The URL can be used to link to this page

Home My WebLink About1997-09-15; Parks & Recreation Commission; 997-4; Status Update/zone 19r PARKS & RECREATION COMMISSION - AGENDA BILL AB# 997-4 MTG 9-15-97 DEPT CSD TITLE : STATUS UPDATE / ZONE (INFO) 1 9 PARKSITE GRADING r o< V)03 Oo r RECOMMENDED ACTION : Accept and file. ITEM EXPLANATION : During the August 1997 meeting, the Parks and Recreation Commission unanimously recommended conceptual approval of a proposal by Aviara Land Associates (ALA) to develop drainage and grading plans and mass grade the Zone 19 parksite in exchange for the release of a letter of credit for $1.725 million currently held by the City. The recommendation was contingent upon City Council approval of an amended agreement. It was anticipated that the amended agreement would be presented to City Council during the August 26, meeting. Due to grading restrictions during the winter months, approval of the agreement in a timely fashion is critical to the ability of the project to be completed this year. It was further anticipated this project would be done simultaneously with Phase III of the Aviara development. If grading the park site is not done in concert with Phase III, it is unlikely the advance park grading will occur at all. As of this date, the agreement has not yet been signed by Aviara Land Associates and returned for further processing and ultimate approval by City council. Consequently, the advance grading proposal by ALA for Poinsettia Park remains questionable at this time. Staff will continue to update to Commission as appropriate regarding this issue. EXHIBITS: 1. Parks and Recreation Commission Agenda Bill # AB 897-4 19 PARKS & RECREATION COMMISSION - AGENDA BILL AB# MTG DEPT 897-4 8-18-97 CSD TITLE : ZONE 19 (AVIARA) PARKSITE ADVANCED GRADING OFFER (ACTION) g o o RECOMMENDED ACTION : Approve in concept of a proposal to advance grade the Zone 19 Parksite in exchange for the release of a letter of credit for $1.725 million. ITEM EXPLANATION : In June of 1989 the City and Aviara Land Associates (ALA) Limited Partnership entered into a Parks Agreement as required by Local Facilities Management Plan for Zone 19 and Master Plan No. 177. (Aviara) Under terms of the Agreement, ALA agreed to dedicate 24.25 ac. of parkland and provide a letter of credit in the amount of $1.725 million in order to guarantee the development of 15 ac. of that parksite. Such action also guaranteed that the Park Performance Standards of the Growth Management Plan would be met, and consequently, the Aviara Master Planned Development was allowed to proceed. The required park dedication for the Aviara Master Plan, based upon an estimated land use density schedule approved by the City as part of the Aviara Master Plan was 21.05 acres. In addition, ALA agreed to dedicate an additional 3.2 acres of parkland on behalf of other property owners in Zone 19 in order to bring the zone into compliance with the park standard. Provisions for reimbursement to ALA for the excess dedication of 3.2 acres and the $1.725 million for development were also addressed. Furthermore, it was also agreed that if Aviara builds out at a lower density than estimated, the Master Plan parkland dedicated pursuant to the agreement shall remain with the City at no cost. ALA has recently approached the City with a proposal (Exhibit 1) which essentially would allow for the advanced grading of the parksite in exchange for a release of the letter of credit held by the City in the amount of $1.725 million. Currently, the recent development of Poinsettia Park, coupled with its future development plans, brings the quadrant into conformance with the Park Standard of the Growth Management Plan. Additionally, development funds are anticipated to be available as outlined in the Capital Improvement Program Budget for the development of the Zone 19 Parksite as it will be required or when the City is ready to proceed with its construction. Staff believes this proposal to be in the best interests of both parties, that the Park Performance Standards of the Growth Management Plan are not compromised and therefore, staff is recommending conceptual approval of this issue. Further action will be required by the City Council to approve a revised Parks Agreement in order to implement this proposal. Staff will provide a verbal update to the Commission and be available to answer questions.o EXHIBITS: 1. Letter to Financial Management Director - July 31, 1997 2. City Council Agenda Bill #10,112 - Aviara Parks 20 EXHIBIT 1 July 31. 1997 Mr. Jim Elliott Director of Finance City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Re: Aviara Park Requirements Letter of Credit Dear Jim: Thanks to you, Lloyd Hubbs and the Parks & Recreation Department for meeting with us on July 29 to discuss the Aviara Letter of Credit matter. We truly appreciate the City's understanding of Aviara's concern regarding what we perceive as the over-dedication of land and, therefore, the excess financing guarantee. We also appreciate the City's commitment to work with us to try to achieve some equitable solution to the Letter of Credit (LOC) dilemma. At the July 29th meeting, it was decided that Aviara Land Associates (ALA) would return with a specific proposal relative to these matters, for City review. It was agreed that any proposal for reduction or elimination of the present LOC must include concrete alternative benefits to the City. In this light, we have discussed and studied the matter internally, and offer the attached proposal for revising the present Agreement. ALA's proposal would obligate Aviara to: 1. Prepare engineering technical grading and drainage plans, and mass-grade the park in accordance with the City's concept layout. This grading operation will occur in 1997, and will help protect the site from vegetation encroachment, which could eventually render the site largely unusable as a community park; and 2. Waive any current or future claim for return or reimbursement of over-dedicated park land; and 3. ALA will draft the necessary revisions to the Aviara Land Park Agreement. The City would be obligated to: 1. Eliminate the present $ 1.725 million LOC; and 2. Refund Zone 19 park in-lieu fees to ALA (as available). EXHIBIT 121 Mr. Jim [illicit City of Carlsbad July 31. 1997 Page Two ALA believes that our revised Park Agreement proposal is superior to the present LOG program. It also greatly assists in protecting the development potential of the site today, rather than allowing continuing vegetation encroachment, which quickly reduces the size and usability of the City's investment. ALA's proposal will result in an ultimate park size greater than that required for Zone 19, and will demonstrate parkland compliance in excess of City policies for years to come. Aside from the technical requirements having been met, the ALA proposal also injects a degree of fairness to the circumstances in which Aviara presently finds itself. Not only has Aviara over-dedicated park land to the City by a significant margin, but Aviara pays a costly annual premium to keep the present LOG active for financing a park that is years from realization. In our opinion, fairness must be added to the equation while considering our proposal. I will forward the draft Park Agreement with revisions upon its availability. Sincerely, / Vice President/General Manager cc: Lloyd Hubbs Keith Beverly Mark Steyaert Jane Mobaldi Curt Noland Scott Medansky DLC:kaf Coravt\ParkLOC2.aIk 22 July 30. 1997 Mr. Keith Beverly City of Carlsbad Parks & Recreation Department 1166 Carlsbad Village Drive Carlsbad, CA 92008 Re: Aviara Park Dear Keith: You will recall our recent meeting discussion regarding Aviara Land Associates offer to grade the Aviara Park site in lieu of the existing Letter of Credit (as required by the Parks Agreement dated June 1, 1989). Following is our proposed schedule to accomplish the grading during the 1997 coastal grading schedule (with extension): July 30 - Start grading plan preparation August 11 - Complete package to City August 18 - Parks and Recreation Commission August 26 - City Council August 27 - Start grading October 31 - Complete grading Your assistance in scheduling this matter at the August 18 Parks & Recreation Commission hearing, will be appreciated. Sincerely, Uw D. Larry Clemens Vice President/General Manager cc: Jim Elliott Lloyd Hubbs Mark Steigert Curt Noland 23