REPORT TO COUNCIL
SUBJECT
Title
Action to Waive Second Reading and Adopt Ordinance No. 2067 in Compliance with Measure R, Authorizing the Substantial Building, Construction, Reconstruction and/or Development of Warburton Park in Accordance with the Warburton Park Master Plan Update
Report
BACKGROUND
At the May 13, 2025 Council meeting, proposed Ordinance No. 2067 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2067 was published to the Santa Clara Weekly on May 21, 2025, and copies were posted in three public places.
DISCUSSION
The approval of an update to the Warburton Park Master Plan 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 also 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 changes in park use for over 180 days without a majority vote of the electorate and 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 Warburton Park will include changes to the existing park that may be considered “substantial building, construction, reconstruction, and/or development.” Therefore, approval of the Master Plan will require an ordinance to comply with Measure R.
ENVIRONMENTAL REVIEW
The action being considered was determined by the Council to be 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
The City Council approved the outreach and design agreement with Westwood Professional Services, Inc. (formerly O’Dell Engineering, Inc. for Phase I) on February 7, 2023, with a maximum compensation amount of $128,425 (Attachment 6). The Warburton Park Playground Rehabilitation project has a current budget of $1,124,451 in the Parks and Recreation Capital Fund. The cost for Phase II detail design development and construction will be based upon the approved Warburton Park Master Plan Update for the Schematic Design and Project Scope from Phase I. Additional funding will be needed for Phase II and staff will present a recommendation to Council at the time of the construction contract award.
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. 2067 was published to the Santa Clara Weekly on May 21, 2025, 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. 2067 in compliance with Measure R, authorizing the substantial building, construction, reconstruction and/or development of Warburton Park in accordance with the Warburton Park Master Plan Update.
Staff
Reviewed by: Luis M. Haro, Deputy City Attorney
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2067 (Intro)