HomeMy WebLinkAbout5.6 2025 Development Agreement Review
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 5.6
DATE: September 16, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
2025 Development Agreement Review
Prepared by: Jeff Baker, Assistant City Manager, and Anastasia Nelson,
Administrative Aide
EXECUTIVE SUMMARY:
The City Council will receive a report on the annual review of active Development Agreements
to ensure compliance with the terms and provisions of the Agreements pursuant to the
California Government Code, Sections 65864 - 65869.5, and to Chapter 8.56 of the Dublin
Municipal Code.
STAFF RECOMMENDATION:
Adopt the Resolution Finding that Developers Having Obligations Under Active Development
Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith with
the Terms and Provisions of the Agreements.
FINANCIAL IMPACT:
The fiscal impacts of these projects were addressed as part of a fiscal analysis performed for
each approved project. All financial obligations of the subject developers have been met
pursuant to the terms provided in their respective Development Agreements.
DESCRIPTION:
Background
An annual review of active Development Agreements is required by California Government
Code Sections 65864-65869.5 and Chapter 8.56 of the Dublin Municipal Code. During the
review period, occurring in July and August of each year, Staff reviews each active
Development Agreement to ensure compliance with the terms and provisions of the
agreement. The burden of demonstrating good faith compliance is on the respective developer
and/or property owner. Staff from the Finance, Community Development, Fire Prevention,
Parks and Community Services, and Public Works departments complete a thorough and
detailed assessment of the developer’s compliance with the requirements contained in the
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applicable agreements.
Following the review, Staff presents the findings and recommends t o the City Council to either:
(1) determine that the parties are in compliance and conclude the review; or (2) determine that
the parties have not complied in good faith, in which case the City Council must request that
the matter of compliance be considered at a noticed public hearing. At said public hearing, the
City Council may modify or terminate the Development Agreement upon making certain
findings based on substantial evidence that the developer has not complied in good faith with
the Agreement.
Analysis
The following active Development Agreements, identified in Table 1 below, were subject to the
2025 annual review. Based on Staff’s review, all required public improvements, payments, and
scheduled financial obligations have been satisfied by each of the developers and property
owners. Staff concluded that each of the developers/owners is proceeding in good faith with
the terms of their Development Agreement and is therefore recommending that the report be
accepted by the City Council and the annual re view be concluded.
Table 1: Active Development Agreements
No. Development Project Expiration Date Compliant
1. Bex Development (Branaugh Property) 04/20/2033 Yes
2. Dublin Crossings (Boulevard) 12/20/2033 Yes
3. Dublin Fallon 580 Project 09/19/2034 Yes
4. Kaiser Dublin Medical Center 11/04/2041 Yes
5. SCS Dublin Project (The DC) 01/05/2028 Yes
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
No public notice is required. However, a formal notification of the 2025 Development
Agreement Annual Review was sent to the parties of the Development Agreements. The City
Council Agenda was posted.
ATTACHMENTS:
1) Resolution Finding that Developers Having Obligations Under Active Development
Agreements and Supplemental Agreements as Amended, Have Complied in Good Faith
with the Terms and Provisions of the Agreements
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Attachment I
Reso. No. XX-25, Item X.X, Adopted 09/16/2025 Page 1 of 2
RESOLUTION NO. XX – 25
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
FINDING THAT DEVELOPERS HAVING OBLIGATIONS UNDER ACTIVE DEVELOPMENT
AGREEMENTS AND SUPPLEMENTAL AGREEMENTS AS AMENDED, HAVE COMPLIED IN
GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE AGREEMENTS
WHEREAS, as of July 1, 2025, the following projects have active Development
Agreements with the City of Dublin: Bex Development (Branaugh Property), Dublin Crossings
(Boulevard), Dublin Fallon 580 Project, Kaiser Dublin Medical Center, and SCS Dublin Project (The
DC); and
WHEREAS, the annual review of active Development Agreements is required by California
Government Code Sections 65864 – 65869.5, and Chapter 8.56 of the Dublin Municipal Code;
and
WHEREAS, during the review period, occurring in July and August of each year, Staff
reviews the development agreements to ensure compliance with the terms and provisions of the
Agreements; and
WHEREAS, the burden of demonstrating good faith compliance with the Agreements rests
with the Developers; and
WHEREAS, the appropriate City Departments have reviewed each of the active
Development Agreements, and confirmed that the developers are in compliance with the terms of
the Agreements; and
WHEREAS, Staff presents and recommends the City Council determine the parties are in
compliance and conclude the review.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
concludes its review of the above referenced active Development Agreements and Supplemental
Agreements as Amended, and determines that the Developers having obligations under said
Agreements have complied in good faith with the terms and provisions of the Agreements.
{Signatures on the following page}
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Reso. No. XX-25, Item X.X, Adopted 09/16/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 16th day of September 2025, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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