In addition, the City entered into a Priority Use Agreement (called joint use) to allow private-only use of portions of the public park.
Why Does This Matter?
The priority use of non-sold park land to private institutions essentially gifts publicly owned and maintained land to a private entity, which you cannot use.
The complaint was filed on 1/7/2014 with the Superior Court of Santa Clara County.
Read the Lawsuit
Response to Sunnyvale’s Demurrer
California Public Park Preservation Act of 1971
We encourage you to learn California’s law and how it may apply to not only the sale of the Raynor Activity Center, but to city decisions that may affect you in the future.
Excerpts from Division 5. Parks and Monuments, Chapter 2.5, beginning with section 5405, and following.
5405. “... the amount of compensation or land, or both, required by this chapter for the taking of the park land and facilities shall be equal to one of the following:”
(a) “The cost of acquiring substitute park land of comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park and facilities by generally the same persons who used the existing park land and facilities…”
5406. “[a sale] agreement may be entered into only after a public hearing, … Within 45 days of the public hearing, due notice shall be conspicuously posted at the park being acquired, including along its exterior boundaries, at all entrances, and on the recreation building, if any exists”
5407. “Unless improvement of an unacquired portion of the park land and facilities is undertaken pursuant to Section 5404, all funds, or land and funds received by the operating entity shall be used to obtain or provide substitute park land and facilities in accordance with the provisions of Section 5407.1 or Section 5407.2”
5407.1 “Such substitute park land and facilities shall be comparable characteristics and of substantially equal size located in an area which would allow for use of the substitute park land and facilities by generally the same persons who used the acquired park land and facilities.”
5407.1 “However, the operating entity, after holding a public hearing, with due noticed posted at the park being acquired, and after finding … there are compelling reasons for acquiring a substitute park of a different character, may, upon the recommendation of the park commission … and by a three-fourths vote of its legislative body, … change the general character of the substitute park land and facilities.”
5407.2 “The operating entity, after holding a public hearing, with due notice posted at the park being acquired, and after finding on the basis of evidence submitted at such hearing that there is a lack of need for the park in its present location and that there are compelling reasons for acquiring a substitute park in another general location, may, upon the recommendation of the park commission … and by a ¾ vote of its legislative body, … change the substitute park land and facilities.
Sale and Joint Use Areas
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