REPORT TO COUNCIL
SUBJECT
Title
Action on the Waiver of the First Reading and Introduction of an Ordinance Approving the Westwood Oaks Park Master Plan Update and Preferred Playground Schematic Design, in Accordance with City Charter Section 714.1
Report
COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets
BACKGROUND
Westwood Oaks Park (Park), located at 460 La Herran Drive, was dedicated in 1961. The 1.75-acre neighborhood Park is bounded by La Herran Drive to the east and residential properties to the south, west and north. The existing Park contains a playground, perimeter pathway, open grass area, recreation building, restrooms, basketball court, picnic area with BBQ, landscaping and various park amenities.
Since 2014, the City has prioritized rehabilitation of older playgrounds to meet the Americans with Disabilities Act (ADA) and Consumer Product Safety Commission (CPSC) requirements, and improvement to meet new needs and funding guidelines. In 2017, the City’s Facility Condition Assessment (Kitchell CEM) indicated that the current Park site and playground were in “critical” condition and the Park building was in “poor” condition. In the FY2021/22 Capital Improvement Project budget, funding in the amount of $1,149,800 was allocated to Project 3136 Westwood Oaks Park Playground Rehabilitation Project (Project).
In July 2021, the City approved a contract in the amount of $92,817 with Gates and Associates, Inc. (Consultant) to complete Project Phase 1 design work to complete a site assessment, develop a park-site Master Plan update, and solicit community input on the park update and preferred playground schematic design.
At the September 2021 Parks & Recreation Commission Meeting, the Consultant introduced the existing Park site conditions and the Project scope. The Commission reviewed the Project design principles which included: (a) understanding the current Park use, (b) implementing research based best practices for play and inclusionary/universal design, (c) accommodating additional community use, (d) addressing asset lifecycle maintenance and cost considerations, (e) supporting the City’s sustainable and age-friendly facilities goals, (f) addressing adjacent property owner and street concerns where feasible, and (g) complying with potential playground equipment grant guidelines.
Community Input
On September 25, 2021 a community workshop was held at Westwood Oaks Park attended by over 50 persons which focused on the Park use, needs and possible playground themes. An online survey conducted from September 22 through October 11, 2021 had 226 completed responses which provided over 11.3 hours of public comment. The top three Park elements used by the public are the loop path, play area, and quiet seating areas. The majority of respondents thought it was very important/important to renovate the playground (77%), to maintain the grass meadow (74%), to repair the loop path (66%), to upgrade the drinking fountain (58%), and to improve park lighting (55%), while a strong majority (66%) was very opposed/opposed to converting the basketball court into a pickleball court or another use. The public preferred a “tree house” themed play area.
At the November 2021 Commission Meeting, the Consultant reviewed the public input and presented the draft Westwood Oaks Park Master Plan Update. The presentation included three playground design options that meet the City Parks & Recreation Department’s design criteria, code compliance requirements, and the public input preferences. The Commission deferred making a recommendation to allow for further consideration and discussion of the play apparatus and elements offered by the three playground options.
Given the current environment of cost escalation and limited funding, several initially considered project items identified for renewal and replacement in the overall Park Master Plan Update (Attachment 1- slide 6) were placed on an “add/alternate list” for inclusion at bid award based on identification and allocation of additional funding. These include the play berm, arch swing, new planting areas, picnic tables, loop pathway and basketball court repair (Attachment 1 - slide 10). Other Park amenities, such as the restroom and recreation room renovation will be included in a future park renovation project, which is beyond the scope and funding allocated to the playground rehabilitation project (see Attachment 1 - slide 11).
DISCUSSION
At the January 18, 2022 Commission Meeting, the Consultant provided the Commission with a detailed presentation comparing the features of three playground options that meet the project design principles and address the community input. The Commission preferred playground Option 3. The Commission unanimously recommended that Council approve the Westwood Oaks Master Plan Update and Preferred Playground Schematic Design (Attachment 1), and the Measure R Draft Ordinance (Attachment 2).
Measure R Compliance
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 3000 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 Project is being coordinated with the Department of Public Works, City Attorney’s Office, Finance Department and the Parks & Recreation Department.
PUBLIC CONTACT
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 first reading and introduce an ordinance approving the Westwood Oaks Park Master Plan Update and the preferred Playground Schematic Design in accordance with City Charter Section 714.
Staff
Reviewed by: James Teixeira, Director of Parks & Recreation
Approved by: Cynthia Bojorquez, Assistant City Manager
ATTACHMENTS
1. Westwood Oaks Master Plan Update and Preferred Playground Schematic Design
2. Measure R Draft Ordinance