REPORT TO COUNCIL
SUBJECT
Title
Approval of a Joint Field Use Agreement for Open Space at Multiple Sites within the Cupertino Union School District
Report
BACKGROUND
In 1989, the City entered into its first comprehensive Open Space Agreement with the Cupertino Union School 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 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 5 school campuses including Nimitz, Serra, West Valley and Stocklmeir Elementary Schools and Cupertino Middle School. 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 facilities for the public school system.
The agreement was for a term of 25 years and could have terminated on June 30, 2014. On June 28, 2012 the City notified the District in writing that it was interested in initiating a process to review the agreement and amend as needed or create a new agreement to the benefit of both parties, as well as for the community. The goal was to accomplish the review and implement a new or revised agreement on or before the expiration date of June 30, 2014. Although both parties had been working in good faith to provide a new agreement by that time, it became evident that more time was needed and on May 19, 2014 the City sent a side letter to the District with the intent to provide additional time to reach consensus on a new operating agreement. By signing the side letter, both parties agreed that the existing agreement would continue in place for a period of an additional six mont...
Click here for full text