HomeMy WebLinkAboutItem 7.2 - 2100 Update on MOU with Valley Children's Museum
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STAFF REPORT
CITY COUNCIL
DATE: July 17, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Consideration of Extending the Memorandum of Understanding for Valley
Children's Museum Potential Use of a portion of Don Biddle Community Park
Prepared by: ColleenTribby, Director of Administrative Services / Interim Parks &
Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider a request from Valley Children’s Museum to extend the
Memorandum of Understanding between the City of Dublin and Valley Children’s
Museum from July 1, 2018 to December 31, 2019.
STAFF RECOMMENDATION:
Receive the report and provide Staff direction on extending the Memorandum of
Understanding.
FINANCIAL IMPACT:
There is no financial impact associated with receiving this information.
DESCRIPTION:
On August 15, 2017, the Dublin City Council approved a Memorandum of
Understanding (MOU) between the City of Dublin and Valley Children’s Museum. The
MOU (included in Attachment 1), which had an expiration date of July 1, 2018,
encompassed several terms and conditions including:
“VCM to raise no less than $1,500,000 of donation commitments prior to July 1,
2018 to enable the design and construction of the Museum to proceed. If VCM
fails to meet this obligation, the City shall have no further obligation to continue
negotiating with VCM with respect to the siting of the Museum in the Dublin
Crossing (now called Don Biddle) Community Park.”
Staff requested a meeting with VCM officials to discuss the progress of the fundraising
campaign. The meeting with City Staff and VCM officials occurred on Tuesday, June
19, 2018. During that meeting, Staff was notified that VCM would be unable to meet the
above-mentioned condition, and that VCM would be requesting the City Council’s
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consideration to extend that date to December 2019. The request from VCM has been
included to this report (Attachment 2).
Work remains ongoing towards the development of Don Biddle Community Park. The
park developer has completed design documents and will put the project out to bid
potentially by the end of 2018. It is expected that the construction of the park will begin
by early 2019, and completion timing is dependent on project phasing. Per the current
construction documents, the potential VCM site includes minimal improvements, such
as turf and a walkway, or a plaza option, until a final decision on VCM’s future is made.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. August 2017 Staff Report and Attachments
2. Letter Request from Valley Children's Museum for Time Extension
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9 ��* STAFF REPORT
r CITY COUNCIL
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DATE: August 15, 2017
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Memorandum of Understanding with Valley Children's Museum
Prepared by: James Rodems, Parks and Community Services Director
EXECUTIVE SUMMARY:
The City Council will consider a Memorandum of Understanding (MOU) between the
City of Dublin and the Valley Children's Museum regarding the development timeline for
a potential Museum on the Dublin Crossing Park project site.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Memorandum of Understanding between the City
of Dublin and the Valley Children's Museum.
FINANCIAL IMPACT:
No financial Impact is associated with the execution of the Memorandum of
Understanding. With respect to the proposed project, it Is expected that the Valley
Children's Museum will be responsible for all development costs of their 25,000 square -
foot pad, correlating adjacent areas and any expansion of parking surfaces required for
their project. City has not budgeted any additional improvements for this project. If the
City Council wishes to fund additional improvements these costs would need to be
encumbered out of the General Fund.
DESCRIPTION:
Backaround
On April 18, 2006, the City Council discussed the concept for the Valley Children's
Museum to locate a future facility within the Dublin Crossing Park development. This
concept remained through the approval of the Dublin Crossing Park Master Plan.
In August 2016, a preliminary presentation on the conceptual phase of the Dublin
Crossing Community Park was presented to the Parks and Community Services
Commission for review and comment. Multiple concepts for certain areas of the park
were presented as options to be considered.
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Based on the review of this concept, the Commission questioned whether the Valley
Children's Museum facility might be better suited on another site in order to
accommodate this concept. There was no opposition to the Valley Children's Museum
project just a request to review placement at this location /site.
At the November 15, 2016 City Council meeting, the Valley Children's Museum made a
presentation regarding their readiness to finance and develop a facility that could be
placed on the site in conjunction with the park development timeline.
In order to not delay the development of the complete community park, the City Council
directed Staff to prepare a memorandum of understanding to set milestone goals that
would be used to determine deadlines in which Valley Children's Museum (VCM) could
confirm financial readiness and the ability to begin the design and develop a facility.
Memorandum of Understanding (MOU) Terms
The proposed MOU includes the following terms and conditions:
a. VCM will raise no less than $1,500,000 of donation commitments prior to
July 1, 2018 to enable the design and construction of the Museum to
proceed. If VCM fails to meet this obligation, the City shall have no further
obligation to continue negotiating with VCM with respect to the siting of a
Museum in the Dublin Crossing Community Park.
b. On or before July 1, 2018, VCM shall provide City with written confirmation
from its Board of Directors of the availability of adequate financing,
preliminary project design, and a schedule for construction of the
Museum, all of which shall be in a form satisfactory to the City Manager.
c. City agrees not to enter into any other binding agreement for the
construction of improvements, other than Infrastructure improvements, on
the Museum site during the term of this MOU.
d. If VCM provides the items listed in 3.a and 3.b above on or before July 1,
2018, City and VCM will enter into a supplementary agreement setting forth
successive financing and planning milestones that must be reached in
order for City to reserve the Museum site for VCM.
e. If VCM is permitted to construct the Museum, the project shall not to
exceed a building footprint size of 25,000 square feet or building size of
50,000 square feet.
f. Design plans for the Museum must include a minimum of 167 parking
spaces to mitigate the additional load and additional cost of spaces to be
bome by VCM. These spaces will be located on park land other than the
Museum site.
g. VCM shall abide by all City rules, processes, and procedures and shall be
responsible for the cost of any and all permits, approvals, or inspections
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required by the City. Nothing in this MOU shall be construed as waiving the
established procedures and requirements set forth in the City's Zoning
Code.
h. City agrees to cooperate with VCM's fundraising efforts and its outreach to
the community.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Valley Children's Museum has been sent a copy of this Staff Report.
ATTACHMENTS:
1. Resolution Approving a Memorandum of Understanding (MOU) between the City of
Dublin and Valley Children's Museum
2. Exhibit A to the Resolution - Memorandum of Understanding -
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RESOLUTION NO. 112 —17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
...........
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND
THE VALLEY CHILDREN'S MUSEUM
WHEREAS, on April 18, 2006, the City Council unanimously voted and directed Staff to
include the needs and desires of the Valley Children's Museum Board of Directors in future
negotiations with the Army Reserve and /or Master Developer of the Camp Parks Project Area; and
WHEREAS, the Camp Parks Project Area is currently known as the Dublin Crossing
Community Park; and
WHEREAS, on May 29, 2012 at a Special Meeting of the City Council the concept was
discussed and tentatively incorporated as a park amenity in the project site as part of the process of
developing a Dublin Crossing Park Master Plan; and
WHEREAS, at the November 15, 2016 City Council meeting, the Valley Children's Museum
made a presentation regarding their readiness to finance and develop a project that could be placed
on the site in conjunction with the park development timeline; and
WHEREAS, on November 15, 2016, the City Council provided direction to Staff to prepare a
Memorandum of Understanding to set milestone goals that would be used to determine deadlines in
which Valley Children's Museum could confirm financial readiness and the ability to begin the design
and develop a facility.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby
approves a Memorandum of Understanding between the City of Dublin and the Valley Children's
Museum, as shown in Exhibit A.
PASSED, APPROVED AND ADOPTED this 15th day of August, 2017, by the following vote:
AYES: Councilmembers Biddle, Goal, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
or
ATTEST:
City Clerk
Reso No. 112 -17, Adopted 8115/2017, Item No. 7.1 Page 1 of 1
MEMORANDUMS OF UNDERSTANDING
(Valley Children's Museum)
This Memorandum of Understanding ("MOU'� dated February 22018 is entered into by
and between the City of Dublin (the "City") and the Valley Children's Museum, ("VCM' a
California 501(c)(3) non -profit corporation. The Gty and VCM are each individually referred to as a
"Party" and collectively referred to as the `Parties."
RECITALS
WHEREAS, Dublin Crossing, LLC's predecessor in interest obtained certain development
entitlements to develop the Dublin Crossing project, and Dublin Crossing, LLC ("Developer's is now
pursuing those enudements; and
WHEREAS, Developer's entitlements allow for the construction of up to 1,995 single - and
mini- family cidenti l units; up to 200,000 square feet of retail, office, and /or commerdAmcs; a 30-
a eCommunityPark("Dublin Crossing Commun4Park'�; and 12 -acte elementary school site; and
WHEREAS, VCM would like to locate its new museum ("Museum') within the Dublin
Crossing Community Park; and
WHEREAS, on November 15'", 2016 the City Council directed staff to negotiate and develop
a Memorandum of Understanding with the Valley Cbildren's Museum, regardiugrequiremmis to show
financial progress regarding the potential for a Museum located within the Dublin Crossing Park
Project; and
WHEREAS, City is amenable to construction of the Museumwithin the park, provided thatit
receives assurance from VCM that it is capable of raising sufficient funds in a timely manner to cover
design and construction costs; and
WHEREAS, the Parties are interested in working together in good faith to take steps
needed to design and construct the Museum; and
WHEREAS, VCM has provided the City with a prelimary site plan for the proposed
Museum, which is attached hereto as Exhibit A, and
WHEREAS, the Parties now wish to enter into a memorandum of understanding to bring
specificityy to their joint commitment and to set out in general terms and actions needed to be taken
to effectuate VCWs proposed use of the Dublin Crossing Community Park; and
WHEREAS, this MOUisnotintmded to be binding on the Parties. It shall serve only to guide
the Parties in reaching subsequent and more definitive agreements, if any (the "Definitive Agreements'),
with respect to the matters set forth herein.
M
3
NOW THEREFORE, the Parties hereby agree as follows:
Section 1. P=ose of this MOU. This MOU is intended as an expression of a preliminary
basis for negotiations in an effort to reach further definitive agreements on placement and funding of
the Museum within the Dublin Crossing Community Park.
Section 2. Good Faith Efforts to Negotiate. The Parties shall use their best reasonable
efforts to successfully negotiate one or more definitive agreements that will describe the terms and
conditions for executing and implementing the intent of this MOU. 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 esernptionsrequired in connection with the
transactions contemplated hereby, including butnot limited to, negotiations with Developer. This MOU
does not impose my binding obligation on the Parties to grant any approvals or authorizations, nor does
it obligate the Parties w 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. VCM will raise no less than $1,500,000 of donation commitments prior toJuty 1, 2018 to
enable the design andconstruction of the Museum toproceed. If VCM fails tomeetthis
obligation, the City shall have no futthex obligation to continue negotiating with VCM
with respect to the siting of a Museum in the Dublin Crossing Community Park
b. On or before July 1, 2018, VCM shall provide City with written confirmation from its
Board ofDuectoxs of the availability of adequate financing, preliminary project design,
and a schedule for construction of the Museum, all of which shall be in a form
satisfactory to the City Manager.
c. City agrees not to enter into any other binding agreement for the construction of
improvements, other than infrastructure improvements, on the Museum site during the
term of this MOU.
d. If VCMprovides the items listedin 3.a and 3.b above on or before July 1, 2018, City and
VCM will enter into a supplementary agreement setting forth successive financing and
planning milestones that must be reached in order for City to reserve the Museum site
for VCM.
e. If VCM is permitted to construct the Museum, the project shall not to exceed a
footprint size of 25,000 square feet or building size of 50,000 square feet
f Design plans fox the Museum must include a minimum of 167 parking spaces to
mitigate the additional load and additional cost of spaces to be borne by VCM.
These spaces will be located on park land other than the Museum site.
g. VCM shall abide by all City rules, pmcesses, and ptocedmes and shall be responsible for
the cost of any and an permits, approvals, or inspections required by the City. Nothing in
this MOU shall be construed as waiving the establishedproceduxes and requirements set
forth in the City's Zoning Code.
M
h. City agrees to cooperate with VCM's fundraising efforts and its outreach to the
community.
Section 4. No Obligation to Proceed. Nothing in this MOU creates a binding
obligation. Each Patty expressly acknowledges and agrees that this MOU creates no obligation on
the part of any Party. Further, the Patties expressly acknowledge and agree that this MOU does not
commit the City to any planting, zoning or other City approvals needed to implement the intent of
this agreement and all such 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. Term. The provisions of this MOU shall expire on July 1, 2018. This MOU
may be terminated at any time by mutual consent of the Parties.
IN WITNESS WHEREOF, the Patties have executed dais Memorandum of Understanding,
effective as of the date first written above.
•' 5 10 IN
By: "d j - A
D vid Haubery_ Mayor
Date: Z �i
VALLEY CHILDREN'S MUSEUM
Date: Z 7 h8
2844277.1
V
MUSEUM PAD PROPOSED PLAZA
EXHBIT A, PAGE I " c m
E
P. O. Box 2102, Dublin, CA 94568
www.valleychildrensmuseum.org
______________________________________________________________
June 22, 2018
Mr. Chris Foss, City Manager
CITY of DUBLIN
100 Civic Plaza
Dublin, CA 94568
RE: Valley Children’s Museum (VCM)
Request for Time Extension for MOU to December 31, 2019
Dear Chris:
Pursuant to our discussion earlier this week, I am requesting that VCM be placed on
your Council Meeting Agenda for July 17, 2018.
We want to make a formal presentation to the council regarding the terms of the MOU
and current deadline of July 1. VCM cannot meet the terms of the MOU due to the
minimal time we were given after receipt of the signed agreement. We are requesting a
time extension to 12-31-2019. We will also give the council an update on our
fundraising campaign and our revised plans for the museum.
We will need approximately 10 minutes for our presentation and ask for your
cooperation on this request. As agreed to in our meeting of June 19th, we will make our
presentation package available to you by July 12th.
We appreciate your consideration,
Ed
Ed Duarte, President
Valley Children’s Museum
cc: VCM Board