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HomeMy WebLinkAboutItem 8.2 DUSD Community Park MOU 19� 82 STAFF REPORT CITY CLERK CITY COUNCIL File #600-40 O`�LIFOU�� DATE: February 17, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager J SUBJECT: Approval of Memorandum of Understanding (MOU) between the City of Dublin and the Dublin Unified School District (DUSD), and Initiation of General Plan and Eastern Dublin Specific Plan Amendment Study, and Other Required Entitlements, to Allow Use of Approximately 10 acres of Property Currently Designated as Parks/Public Recreation (Community Park) for Both School and Park Purposes Prepared by Linda Smith, Assistant City Manager EXECUTIVE SUMMARY: The City Council will consider a Memorandum of Understanding (MOU) between the City of Dublin and DUSD to help DUSD obtain the rights to a site to build a school, at minimal cost, while maintaining the ability of the public to use the site for parks and recreation programs and services. To facilitate the transaction contemplated by the MOU, the City Council will also consider directing Staff to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study, and other required entitlements, to allow use of approximately 10 acres of property currently designated as Parks/Public Recreation (Community Park) for both school and park purposes. FINANCIAL IMPACT: All costs associated with preparing the General Plan and Specific Plan Amendment Study, and other required entitlements, if authorized by the City Council, would be borne by the Jordan Ranch Developer, Mission Valley Properties. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Approving the Memorandum of Understanding between the City of Dublin and the Dublin Unified School District to obtain the rights to a site to build a school while maintaining the ability of the public to use the site for parks and recreation programs and services; and approving the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study, and other required entitlements, to consider allowing the use of approximately 10 acres of property currently designated as Parks/Public Recreation (Community Park) for both school and park purposes. Page 1 of 4 ITEM NO. 8.2 DESCRIPTION: The City and DUSD have discussed a proposal that involves land currently designated as a Parks/Public Recreation (Community Park) for a joint use school and park site ("New School/Park Site") and the development of a site currently dual-designated for school and residential purposes for residential use ("Existing Reserved School Site"), within the Jordan Ranch project area ("Project Area"). The project site is shown in the Vicinity Map below: Figure 1: Project Vicinity r •1• -- / + �I III ', _ �i •S• � �� Existing C. • -' Reserved { I / w_`,•: ,� School Site New School/Park Site j �rT- - 1�I, '. — The New School/Park Site currently has a General Plan land use designation of Parks/Public Recreation. Staff is requesting that the City Council consider a General Plan and Eastern Dublin Specific Plan Amendment Study to evaluate changing the land use designation from Parks/Public Recreation to a land designation allowing both school and park purposes, specifically for the construction of a school. DUSD is interested in the New School/Park Site because of its need for additional school facilities and its lack of funds at this time, or any prospective funding from the State, to purchase the Existing Reserved School Site within the Project Area. It believes the New School/Park Site is a suitable alternative location. The City's General Plan currently designates the New School/Park Site as Parks/Public Recreation. The associated land use change would re-designate the New School/Park Site for Page 2 of 4 both school and park purposes. The actual acreage of the re-designation will be determined upon the completion of a school development plan by DUSD for the New School/Park Site. It is the intention of the City and DUSD that certain joint use facilities be located on the Park/Public Recreation lands. The re-designation would create a deficit in parkland acreage in Eastern Dublin. Separately, Staff will be working with an adjacent developer to acquire the necessary parkland to eliminate the deficit. Memorandum of Understanding The City of Dublin and DUSD wish to enter into a MOU setting forth the parties' obligations regarding the proposed transaction. The end result of the transaction would be to place a school on the New School/Park Site rather than the Existing Reserved School Site. If that occurs, the developer's current entitlements permit it to construct residential units on the Existing Reserved School Site. The City is separately negotiating with the developer to facilitate the transaction. The purpose of the MOU is intended to set out in general terms the agreements to be negotiated between the City and DUSD on the following: 1 . A long-term, as-is, ground lease whereby DUSD will lease the New School/Park Site from the City for a nominal sum to allow for construction of a school and joint use facilities; 2. Construction of school and joint use facilities on the leased land by DUSD; and 3. Execution of a joint use agreement granting the City access to joint use facilities under certain terms and conditions. A draft Resolution approving the MOU and General Plan/Specific Plan Amendment Study is attached to this Staff Report for City Council consideration (Attachment 1). General Plan/Eastern Dublin Specific Plan Amendment Study A General Plan and Eastern Dublin Specific Plan Amendment, and other required entitlements, are necessary to allow use of approximately 10 acres of property currently designated as Parks/Public Recreation for both school and park purposes. If the City Council initiates the General Plan/Eastern Dublin Specific Plan Amendment Study, Staff would then: 1 . Evaluate the proposed land plan; 2. Evaluate any associated environmental impacts from the land use change such as traffic, noise or view impacts, and prepare the appropriate environmental documents; 3. Perform any additional studies that may be required; and 4. Prepare a project analysis for consideration by the Planning Commission and the City Council. Staff would then present the Planning Commission with the proposed General Plan and Eastern Dublin Specific Plan amendments for recommendation to the City Council. The City Council then could take action on the General Plan and Eastern Dublin Specific Plan Amendment. Page 3 of 4 A draft Resolution approving the MOU and initiation of a General Plan/Specific Plan Amendment Study is attached to this Staff Report for City Council consideration (Attachment 1). A General Plan Amendment Study Status Report is also attached to this Staff Report (Attachment 2). NOTICING REQUIREMENTS/PUBLIC OUTREACH: Although a public notice is not required to review a request to enter into a Memorandum of Understanding and to initiate a General Plan/Specific Plan Amendment Study, and other required entitlements, the City mailed notices to all property owners and tenants within 300 feet of the subject property, including people who have not yet moved into the adjacent new home community but are under contract to purchase. A public notice was published in the Valley Times and posted in the designated posting places. A copy of this Staff Report was distributed to the Project Proponent. ENVIRONMENTAL REVIEW: The MOU is not a project under the California Environmental Quality Act (CEQA), because it does not impose any commitment or binding obligation on the City to grant any approvals or authorizations and later City actions taken pursuant to the MOU would be subject to CEQA environmental review as applicable. The initiation of the General Plan and Eastern Dublin Specific Plan Amendment Study have been reviewed in accordance with the provisions of CEQA, and were found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines (Information Collection). ATTACHMENTS: 1 . Resolution Approving Memorandum of Understanding between the City of Dublin and the Dublin Unified School District, and Directing Staff to Initiate General Plan and Eastern Dublin Specific Plan Amendment Study, and Other Required Entitlements, to Allow Use of Approximately 10 acres of Property Currently Designated as Parks/Public Recreation (Community Park) for Both School and Park Purposes 2. General Plan Amendment Study Status Report Page 4 of 4 RESOLUTION NO. XX- 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT, AND DIRECTING STAFF TO INITIATE GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY, AND OTHER REQUIRED ENTITLEMENTS, TO ALLOW USE OF APPROXIMATELY 10 ACRES OF PROPERTY CURRENTLY DESIGNATED AS PARKS/PUBLIC RECREATION (COMMUNITY PARK) FOR BOTH SCHOOL AND PARK PURPOSES WHEREAS, the City Council was asked to consider a Memorandum of Understanding (MOU) between the City of Dublin and the Dublin Unified School District (DUSD) to help DUSD obtain the rights to a site to build a school while maintaining the ability of the public to use the site for parks and recreation programs and services; and WHEREAS, the purpose of the MOU is intended to set out in general terms the agreements to be negotiated between the City and DUSD on the following: 1. A long-term, as-is, ground lease whereby DUSD will lease the New School/Park Site from the City for a nominal sum for construction of a school and joint use facilities; 2. Construction of school and joint use facilities on the leased land by DUSD, and Execution of a joint use agreement granting the City access to joint use facilities under certain terms and conditions; and WHEREAS, the City and DUSD discussed a proposal that involves re-designating land currently designated as a Parks/Public Recreation (Community Park) for a joint use school and park site ("New School/Park Site") and the development of a site currently dual-designated for school and residential purposes for residential use ("Existing Reserved School Site"), within the Jordan Ranch project area ("Project Area"); and WHEREAS, to facilitate the transaction contemplated by the MOU, the City Council was asked to consider directing Staff to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study, and other required entitlements, to allow use of approximately 10 acres of property currently designated as Parks/Public Recreation (Community Park) for both school and park purposes; and WHEREAS, the MOU is not a project under the California Environmental Quality Act (CEQA), because it does not impose any commitment or binding obligation on the City to grant any approvals or authorizations and later City actions taken pursuant to the MOU would be subject to CEQA environmental review as applicable. The initiation of the General Plan and Eastern Dublin Specific Plan Amendment Study have been reviewed in accordance with the provisions of the CEQA, and were found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines (Information Collection); and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and supports the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Memorandum of Understanding (MOU), attached hereto as Exhibit A, between the City of Dublin and the Dublin Unified School District (DUSD) to help DUSD obtain the rights to a site to build a school while maintaining the ability of the public to use the site for parks and recreation programs and services. BE IT FURTHER RESOLVED that the City Council hereby directs Staff to initiate a General Plan and Eastern Dublin Specific Plan Amendment Study and other required entitlements, to evaluate a proposed land use change to allow use of approximately 10 acres of property currently designated as Parks/Public Recreation (Community Park) for both school and park purposes. PASSED, APPROVED AND ADOPTED this 17th day of February 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2396525.1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") dated February 17, 2015 ("Effective Date"), is entered into by and between the City of Dublin (the "City") and the Dublin Unified School District ("DUSD"). The City and DUSD are each individually referred to as a"Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the City, DUSD, and the property owners have had preliminary discussions regarding a proposal that involves the use of land currently designated as a community park for a joint use school and park site ("New School/Park Site") and the development of a site currently dual-designated for school and residential purposes for residential use ("Existing Reserved School Site"), within the Jordan Ranch Project area("Project"), both of which are shown in Exhibit "A" attached to this MOU (the "Proposal"); and WHEREAS, DUSD is interested in this proposal because it does not have sufficient funds at this time to purchase the Existing Reserved School Site within the Project and believes the New School/Park Site is a suitable alternative location; and WHEREAS, the City is interested in this proposal in order to help DUSD obtain rights to the New School/Park Site to build a school in the Project, while at the same time maintaining the ability of the public to use portions of the New School/Park Site for recreational, performing arts, and park purposes; and WHEREAS, the City recently acknowledged the adverse effect of the lack of State bond funding for new school facilities, and joined DUSD in calling upon state legislators and the Governor to act to assist DUSD in mitigating the impact of new development, by adoption of City Council Resolution No. 175-14 on October 21, 2014; and WHEREAS, effectuation of the Proposal would require a definitive agreement between the Parties, and a separate agreement between the City and the developer of the Project ("Developer") since the Project has vested rights under a development agreement and the Proposal would involve amendments to existing Project entitlements and new entitlements, in addition to a range of other issues; and WHEREAS, the Parties are interested in working together in good faith to take steps needed to effectuate this Proposal; and WHEREAS, the Parties now wish to enter into a memorandum of understanding to bring clarity to their joint commitment and to set out in general terms the various roles each Party will play and actions that need to be taken to effectuate the Proposal; and WHEREAS, the terms and responsibilities set forth in this MOU are not intended to be binding on the Parties until approval by the Parties of subsequent and more definitive agreements,if any (the "Definitive Agreements"), with respect to the matters set forth herein, but shall serve to guide the Parties in reaching Definitive Agreements. NOW THEREFORE, the Parties hereby agree as follows: Section 1. Purpose of this MOU. This MOU is an expression of a preliminary basis for negotiations in an effort to reach Definitive Agreements concerning the following, among others: 1) A long-term, as-is, ground lease whereby City will lease to DUSD and DUSD will lease from the City the New School/Park Site for a nominal sum for construction of a school and joint use facilities (the "Lease Agreement"); 2) Construction of school and joint use facilities on the leased land by DUSD; and 3) Execution of a joint use agreement granting the City access to joint use facilities under certain terms and conditions. Section 2. Good Faith Efforts to Negotiate. The Parties shall use their best reasonable efforts to successfully negotiate one or several Definitive Agreements that will describe the terms and conditions for executing and implementing the Proposal. The Parties shall diligently and in good faith pursue such negotiations. Furthermore, the Parties shall use their best reasonable efforts to obtain any third-party consent, authorization, approval, and exemptions required in connection with the transactions contemplated hereby, including, but not limited to, negotiations with Developer. This MOU does not impose any binding obligation on the Parties to grant any approvals or authorizations, nor does it obligate the Parties to agree to any specific terms or obligations in future Definitive Agreements. Section 3. Terms. The negotiations hereunder shall be based on the following general principles and responsibilities: A. Upon completion of the following contingencies, City and DUSD will execute the Lease Agreement whereby DUSD leases from the City the New School/Park Site for a nominal sum, equal to $1 per year, subject to further negotiation. 1. City will process and consider applications for any planning, zoning and other City approvals, including any associated CEQA review, in accordance with all legal requirements and standards, to allow the development of a school and joint use City and DUSD park facilities on the New School/Park Site. Upon approval of this MOU, the City will initiate processing any required General Plan Amendments. 2. City will facilitate dedication of the New School/Park Site by Developer to the City for public purposes. 3. City will consider and process, in accordance with all legal requirements, an application to allow the development of residential use on the Existing Reserved School Site. 4. The City's obligation to take final action on Items 1-3, above, is contingent upon the following: a. DUSD providing City with written confirmation demonstrating California Department of Education and DUSD Board approval of the use of the New School/Park Site as a school site. MOU with City for Joint Use 2 SF 761853v1 b. DUSD providing City with written confirmation from the DUSD Board of sources and availability of adequate financing, as well as project schedule, to construct the proposed school, including joint use facilities. 5. DUSD shall consult City on design matters during the school facilities design process to ensure that the facilities being proposed meet the needs of both DUSD and the City. 6. City and DUSD will collaborate during the design process to create a list of school and park facilities that will be developed and available for joint use between City and DUSD. B. The Lease Agreement will require the following: 1. DUSD will construct a school and joint use park facilities on the New School/Park Site. 2. DUSD will maintain, once constructed, all joint use facilities to an agreed upon level of service between the City and DUSD. 3. DUSD will allow the City to reserve the Dublin High School Center for Performing Arts and Education for use by local and community groups for an agreed-upon number of days annually. 4. City and DUSD will enter into a joint use agreement for use of certain facilities and areas located on the New School/Park Site by the City and its residents. C. The City and DUSD will, separately from the Lease Agreement negotiations, enter into good faith negotiations on amending the existing master joint use agreement to include additional schools in the Eastern Dublin area. Section 4. No Obligation to Proceed. Nothing in this MOU creates a binding obligation unless and until the Parties enter into the Definitive Agreement(s). Each Party expressly acknowledges and agrees that this MOU creates no obligation on the part of any Party except for each Party to continue negotiations in good faith to effectuate the Proposal and to use its best reasonable efforts to effectuate the terms of this MOU. Further, the Parties expressly acknowledge and agree that this MOU does not commit the City to any planning, zoning or other City approvals needed to implement the intent of this MOU, and all City actions will be subject to the further discretionary action by the City in compliance with all applicable legal requirements. Section 5. Counterparts. This MOU may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one instrument. Section 6. Execution of Definitive Agreements. If the Parties successfully negotiate one or several Definitive Agreements, the Parties shall recommend approval of said Definitive Agreements to their respective governing bodies. No Party shall have any legal obligation to MOU with City for Joint Use 3 SF 761853v1 grant any approvals or authorizations until a Definitive Agreement has been approved by their respective governing bodies. Section 7. Term. The provisions of this MOU shall expire 1 year from the Effective Date of this MOU, but may be extended by mutual written consent of the Parties if needed. This MOU may be terminated at any time by delivery of written notice by either Party to the other Party. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding, effective as of the date first written above. CITY OF DUBLIN By: David Haubert, Mayor DUBLIN UNIFIED SCHOOL DISTRICT By: Amy Miller, Board President 2397011.2 MOU with City for Joint Use 4 SF 761853v1 Exhibit "A" (Location of the New School/Park Site and Existing Reserved School Site) ,f f44(1 664- •OdTLT( 4 o f ,_ /',4.5'.1t, :.'l."455$::::7:1:275.B4,Vca;;'-13•1202iNZ4043.* 4/ - / -T,,I` �" -..,,L.-- � .,' �If 0.. .cam - i �•.• \ 2dC 5Q0,1..,e, t` �,/ 440 r \!�� a C GQ,��pp�a!rgQ� / 6`0 4Qpo 6 1 ` . \. �v ., .o oC�b�� dp1 op ;�� , a44oa;Ii .eo 1 t ��' D 11aOQ � �) I d iit `•' _q+' CZ� inzeht,., :7 VP_.. ∎V a4�Q . .:a;, i - )1)- ' _ + tC�=41? 444.4 *0P 444$ i . l' 4Qo4''+�p400 .,v Hof Existing I t • / 0440 4;p4 ,� tit Reserved j .4.,. /' d 4 -a;� =tit School Site it � Ai';,.*: :* M� '7'QQ �� :4 o o i G I On r �� i fi ' :1 7 • 'y 'A f � �^ J � i Q �. � rti + :] !'::� r :. i+ ; $."4 0 \\ \'c\ I U r y r, am f � > ... 77' I . i _i . 'LI 1:11 ": I � 1 IJ^ •,� :_�_- ' -1 14 !�V• — ',/ — Mc Gs r /� " ' \' • • i) New School/Park Site l jai r _ f.._ .- -,---- +rfs � 2392617.1 MOU with City for Joint Use 5 SF 761853y1 Active General Plan Amendment Study-Status Report Updated through February 4,2015 Councll Interim DUSO" Est.council Project Name Project Description Status Plnr Initiation Imerlm stuffy Harris Study CC Consult Hearing Date:. 4 Date , Date........1 Date , 1 Green @ Park Place GPA/SPA,PD Rezone,Site 9/17/13:CC Study Session to review Fiscal Analysis. KB 2/5/13 1.Fiscal analysis: 1.9/17/13 9/25/13& 4/21/15 Development Review,Map,SEIR and 7/15/14:CC Study Session to review project design. 2.DUSD impacts. 2.7/15/14 12/2/13 Development Agreement for 8/26/14:PC recommended project approval. development of approximately 40,000 9/16/14:Applicant pulled item from CC agenda. s.f.of retail and 372 attached residential 11/4/15:CC took public testimony and continued units. item to 2/3/15. 2/3/15:CC granted applicant request to continue 2 Kaiser Dublin GPA/SPA,PD Rezone,Site Contract with CEQA consultant initiated.Project KB 10/7/14 Staff to identify key issues and TBD n/a Winter Development Review,Map,EIR and description complete.CEQA seeping meeting held bring them forward as 2015/2016 Development Agreement for a medical on 1/22/15.CEQA Initial Study and related technical identified during study campus with up to 950,000 of medical analysis are underway. process. related uses and up to 250,000 of 3 Promenade GPA,SPA,PD Rezone to convert Preliminary conversations with the applicant.City MP 10/15/13 1.Land use&density TBD TBD TBD mixed use site to residential. Council directed that Commercial Development 2.Circulation&connectivity: Task Force shall be the community outreach 3.Timing of com.dev: component of Council direction.Applicant working to 4.Project interface w/ further define the project. surroundings: 5.Review retail supply/ demand study: 6.Fiscal impacts: 7.DUSD impacts: 8.Retail stdy&prioritize sites: 9.Community outreach. 4 Schaefer Ranch Unit 3 GPA,PD Rezone,and Vesting DUSD did not raise concerns about the project. MP 2/7/12 1.DUSD impacts. n/a 9/25/13& Winter 2015 Tentative Map to change land use from Applicant working to address existing access 12/2/13 Open Space and Estate Residential to easements that run through project site to benefit of Single Family Residential. adjacent property owners.Preparing CEQA Addendum and final project details Public Hearings. H*Clty initiated amendment.