14-165 Santa CLara County, Fremont Union HIgh School District for SRO OFFICE OF THE CITY CLERK
• CITY HALL
10300 TORRE AVENUE•CUPERTINO,CA 95014-3255
TELEPHONE:(408)777-3223•FAX: (408)777-3366
C U P E FAT I N® WEBSITE:www.cupertine.org
October 27, 2014
Santa Clara County Office of the Sheriff
Attention: Laurie Smith, Sheriff
55 West Younger Avenue, 4t"Floor
San Jose, CA 95110
Re: Agreement for contract services.
Enclosed is a fully executed copy of the above stated agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the City Manager at
408-777-3212
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
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.
1
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT I N O TELEPHONE: (408)777-3223• FAX: (408}777-3366
November 3, 2014
Re: Pursuant to CMC 2.08.096, a Petition for Reconsideration of the City Council's decision,
and if reconsideration is granted, a hearing to approve l. Application No.(s): ASA-2014-06,
DP-2014-04, EXC-2014-07, TR-2014-28, U-2014-04 (EA-2014-06); Applicant: Edward Chan
(Cupertino Property Development II, LLC.); Location: 10380 Perimeter Rd. APN: 316-20-
092; Architectural Site Approval for a new 5-story, 148 room hotel and associated site and
off-site improvements; Development Permit to allow the demolition of an existing parking
lot and construct a 5 story, 148 room hotel of approximately 102,200 square feet that
includes a restaurant, bar, lounge and conference rooms built over a 35,400 square foot
underground parking garage that contains tandem parking; Parking Exception Permit to
allow tandem parking and 156 stalls where 184 stalls are required; Tree Removal Permit to
allow the removal and replacement of 96 trees to facilitate the construction of a new hotel;
Use Permit to allow a 24-hour hotel, including a restaurant with interior bar;In conjunction
with: 2. Application No.(s): TR-2014-40 (EA-2014-06); Applicant: Edward Chan QC Penney
Properties, Inc.); Location: 10150 N Wolfe Rd; APN: 316-20-094; Tree Removal Permit to
allow the removal and replacement of 19 trees to facilitate the off-site improvements
associated with the construction of a new hotel; Environmental Recommendation:
Mitigated Negative Declaration.
The above stated item is scheduled for the November 18, 2014 City Council meeting. Council
meets at 6:45 p.m., Council Chamber, Community Hall, 10350 Torre Avenue, Cupertino,
California. Interested parties are invited to attend and be heard. If you have any questions, please
feel free to call our office at 777-3223.
If you wish to challenge the City Council's action in court, you may be limited to raising only those
issues you or someone else raised at the hearing described in this notice, or in written
correspondence delivered to the City of Cupertino City Hall at, or priar to, the hearing.
Sincerely,
G�'u-a��-. '�""a'.�
Kirsten Squarcia
Deputy City Clerk
cc: Community Development
City Attorney
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 941087
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
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