APPLICATION OF CITY CHARTER
REGARDING PARKS
Background Image: Heinlenville Park, Charter Parkland
City Council
March 25, 2025
Item 7.1
Presented by:
Raymond Costantino, Deputy Director
City Charter Language:
The City Charter has protected City public parks since 1896 and reconfirmed this commitment as established by the voters in 1965 with the inclusion of Section 1700. In summary, the Charter states:
• The City’s public park system shall be “inalienable,” unless otherwise authorized by a majority votes by its citizens. Inalienable means something that cannot be taken away or given up, like a basic right or freedom that belongs to everyone. This means any changes to the City Charter require a majority approving vote by the City’s citizens. • Without a vote, however, the City may lease its parks, including buildings or other structures located in the parks, or grant permits, licenses or concessions in the parks for a term not to exceed three years.
2 Purpose of Memorandum:
• Encapsulate the City’s historical interpretation and application of Section 1700 of the City Charter since 1965.
• Memorialize the criteria for how Section 1700 has been and will continue to be applied to all City Park properties.
• Provide historical background on the City Charter as it relates to City parks dating back to 1896.
• Develop an inventory of Charter Parks.
3 Application of City Charter Regarding Parks:
i. Memorialize the Criteria for how Section 1700 has been and will continue to be applied to all City Park properties. ii. Criteria for Charter Parks:
a. Dedicated
b. Improved
c. Open to the public
iii. 207 of 221 traditional public parks are Charter Parks Lake Cunningham, Charter Parkland
4 Backesto Park
Charter Parkland: Standard park with
many amenities including basketball
and handball courts.
Charter Park Examples:
6 Sycamore Terrace by Almaden Lake
Charter Parkland: Improved and open to
the public. Amenities include a
decomposed granite (DG) path to view
habitat.
Noble Site with Penitencia
Creek Trail
Charter Parkland: However, not
obvious based on passive open
space improvements.
207 of 221 traditional public Parks, are Charter Parks:
Not Charter Park Examples:
8 Shady Oaks Park
Land owned by
Santa Clara County.
Castillero Tennis Courts
Land owned by San
José Unified School District
and Joint Use Agreement
appears to have expired in
2011.
Senter & Serenade Park
Land owned by Dept. of
Transportation. It is a public
park but not a Charter Park.
Not Charter Park Examples:
8 Our Park
Land owned by
PG&E and City has
an easement.
Hester Park
Land owned by San
José Unified School
District.
Metcalf Park
Land owned by Santa
Clara County.
Shirakawa Community Center
Charter Park, considered parkland,
playground is present (improved),
and not stand-alone, however, not
within the 221 list.
Specialty Parks:
7 Golf Courses
San José Municipal Golf Course, Rancho
Del Pueblo Golf Course, and Los Lagos
Golf Course are charter parks.
Southside Community
Center
Stand-alone is not
a charter park.
Trails
Various trails
citywide.
Undeveloped parks that will become Charter Parks:
Future Charter Parks:
9 460 Park Avenue
Undeveloped site for future charter
park.
No Master Plan or reserve for
development.
3rd and Keyes
Master Plan in progress and
construction reserve established.
Tenants still on-site.
Winchester Orchard
Turnkey project in construction.
APPLICATION OF CITY CHARTER
REGARDING PARKS
Background Image: Heinlenville Park, Charter Parkland
City Council
March 25, 2025
Presented by:
Raymond Costantino, Deputy Director