February 24, 2004

SUBJECT: Amendment to Fremont High School Swim Pool Agreement and to Sunnyvale Municipal Code Section 10.16.040 (parking)

REPORT IN BRIEF

This report presents a proposed amendment to the existing City/School Agreement for operation of the public swim programs at Fremont High School swim pool and building (Attachment A); and a proposed change to the Sunnyvale Municipal Code involving parking regulations on property managed, but not owned, by the City (Attachment B). The two amendments would allow the City to enforce parking restrictions at Fremont High School for spaces designated for swim pool users.

BACKGROUND

• July 18, 2000, both the City and the Fremont Union High School District entered into an agreement for the joint development/use of a 50-meter pool at Fremont High School.
• June 1, 2002, the City entered into an agreement with California Sports Center for operation and supervision of public swimming programs at the Fremont Union High School (FHS) pool.

From the beginning of the FHS pool project, parking was identified as a likely area of public concern. (See RTC 00-095 Possible 50-Meter Pool Partnership Between the City of Sunnyvale and Fremont Union High School District, March 2, 2000.) To help mitigate the problem, the agreement between the City and School District included a provision for reserving 35 parking spaces for public swim program participants from 5 a.m. until 5 p.m. on school days only. During implementation of public swim programs, it became obvious that, in order to maintain public access to the swim programs, enforcement of parking restrictions would be necessary.

Efforts were made to educate those using the parking spaces inappropriately that specific spaces were reserved, during school hours, for public swim pool access. With very limited response to the educational efforts, repeated violators were then warned of possible enforcement measures. Violators continued to persist and staff brought the issue to the attention of Sunnyvale Public Safety. However, the Public Safety Department does not have legal authority to enforce parking regulations on school property.  This is because the City of Sunnyvale does not own or operate the parking lot in question. Moreover, the City currently has no ordinance on the books that would make it unlawful for someone to violate parking restrictions imposed by the Fremont Union High School District. Chapter 10.16 of the Sunnyvale Municipal Code contains parking ordinances that apply to public streets, City property and (in certain instances) private property. None of these ordinances apply to property owned by another public entity, such as a school district.

Two steps are required to authorize the Sunnyvale Department of Public Safety to enforce parking regulations in the Fremont Union High School District parking lot. First, the Sunnyvale City Council and the Fremont Union High School District Board of Supervisors must enter into an agreement which gives the City the power to regulate parking on School District property. Second, the City must enact an ordinance making it unlawful to violate such regulations.

Working with Public Safety, the City Attorney’s Office and the Fremont Union High School District, staff has developed an amendment to the July 18, 2000, Agreement between the City and District, which gives the City authority to enforce parking regulations, at FHS, for the reserved swim pool spaces (Attachment A). At its December 9, 2003, board meeting, the Fremont Union High School District Board formally approved the attached amendment to the July 18^, 2000, Agreement, giving the City of Sunnyvale authority to enforce parking restrictions on District property, for the 35 reserved spaces for exclusive use by public users of the FHS swim pool (Attachment A).

An amendment to the Sunnyvale Municipal Code has also been drafted by the City Attorney’s office to allow Public Safety to carry out enforcement on property not owned but under the management control of the City (Attachment B).

EXISTING POLICY

Recreation Sub-Element:

Action Statement B.1.a.

Expand cooperative opportunities with schools as a focal point for enhanced neighborhood services.

POLICY C.3.

Utilize available pricing and promotional tools in order to maximize participation and/or use related to programs, facilities, and services without jeopardizing the integrity and infrastructure of related facilities.

Policy E.1.

Provide, maintain, and operate recreation facilities such as swimming pools, tennis courts, golf courses, athletic fields, trails, parks, arts facilities, community centers, park centers, and other specialized facilities in a safe, high quality, usable condition that will serve and meet the recreational needs of the community.

Action Statement E.1.f.

Work with school districts to explore the feasibility of using existing school facilities or community recreation activities.

DISCUSSION

At the School Board meeting on December 9, 2003, there was considerable discussion on the issue and the amendment (Attachment A) was unanimously approved in the exact form provided by the City with the following verbal (not as part of the agreement) caveats:

1. That upon installing appropriate signage, etc., a reasonable adjustment/grace period (such as 30 days) be given when violators will be warned but not actually ticketed.
2. That it be understood that upon exceptional circumstances (such as graduation) the site/district will notify all appropriate parties, and there will be a temporary relaxation of parking enforcement on these particular spaces.

Neither the contracted provider of the public swim programs at FHS pool (California Sports Center) nor the City’s Parks and Recreation staff have any difficulty with accepting these verbal caveats, as they are in concert with the intent and spirit of the City/School Agreement and positive working relationship.

FISCAL IMPACT

If these amendments are approved, staff anticipates no identifiable fiscal impact other than peripheral costs to Public Safety for enforcement time and some additional revenue from violation fees. If these amendments are not approved, the contracted provider of public swim programs at FHS pool will experience a negative and exacerbated impact on the ability to earn revenue from participation fees. This could also result in a long-term decrease in the City’s ability to receive fees from the contracted service provider.

PUBLIC CONTACT

Public contact was made through posting of the Parks and Recreation Commission and Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the City Clerk’s office, Library, Parks and Recreation Administration, Community Center, and Senior Center.

Copies of this report were distributed to the Fremont Union High School District and the California Sports Center, operator of the Fremont Pool, with a request to the California Sports Center that the information is posted for pool users.

As an agenda item for the Parks and Recreation Commission on February 11, 2004, these proposed amendments were noticed to the public through the same methods as for the Council agenda listed above.

This issue was also on the Fremont Union High School District’s agenda for December 9, 2003, and was noticed to the public as such by the District.

ALTERNATIVES

The following alternative courses of action are outlined for Council’s consideration.

1. Council authorizes the City Manager to enter into the attached amendment to the July 18, 2000, Agreement with the Fremont Union High School District that allows for City enforcement of parking restrictions on District property.
2. Council rejects the attached proposed amendment to the July 18, 2000, agreement with Fremont Union High School District.
3. Council neither approves nor rejects the attached City/District agreement amendment, but directs staff to pursue further negotiations on specific aspects of that amendment (to be determined by Council).
4. Council approves the attached proposed change to the Sunnyvale Municipal Code allowing for City enforcement of parking on property not owned by the City under specific conditions.
5. Council rejects the attached proposed change to the Sunnyvale Municipal Code.
6. Council neither approves nor rejects the attached proposed change to the Sunnyvale Municipal Code but directs staff to pursue further considerations on specific aspects of that change (to be determined by Council).
7. Other action as determined by Council.

RECOMMENDATION

Staff recommends Alternatives 1 and 4.

Parks and Recreation Commission reviewed this report on February 11, 2004, and recommended Alternatives 1 and 4, as well.

Prepared by:

John Lawrence,
Leisure Services Manager (Recreation Superintendent)
Parks and Recreation Department

Reviewed by:

Byron Pipkin, Captain
Public Safety Department

Reviewed by:

Robert A. Walker, Director
Parks and Recreation Department

Approved by:

Amy Chan
Acting City Manager

Attachments

A. Proposed Amendment to July 18, 2003, City/District Agreement

B. Proposed Amendment to the Sunnyvale Municipal Code, “An Ordinance of the City Council of the City of Sunnyvale Amending Chapter 10.16 of the Sunnyvale Municipal Code Related to Parking on City Property”