Measure M - "Public Lands Act"

1. Community Service Amenity
• ""Community service amenity” means libraries, swimming pools, community centers, performing arts venues, gardens, golf courses, zoos, city hall, city administration buildings, and other similar 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."
2. Public Parks
• "“Public park” means land set apart for the recreation of the public, to promote its health and enjoyment, to maintain open space in the city and also includes city-owned public land which may be shared by agreement with adjacent public schools to augment the public school’s outdoors recreation area."

What the measure requires:

1. The covered lands "may not be the subject of a sale, lease, lease extension, lease renewal, land swap, or transfer unless the issue of the sale, lease, lease extension, lease renewal, land swap, or transfer is submitted to the qualified voters of the city at an election and is approved by a majority of the votes received at the election."
   

1. The measure is poorly written and will have many unintended consequences.
2. The vague wording is an open invitation for anyone who objects to a land-use related City action to file a lawsuit.
   
3. The descriptions  for what is covered can be interpreted to include any land under control of the City. We can debate what the courts would ultimately decide in a particular case, but remember that the Downtown development has been blocked for years by a lawsuit that was finally rejected by the courts. Any lawsuit could block City actions for many years.
4. The measure sets no limit on the size of transactions (sale or lease) that would require voter approval. No transaction is too small. For example, renting the Baylands Park for a weekend by community groups would be covered and require an election. So would leasing space for a pay phone or cell tower.
   
5. Election costs:
1.  Each City action requires a separate ballot measure.
2. Costs will vary from $700,000 for a special election or $41,000 per measure on an already scheduled election. It is more likely that an already scheduled election would be utilized, so there is cost associated with City actions being delayed months or years waiting for an election.

 Other Links:

• SPLA Website - for information provided by supporters of this ballot measure
• The Sunnyvale City Council commissioned an "Analysis of the Impact of the Act by Management Partners"