APPLICATION OF CITY CHARTER
REGARDING PARKS
Background Image: Heinlenville Park, Charter Parkland
City Council
May 6, 2025
Presented by:
Raymond Costantino, Deputy Director
Parks, Recreation and Neighborhood Services
Purpose of Memorandum:
• Provide a historical implementation of Section 1700 of the City Charter (Charter Parks).
• 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 City Charter Language:
Section 1700 sets forth the general rule with respect to the use of City public parks as the following:
• The City’s public park shall be “inalienable”, unless otherwise authorized by a majority of the voters. It is clear dating back to 1896 that the voters of San José have intended to protect City Parks and want to make sure that City Parks are “inalienable” – meaning cannot change to a different use without voter approval. • 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 Memorialize how Section 1700 has been and will
continue to be applied to all City Park properties:
i. Noble Park Site
ii. Criteria for Charter Parks:
a. Owned/ Dedicated to City
b. Improved
c. Open to the public
iii. Discuss Three Park Types:
i. Community Centers
ii. Trails
iii. Golf Courses
4 Golf Courses
San José Municipal Golf Course, Rancho Del
Pueblo Golf Course, and Los Lagos Golf Course
are charter parks.
Trails
Various trails
citywide.
Roosevelt Community Center
Charter Park, since surrounded by
parkland
Community Center Examples:
7 Southside Community
Center
Stand-alone, not
surrounded by parkland.
Not a charter park.
Bascom Community
Center
Stand-alone, not
surrounded by parkland.
Not a charter park.
Inventory of Charter Parks
i. Total traditional public parks: 222
ii. Charter Parks: 207
iii. Not Charter Parks: 15
Lake Cunningham, Charter Parkland
4 NAME REASON NOT A CHARTER PARK
Senter and Serenade Park Department of Transportation Right of Way Brenda Lopez Memorial Plaza Department of Transportation Right of Way Parque de Los Pobladores Department of Transportation Right of Way Nancy Lane Plaza Department of Transportation Right of Way Russo Park Department of Transportation Right of Way
Our Park is owned by PG&E and City of San José has an easement Richard E. Huerta Park is owned by PG&E
Hester Park is owned by San José Unified School District Castillero Tennis Courts is owned by San José Unified School District and City has a Joint Use Agreement
Metcalf Park is owned by Santa Clara County
Shady Oaks Park is owned by Santa Clara County
Penitencia Creek Park is owned by Santa Clara County
Pfeiffer Park is owned by Valley Water District
Mariposa Park is pending acquisition from CalTrans (August/September) Lo Bue Park is majority owned by P&E
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, fence, bollards to support
habitat viewing.
Noble Site with Penitencia
Creek Trail
Charter Parkland: Includes
passive open space
improvements.
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.
Senter & Serenade Park
Park improvements in DOT
ROW median. 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.
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. LWCF Grant.
Winchester Orchard
Turnkey project in construction.
Recommendation
Accept the report on the historical implementation of
Section 1700 of the City Charter (Charter Parks) and site inventory of Charter Parks as outlined in Attachment A and memorialize the policy on how Section 1700 on Charter
Parks is applied.
3 APPLICATION OF CITY CHARTER
REGARDING PARKS
Background Image: Heinlenville Park, Charter Parkland
City Council
May 6, 2025
Presented by:
Raymond Costantino, Deputy Director
Parks, Recreation and Neighborhood Services