REPORT TO COUNCIL
SUBJECT
Title
Approve Reinstatement and Amendment to Agreement with the Sunnyvale Sister City Association to Extend the Term for One Year
Report
BACKGROUND
At its meeting of April 10, 2018, the City Council approved a Special Use Agreement with Sunnyvale Sister City Association (SSCA) pursuant to Council Policy 7.2.4 Relationship with Outside Groups. This Agreement allowed limited use of City facilities in exchange for a corresponding level of in-kind volunteer service hours.
The agreement was in effect for three years, and subsequently authorized the City Manager to execute extensions for two (2) two-year terms, provided SSCA performed its responsibilities to the City’s reasonable satisfaction. The extensions were executed in 2021 and 2023, but the original agreement has expired and requires Council approval to reinstate and extend the term of the original agreement.
EXISTING POLICY
Council Policy 7.2.4 - Relationships with Outside Groups (Attachment 1)
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
Sunnyvale Sister City Association, a local non-profit organization focused on expanding the sister city relationship between Sunnyvale and the City of Iizuka, Japan and increasing community engagement in Sunnyvale, has been a key community partner since the beginning of the relationship between the two cities in 2013. SSCA has organized various programs and activities for the Sunnyvale community to promote, strengthen and expand the relationship between the two cities including: student exchange programs for middle and high school students, an adult exchange program, cherry blossom tree planting ceremonies in Sunnyvale schools and parks, and participation in numerous City events every year including providing volunteer assistance, staffing information booths and providing interactive activities.
In providing these services, SSCA has successfully utilized City facilities to host many of their community meetings, programs and events. Initially, SSCA paid for the use of City facilities out of one-time funding authorized by the City Council in 2016. In 2018, the Special Use Agreement was created to reduce the need for payment for use of City facilities in consideration of the value of community benefit provided by SSCA and the Sister City program (Attachment 2). The agreement was considered and recommended by the Parks and Recreation Commission on March 14, 2018, and approved by the City Council on April 10, 2018 (Attachment 3).
The Special Use Agreement was intended to support use of City facilities only and was not intended to supplant any financial support the Council wished to provide the Sister Cities program through the normal budget process. The Council began approving project budget supplements to support the relationship in 2018 and has currently authorized annual funding of $12,500 through FY 2025/26.
If approved, an extension to the Special Use Agreement of one year will allow for continued usage of City facilities through FY 2025/26 as well, at which point it can be re-evaluated and extended or updated in terms that align with the possible continuation of project funding for future years.
FISCAL IMPACT
The value of facility rental being provided to SSCA through the Special Agreement will be no more than $1,180 per year at current rates.
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.
STAFF RECOMMENDATION
Recommendation
Approve Reinstatement and Amendment to Agreement with the Sunnyvale Sister City Association to extend the term for one year.
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 <http://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html>
An ”X” 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
_X_ Contracts under $50,000 or non-fiscal
___ Contracts between public entities
___ General policy and legislative actions
*“Competitively bid” means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Garrett Kuramoto, Superintendent of Libraries
Reviewed by: Michelle Perera, Director, Library and Recreation Services
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Council Policy 7.2.4 - Relationships with Outside Groups
2. Special Agreement with SSCA
3. RTC 17-0544: Approve a Special Agreement between the City of Sunnyvale and the Sunnyvale Sister City Association for the use of City Facilities
4. Reinstatement and Amendment One to Agreement Between the City of Sunnyvale and the Sunnyvale Sister City Association - DRAFT