Sunnyvale Measure M

The Sunnyvale Public Lands Act

FAQs – Common Misconceptions

FAQs – Project Analysis and Common Misconceptions

Visit the Main FAQ and General FAQ pages

Rumors and Misconceptions (RnM) Series plus Project Q&A

Renovation or Development of the Civic Center

  1. Have the Council’s December 2015 discussions about the Civic Center Modernization reduced the risk of losing Public Land at the Civic Center?

Former Onizuka and Armory sites and
County Temporary Cold Weather Shelter

  1. In 2013, would the Onizuka Air Force Station and National Guard Armory land transactions have fallen under the SPLA initiative (if it existed at the time)?
  2. If the City allows the County of Santa Clara to use the former Onizuka site as a Temporary Cold Weather Shelter beyond the winter of 2015-2016, will it fall under the Initiative?

Resident and Neighborhood Support

Fremont Pool & Charles Street Gardens

  1. Would the initiative effect the Operations Agreement between FUHSD and the City of Sunnyvale?
  2. Can the California Sports Center (at the Fremont Pool) renew their contract without a vote?
  3. Charles Street Community Gardens – would the initiative effect the Sustainable Community Gardens (SCG) Operation agreement with the City of Sunnyvale or the ability to renew the agreement?

Park and Community Building
Reservations and Rentals

  1. Will park and community building reservations for picnics, BBQs, park space, festivals and community meetings be affected by Measure M?

Tennis Center

  1. Would Measure M affect Tennis Center Agreements?
 

Council Actions Have
Led to Need for Initiative

99-year Civic Center Lease Could Come Back

 

 

Questioning the 9212 Impact Report
and Why City Won’t Release Legal Analysis

The consultants themselves said their opinions have no legal basis or standing. Read more...

Those against Measure M denied the public release of the Legal Analysis

Questioning why the City won’t release the Legal Analysis

Coming Soon

  1. Coming Soon
  2. Coming Soon

Park and Community Building
Reservations and Rentals

  1. Will park and community building reservations for picnics, BBQs, park space, festivals and community meetings be affected by Measure M?
  2. Coming soon

Visit the Main FAQ and General FAQ pages

Q: Have the Council’s December 2015 discussions about the Civic Center Modernization reduced the risk of losing Public Land at the Civic Center? 

I read the City of Sunnyvale’s January Winter 2016 Quarterly Report about Civic Center Range of Scenarios and am confused about statements regarding sale or lease of Civic Center land to generate revenue for the project.

A: No, the risk of losing Civic Center land remains.

Unfortunately the City’s Winter 2016 Quarterly Report is misleading in its coverage of the Civic Center Range of Scenarios when saying the City Council decided that Civic Center land should not be sold or leased to generate revenue for the project.

In December the City Council considered Land Use Alternatives and Financing Options for the Civic Center Modernization Project. A 2-acre corner of Civic Center land suggested for sale or lease to help finance the project was removed from the Prototype F option before authorizing a survey along with other questions in a planned poll of Sunnyvale voters to evaluate support for a bond measure. Although dropping land sale or lease from Prototype F was an encouraging recognition for the need to retain our public lands, it has NOT reduced the risk of Civic Center public land loss. Elimination of a 2-acre sale or lease option in the Civic Center Prototype F might not lead to the sale or lease of this public land, but then again this is not assured and does not eliminate the risk of loss of public land in other areas of the Civic Center.

The council’s December 15, 2016 discussion of agenda item 15-0445 only says that out of the 8 scenarios presented by the architectural firm Anderson Brulé Architects, don’t include scenarios with sale or lease funding options when polling residents to gauge support for a possible 2016 bond measure to help fund the project. An additional nuance is that the discussion did not exclude Land Swap or Transfer of Civic Center Property. Thus leaving out half the transaction types the SPLA initiative will protect by requiring a Public Vote before disposition of property used by the City as a Public Park or Community Service Amenity. The Sunnyvale Public Lands for Public Use Act will incorporate specific Sale, Lease, Land Swap and Transfer protections into Municipal Code.

It remains critical that Voters approve the Yes on Sunnyvale Public Lands for Public Use Act with a Yes vote on November 8 to protect the Civic Center and other Sunnyvale public lands.

Sunnyvale Voters can learn more about the protections of the Sunnyvale Public Lands for Public Use Act Initiative by visiting the SPLA website and by reviewing the Initiative Text webpage for the full text of the initiative as well as the official Title and Summary which will appear on the November 8, 2016 Ballot. Visit the Motivation page for additional illustrative examples of public land at risk. Also see the Rumors and Misconceptions series video and slides.

Key Points Regarding Civic Center Land and Sunnyvale Public Lands Act Protections:

1) Nothing prevents the council deciding later to sell, lease, swap or transfer Civic Center land on their own without making it part of the modernization scenarios. This could include re-scheduling the final Civic Center decision to 2017 (after the Nov. 2016 election) and a potential to later propose a 2017 plan that involves sale, lease, swap or transfer of Civic Center land, with or without a bond measure, to finance the modernization. There are no legally binding restrictions on the council’s future actions regarding the Civic Center land.

2) The council’s December decision to exclude initial scenario Prototypes with a sale or lease option clearly shows that it was a direct result of the very strong statement by the Voters of Sunnyvale in getting the SPLA Initiative qualified for the ballot. This shows that the Initiative System is working and why a Yes on Sunnyvale Public Lands for Public Use Act in the November election is one of the only public tools left that the council will heed to resist the pressure on our community to reallocate and re-purpose our Sunnyvale public lands for non-public uses.

3) Approval of the SPLA ballot measure will provide Sunnyvale residents and our City Council the tools necessary to ensure that Sunnyvale public lands are not used to facilitate private development or to provide a source of funding for capital improvements through any sale, lease, trade, land-swap, or other transfer of community service amenities or public parks without very carefully considered community discussion and direct voter approval.

Q: In 2013, would the Onizuka Air Force Station and National Guard Armory land transactions have fallen under the SPLA initiative (if it existed at the time)?

A: No, they would not have. The former Onizuka Air Force Station and former National Guard Armory  (seasonal Cold Weather Shelter) were NOT a “…facilities and the land on which the facilities stand, whose primary purpose is to provide the public a place of city government administration, recreation, education, exercise, or enjoyment.” as clearly defined in 2.07.030 (d) (1) “Community service amenity” of the Text of the Initiative.

Thus, the previous use of the Onizuka Air Force Station and National Guard Armory in Sunnyvale for a seasonal Cold Weather Shelter do NOT qualify as Community Service Amenities as clearly defined by the Sunnyvale Public Lands Act Initiative.  Also see the Rumors and Misconceptions series video and slides.

Q: If the City allows the County of Santa Clara to use the former Onizuka site as a Temporary Cold Weather Shelter beyond the winter of 2015-2016, will it fall under the Initiative?

A: No, it will not. A new use of the Onizuka site for a new temporary, or even permanent, Cold Weather Shelter also would NOT be covered by the Sunnyvale Public Lands Act, because its primary purpose would still not be to provide the public a place of city government administration, recreation, education, exercise, or enjoyment. Also see the Rumors and Misconceptions series video and slides.

Q: Would the initiative effect the Operations Agreement between FUHSD and the City of Sunnyvale?

A: There would be no effect. The Ballot Initiative has no effect whatsoever on the operation of the Fremont Pool between the FUHSD and City of Sunnyvale through their Development and Operation Agreement. In fact there may be some positive benefits for the Fremont Pool arrangement by the passage of this measure. This is why the initiative helps protect all of the city’s assets that are in the public’s interest, including the use of Fremont High School’s pool.

In 2000 the Fremont Union High School District (FUHSD) and the City entered into a agreement for the Development and Operation of a 50 Meter Swimming Pool and Related Facilities at Fremont High School. The arrangement for the pool is an agreement to share capital and operating costs and responsibilities, it is NOT a sale, lease, lease extension, lease renewal, land swap, or transfer. The Fremont Pool agreement would not fall under this measure, neither would a future renewal of the agreement.

An additional positive benefit for the Fremont Pool agreement may occur if the FUHSD and City of Sunnyvale wanted to mutually terminate the agreement before 2025. If that request were to happen there is a possibility that a early termination request would subject the City action to a public vote.

This is but one of many examples of the Initiative’s direct benefit for all Sunnyvale Residents and why Sunnyvale Voters supported signing the ballot initiative petition and will support passing the measure when it appears on the ballot.

Q: Can the California Sports Center (at the Fremont Pool) renew their contract without a vote?

A: Yes, they can. The Ballot Initiative has no effect whatsoever on the operation or renewal of the Management, Operation and Supervision Agreement with California Sports Center.  The agreement is NOT a sale, lease, swap or transfer of public land.

In 2001 California Sports Center and the City entered into an agreement for the Management, Operation and Supervision of Public Swimming Programs at Fremont High School Pool. These type of service agreements, contracts, arrangements, licenses etc. for the Fremont Pool, Recreational programs, Camp Programs, Food Services etc. with sub-contractors, operators, vendors, concessionaires, suppliers etc. to provide services to the City of Sunnyvale do not fall under Measure M.

Q: Charles Street Community Gardens – would the initiative effect the Sustainable Community Gardens (SCG) Operation agreement with the City of Sunnyvale or the ability to renew the agreement?

A: There would be no effect. The Ballot Initiative has no effect whatsoever on the operation or renewal of the Development, Operation and Maintenance Agreement for the Charles Street Community Gardens. Renewal of the agreement would NOT be effected at all.  The Charles Street Community Gardens is operated through a Development and Operation Agreement, it is NOT a lease or sale of public land.

In 2006 Sustainable Community Gardens (SCG) and the City entered into an agreement for the Development, Operation and Maintenance of Community Gardens. The Charles Street Community Gardens, located at 433 Charles Street, are operated under this agreement. The arrangement with Sustainable Community Gardens is for the purpose of community gardening, with SCG responsible for the design, construction, operation and maintenance of the community gardens. The agreement is NOT a sale, lease, lease extension, lease renewal, land swap, or transfer. The Sustainable Community Gardens agreement would not fall under this measure, neither would a future renewal of the agreement.

Q: Will park and community building reservations for picnics, BBQs, park space, festivals and community meetings be affected by Measure M?

A: No, they are not affected by Measure M. Park and community building reservations for picnics, BBQs and park space for family events, festivals, community meetings etc. are NOT covered by Measure M. These are rentals and use permits allowing a permittee to use the space temporarily for a few hours or over a few days during normal park hours and community building operation hours. These are NOT a sale, lease, swap or transfer of Sunnyvale public lands.

Those you might hear such claims from are confused about Measure M or are intentionally misleading voters.

Voters are encouraged to learn the facts about Measure M for themselves.

For further information please see the examples below of Sunnyvale Picnic and Park Building Rental and Usage Policies available from the City website. Also included is an example from the City of Santa Monica, CA of these same common practices. Notice the many highlighted references to:

rent / rental contract / rental permit /
rental balance / rental time / rental fees /
rental charges / permit /
use permit / permittee / permit holder

Sunnyvale Park and Community Building Reservation and Rental Examples  Source

  • City of Sunnyvale: Picnic and Park Building Rentals       Click for document
  • Park Building Rental and Usage Policies                        Click for document
  • Sunnyvale Picnic Policies                                               Click for document

Other Examples

Q: Will Measure M affect Tennis Center Agreements?

A: No, they are not affected by Measure M. The Sunnyvale Tennis Center is operated by a concession vendor under a license agreement. The agreement is NOT a sale, lease, swap or transfer of public land.

The City maintains a license agreement with a third-party to provide the Management, Operations and Maintenance of the Sunnyvale Tennis Center, as well a Pro Shop and food concession. At times the restaurant is operated by a contractor of the licensee.

The City has a capital improvement program to maintain the courts, parking lots, lighting, pathways, and surrounding landscaping.

The license agreement for the Management, Operations and Maintenance of the Sunnyvale Tennis Center is NOT a lease or sale of public land.  The agreement would not fall under Measure M, neither would a future renewal of the agreement.

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