Title
Consideration of Citizen Petition Related to Los Olivos Park Urban Working Farm and Concessions Proposal
Description
This report provides the City Council with information in response to a citizen petition submitted by Brian Stanley at the March 7, 2018 Formal City Council meeting regarding the establishment of an urban working farm and concessions at Los Olivos Park (Attachment A).
Report
Summary
The petitioner requests that the City Council:
1. Instruct the Parks and Recreation Board (Board) that no change to Los Olivos Park is to be authorized until the Board has been able to establish that such change: (1) Does not violate any commitment made by the City when it applied for federal funding assistance in connection with Los Olivos Park; (2) Would not violate applicable federal law, including Section 6(f) of the Land and Water Conservation Act of 1965; and (3) Would not decrease City park space devoted to and available for public outdoor recreation use.
2. Resolve that it is the policy of the City that there should be no reduction in City park space devoted to outdoor recreation use, and that any plan that would convert City park space currently devoted to such use to other uses provide for the substitution of comparable, nearby replacement land for outdoor recreation use.
Parks and Recreation staff met with Arizona State Parks (State Parks) staff on Jan. 4, 2018 to discuss the project. A proposal citing the allowable stipulations from the Land and Water Conservation Fund State Assistance Program Federal Financial Assistance Manual (Manual) was submitted to State Parks on Jan. 10, 2018 to be forwarded to the National Park Service (NPS) for review.
The Manual contains the guidelines for the administrative procedures and requirements for Land and Water Conservation Fund (LWCF) federal assistance to the States by NPS. The Manual is intended to serve as a basic reference for those who are engaged in the administrative, financial management and stewardship responsibilities of the LWCF State Assistance Program.
Parks and Recreation staff, in consultation with State Parks, referred to this Manual in the context of the urban working farm and concessions proposal at Los Olivos Park. Parks and Recreation staff, using these guidelines, have submitted that the urban working farm proposal is public outdoor recreation use and meets the guidelines of the LWCF State Assistance Program.
Parks and Recreation staff is awaiting a response from NPS through State Parks. If NPS requires a conversion process in accordance with the Manual, Chapter 8, Section E., Conversions of Use -- and, specifically, Section 6(f)(3), 36 CFR Part 59 of the Land and Water Conservation Fund Act of 1965 -- staff is prepared to meet these requirements.
Under Chapter XXIII of the City Charter, the Board is given broad powers and duties over the use of City parks. It is also given the specific authority to enter into concession agreements for parks. Because these broad and specific powers are conferred on the Board, the City Council does not have the authority to direct the Board to take the policy actions requested in Mr. Stanley's citizen petition. The matter of entering into a letter of intent for the urban working farm and concessions proposal at Los Olivos Park is currently scheduled to be on the March 22, 2018 Board agenda.
Staff recommends the Council deny the petition since the matter is under the authority of the Parks and Recreation Board.
Location
Los Olivos Park, 2802 E. Devonshire Ave.
Council District: 6
Department
Responsible Department
This item is submitted by Deputy City Manager Deanna Jonovich and the Parks and Recreation Department.