Tools: Resources
Tips for Protecting Parkland
The following piece by Catherine Engberg and Jason Kibbey appeared in the
Shute Mihaly and Weinberger newsletter in the Summer of 2004.
Faced with tight budgets, cities often look to surplus land sales as a means
of generating revenue. Unfortunately, these "surplus" lands often include
parkland that provides the community with valuable open space and
recreational areas. Although the sale of parklands may solve short-term
budget gaps, once parks are sold for commercial or residential development,
the loss to the community is permanent. In times of tight budgets, community
members should consider political and legal strategies for the protection of
parkland, and at the same time remind politicians that there are other, less
drastic solutions to balancing city budgets.
Be an Alert Watchdog
While one would think the proposed sale, development, or conversion of
parklands would be a big story in local news, sometimes it can happen
without even the decision-makers' knowledge. Community members should pay
close attention to the actions of the City Council when surplus land sales
are proposed. For example, when one Bay Area city's staff asked their
Council to approve the sale of over fifty surplus parcels on the Council's
consent calendar, staff did not mention that this list included current and
planned parklands. Had a community activist not noticed this proposed sale
and alerted the San Francisco Chronicle, those parklands could have been
lost to private development. Keep in mind that it is not necessary get press
coverage in a large, regional newspaper; stories in local papers and
community newsletters can also have a big impact.
Organize, Organize, Organize
All successful attempts to save parks and open space require a strong
coalition of community members fighting for that land. Fortunately, saving a
park is perhaps the best-known rallying call for community action and
involvement. It is a non-partisan issue that appeals to liberals,
conservatives, seasoned community activists, political neophytes, senior
citizens and even children. Organized coalitions demonstrate to
decision-makers that there is a broad support for the parkland, and can
coordinate tasks such as speaking at public meetings, gathering signatures,
sending out mailings, tabling and posting flyers. Successful groups often
use the Internet to disseminate information related to the campaign, and
groups should consider maintaining a website to inform members of the
community about threats to parkland.
Lobby Decision-Makers
Everyone directly involved with the decision to sell, damage, or develop a
park must be made aware of the opposition to this threat as soon as
possible. Effective lobbying tools include the following tactics:
- Have a representative of your coalition meet with council members and
planning commissioners;
- Speak out at city council meetings during the public comment period;
- Submit letters to city hall; and
- Send e-mails and make telephone calls to decision-makers.
Keep in mind that community organizing will dramatically increase the number
of people lobbying the decision-makers, which will, in turn, have a greater
impact on decision-makers.
Evaluate Legal Options
Fortunately for parkland enthusiasts, state law and most cities' local
planning documents contain a host of legal protections for parkland. Most of
the time, a city cannot simply sell its parkland to a developer without
breaking several laws. These state and local restrictions against the sale
of parkland include the following:
- Deed Restrictions - Oftentimes, parks are deeded to the city by a
private developer or public agency exclusively for "park purposes."
Similarly, if the parkland was a gift from the state, similar restrictions
may apply. As a result, it is illegal for the city to sell or use the land
for anything other than park purposes.
- City Planning Documents - It is likely that the city's general plan
designates the park as "Park and Open Space." In addition, other elements of
the general plan or local specific plans may include policies in favor of
protecting parkland. The proposed sale of parkland may therefore require a
general plan amendment.
- Voter Approval - Prior to selling parkland, the city must comply with
the super-majority and voter approval requirements set forth in Government
Code sections 38440-38462. Similar provisions apply to proposed sales of
county parks. These provisions set forth formal protest procedures, and
require the city council to overrule these procedures by a two-thirds
majority. If the protests are overruled, the proposed sale must be approved
by city voters in a special election. These provisions present a difficult
procedural hurdle for cities and counties seeking to sell parkland.
- CEQA - The California Environmental Quality Act (CEQA) requires
agencies to analyze the environmental consequences of the "whole" action,
which would include potential conversion of parks and open space lands for
private development. Because such projects typically involve general plan
amendments and significant changes in land use, an EIR may be required.
Community groups may want to consult with an attorney to determine
which legal strategies are appropriate for them.
Maintain Focus
A group that has formed to protect a park should focus on saving that
park, not on solving all of the city's problems. Cities often try to argue
that selling a park is the only answer the city's problem. However,
community organizers should keep in mind that selling a park is never the
only option for a city. It is the job of park advocates to speak up for
parks; it is the job of a city council to figure out how to solve a city's
budget problems.
An Ounce of Prevention...
Efforts to organize a park preservation group should be made before
parkland is threatened. Government officials are much less likely to view a
park as a source of revenue if that park is used by members of the public.
In addition, the formation of a parkland preservation group sends an even
stronger message to the public officials that local parks should remain
parks.
Enlist Help
Community groups may want to enlist the help of statewide organizations
that have experience protecting parks from similar threats. One such group,
Defense of Place, works with local organizations to preserve parkland and
aggressively protect the legacy left to the public by previous generations.
To find out more about Defense of Place and to learn about other
communities' experiences in defending parkland, visit their website at
http://www.defenseofplace.org.
- Catherine Engberg and Jason Kibbey, Director, Defense of Place
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