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 ...
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