LLC
10123 N WOLFE RD UNIT 1095 10123 N WOLFE RD UNIT 1095 10123 N WOLFE RD UNIT 1095
CUPERTINO CA 95014 CUPERTINO CA 95014 CUPERTINO CA 95014
316 20 107 316 20 108 316 20 109
VALLCO SHOPPING MALL LLC CUPERTINO PROPERTY DEVEL I LLC
10123 N WOLFE RD UNIT 1095 19620 STEVENS CREEK BL#200
CUPERTINO CA 95014 CUPERTINO CA 95014
316 28 005 316 28 006 316 28 007
PATWARDHAN SHANTANU AND ASILAT CORTES RICHARD M HERSHEY WILLIAM E SR AND PAMEL
19726 WHEATON DR 19710 WHEATON DR 19698 WHEATON DR
CUPERTINO CA 95014-2458 CUPERTINO CA 95014-2458 CUPERTINO CA 95014-2458
316 28 008 316 28 009 316 28 010
MEHTA VIKRAM AND SHWETA NGO LINH D ET AL PUCCINELLI EDWARD AND LYNN R
19682 WHEATON DR 12176 SARATOGA VILLA PL 10128 DENISON AVE
CUPERTINO CA 95014-2458 SARATOGA CA 95070-3023 CUPERTINO CA 95014-2427