The Sunnyvale Public Lands Act
|Requires ballot measures for office leases||No ballot measures for Sunnyvale Office Center rentals and leases||Commercial property, not a community service amenity (CSA). Not covered under Measure M. learn more…|
|Increases election costs — expect 12 or more elections per year||Claim is untrue. Based on misapplication of CSA and lease||Public land disposition is a lengthy process, very rare approvals can easily be managed within planned elections. learn more…|
|Makes it much harder to acquire public land or joint use agreements||No effect on acquisition of public land or joint use agreements||Only affects disposition of public use land—that is, park land, open space, and public use facilities (CSA’s). No effect on acquiring land or joint use. learn more…|
|Cuts public services due to high costs. Requires new staff and bureaucracy||No cuts to services or increased staff. Claims based on flawed and biased consultant report||City’s 9212 analysis is riddled with errors, inconsistencies and incorrect conclusions with no legal analysis whatsoever. It fails in its intended purpose. City refused to release legal analysis public paid for. learn more…|
|Does not protect existing agreements||Does no harm to existing agreements||No affect on Operation and License agreements for Fremont Pool, Charles Street Gardens, Tennis Center, golf. learn more here and here|
|Affects park & community room reservations||No change to BBQ/event/room reservations||Rentals and Use Permits are not covered by Measure M. learn more…|
|Sunnyvale will be sued endlessly||Measure M will reduce number of lawsuits||Existing lawsuits have arisen because this protection did not exist, and the Council majority bloc sold land against the public’s wishes. learn more…|
Listed below are the most commonly asked questions about the Sunnyvale Public Lands for Public Use Act.
Visit the General Questions page to view all of the general FAQs.
Visit the Project Analysis and Misconceptions page for an analysis of how the initiative may or may not impact specific projects, including slides, videos and the ongoing series Rumors and Misconceptions.
View examples of Public Lands at Risk for what’s at stake not just in Sunnyvale, but all around us.
The City of Sunnyvale paid Management Partners, Inc. (a local government consulting Firm) $35,000 for an Impact Report on the Sunnyvale Public Lands for Public Use Act (SPLA) measure. The analysts are not lawyers – they are former city managers. The consultants themselves said their opinions have no legal basis or standing, and they advised the City that legal counsel should be sought for application of the proposed initiative to particular cases.
The Management Partners analysis is riddled with errors, inconsistencies and incorrect conclusions with no legal analysis whatsoever. It fails in its intended purpose.
Management Partners incorrectly evaluated a non-existent term “primary use” in the 9212 Impact Report to reach their opinions and conclusions. Measure M does NOT use “primary use”. The text of the Initiative – the legal definition of the measure – uses “primary purpose” a very different term. Therefore Management Partners has incorrectly evaluated the measure based on language which does not exist. Their resulting incorrect conclusion ripples throughout the document, rendering many of the subsequent conclusions and analysis invalid.
Created new analysis interpretation categories “Broad” and “Questionable” in an attempt to circumvent the “Narrow” interpretation of the language of the initiative text which would not support their erroneous and incorrect conclusions.
And yet another:
Incorrectly applies “community service amenity” even for their “Narrow” interpretation to properties which are in NO way a “facilities and land whose primary purpose is to provide the public a place of city government administration, recreation, education, exercise, or enjoyment.”
* Vacant strips of land
* Parking lot underneath an overpass
* Downtown parking lots
* Holding ponds and flood control channels
* Closed landfill
Also see the videos below.
A small opposition to Measure M interested in assisting developers in acquiring Sunnyvale’s public lands is relying on this flawed and biased report for their excessive coverage and cost claims. They are attempting to treat that Impact Report as law. As such, many claims you may have heard are intentionally false and misleading. They are part of the FUD (Fear, Uncertainty and Doubt) campaign being spread to try to defeat this measure.
The City of Sunnyvale did commission a separate legal analysis, but refuses to release the legal analysis that the citizens of Sunnyvale paid for. What is being hidden from the residents?