HomeMy WebLinkAbout2018-10-30; City Council; ; Park planning update on the Buena Vista Reservoir siteDiscussion
Background
On March 14, 2017, Agreements were entered into by and between the City of Carlsbad, North
County Advocates, Lennar Homes, Preserve Calavera, Friends of Aviara, and Friends of the
Buena Vista Reservoir. The purpose of the Agreements was to: 1) settle the lawsuit challenging
the city's certification of the General Plan Environmental Impact Report and approval of the
General Plan Update and Climate Action Plan, 2) develop the 3.1 acre Buena Vista Reservoir site
as a new public park, and 3) achieve support for Lennar Homes' proposal to develop a 123 unit,
single family, detached unit condominium project (Poinsettia 61) on land located south of
Cassia Road, between the existing western and eastern segments of Poinsettia Lane.
The Agreements obligate Lennar Homes to construct a 3.1 acre neighborhood park, with
passive use amenities, on the Buena Vista Reservoir site. The Agreements require Lennar
Homes to enter into a Construction Agreement with the city to provide the park improvements
at a maximum cost of $3,028,700, inclusive of all costs associated with the design, public
outreach, permitting, plan processing, and construction. The Agreements further specify that
Lennar Homes is to complete construction of the park improvements such that the new park is
operational no later than 30 months from the date of recordation of a final subdivision map or
issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. The issuance of
a grading permit for the Poinsettia 61 Project occurred on July 25, 2018.
Excerpts of the pertinent sections of the Agreements are provided below:
4.9. ...Lennar shall enter into an agreement with the City to construct certain park
improvements on the Buena Vista Reservoir site {"Park Construction Agreement"}, in
accordance with the design, standards and specifications approved by the City, ... at a maximum
cost of $3,028,700, which is inclusive of all costs ... of the park facilities, along with a construction
management fee, for the benefit of Lennar, in an amount not to exceed 8% of actual total
projects costs, as to be more specifically set forth in the Park Construction Agreement. Upon
completion of such improvements, the City shall accept the park and its ongoing maintenance ....
4.10 The Park Construction Agreement shall provide for construction of a new Neighborhood
Park at the Buena Vista Reservoir, which will include passive use amenities such as, but not
limited to, children's playground structures, picnic tables, shaded structures, interpretive
signage, dry creek stream beds, mounded turf, drought tolerant landscaping and low level
security lighting, and will not include active use elements, such as but not limited to, athletic
fields, athletic field lighting, restroom buildings, parking lots, skate parks, dog parks, tennis
courts or other sports courts ....
4.11 The Park Construction Agreement shall include a detailed budget and schedule that
addresses the public outreach and notification process, concept design, permitting, plan
processing, construction, and delivery and acceptance of a completed park by the City.
5.3. Lennar shall plan, obtain all necessary approvals and construct the park improvements
on the Buena Vista Reservoir site in accordance with the design, standards and specifications
approved by the City. Lennar shall complete construction of the park improvements such that
October 30, 2018 Item #6 Page 2 of 28
the new park is operational no later than 30 months from the date of recordation of a final
subdivision map or issuance of a grading permit for the Poinsettia 61 Project, whichever is
earlier. It is the expectation that a park that includes the passive use amenities as enumerated
in Section 4.10 is achievable within the maximum cost to Lennar of $3,028,700, consistent with
the terms of Section 4.9 ....
On July 31, 2018, the above referenced Construction Agreement (Exhibit 1) was entered into by
and between Lennar Homes and the City of Carlsbad.
Public Involvement
As part of the coordination related to the Community Benefit Agreement, some stakeholders
were involved in early discussions about the proposed park and its prospective amenities. At
that time, the city had not yet received input from all those members of the public potentially
interested in, and affected by, this project. Staff therefore created a public involvement plan,
with a timeline (Exhibit 2), intended to seek input from all stakeholders on the park's design.
The project ideation phase occurred from April through July 2018. The city invited input from
the public on the vision for the new park, specifically related to values, priorities and concerns.
That input was sought via the following methods:
• Project fact sheet
• Letters and fact sheet distributed to 106 residents and home owners in project area
• Postcard mailer to 1,120 residents and home owners in project area
• Postcards placed in libraries and other city buildings
• Banners on the gate of the reservoir and at Buena Vista Elementary soccer field fence
• Posts to city social media and website
• Posts to Buena Vista Elementary social media and website
• Text alerts to Buena Vista stakeholder list
• Email notifications
• Community workshop and survey invite in Buena Vista Elementary weekly newsletter
• Article in citywide newsletter distributed to nearly 8,000
• Media coverage
• Community workshop: June 7, 2018 (48 attendees); presented three conceptual designs
• Animated video of three conceptual designs
• Online survey (115 participants)
Using the public input received through the above methods, the project team prepared a final
conceptual design of the park from August through October 2018. The final conceptual design
was presented at a community meeting on September 20, 2018, for further input. That input
was sought via the following methods:
• Postcard mailer to 1,119 residents and home owners in project area
• Postcards in libraries and other city buildings
• Posts to city social media and website
• Posts to Buena Vista Elementary social media and web site
October 30, 2018 Item #6 Page 3 of 28
• Article in Buena Vista Elementary weekly newsletter
• Banners on the gate of the reservoir and at Buena Vista Elementary soccer field fence
• Text alerts to Buena Vista stakeholder list
• Email notifications
• Article in citywide newsletter distributed to nearly 8,000
• Media coverage
• Community meeting: Sept. 20, 2018 (48 attendees); recorded over 40 comments
• Carlsbad Parks & Recreation Commission meeting: Oct. 15, 2018
The comments received from the public on the final conceptual design (Exhibit 3) were
overwhelmingly favorable. Many comments were received in support of the overall layout and
the amenities of the park. There were a few comments received suggesting that a restroom or
additional onsite parking be reconsidered. Both the Community Benefit Agreement and the
Construction Agreement, however, specifically indicate neither a restroom nor a parking lot will
be a part of this park project. There were also comments received requesting that adjacent
view planes be taken into account when planting trees within the park, and that the park's
bioswale be slightly extended to the east for additional environmental interpretive
opportunities. Those requests are supported by the project team, and can be accommodated
in this park project.
Final Conceptual Design Narrative
The design firm that prepared the final conceptual design for the park also prepared the
corresponding narrative that follows.
Drawing inspiration from the rippling and sinuous movements of water once found in the
reservoir; the parks composition and circulation reflect a flowing and organic configuration.
Visitors are greeted by an interpretive garden at the park's two entries. The northeast entry
includes the existing water tank and associated infrastructure. The tank will be repurposed as an
entry feature to honor the operational history of the site. A loop trail frames the perimeter of
the park and the proposed outdoor spaces. Centered through the park is a large rolling turf
area. A children's play area and adjacent picnic pavilion is located in the northeast corner of the
park and offers a variety of play opportunities for children. The adjacent picnic pavilion provides
a gathering space for small groups. The southern portion of the park is anchored by Buena Vista
Point; a large mound and picnic area perched to capture the dramatic views to the Pacific
Ocean. A dry creek bed and water quality basin frame the western edge of the park, responding
to the natural topography and low point on the site. Flowing and flowering landscape areas line
the loop trail throughout the park. A secondary trail through an interpretive garden in the
northwest corner provides an immersive experience for park users and plant lovers. Seating
opportunities are provided along the secondary trail to sit and enjoy the garden space.
Landscape areas and mounding frame the perimeter of the park to buffer the surrounding
neighbors from park activities. Parallel parking is proposed on Buena Vista Way
accommodating approximately 11 parking spaces.
October 30, 2018 Item #6 Page 4 of 28
Fiscal Analysis
There is no direct fiscal impact associated with receiving this informational update. City staff
costs associated with the park planning, public involvement, and construction management of
the Buena Vista Reservoir site are being absorbed within the respective departments' existing
operating budgets. Anticipated costs for the maintenance and operations of the park will be
included in the Parks & Recreation Department's FY 2020-21 operating budget submittal.
Next Steps
Lennar Homes' intent is to next pursue approval of a Conditional Use Permit for this public
park. The associated application, review and public hearing process is anticipated to require
several months to complete. Should the Conditional Use Permit be approved, Lennar Homes
will then initiate the preparation of plans and specifications for construction of the park. Unlike
the city's typical development of a park, the Buena Vista Reservoir site is to be constructed by
Lennar Homes' employees and agents. Although Lennar Homes will be required to adhere to
the city's standard bidding and contracting practices, the City Council will not be required to
approve the plans and specifications of this project, nor to authorize this project for the
advertisement of public bids.
Lennar Homes is to complete construction of the park improvements such that the new park is
operational no later than 30 months from the date of recordation of a final subdivision map or
issuance of a grading permit for the Poinsettia 61 Project, whichever is earlier. Based on the
referenced issuance of a grading permit for the Poinsettia 61 Project, the construction of the
park improvements is to be completed by January 25, 2021.
Environmental Evaluation {CEQA)
Pursuant to Public Resources Code Section 21065, receiving this informational update does not
constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in
that it has no potential to cause either a direct physical change in the environment, or a
reasonably foreseeable indirect change in the environment, and therefore does not require
environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. Agreement for construction of a public park at the Buena Vista Reservoir site
2. Public involvement timeline for a public park at the Buena Vista Reservoir site
3. Final conceptual design of a public park at the Buena Vista Reservoir site
October 30, 2018 Item #6 Page 5 of 28
AGREEMENT FOR
CONSTRUCTION OF A PUBLIC PARK AT
THE BUENA VISTA RESERVOIR SITE
This Agreement for Construction of a Public Park at the Buena Vista Reservoir Site, dated as of
July:hl._, 2018 ("Agreement") is made at San Diego County, California, by and between the CITY
OF CARLSBAD, a municipal corporation ("City"), and LENNAR HOMES OF CALIFORNIA, INC.,
a California corporation ("Lennar"), with reference to the following recitals:
RECITALS
A. City and Lennar are parties to the Settlement and Community Benefit Agreement
entered into on March 14, 2017, by and among themselves and North County Advocates,
Preserve Calavera, Friends of Aviara, and Friends of the Buena Vista Reservoir
("Community Benefit Agreement").
B. The purpose of the Community Benefit Agreement was to: (1) settle the lawsuit
challenging City's certification of the General Plan Environmental Impact Report and
approval of the General Plan Update and Climate Action Plan, entitled North County
Advocates v. City of Carlsbad, San Diego Superior Court Case No. 37-2015-00035458-
CU-WM-NC; (2) develop the 3.1-acre Buena Vista Reservoir site, Assessor Parcel Number
156-200-16-00, as a new public park; and (3) achieve support for Lennar's proposal to
develop a 123-unit, single-family, detached unit condominium project on approximately 51
acres of land located south of Cassia Road, between the existing western and eastern
segments of Poinsettia Lane, in the southwest quadrant of the City {"Poinsettia 61
Project").
C. Section 4. 8 of the Community Benefit Agreement states that if the City and California
Coastal Commission approve the Poinsettia 61 Project, and Lennar exercises its options to
effectuate and take actions necessary to obtain approval from the appropriate Resource
Agencies to incorporate the 3.1 acres of otherwise developable park land in Veterans Park
and up to 5.7 acres of Aviara Park into the City's Habitat Management Plan preserve
(collectively, the "HMP Options"), then the City shall consent to Lennar's submittal of a
Conditional Use Permit application for the development of the Buena Vista Reservoir site
as a new public park.
D. Section 4.9 of the Community Benefit Agreement states that upon Lennar's exercise
of the HMP Options, Lennar shall enter into an agreement with the City to construct certain
park improvements on the Buena Vista Reservoir site subject to certain requirements in
Sections 4.9, 4.1 a, and 4.11 of the Community Benefit Agreement, which are set forth in
this Agreement.
E. On March 14, 2017, the Carlsbad City Council approved the Poinsettia 61 Project by
adopting Ordinance No. CS-316 (approving an amendment to the zoning map), and
Resolution No. 2017-043 (certifying an environmental impact report and errata, adopting
candidate findings of fact and mitigation monitoring and reporting program, and approving
a General Plan amendment, Local Coastal Program amendment, vesting tentative tract
map, planned development permit, site development plan, coastal development permit,
hillside development permit, and Habitat Management Plan permit).
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(ii) Evidence of costs for each contractor, subcontractor, or vendor by bid
item with the unit price bid, estimated quantity, actual quantity, total bid
amount, change order amount, amount invoiced, cumulative amount
invoiced, and retained amount.
(iii) Copies of invoices, vouchers, canceled checks (front and back), or other
evidence of payment.
(iv) Copies of all quantity vouchers or certificates approved by the City
project inspector.
5. Compliance with City Construction Contract Requirements,
(a) Lennar shall comply with City's bidding, contracting, and change order
procedures as set forth herein:
(i) If bidding on the Park Project will be open to any qualified bidder, Lennar
shall advertise each notice inviting bids in at least one newspaper of general
circulation in the City of Carlsbad. The first posting/publication of notice shall
be at least ten (10) days before bid openlng. Such notice shall be published
for at least ten (10) consecutive days or for at least two (2) consecutive
times in a weekly newspaper in the City of Carlsbad. Lennar shall, in
addition, advertise in consecutive editions in either the "Daily Construction
Service" or "The Green Sheet" for a period of not less than one (1) week.
Proof of publication shall be sent to City.
(ii) Where the notice inviting bids will only be sent to a list of pre-qualified
bidders, a minimum of three (3) bidders shall be pre-qualified based on
criteria reviewed and approved by City.
(iii) The notice inviting bids must clearly state the time, date, and place for the
submission of bids. These dates and times must be strictly adhered to
unless changed by addendum. The notice inviting bids and any addenda
shall be sent to City.
(iv) The request for bids shall state that the successful bidder shall be required
to furnish a performance and warranty bond equal to one hundred percent
(100%) of the amount b!d and a labor and materials bond equal to one
hundred percent (100%) of the amount bid. In lieu of these bond
requirements, Lennar may permit securities or cash to be substituted
therefore. Providers of architectural, engineering, and land surveying
services shall not be required to post bonds.
(v) The request for bids shall requrre bidders to expressly acknowledge they
have reviewed, understand and will comply with the insurance requirements
set forth in the bid and contract documents.
(vi) If significant changes to plans, specifications, or request for bids require the
issuance of an addendum in the last five (5) working days of the bidding
period, the bid opening date shall be extended to allow bidders a minimum
of five {5) working days from receipt of the addendum to accommodate the
change.
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October 30, 2018 Item #6 Page 10 of 28
(vii) The minimum period between issuance of the notice inviting bids and bid
opening is four (4) weeks.
(viii) Lennar shall conduct a "live" bid opening, whereby only those direct
representatives of the bidders will attend. Sealed bids will be required to be
submitted on or before the specified date and time and the bidder's name
and total bid timely publrshed on City's website.
(ix) Lennar shall open all bids in the presence of all bidders. Lennar shall rank
all bids from the lowest to the highest bid amount, based upon costs for the
construction of the Park Project. Lennar shall prepare a summary analysis
of all bids and provide its findings regarding the bid award to City within five
(5) working days of the date such award is made. The summary analysis
shall include: (a) an itemized summary of all bids received; (b) a certificate
executed by an authorized representative of Lennar stating that all bidders
received the same set of bid documents and any addenda issued, there are
no pending disputes over the bidding procedures, all applicable binding,
insurance, and licensing requirements have been met, and the bid was
made without connection with any collusion or fraud; and (c) a copy of the
selected bid proposal for award.
(x) Lennar shall retain the original of all bids received for a minimum of three (3)
years after bid award.
(xi) Lennar shall award the construction contract to the lowest responsive,
responsible bidder with concurrence of City.
(xii) Lennar shall not authorize the contractor to begin construction until the
following documentation has been submitted to, and approved by, City: (a)
copies of the signed bid documents for the construction of the Park Project;
(b) copies of all insurance certificates for Lennar and the contractor; and (c)
a written statement to certify and declare, under penalty of perjury, that the
bid documents and bidding procedures were prepared and followed in
accordance with the requirements of this Agreement. Upon written approval
from City, Lennar may issue the notice to proceed to the contractor.
(xiii) Lennar shall schedule and conduct a pre-construction meeting prior to the
beginning of construction of the Park Project. Lennar shall invite the design
firm, contractor, City project inspector, and any other interested parties.
(xiv) If Lennar desires that any change order be made, Lennar shall, prior to
directing contractor to perform such work, obtain the written
acknowledgment of the City's project inspector as to the need to perform the
work in order to satisfactorily complete the construction of the Park Project.
The City project inspector's acknowledgment shall be documented in
writing. If Lennar undertakes such work prior to obtaining the City project
inspector's written acknowledgment, Lennar assumes the risk that such
change order may not be included in the total Park Project Budget.
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(xv) Contracts for the construction of the Park Project shall provide for payments
of prevailing wages by all contractors and subcontractors for all work
performed. Lennar shall include the following provisions in the contract for
construction of the Park Project
The general prevailing rate of wages for each craft or type of worker needed
to execute the Contract shall be those as determined by the Director of
Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the
Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer of the
City of Carlsbad. The Contractor to whom the Contract is awarded shall not
pay less than the satd specified prevailing rates of wages to all workers
employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with
provisions of section 1777.5 of the Labor Code and section 4100 et seq. of
the Public Contracts Code, "Subletting and Subcontracting Fair Practices
Act." The City Engineer is the Clty's "duly authorized officer" for the
purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with
section 1720 shall apply to the Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a
bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for publlc
work, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. This project is subjectto compliance monitoring
and enforcement by the Department of Industrial Relations.
The Prime Contractor and all subcontractors shall comply with Section 1776
of the Labor Code, which generally requires keeping accurate payroll
records, verifying and certifying payroll records, and making them available
for inspection. Contractor shall require all subcontractors to comply with
Section 1776.
(xvi) Revisions to the construction plans shall be reviewed and approved by City
in accordance with City's plan check procedures.
(b) Lennar shall construct the Park Project in substantial compliance with the
design plans, standards, and specifications to be approved by City.
6. City Acceptance of Park Project.
(a) Upon completion of the Park Project, recordation of a City-issued notice of
completion, Lennar's provision of any final mechanics lien releases from a
contractor, subcontractor, or vendor, and a copy of the approved as-built
plans, City shall accept the public improvements for the Park Project.
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October 30, 2018 Item #6 Page 12 of 28
9.2.2 Lennar will obtain occurrence coverage which will be written as claims-made
coverage.
9.2.3 This insurance will be in force during the life of the Agreement and any
extensions of it and will not be canceled without thirty {30) days prior written
notice to City sent by certified mail pursuant to the Notice provisions of this
Agreement.
9.3 Providlnq Certificates of Insurance and Endorsements. Prior to City's execution of
this Agreement, Lennar will furnish certificates of insurance and endorsements to
City.
9.4 Failure to Maintain Coverage. If Lennar fails to maintain any of these insurance
coverages, then City will have the option to declare Lennar in breach, or may
purchase replacement insurance or pay the premiums that are due on existing
policies in order to maintain the required coverages. Lennar is responsible for any
payments made by City to obtain or maintain insurance and City may collect these
payments from Lennar or deduct the amount paid from any sums due Lennar under
this Agreement.
9.5 Submission of Insurance Policies. City reserves the right to require, at any time,
complete and certified copies of any or all required insurance policies and
endorsements.
10. Bonds Required. Within thirty (30) days after execution of this Agreement, pursuant to
Carlsbad Municipal Code section 3.28.050(D)(1), Lennar shall provide surety bonds to
secure faithful performance and warranty of the work in an amount equal to one hundred
percent (100%) of the anticipated construction contract price of the Park Project. Lennar
shall require the construction contractor to provide bonds to secure payment of laborers
and materials suppliers, in an amount equal to one hundred percent (100%) of the total
amount payable by the terms of the contract. These bonds shall be kept in full force and
effect during the course of this project, and shall extend in full force and effect and be
retained by the City until they are released. AH bonds are to be placed with a surety
insurance carrier admitted and authorized to transact the business of insurance in California
and whose assets exceed their liabilities in an amount equal to or in excess of the amount
of the bond. The bonds are to be accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of
attorney, by laws, or other instrument entitling or authorizing the person who
executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the
insurance commissioner.
11. Assignment of Contract. Lennar shall not assign this Agreement or any part thereof or
any monies due thereunder without the prior written consent of City, which approval
shall not be unreasonably withheld.
12. Notices. Unless otherwise specifically provided herein, all notices, demands or other
communications given hereunder shall be in writing and shall be deemed to have been
duly delivered upon personal delivery, or by Federal Express (or similar reputable
express delivery service), or by facsimile transmission with back-up copy mailed the
same day, or as of the second business day after mailing by United States Certified Mail,
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return receipt requested, postage prepaid, addressed as shown below. Notices required
to be given to Lennar shall be addressed as follows:
Lennar Hornes of California, Inc.
25 Enterprise, Suite 400
Aliso Viejo, CA 92656
Telephone: (949} 349-8000
Attn: Jeremy Parness, Division President
Notices to City shall be delivered to the following:
City Manager
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Telephone: (760) 434-2821
Fax: (760) 720-9461
Each party shall notify the other immediately of any changes of address that would
require any notice delivered hereunder to be directed to another address.
13. Transfer by Lennar. The obligations and benefits of this Agreement shall not be
transferred upon sale of the Poinsettia 61 Project.
14. License to Access City Property. City hereby authorizes, permits and grants a
license to Lennar, Lennar's agents, subcontractors, anyone directly or indirectly
employed by them, or anyone they control, and its consultants to access the Buena
Vista Reservoir site to perform the necessary work contemplated by this
Agreement.
15. City's Consent. City hereby agrees and consents to permit Lennar to submit and
process plans for the Park Project.
16. Counterparts. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed to be an original and all of
which counterparts taken together shall constitute one and the same instrument.
17. Governing Law and Venue. This Agreement shall be interpreted and enforced under the
laws of the State of California, and venue shall reside in San Diego County, California.
18. Complete Agreement. This Agreement contains the entire agreement between the
parties with respect to the subject matter contained herein, and supersedes all
negotiations, discussions, and prior drafts with respect to this subject matter.
19. Amendment. This Agreement may be amended by a written instrument executed by
City and Lennar.
20. Term. This Agreement shall be effective on the date it is executed by City and
Lennar, and shall terminate one year after recordation of the notice of completion
for the Park Project.
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October 30, 2018 Item #6 Page 16 of 28
21. No Third-Party Beneficiaries. This Agreement shall not be deemed to confer any rights
upon any individual or entity which is not a party hereto, and the parties hereto expressly
disclaim any such third-party benefit.
22. Severability. The invalidity or unenforceability of any provision of this Agreement, as
determined by a court of competent jurisdiction, shall in no way affect the validity or
enforceability of any other provision hereof.
[SIGNATURES FOLLOW]
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October 30, 2018 Item #6 Page 17 of 28
EXHIBIT A
CONSTRUCTION SCHEDULE
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October 30, 2018 Item #6 Page 19 of 28
Buena Vista Reservoir Park
May 16, 2018
ID ITask Name I Duration I Sblrt i Finish iQtr 1, 2019 ;0.tr2, 2019 I !Qtr'J, 2019 ·
1
ob" 4, 2019 ~tr 1. 2D20 I I
I Jnn I Feb ! Mer I Aor l Mcv Jun ..L ~~J!R Oct I Nov ) Dec L Jon Feb
1 Conceptual Design (45 wks / 7.5 mos.) 225 days. Wed 1111.5/17 Tue 9/25/18 ~--------_ _ _ __
2 Kick-Off Meeting 1 day Wed 11115117 Wed 11/151 .. ,
3 Site Investigation -65 days Thu 11116117 Wed 2/14118 ··· ··· ···· -· ··· •·· ··
4 Site lnveniory &Analysis & Bubble Diagrams 50 days Thu 2115/18 Wed 4125/18 •
5 Public Outreach and City Coordination 30 days Thu 4/26/18 Wed 6/6/18 · ·
6 Community Workshop #1 (Present Site Analysis & Bubble Diagrams) 1 day Thu 6/7/18 Thu 617/18
7 Prepare Outreach Summary 3 days Fri 6/8/18 Tue 6/12118 ,
8 Lennar/City Meeting (Workshop Summary) 1 day Wed 6/13/18 Wed 6/13/18
9 Draft Conceptual Design . 25.days Thu 6114/18 Wed 7118/18
10 Lennar/City Meeting (Present 1st Draft of Preferred Concept) 1 day Thu 7/19/18 Thu 7/19/18
11 Staff to Prepare Comments to 1st Draft of Preferred Concept 3 days_ Fri 7120/18 Tue 7/24/18
12 Conceptual Design Refinement . . . . 10 days Wed 7125118 Tue 817/18
~3 Lennar/City Meeting (Present 2nd Draft ii(Preferred·concept) 1 day' Wed 8/8118 Wed 8/811 8 .
14 Public Outreach and City Coordination 16 days Thu 8/9118 Thu 8/30/18
15 Community Workshop #2 (Present Conceptual Design} 1 day Fri 8/31118 Fri 8/31/18 ,
16 Prepare Outreach Summary 4 days· Mon 9/3118 Thu 9/6118 ·
17 Finalize Conceptual Design and Public Involvement Summary (Based 6 days Fri 9/7118 Fri 9/14/18
on City and Community Feedback}
13 Present Final Design to Parks& Rec Commission 1 daY. Mon 9/_1_7/18 Mon 9/171181!
19 Present Final Design to City Council 1 day Tue 9125118 Tue 9/25118
2° Conditional Use Permit (12 wks / 3 mos.) 60 days Wed 9/26118 Tue 12/18/18
21 Plan Processing and Approva_ls 60 days Wed 9/26/18 Tue 12/18/18..,.___ ..... ........... _____ _
22 . Design Development (8 wks / 2 mos.) 40 days Wed 12/19118 Tue 2112/19 • , _ __ _ _ _ 23 Design Development Package (30% Completion) (4 City Meetings) 30 days Wed 12/19/18_ Tue 1/29/191=>,
24 City Review of Design Development Package 1 o days Wed 1/30/19 Tue 2/12/19 _
25 Construction Documents (22 wks I 5.5 mos.} 110 days Wed 2/13/19 Tue 7i16/19 .+---------------•
26 80% Construction Documents (2 City Meetings} 40 days Wed 2113119 Tue 4/9/19 1
27 · City Review of 80% Construction Documents 15 days Wed 4110/19 Tue 4/30/19 ...,_
28 100% Construction Docum~nts (2 City Meetings) 4•-days Wed 511/19 Tue 6/25/19 .. • (· ..
29 City Review of 100% Construction Documents 15 days Wed 6/26119 Tue 7/16/19 ~ _ . --------------_ .
30 Permit Processing (12 wks / 3 mos.) 60 days Wed 7117/19 Tue 10/8/19 "'
31 Permit Processing 60_d_ ays Wed 7117119 Tue 1018/19 l
32 Council Approval 1 day Wed 10/9119 Wed 10/9/19 ,
33 City Council Approval 1 day Wed 10/9/19 Wed 10/9/19 ' ' ~
34 Bid.Process (8wksl 2 mos.) --· -40 days Thu 10/10/19 Wed 12/4/19 ; ·
35 Advertise for Bids 30 days Thu 10/10/19· Wed 11/20/... .
3-6 ' Review bids and recommend contractor 10 days Ttiu-11/21.h9 'Vl/ed 1·214/19 · · -
37 City Council Award 1 day Fri 8/30/19 Fri 8/30/19
33 Award to Contractor 1 day Thu 1215119 Thu 1215i19 ; 9j
39 Construction (40 wks / 7 mos.+ 3 mos. PEP) 321 days Fri 1216119 Fri 2/26/21 · •2-------~
4° Finalize contract/contractor to obtain bonds 20 days_ Fri 12/Sifa Thu 1/2/20 ..,. ·l
41 Construction (9 mos.} 180 days Fri 113/20 Thu 9/10/20
42 Construction Completion 1 day Fri 9/11/20 Fri 9111/20
43 Maintenance Period 120 day~s_. _M_o_n_9/_1_4/_2_0 __ F_ri_21_2_6_/2_1~-------------------------------~------<
Page 2 of 3
October 30, 2018 Item #6 Page 21 of 28
Buena Vista Reservoir Park
May 16, 2018
ID ITask Name I Duration I Stort I Finh,h Mar f tT ~,,~020 I lu'lev t Jun ftr 3j~020 I Au,, I ftr"6!~20 I ftr~0!021 I E"h l >.11,,r ftr 2~p5 I Se t,joy: I pee 1 Conceptual Design (45 wks / 7.5 mos.) 225 days Wed 1_1/15/17 Tue 9/25/18
2 Kick-Off Meeting 1 day Wed 11/15/17 Wed 11/15/'. ..
3 Site Investigation 65 days. Thu 11/16/17 Wed 2/14/1_8
4 Site Inventory & Analysis & Bubble Diagrams 50 days._ Thu 2/15/18. Wed 4/25/18
5 Public Outrea_~h and City _Coordination 30 days Thu 4/26/18 Wed 6/6/18 -.. ----------6 Community Workshop #1 (PEesent Site Analysis & Bubble Diagrams) 1 day Thu 6/7/18 Thu 6/7/18
7 Prepare Outreach_Su_n,_mc1ry_ 3 days Fri 6/8/18 Tue 6i12118
.
• Lennar/City Meeting (Workshop Summary) 1 day-Wed 6/13/18 Wed 6/13/18 -···· '
9 Draft Conceptual Design 25 days Thu 6/14/18 Wed 7/18/18
10 LenQar/City Meeting (Present 1st Draft of Preferred Concept) 1 day Thu 7/19/18 Thu 7/19/18
11 Staff to Prepare Comments to 1st Draft of Preferred Concept 3 days Fri 7/20/18 Tue 7/24/18
12 Conceptual D_esig_n Refinement 10 days Wed 7/25/18 Tue 8/7/18
13 Lennar/City Meeting (Present 2nd Draft of Preferred Concept) 1 day_ Wed 8/8/18 Wed 8/8/18
14 Public Outreach and City Coordination 16 days Thu 8/9/18 Thu 8/30/18
15 Community Workshop #2 (Present Conceptual Design) 1 day Fri 8/31/18 Fri 8/31/18
16 Prepare Outreach Summary 4 days_ Mon 9/3/18 Thu 9/6/18
17 Finalize Conceptual Design and Public Involvement Summary (Based 6 days Fri 9/7/18 Fri 9/14/18
on City and Community Feedback) --1B Present Final Design to Parks & ~e_c _9ommission 1 day Mon 9/17/18 Mon 9/17/18 -19 Present Final Design to City Council 1 day• Tue 9/25/18 Tue 9/25/18
20 . Conditional Use Permit (12 wks / 3 mos.) 60 days Wed 9/26/18 Tue 12/18/18 -21 Plan Processing and Approvals 60 days Wed 9/26/18 Tue 12/18/18
22 Design Development (8 wks / 2 mos.) 40 days: Wed 12/19/18 Tue 2/12/19
23 Design Development Package (30% Completion) (4 City Meetings) 30 days Wed 12/19/18 Tue 1/29/19
24 City Review of Design Development Package 10 days_ Wed 1/30/19 Tue 2/12/19 •··•· '
25 Construction Documents (22 wks / 5.5 mos.) 110 days Wed 2/13/19 Tue 7/16/19
26 80% Construction -~ocuments (2 City Meetings) 40 days Wed 2/13/19 Tue 4/9/19
27 City Review of 80% Construction Documents 15 days Wed4/10/19 Tue 4/30/19
28 100% Construction Documents _(2 City Meetings) 40 days Wed 5/1/19 Tue 6/25/19
29 City Review of 100% Construction Documents 15 days Wed 6/26/19 Tue 7/16/19 !
30 Permit Processing (12 wks / 3 mos.) 60 days Wed 7/17/19 Tue 10/8/19
31 _ _ Perrr1itProcessing 60 days Wed 7/17/19 Tue 10/8/19
32 . Council Approval 1 day Wed 10/9/19 Wed 10/9/19
... •·
33 City Cour]cil tppr2val 1 day Wed 10/9/19 Wed 10/9/19 : 34 . Bid Process (8 wks / 2 mos.) 40 days Thu 10/10/19 Wed 12/4/19
35 Advertise for Bids 30 days-Thu 10/10/19 Wed 11 /20/ ... ---
------------36 Review bids and recommend contractor 10 days Thu 11/21/19 Wed 12/4/19
37 City Council Award --1 day Fri 8/30/19 Fri 8/30/19
30 Award to Contractor 1 day Thu 12/5/19 Thu 12/5/19 ----39 Construction (40 wks / 7 mos.+ 3 mos. PEP)_ 321 days Fri 12/6/19 Fri 2126/211 40 Finalize contract/contractor to obtain bonds 20 days· Fri 12/6/19 Thu 1/2/20i
.... ____ ••···· ··········-····· ·············---····-··-·•----·• -·-····· .. -
41 Construction (9 mos.) 180 days Fri 1/3/20 Thu 9/10/20 42 Construction Completion 1 day Fri 9/11/20 Fri 9/11/201 ~ 43 Maintenance Period 120 days Mon 9/14/20 Fri 2/26/21:
Page 3 of3
October 30, 2018 Item #6 Page 22 of 28
Buena Vista Reservoir Site -Park Plann ing
Timeline of Public Involvement Efforts
4/11/2018 Letter sent to owners/occupants closest to the park
EXH IBIT 2
Text service is deployed to invite residents to receive updates and information about
the BV Reservoir site project
5/15/2018 News release announcing the public workshop is published online, social media, and
city's web page
5/15/2018 Postcard is created, printed and mailed to residents and property owners in a .75 mile
· radius from the reservoir's site
5/15/2018 Banners announcing the public workshop are placed at reservoir's gate and field at
Buena Vista Elementary
6/1/2018 BV Elementary sends weekly newsletter home to families with invitation to participate
in public workshop
6/4/2018 Eblast announcing public workshop goes out to Parks & Rec and Buena Vista lists
6/7/2018 Public workshop Buena Vista Elementary ~so attendees participate
6/8/2018 Online survey goes live to the public
6/9/2018 Eblast goes out to public workshop participants and mail list announcing the availability
of concept designs on line and survey
6/22/2018 Survey participation is encouraged by sending the link and an invitation to parent's
groups, Trails and Recreation lists, Facebook targeted ads, Buena Vista Elementary
home page invitation with link, direct email to administration at elementary school
inviting them to share the link with families
Banners are updated to reflect information about how to stay informed about the
project via email, project's webpage and text
9/4-9/7 /2018 Postcard announcing the second public meeting are delivered to home owners and
residents living within a .75 mile radius from site
9/12/2018 Eblast announcing a second public meeting and revised design of park is sent to Parks &
Rec and Buena Vista lists
9/12/2018 Text goes to BV Park subscribers announcing revised design and second public meeting
9/12/2018 Banners promoting second public meeting are placed on the fence of BV Elementary
(Las Flores) and at the reservoir's gates
9/13/2018 Second public meeting is announced on BV Elementary home page
9/13/2018 Blurb announcing the second public meeting goes out to parents of all elementary
school students on their school weekly newsletter
9/14/2018 Postcard is placed on community information board at BV Elementary
9/12/2018 Postcard is created, printed and mailed to residents and property owners in a .75 mile
radius from the reservoir's site announcing the revised design
9/20/2018 Second public workshop takes place at BV Elementary -~so attendees participate
9/19/2018 Eblast and text reminding residents about the public meeting and BV Elementary is sent
9/21/2018 Thank you eblast goes to participants and BV list inviting them to visit the project's web
site and see and comment on the revised design
10/10/2018 Enewsletter announcing informational presentation to Parks & Recreation Commission
on 10/15 is sent to BV list
10/15/2018 Park planning update presented to the Parks & Recreation Commission
October 30, 2018 Item #6 Page 23 of 28
Morgen Fry
Subject: FW: Reply Park Planning Update on Buena Vista Reservoir Site at City Council on 10/30
All .Receive -Agenda Item # J£..
For the Information of the:
. ____ CIIY COUNCIL_ ... _
From: Janann Taylor
Sent: Friday, October 26, 2018 10:37 AM
ACM .JL CA ~ CC lL_
Date ~CM J coo ~
To: Kyle Lancaster'<Kyle.Lancaster@carlsbadca.gov>
Cc: Chris Hazeltine <Chris.Hazeltine@carlsbadca.gov>; Debbie Fountain <Debbie.Fountain@carlsbadca.gov>;
Schumacher Cori <cori@corischumacher.com>; Cannon Janell ; Council Internet Email
<CityCoun,cil@carlsbadca.gov>; Christie Marcella <Christie.Marcella@carlsbadca.gov>; Tamara Moody
; Jennifer Rolf ; Hansen Pat <
Hansen Robin ; Taylor Brynn
Subject: Re: Reply Park Planning Update on Buena Vista Reservoir Site at City Council on 10/30
Thanks-yes:). We are well aware of the agreement.
Kind regards,
Jan
Sent from my iPhone
On Oct 26, 2018, at 10:30 AM, Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov> wrote:
. Hello Janann-
We're glad you like the conceptual design of the park. Staff is very pleased with it as well.
As to your comments specific to a public restroom, please be advised that both the Settlement and
Community Benefit Agreement -between multiple entities, and the Park Construction Agreement -
between the city and Lennar Homes, indicate that restroom buildings shall not be included with the park
improvements on the Buen~ Vista Reservoir site. Therefore, a public restroom was not pursued as part
of this project.
Please feel free to call me at 760-434-2941, should you have further questions in this regard.
Thank you.
-Kyle
<image001.png>
Kyle Lancaster
Parks Services Manager
Parks & Recreation
City of Carlsbad I 799 Pine Ave., Ste. 200
Carlsbad, CA 92008
www.carlsbadca.gov
76Q~434-2941 I 760-434-5088 fax I Kyle.Lancaster@carlsbadca.gov
1
From: Janann Taylor
Sent: Wednesday, October 24, 2018 11:05 AM
To: Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov>
Cc: Chris Hazeltine <Chris.Hazeltine@carlsbadca.gov>; Debbie Fountain
·.<Debbie.Fountain@carlsbadca.gov>; Schumacher Cori <cori@corischumacher.com>; Cannon Janell
; Council Internet Email <CityCouncil@carlsbadca.gov>; Christie Marcella
<Christie.Marcella@carlsbadca.gov>; Tamara Moody Jennifer Rolf
... Hansen Pat ; Hansen Robin
; Taylor Brynn
Subject: Reply Park Planning Update on Buena Vista Reservoir Site at City Council on 10/30
Hello Kyle, Council and all-
I have reviewed the plan and it is great. However, even though it was not planned and or
budgeted for plumbing for a public restroom, we know the health benefits. If senior citizens do
not have facilities readily available they often contract urinary tract infections. Health and
sanitary conditions really should be addressed to provide for our City and Citizens. Can we not
find some funds from the City's reserves to provide for this special park and community?
We have meetings, and these comments are voiced. The answers and reasons have not really
been adequate or acceptable.
Thanks,
Jan
Janann Taylor
Tne,~fftA!e/1/ ~ by nat"ur& h,-Jlw-rt; but-the, me,nory of ev ~ well JfJenf h,-
a-ernal.
Begin forwarded message:
From: "Kyle.Lancaster@carlsbadca.gov"
<kyle.lancaster@carlsbadca.gov>
-crcero--
Subject: Park Planning Update on Buena Vista Reservoir Site at City
Council on 10/30
Date: October 22, 2018 at 5:10:22 PM PDT
To:
Reply-To: kyle. lancaster@carlsbadca.gov
2
Chris Hazeltine, Parks & Recreation Director
Kyle Lancaster, Parks Services Manager
JT Barr, Principal, Schmidt Design Group
October 30, 2018
Park Planning UpdateBuena Vista Reservoir Site
Recommended Action
Receive a park planning update on the Buena Vista
Reservoir site, and direct staff to continue supporting
Lennar Homes’ pursuit of this park project,
consistent with the terms of the Settlement and
Community Benefit Agreements
Background
March 14, 2017 –A Settlement and Community
Benefit Agreement was entered into by/between:
3
NORTH COUNTY
ADVOCATES
LENNAR®
'Preserve Ca avera
Coastal North San Diego County
A~
, I\ ITf"\T
Friends of
Buena Vista Reservoir
{"Cityof
Carlsbad
Community Benefit Agreements
Purpose of agreements was to:
•Settle lawsuit challenging the city’s certification
of the General Plan Environmental Impact
Report and approval of the General Plan Update
and the Climate Action Plan
Community Benefit Agreements
As a provision of the agreements:
•A construction agreement was executed to develop
a 3.1 acre park at the Buena Vista Reservoir Site
Construction Agreement
Agreement obligates Lennar Homes to:
•To provide the park improvements at a maximum
cost of $3,028,700, inclusive of all costs…of the
park facilities
Construction Agreement
Agreement obligates Lennar Homes to:
•Complete construction of the park improvements
no later than 30 months…from date of issuance of
a grading permit for the Poinsettia 61 Project
–A grading permit was issued on July 25, 2018
7
Construction Agreement
Amenities may include:
•Children’s playground structures, picnic tables,
shaded structures, interpretive signage, dry creek
stream beds, mounded turf, drought tolerant
landscaping and low level security lighting
Construction Agreement
Amenities may not include:
•Athletic fields, athletic field lighting, restroom
buildings, parking lots, skate parks, dog parks,
tennis courts or other sports courts
Buena Vista
Reservoir
Site
m -3 ~
0
0
~
u,
.-4-
Buena Vista Way
12
Public Involvement
•Some stakeholders were involved in early
discussions about the proposed park/amenities
•Staff next created a public involvement plan,
intended to seek input from all stakeholders
Park Project Ideation
•This phase occurred from April through July 2018
•Invited input on the vision for the park, specifically
related to values, priorities and concerns
Park Project Ideation
•Input was sought via multiple methods, including:
–Letters, fact sheets, and post cards
–Banners at site and at Buena Vista Elementary
–Posts to social media and websites
–Text alerts and email notifications
Park Project Ideation
•Input was sought via multiple methods, including:
–Articles in citywide and site vicinity newsletters
–Media coverage and animated video
–Community workshop on June 7, 2018
–Online survey
Public Values/Priorities
•Maximize views
•Keep a natural feel
•Incorporate the water tank
•Provide shade, and picnic areas
•Include a children’s playground
Public Values/Priorities
•Account for patron parking
•Be respectful of neighbors
•Incorporate interpretive elements/gardens
•Include walking paths
•Provide open area for play, and places to sit
Public Concerns
•Parking in the neighborhood
•Ensuring the public is safe
•Encampments of homeless
•Extensive rental of park’s areas
•Control of park’s open hours
Conceptual Design
•Using the public input received, a conceptual
design was prepared from August to October 2018
•Conceptual design was presented at a community
meeting on September 20, 2018, and posted online
Conceptual Design
•Input was sought via multiple methods, including:
–Most methods used during project ideation phase
–Parks & Rec Commission Meeting on Oct. 15, 2018
Public Comments Received
•Comments were overwhelmingly favorable
–Supportive of overall layout and amenities
Public Comments Received
•Requests within park that can be accommodated:
–View planes accounted for when planting trees
–Shade provided to picnic areas and playground
–Sand minimized or eliminated at playground
–Bioswale slightly extended to the east
INSERT REVISED
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24Concept PlanI
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25Pedestrian Access
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26Preserve Water TankI
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Garden Trail
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Children’s Play
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33Picnic Plazas
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36Seating NodesI
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40Cross Section
Planting Area
landscape Buffer Poth PicntCArea Playground Turt Interpretive Garoen Path (PA) swme landscape Buffer
A A'
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43Rendering ViewI
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50Concept Plan with Extended Bioswale
Next Steps
•Lennar’s intent is to pursue a Conditional Use Permit
–Associated process likely to require several months
•Lennar will then be required to adhere to the city’s
standard bidding and contracting practices
Next Steps
•Council not required to approve plans/authorize bids
•Based on issuance of grading permit for Poinsettia 61
Project, park is to be completed by January 25, 2021
Recommended Action
Receive a park planning update on the Buena Vista
Reservoir site, and direct staff to continue supporting
Lennar Homes’ pursuit of this park project,
consistent with the terms of the Settlement and
Community Benefit Agreements
Question and Answer