HomeMy WebLinkAbout2021-05-04; City Council; ; Update on the Construction Costs and Project Schedule Associated with the Buena Vista Reservoir ParkMeeting Date: May 4, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kyle Lancaster, Parks & Recreation Director
kyle.lancaster@carlsbadca.gov, 760-434-2941
Subject: Update on the Construction Costs and Project Schedule Associated with
the Buena Vista Reservoir Park
District: 1
Recommended Action
Adopt a resolution identifying the Park-in-Lieu Fee Fund-Northwest as the funding source for
reimbursement to Lennar Homes for agreed-to costs associated with the Buena Vista Reservoir
Park Project budget and authorizing such reimbursement in amount not to exceed $378,500.
Executive Summary
The City Council received a staff report providing a park-planning update on the Buena Vista
Reservoir site on Oct. 30, 2018 (Exhibit 2) and a staff report regarding the naming of the park
site on Nov. 17, 2020 (Exhibit 3). Following direction from the City Council, staff has continued
to support Lennar Homes in the pursuit of this park project, consistent with the terms of the
related settlement and community benefit agreements and have implemented the site name of
Buena Vista Reservoir Park.
The agreements require Lennar Homes to enter into a construction agreement with the City of
Carlsbad to provide the park improvements at a maximum cost of $3,028,700, including all
costs associated with the design, public outreach, permitting, plan processing and construction.
The construction agreement also allowed a construction management fee for the benefit of
Lennar Homes in an amount not to exceed 8% of the actual total cost of the construction.
Construction of the Buena Vista Reservoir Park by a Lennar Homes’ contractor began in early
November 2020. At that time, the park was expected to be operational in the second quarter of
2021. During the course of construction, however, several unforeseen issues arose. As a result
of having to address those issues, the project costs are anticipated to exceed the previously
approved maximum cost of $3,028,700, and the park’s completion and opening to the public is
anticipated to be delayed until the third quarter of 2021.
May 4, 2021 Item #9 Page 1 of 19
Section 4 – Park Project Budget of the construction agreement states:
(c) ln the event that circumstances change, causing the City and Lennar to agree
that the cost of the Park Project is anticipated to exceed the Park Project
Budget, City shall have the option, in its sole discretion, to either: (1) amend
the scope of the Park Project to bring the total costs within the Park Project
Budget; or (2) identify alternative funding sources to reimburse Lennar for
the agreed-to amount over the Park Project Budget needed to complete the
Park Project.
Staff have prepared this report to provide an update on the construction of the park and to
seek the City Council’s direction on the options related to the park project’s budget.
Discussion
Public involvement
Staff created a public-involvement plan to seek input on the park’s design. The project’s
ideation phase occurred from April through July 2018. The city produced a project fact sheet,
placed an article in a citywide newsletter distributed to nearly 8,000 community members and
sought media coverage to invite the public’s input on the vision for the new park, specifically
related to values, priorities and concerns.
The public involvement plan also included:
• Letters and fact sheet distributed to 106 residents and homeowners in the project area
• Postcard mailer to 1,120 residents and homeowners in project area
• Postcards placed in libraries and other city buildings
• Banners on the gate of the reservoir and at Buena Vista Elementary School soccer field
fence
• Posts to city social media and website
• Posts to Buena Vista Elementary School social media and website
• Text alerts to Buena Vista Reservoir site stakeholder list
• Email notifications
• Invitation to take part in community workshop and survey in Buena Vista Elementary
School weekly newsletter
• Community workshop, with 48 attendees
• Animated video of three conceptual designs
• Online survey, with 115 participants
Using the public input received, the project team prepared a final conceptual design of the park
from August through October 2018. That design maximized the park project’s budget, leaving
no funding amount available for contingencies.
The final conceptual design was presented at a community meeting on Sept. 20, 2018, for
further input. Forty-eight community members attended the meeting and the city recorded
more than 40 comments.
The public involvement plan at this stage included:
• Postcard mailer to 1,119 residents and homeowners in project area
• Postcards in libraries and other city buildings
May 4, 2021 Item #9 Page 2 of 19
• Posts to city social media and website
• Posts to Buena Vista Elementary School social media and website
• 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
The design was presented to the Carlsbad Parks & Recreation Commission at its meeting, on
Oct. 15, 2018.
The comments received from the public on the final conceptual design were overwhelmingly
favorable. Many comments were received in support of the overall layout and of the amenities
of the park.
On Oct. 30, 2018, the City Council received a staff report providing a park planning update,
including the final conceptual design. The City Council then directed staff to continue
supporting Lennar Homes’ pursuit of the project, consistent with the terms of the agreements.
Project permit, plans, estimate and schedule
Staff coordinated with Lennar Homes and its design consultant to prepare an application for a
conditional use permit, based on the final conceptual design of the park. On Oct. 2, 2019, the
Planning Commission approved Conditional Use Permit No. 2018-0023 for the construction of a
passive park at the Buena Vista Reservoir site. Upon the issuance of the permit, staff worked
closely with Lennar Homes and its design consultant to develop the plans and specifications for
construction of the park, consistent with the final conceptual design.
The design consultant also arranged for a construction cost estimate to be prepared, based on
the completed plans and specifications and the industry’s market conditions shortly before the
bidding process was conducted in the summer of 2020. With construction costs rising since the
preparation of the final conceptual design, it was necessary to account for the full project
budget of $3,028,700, to implement the park amenities depicted in that design. In the fall of
2020, Lennar Homes executed a contract with a general contractor for construction of the park
and a project schedule was prepared. On. Nov. 17, 2021, the City Council received a staff report
requesting a determination on selecting the name of the park site. At that time, construction of
the park by a Lennar Homes’ contractor had just begun, and the park was expected to be
operational in the second quarter of 2021.
Construction agreement and unforeseen issues
The agreements required Lennar Homes to enter into a construction agreement with the City of
Carlsbad to provide the park improvements at a maximum cost of $3,028,700, including all
costs associated with the design, public outreach, permitting, plan processing, and
construction. The construction agreement also allowed a construction management fee for the
benefit of Lennar Homes in an amount not to exceed 8% of the actual total cost of the
construction. That construction management fee was also to be included within the maximum
cost of the park improvements.
May 4, 2021 Item #9 Page 3 of 19
A typical standard public works project, such as the development of a municipal park, would
include a project contingency of 10% to 15% of the estimated project costs to account for
addressing unforeseen issues that may arise. The Buena Vista Reservoir project is not a typical
standard public works project, in that it is being paid for and constructed by Lennar Homes, and
will become a city-owned park upon completion. A typical standard public works project
contingency was not included in the park project budget, so the costs associated with
addressing unforeseen issues arising on this project must be addressed in another manner.
There have been several unforeseen issues that have arisen on this park project. Most of these
issues had in common the complexities of transforming a more than 70-year-old water utility
facility into a city park. These issues included the detection of:
• Asbestos in the coating of an outbuilding slated to be demolished and removed.
• Asbestos in approximately 440 linear feet of underground abandoned water pipes that
were to be demolished and removed. These pipes had initially been indicated to be steel
pipe.
• Asbestos in approximately 220 linear feet of active underground water lines. These lines
were initially slated to be protected in place, but ultimately had to be abandoned,
demolished and removed
• A discrepancy between the elevation stated in the initial plans and the actual elevation
of several hundred square feet of the concrete base of the reservoir. This base was
initially planned to be protected in place, but ultimately had to be demolished, with the
pulverized concrete redistributed.
Properly addressing these issues and various other relatively minor unforeseen issues has
resulted in additional costs for the project. While a portion of the costs have already been
documented and substantiated by the consultants and contractors on the project to the
satisfaction of city staff and Lennar Homes, other reported costs still require further
documentation and substantiation, and will be further vetted over the next several weeks. City
staff and Lennar Homes conservatively estimate the total potential additional costs for the
project, as of this date, at $316,555, or approximately 10.5% of the total park project budget.
As detailed above, the construction agreement gives the city the option to either amend the
scope of the project to bring the total costs within the project’s budget or identify alternative
funding sources to reimburse Lennar Homes.
To account for these potential additional costs to date, Lennar Homes’ construction
management fee and addressing any remaining unforeseen issues through the completion of
construction, staff is proposing a project contingency of $378,500, or 12.5% of the original
budget for the park project.
Staff recommend the City Council adopt a resolution identifying the Park-in-Lieu Fee Fund-
Northwest as the funding source for reimbursement to Lennar Homes for agreed-to costs
associated with the Buena Vista Reservoir Park project budget and authorizing the
reimbursement in an amount not to exceed $378,500.
Properly addressing these unforeseen issues has also impacted the project’s original
construction schedule; the park is now expected to be operational in the third quarter of 2021.
May 4, 2021 Item #9 Page 4 of 19
Options
Staff provide the following options for the City Council’s consideration:
1. Identify the Park-in-Lieu Fee Fund-Northwest as the funding source for
reimbursement to Lennar Homes for agreed to costs associated with the Buena Vista
Reservoir Park project budget, and authorize such reimbursement, in an amount not
to exceed $378,500.
Pros
• Fulfills many of the requests received during the project’s extensive
public involvement process, which led to the preparation of the park’s
final conceptual design
• Sufficient funding is available in the Park-in-Lieu Fee Fund-Northwest,
with no competing projects currently identified in the Northwest Park
District
Cons
• Funding in the Park-in-Lieu Fee Fund would not be available for other yet-
to-be identified projects in the Northwest Park District
2. Direct staff to amend the scope of the Buena Vista Reservoir Park project to bring
the total costs within the park project budget of $3,028,700, which would require a
reduction in costs of $316,555 as of this date. Achieving these cost savings would
require deleting from the project significant design features that had been planned
for the project, such as the playground and the shade structure over the
playground’s picnic area.
Pros
• Reserves funding in the Park-in-Lieu Fee Fund-Northwest for other yet-
to-be-identified projects in the North West Park District
Cons
• Does not fulfill a portion of the requests received during the project’s
public involvement process, which led to preparation of the final
conceptual design.
• Significant design features that the public expected to be included in the
park, such as the playground and the shade structure over the
playground’s picnic area, would not be constructed.
• Does not account for any remaining unforeseen issues and associated
construction management fee through the completion of construction.
• Retrofitting the park at a later date to add amenities deleted to reduce
the cost of the project would likely result in a higher cost and greater
impact to the public.
Fiscal Analysis
Sufficient funding is available in the Park-in-Lieu Fee Fund-Northwest to reimburse Lennar
Homes for costs agreed to exceeding the Buena Vista Reservoir Park’s project budget in an
amount not to exceed $378,500. This fund currently contains approximately $2,150,000, with
no other projects identified as competing for the funding.
May 4, 2021 Item #9 Page 5 of 19
Next Steps
Staff will act in accordance with the City Council’s direction in supporting Lennar Homes’
pursuit of the project, consistent with the terms of the agreements.
Environmental Evaluation (CEQA)
On Oct. 2, 2019, the Planning Commission approved Conditional Use Permit No. 2018-0023
(Planning Commission Resolution No. 7348) for the construction of a passive park on property
generally located at 1605 Buena Vista Way, in Carlsbad’s Local Facilities Management Zone 1.
On Oct. 10, 2019, the city filed a Notice of Exemption with the County of San Diego, citing a
categorical exemption for the project in accordance with California Environmental Quality Act
Guidelines Section 15332 – In-fill development. The following reasons were specified for the
exemption. The project site:
1) Is less than five acres
2) Has no value as habitat for endangered, rare or threatened species
3) There will be no significant effects associated with the project on the surrounding
urbanized area
4) The site can be adequately served by all required utilities and public services
Public Notification and Outreach
Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
2. City Council staff report, dated Oct. 30, 2018, without exhibits
3. City Council staff report, dated Nov. 17, 2020, without exhibits
May 4, 2021 Item #9 Page 6 of 19
RESOLUTION NO. 2021-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, IDENTIFYING THE PARK IN LIEU FEE FUND — NORTH WEST
AS THE FUNDING SOURCE FOR REIMBURSEMENT TO LENNAR HOMES
FOR AGREED TO COSTS ASSOCIATED WITH THE BUENA VISTA
RESERVOIR PARK PROJECT BUDGET, AND AUTHORIZING SUCH
REIMBURSEMENT IN AN AMOUNT NOT TO EXCEED $378,500
WHEREAS, the City Council received a staff report providing a park planning update on the
Buena Vista Reservoir site on Oct. 30, 2018, and a staff report regarding the naming of the park site on •
Nov. 17, 2020; and
WHEREAS, following direction from the City Council in response to those reports, staff has
continued to support Lennar Homes in the pursuit of this park project, consistent with the terms of the
related settlement and community benefit agreements (Agreements) and has implemented the site
name of Buena Vista Reservoir Park; and
WHEREAS, the Agreements required Lennar Homes to enter into a construction agreement
(Construction Agreement) with the City of Carlsbad 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 of the site; and
WHEREAS, construction of the Buena Vista Reservoir Park by Lennar Homes' contractor began
in November 2020 and the park was expected to be operational in the second quarter of 2021; and
WHEREAS, during the course of construction, several unforeseen issues arose; and
WHEREA, as a result of addressing those unforeseen issues, the project costs are anticipated to
exceed the referenced maximum of $3,028,700, and the park's operation is anticipated to be delayed
until the third quarter of 2021; and
WHEREAS, according to the Section 4 — Park Project Budget, of the Construction Agreement:
May 4, 2021 Item #9 Page 7 of 19
(c) In the event that circumstances change, causing the City and Lennar to agree that the cost
of the Park Project is anticipated to exceed the Park Project Budget, City shall have the
option, in its sole discretion, to either: (1) amend the scope of the Park Project to bring the
total costs within the Park Project Budget; or (2) identify alternative funding sources to
reimburse Lennar for the agreed-to amount over the Park Project Budget needed to
complete the Park Project; and
WHEREAS, a typical standard public works project, such as the development of a municipal park,
would include a project contingency of 10% to 15% percent of the estimated project costs, to account
for addressing unforeseen issues that may arise; and
WHEREAS, the Buena Vista Reservoir project is not a typical standard public works project, in
that the project is being paid for and constructed by a private party, Lennar Homes, and will become a
city park owned by the City of Carlsbad upon its' completion; and
WHEREAS, in the case of the Buena Vista Reservoir project, a typical standard public works
project contingency was not included in the park project budget. Therefore, the costs associated with
addressing unforeseen issues arising on this project must be addressed in another manner; and
WHEREAS, to date, there have been several unforeseen issues that have arisen in the
construction of this park project. Most of these issues had in common the complexities of transforming
a more than 70-year old water utility facility into a city park; and
WHEREAS, properly addressing these issues, and various other relatively minor unforeseen
issues, has resulted in additional costs to the project; and
May 4, 2021 Item #9 Page 8 of 19
WHEREAS, while a portion of the costs have already been documented and substantiated by
the applicable consultants and contractors to the satisfaction of city staff and Lennar Homes, other
reported costs still require further documentation and substantiation, and will be further vetted; and
WHEREAS, to account for the above referenced potential additional costs to date, Lennar
Homes' construction management fee, and addressing any remaining unforeseen issues through
completion of construction, staff is recommending a project contingency of $378,500, or 12.5% of the
original budget for the park project; and
WHEREAS, staff's recommendation is consistent with the extensive input received during the
project's public involvement process, which led to preparation of the final conceptual design; and
WHEREAS, sufficient funding for this contingency is available in the Park in Lieu Fee Fund —
Northwest, with no competing projects currently identified in the Northwest Park District; and
WHEREAS, the City Planner has determined that On Oct. 2, 2019, the Planning Commission
approved Conditional Use Permit No. 2018-0023 (Planning Commission Resolution No. 7348) for the
construction of a passive park on property generally located at 1605 Buena Vista Way, in Local Facilities
Management Zone 1, and on Oct. 10, 2019, the city filed a Notice of Exemption with the County of San
Diego, citing a categorical exemption for the project, per California Environmental Quality Act
Guidelines Section 15332 — In-fill development, and that no exception to the exemption as set forth in
CEQA Guidelines section 15300.2 applies.
/I
I/
I/
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May 4, 2021 Item #9 Page 9 of 19
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the Park in Lieu Fee Fund — Northwest is identified as the funding source for
reimbursement to Lennar Homes for agreed upon costs associated with the Buena
Vista Reservoir Park project budget.
3.That such reimbursement, in an amount not to exceed $378,500, is authorized.
4.That the Deputy City Manager, Administrative Services, or his/her designee is
authorized to appropriate and reimburse Lennar Homes for those costs, in an amount
not to exceed $378,500, from the Park in Lieu Fee Fund — Northwest.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 4th day of May, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
Vsr\IYa-TAtit
BARBARA ENGLESON, Cit
‘`TiPr
Clerk
(SEAL) III
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May 4, 2021 Item #9 Page 10 of 19
Meeting Date
from:
Staff Contact:
Subject
Oct,ober 301 2018
Scott Chadwick, City Manag.er
Kyle Lancaster, Parks Services Manager
kyle.lancaster@carfsbadca.gov or 760-434-2941
Park planning update on the Buena Vista Reservoir site
Recommended Action
EXHIBIT 2
CA Review -J-L
Receive a park planning update on the Buena Vista Reservoir site, and direct staff to continue
supporting Lennar Homes' pursuit ofth1s park project, consistent with the terms of the
Settlement and Community Benefit Agreements.
Executive Summai:y
On March 14, 2017, Settlement and Community Benefit Agreements (Agreements) were
entered into by and between the City of Carlsbad, North County Advocates, Lennar Homes,
Preserve Ca.lavera, Friends of Aviara, and Friends of the Buena Vista Reservoir. The Agreements
obligate Lennar Homes to construct a 3.1 acre neighborhood park, with passive use amenities,
on the Buena Vista Reservoir site -adjacent to the intersection of Buena Vista Way and Adand
Road. The Agreements require Lennar Homes to enter into a construction agreement
(Construction Agreement) with the City of Carlsbad to provide the park improvements at a
maximum cost of $3,028,700, inclusive of all costs associated with the design, public outreach,
permitting, pl'an processing1 and construction of the slte. 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 subdivisfon 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, As such; the park must
be operational by January 25, 2021.
Using the input received through an extensive public involvement process on the Buena Vista
Reservoir site, a final conceptual design of the park was prepared and presented to the public
on September 201 2018, That design has received overwhelmingly favorabte comments.
Lennar Homes' intent is to next: pursue ,:1pproval' of a Conditional Use Permit for this park.
Should the Conditional Use Perm1t 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 contracti�g 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.
October 30, 2018 Item #6 Page 1 of 28 May 4, 2021 Item #9 Page 11 of 19
Discussion
Background
On March 14, 2017, Agreements were entered into by and between the City of Carlsbad, North
County Advocates, Lennar Homes, Preserve Calavern, Fdends of Aviara, and Friends of the
Buena Vista Reservoir. The purpose of the Agreements was to: 1) settle the lawsuit challenging
the city1s certification of the General Plan Environmental Impact Report and approval of the
General Plan Update and Climate Action Plan1 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 condominiun1 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 amenities1 on the Buena Vis:ta 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, permitting1 plan processing1 a11d 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 frorn 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'J 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
managementfee,for the benef(t of Lennar, in on amount not to exceed 8% of actual total
projects costs, as to be more specificaf/y set forth in the Park Construction Agreemetlt,, Upon
completion of such improvements, the City .shall accept the park and its ongoing maintenance ....
4.10 The Pork Construction Agreement shall provide for construction of a new Neighborhood
Park at the Buena Vista Reservoir, which will include passive use amenlties such as, but not
limited to, chifdre111s playground structures, picnic tables, shaded structures, interpretive
s;gnage, dry creek stream beds, mounded turf, drought tolerant landsr;;aping and low level
security fighting, 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 sp.ec1ficatlons
approved by the City. Lennar shall complete construction of the pork improvements such that
October 30, 2018 Item #6 Page 2 of 28 May 4, 2021 Item #9 Page 12 of 19
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 May 4, 2021 Item #9 Page 13 of 19
•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 tea·m, 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 May 4, 2021 Item #9 Page 14 of 19
Fiscal Analysi�
There fs no direct fiscal imp a.ct associated with rece.iving this informational update. City staff
costs associated with the park planning, public involvernent1 and construction m.anagement of
the Buena Vista Reservoir site are being absorbed within the respective departments' existing
operating budgets. Anticip.ated costs for the maintenance and operations of the park wi II be
included in the Parks & Recreation Department's FY 2020-21 operating budget subm1ttal.
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 n1onths 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 Hornes' employees and agents, Although Lennar Homes will be required to adhere to
the city1s standard bidding and contracting practices, the City Council will not be tequired 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 30months from the date of recordation ofa 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 constructlon of the
park iniprovernents is to be completed by January 25, 2021.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, receiving this tnformational 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 cha.nge in the environment, or a
reasonably foreseeable indirect change in the environment, and therefore does not require
environmental review.
Public Notification
Thls item was noticed in accorda,nce 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 time line 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 May 4, 2021 Item #9 Page 15 of 19
Meeting Date: Nov. 17, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Kyle Lancaster, Parks & Recreation Director
kyle.lancaster@carlsbadca.gov, 760-434-2941
Subject: Naming of the Park at the Buena Vista Reservoir Site
Recommended Action
That the City Council:
1)Adopt a resolution naming the park to be constructed on the south side of Buena Vista
Way, between Highland Drive and James Drive, the “Buena Vista Reservoir Park,” or
2)Direct staff to solicit written proposals for naming the park and return to the City
Council for further consideration, or
3)Provide other direction as appropriate.
Executive Summary
The City Council received a staff report providing a park planning update on the Buena Vista
Reservoir site on Oct. 30, 2018 (Exhibit 2). Following direction from the City Council in response
to that report, staff has continued to support Lennar Homes’ pursuit of this park project,
consistent with the terms of the related settlement and community benefit agreements.
Construction of the park by Lennar Homes’ contractor has begun and the park is expected to be
operational in the second quarter of 2021. Before finalizing the design of the park’s entry and
regulatory signage, a park name must be selected. This report on naming the park is before the
City Council in keeping with City Council Policy No. 48 - Naming Rights of Parks, Municipal
Facilities and Amenities Within Those Facilities (Exhibit 3).
Discussion
Background
The City of Carlsbad entered into agreements with North County Advocates, Lennar Homes,
Preserve Calavera, Friends of Aviara and Friends of the Buena Vista Reservoir on March 14,
2017, that obligate Lennar Homes to construct a 3.1-acre neighborhood park with passive use
amenities on the Buena Vista Reservoir site, located on the south side of Buena Vista Way,
between Highland Drive and James Drive.1 These agreements require Lennar Homes to enter
into a separate construction agreement with the city to provide the park improvements,
including all costs associated with the design, public outreach, permitting, plan processing and
construction of the site.
1 The settlement agreements resolved a lawsuit North County Advocates filed against the city in 2015 over the
city’s General Plan and Climate Action Plan.
EXHIBIT 3
May 4, 2021 Item #9 Page 16 of 19
The agreements further specify that Lennar Homes is to complete construction so that the park
is operational no later than 30 months from the date a final subdivision map was recorded, or
the date a grading permit was issued for the Poinsettia 61 Project, whichever is earlier. The city
issued the grading permit for that project on July 25, 2018, so the agreements require the park
to be completed and operational by Jan. 25, 2021. Although construction of the park has begun,
Lennar Homes anticipates the park will not be completed and operational until mid-April 2021.
The name of the park must be chosen before the design of the park’s entry and regulatory
signage can be finalized. Staff is seeking direction on how to proceed, given that it would
require several months to solicit and consider written proposals for the name of the park.
Policy on naming parks
City Council Policy No. 48, Naming Rights of Parks, Municipal Facilities and Amenities Within
Those Facilities, last issued in 2012, provides this guidance on naming a new park:
Background/Intent
• Confirm the practice of naming or renaming parks, designated municipal facilities
and amenities within those facilities, after significant geographical, neighborhood,
cultural and historical elements.
• Promote the practice of naming or renaming parks to include designated municipal
facilities and amenities within a park or municipal facility.
• Recognize substantial personal and financial contributions that individuals, groups or
community organizations have made to the public life and the well-being of the
residents of the city.
Granting of Naming rights
• Naming rights of parks, designated municipal facilities and amenities within those
facilities usually granted in exchange for a significant financial contribution by an
individual, group, community organization, entity, company, corporation or
foundation to the city.
• Memorial or honorific naming of parks, designated municipal facilities and amenities
within those facilities in memory or honor of outstanding achievement, meritorious
service or exceptional community involvement on the behalf of an individual,
generally without a financial contribution to the city.
Policy
Names of individuals, groups, community organizations, entities, companies, corporations or
foundations will be considered when they have made a significant contribution to the city by:
• Enhancing the quality of life and well-being of the city and a majority of its residents.
• Contributing to the historical or cultural preservation of the city.
• Contributing toward the acquisition, development or conveyance of land or building
to the city.
• A direct relationship or association that exists between a former place of residence
of the person and the parks, designated facilities and amenities within those
designated facilities to be named.
May 4, 2021 Item #9 Page 17 of 19
General criteria for naming rights (including memorial or honorific naming):
• Must be consistent with personal or financial contribution level.
• Provides a sense of place, continuity and belonging reflecting the geographic
location, community, neighborhood or street where the park, municipal facility or
amenity within the facility is located.
• Recognizes the natural, historical and/or cultural significance of the area.
• Reflects the unique characteristics of the site.
• Consistent with the mission, vision and values of the city.
The policy also identifies additional criteria for memorial or honorific naming, factors to be
considered where the naming rights opportunity is the result of a financial contribution and
conditions by which certain names will not be chosen. The policy further describes the naming
rights and memorial or honorific naming agreement and the procedure for preparation and
review of written proposals for naming rights and memorial or honorific naming.
Buena Vista Reservoir site
The city owns the 3.1-acre property of the Buena Vista Reservoir site, which, as noted above, is
located on the south side of Buena Vista Way, between Highland Drive and James Drive. The
reservoir was built by the Carlsbad Mutual Water Company before the city’s incorporation. By
the time the property was transferred to the city in the late 1950s, the reservoir was no longer
functional. In 2014, staff proposed to sell the property to a private entity, which would have
likely pursued a housing development. At that time, several residents expressed their vision for
the property to be transformed into a small neighborhood park. The construction of the park
was subsequently incorporated into the agreements noted above.
Although the concrete shell that formed the reservoir will be demolished as part of the park’s
construction, an existing water tank at the front of the site will be refurbished to serve as a park
entry sign. A water utility pump station at the northeast corner of the site, currently managed
by the Carlsbad Municipal Water District, will be protected as part of the construction of the
park and will continue to function indefinitely.
The City Council is being presented with three options:
1) Adopt a resolution naming the park the “Buena Vista Reservoir Park,” or
2) Direct staff to solicit written proposals for naming the park and return to City Council for
further consideration, or
3) Provide other direction as appropriate.
The Parks & Recreation Commission will receive a staff report on this item at its regularly
scheduled meeting on Nov. 16, 2020. At that time, the commission will be asked to advise staff
which of these three options it recommends for City Council action.
Fiscal Analysis
There is no direct fiscal impact associated with this staff report.
Next Steps
Staff will act in accordance with the City Council’s direction.
May 4, 2021 Item #9 Page 18 of 19
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council Resolution
2. City Council staff report, dated Oct. 30, 2018, without exhibits
3. City Council Policy No. 48, dated March 13, 2012
May 4, 2021 Item #9 Page 19 of 19