Owner in the amount of One Million Dollars ($1,000,000), and a construction/permanent loan to Owner to Owner in the amount of Three Million Three Hundred Thirty-Three Thousand Three Hundred Thirty-Three Dollars ($3,333,333) (the “City Loans”). The City Loans will be used for certain predevelopment and construction expenses of the Development and will make the Development more competitive for the other affordable housing funding sources.
E. The Parties have agreed to enter into a nd record this Agreement in order to satisfy the conditions described in the foregoing Recitals. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner’s successors and assigns for a period of not less than fifty-five (55) years from the date a Certificate of Occupancy is issued for the Development.
NOW THEREFORE, in consideration of the foregoing, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.
1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits.
“Actual Household Size” means the actual number of persons in the applicable household.
“Adjusted for Family Size Appropriate to the Unit” shall be determined consistent with Section 50052.5(h) of the California Health and Safety Code, except as provided under Section 2.3(d) hereof.
“Adjusted Income” means the total anticipated annual income of all persons in a household, as calculated in accordance with 25 California Code of Regulations Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar method of calculation of adjusted income. In the event that no such program exists, the City shall provide the Owner with a reasonably similar method of calculation of adjusted income as provided in said Section 6914.
“Affordable Rent” means that the maximum rents as specified in Section 2.3 hereof. “Area Median Income” or “AMI” means the median gross yearly income adjusted for Actual Household Size (to qualify residents) or Assumed Household Size (to calculate rents), as applicable, in the County of Alameda, California, as published from time to time by HCD, except as provided under Section 2.3(d) hereof. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the City shall provide the Owner with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HCD. “Assumed Household Size” means the household size "adjusted for family size appropriate to the unit" in accordance with California Health and Safety Code Section 50053, except as provided under Section 2.3(d) hereof. The definition is utilized to calculate Affordable Rent and is not intended to be a limit on the number of persons occupying a unit.
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"City" shall mean the City of Dublin, a California municipal corporation. “Claims” is defined in Section 10.
“Completion Date" means the date a final certificate of occupancy is issued by the City to certify that the construction of the Development is complete and the Development may be legally occupied.
"Development" shall mean the Property and the one hundred thirteen (113) units to be developed on the Property, and any additional improvements and all landscaping, roads and parking spaces existing thereon, as the same may from time to time exist “Eligible Household” means a household (i) for which gross household income upon initial occupancy does not exceed the applicable maximum income level for a Restricted Unit as specified in Section 2.1, and (ii) which consists of one or more Qualifying Residents, Qualified Permanent Residents, and/or Permitted Health Care Residents pursuant to California Civil Code Section 51.3.
“Extremely Low Income Household” shall mean a household with an Adjusted Income that does not exceed thirty percent (30%) of Area Median Income, adjusted for Actual Household Size, as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and as published by HCD, except as provided under Section
2.3(d) hereof.
“Extremely Low Income Rent” shall mean the rent permitted to be charged for an Extremely Low Income Unit pursuant to Section 2.1(b) below, except as provided under Section
2.3(d) hereof.
“Extremely Low Income Units” shall mean the Units, which, pursuant to Section 2.1(b) below, are required to be occupied by Extremely Low Income Households. "Fifteen Year Compliance Period" means the fifteen (15) year compliance period as described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended. “Indemnitees” is defined in Section 10.
“HCD” means the California Department of Housing and Community Development. “Investor Limited Partner" means the limited partner or partners of the Owner. “Low Income Household” shall mean a household with an Adjusted Income that does not exceed sixty percent (60%) of Area Median Income, as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, and as published by HCD, except as provided under Section 2.3(d) hereof.
“Low Income Rent” means the rent allowed to be charged on the Low Income Units pursuant to Section 2.1(a) below, except as provided under Section 2.3(d) hereof.
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“Low Income Units” mean the Units that, pursuant to Section 2.1(a) below, are required to be occupied by Low Income Households.
“Management and Marketing Plan” is defined in Section 6.4. "Owner" shall mean Corona/Ely Ranch, Inc., a California nonprofit public benefit corporation, and its successors and assigns to the Development. “Property" shall mean the real property described in Exhibit A attached hereto and incorporated herein.
“Regulations” means Title 25 of the California Code of Regulations. “Rent” means the total of monthly payments by the residents of a Unit (other than the manager’s Unit) for the following: (1) use and occupancy of the Unit and land and related improvements, including parking; (2) any separately charged fees or service charges assessed by the Owner which are required of all Tenants, other than security deposits; (3) the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service, cable service or any other utility or service permitted to be excluded from the calculation of Rent pursuant to the terms of 25 California Code of Regulations Section 6918; and (4) any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the Owner, and paid by the Tenant. Utility allowances may be determined by use of the utility allowance published by the local public housing authority or the California Utility Allowance Calculator ("CUAC") model allowed by the California Tax Credit Allocation Committee regulations, if the Property qualifies. “Restricted Unit” means a dwelling unit which is reserved for occupancy at an Affordable Rent by a household of not more than a specified household income in accordance with and as set forth in Section 2.1.
“Senior Household” shall mean a household consisting of Senior Citizens, Qualified Permanent Residents and/or Permitted Health Care Residents as defined in Civil Code Section
51.3(b).
"Tenant" shall mean an Eligible Household occupying a Unit. "Term" means the term of this Regulatory Agreement, which commences as of the date of this Regulatory Agreement and shall remain in effect until the fifty-fifth (55 th) anniversary of
the Completion Date.
2. Use and Affordability Restrictions. Owner he reby covenants and agrees, for itself and its successors and assigns, that the Property shall be used solely for the operation of an affordable residential rental development which qualifies as a Senior Citizen Housing Development pursuant to California Civil Code Section 51.3, consisting of the Development and related improvements, in compliance with the Loan Agreement and the requirements set forth herein.
Owner represents and warrants that it has not entered into any agreement that would restrict or
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compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Owner covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City.
2.1 Affordability Requirements.
For the Term of fifty-five (55) years commencing upon the Completion Date, the following residential units in the Development will be restricted for occupancy by Extremely Low and Low Income Households as set forth below (the “Restricted Units”). The City and the Owner acknowledge that other financing sources for the Development may impose additional affordability restrictions on the Development.
(a) Seventy-Eight (78) of the Restricted Units shall be rented to and occupied by or, if vacant, available for occupancy by Low Income Households; and (b) Thirty-Four (34) of the Restricted Units shall be rented to and occupied by, or if vacant, available for occupancy by Extremely Low Income Households. (c) One (1) Unit shall be reserved for an on-site manager and shall not be subject to affordability or occupancy restrictions
In the event that recertification of Tenant incomes indicates that the number of Restricted Units in the Development actually occupied by Eligible Households falls below the number reserved for each income group as specified in this Section 2.1, Owner shall rectify the condition by renting the next available dwelling unit(s) in the Development to Eligible Household(s) until the required income mix is achieved.
2.2 [Intentionally Deleted]
2.3 Rents for Restricted Units.
(a) Low Income Rent. Subject to Section 2.3(d) below, the Rent charged to Residents of the Low Income Units shall not exceed one-twelfth (1/12th) of thirty percent (30%) of sixty percent (60%) of Area Median Income, adjusted for Assumed Household Size. (b) Extremely Low Income Rent. Subject to Section 2.3(d) below, the Rent charged to Residents of the Low Income Units shall not exceed one-twelfth (1/12th) of thirty percent (30%) of thirty percent (30%) of Area Median Income, adjusted for Assumed Household Size.
(c) Rent Increases. The Rent may only be increased one time per year (unless otherwise approved in writing by the City) and the Rent level following an increase, or upon a new occupancy, shall not exceed the Rent level set forth in subsection a above, as applicable.
Households occupying Units shall be given at least thirty (30) days written notice prior to any increase in the Rent.
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(d) Compliance with TCAC Requirements. In the event the Development receives a reservation of low income housing tax credits by the California Tax Credit Allocation Committee ("TCAC"), Owner may use the occupancy standards, assumed household sizes, income limits, rent levels and rent increases that are permitted by TCAC in place of such requirements imposed by this Agreement. During the term of any TCAC regulatory agreement recorded with respect to the Development (the “TCAC Regulatory Agreement”), compliance with the TCAC Regulatory Agreement as it pertains to occupancy standards, assumed household sizes, income limits, rent levels and rent increases shall be deemed compliance with such requirements of this Agreement. Notwithstanding the foregoing, however, Owner shall comply with the requirements of City Municipal Code Section 8.68 with respect to occupancy standards, assumed household sizes, income limits, rent levels and rent increases for the required number of inclusionary housing units as provided in that section. (e) Loss of Rental Subsidies. In the event that the Development receives Project-Based Section 8 or other rental subsidy payments (collectively referred to as the “Rental Subsidies”) as a source of financing in accordance with the Revised Financing Plan approved by City in accordance with the Loan Agreement, and during the Term any change in federal law occurs or any action (or inaction) by Congress or any federal or State agency, which results in a reduction, termination or nonrenewal of the Rental Subsidies through no fault of the Owner (“Federal or State Action”), such that the Rental Subsidy projected on the approved Revised Financing Plan is no longer available, the City shall allow the Developer to increase the rents on one or more of the Extremely Low Income Units to Low Income Rents only if and to the extent that the Developer has demonstrated to the satisfaction of the City Manager that such a rent increase is necessary to maintain the financial stability of the Development. The Developer shall provide the City Manager with a projected operating budget for the Development showing the impact of the loss or reduction of the Rental Subsidy as well as the last two full years of audited financial statements for the Development showing actual costs and expenses of operating the Development at the time Developer requests an increase in the rents. The City Manager shall have authority to approve an increase in the rents on a sufficient number of Extremely Low Income Units to a rent not exceeding the Low Income Rent in order to ensure that the Development generates sufficient income to cover its operating costs and debt service as shown on the submitted operating budget, provided, however, any such rent increase shall only be allowed pursuant to a transition plan mutually agreed upon by the City and Developer consistent with TCAC regulations and only to the extent not otherwise prohibited under the TCAC Regulatory Agreement or any other regulatory agreement recorded on the Development. Developer shall make all commercially reasonable efforts to obtain alternative sources of rental subsidies and shall provide the City with annual progress reports on efforts to obtain alternative sources of rental subsidies that would allow the rents on the Extremely Low Income Units to be reduced to the Extremely Low Income Rents. Upon receipt of any alternative Rental Subsidies, the Developer shall reduce the rents on the units subject to the rent increase to the Extremely Low Income Rents to the greatest extent possible. (f) Compliance with Stricter Requirement s. Notwithstanding anything to the contrary contained in this Agreement, if the other lenders, tax credit investor, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed hereby, the requirements of such other lenders, tax credit investor, or regulatory agencies shall prevail. In meeting all such income and affordability requirements, the Owner
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may count each unit at a specific income eligibility level as meeting the same specific income eligibility level requirement in each of the lender, tax credit, or regulatory agency regulatory agreements.
2.4 Increase in Tenant Income.
2.4.1 Increase Above Initial Qualifying Income. If upon recertification of Tenant incomes, Owner determines that the household income of a Tenant has increased and exceeds the income level for an Extremely Low Income Household, Low Income Household, or other applicable income category in which the Tenant initially qualified under a regulatory agreement required by other Development financing, then upon expiration of the Tenant’s lease:
(i) such Tenant’s unit shall continue to be considered as a unit in the initial applicable income category, (ii) upon ninety (90) days’ written notice to the Tenant, such Tenant’s rent may be increased to an Affordable Rent for the income category for which the Tenant qualifies, and (iii) Owner shall rent the next available residential unit at an Affordable Rent to a household that qualifies in the income category in which the Tenant initially qualified in order to achieve the affordability requirements of this Agreement.
2.4.2 Non-Qualifying Household. If, upon recertification of Tenant incomes, Owner determines that a Tenant’s household income has increased to exceed 80% of the Area Median Income, such Tenant shall be permitted to continue to occupy the unit and upon expiration of the Tenant’s lease: (i) upon 90 days’ written notice, such Tenant’s rent may be increased to the lesser of one-twelfth of thirty percent (30%) of the household’s actual income or the fair market rent, (ii) the unit shall continue to be classified as satisfying the income category for which the Tenant originally qualified, and (iii) when the Tenant vacates the unit, the unit shall be rented at an Affordable Rent to an Eligible Household that qualifies in the income category for which the former Tenant initially qualified in order to achieve the affordability requirements of this Agreement.
In the event of inconsistency between the provisions of Sections 2.4.1 or 2.4.2 and the rules applicable to the Project in connection with low-income housing tax credits, tax-exempt bond financing, or financing or rent subsidies provided to the Project by a federal, State or other public agency, the rules applicable pursuant to such financing or subsidy source shall prevail.
2.5 Selection of Tenants. Applications will be selected pursuant to an equitable selection method, and in accordance with the following preferences. Preferences determine the ranking by which applicants are selected but will not affect an applicant’s eligibility. Preference order will be determined based on a point preference system established by the City for this Development (the “Points Preference System”). The City shall provide its point system and preference order to the Owner for incorporation by reference and attachment as an exhibit to the Management and Marketing Plan. The City’s point system and preference order referenced in and attached to the Management and Marketing Plan will supersede the points system in section
8.68.050 of the Dublin Municipal Code, and has been approved as an alternate means of compliance by the City Council pursuant to Dublin Municipal Code section 8.86.040(E). The point system and preference order shall be subject to the program requirements of Project-Based Section 8 or other Rental Subsidies, and are subject to compliance with applicable fair housing laws.
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In addition to the other requirements to be set forth in Management and Marketing Plan under Section 6.4 below, the Management and Marketing Plan shall include Owner’s marketing, services, and other assistance and programs to fulfill the Owner’s and City’s intent to operate the Development for Senior Households.
This Section 2.5 is subject to the requirements of applicable fair housing laws.
2.6 Manager’s Unit. One (1) dwelling unit in the Development may be used as a resident manager’s unit, and shall be exempt from the occupancy and rent restrictions set forth in this Agreement.
2.7 No Condominium Conversion. Owner shall not convert the Development to condominium or cooperative ownership or sell condominium or cooperative rights to the Development or any part thereof during the term of this Agreement.
2.8 Residential Use. The Development shall be operated only for residential use. No part of the Development shall be operated as transient housing.
2.9 Section 8 Certificate Holders. The Owner shall accept as tenants, on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor, or similar programs. The Owner shall not apply selection criteria to holders of Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria applied to all other prospective tenants, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of Units by such prospective tenants.
2.10 Lease Provisions. Owner shall include in leases for all Affordable Units provisions which authorize Owner to immediately terminate the tenancy of any household one or more of whose members has misrepresented any fact material to the household's qualification as an Extremely Low Income Household or Low Income Unit. Each lease or rental agreement shall also provide that the household is subject to annual certification in accordance with Section 3.1 below, and that, if the household's income increases above the applicable limits for an Extremely Low Income Household or Low Income Household, as applicable, such household's Rent may be subject to increase.
2.11 Notice of Expiration of Term.
2.11.1 At least six (6) months prior to the expiration of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants containing (a) the anticipated date of the expiration of the Term, (b) any anticipated increase in Rent upon the expiration of the Term, (c) a statement that a copy of such notice will be sent to City, and (d) a statement that a public hearing may be held by City on the issue and that the Tenant will receive notice of the hearing at least fifteen (15) days in advance of any such hearing. The Owner shall also file a copy of the above-described notice with City.
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2.11.2 In addition to the notice required above, Owner shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such notice requirements include: (i) a three (3) year notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a twelve (12) month notice to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term, (iii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iv) a notice of an offer to purchase the Development to "qualified entities" (as defined in California Government Code Section 65863.11(d)), if the Development is to be sold within five (5) years of the end of the Term; and (v) a notice of right of first refusal within the one hundred eighty (180) day period that qualified entities may purchase the Development.
2.12 Non-Discrimination; Compliance with Fair Housing Laws.
2.12.1 Fair Housing. Owner shall comply with state and federal fair housing laws in the marketing and rental of the units in the Development. Owner shall accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any successor thereto.
2.12.2 Non-Discrimination. Owner shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in, the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith.
3. Reporting Requirements.
3.1 Tenant Certification. Owner or Owner’s authorized agent shall obtain from each household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require:
(a) The identity of each household member; and
(b) The total gross household income; and
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(c) The number and type of calculated preference points, if applicable.
Owner shall retain such certificates for not less than five (5) years, and upon City’s request, shall provide copies of such certificates to City and make the originals available for City inspection.
3.2 Annual Report; Inspections. By not later than April 30 of each year during the term of this Agreement, Owner shall submit an annual report (“Annual Report”) to the City in form satisfactory to City, together with a certification that the Development is in compliance with the requirements of this Agreement. The Annual Report shall, at a minimum, include the following information for each dwelling unit in the Development as of the date of the Annual Report: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges, specifying the amount chargeable to the Tenant; and (iv) dates of any vacancies during the previous year; (v) number of people residing in the unit ; (vi) total gross household income of residents; (vii) documentation of source of household income; and (viii) the information required by Section
3.1. The Annual Report shall include a site improvement and maintenance plan and shall include a report on the current waitlist, including number of households, unit size desired, typical wait period. Owner shall include with the Annual Report, an income recertification for each household, documentation verifying Tenant eligibility, and such additional information as City may reasonably request from time to time in order to demonstrate compliance with this Agreement. The Annual Report shall conform to the format requested by City; provided however, during such time that the Development is subject to a regulatory agreement restricting occupancy and/or rents pursuant to requirements imposed in connection with the use of state or federal low-income housing tax credits or tax-exempt bond financing, Owner may satisfy the requirements of this Section by providing City with a copy of compliance reports required in connection with such financing.
3.3 Entry and Inspection. Owner shall permit representatives of City to enter and inspect the Property, the Development, and records, during reasonable business hours in order to monitor compliance with this Agreement upon forty-eight (48) hours advance notice of such visit to Owner or to Owner’s management agent.
3.4 Annual Monitoring Fee. The Development shall be subject to an annual monitoring fee, as adjusted from time to time pursuant to the City’s Master Fee Schedule.
3.5 Records.
(a) Owner shall keep and maintain at the principal place of business of the Owner set forth in Section 6.10 below, or elsewhere with the City's written consent, full, complete and appropriate books, records and accounts relating to the Development. Owner shall cause all books, records and accounts relating to the Development to be kept and maintained in accordance with generally accepted accounting principles consistently applied, and to be consistent with requirements of this Regulatory Agreement. Owner shall cause all books, records, and accounts to be open to and available for inspection and copying by the City, its auditors or other authorized representatives at reasonable intervals during normal business hours.
Owner shall cause copies of all tax returns and other reports that Owner may be required to furnish to any government agency to be open for inspection by the City at all reasonable times at
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the place that the books, records and accounts of Owner are kept. Owner shall preserve such records for a period of not less than five (5) years after their creation. If any litigation, claim, negotiation, audit exception, monitoring, inspection or other action relating to the use of the Development is pending at the end of the record retention period stated herein, then Owner shall retain the records until such action and all related issues are resolved. Such records are to include but are not limited to:
(1) Records documenting compliance with the fair housing, equal opportunity, and affirmative fair marketing requirements; (2) Financial records; and
(3) Records demonstrating compliance with the marketing, tenant selection, affordability, and income requirements.
(b) The City shall notify Owner of any records it deems insufficient. Owner has fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the records specified by the City in such notice, or if a period longer than fifteen (15) days is reasonably necessary to correct the deficiency, then Owner must begin to correct the deficiency within fifteen (15) days and correct the deficiency as soon as reasonably possible.
4. Term of Agreement.
4.1 Term of Restrictions. This Agreement shall remain in effect through the 55th anniversary of the Completion Date, unless the term is extended by mutual agreement of the Parties.
4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. This Agreement shall remain effective and fully binding for the full term hereof, as such may be extended pursuant to Section 4.1, regardless of (i) any sale, assignment, transfer, or conveyance of the Property or the Development or any part thereof or interest therein, (ii) any payment, prepayment or extinguishment of the Loan or Note, or (iii) any reconveyance of the Deed of Trust.
4.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term as such may be extended pursuant to Section 4.1.
5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property and the Development to the covenants and restrictions set forth in this Agreement. The City and Owner hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Owner and City, regardless of any sale, assignment, conveyance or transfer of the Property, the Development or any part thereof or interest therein. Any successor- in-interest to Owner, including without limitation any purchaser, transferee or lessee of the
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Property or the Development (other than the Tenants of the individual dwelling units within the Development) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. Each and every contract, deed, or other instrument affecting or conveying the Property or the Development or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, or other instrument. If any such contract, deed, or other instrument has been executed prior to the date hereof, Owner hereby covenants to obtain and deliver to City an instrument in recordable form signed by the parties to such contract, deed, or other instrument pursuant to which such parties acknowledge and accept this Agreement and agree to be bound hereby.
Owner agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property and the Development in favor of City.
6. Property Management; Repair and Maintenance; Marketing.
6.1 Management Responsibilities. Owner shall be responsible for all management functions with respect to the Property and the Development, including without limitation the selection of Tenants, certification and recertification of household income and eligibility, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. City shall have no responsibility for management or maintenance of the Property or the Development.
6.2 Management Entity. City shall have the right to review and approve the qualifications of the management entity proposed by Owner for the Development. The contracting of management services to a management entity shall not relieve Owner of its primary responsibility for proper performance of management duties. City hereby approves Eden Housing Management, Inc. (EHMI) as the initial management entity for the Development.
6.3 Repair, Maintenance and Security. Throughout the term of this Agreement, Owner shall at its own expense, maintain the Property and the Development in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the Development and the Property (including without limitation, the residential units, common areas, meeting rooms, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Development. Owner shall prevent and/or rectify any physical deterioration of the Property and the Development and shall make all repairs, renewals and replacements necessary to keep the Property and the improvements located thereon in good condition and repair. Owner shall provide adequate security services for occupants of the Development. The Management and Marketing Plan shall provide for the installation of a security camera system at initial occupancy. Nothing in the proceeding sentence shall require the continued use of a camera system if the parties agree upon a different or updated security system.
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6.3.1 City’s Right to Perform Maintenance. In the event that Owner breaches any of the covenants contained in Section 6.3, and such default continues for a period of ten (10) days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to landscaping, building improvements and general maintenance), then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. All costs expended by City in connection with the foregoing, shall constitute an indebtedness of Owner, and shall be paid by Owner to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s invoice therefor shall bear interest at the lesser of ten percent (10%) per annum or the highest rate permitted by applicable law.
6.4 Management and Marketing Plan. Prior to the start of construction of the Development, Owner shall submit for City review and approval, a plan for managing the Property and marketing the Project. (the “Management and Marketing Plan”). The Management and Marketing Plan shall be updated after two (2) years and then again every five (5) years. The City will provide no less than 90 days’ notice to Owner before each Management and Marketing Plan is due. Updates and revisions to the Management and Marketing Plan may be subject to prior approval of Owner’s investor limited partner or other project lenders before being implemented.
The Management and Marketing Plan shall describe the management team and shall address how the Owner and the management entity plan to manage and maintain the Property and the Development. The Management and Marketing Plan shall include the proposed management agreement and the form of rental agreement that Owner proposes to enter into with Development Tenants. The Management and Marketing Plan shall address in detail how Owner plans to market the Restricted Units to prospective Eligible Households and targeted outreach to Senior Households in accordance with the City’s Inclusionary Zoning Ordinance Regulations, subject to any City waivers for this Development, fair housing laws and this Agreement, Owner’s Tenant selection criteria, and how Owner plans to certify the eligibility of Eligible Households. The Management and Marketing Plan shall also address Owner’s plans concerning Senior Households set forth in Section 2.5 of this Agreement. Owner shall abide by the terms of the Management and Marketing Plan in marketing, managing, and maintaining the Property and the Development, and throughout the term of this Agreement, shall submit proposed modifications to City for review and approval.
The Management and Marketing Plan shall also include the following:
(a) Establishment of a “crime free” environment by participation in the City of Dublin’s Crime Free Multi Housing Program.
(b) Description of targeted outreach to Senior Households. (c) Plan to provide on-site programs and services for Senior Households and low- income residents.
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6.5 Approval of Amendments. If City has not responded to any submission of the Management and Marketing Plan, the proposed management entity, or a proposed amendment or change to any of the foregoing within forty-five (45) days following City’s receipt of such plan, proposal or amendment, the plan, proposal or amendment shall be deemed approved by City.
6.6 Social Services. Owner shall provide a variety of social services at the Development. Such social services are subject to the prior written approval of the City, in its reasonable discretion. Owner shall use its best efforts to create a comprehensive social service program that is targeted to the needs of the residents of the Development. Owner shall ensure that all personnel providing or coordinating all social services shall be adequately trained and counseled, including with respect to the appropriate means and methods of communicating and interacting with residents. Any substantive decrease in the amount of social services to be provided at the Property shall be subject to prior reasonable approval of City and approval shall not be unreasonably withheld
6.7 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Property or the Development, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. However, Owner shall not be required to pay any such charge so long as (a) Owner is contesting such charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. The Parties acknowledge that the Owner will apply for exemption from property tax under Revenue and Taxation Code Section 214.
6.8 Insurance Coverage. Throughout the term of this Agreement Owner shall at Owner’s expense, maintain in full force and effect insurance coverage as specified in the Loan Agreement and shall comply with all insurance requirements set forth in the Loan Agreement.
6.8 Property Damage or Destruction. If any part of the Development is damaged or destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent restriction requirements set forth in this Agreement. Such work shall be commenced as soon as reasonably practicable after the damage or loss occurs and shall be completed within one year thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to be applied to such repairs or restoration within such period and the repair or restoration is financially feasible. During such time that lenders or low-income housing tax credit investors providing financing for the Development impose requirements that differ from the requirements of this Section the requirements of such lenders and investors shall prevail.
7. Recordation; Subordination. This Agreement shall be recorded in the Official Records of Alameda County. Owner hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Property or the Development. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Development in position superior to this Agreement, upon the request of City, Owner hereby covenants and agrees to promptly
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undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 7, and to provide such evidence thereof as City may reasonably request. Notwithstanding the foregoing, the City agrees that City will not withhold consent to reasonable requests for subordination of this Agreement to deeds of trust provided for the benefit of lenders identified in the Financing Plan (as defined in the Loan Agreement) as it may be updated with City approval, provided that the instruments effecting such subordination include reasonable protections to the City in the event of default, including without limitation, extended notice and cure rights.
8. Transfer and Encumbrance.
8.1 Restrictions on Transfer and Encumbrance. During the term of this Agreement, except as permitted pursuant to the Loan Agreement or this Agreement, Owner shall not directly or indirectly, voluntarily, involuntarily or by operation of law make or attempt any total or partial sale, transfer, conveyance, assignment or lease (collectively, “Transfer”) of the whole or any part of the Property, the Development, or the improvements located on the Property, without the prior written consent of the City, which approval shall not be unreasonably withheld. In addition, prior to the expiration of the term of this Agreement, except as expressly permitted by this Agreement or the Loan Agreement, Owner shall not undergo any significant change of ownership without the prior written approval of City. For purposes of this Agreement, a “significant change of ownership” shall mean a transfer of the beneficial interest of more than twenty-five percent (25%) in aggregate of the present ownership and /or control of Owner, taking all transfers into account on a cumulative basis; provided however, neither the admission of an investor limited partner, nor the transfer by the investor limited partner to subsequent limited partners shall be restricted by this provision.
8.2 Permitted Transfers. Notwithstanding any contrary provision hereof, the prohibitions on Transfer set forth herein shall not be deemed to prevent: (i) the granting of easements or permits to facilitate development of the Property; (ii) the dedication of any property required pursuant to the Loan Agreement; (iii) the lease of individual dwelling units to Tenants for occupancy as their principal residence in accordance with this Agreement; (iv) assignments creating security interests for the purpose of financing the acquisition, construction, or permanent financing of the Development or the Property in accordance with the Loan Agreement, or Transfers directly resulting from the foreclosure of, or granting of a deed in lieu of foreclosure of, such a security interest; (v) a Transfer to a limited partnership in which the managing general partner is a tax-exempt entity under the direct control of or under common control with Owner; (vi) the admission of limited partners and any transfer of limited partnership interests in accordance with Owner’s agreement of limited partnership (the “Partnership Agreement”), provided that the Partnership Agreement and/or the instrument of Transfer provides for development and operation of the Property and Development in a manner consistent with the Loan Agreement and this Agreement; (vii) the removal of the general partner by the investor limited partner for a default under the Partnership Agreement, provided the replacement general partner is reasonably satisfactory to City; or (viii) the transfer of the General Partner’s interest to a nonprofit entity that is or its member/manager is tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986 as amended, provided such replacement general partner is reasonably satisfactory to City.
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In addition, City shall not withhold its consent to the sale, transfer or other disposition of the Development, in whole or in part, provided that (a) the Development is and shall continue to be operated in compliance with this Agreement; (b) the transferee expressly assumes all obligations of Owner imposed by this Agreement; (c) the transferee executes all documents reasonably requested by the City with respect to the assumption of the Owner’s obligations under this Agreement, and upon City’s request, delivers to the City an opinion of its counsel to the effect that such document and this Agreement are valid, binding and enforceable obligations of such transferee; and (d) either (A) the transferee has at least three (3) years’ experience in the ownership, operation and management of low-income multifamily rental housing projects of similar size to that of the Development, without any record of material violations of nondiscrimination provisions or other state or federal laws or regulations applicable to such projects, or (B) the transferee agrees to retain a property management firm with the experience and record described in subclause (A).
Article VI of the Loan Agreement shall govern procedures applicable to requests for, and City’s approval of, proposed Transfers. Unless waived by City, Owner shall reimburse City for all City costs, including but not limited to reasonable attorneys’ fees, incurred in reviewing instruments and other legal documents proposed to effect a Transfer under this Agreement and in reviewing the qualifications and financial resources of a proposed successor, assignee, or transferee within ten (10) days following City’s delivery of an invoice detailing such costs.
8.3 Encumbrances. Owner agrees to use best efforts to ensure that any subordination agreement recorded against the Property, the Development or part thereof for the benefit of a lender other than City (“Third-Party Lender”) shall contain each of the following provisions:
(i) Third-Party Lender shall provide to City a copy of any notice of default issued to Owner concurrently with provision of such notice to Owner; (ii) City shall have the reasonable right, but not the obligation, to cure any default by Owner within the same period of time provided to Owner for such cure extended by an additional sixty (60) days; (iii) provided that City has cured any default under Third-Party Lender’s deed of trust and other loan documents, City shall have the right to foreclose City’s Deed of Trust and take title to the Development without acceleration of Third-Party Lender’s debt; and (iv) City shall have the right to transfer the Development without acceleration of Third-Party Lender’s debt to a nonprofit corporation or other entity which shall own and operate the Development as an affordable rental housing project, subject to the prior written consent of the Third-Party Lender. Owner agrees to provide to City a copy of any notice of default Owner receives from any Third-Party Lender within three (3) business days following Owner’s receipt thereof.
8.4 Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Development or the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Promptly upon determining that a violation of this Agreement has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Development or the Property that such violation has occurred.
9. Default and Remedies.
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9.1 Events of Default. The occurrence of any one or more of the following events shall constitute an event of default hereunder (“Event of Default”):
(a) The occurrence of a Transfer in violation of Section 8 hereof; (b) Owner’s failure to maintain insurance on the Property and the Development as required hereunder, and the failure of Owner to cure such default within ten (10) days;
(c) Subject to Owner’s right to contest the following charges, Owner’s failure to pay taxes or assessments due on the Property or the Development or failure to pay any other charge that may result in a lien on the Property or the Development, and Owner’s failure to cure such default within thirty (30) days of delinquency;
(d) A default has been declared under any loan secured by a mortgage, deed of trust or other security instrument recorded against the Property and remains uncured beyond any applicable cure period such that the holder of such security instrument has the right to accelerate repayment of such loan;
(e) A default arises under the Loan Agreement, the Note, the Deed of Trust or any other City Document (as defined in the Loan Agreement) and remains uncured beyond the expiration of any applicable cure period;
(f) Owner’s default in the performance of any term, provision or covenant under this Agreement (other than an obligation enumerated in this Subsection 9.1), and unless such provision specifies a shorter cure period for such default, the continuation of such default for ten (10) days in the event of a monetary default or thirty (30) days in the event of a non- monetary default following the date upon which City shall have given written notice of the default to Owner, or if the nature of any such non-monetary default is such that it cannot be cured within thirty (30) days, Owner’s failure to commence to cure the default within thirty (30) days and thereafter prosecute the curing of such default with due diligence and in good faith, but in no event longer than ninety (90) days from receipt of the notice of default or such longer period of time as City may allow.
The limited partners of Owner shall have the right to cure any default of Owner hereunder upon the same terms and conditions afforded to Owner. Provided that City has been given written notice of the address for delivery of notices to the limited partners, City shall provide any notice of default hereunder to the limited partners concurrently with the provision of such notice to Owner, and as to the limited partners, the cure periods specified herein shall commence upon the date of delivery of such notice in accordance with Subsection 11.3.
9.2 Remedies. Upon the occurrence of an Event of Default and its continuation beyond any applicable cure period, City may proceed with any of the following remedies:
A. Bring an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief;
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B. Accelerate and declare the balance of the Note and interest accrued thereon immediately due and payable and proceed with foreclosure under the Deed of Trust;
C. For violations of obligations with respect to rents for Restricted Units, impose as liquidated damages a charge in an amount equal to the actual amount collected in excess of the Affordable Rent;
D. Pursue any other remedy allowed at law or in equity.
Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement.
10. Indemnity. Notwithstanding any other provision in the Loan Agreement or other documents executed in connection with the City Loan, Owner shall indemnify, defend (with counsel approved by City) and hold City and their respective elected and appointed officers, officials, employees, agents, and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in part, as a result of or in connection with Owner’s construction, management, or operation of the Property and the Development or any failure to perform any obligation as and when required by this Agreement. Owner’s indemnification obligations under this Section 10 shall not extend to Claims resulting solely from the gross negligence or willful misconduct of Indemnitees. It is further agreed that City does not and shall not waive any rights against Owner that it may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or the deposit with City by Owner, of any of the insurance policies described in this Agreement or the Loan Agreement.
The provisions of this Section 10 shall survive the expiration or earlier termination of this Agreement.
11. Miscellaneous.
11.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties.
11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Owner of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
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11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service;
(iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a nonbusiness day.
City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: City Manager
(With a copy to City Attorney)
Owner: Corona/Ely Ranch, Inc.
22645 Grand Street
Hayward, CA 94541
Attention: Project Owner
With a copy to Owner’s investor limited partner at the address designated by Owner.
11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.
11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.
11.6 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or
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taken by the City’s City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Council.
11.7 Non-Liability of City Officials, Officers, Directors, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the City, or for any amount of money which may become due to Owner or its successor or for any obligation of City under this Agreement. No director, officer, employee or agent of the Owner shall be personally liable to the City or any successor in interest, in the event of any default or breach by the Owner, or for any amount of money which may become due to the City or its successor or for any obligation of the Owner under this Agreement.
11.8 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party.
11.9 Time is of the Essence. Time is of the essence in the performance of this Agreement.
11.10 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law.
11.11 Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
11.12 Severability. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
11.13 Entire Agreement. This Agreement, together with the Loan Agreement, the Note and the Deed of Trust contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto.
11.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGES.
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IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written above.
CITY
City of Dublin, a municipal corporation
By: _______________________
Linda Smith, City Manager
Attest:
_______________________
Marsha Moore, City Clerk
Approved as to form:
__________________
John Bakker, City Attorney
DEVELOPER
Corona/Ely Ranch, Inc.,
a California nonprofit public benefit corporation
By: ____________________________
SIGNATURES MUST BE NOTARIZED.
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State of California )
)
County of )
On , before me, , Notary
Public,
(here insert name and title of the officer)
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowl edged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Exhibit A
PROPERTY
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
Parcel One:
Parcel 2 of Parcel Map No. 1920, filed December 1, 1976 in Book 94 of Parcel Maps, Pages 11 and 12, Alameda County Records.
Excepting therefrom:
That portion of land conveyed to the City of Dublin by Grant Deed Dated March 15, 2021, Recorded 03-26-21, as Instrument No. 2021123184, more particularly described as follows:
Real property, situate in the incorporated territory of the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of Parcel 2, as said Parcel 2 is shown and so designated on Parcel Map 1920, filed for record on December 1, 1976 in Book 94 of Parcel Maps, at Page 11, in the Office of the County Recorder of Alameda County, more particularly described as follows:
Beginning at the Northwestern corner of said Parcel 2; Thence from said point of beginning, along the Northerly line of said Parcel 2, North 69° 08’ 15” East 31.11 feet; Thence leaving said Northerly line, along the arc of a non-tangent 40.00 foot radius curve to the left, from which the center of said curve bears South 33° 42’ 04 East, through a central angle of 77° 09’ 41” an arc distance of 53.87 feet, to the Westerly line of said Parcel 2; Thence along said Westerly line, North 20° 51’ 45” West 39.00 feet to said point of beginning.
Parcel Two:
An Access Easement, not to be exclusive, together with the right of ingress and egress therefor, in, over, along and across that certain land situated in the Township of Pleasanton, County of Alameda, State of California, described as follows: Beginning at the most Western corner of the parcel of land described in the Deed from Amfac Merchandising Corporation, a California corporation to Baydale, Inc., a Delaware corporation, recorded December 28, 1971, Reel 3026, Image 888, Recorder's Series No. 71-169856, Alameda County Records; thence through a portion of the last named parcel of land and along the Northwestern boundary line thereof, North 69° 08' 15" East, 329.29 feet; thence at right angles to the last named line South 20° 51' 45" East,
71.00 feet to the Northeastern corner of the parcel of land described in the Deed from Baydale, Inc., a Delaware corporation, to Amfac Merchandising Corporation, a California corporation, recorded April 12, 1972, Reel 3104 Image 883, Recorder's Series No. 72-47311, Alameda County Records; thence along the last named line South 69° 08' 15" West 329.29 feet to the Northeastern line of Regional Street being the parcel of land described as Parcel One
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in the Deed from Motel Interstate Systems, Inc., to the County of Alameda, recorded March 8, 1971, Reel 2802 Image 404, Recorder's Series No. 71-26256, Alameda County Records; thence along the last named line North 20° 51' 45" West, 71.00 feet to the point of beginning.
Assessor's Parcel No. 941-1500-025 (Affects this and other property) 5369422.4
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44 EXHIBIT J
CERTIFICATE OF COMPLETION
Recording requested by
and when recorded mail to:
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder’s use.
CERTIFICATE OF COMPLETION
This Certificate of Completion (this Certificate”) is made by the City of Dublin, a California municipal corporation (“City”), effective as of __________, 202__.
RECITALS
A. City and Corona/Ely Ranch, Inc., a California nonprofit public benefit corporation (“Owner”), entered into that certain Affordable Housing Assistance Agreement dated as of _________, 2023 (“Loan Agreement”) concerning the development of a one hundred thirteen (113) unit affordable housing development (the "Development") on certain real property located in the City of Dublin, California and more particularly described in Exhibit A attached hereto (the “Property”). Capitalized terms used herein without definition shall have the meaning ascribed to such terms in the Loan Agreement.
B. Pursuant to Section 3.12 of the Loan Agreement, the City is required to furnish the Owner or its successors with a Certificate of Completion upon completion of construction and development of the Development in accordance with the Loan Agreement.
C. The City has determined that the construction and development of the Development has been satisfactorily completed in accordance with the Loan Agreement.
NOW, THEREFORE, the City hereby certifies as follows:
1. Construction and development of the Development has been satisfactorily completed in conformance with the Loan Agreement.
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45 2. All use, maintenance and nondiscrimination covenants contained in the Loan Agreement and the City Regulatory Agreement recorded in the Official Records of Alameda County on _______________, 2023 as Instrument No.______________ in connection therewith shall remain in effect and enforceable in accordance therewith. This Certificate does not constitute evidence of Owner’s compliance with those covenants in the Loan Agreement or City Regulatory Agreement that survive the issuance of this Certificate.
3. This Certificate does not constitute eviden ce of compliance with or satisfaction of any obligation of Owner to any holder of a deed of trust securing money loaned to finance the Improvements or any part thereof (except City) and does not constitute a notice of completion under the California Civil Code.
4. Nothing contained in this instrument shall modify any provisions of the Loan Agreement, City Regulatory Agreement or any other document executed in connection therewith.
IN WITNESS WHEREOF, City has executed and issued this Certificate of Completion as of the date first written above.
THE CITY OF DUBLIN
By: _______________________________
Name: _______________________________
[Title]
ATTEST:
By: _______________________________
City Clerk
APPROVED AS TO FORM:
By: _______________________________
City Attorney
SIGNATURE MUST BE NOTARIZED
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(;+,%,7$72&(57,),&$7(2)&203/(7,21
/(*$/'(6&5,37,212)3523(57<
PROPERTY
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
Parcel One:
Parcel 2 of Parcel Map No. 1920, filed December 1, 1976 in Book 94 of Parcel Maps, Pages 11 and 12, Alameda County Records.
Excepting therefrom:
That portion of land conveyed to the City of Dublin by Grant Deed Dated March 15, 2021, Recorded 03-26-21, as Instrument No. 2021123184, more particularly described as follows:
Real property, situate in the incorporated territory of the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of Parcel 2, as said Parcel 2 is shown and so designated on Parcel Map 1920, filed for record on December 1, 1976 in Book 94 of Parcel Maps, at Page 11, in the Office of the County Recorder of Alameda County, more particularly described as follows:
Beginning at the Northwestern corner of said Parcel 2; Thence from said point of beginning, along the Northerly line of said Parcel 2, North 69° 08’ 15” East 31.11 feet; Thence leaving said Northerly line, along the arc of a non-tangent 40.00 foot radius curve to the left, from which the center of said curve bears South 33° 42’ 04 East, through a central angle of 77° 09’ 41” an arc distance of 53.87 feet, to the Westerly line of said Parcel 2; Thence along said Westerly line, North 20° 51’ 45” West 39.00 feet to said point of beginning.
Parcel Two:
An Access Easement, not to be exclusive, together with the right of ingress and egress therefor, in, over, along and across that certain land situated in the Township of Pleasanton, County of Alameda, State of California, described as follows: Beginning at the most Western corner of the parcel of land described in the Deed from Amfac Merchandising Corporation, a California corporation to Baydale, Inc., a Delaware corporation, recorded December 28, 1971, Reel 3026, Image 888, Recorder's Series No. 71-169856, Alameda County Records; thence through a portion of the last named parcel of land and along the Northwestern boundary line thereof, North 69° 08' 15" East, 329.29 feet; thence at right angles to the last named line South 20° 51' 45" East,
71.00 feet to the Northeastern corner of the parcel of land described in the Deed from Baydale, Inc., a Delaware corporation, to Amfac Merchandising Corporation, a California corporation, recorded April 12, 1972, Reel 3104 Image 883, Recorder's Series No. 72-47311, Alameda County Records; thence along the last named line South 69° 08' 15" West 329.29 feet to the Northeastern line of Regional Street being the parcel of land described as Parcel One
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in the Deed from Motel Interstate Systems, Inc., to the County of Alameda, recorded March 8, 1971, Reel 2802 Image 404, Recorder's Series No. 71-26256, Alameda County Records; thence along the last named line North 20° 51' 45" West, 71.00 feet to the point of beginning.
Assessor's Parcel No. 941-1500-025 (Affects this and other property) 5369422.4
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4
EXHIBIT K
CITY INSURANCE REQUIREMENTS
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1 CITY INSURANCE REQUIREMENTS
Prior to the closing of the City Predevelopment Loan and City Construction/Permanent Loan, and throughout the term of this Agreement thereafter, Developer shall obtain and maintain, at Developer’s expense, the following policies of insurance.
A. Property Insurance. Insurance for the risks of direct physical loss, with minimum coverage being the perils insured under the standard Causes of Loss - Special form (ISO Form CP 10 30) or its equivalent, covering all improvements, all fixtures, equipment and personal property, located on or in, or constituting a part of, the Property (“Improvements”), in an amount equal to one hundred percent (100%) of the full replacement cost of all such property.
1. The insurance shall:
(a) Cover explosion of steam and pressure boilers and similar apparatus, if any, located on the Property,
(b) Cover floods if the Property is in a Special Hazard Area, as determined by the Federal Emergency Management City or as shown on a National Flood Insurance Program flood map;
2. The insurance required hereunder shall be in amounts sufficient to prevent Developer from becoming a co-insurer under the terms of the applicable policies, with not more than a Ten Thousand Dollars ($10,000) deductible (or such higher deductible approved by the City, which approval shall not be unreasonably withheld) from the loss payable for any casualty.
3. The policies of insurance carried in accordance with this Paragraph A shall contain a “replacement cost endorsement” and an “increased cost of construction endorsement.”
B. Liability Insurance. Commercial general liability insurance on an “occurrence basis” covering all claims with respect to injury or damage to persons or property occurring on, in or about the Property and the Improvements. The limits of liability under this Paragraph B shall be not less than Two Million Dollars ($2,000,000) combined single limit per occurrence, with a deductible no greater than Ten Thousand Dollars ($10,000) or such higher deductible as may be approved by City, which approval shall not be unreasonably withheld. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. No endorsement shall be attached limiting the coverage. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
1. The insurance shall also include coverage for:
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2 (a) Liability for bodily injury or property damage arising out of the use, by or on behalf of Developer, of any owned, non-owned, leased or hired automotive equipment in the conduct of any and all operations conducted in connection with the Development or the Property. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. The Insurance shall cover on an occurrence or an accident basis, and not on a claims- made basis.
(b) Premises and operations including, without limitation, bodily injury, personal injury, death or property damage occurring upon, in or about the Property or the Improvements on any elevators or any escalators therein and on, in or about the adjoining sidewalks, streets and passageways;
(c) Environmental liability and indemnification of City therefor; (d) Broad form property damage liability;
(e) Additional insured and primary insured endorsements protecting the City and its respective elected and appointed officials, officers, employees and agents;
(f) Personal injury endorsement.
C. Worker’s Compensation Insurance. Worker’s compensation insurance, in the amount required under then applicable state law, with limits of not less than One Million Dollars per accident ($1,000,000), covering Developer’s employees, if any, at work in or upon the Property or engaged in services or operations in connection with the Development or the Property. Developer shall require that any contract entered into by Developer with regard to work to be undertaken on the Property include a contractual undertaking by the contractor to provide worker’s compensation insurance for its employees in compliance with applicable state law. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Developer, its employees, agents, contractors and subcontractors.
Attachment 2
291
3 D. Course of Construction Insurance. Course of construction insurance in the same amount as required in Paragraph A above for property insurance, covering all construction activities on the Property.
E. General Insurance Provisions.
1. All policies of insurance provided for in this Exhibit shall be provided under valid and enforceable policies, in such forms and amounts as hereinbefore specified, issued by insurers licensed to do business in the State of California (or approved to do business in California and listed on the California Department of Insurance list of Eligible Surplus Lines Insurers or successor listing) and having a rating of A-VII or better in Best Insurance Guide or, if Best Insurance Guide is no longer in existence, a comparable rating from a comparable rating service. Prior to closing of the City Predevelopment Loan and City Construction/Permanent Loan, and thereafter, not less than thirty (30) days prior to the expiration date of each policy furnished pursuant to this Exhibit, Developer shall deliver to City certificates evidencing the insurance required to be carried by Developer under this Exhibit, and any additional insured endorsements, waivers of subrogation endorsements, and primary insurance endorsements as required by this Exhibit. If requested by City, Developer shall deliver within ten (10) days following such request, certified, complete copies of the insurance policies required hereunder. Insurance policies to be provided hereunder shall meet the following requirements:
2. Each policy of insurance obtained pursuant to this Agreement, other than worker’s compensation insurance, shall contain endorsements which provide:
(a) A waiver by the insurer of the right of subrogation against City, Developer or any tenant of the Development for negligence of any such person,
(b) A statement that the insurance shall not be invalidated should any insured waive in writing prior to the loss any or all right of recovery against any party for loss accruing to the property described in the insurance policy, and
(c) A provision that no act or omission of Developer which would otherwise result in forfeiture or reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of any loss sustained.
(d) By endorsements, City, and its elected and appointed officials, officers, volunteers, employees and agents shall be named as additional insured under the liability insurance required to be maintained by Developer hereunder. City shall be named as loss payee on the property insurance policies required to be maintained hereunder.
Attachment 2
292
4 3. Each policy required hereunder shall include a Notice of Cancellation or Change in Coverage Endorsement which shall provide that such policy shall not be cancelled or materially changed without at least thirty (30) days’ prior written notice by registered or certified mail to City.
4. All insurance policies shall provide that there shall be no exclusion from coverage for cross liability among the listed insureds.
5. Any certificate of insurance applicable to course of construction insurance to be maintained shall be deposited with City prior to closing of the City Construction/Permanent Loan.
6. Each policy shall contain an endorsement that provides that the insurance applies separately to each insured that is seeking coverage or against whom a claim is made, except with respect to the limits of liability
7. Each policy shall be written as a primary policy not contributing with and not in excess of coverage that City may carry.
8. Each policy shall expressly provide that City shall not be required to give notice of accidents or claims and that City shall have no liability for premiums.
9. No policy required by this Exhibit shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
10. Developer shall include all contractors and subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors shall be subject to all of the requirements stated herein.
F. Blanket Policies. Any insurance provided for in this Exhibit may be placed by a policy or policies of blanket insurance; provided, however, that such policy or policies provide that the amount of the total insurance allocated to the Property and the Development shall be such as to furnish protection the equivalent of separate policies in the amounts herein required, and provided further that in all other respects any such policy or policies shall comply with the other provisions of this Agreement G. Waiver of Subrogation. To the extent permitted by law and the policies of insurance required to be maintained hereunder, and without affecting such insurance coverage, City and Developer each waive any right to recover against the other:
1. Damages for injury or death of persons,
2. Damage to property,
3. Damage to the Property or the Improvements or any part thereof, or
Attachment 2
293
5 4. Claims arising by reason of any of the foregoing, to the extent that such damages and/or claims are covered (and only to the extent of such coverage) by insurance actually carried by either City or Developer.
This provision is intended to restrict each party (as permitted by law) to recover against insurance carriers to the extent of such coverage, and waive fully, and for the benefit of each, any rights and/or claims which might give rise to a right of subrogation in any insurance carrier.
H. Compliance with Policy Requirements. De veloper shall observe and comply with the requirements of all policies of public liability, fire and other policies of insurance at any time in force with respect to the Property, and Developer shall so perform and satisfy the requirements of the companies writing such policies that at all times companies of good standing shall be willing to write or to continue such insurance.
I. Remedies. In addition to any other remedies City may have if Developer fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Developer’s breach:
(i) Obtain such insurance and Developer shall then be required to pay to City the amount of the premiums for such insurance; and/or
(ii) Obtain such insurance and add the cost of the premiums for such insurance to the balance of the City Predevelopment Loan and/or City Construction/Permanent Loan.
5382807.2
Attachment 2
294
STAFF REPORT
CITY COUNCIL
Agenda Item 6.1
DATE: December 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Assembly Bill 562 (2013) Five-Year Outcome Report on Economic Development Subsidy Provided to Bicentennial Square Partners Prepared by: Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will hold a required public hearing to receive comments on the outcome of the first five-year period of the economic development business incentive, Sales Tax Reimbursement Program, with Bicentennial Square Partners for the retention of Graybar Electric Company.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and accept the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
As a result of the adoption of California Assembly Bill 562 (2013), effective January 1, 2014, Government Code 53083 requires cities or counties granting economic development subsidies of $100,000 or more to provide public notification and a hearing regarding the subsidy which includes: name of beneficiary, subsidy amounts, beginning and ending dates, a projection of the tax revenues generated and lost, and an estimate of the number of jobs that will be created.
In addition, a report and public hearing on the outcome including amounts expended or lost, jobs created, and net new revenues is required within the first five years of the subsidy as well as the requirement of an additional report and hearing at the conclusion of the subsidy if granted for 10 years or more.
The City of Dublin offers a number of economic development business incentives to encourage economic vitality, including business attraction and retention. In support of these efforts, the City 295
Council adopted Resolution 127-19 approving an Agreement for Reimbursement of Sales and Use Tax Revenue between the City of Dublin and Bicentennial Square Partners, to assist in retaining Graybar Electric Company in Dublin. Bicentennial Square Partners is the property owner, and Graybar is one of their tenants located at 11505 Dublin Blvd. Graybar is a wholesale distribution business for electrical, communications, and data networking products. They have consistently been among the City’s top 25 sales tax revenue generators.
The Agreement allows for a reimbursement of up to $800,000, or 50% of the increase in sales and use tax revenue generated by Graybar above a specified base revenue amount, whichever is lower, over a 10-year period. Under the Revenue and Taxation Code, sales tax data must remain confidential; therefore, specific amounts cannot be disclosed. The reimbursements provided to the property owner are used to help offset the costs associated with certain improvements requested by Graybar as part of their business retention in Dublin.
Five years have passed since the adoption of the Agreement, and in compliance with California Government Code Section 53083, Staff has prepared and made publicly available the “Outcome Report on Economic Development Subsidy Provided by the City of Dublin to Bicentennial Square Partners.” This report states the outcome of the impact of the first five years of the subsidy including amounts expended or lost, jobs created, and net new revenues received.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Hearing Notice was published in the East Bay Times and posted at several locations throughout the City. A copy of this Staff Report was provided to the parties to the Agreement. The outcome report was made available to the public via the City’s website at www.dublin.ca.gov/1552.
ATTACHMENTS:
1) 2024 Outcome Report on Economic Development Subsidy Provided to Bicentennial Square Partners
296
Attachment 1
CITY OF DUBLIN
2024 OUTCOME REPORT ON ECONOMIC DEVELOPMENT SUBSIDY
PROVIDED TO BICENTENNIAL SQUARE PARTNERS
The purpose of this report is to provide the information required by California Government Code Section 53083 in regards to an economic development subsidy provided by the City pursuant to an Agreement by and between the City of Dublin and Bicentennial Square Partners.
Within the first five years of the term of the economic development subsidy, the City of Dublin must provide all of the following information in written form and available to the public and through the City’s website and hold a public hearing to consider any written or oral comments on the information contained in the report. This report shall remain available to the public and posted on the City’s website until the end date of the economic development subsidy on or before December 31, 2030.
The public hearing to consider any comments on the information contained in this report will be held at the following time and place:
Dublin City Council Meeting
Tuesday, December 3, 2024, at 7:00 p.m.
Council Chamber, 100 Civic Plaza, Dublin CA 94568
At the conclusion of the economic development subsidy, the City of Dublin is obligated to provide another report and hold another public hearing. 2024 OUTCOME REPORT ON ECONOMIC DEVELOPMENT SUBSIDY
PROVIDED TO BICENTENNIAL SQUARE PARTNERS
Statement of the public purposes for the economic development subsidy:
The public purposes for the economic development subsidy are to:
continue to expand and enhance economic opportunities for businesses in the City continue to expand the City’s employment base, and
continue to generate hereinafter defined Sales Tax that the City can utilize to fund general governmental services such as police, fire, street maintenance, and parks and recreations programs.
1. The name and address of all corporations or any other business entities, except for sole proprietorships that are beneficiary of the economic development subsidy:
The City continues to provide financial assistance in the form of an economic development subsidy to Bicentennial Square Partners (property owner) as described in the Agreement for Reimbursement of Sales and Use Tax Revenue with Bicentennial Square Partners (Agreement).
297
Bicentennial Square Partners
15671 Stanton Road
Grass Valley, CA 95949
Graybar Electric Company Inc.
34 N. Meramec Ave., St. Louis, MO 63105
Doing business at 11505 Dublin Blvd., Dublin, CA 94568
2. The start and end dates (term) for the economic subsidy:
The start and end of the economic subsidy is as follows:
Effective December 3, 2019, and ending approximately December 31, 2030.
3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy:
Over the 10-year term, the City estimates to reimburse Bicentennial Square Partners up to Eight Hundred Thousand dollars ($800,000), or fifty percent (50%) of the increase between sales and use tax revenue received by the City generated by Tenant compared to a base revenue amount set by the City, whichever is less.
4. The net tax revenue accruing to the local agency as a result of the economic development subsidy:
The City has received the expected annual tax revenue of at least $100,000 of sales tax each year as estimated in the Agreement.
Note: Revenue and Taxation Code Section 7056 requires that sales tax data be kept confidential since that information would reveal the business affairs or operations of a business. Thus, it is unlawful for the City to disclose specific amounts of tax revenue received from a single business or property.
5. The number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions:
The Agreement has retained 89 full-time positions and created 3 temporary positions.
298
Assembly Bill 562 (2013) Five-
Year Outcome Report on
Economic Development Subsidies
December 3, 2024
299
Assembly Bill 562 (2013) Background
• AB 562 (2013) requires cities and counties granting
economic development subsidies of $100,000 or
more to provide public hearing reports on:
– The initial consideration of the subsidy (12/3/2019). – Five-year outcome of the subsidy (12/3/2024).
– Outcome at the conclusion of the subsidy (est. 2030). 300
Subsidy Background
• On December 3, 2019, City Council approved an
Agreement for Reimbursement of Sales and Use Tax
Revenue between the City of Dublin and Bicentennial
Square Partners to assist in retaining Graybar Electric Company in Dublin.
• Graybar has consistently been among the City’s top 25 sales tax revenue generators and is a Fortune 500
company.
301
Subsidy Background, 2
• The Agreement allows for a reimbursement of up to
$800,000 or 50% of the increase in sales use tax
revenue generated by Graybar.
• Sales tax data must remain confidential.
• Five years have passed since the approval of the
Agreement.
• Outcome Report on Economic Development Subsidy.
302
Five-Year Outcome Report
• City has received the expected annual tax revenue
of at least $100,000 as anticipated.
• 89 full-time jobs have been retained.
303
Conclusion
• The next report is due at the conclusion of the
Agreement term, by December 2030 if not sooner.
• Questions?
304
STAFF REPORT
CITY COUNCIL
Agenda Item 8.1
DATE: December 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Informational Report on Accessory Dwelling Units Prepared by: Gaspare Annibale, Senior Planner
EXECUTIVE SUMMARY:
The City Council will receive an informational report on accessory dwelling units, including use of the City’s permit-ready prototype plans, impact and building permit fee waivers, and production.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Over the past several years, changes in State law have made it easier for homeowners to build accessory dwelling units (ADUs). In addition to ensuring that the City’s Zoning Ordinance is consistent with State law, the City has taken further steps to encourage the creation of ADUs.
Below is a summary of those efforts.
Accessory Dwelling Unit Prototype Plans and Manual
In June 2022, the City completed ADU prototype plans and an ADU Manual to help facilitate the construction of ADUs and eliminate the cost and time for homeowners to prepare their own plans.
RRM Design Group, an architectural consulting firm, prepared the City's ADU prototype plans.
There are eight different plans, including five detached ADUs and three plans for converting a garage to an ADU. The prototype plans include studios, one-bedroom, and two-bedroom ADUs that range in size from 224 to 909 square feet. The ADUs are available in three different architectural styles: Spanish, Traditional and Modern, which gives homeowners options for choosing the style, color and materials most compatible with the primary structure. The permit-ready prototype plans include floor plans, elevations, electrical and plumbing plans, structural calculations, and 305
preliminary energy calculations that have been reviewed for compliance with all required construction codes and are provided by the City to homeowners at no charge. The homeowner is responsible for preparing site-specific plans, such as a site plan and geotechnical report. These plans are estimated to save homeowners approximately $15,000 in architectural/design services, structural engineering services, and energy document preparation, as well as time. Pursuant to Assembly Bill 434 effective on January 1, 2025, cities are required to have preapproved ADU plans.
The City’s ADU prototype plans meet this requirement.
The ADU Manual is a how-to-guide designed for homeowners who are not familiar with the development process or looking for information about ADUs. Contents of the ADU Manual include where to start, design considerations, ADU concepts and prototypes, implementation, glossary and resources.
Fee Waivers
Impact Fee Waiver
Pursuant to Senate Bill (SB) 13, effective January 1, 2020, through January 1, 2025, ADUs less than 750 square feet are not subject to impact fees and ADUs 750 square feet or larger are subject to impact fees proportional to the primary dwelling unit. On March 25, 2024, SB 477 was approved by the Governor, which made non-substantive changes and reorganized various provisions of State law relating to the creation and regulation of ADUs. Included was removal of an end date for impact fee waivers, effective January 1, 2025. Staff will update the City’s Impact Fee Schedule accordingly.
Permit Fee Waiver
To further incentivize ADUs, the City waived building permit fees for ADUs applied for between January 1, 2022, and December 31, 2026. This permit fee waiver excludes State surcharges for the Strong Motion Instrumentation Program (SMIP) and Green Building fees and does not apply to ADUs built to satisfy obligations under the City’s Inclusionary Zoning Regulations. Permit fees are waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed restricted as lower-income units for a period of 55 years. This results in savings of approximately $2,500 to $6,000 depending on the valuation of the ADU. The City Council may choose to further extend the provisions of the Permit Fee Waiver beyond December 31, 2026.
Marketing Efforts
The City launched an ADU webpage in 2021 as a one-stop-shop for information and resources to assist residents with building an ADU on their property. Two key features of the webpage include the permit-ready prototype plans and the ADU Manual. This webpage also includes a summary of the City’s efforts to incentivize ADUs, information on impact fee and permit fee waivers, and other resources. The City has posted articles about the ADU prototype plans and fee waivers in news briefs, annual newsletters and on social media sites. In addition, in April 2024, Staff participated in the Alameda County Assessor’s Office Homeowners Fair. Staff provided a presentation on building ADUs in Dublin, shared resources available to homeowners, including the prototype plans, ADU Manual, and fee waivers, and provided informational materials at the City’s booth.
Accessory Dwelling Unit Production
306
Since January 2022, the City has received 44 building permit applications for ADUs as shown in Table 1 below. Of the 44 applications, 40 received a permit fee waiver (39 were for ADUs that were less than 750 square feet, and one was larger than 750 square feet but was deed-restricted as a lower-income unit). The permit fees waived by the City total $166,009.
Permits were issued for 23 ADUs and impact fees were waived for 22 of those ADUs (21 ADUs were less than 750 square feet, one ADU was larger than 750 square feet and deed-restricted as a lower-income unit, and one ADU was larger than 750 square feet but not deed-restricted as a lower-income unit). Two applicants decided not to proceed with construction of their ADU after their permits were issued.
Table 1: ADU Building Permit Activity (January 2022 – November 2024) Status Number of ADUs
In Review 14
Under Construction 14
Completed 7
Cancelled or Expired 9
TOTAL 44
Usage of Prototype Plans
Since June 2022 when the permit-ready prototype plans were made available to the public, there have been 13 inquiries about the plans and four building permit applications that have been received using a prototype plan. One application is currently under review, one is currently under construction, and the remaining two were cancelled/expired.
In November 2024, Staff conducted a survey of the 44 homeowners/applicants that applied for an ADU since 2022 to ask if they considered using the prototype plans, and if they did not use them, what was the reason. Thirteen responses were received with respondents noting they did not use the plans either because they are not customizable and/or did not fit within the parameters of their property, they were already using a contractor, or they estimated that it would be more expensive to build a prototype plan and instead decided to build a prefabricated ADU as a less expensive option. In addition, some respondents did not know of the plans.
ADU Accelerator Program
Senator Glazer secured funding from the California Department of Housing and Community Development for an ADU Accelerator Program for cities in District 7. The purpose of the program is to increase the production of ADUs. Funds from the program can be used to create/update ADU prototype plans and to offer incentives to homeowners constructing ADUs through a program administered by the City. Funding is based on a per capita amount of $1.87 per resident. Dublin’s allocation is $186,353, including $50,000 for prototype plans and $136,353 for homeowner incentives. Staff has prepared an application to participate in the ADU Accelerator Program.
The City’s prototype plans will require updates to reflect Building Code amendments that will be effective on January 1, 2026. Funds from the Accelerator Program can help defray the City’s cost to 307
update the prototype plans. Incentives to homeowners are based on the size and affordability of the ADU they construct. Maximum incentives are provided to homeowners that agree to deed restrict their ADU to lower income households. Table 2 reflects the range of homeowner incentives.
Table 2: ADU Incentives
Next Steps
Staff will continue to promote the City’s efforts to facilitate the production of ADUs. Additionally, Staff will explore opportunities to improve the use of prototype plans, including a review of the plan types and opportunities to team up with other jurisdictions to maintain prototype plans in compliance with State law and current construction codes. Staff will submit the application to participate in Senater Glazer’s ADU Accelerator Program. Staff will return to the City Council in 2026 to discuss an extension of the building permit fee waiver program prior to its expiration.
STRATEGIC PLAN INITIATIVE:
Strategy 3: Housing Inclusivity and Affordability
Objective a: Implement the goals, policies, and programs in the 2023-2031 Housing Element.
Objective b: Support efforts to produce housing affordable at all levels of income.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
A DU Size Deed R estrictedNon-R estricted
Under 500 s.f. $15,000 $7,500
Under 750 s.f. $10,000 $5,000
Under 1,000 s.f. $5,000 $2,500
308
Accessory Dwelling Units
City Council Meeting
December 3, 2024
309
Overview
• City Council will receive a report on ADUs including:
– ADU Prototype Plans and Manual
– Impact and Building Permit Fee Waivers
– Marketing Efforts
– ADU Production
– ADU Accelerator Program
– Next Steps
310
Accessory Dwelling Unit Prototype Plans
• 8 different ADU prototype plans: 5 plans designed as detached, and 3 plans designed to convert a garage
• Include studios, one-bedroom and two-bedroom ADUs that range in size from 224 – 909 square feet
• 3 different architectural styles: Spanish, Traditional and Modern, to give homeowners options for choosing style, color, and materials most compatible with primary dwelling 311
ADU Prototype Plans and Manual
• Include floor plans, elevations, electrical and
plumbing plans, structural calculations, and
energy calculations
• Estimated to save homeowners
approximately $15,000 in
architectural/design services
• Assembly Bill 434 effective on January 1,
2025, requires cities to have preapproved
ADU plans
• City ADU Manual “how-to guide” for
building ADU/JADU
312
Fee Waivers
• Impact Fee Waiver: ADUs less than 750 SF are not subject to impact fees
– Effective January 1, 2025, SB 477 removes the end date for impact fee waivers and makes it permanent
• Building Permit Fee Waiver: January 1, 2022 – December 31, 2026 – Applies to ADUs less than 750 SF , or ADUs greater than 750 SF that are deed restricted as a lower income unit for 55 years
– Savings of approximately $2,500 to $6,000 depending on the valuation of ADU – City Council may choose to extend building permit fee waivers beyond December 31, 2026
313
Marketing Efforts
• City’s ADU webpage is a “one-stop-shop” for information and resources
• Posted articles about ADU prototype plans and fee waivers in news briefs, annual newsletters and on social media sites • April 2024, Staff participated in Alameda County Assessor’s Office Homeowners Fair and promoted the City’s ADU prototype plans and Manual, and impact and building permit fee waivers
314
ADU Production
ADU Building Permit Activity (Jan. 2022 – Nov. 2024)
• Permit Fee Waiver Received: 40 (39 ADUs less than 750 SF , one ADU greater than 750 SF but deed restricted as a lower income unit)
• Impact Fee Waiver Received: 22 (21 ADUs less than 750 SF , one ADU greater than 750 SF but deed restricted as a lower income unit)
Status Number of ADUs
In Review 14
Under Construction 14
Completed 7
Cancelled or Expired 9
TOTAL 44
315
Usage of Prototype Plans
• Since June 2022, 13 inquiries about prototype plans and four building permit applications received using a prototype plan:
– One application is currently under review, one is currently under construction, and remaining two were cancelled/expired
• In November 2024, Staff conducted survey of 44 homeowners/applicants that applied for an ADU since 2022 to understand why they did not use the prototype plans:
– 13 responses received:
• Not customizable/fit within parameters of property
• Already using a contractor
• Prototype plans were too expensive to build
• Not aware of plans
316
ADU Accelerator Program
• Senator Glazer secured funding from HCD for ADU
Accelerator Program
• Purpose is to increase production of ADUs
• Funds from program can be used to create/update ADU
prototype plans and offer incentives to homeowners
constructing ADUs
• Staff has prepared application to participate in ADU
Accelerator Program
317
Next Steps
• Promote City’s efforts to facilitate production of ADUs • Explore opportunities to improve use of prototype plans and work with other jurisdictions to maintain prototype plans in compliance with State law and current construction codes • Submit application to participate in ADU Accelerator
Program
• Staff will return to City Council in 2026 to discuss extension of building permit fee waiver program prior to its expiration 318
STAFF REPORT
CITY COUNCIL
Agenda Item 8.2
DATE: December 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT: Francis Ranch Parks – Conceptual Designs
Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator EXECUTIVE SUMMARY:
The City Council will consider the conceptual plans for each of the two 5.5-acre Francis Ranch neighborhood parks.
STAFF RECOMMENDATION:
Receive the presentation and approve the conceptual designs for the Francis Ranch neighborhood parks.
FINANCIAL IMPACT:
There is no financial impact associated with this item. On June 25, 2024, the City Council approved the Park Improvement Agreement with TH East Ranch Dublin, LLC (Developer) to complete the design and construction of the parks. The Agreement included an estimated cost of $9,814,321 to design and construct the parks. The Agreement allows the Developer to receive fee credits up to the amount allowed in the Public Facility Fee Program. After the approval of the Agreement, the Developer agreed to augment the project budget by $800,000 to cover the cost of two potable water meters to serve the irrigation needs of each park.
DESCRIPTION:
The Francis Ranch development (formerly known as East Ranch) is located north of Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano development, and adjacent to the City’s eastern city boundary. The development is being subdivided into six neighborhoods and two public parks. The developer is collaborating with Staff to facilitate the design and construction of two new 5.5-acre parks, the Northern Park and the Southern Park.
Concept plans for both parks are provided as Attachment 1. 319
Community Input Process
The Community Input Process for the two parks included collecting feedback from the community (the Listening Phase), developing two conceptual plans for each park (the Interpretation Phase), and adjusting the plans and receiving recommendations from the Parks and Community Services Commission (the Refining Phase). The Community Input Process concludes upon approval of the concept plans by the City Council.
Listening Phase
In early August 2024, Staff provided direct mail communications to over 900 households in neighborhoods surrounding the future parks, e-mail communications to the Parks and Community Services Department’s recreation software mailing list, and the City’s Eastside Park Development e-mail subscription lists to receive community input. Additional communications included postings in the City’s Backyard Brief, social media platforms, and notifications to Dublin youth/adult sports organizations. The communications included links to a survey and an invitation to participate in an online community meeting. As a result of the public outreach, the City received over 250 responses to the survey, and four residents participated in the September online meeting. Survey #1 results are provided in Attachment 2.
Interpretation Phase
The feedback from the online meeting and survey were analyzed, and two concept plans for each park were developed. The second engagement with the public occurred during the City’s Splatter event on September 14, 2024, and over 175 community members visited the project booth. After Splatter, a second survey was sent to those who responded to the first survey, and 165 responses were received. The combined outreach resulted in 340 participants who provided verbal and written feedback regarding their preferences for the parks. Survey #2 results are provided in Attachment 3.
At the conclusion of this portion of the community input process, the Northern Park Concept B received 184 votes and Concept A received 156 votes. The Southern Park Concept A received 195 votes and Concept B received 143. In addition, the survey provided three park themes for survey participant consideration. The theme of Exploration (of self, world, ideas) received 206 votes, the Elemental Universe theme received 74 votes, and the Ranch theme received 70 votes. Additional information from the survey results will help inform what play equipment is selected when the project moves into the design development stage.
Refinement Phase
Staff, the Developer, and the design team, Gates and Associates, further refined the park designs based on the public input and the concept plan cost estimates. The key change in the Northern Park was to shift the trees from the center of the main walk to alongside the walk. In the Southern Park, the main change was consolidating the tennis and pickleball courts into a shared court system to keep estimated project costs within the approved budget. The tennis-pickleball courts were also relocated to increase the distance from planned residences and reduce potential noise impacts from the courts.
To integrate the Exploration theme, each park design will highlight a specific geographic area related to exploration. The Northern Park concept design proposes “Exploring California” to 320
showcase the diverse landscapes and rich history of the state. The Southern Park concept design proposes “Exploring the Bay Area” which highlights the unique cultural and natural features that define the region. Both proposed concept plans include photographs to illustrate how the Exploration theme could be included in the future detailed design plans for each park (Attachment 3).
The Northern Park concept plan includes the following amenities:
Reservable picnic area with shade elements and BBQ
Fitness stations
Playgrounds for ages 2 to 5 years and 5 to 12 years
Dog park
Meditation garden
Grass area for free play
Interior pathways for circulation and exercise
Restroom
The Southern Park concept plan includes the following amenities:
One multi-use court (one tennis court with an overlay of four pickleball courts) One basketball court
Two bocce courts
Picnic tables and shade elements adjacent to multi-use court Reservable picnic area with shade elements and BBQ
Playgrounds for ages 2 to 5 years and 5 to 12 years
Pollinator garden
Grass area for free play
Interior pathways for circulation and exercise
Restroom
At the November 18, 2024 Parks and Community Services Commission meeting, the Commission recommended approval of both the North Park and South Park concept plans without any modifications.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted and was e-mailed to the individuals who participated in the public meetings.
321
ATTACHMENTS:
1) Francis Ranch Parks Concept Plans
2) Community Survey Results
3) Design Survey Results
322
PROJECT NAME LOCATION, CALIFORNIA
DATE
FRANCIS RANCH PARKS DUBLIN, CALIFORNIA
OCTOBER 2024
0 15’ 30’ 60’
1 11
16 12
17 13
18 14
2 6
3 7
4 8
5 9
10 15
Play Area
Central Green
Drycreek Arroyo
Walkways and Trails
Restroom w/Drinking Fountain
Shade Structure
Shade Trees
Street Trees
Dog Park
Ornamental Fence
Connection To Fallon Village Regional Trail
Fitness Equipment
Park Sign
BBQ Area
Overlook
Flex Space
Meditation Garden
1JDOJD"SFB
LEGEND
3 11
1 4
4 5
9 10
15 12
2 8
7 6
14 13
1
17 16
16 3
3 3
3 4
7 THEME- &91-03"5*0/ CALIFORNIA
/035)&3/1"3,&9)*#*5$0/$&15#
$WWDFKPHQW
323
PROJECT NAME LOCATION, CALIFORNIA
DATE
FRANCIS RANCH PARKS DUBLIN, CALIFORNIA
OCTOBER 2024
SOUTHERN PARK EXHIBIT CONCEPT-A
1 11
12 13
14 2
6 3
7 4
8 5
9 10
LEGEND
Play Area
Central Green
Drycreek Arroyo
Walkways and Trails
Restroom w/Drinking Fountain
Shade Structure
Bocce Courts (2)
Basketball Full Size Court
Tennis Courts ( ) + Pickleball Courts (4)
Pollinator Garden
Street Trees
Shade Trees
Park Sign
BBQ Area
Overlook
Flex Space
DG Walkway
6 3
3 13
14 4
4 4
4 1
7 5
8 9
10 17
2 11
11 12
12 3
3 3
3 16
17 15
15 16
16 THEME- &91-03"5*0/ BAY AREA
324
The Parks at Francis Ranch Community Survey
38.81% 104
26.12% 70
22.76% 61
12.31% 33
Q1 How far from the future parks do you live, work, or go to school? Select one (1) option.
Answered: 268 Skipped: 0
TOTAL 268
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
More than two
miles away
Within two
miles
Within 1/2 mile
Within one mile
ANSWER CHOICES RESPONSES
More than two miles away
Within two miles
Within 1/2 mile
Within one mile
Attachment 2
325
The Parks at Francis Ranch Community Survey
47.01% 126
32.09% 86
10.45% 28
8.21% 22
2.24% 6
Q2 How often do you currently visit your local parks? Select one (1) option or write your response in 'Other.'
Answered: 268 Skipped: 0
TOTAL 268
# OTHER (PLEASE SPECIFY) DATE
1 When I have a dog, every day 8/18/2024 10:05 AM
2 Multiple sports 8/7/2024 5:38 PM
3 Almost weekly 8/3/2024 12:11 PM
4 Multiple times a week 8/1/2024 2:10 PM
5 Rarely 8/1/2024 12:38 PM
6 Couple of times in a week 8/1/2024 12:02 PM
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Weekly
Daily
Monthly
A few times a
year
Other (please
specify)
ANSWER CHOICES RESPONSES
Weekly
Daily
Monthly
A few times a year
Other (please specify)
326
The Parks at Francis Ranch Community Survey
67.91% 182
14.55% 39
5.60% 15
5.60% 15
3.73% 10
1.49% 4
1.12% 3
Q3 Which category best describes your household? Select one (1) option.
Answered: 268 Skipped: 0
TOTAL 268
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Couple with
children at
home
Couple, no
children
Couple,
children no
longer at home
Multi-generatio
nal home
Single, no
children
Single,
children no
longer at home
Single with
children at
home
ANSWER CHOICES RESPONSES
Couple with children at home
Couple, no children
Couple, children no longer at home
Multi-generational home
Single, no children
Single, children no longer at home
Single with children at home
327
The Parks at Francis Ranch Community Survey
37.16% 97
33.72% 88
27.20% 71
27.20% 71
Q4 Please select the age ranges of any children under age 18 in your household. Select all that apply.
Answered: 261 Skipped: 7
Total Respondents: 261
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
6-11 years old
0-5 years old
12-17 years old
I do not have
any children in
my household
ANSWER CHOICES RESPONSES
6-11 years old
0-5 years old
12-17 years old
I do not have any children in my household
328
The Parks at Francis Ranch Community Survey
Q5 Which active park amenities would you like to see in the future Francis Ranch parks? Select your top three (3) options or write your response in 'Other.'
Answered: 268 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Play structures
Pickleball
court
Multi-use
practice field
Basketball
court
Fitness
equipment
Tennis court
Other (please
specify)
Bocce court
329
The Parks at Francis Ranch Community Survey
61.94% 166
50.75% 136
44.03% 118
40.67% 109
37.31% 100
32.46% 87
19.78% 53
16.04% 43
Total Respondents: 268
# OTHER (PLEASE SPECIFY) DATE
1 Hi 8/18/2024 10:02 AM
2 Pool 8/17/2024 7:05 PM
3 Add a body of water 8/17/2024 9:27 AM
4 Badminton courts 8/16/2024 7:48 AM
5 Golf course 8/16/2024 4:49 AM
6 Splash Pads 8/15/2024 10:27 PM
7 Dog park 8/15/2024 3:22 AM
8 No 8/14/2024 11:31 PM
9 Grass Volleyball court 8/14/2024 10:52 PM
10 Water play and sand play area for kids. 8/14/2024 9:27 PM 11 Garden/tree grove 8/14/2024 8:25 PM
12 Pool 8/14/2024 8:17 PM
13 Badminton/volleyball courts 8/14/2024 7:45 PM
14 Futsal court! It is a growing sport with huge demand 8/14/2024 7:34 PM 15 Official track field open to the public for running 8/14/2024 7:25 PM 16 Volleyball Outdoor Court (not sand, outdoor sport court tile) 8/14/2024 7:21 PM 17 Picnic grills and benches 8/13/2024 12:33 PM
ANSWER CHOICES RESPONSES
Play structures
Pickleball court
Multi-use practice field
Basketball court
Fitness equipment
Tennis court
Other (please specify)
Bocce court
330
The Parks at Francis Ranch Community Survey
18 Dog park 8/11/2024 7:55 PM
19 Swimming Pool 8/11/2024 11:11 AM
20 Since Dublin loves it’s Veterans, how about something U.S. Veteran oriented? 8/11/2024 12:35 AM 21 Pool 8/9/2024 10:31 AM
22 Flag Football field. Soon to be in the Olympics. 8/9/2024 12:51 AM 23 splash pad 8/8/2024 2:31 PM
24 Baseball fields 8/7/2024 5:38 PM
25 Water feature 8/7/2024 12:53 PM
26 Water park 8/5/2024 9:41 PM
27 MORE TENNIS COURTS NOT PICKLEBALL ITS A FAD 8/5/2024 9:34 PM 28 trees! BIG trees! MORE trees! 8/5/2024 12:58 PM
29 picnic area 8/4/2024 7:10 PM
30 Sitting area in many spots so parents and grandparents can sit and watch their children play, drinking water, and toilet
8/3/2024 12:11 PM
31 Splash pad or water play 8/3/2024 10:08 AM
32 Splash pad/ sandbox 8/2/2024 7:05 PM
33 Large dog park(s). 8/2/2024 5:28 PM
34 Bike Park/ Pump track/ a REAL dog park 8/2/2024 3:24 PM 35 Small water feature like downtown Livermore 8/2/2024 3:11 PM 36 Shade 8/2/2024 1:57 PM
37 Shade! We REALLY need legitimate shade over the parks. And more seating for adults near the play equipment.
8/2/2024 11:22 AM
38 Baseball field 8/2/2024 10:21 AM
39 please include SUBSTANTIAL plans for shaded play areas. Most of Dublin’s new parks are beautiful but offer too little shade!
8/2/2024 10:09 AM
40 natural open space with trails 8/2/2024 8:38 AM
41 Picnic areas 8/2/2024 7:37 AM
42 Splash pad 8/2/2024 12:05 AM
43 Skate park 8/1/2024 10:27 PM
44 Walking trail around a lake or pond that motivates going out to walk and relax/sit without having to engage in a specific activity per se.
8/1/2024 9:51 PM
45 Zip line 8/1/2024 9:10 PM
46 Splash pad 8/1/2024 9:06 PM
47 Cricket cages 8/1/2024 8:53 PM
48 Garden or lake 8/1/2024 7:15 PM
49 Badminton court, ping pong table, racket ball, swimming pool 8/1/2024 6:37 PM 50 Dog park 8/1/2024 4:32 PM
51 Dog park, badminton court 8/1/2024 4:22 PM
52 Community garden plots 8/1/2024 3:33 PM
53 Skateboard park 8/1/2024 2:00 PM
331
The Parks at Francis Ranch Community Survey
30.77% 80
28.46% 74
15.77% 41
15.38% 40
9.62% 25
Q6 What is your preference for tennis and pickleball courts? Select one (1) option.
Answered: 260 Skipped: 8
TOTAL 260
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Dual-striped
tennis/pickleba
ll courts
Dedicated
pickleball
courts
Dedicated
tennis courts
No preference
I would prefer
not to include
tennis or...
ANSWER CHOICES RESPONSES
Dual-striped tennis/pickleball courts
Dedicated pickleball courts
Dedicated tennis courts
No preference
I would prefer not to include tennis or pickleball courts. 332
The Parks at Francis Ranch Community Survey
Q7 What type of play features would you like to see included in the play structure design? Select your top three (3) options or write your response in 'Other.'
Answered: 253 Skipped: 15
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Sliding
Climbing
Swinging
Brachiating
(monkey bars or
similar)
Spinning
Music play
Rocking
Other (please
specify)
333
The Parks at Francis Ranch Community Survey
72.33% 183
66.01% 167
58.10% 147
43.08% 109
34.78% 88
32.02% 81
20.16% 51
6.72% 17
Total Respondents: 253
# OTHER (PLEASE SPECIFY) DATE
1 Include adult options 8/17/2024 7:05 PM
2 Zip line 8/15/2024 3:45 PM
3 Zip line 8/15/2024 3:09 PM
4 Water and sand 8/14/2024 9:27 PM
5 Shaded sandbox 8/14/2024 7:30 PM
6 soccer field 8/7/2024 10:17 PM
7 Rock climbing 8/7/2024 12:53 PM
8 climbing, but not like the one pictured 8/5/2024 12:58 PM 9 Marry-go-round 8/3/2024 12:11 PM
10 Zip lines, Bounce bags (Jollystone park on the Delta), and BIG slides 8/2/2024 3:24 PM 11 Zip line 8/2/2024 10:41 AM
12 Reiterating my request for SUBSTANTIAL shaded play areas. The summer sun is too strong for little kids!
8/2/2024 10:09 AM
13 None 8/2/2024 9:37 AM
14 options for small toddlers and single use play items 8/2/2024 8:38 AM 15 Water play structure - similar to Emerald Glen Park 8/1/2024 10:27 PM 16 Splash pad, water park 8/1/2024 4:22 PM
ANSWER CHOICES RESPONSES
Sliding
Climbing
Swinging
Brachiating (monkey bars or similar)
Spinning
Music play
Rocking
Other (please specify)
334
The Parks at Francis Ranch Community Survey
17 Magic playground/all inclusive 8/1/2024 3:33 PM
335
The Parks at Francis Ranch Community Survey
Q8 Which passive park amenities would you like to see included in the park designs? Select your top three (3) options.
Answered: 268 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Walkways and
trails
Picnic
tables/area
Relaxation area
Multi-use plaza
Public art
Fenced dog area
Barbeques
Other (please
specify)
336
The Parks at Francis Ranch Community Survey
86.57% 232
75.00% 201
44.78% 120
44.40% 119
30.22% 81
27.61% 74
25.37% 68
3.36% 9
Total Respondents: 268
# OTHER (PLEASE SPECIFY) DATE
1 Hammocks 8/16/2024 3:59 PM
2 Hall for rental 8/14/2024 8:17 PM
3 More shaded areas 8/14/2024 7:45 PM
4 Shade 8/9/2024 10:31 AM
5 Waterfalls; lake; stream; etc. 8/2/2024 5:28 PM
6 Shade! And seating 8/2/2024 11:22 AM
7 Shaded area 8/1/2024 10:11 PM
8 Doggie swimming pool 8/1/2024 6:37 PM
9 Pool 8/1/2024 3:59 PM
ANSWER CHOICES RESPONSES
Walkways and trails
Picnic tables/area
Relaxation area
Multi-use plaza
Public art
Fenced dog area
Barbeques
Other (please specify)
337
The Parks at Francis Ranch Community Survey
41.67% 105
27.78% 70
20.63% 52
9.92% 25
Q9 What configuration would you prefer for a fenced dog area? Select one (1) option.
Answered: 252 Skipped: 16
TOTAL 252
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Separate
spaces for
large and sm...
I would prefer
not to include
a fenced dog...
No preference
Single shared
space for dogs
of all sizes
ANSWER CHOICES RESPONSES
Separate spaces for large and small dogs
I would prefer not to include a fenced dog area.
No preference
Single shared space for dogs of all sizes
338
The Parks at Francis Ranch Community Survey
Q10 Please rank the following potential park themes in order of preference, with 1 being the theme you like most and 3 being the theme you like least. Use the arrows or click and drag the theme options to change the order.
Answered: 247 Skipped: 21
55.06%
136
29.15%
72 15.79%
39 247 2.39
18.22%
45 51.42%
127
30.36%
75 247 1.88
26.72%
66 19.43%
48 53.85%
133 247 1.73
0 1 2 3 4 5 6 7 8 9 10
Elemental
Universe
(sound, ligh...
Exploration
(of the self,
of the world...
Ranch
(inspired by
local Dublin...
1 2 3 TOTAL SCORE
Elemental Universe (sound, light, time, space, air, fire, water, earth) Exploration (of the self, of the world, of ideas)
Ranch (inspired by local Dublin ranching history)
339
The Parks at Francis Ranch Community Survey
Q11 Are there any other park themes you think might be appropriate? If so, please explain.
Answered: 34 Skipped: 234
# RESPONSES DATE
1 Elemental universe 8/15/2024 4:27 PM
2 Include water related activities/ structures that children can use during summer months 8/15/2024 1:03 PM 3 Lighted tennis courts 8/15/2024 6:27 AM
4 Exploration 8/15/2024 3:36 AM
5 Bench areas around play structure are needed for parents to watch the kids. 8/14/2024 10:48 PM 6 Pls add some kind of water feature 8/14/2024 10:38 PM 7 Lot of trees and greenery 8/14/2024 10:14 PM
8 Character themes are really popular and kids love them. 8/14/2024 1:40 PM 9 Kids outdoor workout structures 8/8/2024 8:17 AM
10 Mabey Since its named Future it could have modern Play sets 8/5/2024 9:49 PM 11 Science and technology, art 8/5/2024 9:41 PM
12 Not sure, but the three themes shown are awful. Why must there be a theme? I want to see LARGE trees and trails and space to play a pickup game of soccer. 8/5/2024 12:58 PM
13 N/a 8/2/2024 7:05 PM
14 History of Indigenous Californians 8/2/2024 5:28 PM
15 More trees and exercise equipment. I don’t understand why we don’t have some of this outdoor equipment in parks that they do in some of the Asian countries. Not just one piece of equipment, but I’m talking multiple pieces of equipment. Also, these wide-open spaces of just grass are wasted. We need to plant more trees, they help with climate control. It’s the easiest and fastest thing we can do.
8/2/2024 5:16 PM
16 As long as the development of the play theme excites the imagination of the child anything can be successful.
8/2/2024 3:24 PM
17 Throw a shamrock in here or there. 8/2/2024 3:11 PM
18 n/a 8/2/2024 1:32 PM
19 Agricultural and ranch lands animals. 8/2/2024 11:11 AM 20 NA 8/2/2024 11:10 AM
21 We need park near Dublin Heritage park, there is no walkable park near by that have play structure
8/2/2024 10:48 AM
22 They all sound good. 8/2/2024 10:41 AM
23 Any use for the community to gather and spend time in the outdoors. But please no more dog parks in Dublin - focus on children and families.
8/2/2024 10:23 AM
24 Old town western theme , pioneer days , wagon ride type of stuff. 8/2/2024 10:19 AM 25 Just a regular park nothing fancy 8/2/2024 8:43 AM
26 Nature theme - similar to Outlook playground at Presidio Tunnel Tops. The use of nature theme allows residents to escape the feel of an urban jungle (with all the new houses and structures). 8/1/2024 10:27 PM
340
The Parks at Francis Ranch Community Survey
27 Multi cultural theme 8/1/2024 6:52 PM
28 Japanese garden - cherry blossom trees (would be nice to have a cherry blossom festival in the future)
8/1/2024 6:37 PM
29 Add a small water park. 8/1/2024 5:09 PM
30 N/a 8/1/2024 4:32 PM
31 Nature, relaxation 8/1/2024 3:36 PM
32 Environmental sustainability 8/1/2024 12:38 PM
33 Would love to have 4 - 8 dedicated pickleball courts with lights and windscreens. 8/1/2024 11:59 AM 34 Dedicated 4-8 pickleball courts with overhead cover and open sides, each court have a short fence separation. Lighted with timers.
8/1/2024 11:50 AM
341
The Parks at Francis Ranch Community Survey
Q12 Do you have any other ideas or comments you would like to share about the future Francis Ranch parks?
Answered: 72 Skipped: 196
# RESPONSES DATE
1 Body of water such as a fountain, pond or lake. 8/17/2024 8:10 PM 2 A body of water would be nice 8/17/2024 9:27 AM
3 Maybe something with water for kids to get wet for summer. 8/16/2024 3:59 PM 4 Zip lines 8/15/2024 10:37 PM
5 Please add another large splash pad similar to emerald glen park! 8/15/2024 10:27 PM 6 Swimming lanes 8/15/2024 8:17 PM
7 No 8/15/2024 4:27 PM
8 Trees for more shade 8/15/2024 3:45 PM
9 Ability to reserve tennis courts 8/15/2024 6:27 AM
10 Provide shaded areas near playground 8/15/2024 3:36 AM 11 Lack of trees and shade in Positano Park and Fallon Sports Park affects park use in Summer months. Dublin Sports Grounds has the best shade. Choice of trees planted is vastly superior to recently built ones. Play structures used in Don Biddle is worst as kids routinely get hurt.
Their play structures is suited for male kids who can handle dare and roughness. 8/14/2024 10:48 PM
12 No fenced dog park pls 8/14/2024 10:38 PM
13 Grow lot of trees and greenery 8/14/2024 10:14 PM
14 It is very important that you SEPARATE tennis courts from pickleball courts. There are not enough tennis courts in the east bay and pickleball has taken over and caused a huge problem for devoted tennis players. The city of Dublin made a big mistake at Don Biddle park by declaring that you could play pickleball on the tennis courts. You completely ruined them with distracting lines, and caused huge arguments between residents because of the confusing and contradictory rules on your website. Tennis players have been losing their tennis courts to cities and clubs which are replacing tennis courts with pickleball courts, or by painting distracting and frustrating extra lines on them. THIS ISN’T FAIR!!! Build more tennis courts, and stop letting pickleballers play on them. You’re hurting tennis players. While pickleball can be played on a tennis court, tennis can’t be played on a pickleball court, so it’s so unfair that tennis courts are being taken away all over the country just because this game suddenly became popular. It will die out soon enough and then you’ll regret spending money on pickle courts. Build tennis courts. We are tired of pickleball taking over our REAL sport. 8/14/2024 9:28 PM
15 It’s always a joy to see some native vegetation preserved and an emphasis on nature, trees, and wild things, rather than fake manicured lawns, metal structures, and concrete. Mental health is more important than ever, and I look forward to the day when cites provide us with beautiful & wild places to have picnics with friends, rather than a blank expanse of manicured lawn that no one lingers in without a purpose.
8/14/2024 8:25 PM
16 Zip lines, engaging for ALL ages. Actual slides, swings 8/14/2024 8:17 PM 17 The Don Biddle park has become one of our favorites. The mix of wild and maintained greenery and variety of elevation give it a lot of interest and makes you easily forget that it’s located along a busy road. Additionally, having a lot of spaced out grass areas for different uses and lots of trees along the pathways are really great features. I really hope the future Francis Ranch parks incorporate these same characteristics. 8/14/2024 7:55 PM
18 I really think a dedicated futsal court would be awesome for one of these future parks. 8/14/2024 7:34 PM 342
The Parks at Francis Ranch Community Survey
19 More shade on the playgrounds and a shaded sandbox would be so nice 8/14/2024 7:30 PM 20 More pickleball courts 8/14/2024 7:28 PM
21 Outdoor Volleyball Court (not sand) would be able to best serve the Dublin volleyball community. Additionally, with mobile volleyball nets, the court could be used for additional activities (ie fitness classes).
8/14/2024 7:21 PM
22 Shaded area for children and Adults to enjoy. Fanced Dogs park, if necessary. Children can't play freely around Dogs.
8/12/2024 12:42 PM
23 Please have the parks done first before you get the houses built by the developer. We would NOT want a situation like the current Jordan Ranch Neighborhood square where 8+years on we still DO NOT have a neighborhood park we can walk to.
8/11/2024 12:12 PM
24 We do not have a swimming pool in any of these housings. It will be great to have that option.
Even with a nominal paid membership for maintenance.
8/11/2024 11:11 AM
25 Having a flag football field will bring a lot of awareness to the sport and we will be on the forefront of the movement instead of behind.
8/9/2024 12:51 AM
26 More trees, more trees and more trees that can grow into tall large trees for natural shade and natural ambience.
8/8/2024 8:42 PM
27 I'd like to see features that are unique, ideally not the same things as every other park in Dublin, they start to feel all the same and bland
8/8/2024 2:31 PM
28 Please 2 or 3 more lighted tennis courts and 4 more pickleball courts 8/8/2024 8:17 AM 29 City sports are highly constrained and need consideration for installation of more fascilities for baseball, softball and soccer
8/7/2024 5:38 PM
30 Bathroom at the park would be nice 8/6/2024 4:28 AM
31 Please Make monkey Bars 8/5/2024 9:49 PM
32 Pool 8/5/2024 9:41 PM
33 Please no more pickleball, we need more dedicated tennis courts in Dublin 8/5/2024 9:34 PM 34 I can't stress the need for greenery and trees enough. Trees should provide a nice shady walk or rest area. A grove of trees, NOT the spindly Dublin trees that the City calls trees. BIG trees in clusters on the south side.
8/5/2024 12:58 PM
35 Please have more shade 8/3/2024 7:43 PM
36 Wider sidewalks so us wheelchair users don’t have to crush each other while going to opposite different directions. Toilets should be in each ends so that children don’t have to run from one end to the other for their potty time Create more accessible play areas play things it will make all welcome . Planting trees is very important for healthy and natural shades 8/3/2024 12:11 PM
37 Please think of a way to provide shade for play structures. It gets so hot in the tri valley area and play structures are not usable under the extreme heat without shade. (For ex. Don biddle park playground)
8/3/2024 10:08 AM
38 The play area should have a canopy to protect kids from sun and to mitigate excessive temperatures of the play structures.
8/3/2024 9:57 AM
39 It would be great to have an area with signs up showing the animals that live in the area for children/adults to learn about. I would love to have an area with bricks or similar that Dublin residents could purchase as a fundraiser for community enrichment programs. 8/3/2024 8:53 AM
40 Bike racks 8/3/2024 7:24 AM
41 More grass and trees 8/2/2024 8:42 PM
42 Fitness equipment can also include a lot of heights for pull-ups/pushups/ assistance with bodyweight workouts
8/2/2024 7:05 PM
43 Please make it a much greater priority to keep restrooms clean daily at future Francis Ranch parks in addition to all our many parks throughout City of Dublin. Thank you. 8/2/2024 5:28 PM
343
The Parks at Francis Ranch Community Survey
44 Shade is critical- size the structure so the tables actually receive shade and parents supervising children have a shade. Digital working area for parents- Power outlets and Wifi.
Maintainable landscape for the City that doesn't die and never gets replaced. minimize unused lawn areas. Dog park that is NOT on a crazy slope like Dougherty Dog Park. Big embankment slides like Junipero Serra Park, Codornices Park, Seward Park, etc.. Older kids like action. No post / platform standard off the shelf play equipment. Sand/ Water play - https://www.richter- spielgeraete.de/ , Goric, etc... the cool stuff.
8/2/2024 3:24 PM
45 Add a plaque stating the history the ground in which you are standing. 8/2/2024 3:11 PM 46 Please please please have significant amounts of shade beyond only picnic tables under some light shade. Lots of trees (they have shade)
8/2/2024 1:57 PM
47 n/a 8/2/2024 1:32 PM
48 Please please add shade and seating. Many of us would use our parks more if there was more legitimate shade and seating for the adults. It is physically uncomfortable to be at many/most of the Dublin parks
8/2/2024 11:22 AM
49 It would be nice to have historical information panels on site to explain Dublin's agricultural (and this area's) past.
8/2/2024 11:11 AM
50 NA 8/2/2024 11:10 AM
51 We need park near Dublin Heritage park, there is no walkable park near by that have play structure
8/2/2024 10:48 AM
52 Community garden? 8/2/2024 10:41 AM
53 Please, please include a 90' baseball field on one of the parks. We currently only have one in the city.
8/2/2024 10:21 AM
54 it would be so relaxing if our town had an area where they had little boat rides on a little river. not for swimming like a lazy river, but just to ride for fun. maybe some restaurants near by you could ride to, and lit up at night.
8/2/2024 10:19 AM
55 I love the development of so many neighborhood parks in Dublin and look forward to visiting these new parks with my kids. We love spending time outdoors and we really need better shaded areas so kids’ sensitive skin can get a break from the hot summer sun in the area. A strongly shaded area would be beneficial to many users of the parks! Consider shade structures like the one over the picnic area at Big Trees Park in Livermore. Not the flimsy triangle shades that don’t provide enough UV protection 8/2/2024 10:09 AM
56 MCE and Public Works department are doing an incredible job and deserve alot more credit! 8/2/2024 8:43 AM 57 I am a current highschooler at the new and upcoming Emerald High School! It is amazing that dublin is thinking of adding more parks to east dub! One suggestion, I and a lot of my friends and people we know around us love biking, ebiking/mountainbiking and going on road and off road trails— if there is an addition you can do to do the park like a mini trail (not really dirt trail) it would be amazing! Also, I would love to have seperate pickleball AND tennis ball courts!! 8/2/2024 4:03 AM
58 Would be amazing if the playground had the swing sets that allowed parents to swing with their child (parent on one end, child on other)
8/2/2024 12:05 AM
59 Perhaps expanding the Farmer's market to the future Francis Ranch Parks will ease the congestion at Emerald Glen Park now, and also allowing residents of Dublin East area (Francis Ranch included) another option for Farmer's market.
8/1/2024 10:27 PM
60 Install shade on the play ground is a must. 8/1/2024 9:49 PM 61 Adult and child swing. 8/1/2024 8:54 PM
62 Lake 8/1/2024 7:15 PM
63 More tree variety would be nice. Willows, cherry blossoms, etc 8/1/2024 6:51 PM 64 I am looking forward to see some indoor sports, such as badminton, ping pong, racket ball, indoor rock climbing, indoor pool and a gym. I’m also looking forward to see a big/small dog park and mini golf. Something unique. Also I would like to see some unique trees, such as cherry blossoms or seasonal fruit trees, so we can have some interesting festivals and parades. Thank you.
8/1/2024 6:37 PM
344
The Parks at Francis Ranch Community Survey
65 Hope tennis courts have lights 8/1/2024 6:27 PM
66 Please include a parent and child swing like the one at Imagine Playground. Burke equipment is wonderful and durable.
8/1/2024 5:46 PM
67 Lots of shade spots for the summer time. 8/1/2024 5:09 PM 68 I used to live in Irvine and LOVED the Bill Barber Memorial Park. The garden was beautiful in the spring and summer, I would love to see something similar with wisterias for our parks here.
They also had picnic shelters which I saw constantly rented out for parties on the weekends when I walked my dog around the park. It was such a lively and well rounded park that could be a great inspiration.
8/1/2024 5:00 PM
69 Please add plenty of shaded areas 8/1/2024 4:22 PM
70 Please make upscale park with amenities for both children and adults. 8/1/2024 3:23 PM 71 Dedicated and covered pickleball courts is the need of the times. 8/1/2024 12:02 PM 72 Ziplines 8/1/2024 11:51 AM
345
The Parks at Francis Ranch Design Survey
Which is your PREFERRED DESIGN for the Northern Park? Select one (1) option.
Answer Choices Responses Pop-Up Survey TOTAL
Concept B 54.12% 87 97 184
Concept A 45.88% 88 68 156
Answered 175 165 340
Skipped 8 8
0 Concept B Concept A
40.00%
42.00%
44.00%
46.00%
48.00%
50.00%
52.00%
54.00%
56.00%
Which is your PREFERRED DESIGN for
the Northern Park? Select one (1) option.
Responses
Attachment 3
346
The Parks at Francis Ranch Design Survey
Which is your PREFERRED DESIGN for the Southern Park? Select one (1) option.
Answer Choices Responses Pop Up Survey TOTAL
Concept A 57.69% 88 107 195
Concept B 42.31% 87 56 143
Answered 175 163 338
Skipped 10 10
Concept A Concept B
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
Which is your PREFERRED DESIGN for
the Southern Park? Select one (1) option.
Responses
347
The Parks at Francis Ranch Design Survey
What is your PREFERRED THEME? Select one (1) option.
Answer Choices Responses Pop Up Survey TOTAL
Exploration (of the self, of the world, of ideas) 58.86% 126 80 206 Elemental Universe (sound, light, time, space, air, fire, water, earth) 21.14% 36 38 74 Ranch (inspired by local Dublin ranching history) 20.00% 23 47 70 Answered 185 165 350
Skipped 8 8
Exploration (of the self,
of the world, of ideas)
Elemental Universe
(sound, light, time,
space, air, fire, water,
earth)
Ranch (inspired by local
Dublin ranching history)
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
What is your PREFERRED THEME?
Select one (1) option.
Responses
348
The Parks at Francis Ranch Design Survey
What is your preferred style of SLIDING FEATURE for the play areas? Select one (1) choice.
Answer Choices
Spiral/corkscrew 50.00% 76
Straight chute 27.63% 42
Tunnel 22.37% 34
Answered 152
Skipped 21
Responses
Spiral/corkscrew Straight chute Tunnel
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
What is your preferred style of SLIDING
FEATURE for the play areas? Select one
(1) choice.
Responses
349
The Parks at Francis Ranch Design Survey
What is your preferred style of CLIMBING FEATURE for the play areas? Select one (1) choice.
Answer Choices
Climbing wall 50.00% 77
Net 32.47% 50
Spinner 17.53% 27
Answered 154
Skipped 19
Responses
Climbing wall Net Spinner
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
What is your preferred style of CLIMBING
FEATURE for the play areas? Select one
(1) choice.
Responses
350
The Parks at Francis Ranch Design Survey
What is your preferred style of SWINGING FEATURE for the play areas? Select one (1) choice.
Answer Choices
Belt swing 72.73% 112
Inclusive swing 22.08% 34
Bucket swing 5.19% 8
Answered 154
Skipped 19
Responses
Belt swing Inclusive swing Bucket swing
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
What is your preferred style of
SWINGING FEATURE for the play
areas? Select one (1) choice.
Responses
351
The Parks at Francis Ranch Design Survey
What is your preferred style of BALANCING FEATURE for the play areas? Select one (1) choice.
Answer Choices
Logs 44.52% 69
Beams 29.68% 46
Pods 25.81% 40
Answered 155
Skipped 18
Responses
Logs Beams Pods
0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
30.00%
35.00%
40.00%
45.00%
50.00%
What is your preferred style of
BALANCING FEATURE for the play
areas? Select one (1) choice.
Responses
352
The Parks at Francis Ranch Design Survey
What FITNESS EQUIPMENT options would you prefer in the Northern Park? Select your top four (4) choices.
Answer Choices
Chest/Back Press 50.00% 78
Row/Push-Up 50.00% 78
Stretch 48.08% 75
Ab Crunch / Leg Lift 45.51% 71
Plyometrics 44.23% 69
Parallel Bars 35.90% 56
Balance Steps 28.85% 45
Mobility 23.72% 37
Answered 156
Skipped 17
Responses
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
What FITNESS EQUIPMENT options
would you prefer in the Northern Park?
Select your top four (4) choices.
Responses
353
The Parks at Francis Ranch Design Survey
What configuration would you prefer for FITNESS EQUIPMENT in the Northern Park? Select one (1) option.
Answer Choices
All equipment grouped together in one location 78.21% 122 Equipment located in different areas around the park 21.79% 34 Answered 156
Skipped 17
Responses
All equipment grouped together in
one location
Equipment located in different areas
around the park
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
What configuration would you prefer for
FITNESS EQUIPMENT in the Northern
Park? Select one (1) option.
Responses
354
The Parks at Francis Ranch Design Survey
What type of SPORTS COURT would you prefer for the Southern Park? Select one (1) option.
Answer Choices
Basketball 62.18% 97
Fustal 37.82% 59
Answered 156
Skipped 17
Responses
Basketball Fustal
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
What type of SPORTS COURT would
you prefer for the Southern Park? Select
one (1) option.
Responses
355
City Council Meeting
The Parks at Francis Ranch
T uesday, December 3, 2024
356
Project Introduction
Location of future
Francis Ranch parks
in relation to other
parks in Dublin.
The Parks at Francis Ranch
357
Francis Ranch
Project background
● 573 homes both Single Family Dwellings and
Multi Family Units - within 6 neighborhoods
● 2 public parks
○ Developer built in partnership with City
of Dublin
○ Guided by direction in the City’s Parks &
Recreation Master Plan
○ Northern Park - Passive focus, includes
dog area, fitness equipment, play area,
picnic/BBQ, restroom, shade, etc.
○ Southern Park - Active focus, includes
pickleball, tennis, basketball, bocce, play
area
The Parks at Francis Ranch
358
Project Context and Timeline
The Parks at Francis Ranch
359
Community Outreach
The Parks at Francis Ranch
Online survey: August 1-16, 2024
Zoom meeting: September 4, 2024
273 total participants
What we heard:
● T op active amenity:
Play structure
● T op passive amenity:
Walkways & trails
● T op play feature: Sliding
● T op themes: Elemental
Universe & Exploration
ROUND 1
What we heard:
● Northern Park: Concept B
● Southern Park: Concept A
● Theme: Exploration
● Play features: Spiral slide, climbing
wall, belt swing, balancing logs
● Fitness equipment: Chest/back press,
row/push-up. stretch & ab crunch
● Fitness location: Grouped together
● Sports court: Basketball
Online survey: September 13-27, 2024
Workshop at Splatter: September 14, 2024
340 total participants
ROUND 2
360
Concept Alternatives: Northern Park
The Parks at Francis Ranch
CONCEPT A
CONCEPT B
361
Concept Alternatives: Southern Park
The Parks at Francis Ranch
CONCEPT A
CONCEPT B
Sports Courts
Sports Courts
Sports
Court
362
Preferred Concept: Northern ParkExploration of California The Parks at Francis Ranch
363
Preferred Concept: Southern ParkExploration of the Bay Area The Parks at Francis Ranch
364
Questions/Comments
The Parks at Francis Ranch
THANK YOU!
365