HomeMy WebLinkAboutItem 7.2 - 2979 Update on MOU with Valley Children's Museum
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STAFF REPORT
CITY COUNCIL
DATE: December 3, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Valley Children's Museum Update
Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager
EXECUTIVE SUMMARY:
The City Council will receive an update on Valley Children's Museum (VCM), including
the termination of the existing Memorandum of Understanding for use of a portion of
Don Biddle Community Park, and their request to discuss future potential opportunities
and support needed to locate VCM in Downtown Dublin.
STAFF RECOMMENDATION:
Accept the report on the termination of the Memorandum of Understanding and provide
direction to Staff on Valley Children's Museums' request to work on longer-term location
in Downtown Dublin.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
On August 15, 2017, the City Council approved a Memorandum of Understanding
(MOU) between the City of Dublin and Valley Children’s Museum (VCM) regarding the
construction of a museum on a portion of the Don Biddle Community Park project site.
The MOU (Attachment 1), encompassed several terms and conditions including section
3(a) that states:
“VCM to raise no less than $1,500,000 of donation commitments 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 Don Biddle Community Park”
On June 19, 2018, Staff and VCM met to discuss the approaching expiration of the
MOU term, July 1, 2018. During that meeting, Staff was notified (Attachment 2) that
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VCM would be unable to meet the above -mentioned condition and that VCM would be
requesting City Council consideration to extend that deadline to December 31, 2019.
On July 17, 2018, the City Council, approved an extension resulting in the signing of a
First Amendment to the MOU with VCM. The First Amendment to the MOU extended
the term to December 31, 2019.
Current Status
Staff and VCM have held quarterly check-ins throughout the year, with the last meeting
being in November 2019 to discuss VCM’s progress with the fundraising campaign. On
November 14, 2019, VCM submitted a letter (Attachment 3) that stated they would be
unable to meet the original obligation of $1,500,000 in donation commitments, and that
an extension to the MOU would not be sought , as they have determined that a 25,000-
square-foot museum at Don Biddle Community Park is not financially feasible.
During recent meetings between City staff and VCM, alternative locations and building
size for the museum were discussed. Specifically, VCM is interested in pursuing a
smaller facility in Downtown Dublin in a manageable footprint (5,000-10,000 square
feet). VCM has stated that market rate rent, with the capital costs that would be
necessary to open a new museum, would still require some form of financial support.
As part of these recent meetings, Economic Development staff have indicated a
willingness to work with VCM to identify currently available market rate space in and
around the Downtown with no commitments for additional support. Over the long -term,
it was discussed that VCM would need to raise their proposal to the City Council to
become part of the Downtown Preferred Vision. It would be VCM’s desire to locate in
the first phase of new development to be constructed in the area and be granted that
space as part of a future community benefit.
Staff is seeking City Council direction on whether there is interest in providing any future
assistance/support to VCM to further their objective of opening a museum in Downtown
Dublin. If yes, Staff will work with VCM on better understanding the new program and
business plan and report back to the City Council on options for how best to support
their efforts.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Memorandum of Understanding with VCM
2. VCM MOU Extension Request Letter dated June 22, 20 18
3. VCM Letter dated November 2019
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pursuing those. entitlements; and
WHEREAS, Developees entitlements allow for the construction of up to 1,995 single- and
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WHEREAS, VCM would Eke to locate its new inuseum CWuseum") within the Dublin
Crossing Community Park- and
WHEREAS, on November 15', 2016 the City Council directed staff to negotiate and develop
!=cial progress regarding the potential for* a Museum located within the Dublin Crossing Park
L"roject; and
WHEREAS, City, is amenable to construction of the Museum within the park� provided that it
receives assurance from VCM that it is capable of raising sufficient t ; unds in a timely manner to cover
design and construction costs; and
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. WHERFA% VCM has provided the City with a pielimaq 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
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WHEREAS this MOU isnot intended to be binding oii the Parties. It shall serve only to guide
the Parties, in ZZi subsequent and mote definitive agreements, if any (the "D efinitive Agre ements),
with respect to the matters set forth herein,
M
Seqdau 1. Emog of & M tefiff, A
This MOU is intended as an exptession of a pr
the Museum within the Dublin Crossing Comwun4 Park.
Section, I ig=s- The negotiations hereunder shaH be based on the following genel
principles and responsibilities;
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b.- On or before July 1, 2018, VCM shall provide City -with written confinmation ftom its
Board of Directors of the availability of adequate financing, ptelimirtaq pioject design,
and a schedule for consttuction of the Museum, A of which shall be in a form
satisfactory to the City Manager.
c- City agrees not to enter mto any other binding aveement fox the constmcdon ot
improvements, other than infiastructuteimprovements, on the Museum site dating the
term of this MOU.
d. If VCM provides the items listed in 3.a and 3.b above on or beforejuly 1, 2018, City and
VCM will enter into a supplementary agreement setting fotth successive fix=dug and
hinnin mdestones 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 Pf 25,000- square fect or buil6ig 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 borne by VCM-
These spaces will be located on puk land other than the Museum site,
g VCM shall abide by all CAty rules, processes, and pmedures and shall be responsible film
the cost of any aud all permits, approvals, or inspectionsvequited by the City, Nothing'
this MOU shall be construed as waking the established procedures and requirements s
forth in the Clitys Zoning Code. 11
2
5tc—dwft—1 C9iMt-==. Ilis MOU may be executed in multiple counterp", each of
which shall be an original and all of-which togethex shall constitute one instruinent
Secd= 6. Ism. Ile provisions of this MOU shall expire on J*- 1, 2018. This MOU
may be terminated at any time by muuW consent of the Patties,
nave execumtwe a erstandIng,
effective as of the date first written above.
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PLAZA MUSEUM PAD *. PROPOSED
Valley 1
MuCslnl� ens
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 191h, we will make our
presentation package available to you by July 12th.
We appreciate your consideration,
Ed Duarte, President
Valley Children's Museum
cc: VCM Board
P. O. Box 2102, Dublin, CA 94568
www.valleychildrensmuseum.org
P. O. Box 2102, Dublin, CA 94568
www.valleychildrensmuseum.org
______________________________________________________________
November 14, 2019
Mr. Chris Foss, City Manager
CITY of DUBLIN
100 Civic Plaza
Dublin, CA 94568
RE: MOU and the Valley Childrens Museum
Dear Chris:
As we have discussed with you and staff in our last two meetings this summer, the Board has been
looking at the feasibility of continuing with our capital campaign to raise funds for the new museum at the
Don Biddle Park location. Given the time frame requirements of the current MOU and the fundraising
climate for non-profits in the Tri-Valley, it has become apparent we will not meet the deadline for raising
the $1.5 million.
A further assessment of our operation has resulted in the Boards’ decision to scale back our plans for
now on building a new facility and focusing on developing a smaller operation that is more manageable
by our organization. Your offer of including the VCM into your plans for redeveloping the Downtown
Dublin Square project is certainly of interest to us for several key reasons:
Location is more central and even closer to the downtown BART station
Space is available in existing structures and & parking is already provided
Retail businesses would attract more foot traffic for VCM
Starting with a smaller facility in a retail location is more economically feasible
We do want you to know that we certainly appreciate yours and the council’s support over the past six
years at the Emerald Glen location, and we are counting on the city’s help and support in locating and
starting up at a new location downtown. In lieu of the Biddle Park site, we are hoping the city will be able
to provide for adequate museum space in an existing shell as part of the Community Benefit requirement
by the chosen developer
We truly believe that a children’s museum is not only needed and wanted in the Tri-Valley, but it would
provide a complimentary and beneficial asset to the redevelopment of downtown Dublin. So we look
forward to a continuing partnership with the city in this new and exciting direction.
Sincerely,
Ed Duarte
Ed Duarte, Board President
cc: Linda Smith
La Shawn Butler
VCM Board of Directors