Santa Clara County Grand Jury • 2004-2005 • Agency Response
Response to: Transfer of Dedicated Parkland within the City of Palo Alto

[w]ithout a special election the legislative body may convey a minor portion of . . . a park in exchange for an equal*

Published: June 09, 2005 6 pages
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Findings and Recommendations 3 findings

F1 Page 1
The City of Palo Alto Agrees with Finding 1. Palo Alto Agrees with The City of
Related Recommendations (1)
R1
Page 1
Recommendation 1. The City will create and enforce a written policy that any future agreements to share dedicated parklands with the Palo Alto Unified School District or any other public entity will explicitly specify the terms of use and conditions for access by the general public. Any agreements will include terms requiring the posting of any use and access restrictions at entrances to the shared parkland and park facilities. P.O. Box 10250 Palo Alto, CA 94303 050609 sm 0110238 650.329.2171 650.329.2646 fax Printed with soy-based inks on 100% recycled paper processed without chlorine The Honorable Alden E. Danner June 9, 2005 Grand Jury Report Regarding Transfer of Dedicated RE: Parkland within the City of Palo Alto
F2 Page 2
The City of Palo Alto Disagrees with Finding 2. The minor exchange of equal amounts of land (including dedicated parklands), with the Palo Alto Unified School District approved by the adoption of an ordinance was expressly authorized by the Palo Alto City Charter. The Charter expressly adopts the 1965 language of Government Code section 38441, which provides that "[w]ithout a special election the legislative body may convey a minor portion of . . . a park in exchange for an equal or greater area or value of privately owned land contiguous to the park . . . " While the Grand Jury acknowledges the inclusion of this Government Code section in the City's Charter, its findings make no mention of this provision. This finding would appear to ignore all of the adopted Government Code sections incorporated in the City's Charter. "A settled rule of statutory construction requires that we give effect and meaning to all parts of the law if possible and to interpretation that renders statutory language avoid an Sampson v. Parking Service 2000.com, (2004) 117 superfluous." Cal.App.4<sup>th</sup> 212, 226. "The courts will not presume that the [legislative body] in enacting a statute indulged in an idle The presumption is that they intended the statute to have act. Moore v. City Council of Maywood, (1966) 244 some effect." See also, Agnew v. State Board of Cal.App.2d 892, 897. Equalization, (1999) 21 Cal.4<sup>th</sup> 310, 330 (" . . . .whenever possible, significance must be given to every word in pursuing and the court should avoid a legislative purpose, the construction that makes some words surplusage.") The Grand Jury's interpretation of the City's Charter fails to give meaning to multiple sections of the City Charter. Contrary to the Grand Jury's interpretation, the City's express adoption of the 1965 language of Government Code section 38441 as a part of the City's Charter must be presumed to have meaning. The City Charter provides for the exchange of minor portions of dedicated parkland in exchange for an equal amount of land contiguous to the park. Here, approximately 8,045 square feet of parkland was exchanged for an equal amount of school property, at the same park in the same general location. The exchange of such a small amount of property was exactly the type of minor exchange contemplated by the City Charter provision 050609 sm 0110238 The Honorable Alden E. Danner June 9, 2005 Grand Jury Report Regarding Transfer of Dedicated RE: Parkland within the City of Palo Alto allowing the exchange of property without an election. The prior City Attorney approved of this approach and wrote a memo to the Council on the issue dated June 19, 2003, attached as Exhibit "1". The City of Palo Alto Agrees
Related Recommendations (1)
R2
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The City will follow all Charter requirements for any transfer, disposal, abandonment or discontinuance of use of City parkland.
F3 Page 3
The City of Palo Alto Agrees with Finding 3. The City of Palo Alto Agrees
Related Recommendations (1)
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The City will ensure that any construction, reconstruction or development adjacent to dedicated City parkland is designed and implemented to conform to a certified site survey to prevent any future encroachments. We appreciate the opportunity to respond to the Grand Jury Report. We respect the time, effort and analysis that were devoted by the Grand Jury to this issue. We look forward to implementing the recommendations and will do so diligently. Sincerely, Tim Buch Jim Burch Mayor GMB:sm Attachment 050609 sm 0110238 FROM CITY ATTORNEY June 19, 2003 THE HONORABLE CITY COUNCIL Palo Alto, California RE: Ordinance of the Council of the City of Palo Alto Authorizing the Exchange of Minor Portions of Park Land for Contiguous Lands in Order to Implement Article VIII of the Palo Alto City Charter Dear Members of the Council: Attached please find an ordinance designed to implement 'the City Charter's incorporation by reference of state governing the "elections and procedures" for park law Specifically, the state law which has been dedications. attached as an appendix to the Charter since 1965, authorizes the City Council, without an election, to exchange minor portions of park land for "privately" held contiguous lands of equal or greater area or value. (See attached Charter, Art. VIII.) I believe these procedural features were intended to be incorporated into the Charter. I have found no legislative history to the contrary. However, I believe it is important for the Council to indicate its interpretation of the Charter by enacting this implementing ordinance before moving ahead on any park exchange. The motivation for this proposal is a staff-negotiated park land exchange to facilitate correction of the problem 030619 sm 0053286 EXHIBIT "1" THE HONORABLE CITY COUNCIL June 19, 2003 RE: ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AUTHORIZING THE EXCHANGE OF MINOR PORTIONS OF PARK LAND FOR CONTIGUOUS LANDS IN ORDER THEO WATE IMPLEMENT ARTICLE VIII OF THE PALO ALTO CITY CHARTER created when the School District unlawfully (mistakenly) installed portable classrooms on a portion of Rinconada Park. I am advised by staff that PAUSD is prepared to offer an exchange of contiguous lands in order to avoid the burden of moving the portable classrooms. Respectfully submitted, ARIEL PIERRE CALONNE City Attorney APC:sm Attachments cc: Board of Education - PAUSD Mary Frances Callan, Superintendent, PAUSD Bob Golton, Deputy Superintendant, Business Services, PAUSD 030619 sm 0053286 Article VIII.1 Parks2 (This Article amended by Stats. 1969, Ch. 223, 6-26-69) All lands owned or controlled by the city which are or will be used for park, playground, recreation or conservation purposes shall be dedicated for such purposes by ordinance.3 No land heretofore or hereafter dedicated for such purposes shall be sold or otherwise disposed of, nor shall its use be abandoned or discontinued except pursuant to majority vote of the electorate. Any election and related procedures under Article VIII shall conform to the provisions set forth in general law as it existed January 1,1965, except that the council may call such election by majority vote. No substantial building, construction, reconstruction or development upon or with respect to any lands so dedicated shall be made except pursuant to ordinance subject to referendum. Palo Alto Municipal Code

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