REPORT TO COUNCIL
SUBJECT
Title
Approve the Reinstatement and First Amendment to Agreement Between City of Sunnyvale and Fremont Union High School District for the Maintenance and Use of Tennis Courts at Fremont High School
Report
BACKGROUND
The City of Sunnyvale (City) and Fremont Union High School District (District) have been parties to an Agreement for the maintenance and use of the tennis courts at Fremont High School since 1973. The term of the last Agreement began on July 1, 2011 and ended on June 30, 2025. The proposed Agreement would reinstate the Agreement, retroactively effective to June 30, 2025, and amend the Agreement to extend the term of the Agreement to June 30, 2035.
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 seven tennis courts at Fremont High School provide many Sunnyvale residents with recreational opportunities within walking distance from their homes. The partnership between the District and City remains beneficial for both parties. The District has been able to save funds on utility and maintenance costs, while the City is able to offer desired tennis courts to residents within the City’s boundaries without costly real estate purchases.
This proposed First Amendment (Attachment 1) would extend the term of the 2011 agreement for ten years, with an amended termination date of June 30, 2035. In the proposed Amendment, the City would continue to reimburse the District annually for utility costs, but at a set cost. The cost of electricity for the Tennis Courts' lights would increase 4% annually over the term of the contract. Specifically, the City would reimburse the District annually in July of each fiscal year for the cost of electricity for such fiscal year according to the following amounts:
The tennis courts available times to residents will remain unchanged and residents should notice no changes in the proposed Amendment on maintenance. The Fremont Union High School District accepted the terms of the proposed Amendment and approved it at their August 12, 2025 meeting.
FISCAL IMPACT
The City would continue to reimburse the District each July for the term of the First Amendment for PG&E electrical costs associated with seven tennis courts, but at a set cost instead of actual fluctuating costs. The PG&E electrical and other maintenance costs will continue to be absorbed in the Parks Budget.
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 Agreement Between City of Sunnyvale and Fremont Union High School District for the Maintenance and Use of Tennis Courts at Fremont High School in substantially the same form as Attachment 1 to the report.
JUSTIFICATION FOR RECOMMENDATION
Since 1973, the tennis courts at Fremont High School have provided the Sunnyvale community with critically needed sports courts. The First Amendment to the 2011 agreement will continue to provide Sunnyvale residents with recreational opportunities at Fremont High School without incurring large capital costs. The seven courts 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 facilities will continue to be available to the Sunnyvale community for the next 10 years.
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
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
___ Contract under $50,000 or non-fiscal
_X_ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Jim Stark, Superintendent of Parks & Golf
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. First Amendment to Agreement Pertaining to Use of Tennis Courts at Fremont High School
2. Agreement Between City of Sunnyvale and Fremont Union High School District - 2011