Score: +1
(2/0/1)
Santa Clara County Grand Jury
• 2004-2005
2004-2005 Santa Clara County Civil Grand Jury Report Transfer of Dedicated Parkland within the City of Palo Alto
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 3 findings
F1
An agreement was authorized under proper authority of the Council for the joint use of dedicated City park property with the PAUSD allowing exclusive use of the four tennis courts contiguous to Terman Middle School and playing fields during certain hours of the school day. Subsequently, the City authorized the expansion and reconfiguration of two of those tennis courts into basketball courts. The process for defining and implementing the Joint Use Agreement appears to have evolved in an ad hoc fashion. 5
Related Recommendations (1)
R1
It is recommended that the City create, adopt, and enforce a City policy that any agreements to share dedicated parkland must explicitly specify the terms of use and the conditions for access by the general public. Further, the agreement should include public posting of such use and access regulations at entrances to the shared parkland.
F2
Dedicated Rinconada parkland was transferred to the PAUSD by Council Ordinance instead of by a vote of the electorate as required by the Charter.
Related Recommendations (1)
R2
The City should adhere to its Charter requiring an affirmative vote by the electorate for any transfer, disposal, abandonment or discontinuance of use of City parkland. Alternatively, that provision of the Charter could be modified by a vote of the electorate as prescribed by the Charter.
F3
The PAUSD located and constructed buildings on dedicated City parkland at Rinconada Park, causing an illegal encroachment.
Related Recommendations (1)
R3
Any construction, reconstruction or development adjacent to dedicated City parkland should be designed and implemented to conform with a certified site survey to prevent any future encroachments. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 10th day of March, 2005. ________________________________ Michael A. Smith Foreperson 6
Conclusions 19
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CL1 Page 6Dedicated Rinconada parkland was transferred to the PAUSD by Council Ordinance instead of by a vote of the electorate as required by the Charter.
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CL2 Page 6The PAUSD located and constructed buildings on dedicated City parkland at Rinconada Park, causing an illegal encroachment.
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CL3 Page 5An agreement was authorized under proper authority of the Council for the joint use of dedicated City park property with the PAUSD allowing exclusive use of the four tennis courts contiguous to Terman Middle School and playing fields during certain hours of the school day. Subsequently, the City authorized the expansion and reconfiguration of two of those tennis courts into basketball courts. The process for defining and implementing the Joint Use Agreement appears to have evolved in an ad hoc fashion. 5
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CL4 Page 7City of Palo Alto Charter, Article VIII, Parks
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CL5 Page 7California Government Code, Sections 38440 – 38461
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CL6 Page 7City of Palo Alto Municipal Code, Title 22.08.210 – 22.08.212, and 22.08.370
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CL7 Page 7City of Palo Alto City Manager Report (CMR) CMR:311:03, Adoption of a Park Improvement Ordinance for Construction of School Use Improvements of Tennis Courts, Paths and Driveways Areas, and Use of Terman Park Athletic Fields and Tennis Courts Associated with the Palo Alto Unified School District (PAUSD) School Re-Opening, June 9, 2003
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CL8 Page 7City of Palo Alto Report from City Attorney #030619 sm0053286, 19 June 2003
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CL9 Page 7PAUSD School/City Liaison Committee Meeting Minutes, 25 June 2003
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CL10 Page 7City of Palo Alto Parks and Recreation Commission Meeting Minutes, 26 Aug. 2003
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CL11 Page 7City of Palo Alto Parks and Recreation Commission Meeting Minutes, 13 Nov. 2003
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CL12 Page 7Agreement Between the City of Palo Alto and the Palo Alto Unified School District of Santa Clara County Concerning the Maintenance and Capital Improvements of Certain District-Owned Athletic Fields and Tennis and Basketball Courts Jointly Used by School Students and the General Public, 28 June 2003
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CL13 Page 7City of Palo Alto CMR:330:04, Recommendation of the Policy and Services Committee Regarding Encroachment by Palo Alto Unified School District Walter Hays School on Rinconada Park, 12 July 2004
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CL14 Page 7City of Palo Alto CMR: 506:04, Approval of a Resolution and Adoption of an ordinance Authorizing the Exchange of Land Between The City of Palo Alto Unified School District for the Purpose of Adjusting the Boundary Between Walter Hays School and Rinconada Park, 13 Dec. 2004
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CL15 Page 7City of Palo Alto Resolution 8492, 13 Dec. 2004
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CL16 Page 7Photographs of Terman Middle School and Park, 23 Sept. 2004
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CL17 Page 7Aerial Photographs of Terman Park and Rinconada Park
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CL18 Page 7Palo Alto Daily News, 15 Dec. 2004, "City Council Votes For Outright Land Swapping"
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CL19City of Palo Alto website: (Last viewed on 27 Jan. 2005) Interviews
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.
Palo Alto Unified School District
School District