HomeMy WebLinkAboutItem 8.2 Community Park GP or
19 82 STAFF REPORT CITY CLERK
CITY COUNCIL File #420-30/600-40
DATE: March 17, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
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, at minimal cost, to build a school
while maintaining the ability of the public to use the site for parks and recreational programs and
services.
FINANCIAL IMPACT:
No financial impact associated with the execution of the MOU.
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.
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").
Page 1 of 3 ITEM NO. 8.2
The project site is shown in the Vicinity Map below:
Figure 1: Project Vicinity
r '
� ..1.,6: `
X � /�" � ,w M-A wmy C.'�ym"5 """/ � .a{ a ,,.+'/ d c Rppyy � Y .,•„M
NN ew µ nr
11 � �`
! L w r”
f" a
Existing
%µ tr
Reserved 411
School Site
rk
m
4 "u".'^G" Y" ..F�•'. m .�.r "�� �� ; 'w",°wau` I .W+Ir:sa� b rC+ �"� c�, �� ..
"
qM e
X
s I r , � ryyyp+ryy y�ry
� � Y
4
rt
The New School/Park Site currently has a General Plan land use designation of Parks/Public
Recreation. At the February 17, 2015 City Council meeting, the City Council initiated 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
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.
Page 2 of 3
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 is attached to this Staff Report for City Council
consideration (Attachment 1).
At the February 17, 2015 City Council meeting, the City Council requested that DUSD provide a
business plan that outlines the funding sources and timing for the New School/Park Site. The
business plan is attached for your reference (Attachment 4). A representative of DUSD will
provide an overview of the plan.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution Approving the Memorandum of Understanding between
the City of Dublin and the Dublin Unified School District
2. Memorandum of Understanding as Exhibit A to the Resolution
3. City Council Staff Report Item 8.2 dated February 17, 2015
4. DUSD Business Plan
Page 3 of 3
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
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, at minimal cost, 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
3. 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
directed Staff on February 17, 2015 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
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, at minimal cost, while maintaining the ability of the public to
use the site for parks and recreation programs and services.
PASSED, APPROVED AND ADOPTED this 17th day of March 2015 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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)
LO
p r
"fib �"� � � y i,..vu�w� ���"�N M,� � `✓� � .+°�F�w *�. k � � �+
µ
Existing; "
. ! Reserved
School Site
; pp
k� A�
r�
2392617.1
MOU with City for Joint Use 5
SF 761853v1
or
19 82 STAFF REPORT CITY CLERK
' > CITY COUNCIL File #600-40
DATE: February 17, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager /
{
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
L4
ow
rl
m
Existing
,.y c
�° r Reserved
, " „ ° M , •� School Site r
w
t 5 ) k �...."”. b»w�JF ,.J/�, w Write• .^� I N � �F1'aYfl� �..^i' r�b
, ,
ryf . w t
� el
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 ation cat the New School/Park. Site and Existing Reserved School Site)
, a
NZw
p
W
r
m
11>��
ry
w
X",
P
23926 17,1
1G OL)With City[,Or Joint Use
SF 761853v I
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.
DUBLIN SCHOOLS
g DUBLIN UNIFIED SCHOOL DISTRICT
All Dublin Students will Stephen Hanke, Ed. D., Superintendent +7471 Larkdale Ave., Dublin, CA 94568* 925-828-2551* ww.dublinusd.org
Become Lifelong Learners
Business r Dublin Unified School Di ri
E-5 School Site r Site in
Jordan i
March
• Issue: The District must construct a school that will provide for both
elementary and middle school students. Currently the site is
effectively 10 acres and is estimated to cost $48 Million.
• IProUected Firnelliine. Planning 2015 — Opening School Fall 2019. � E: E: III::ocu. iiy'i�: lint
• IPlanned Sources Reprioritized Measure C and Measure E $30-32 Million
of Funding: Project Re-Prioritization / Debt Issuance.
Developer and Mitigation Fee in District $10 Million
Developer and Mitigation Fee Flows $6 — $10 Million
July 1, 2015 to 2019 for next 4-5 years
Total available funds $46 to $52 Million
DUSD Business Plan-E-5 on Alt Site Jordan Ranch Dev/3/12/15/sf
ID o cu jr�frf. e n t B
-------------------------------------------------------------------------------------------------------- ................ ----------------------------------------- -— ---------------------- -----------------------------------------
Dublin Unified School District ElemenitM School E-5 Preliminary P ect Schedule
------------------ ---------- .......... ... ..........r9i........................................................
g
Planning P,. PI...in Process
Design Process I Design Process
Preparing Construction Docurrients.Site Development EMEMMM Preparing Conctructi..O.c....ft She D—t.p.e.1,
----Preparing Construction Documents Buildings 1, P,.psei.q C.-tuscV..Documents Buildings
State Approval Process Site Development IWEEffialipagg Stst.Approval Process Site Development
6 State Approval Process Buildings „i rstateAPPrebalPr�cessBUildings
Bidding and Contracting Process Site Development UM Bidders and Contracting Prosess Site DeMopm.rit
Bidding and Contracting Process Buildings I Bidding and Contracting Process Buildings
Construction Site Development Construction Sit.D.V.I.P...t 0 W1
Construction Buildings Construction Buildings i I
-!Move-in/Set-up Start-up M.—in/Sk-p/Start-up j! t
12 Open School Open School