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HomeMy WebLinkAboutStaff Report 190-07City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM: DATE: SUBJECT: CITY MANAGER DEPARTMENT: COMMUNITY SERVICES APRIL 9, 2007 CMR: 190:07 TRANSMITTAL OF POLICY AND SERVICES COMMITTEE RECOMMENDATION OF FEBRUARY 13, 2007 TO APPROVE A POLICY ADDRESSING AGREEMENTS FOR SHARED USE OF PARKLAND RECOMMENDATION Staff and the Policy and Services Committee recommend that Council approve a policy addressing agreements for and public notification of shared use of dedicated parkland. (Attachment A) COMMITTEE REVIEW AND RECOMMENDATIONS The Committee unanimously approved the staff recommendation included in the attached staff report. ATTACHMENTS Attachment A: Agreement for and PuNic Notice of Shared Use of Dedicated Parldand Attachment B: CMR 145:07 Attachment C: Minutes of the February13, 2007 Policy and Services Committee Meeting PREPARED BY: CITY MANAGER APPROVAL: Richard James Director, BENES City Manager ervices CMR: 190:07 Attachment A POLICY AND PROCEDURES DRAFT February 2007 AGREEMENTS FOR AND PUBLIC NOTICE OF SHARED USE OF DEDICATED PARKLAND POLICY STATEMENT The purpose of this policy is to assure that the general public be notified as to the terms and conditions for use of any and all dedicated parkland that is shared, through an agreement or contract, with other public agencies. PROCEDURES Any and all agreements that call for shared use of any City dedicated parkland with other government or public entities shall: 1. Explicitly specify the terms of use or restrictions on the public. 2.Require the posting, in a visible place, of any use or access restrictions for the length of the agreement. All use agreements must be consistent with the provisions set forth is the Charter of the City of Palo Alto, VIII, the City of Palo Alto Municipal Code, Sections 22, and Policy and Procedure 1-11/ASD, Leased Use of City Land/Facilities. Attachment B TO: ATTN: FROM: DATE: SUBJECT: CITY MANAGER FEBRUARY 13, 2007 HONORABLE CITY COUNCIL POLICY AND SERVICES COMMITTEE DEPARTMENT: COMMUNITY SERVICES CMR: 145:07 APPROVAL OF POLICY ADDRESSING AGREEMENTS FOR SHARED USE OF PARKLAND RECOMMENDATION In response to a Grand Jury finding and recommendation, staff recommends that the Policy and Services Committee review and recommend to Council approval of a policy addressing agreements for and public notification of shared use of dedicated parkland (Attachment A). BACKGROUND In the early 1980s, the PAUSD closed Terman Middle School because of declining enrollment and sold approximately 20 acres of the school property to the City. The City used approximately four acres for new housing, used approximately eight acres of former playgrounds as a dedicated public park, and leased the remaining eight acres and some of the former school buildings to nonprofit organizations. In 2002, the City and the PAUSD negotiated an agreement that allowed PAUSD to re-acquire ownership of the approximately eight acres of the Terman site land and buildings which had not been dedicated as parkland. These were acquired in exchange for similar acreage at the PAUSD Cubberley High School site. The other approximately eight acres of Terman Park remained as dedicated parldand owned by the City; this land contains the Terman Park tennis and basketball courts and playing fields. By agreement, the PAUSD was issued a City permit under Title 22 of the Palo Alto Municipal Code for use of portions of Terman Park during certain hours. In this agreement, Terman Middle School was given a "first call" for the use of the tennis courts and playing fields between the hours of 7:30am and 3:30pm on days when the school is in regular session. The PAUSD was also made responsible for leaving the tennis courts and playing fields free of litter and in good condition at the end of each school day2 The PAUSD was restricted from routinely excluding members of the public from any dedicated courts, fields or parkland. However, the PAUSD was given the right to take reasonable actions to protect both its "first call" on the courts and fields, as well as the safety of the students. On July 14, 2003, members of the Council discussed and agreed that members of the public wishing to use Terman Park facilities could sign in at the school office before accessing the park facilities and could check on the availability of fields or courts at that time. The Council enacted Ordinance 4796 (Park Ordinance), which approved and adopted a plan for improvements and for restricted access at Terman Park. DISCUSSION In 2004, the Santa Clara County Grand Jury received a complaint that the City had not followed its Charter with regards to the transfer of dedicated parkland to another governmental agency. One of the findings of the Grand Jury was: "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 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." The Grand Jury recommended that the City create, adopt and enforce a 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, it recommended that the agreement should include public posting of such use and access regulations at entrances of the shared parkland. In a letter dated June 9, 2005, the City formally replied to the Grand Jury and agreed to adopt the recommendation. RESOURCE IMPACT There is no financial impact agreements. at this time; any costs for signage will be negotiated with POLICY IMPLICATIONS Adoption of the attached policy will complete the City’s commitment to the Grand Jury to develop a policy for shared use agreements. ENVIRONMENTAL REVIEW This recommendation is not a project under the California Environmental Quality Act. ATTACHMENTS Attachment A:Policy and Procedure, Public Notice of Shared use of Parldand DEPARTMENT HEAD: RICHARD JAMES Director, Community Services Department CITY MANAGER APPROVAL: EMIL Y- HARRIS ON Assistant City Manager Attachment C Special Meeting February 13, 2007 Chairperson Barton called the meeting to order at 6:05 p.m. in the Council Conference Room, 250 Hamilton Avenue, Palo Alto, California. Present: Absent: 1. Barton, Cordell, Drekmeier Kleinberg Oral Communications None. Chairperson Barton noted that the Policy and Services Committee (P&S) would meet at 6 p.m. for the remainder of the year. 2.Approval of Policy Addressing Agreement for Shared Use of Parkland Assistant City Manager Emily Harrison stated in response to a Grand Jury finding and recommendation, the policy addressing agreements for and public notification of shared use of dedicated parkland has been developed. Adoption of the policy would complete the City’s commitment to the Grand Jury to develop a policy for shared use agreements. Council Member Cordell questioned Item No. 2 in the Procedures requesting assurance that the posting of the shared use would be visible and remains in place for the length of the agreement. Mr. Harrison confirmed that would be the procedure. Chairperson Barton advised he was familiar with the agreement, which has worked well for both the City and the PAUSD. MOTION: Council Member Cordell moved, seconded by Drekmeier, that the Policy and Services Committee recommend to the City Council approval of a policy addressing agreements for the public notification of shared use of dedicated parkland. MOTION PASSED 3-0, Kleinberg absent. Colleague’s Memo from Council Members Cordell and Drekmeier regarding the Request to Consider Renaming a Park or City Facility in Palo Alto in honor of Dr. Martin Luther King, Jr. and Coretta Scott King Council Member Drekmeier commented the initial request was for staff to investigate renaming a street for the King Family, but it has been determined it would be more appropriate and meaningful to rename a City facility such as, City Hall Plaza, Lytton Plaza, the Friendship pedestrian bridge between the Palo Alto Baylands and East Palo Alto, the Main Library or the Baylands Athletic Center, Council Member Cordell stated the first choice would be to rename City Hall Plaza because it is a free speech zone and where many rallies take place. Staff would work with the Historical Association to review this selection and bring a recommendation back to P&S. Council Member Drekmeier stated, and the Committee recommended, art be incorporated in the Plaza that reflects the Kings. MOTION: Council Member Cordell moved, seconded by Drekmeier, to direct City staff to further explore the possibility of renaming the City Hall Plaza in honor of Dr. Martin Luther King, Jr. and Coretta Scott King and return to the Policy and Services Committee with a recommendation. MOTION PASSED 3-0, Kleinberg absent 4. Council Referral of Draft Public/Private Partnership Policy Assistant City Manager Harrison referred to the matrix, which defined the various types of public/private/non-profit partnerships and provided examples of each type. Director of Community Services Richard James noted the original intent was to review all types of partnerships and attempt to formalize or codify some of them. 2