REPORT TO COUNCIL
SUBJECT
Title
Action to Waive Second Reading and Adopt Ordinance No. 2047 Approving the Westwood Oaks Park Master Plan Update and Preferred Playground Schematic Design, in Accordance with City Charter Section 714.1
Report
BACKGROUND
At the April 19, 2022 Council meeting, proposed Ordinance No. 2047 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2047 was published to the Santa Clara Weekly on May 18, 2022, and copies were posted in three public places.
Proposed Ordinance No. 2047 would approve the Westwood Oaks Park Master Plan Update and Preferred Playground Schematic Design, in accordance with City Charter Section 714.1.
DISCUSSION
The approval of an update to the Westwood Oaks Site Plan may be subject to Measure R. In November 2016, voters passed Measure R, which added Section 714.1 Protection of Parkland and Public Open Space to the City Charter. Measure R prohibits selling, leasing, or otherwise disposing of parkland for a period of one hundred eighty (180) days or more, and also prohibits its use from changing, being abandoned, or discontinued without such sale, lease, disposal or changed use having first been authorized or ratified by a two-thirds majority vote of the electorate during a general municipal election for that purpose. Measure R also prohibits changes in park use for over 180 days without a majority vote of the electorate and substantial building, construction, reconstruction, or development upon dedicated parkland except pursuant to ordinance subject to referendum. The referendum process is set forth in the Elections Code.
The Westwood Oaks Park Master Plan Update and the proposed Playground Schematic Design, if approved, will include changes to the existing park that may be considered as “substantial building, construction, reconstruction, or development.” The approval of the proposed site Master Plan, Playground Schematic Design, and any subsequent park rehabilitation of the restroom and recreation building will require an ordinance in order to comply with Measure R. It does not include a sale, lease, disposal, or change in use requiring a majority vote of the electorate. Therefore, staff recommends that the Council approve the Westwood Oaks Master Plan Update, preferred Playground Schematic Design and introduce an ordinance to ensure compliance with Measure R. The ordinance will be introduced tonight and return to Council at a second meeting for adoption in accordance with City Charter sections 808 and 812.
ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of the CEQA Guidelines:
• Section 15302 (Class 2 - Replacement or Reconstruction), in that the project would replace and reconstruct existing facilities on the same site and with substantially the same purpose and capacity as the structure replaced. The proposal would replace the existing loop path and site paving, which is in a degraded condition, with a new loop path and paving of equivalent capacity. In addition, the proposal would repair and renovate the existing half basketball court without expanding its capacity.
• Section 15303 (Class 3 - New Construction or Conversion of Small Structures), in that the project will construct limited numbers of new, small facilities or structures and equipment. The proposal would expand the existing playground area by approximately 3,000 square feet and put new playground equipment in the existing park.
• Section 15304 (Class 4 - Minor Alterations to Land), and 15304(b) (Class 4(b) - replacement of existing landscaping with water efficient landscaping), in that the project would make minor alterations in the condition of land, water and/or vegetation which do not involve the removal of healthy, mature scenic trees, and would include the replacement of existing conventional landscaping with water efficient landscaping. The proposal would remove the unhealthy eucalyptus trees, and entry trees, that have structural issues and present safety concerns and replace them with drought-tolerant species.
• Section 15311 (Class 11 - Accessory Structures), in that the project would construct or replace minor structures accessory to existing commercial, industrial, or institutional facilities (including publicly owned parks). The project would replace existing playground equipment and construct new playground equipment at the existing park. In a future phase, the project would construct or replace the existing restroom and recreation room to meet ADA Code and program requirements.
• Section 15269(c), actions taken to prevent or mitigate an emergency. Several of the trees onsite are in a compromised structural condition, and numerous limbs have already fallen from those trees. The immediate removal of the trees is necessary for public health, safety, and welfare.
FISCAL IMPACT
The Capital Improvement Project budget for FY2021/22 includes an allocation in the amount of $1,149,800 for Project 3136 Westwood Oaks Park Playground Rehabilitation. The Project Phase 1 scope’s budget in the amount of $92,819 included community input, survey, Master Plan Update and development of the preferred Playground Schematic Design. The Project Phase 2 scope’s budget in the amount of $1,056,981 will include design development, public bid, construction, project administration, permitting including mobilization, general conditions, bonding, escalation, insurance, and City Project administration, based upon the approved Playground Schematic Design.
The preferred Playground Schematic Design (Attachment 2) base bid project elements are within the estimated construction budget of $641,981, with a budget contingency of $51,359 (8%) and construction contingency of $96,297 (15%) for total in the amount of $850,625. Given the current environment of supply constraints, labor and construction cost escalation, several of the aged park assets and infrastructure identified for renewal and replacement at Westwood Oaks Park have been placed onto an “add/alternate” list including the play berm, arch swing, planting area, picnic tables, loop pathway and basketball court. This add/alternate scope will be included in the Project only if construction bids are less than engineer’s estimate, or additional funds estimated at this time to be in the amount of approximately $1M are allocated at time of construction award. If unfunded, the design elements will be left for a future phase of park rehabilitation along with renovation of the restroom and recreation building. Westwood Oaks Park maintenance and operations activities are included in the Parks & Recreation Department’s operating budget.
COORDINATION
This Ordinance was coordinated with the City Manager’s Office.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2047 was published to the Santa Clara Weekly on May 18, 2022, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive Second Reading and Adopt Ordinance No. 2047 Approving the Westwood Oaks Park Master Plan Update and Preferred Playground Schematic Design, in Accordance with City Charter Section 714.1.
Staff
Reviewed by: James Sanchez, Interim City Attorney
Approved by: Rajeev Batra, City Manager
ATTACHMENTS
1. Ordinance