REPORT TO COUNCIL
SUBJECT
Title
Action to Waive Second Reading and Adopt Ordinance No. 2068 to Authorize the Substantial Building, Construction, Reconstruction, and Development of Henry Schmidt Park in Accordance with the Updated Henry Schmidt Master Plan
Report
BACKGROUND
At the April 9, 2024 Council meeting, proposed Ordinance No. 2068 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2068 was published to the Santa Clara Weekly on April 17, 2024, and copies were posted in three public places.
DISCUSSION
The approval of the proposed Master Plan for Henry Schmidt Park may be subject to Measure R. In November 2016, voters passed Measure R, which added Section 714.1, Protection of Parkland and Public Open Space, to the City Charter. Measure R prohibits selling, leasing, or otherwise disposing of parkland for a period of one hundred eighty (180) days or more, and prohibits its use from changing, being abandoned, or discontinued without such sale, lease, disposal, or changed use having first been authorized or ratified by a two-thirds majority vote of the electorate during a general municipal election for that purpose. Measure R also prohibits substantial building, construction, reconstruction, or development upon dedicated parkland except pursuant to ordinance subject to referendum. The referendum process is set forth in the Elections Code.
The proposed updated Master Plan for Henry Schmidt Park will include changes to the existing park that may be considered “substantial building, construction, reconstruction, or development.” Therefore, approval of the Master Plan will require an ordinance to comply with Measure R.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of the CEQA Guidelines:
Section 15302 (Class 2 - Replacement or Reconstruction), in that the project would replace and reconstruct existing facilities on the same site and with substantially the same purpose and capacity as the structure replaced.
Section 1503 (Class 3 - New Construction or Conversion of Small Structures), in that the project will construct limited numbers of new, small facilities or structures and equipment.
Section 15304 (Class 4 - Minor Alterations), and 15304(b) (Class 4(b) - Replacement of Existing Landscaping with Water Efficient Landscaping), in that the project will make minor alterations in the condition of land, water and/or vegetation which do not involve the removal of healthy, mature scenic trees.
FISCAL IMPACT
In the FY 2022/23 CIP budget, $235,000 was appropriated for the Henry Schmidt Park Playground Rehabilitation Project. On February 7, 2023, the City Council approved an agreement with Gates and Associates in the amount of $109,556 to support the development of park concepts and schematic design for the project. While there is no additional fiscal impact associated with the actions in this report related to the update of the Park Master Plan and the adoption of the proposed schematic design, additional funding is needed to complete the remaining scope of design work. This will generally include preparing bid documents (plans, specifications, and engineer’s estimate) for public works bidding, providing assistance to coordinate and secure various permits, and providing services during project advertisement and construction.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the City Manager’s Office.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2068 was published to the Santa Clara Weekly on April 17, 2024, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive Second Reading and Adopt Ordinance No. 2068 to Authorize the Substantial Building, Construction, Reconstruction, and Development of Henry Schmidt Park in Accordance with the Updated Henry Schmidt Master Plan.
Staff
Reviewed by: Luis M. Haro, Deputy City Attorney
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2068 (Intro)