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 woul...
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