REPORT TO COUNCIL
SUBJECT
Title
Approve the Reinstatement and First Amendment to the Agreement Between the City and the Cupertino Union School District Pertaining to the Use, Maintenance, and Improvement of Certain Open Space Areas and Buildings at Multiple Sites Within the Cupertino Union School District
Report
BACKGROUND
For many decades, the City and the Cupertino Union School District (District) have jointly kept open for school student use and for general public use in Sunnyvale certain open space areas and buildings at four elementary schools and one middle school which are part of the District’s campuses. The recreational use of public school properties is enabled by Education Code Section 10910 which provides, in part, that the District may grant use of their properties to other public agencies (including the City) for community recreation whenever such use will not interfere with the use of such properties for the public school system.
In 1989, the City entered into its first comprehensive Open Space Agreement with the District. This agreement required the City to maintain the school open space property at its sole expense. In exchange, the District allowed the City to provide public recreational use of the sports fields, specific buildings and open space during non-school hours including permits for exclusive use of the sports fields. The agreement encompassed 29.5 acres of total open space at five school campuses including Nimitz Elementary School, Junipero Serra Elementary School, West Valley Elementary School, Stocklmeir Elementary School, and Cupertino Middle School. The agreement had a term of 25 years and terminated on June 30, 2014.
On October 16, 2014, the City and the District entered into a new agreement pertaining to the use, maintenance, and improvement of the total open space at the five above-referenced school campuses (RTC No. 14-0399). The 2014 agreement was set to expire on June 30, 2024; however, the agreement provided that the parties may execute a written amendment to extend the term of the agreement for five years on mutually agreed upon terms and conditions. After the expiration of the agreement, the parties executed a letter of agreement to further extend the term of the agreement to provide additional time to discuss the terms of the amendment.
EXISTING POLICY
General Plan Land use and Transportation - Open Space
Goal LT 8 Adequate and Balanced Open Space: Provide and maintain adequate and balanced open space and recreation facilities for the benefit of maintaining a healthy community based on community need and the ability of the city to finance, construct, maintain, and operate these facilities now and in the future.
Policy LT 8.8: Support the acquisition or joint use through agreements with partners of suitable sites to enhance Sunnyvale’s open spaces and recreation facilities based on community need and through such strategies as development of easements and right-of ways for open space use, conversion of sites to open space from developed use of land, and land banking.
Policy LT 9.3: Encourage School Districts to make available school sites in and around Sunnyvale for community open space and recreation programs.
ENVIRONMENTAL REVIEW
The proposed agreement is not a “project” within the meaning of the California Environmental Quality Act (CEQA) because it is a government administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guidelines 15378(b)(5).) The District will conduct CEQA analysis in its capacity as lead agency for any projects on their property.
DISCUSSION
The 29.5 acres of open space at these five campuses in the Cupertino Union School District provide many Sunnyvale residents recreational opportunities within walking distances from their homes. The partnership between the District and City remains beneficial for both parties. The District has been able to save funds on maintenance costs while the City is able to offer desired open space within the City’s boundaries without costly real estate purchases.
The proposed First Amendment (Attachment 1) would extend the term of the 2014 agreement for five years with mutually agreed upon terms and conditions with a potential for a second five-year extension. In addition, under the proposed First Amendment, the District would continue to reimburse the City annually for water irrigation costs associated with the five open space areas. There would be no other changes in the parties’ responsibilities pursuant to this First Amendment.
Under the agreement, the City would have use priority of the elementary school Facilities after 5:00 p.m. on scheduled school days and of Cupertino Middle School Facilities after 4:00 p.m. on scheduled school days, and on weekends, holidays and summer vacation periods. During those use priority periods, the City may permit other user groups to use the field at established rental rates.
The City currently has responsibility to maintain the fields and fully funds field maintenance. Public user groups have expressed an interest in higher levels of field maintenance, which is challenging with the shared use and time restrictions available for field maintenance due to school hours.
FISCAL IMPACT
The District would continue to reimburse the City each January for the term of the First Amendment for water costs associated with the maintenance of the open space at the five school sites. The first annual payment of $88,814 would be required in once the contract extension is executed and be increased by four percent (4%) each year thereafter, with the payments for the five-year term of the Amendment totaling $481,045. This revenue is accounted for in the General Fund.
The City spends an estimated $500,000 to $750,000annually maintaining the fields at these five campuses. These costs are included in the General Fund operating budget under Program 13600 - Neighborhood Parks and Open Space Management. With the exception of paying for water, the School District does not currently contribute funding for field maintenance. The City receives approximately $23,500 in revenues from user groups who rent out this field space during the hours that they are available for public use in the agreement.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Approve the Reinstatement and First Amendment to the Agreement between the City and the Cupertino Union School District pertaining to the Use, Maintenance, and Improvement of Certain Open Space Areas and Buildings at Multiple Sites within the District in substantially the same form as Attachment 1 to this report.
JUSTIFICATION FOR RECOMMENDATION
The 1989 and 2014 joint use agreements have provided the Sunnyvale community with critically needed open space and sports fields for 35 years. The First Amendment to the 2014 agreement will continue to give Sunnyvale residents recreational opportunities at the five school campuses. The facilities at these campuses have been maintained at a service level consistent with City parks and have met recreational needs for students, public drop-in, and permitted use. Approval of this amendment will ensure that the open space facilities and sports fields will continue to be available to the Sunnyvale community for the next five, and possibly 10 years, and also provide for much needed facility use of the District’s campuses for the City’s recreation programs.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
A check in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract
___ Labor or personal employment contract
___ General policy and legislative actions
_X_ Contracts between public entities
___ General policy and legislative actions
Staff
Prepared by: Jim Stark, Superintendent of Parks and Open Space
Reviewed by: Chip Taylor, Director, Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft First Amendment