06-23-14 Searchable packetCITY OF CUPERTINO
AGENDA
Monday, June 23, 2014
10300 Torre Avenue, City Hall Conference Room A
CITY COUNCIL
11:00 AM
Special Meeting
ROLL CALL
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the council on any
matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State
law will prohibit the council from making any decisions with respect to a matter not listed
on the agenda.
ORDINANCES AND ACTION ITEMS
1.Subject: Continue the Rights and Responsibilities under the Terms of the Law
Enforcement Contract with the County of Santa Clara until the earlier of October
1, 2014 or until the execution of a new contract.
Recommended Action: Authorize the City Manager to execute the First Amendment
to the Law Enforcement Contract with the County of Santa Clara.
Staff Report
A - First Amendment to Law Enforcement Contract
REPORTS BY COUNCIL AND STAFF
ADJOURNMENT
Page 1 CITY OF CUPERTINO
June 23, 2014City Council AGENDA
The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation
challenging a final decision of the City Council must be brought within 90 days after a decision is
announced unless a shorter time is required by State or Federal law.
Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must
file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the
City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal
Code §2.08.096. Contact the City Clerk’s office for more information or go to
http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form.
In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make
reasonable efforts to accommodate persons with qualified disabilities. If you require special
assistance, please contact the city clerk’s office at 408-777-3223 at least 48 hours in advance of the
meeting.
Any writings or documents provided to a majority of the Cupertino City Council after publication of the
packet will be made available for public inspection in the City Clerk’s Office located at City Hall,
10300 Torre Avenue, during normal business hours and in Council packet archives linked from the
agenda/minutes page on the Cupertino web site.
Page 2 CITY OF CUPERTINO
CITY OF CUPERTINO
Legislation Details (With Text)
File #: Version:114-0265 Name:
Status:Type:Ordinances and Action Items Agenda Ready
File created:In control:6/18/2014 City Council
On agenda:Final action:6/23/2014
Title:Subject: Continue the Rights and Responsibilities under the Terms of the Law Enforcement Contract
with the County of Santa Clara until the earlier of October 1, 2014 or until the execution of a new
contract.
Sponsors:
Indexes:
Code sections:
Attachments:Staff Report
A - First Amendment to Law Enforcement Contract
Action ByDate Action ResultVer.
City Council6/23/2014 1
Subject :Continue the Rights and Responsibilities under the Terms of the Law Enforcement
Contract with the County of Santa Clara until the earlier of October 1,2014 or until the
execution of a new contract.
Authorize the City Manager to execute the First Amendment to the Law Enforcement Contract
with the County of Santa Clara.
CITY OF CUPERTINO Printed on 6/19/2014Page 1 of 1
powered by Legistar™
PARKS AND RECREATION DEPARTMENT
CITY HALL
10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3226 www.cupertino.org
CITY COUNCIL STAFF REPORT
Meeting: June 23, 2014
Subject
Continue the Rights and Responsibilities under the Terms of the Law Enforcement
Contract with the County of Santa Clara until the earlier of October 1, 2014 or until the
execution of a new contract.
Recommended Action
Authorize the City Manager to execute the First Amendment to the Law Enforceme nt
Contract with the County of Santa Clara.
Description
The City currently has an agreement with the County of Santa Clara for general law
enforcement and emergency communication services. The term of the agreement is set
to expire on June 30, 2014.
Discussion
Representatives from Los Altos Hills, City of Saratoga, Santa Clara County Sheriff’s
Office and the City of Cupertino have been meeting to negotiate a new contract. This
contract has been scheduled for the July 1, 2014 City Council meeting for con sideration
and approval.
Santa Clara County policy is to only place contracts on their agenda that are already
executed by the other organization. If the contract is approved at the July 1 meeting, the
next available Board meeting will be August 5, 2014. Staff is proposing to modify the
current agreement with the attached First Amendment to continue existing service
levels until all necessary approvals can be obtained.
Fiscal Impact
Continue law enforcement and emergency communication services at the FY 13/14
budget levels.
____________________________________
Prepared by: Carol A. Atwood, Director of Parks and Recreation and Captain Kenneth
Binder, Santa Clara County Office of the Sheriff
Approved for Submission by: David Brandt, City Manager
Attachment: A – First Amendment
FIRST AMENDMENT TO LAW ENFORCEMENT CONTRACT
BETWEEN THE CITY OF CUPERTINO AND
THE COUNTY OF SANTA CLARA
This First Amendment to the Contract between the City of Cupertino
and the County of Santa Clara, for reference dated October 21, 2004, is by and
between the CITY OF CUPERTINO (hereinafter, "City") and THE COUNTY OF
SANTA CLARA (hereinafter, “County”) and is made with reference to the
following:
A. WHEREAS on October 21, 2004, the City and County entered
into a Law Enforcement Contract (Contract) by which the County agreed
to supply law enforcement and criminal justice services to the City under
the terms and conditions of the Contract which expires on June 30, 2014;
and
B. WHEREAS the parties desire to continue the rights and
responsibilities under the terms of the Contract until the earlier of
October 1, 2014 or until the execution of a new contract.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties the Contract is hereby amended as follows:
1. Paragraph VII is added to the Contract to read as follows:
VII. EXTENSION
The Term of Agreement set forth in paragraph VI above is
hereby extended to the earlier of October 1, 2014, or until the
parties execute a new contract for Law Enforcement Services,
whichever occurs first.
2. Except as expressly modified herein, all other terms and
covenants set forth in the Contract shall remain the same and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modificat ion of
Agreement to be executed.
COUNTY OF SANTA CLARA CITY OF CUPERTINO
Sheriff Laurie Smith David Brandt
By: By:
Title: Sheriff Title: City Manager
Date: Date:
COUNTY OF SANTA CLARA
Office of the County Executive
By:
Title:
Date:
APPROVED AS TO FORM:
By: Carol Korade
County Counsel City Attorney
Date: Date:
ATTEST:
Grace Schmidt
City Clerk
Date: