HomeMy WebLinkAbout5.2 Access License Agreement with the San Francisco Bay Area Rapid Transit District (BART) for Emergency Access Through BART Property
STAFF REPORT
CITY COUNCIL
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Agenda Item 5.2
DATE: June 17, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Access License Agreement with the San Francisco Bay Area Rapid
Transit District (BART) for Emergency Access Through BART Property
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving an Access License Agreement with the San Francisco
Bay Area Rapid Transit District (BART) to allow emergency access from the City’s Corporation
Yard to DeMarcus Boulevard if the primary access via Scarlett Court is not accessible.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Access License Agreement with the San Francisco Bay
Area Rapid Transit District (BART) for City Access Through BART-Owned Property,
Assessor’s Parcel Number 941-0550-023-03.
FINANCIAL IMPACT:
There is no impact to the General Fund. The San Francisco Bay Area Rapid Transit District
(BART) will be responsible for the cost to maintain the BART-owned property.
DESCRIPTION:
On May 20, 2025, the City Council approved a Transportation License Agreement with the San
Francisco Bay Area Rapid Transit District (BART) to allow BART to construct and maintain
bicycle and pedestrian improvements on City-owned property as part of BART’s
Dublin/Pleasanton BART Station Active Access Improvements Project. Upon completion of the
Project, the City’s existing emergency access route will be modified due to the new
improvements.
The design of the Project improvements will accommodate a new vehicular access route for
the City for emergency purposes, and BART is agreeable to giving the City access through the
Project improvements and through BART-owned property (as depicted in Exhibit B of
Attachment 2). The proposed Access License Agreement allows the City to access a portion of
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the BART-owned property for ingress and egress in the event of an emergency when the City’s
primary access from the Corporation Yard to Scarlett Court is flooded or obstructed.
BART has agreed to maintain the access route free of obstruction and the City is allowed to
remove any obstructions that may interfere with access to ensure the route remains passable
in an emergency.
The proposed Access License Agreement has an initial term of 25 years with an option for the
City to renew for an additional 25 years.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Access License Agreement with the San Francisco Bay Area
Rapid Transit District (BART) for City Access Through BART-Owned Property, Assessor’s
Parcel Number 941-0550-023-03
2) Exhibit A to the Resolution – Access License Agreement
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Attachment 1
Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 1 of 2
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN ACCESS LICENSE AGREEMENT WITH THE SAN FRANCISCO BAY
AREA RAPID TRANSIT DISTRICT (BART) FOR CITY ACCESS THROUGH BART-OWNED
PROPERTY, ASSESSOR’S PARCEL NUMBER 941-0550-023-03
WHEREAS, the San Francisco Bay Area Rapid Transit District (BART) is the lead agency
for the design and construction of the Dublin/Pleasanton BART Station Active Access
Improvements Project (Project); and
WHEREAS, the City has an existing emergency access route from the City’s Corporation
Yard through BART-owned property to DeMarcus Boulevard and desires to maintain an
emergency access route; and
WHEREAS, the Project design has been modified to accommodate a new access route for
the City for ingress and egress for emergency purposes through BART -owned property,
Assessor’s Parcel Number 941-0550-023-03; and
WHEREAS, BART is agreeable to allow such use by the City of BART-owned property;
and
WHEREAS, BART is agreeable to maintain the new access route free of obstructions that
may interfere with the City’s use as emergency access, as further described in the Access License
Agreement, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Access License Agreement with the San Francisco Bay Area Rapid Transit
District, attached hereto as Exhibit A to this Resolution, for City use of BART-owned property
access to and from the City’s Corporation Yard in the event of an emergency that eliminates or
restricts the main Corporation Yard access.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
the agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes
to carry out the intent of this Resolution.
{Signatures on the following page}
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Reso. No. XX-25, Item X.X, Adopted 06/17/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 17th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
Exhibit A to the Resolution
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