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HomeMy WebLinkAbout7.2 WDubExtPlanAreaOpenSpa CITY CLERK File # 420-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 2, 2002 SUBJECT: Selection of Open Space Preservation Option - Western Dublin Extended Planning Area Report Prepared by: Eddie Peabody Jr., Community Development Director ATTACHMENTS: 1. Implementation Report, Western Dublin Extended Planning Area, October 2001 2. Minutes of City Council. November 6, 2001 meeting 3. Open Space Workshop Minutes held on December 12, 2002 and January 23, 2002 / RECOMMENDATION: rx/Option 1 - Approve Preservation of Open Space through /,~ ~ ~ ¥ Acquisition of Nielsen and Milestone properties either bY direct City /~/,,/v acquisition or in concert with East Bay Regional Park district. Option 2 - Approve preservation of Open Space in conjunction with possible limited development on the Nielsen property in order to secure open space easements. Option 3 - Take no action at this time. FINANCIAL STATEMENT: If Option one is selected, the .cost to acquire the Nielsen and Milestone properties by the City could range from $1.7 to $5.2 million; in concert with outside funding and the East Bay Regional Park, the City's cost Could be much lower. If Option 2 or 3 are selected, there would be no cost to the City. BACKGROUND: A Report titled Open Space Preservation Options for the Western Dublin Extended Planning Area (Options Report) was presented to the City Council on June 20, 2000. This study explored options for preserving open space in the Western Dublin Extended Planning Area. This large undeveloped area in the City's existing Sphere of Influence lies between the existing City limit and Eden Canyon Road. The Area has been subject to various planning studies over the years. The Options Report documented open space G:\wdub ex plan area\ccsr 4-2 open space implprog COPIES TO: Consultant In-House distribution ITEM NO. resources in the Area and identified options for preserving open space and estimated costs of the various options. The City Council on October 17, 2000, following-up on the Options Report, directed the preparation of another study that focused upon creation of an open space preserve in the eastern portion of the Western Dublin Extended Planning Area. Specifically, the implementation study was to: · Focus on the eastem portion of the Planning Area, comprised of 767 +acres in three ownerships (Nielsen, Milestone Partnership and John Machado Properties). Evaluate the feasibility of two options for preserving open space in the eastern portion of the Area (co- terminus with the City limit); one option involving limited development in the area and another option involving purchase of open space lands. The feasibility evaluation included geotechnical suitability analysis and land valuation appraisal to assure accuracy of the results. · Refine options for funding open space acquisition costs. Prepare a study report for public review including an action plan based upon the technical findings of the study and hold two City Council meetings and two public workshops to receive comment and to refine the action plan. The Implementation Report: Western Dublin Extended Planning Area (Implementation Report) was completed in October 2001. A City Council Meeting was held on November 9, 2001 where the Report was presented and discussed. Minutes of this meeting are found in Attachment 2. Following the City Council meeting two public workshops were held, the first on December 12, 2001 and a second on January 23, 2002. The workshops were both well-attended. At each meeting staff and consultants made a brief presentation of the Implementation Report and its findings. Following this presentation a question and answer session was held where members of the public could ask questions and express their opinions regarding the contents of the implementation report. The comments and discussion at these workshops can be summarized as follows: There was general expressed support for open space preservation in the Area. There was some discussion regarding the disposition of the remainder of the Westem Extended Planning Area lying west of the focus area. There was general support for public open space acquisition, either through fee or easement purchase where willing sellers exist although some skepticism was expressed regarding the valuation data presented in the Report. There was some skepticism expressed regarding the development feasibility within the Area, even the limited development that was evaluated in the Report, given the severe geotechnical constraints, visual exposure, and access problems. There was general enthusiasm for the possibility of expanding the Regional Trail being planned by the East Bay Regional Park District into a Dublin Hills Regional Park, although various concems were expressed regarding such a park including visitor access, continuation of grazing, and maintenance costs. Regarding funding, support was expressed for using City funding for initial purchases of land or easements. Other open space funding including additional impact fees and even a Citywide assessment for open space acquisition and maintenance were also supported, although it was recognized that these sources should be allocated to open space opportunities located around the entire City. March 2002 activities included the purchase of the John Machado prOPerty by East Bay Regional Parks District as the second of their purchases for the Regional Trail. Only the Nielsen and Milestone properties remain as a part of the potential implementation program as of this date. ANALYSIS OF OPTIONS: Option 1 - Preserve Open Space by Acquiring the Nielsen and Milestone properties ~ Direct acquisition of the two properties by the City would create a 620 acre permanent open space preserve in conjunction with the East Bay Regional Park District trail acquisitions along the ridge (Scott and John Machado properties). City funding would be required. If owned and maintained by the City, ongoing costs would need to be funded by the City on a yearly basis. A second possibility for acquisition of the two properties would be to initiate discussions with the EBRPD for creation of a Dublin Hills Regional Park combining the two properties with the District's Regional Trail Acquisitions (Machado properties). The District has expressed interest in a cooperative effort with the City focusing in acquisition funding and maintenance funding. City Staff could be directed to meet with EBRPD Staff to initiate planning efforts. The planning effort could result in a Memorandum of Understanding that would guide the cooperative effort to create the regional park. This option was highly favored by citizen comments in the two workshops. Option 2 - Preserve Open Space in conjunction with possible limited development on the Nielsen property_ in order to secure open space easements - In the Implementation Report, two possible development scenarios were presented (59 units and 6 units) as an example of how some development might work on the Nielsen property to help preserve other portions of the properties for open space fee/ easements. Various physical, visual, environmental and economic cost considerations were presented in the report that question whether this option is acceptable. Administratively, the effort to approve development in this area may require substantial costs including additional planning, engineering and environmental analysis and the costs of processing the application, including annexation, General Plan amendment, and the ballot measure required to amend the General Plan land use designation and location of the urban limit line. There was little or no public support expressed for the development option. Option 3 - Take no action at this time - The two properties are presently impacted by Measure 'M' adopted by the Dublin voters which requires a vote of the Dublin electorate before any General Plan amendment proposing urban development in this area can be approved by the City. In addition, Measure "D', adopted by the County electorate prohibits any change from the County Agricultural zoning on these properties, as they are presently unincorporated and are under County jurisdiction. These two measures effectively prohibit any urban development on the two properties at the present time and serve as a means to insure open agricultural uses for the forseable future on the properties. No action by the Council would affirm the present agricultural use of the property, although open space use by the public would be prohibited. Little interest was expressed by the public for this option in the workshops. CONCLUSION: If the City Council believes that permanent preservation of the subject property by acquisition methods alone is the proper approach, Staff would recommend that the feasibility of a partnership between the EBRPD and the city should be explored. As noted by the City's Consultant, the District is very interested in the possibility of creating a Dublin Hills Regional Park and could have funding that could be funneled into this proposal. If the City Council prefers to secure open space fee/easements by allowing limited development in the Nielsen property, Staff should be instructed to return with specific methods to achieve this direction. Finally, the City Council has the option to take no action on this item at this time. Given the required mandates of Measures M and D and the fact that the the voters of Dublin must ultimately decide on any development proposed for this area if it is even annexed, any change in the present agricultural nature of the affected properties will be difficult to achieve. RECOMMENDATION: Staff is recommending that the City Council either: Select the acquisition option or, Select the limited development option or, Take no action. Economic & Planning Systems Public Finance Real Estate Economics Regional Economics Land Use Policy IMPLEMENTATION REPORT WESTERN DUBLIN EXTENDED PLANNING AREA Prepared for: City of Dublin Prepared by: Economic & Planning Systems, Inc. October 10, 2001 EPS 10274 ATTACHMENT J BERKELEY 2501 Ninth Street, Suite 200 phone: 510-841-9190 Berkeley, CA 94710-2515 fax: 510~841-9208 www.epsys.com SACRAMENTO DENVER phone: 916-649~8010 phon~: 303-575-8112 fax: 916-649-2070 fktx: 303-623- i294 TABLE OF CONTENTS PAGE Background .................................................................................................................... ! ACQUISITION OPTION ..................................................................................................... 5 III. LIMITED DEVELOPMENT OPTION ................................................................................... 9 IV. FUNDING SOURCES ....................................................................................................... 17 V. ACTION PLAN ....................................... ' ................................................................. ....... 22 LIST OF TABLES AND FIGURES PAGE Table 1: Table 2: Table 3: Development Cost Estimates for Concept A ............................................. ....... 14 Development Cos~ Estimates for Concept B ...................................................... 15 Residual Value Analysis for Concepts A and B ................................................ 16 Figure 1: Western Dublin Extended Planning Area Regional Context ........................ 3 Figure 2: Western Dublin Extended Planning Area ........................................................ 4 Figure 3: Concept "A" Land Plan .................................................................................... 12 Figure 4: Concept "B' Land Plan ..................................................................................... 13 Implementation Report Western Dublin Extended Planning Area March 25, 2002 I. INTRODUCTION This Implementati°n Report provides the City of Dublin with findings and an action plan related to open space preservation in the Western Dublin Extended Planning Area (Extended Planning Area). Following review of an earlier report rifled Open Space Preservation Options for the Western Dublin Extended Planning Area [May 2000) and the subsequent passage of Measure "M,' a growth control initiative that requires voter ' approval for future annexations and development in the Extended Planning Area, the City Council directed staff to study options for creating permanent open space in the eastern portion of the Area. Specifically, two options were set forth for further study: 1) public, acquisition of targeted properties to create permanent open space (Acquisition Option); and 2) permitting partial development in selected portions of the Extended Planning Area in exchange for open space easements elsewhere in the Area (Limited Development Option). The action plan also addresses open space funding and other aspects of implementation. BACKGROUND The Western Dublin Extended Planning Area ig an unincorporated area lying immediately west of the existing City limits and bounded by the communities of Dublin, San Ramon, and Castro Valley. Because this area, extending westward to Eden Canyon Road, is within'the City's "Sphere of InflUence" as designated by the Alameda Local Agency Formation Commission, it is an area that could be annexed by the City. Over the past 20 years portions of the area hav. e been considered for development. For example, Schaefer Ranch was annexed to the City during the 1990's and development approvals were granted at that time. Development of Schaefer Ranch has been delayed, however, by Federal regulatory requirements associated with threatened and endangered species. The Extended Planning Area consists of approximately 3,100 acres of rangeland with a series of ridges and canyons, including a number of rural residential units. Interstate 580 creates the southern boundary of the Study Area, the Alameda/Contra Costa County line sets the northern boundary, Eden Canyon Road is on the west, and the Dublin City limits are on the east. The regional setting of the Extended Planning Area is shown in Figure 1. On February 16, 1999, the Dublin City Council adopted a resolution to initiate a General Plan Amendment Study of those properties within the City of Dublin sphere of influence lying west of the existing City limits, and also to submit a measure to the voters for adoption of an Urban Limit Line (ULL) in the Extended Planning Area. Implementation Report Western DUblin Extended Planning Area March 25, 2002 Dublin voters approved the measure in November of 2000, creating a ULL along the City limits and designating lands west of the ULL as Rural Residential/Agriculture in the Dublin General Plan. This land use designation limits new development to one unit per 100 gross acres for the next 30 years if the property is annexed to the City, unless voters approve a variance from this regula~on. The intent of the ULL is to protect natural resources in this area, and to restrict further development in the western hills, by directing future development to other areas of Dublin that are less constrained and where urban services can be provided in a more efficient manner. As part of the General Plan Amendment Study initiated in 1999, the City Council also requested that an open space preservation study be conducted in order to consider options for permanently preserving certain open space, including methods for compensating landowners who could potentially be affected by the proposed ULL. The resulting Open Space Preservation Options/or the Western Dublin Extended Planning Area (Options Report) contained open space preservation strategies that were presented in a series of public meetings, and were ultimately presented to and received by the Dublin City Council in June of 2000. EPS was subsequently retained to prepare this Implementation Report to examine options for acquiring, or otherwise preserving, targeted open space within the Extended Planning Area. As per City Council direction, this Report focuses upon a portion of the Extended Planning Area generally lying west of the major ridgeline. Figure 2 indicates the location and ownerships comprising this Study Area in the context of the broader Extended Planning Area. Most of this Study Area is privately owned--with the exception of about 160 acres owned by the East Bay Regiom. al Park District (EBRPD)-- and is zoned by the County of Alameda as "Agricultural" which sets a minimum parcel size of 100 acres. Four large ownerships make up the Study Area including properties owned by the Nielsen family, John Machado, and the Milestone Pax:axership. - RegiOnaL Context ~ ~ ~ ~ Contra costa County vj~r~ Opan Spa= prOposed EBRPD Re ional Trail county Boundary Line PG&E Power Lines ;. 580 Alameda County 0 2 4 Miles Western Dublin Extended Planning Area h:~9232dubltmapsVig-II- Economic & Planning Systems, Inc. 3 Figure 2: Western Dublin Extended Planning Area Alameda County \ I Contra Costa County Davilla/~elds Wiedemann Proposed EBRPD Regional Trail Battling & Eastwood III Davilla Canyon Schaefer/Ranch Parks Land to be Acquired \ Targeted Aoqui~iflon Prop,~ti~q~ I- 580 * Machado Property Already Acquired Economic & Planning Systems, inc. h:110274dublmapsVig_ll_2, wor ~ Implementation Report Western Dublin Extended Planning Area March 25, 2002 II. ACQUISITION OPTION This report provides additional detail and predsion to topics discussed in the original Options Report. This research and analysis is based on the two options selected by the City Council (Acquisition and Limited Development), and includes a real estate appraisal, geotechnical development feasibility, and funding analysis. As a part of the earlier Report, a general estimate of land values, based on comparable land sales in the area was made. For this Implementation Report, a formal appraisal was commissioned to improve the confidence in the land value estimates. The appraisal was conducted by Roland H. Burchard & Associates, a firm with extensive experience in appraising rural lands in Alameda and Contra Costa Counties. APPRAISAL SUMMARY Appraisals were conducted on the Nielsen Ranch and Cronin Heights properties to ascertain the fair market value and highest and best use of each property. A similar analysis was attempted for the John Machado properties; however, access was not granted by the owner to perform this evaluation. A supporting Technical Report tiffed Appraisals Dublin Hills Land (June 2001) has been prepared, which shows the detailed assumptions and land comparables that informed the appraisals. The properties studied as part of this analysis are located within the City of Dublin's Sphere of Influence in the northern portion of central Alameda County. The area is comprised of rural agricultural lands adjacent to residential development. The subject properties are located within a semi-rural agricultural neighborhood that is dominated by steep topography and offers limited vehicular access. In general, these properties have reasonable appeal for either agricultural use or "ranchette" subdivisions, but have no appeal 'for speculative urban development in the near future. Because of the rolling to steep topography of the properties, .the current General Plan, "Measure M,' and zoning, and the lack of infrastructure, urban residential development is considered highly speculative for these properties, and is discounted by the market. The reason the urban residential development is considered highly speculative is because the properties are outside both the city limits and the ULL. Urban development of any of the properties would require annexation into the City of Dublin, a General Plan Amendment, environmental impact reports, and a voter referendum approving the development plan. In addition, public infrastructure including roads, water, sewer, and electricity would need to be provided. Report.doc Implementation Repor~ Western Dublin EXtended Planning Area March 25, 2002 APPRAISAL METHODS The fair market value estimates reported in this analysis are based upon comparable land sales of properties in Alameda and Contra Costa Counties between 1998 and 2001. A review of other agricultural and ranchette sales in the Tri Valley area indicate average to good demand overall since January 2000, with a slow down in the time since January 2001. Each of the eight comparable land sales studied was also agriculturally zoned property with dirt road access and partial or no utilities. Comparable land sales range from roughly $3,200 per acre for parcels with poor access and steep topography to $15,000 per acre for sites in expensive equestrian estate areas with good access and gently rolling topography. The only comparable sale which took place within the same neighborhood as the subject properties sets the Iow end of the price range at $3,200 per acre, reflecting the limited access, remote location, and steep topography of that property. The highest and best use of each property is defined as the most profitable likely use to which a site could be put, or that. use of the land which may reasonably be expected to produce the greatest net return to the land over a given period of time. Evaluating the highest and best use o£ a property requires consideration of current zoning, the General Plan for the property and area, future planning aspects, the character of surrounding development, site constraints, and market characteristics including supply and demand for varying property uses. PROPERTY SUMMARY Nielsen Ranch Property This Property is comprised of six assessor parcels owned by the Nielsen Ranch Partnership, et al. Located adjacent to existing residential subdivisions within the City, the Nielsen Ranch property is situated along the western side of the City limits and south of the Alameda/Contra Costa County line. It is within unincorporated Alameda County and within Dublin's Sphere of Influence. The portion of the property that extends into Contra Costa County was not included in the appraisal. The Nielsen Ranch property consists of ~5~ acres of land with rolling to steep topography ranging in elevation from 600 along the southeast edge to nearly 1~500 feet at the northerly end. The ridges and steep canyons produce a number of slopes over 30 percent grade. Access to the property is provided from the end of Brittany Drive and Brittany Lane, as well as Martin Canyon Road, which offers limited access to both the north and south ends of the property (See Figure 2). Cm-rently used for cattle grazing, the property is zoned by the County for agricultural use with a minimum lot size of 100 acres. Uses permitted by this zoning designation include a range of agricultural uses as well as a single home site. In light of its zoning designation and current market conditions, the highest and best use of the subject Implementation Report Western Dublin Extended Planning Area March 25, 2002 property is for agricultural or ranchette use, with a potential of legal lots for four home sites.. Continuation of its current use as a ranch, including cattle grazing and other agricultural uses, falls within the parameters of the highest and best use. Cronin Heights Property Owned by the Cronin Heights Milestone Partnership, this property is located adjacent to existing open space, and is situated along the northwest side of the Dublin City Limits and south/southwest of the Nielsen Ranch and Alameda/Contra Costa County line (See Figure 2). The property consists of 176 acres of agricultural land that ranges in elevation from 600 to 1,000 feet and features a series of ridges and steep canyons, with many slopes exceeding 30 percent grade. Currently used for cattle grazing, the property is accessed via an easement across the Nielsen Ranch property that connects to Martin Canyon Road. The pr~)perty is zoned by the County for agricultural use, which limits building sites to lots of 100 acres or more. In addition to a range of agricultural uses, a single family home Wottld also be permitted under the zoning designation. Given the uses permitted by zoning as well as market conditions, the highest and best use of this property is for a single home site or for continued use as a ranch, including cattle grazing and other agricultural uses. John Machado Property The John Machado property consists of five individual assessor parcels lOCated within the unincorporated area of Dublin's Sphere of Influence in Alameda County immediately north of Schaefer Ranch and south of existing East Bay Regional Park Districts open space and the Cronin Heights property (See Figure 2). The property consists of 147 acres of land with roiling to steep topography and elevations ranging from 800 to approximately 1,100 feet. There are also a series of ridges and steep canyons, with many sloped areas over 30 percent grade. The Machado property is zoned for agricultural use, and has been utilized for agricultural purposes only. The County's agricultural zoning carries a 100-acre minimum lot size requirement, and permits a range of agricultural uses, as well as single home sites, since the property is in excess of 100 acres. Given this zoning designation and current market conditions, the highest and best use of this property is for agricultural or ranchette use. Its continued use as aranch with cattle grazing fits in well with the highest and best use. Because access to the property was not granted by the owner, no appraisal was completed for the Machado property. The East Bay Regional Park District has conducted an appraisal of this property for potential acquisition for the Regional Trail and is negotiating a purchase. Implementation Report Western Dublin Extended Planning Area March 25, 2002 Land Value Summary A review of comparable land sales, which varied in size from 58 to 400 acres, suggest that that per acre costs for the subject properties could range in price from $3,145 to $14,675. The average price per acre of comparable land sales is $8,485; however, both the steep topography and limited access of the subject properties likely render these properties less valuable, tn total, the value associated with all 860 acres of the Nielsen Ranch, Cronin Heights, and Machado properties is likely to be in the range of $3 to $7 million. 8 _rm~l~ Report.doc Implementation Report Western Dublin Extended Planning Area March 25, 2002 III. LIMITED DEVELOPMENT OPTION The potential for allowing some development in the Extended Planning Area was included in the earlier Report and identified for further study by the City Council. The key issue for estimating the target properties' development potential is the geotechnical physical limitations of the area, given its hilly and generally steep topography and its history of unstable soils and landsliding. Accordingly, a review of development potential for subject properties within the Study Area was conducted by Berlogar Geotechnical Consultants, a firm with extensive engineering experience in the Tri- Valley area. A supporting Technical Report titled Geotechnical and Topographic Evaluation Cronin and Nielsen Properties Martin Canyon Dublin, California (July 2001) has been prepared and attached as Appendix 1. It.should be noted that develbpment in this area would require a range of institutional actions by the City including annexation, a General Plan Amendment to change the land use designation and adjust the Urban Limit Line, and voter approval. These limitations have cast a substantial cloud on the development potential and were a factor in the valuation of the properties. DEVELOPMENT POTENTIAL SUMMARY The development potential of the three targeted properties within the Study Area is mixed. The geotechnical analysis suggests that of the two properties considered, only the central portion of the Nielsen Ranch property is suitable for development given geotechnical, topographical, and other environmental constraints. Development of the Cronin Heights property does not appear to be feasible. Two development concepts have been prepared, Concept A (see Figure 3), a 59-1ot subdivision located on the central portion of the Nielsen Ranch property immediately west of existing development in Dublin, and Concept B (see Figure 4), a 6-large lot subdivision located in the same general area. Providing backbone infrastructure and utilities to developable portions of the Nielsen Ranch property is estimated to cost approximately $75,000 per lot assuming 59 very low density residential lots, and $100,000 per lot assuming 6 estate lots. These costs are not likely to make residential development infeasible on this portion of the Nielsen Ranch property, and in fact are well within industry norms. The location that appears feasible for development is the central portion of the Nielsen Ranch property. Landslide mapping indicates that the south-facing slope along the southern margin of the Nielsen property is generally not suitable for development, while the central portion of the property appears to be geotechnically suitable for Implementation Report Western Dublin Extended Planning Area March 25, 2002 development. Meanwhile, the northern portion of the Nielsen Ranch property offers limited development potential due to geotechnical, topographic, and possible wetland considerations. The most feasible access to these properties would be proceeding westward from the current endpoint of Britt.any Lane. Development on most of the Cronin property appears to be infeasible due to large-scale landsliding and limited access potential. Those portions of the property for which access could be provided through the Nielsen Ranch property are unsuitable for development due to large-scale landsliding. The only portion of the Cronin property that does appear to be suitable for development would require access to be created from the west. However, there does not appear to be significant potential for access from the west again dueto large-scale landsliding, so the Cronin property does not have significant development potential given its current constraints. The Machado property is also under consideration for possible acquisition by the East Bay Regional Park District. DEVELOPMENT POTENTIAL METHODOLOGY Geotechnical Assessment As noted abOVe, the Study Area is generally known to have geotechnical limitations related to steep slopes, unstable soils, and landslide potential, as identified in the Berlogar Geotechnical Report. Berlogar Geotechnical Consultants applied standard methods to perform its geotechnical assessment including performing aerial photographic interpretation, reviewing historical documents (earlier geotechnical studies prepared in the Study Area), and visiting the Subject properties in a walking tour. Development Cost Estimates Berlogar also prepared conceptual land plans for the Nielsen property assuming that the full development potential of this property was utilized for either very iow density or estate residential development. Site development cost estimates were also prepared using a standard engineering technique involving the application of current "unit costs" for infrastructure and site improvement items to quantities related to the land plans. As shown in Table 1, an estimated $5 million in site-related access and other improvements would be required for Concept A, a 59-unit subdivision located on the central portion of the Nielsen Ranch property. Table 2 shows.detailed estimates totaling approximately $680,000 in site-related access and other improvements for Concept B, a 6-unit large lot subdivision also located on the central portion of the Nielsen Ranch property. Land Value Estimates A generalized estimate of land value can be obtained by deducting site development- related costs from an estimate of retail prices for the home sites created. This "residual value analysis" is shown in Table 3, which shows the residual value for both Concept A and Concept B. Retail values for these lots reflect estimates of current market conditions for such properties. The purpose of this analysis is to provide a general sense of development-related values. Again it is important to note that these values assume a 10 bnpleraentation Report.doc Implementation _Report Western Dublin Extended Planning Area March 25, 2002 General Plan Amendment and voter approval of a development plan. Actual development costs, timing, and market prices will determine actualValues. The cost and income information sho~-n in Table 3 indicates that the residual value of the property may reach bet~veen $6 and $7 million for Concept A, reflecting high costs per unit in relation to total sales prices for the 59-unit subdivision. Meanwhile, the residual value for Concept B is estimated to fall.in the range of $4 to $5 million, reflecting the lower site costs and significantly higher prices associated with the 6-unit large lot subdivision. 11 I. rpten~mtation Re~'t. doc ~073) CONCEPT "A" LAND PLAN NEILSEN PROPERTY MARTIN CANYON DUBLIN, CALIFORNIA FOR ECONOMIC AND PLANNING $YS~$, INC, Figure 4': ConcePt "B' Land Plan [roe+ 5073) CONCEPT "B" LAND P.LAN NEILSEN PROPERT~ MAFO'IN cANYON DUBLIN, CALIFORNIA FOR ECONOMIC AND PLANNING SYSTEMS, ~NC, Implementation Report Western Dublin Extended Planning Area March 25, 2002 Table 1 Development Cost Estimates for Concept A Western Dublin Extended Planning Area Action Plan; EPS #10274 Item Units Quantity Unit Price Amount Gradin.q Clear & Grub LS 1 $30,000 $30,000 Slopes CY 333,405 $4 $1,333,620 Erosion Control LS 1 $75,000 $75,000 Subtotal $1,438,620 Paving Fine Grading SF 223,550 $0 3" AC over 8" AB, Assumed SF 223,550 $4 Subtotal Concrete 6: Curb and Gutter LF 10,340 $13 4" Concrete SF 25,850 $4 Private Drive: Curb and Gutter LF i,260 $11 Subtotal Storm Drain Catch Basins EA 17 $3,500 18" RCP LF 4,850 $40 Subtotal Sanitary Sewer Manholes EA 45 $3,500 8" SS LF 5,800 $30 4" Lateral EA 59 $550 Subtotal Water System 8" PVD LF 5,800 $40 Water Meter/Lateral EA 59 $10,000 Hydrants EA 12 $3,500 Subtotal Total Costs Other Cost Design and Engineering Fees (10% of Total Costs) Contingency (15% of Total Costs) TOTAL FOR ALL 59 LOTS TOTAL PER LOT $67,065 $782,425 $849,490 $134,420 $103,400 $13,860 $251,680 $59,500 $194,000 $253,500 $157,500 $174,000 $32,450 $363,950 $232,000 $590,000 $42,00q $864,000 $4,021,240 $402,124 $603,186 $5,026,550 $85,196 (1) Cost figures are estimated based upon conceptual site plan. (2) Estimate excludes traffic control, signing and striping, landscape and all other consultants and public agency fees. 3) Cost estimate does not include new water tank for higher pressure zones. 14 Implernenta~i°n Report Western Dublin Extended Planning Area March 25, 2002 Table 2 Development Cost Estimates for Concept B Western Dublin Extended Planning Area Action Plan; EPS #10274 Item Units Quantity Unit Price Amount Grading Clear & Grub LS 1 $20,000 Slopes CY 14,600 $5 Erosion Control LS 1 $30,000 Subtotal Paving Fine Grading SF 71,100 $0 3" AC over 8" AB, Assumed SF 71,100 $4 Subtotal Concrete 6: Curb and Gutter LF 4,740 $11 Subtotal Storm Drain Catch Basins EA 2,250 $40 18" RCP LF 4 $2,500 Subtotal Total CoSts Other Cost Design and Engineering Fees (10% of Total Costs) Contingency (15% of Total Costs) TOTAL FOR ALL 6 LOTS TOTAL PER LOT $20,000 $73,000 $30,000 $123,000 $21,330 $248,850 $270,180 $52,140 $52,140 $90,000 $10,OO0 $100,000 $545,320 $54,532 $81,798 $681,650 $113,608 (1) Cost figures are estimated based upon conceptual site plan. (2) Estimate excludes traffic control, signing and striping, landscape and ali other consultants and public agency fees. (3) Assumed use of individual water wells Soume: Berlogar Geotechnical Consultants; Economic & Planning Systems, Inc. 15 Implementation Report Western Dublin Extended Planning Area March 25, 2002 Table 3 Residual Value Analysis for Concepts A anb B Western Dublin Extended Planning Area Action Plan~ EPS #10274 Item Per Lot Total Concept A Net Sales Return (1) Development Cost (2) Residual land Value Concept B Net Sales Return (1) Development Costs (3) Residual Land Value $300,000 $17,700,000 -$85,196 -$5,026,550 $214,804 $12,673,450 $ 00,000 $4,s00,000 -$113,608 -$681,650 $686,392 $4,118,350 (1) Assumes that closing and carrying costs, and other soft costs will total 20 pement of total sales price, estimated at $375,000 per lot for Concept A and $1,000,000 per lot for Concept B. (2) See Table 1 for detailed cost breakdown. (3) See Table 2 for detailed cost breakdown. Source: Beflogar Geotechnical Consultants; Economic & Planning Systems, Inc. 16 lmplem~mtionReport.~c Implementation Report Western Dublin Extended Planning Area March 25, 2002 IV. FUNDING SOURCES Funding for open space preservation is a function of what outcome'is desired and how this outcome is pursued. If the City Council determines that the objective is to preserve as much open space without spending City or outside agency funds, some development could be permitted (subject to Planning approvals and voter approval) and the remaining open space could be acquired either in fee or as open space/conservation easements. Conversely, if the decision is to acquire all of the properties, a broader open space program might involve other agencies such as the East Bay Regional Park District; grants, city resources and other state, federal and local revenue programs. The following funding sources originally described in the Options Report, are placed in the order that they could be implemented as funding requirements increase. ResolVing the topic of funding sources depends upon what the desired outcome is and how this outcome is pursued. For example, ff some development is permitted as described above, funding requirements would be lowered. Also, it will be important to detem-dne whether the land (or easement) acquisitions within the Study Area are unique or part of a broader open space program that might involve other parts of the City. The following funding sources, originally described in the Options Report, are placed in the order that they could be implemented as funding requirements increase. DEDICATION OF FEE OR EASEMENT The logic of the limited development option is that remaining open space on the Nielsen Properties would be dedicated to the City, or other agency either in fee or as an easement. Such a dedication would lower or eliminate acquisition costs on the Milestone and possibly Machado Properties and can thus be considered a funding source. Considering rough parity of the potential value created by Development Concept A and the fair market appraisals, it should be possible to obtain easements on the entire eastern portion of the Study Area. This would reduce or eliminate acquisition costs. CITY GENERAL FUND RESERVES The City of Dublin could allocate a portion of any budget surpluses or unallocated funds to acquisition of fee interests or conservation easements in the Study Area. These funds could be used as the local match often required by competitive statewide grant programs. The advantage of using General Funds is that it requires no voter approval; the disadvantage is that these funds will have competing demands and cannot be a dedicated long-term funding source. The City can also contribute towards an open space acquisition program by dedicating staff time and resources towards writing grant proposals and coordinating with conservation organizations/agencies such as the EBRPD. 17 ImplementationReporLdoc Implementation Report Western Dublin Extended Planning Area March 25~ 2002 EAST BAY REGIONAL PARK DISTRICT FUNDING The EBRPD officially has limited funds available for acquisitions of land or trail easements in the Study Area; however, there are some funds remaining in their Measure AA bond program, originally allocated to other portions of the District that could be reallocated to the Dublin area if a promising and broadly beneficial regional park were to be created. The EBRPD is also eligible for direct funding from the statewide conservation bond approved by voters as Proposition 12 in March 2000. The EBRPD can also compete for Statewide grants from resource agencies and from private foundations. A Regional Trail bisecting the Study Area is identified in the EBRPD 1997 Master Plan (see Figure 1). The EBRPD has recently made substantial land acquisitions inthe Study Area as part of its efforts to establish this Regional Trail, and is continuing its land and easement acquisition efforts. Given the EBRPD's recent acquisitions and the regional benefits of creating a regional park in this area, opporttmities exist for the City and the EBRPD to partner in various ways, including merging funding sources for acquisition and establishing funding for improvements and maintenance. Such a partnership could also enhance the possibility of attracting other outside grant funding. It is possible that the EBRPD acquisiti°ns, along with the properties addressed in this Implementation Report that are located upon or adjacent to the ridgeline, could be combined to create a nearly Z000-acre Regional Park, similar to Briones or Las Trampas. This Park would have lateral access through western Dublin at existing or additional trail heads and staging areas. The City has already improved a trail in Martin Canyon that approaches the Study Area. Continuing access from the south and north would be provided by the Regional Trail. GRANTS Proposition 12 Proposition 12 - the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 contains $826.5 million for local and regional parks. The EBRPD and/or the City may apply for State of California grants for the protection of key open space resources in the Study Area. Proposition 12 specifically contains the following funds that could potentially be used for acquisition of fee interests and/or trail easements in the Study Area for a proposed Dublin Hills Open Space Regional Preserve and for portions of the EBRPD Calaveras Ridge Trail: · Per capita grants to EBRPD - $9 million Roberti-Z'berg Harris grants to EBRPD for acquisition and development of local parks and recreational lands and facilities - $5.4 million - Coastal Conservancy San Francisco Bay Area ConserVancy - $55 million · Competitive Statewide grants - $266 million 18 lrapteraentation Report.doc Implementation _Report Western Dublin Extended Planning Area March 25, 2002 California Department of Parks and Recreation grants to local agencies for non- motorized trails - $10 million Unallocated funds State. wide - $7.5 million California Oak Woodlands - $5 million Tipping Fee Alameda County Waste Management As of January 1, 2001, municipalities disposing waste into the Altamont Landfill are required to pay $1.25 per ton to mitigate Altamont's expansion. Approximately $0.75 of this fee is intended for open space acquisition, including 80 percent to be dedicated to acquisition of land in Livermore and 20 percent to be dedicated to acquisition of land in Dublin and Pleasanton. Annual revenues from ripping fees can be expected to total $1.86 million, based on the amount of waste deposited at the landfill in 2000, and approximately $1.12 million of this revenue will be available for open space acquisition. Distribution of revenue earmarked for open space acquisition was to be determined by an' Open Space Account Advisory Committee consisting of representatives from the cities of Livermore and Pleasanton, Alameda County, and the Sierra Club. Dublin is not a voting member of the committee; however, the portion of revenue dedicated to Dublin and Pleasanton may be split between these two jurisdictions according to tentative agreements with the City of Pleasanton and Alameda County. Consequently, approximately $112,000 could be available for open space acquisitions in the City of Dublin each year. At this time however, the Advisory Committee has not yet met in part because little fee revenue has been collected. Some ciries, including Hayward and Oakland, have contested paying the fee, and these disputes may not be resolved until their existing agreements with their waste haulers expire in a few yearsi The City of San Francisco has recently agreed to pay the fee, and once significant revenues accrue, the Advisory Committee will meet to distribute them. Transportation Equity Act for the 21st Century (TEA-21) The Intermodal Surface Transportation Enhancements Act (ISTEA) was reauthorized in 1998 as TEA-21, with expansion of many existing "Enhancements" project categories and the addition of several new ones. TEA-21 is the Federal government's comprehensive transportation banding package. The potential for urban parks funding in this context is generally limited to bicycle and pedestrian trails and projects that directly mitigate the impacts of a transportation-related improvement, above and beyond what would normally be required. Funds could be available to Dublin in association with any 1-580 improvement projects. The Recreational Trails Program, as a part of ISTEA, funds up to 80 percent of project costs on a wide range of motorized and non-motorized trail projects. Funds are administered by the California Department of Parks and Recreation, which in 1998 had $4.2 million to disburse ($2.9 for non-motorized trails and $1.3 million for motorized 19 Implementation Report.doc Implementation Report Western Dublin Extended Planning Area March 25, '2002 trails). The maximum grant to date has been about $400,000, while most grants average about $140,000. Future grant proposal deadlines will be October 1st each year for the next four years. The EBRPD and/or the City of Dublin could apply for fimds to help complete the Western Dublin H. iHs segment of the Calaveras Ridge Trail. OPEN SPACE ACQUISITION FEE ImPact fees are charges levied upon new development by local governments to fund facility improvements. Impact fees are commonly levied for facility improvements such as parks, open space, roads, drainage facilities, water and sewer facilities, and schools. Impact or in-lieu fees may also be used for environmental mitigation under CEQA. Development impacts, such as the loss of agricultural land as documented during the environmental review process, may be partially mitigated by a variety of methods, including the payment of mitigation fees. Mitigation fees are generally charged on a one-time basis when the building permit or the certificate of occupancy is issued. The City of Dublin plans for about 12,000 new dwelling units and 12 million new commercial square feet between now and buildout in 2020. Approximately 5,000 units have already been approved. OPEN SPACE ASSESSMENT OR SPECIAL MAINTENANCE TAXES If the City of Dublin seeks a source of funding for open-space acquisition and/or related open space maintenance and annual operating costs, it may need to establish an assessment or special tax for this purpose. While a tax requires support of two-thirds of the voters, and a minority property owner protest a Popular package and an affordable assessment or tax can promote the likelihood of passage. An assessment or special tax of $25 per household per year for the entire City of Dublin would raise about $200,000 annually for open space land acquisition costs (see mello-roos CFD below as an example). Special Assessment Assessments are charges levied against real property by cities and counties to finance the construction or maintenance of public improvements. There are a number of different types of assessment districts that may be appropriate for open space maintenance. As an example, new development that has dedicated open space to the EBRPD is required in some areas to join a maintenance district, which was created by the EBRPD to assure a stable source of maintenance funding for dedicated open space. 20 Implementation Report Western Dublin Extended Planning Area March 25, 2002 Mello-Roos CFD ' A Mello-Roos Community Facilities District (CFD) tax is a charge levied on properties in a district to pay for public facilities that benefit district properties. Mello-Roos taxes can be used for a greater range of projects and services than assessments, including parks, schools, police, and fire services. Unlike general obligation bonds, Mello-Roos spedal tax revenues can also be used for maintenance activities and on a pay-as-you-go basis. Approval of a Mello-Roos district requires an election of two-thirds of the registered voters in the designated area. However, the majority of Mello-Roos districts to date have been formed under a provision that permits district formation by the owners of two-thirds of the land ff the district contains less than 12 voters. The flexibility of a Mello-Roos CFD, is that it can be used for both capital and operating expenses, making this mechanism the most attractive option for open space/agricultural preservation financing in the post Proposition 218 environment. It is relatively straightforward to establish and it can be used for a variety of services and facilities. 21 lrr~Ieraenhation Report.doc Implementation Report Western Dublin Extended Planning Area March 25, 2002 V. ACTION PLAN The findings on this Implementation Report, later public workshops scheduled before final action by the City Council will lead to an action plan. Once the City Council has given final direction, detailed recommendations including possible financial plans will be prepared. Is the City Council receptive to initiate future General Plan Amendments that would allow limited development options in order to secure open space fee/easements on a majority oft he affected properties? A threshold questions is whether limited development, either as described in Concept A (59 units) or Concept B (6 units) is acceptable given any policy concerns, administrative tasks and voter approvals that may be involved. A key policy concern will be visual impacts. While the central portion of the Nielsen Ranch property appears to be geotechnically sound, it is largely visible from off site locations. The smaller project, Concept B, would have an easier time concealing development, but it may also be visible. Administratively, the effort to approve development in this area may require substantial costs not shown in the site-related cost estimates including additional planning, engineering, and environmental analysis and the costs of processing the application, including annexation, General Plan amendment, and the ballot measure required to amend the General Plan land use designation and location of the Urban Limit Line. 2. Explore potential for creation of Dublin Hills Regional Park. As noted above, the EBRPD is establishing a regional trail on the ridgeline that bisects the Study Area and has consequently made several land and easement acquisitions to further this objective (Figure 2). The regional trail will ultimately connect the Pleasanton Ridge area to the Las Trampas area lying to the north of the Study area. Adding the land that lies to the east of this area, which comprises the Study Area discussed in this Implementation Report, would create a large and permanent open space area or regional park similar to Briones or Las Trampas. The park would take advantage of trail improvements and other open space created by the City on its western boundary. There are a number of ways the City and the EBRPD could cooperate to create such a park, including shared acquisition and funding, joint application for State grants, and cooperative improvement and maintenance. The City should seek a cooperative effort with the EBRPD to study the possibility of creating a regional park or open space area within the Study Area. Various options for cooperatively acquiring property and providing for improvements (access, staging areas, etc.,) and maintenance should be explored. If the basic concept appears to have merit and support by elected representatives of the City and the EBRPD, a Memorandum of Understanding should be 22 Implementation Report Western Dublin Extended Planning Area ~2~ ~ ~ ? March 25, 2002 developed that Would guide the cooperative effort to create the regional park. This regional park could be consistent with the varying approaches to seCUring and funding open space discussed in this Report. 3. Establish FUnding for Open Space Acquisition As discussed above, the City has a number of funding sources available, both existing and those that would require voter approval. Funding the acquisition could occur using existing City funds through a paz:lx-~ership with the East Bay Regional Parks District, obtaining grants, or through creating new funding sources in Dublin such as development impact fees and assessments or special taxes for open space. Depending upon the City's overall goals, funding targets and related actions can be initiated. If funding requirements are limited to acquisition of a few properties it may by sufficient to rely upon existing funds and grants. If a broader acquisition effort is desired, the new · funding sources would need to be pursued. The City should select the preferred funding approach from among the options presented and initiate the effort needed to 'establish the funding source. 4. Begin Acquisition Efforts As discussed in this Report and the prior Options Report, there are a number of ways in which the City could acquire the properties in the Study Area. Specifically, the City could purchase individual properties outright for fair market value from willing sellers, it could form a partnership with the EBRPD to make such acquisitions as presented in Action Step #2, or it could obtain conservation easements from landowners whereupon ranching operations could continue. Direct acquisition from willing sellers is relatively simple to implement compared to the limited development concepts described above. Willing seller acquisition programs have the advantage of compensating affected landowners at fair market value, although doing so may be expensive for the City. If the Limited Development Option discussed above proves unacceptable, the City could begin discussions with property owners of land in the Study Area regarding City acquisition. These discussions can define property owner interests and preferences in order for a transaction and offer to be structured. 5. Take No Action- Given the present designation of the subject properties as Agriculture under the-County General Plan, and the mandate of "Measure M' which requires voter approval of any General Plan Amendment for this area prior to annexation and subsequent development, another approach would be to take no action and let the existing ranching operations continue. No public open space would be acquired or preserved, but agricultural activities would continue for an indefinite period. 23 laws just as we ask cars to follow .laws. We have enforcement tools to get people's attention. If it is the neighbors speeding, it will be up to the neighbors to have some neighborhood meetings to talk about this. There are reasons we have major arterials. Maybe we need to do some outreach to the community and be helpful in finding solutions. She stated she supports opening the first bridge. Following discussion, the Council determined that Staff should arrange a meeting with the community and Police Department to get everybody together to talk about the best way to make this a safe situation. Cm. Oravetz commented he was on the Planning Commission as was Cm. Zika when this was planned. An unidentified audience member asked if there could be additional crosswalks? Mayor Lockhart stated this could be one of the discussion items. On motion of Cm. Oravetz, seconded by Cm. Zika, and by unanimous vote, the Council approved the removal of the existing street closure on Central Parkway at the Tassajara ..Creek Bridge~ opening Central Parkway to traffic between Hibernia Drive and Glynnis :::Rose Drive, and leaving the segment of Central Parkway closed between Glynnis Rose :~Drive .and Tassajara Road, after meeting with the public to discuss the safety issues. REVIEW OF WESTERN DUBLIN EXTENDED PLANNING AREA OPEN SPACE IMPLEMENTATION REPORT 9:46 p.m. $.3 (420-20) Community Development Director Eddie Peabody presented the Staff Report and advised that on October 17, 2000 the City Council aPProved the preparation of an Open Space Implementation Plan for Western Dublin Extended Planning Area. Economic & Planning Systems, Inc., prepared an Implementation Report to provide the City with findings and an action plan to preserve open space in the Western Dublin Extended Planning Area. The Plan was to: identify specific recommendations for the City Council to consider in preserving Open Space in this area; look at options, costs for preserving .and possible funding; and return with a report to be reviewed in two public workshops. Staff proposes to conduct two public workshops on the Implementation Report in December 2001 and January 2002 to obtain public comment. Copies of this Staff Report CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 6, 2001 PAGE 481 have been mailed to those parties who have participated in earlier discussions about Open Space in the Western Extended Planning Areas. When these workshops are complete, Staff will return to the City Council with recommended specific actions. Staff recommended that the Council comment on the Implementation Report and take no action until at, er public workshops in December an~d January. Mr. Walter I<ieser, with EPS reviewed and summarized pertinent issues of the report and discussed some of their conclusions. Cm. McCormick stated she was intrigued by the concept of a Dublin Hills Regional Park. Mr. Kieser stated this is open for discussion. The Council thanked him for his presentation. Larry Tong, EBRPD congratulated Mayor Lockhart and stated it was nice to see some improvements which have been made in the last 5 years. He stated he concurred with EBRPD rote in working with the City and would be willing to explore a partnership with the City. Morgan King, Creekside Drive, stated he felt the report overall is an excellent job and touches on relevant aspects of the issue. It presents two options; one to outright purchase the eastern portion of the area and option two would purchase but utilize some of the funds coming from housing development in the area. He stated he picked up a tone of some skepticism of residential development being politically sustainable in Dublin. Measure M was discussed. Voters supported this because they wanted to preserve what is left of the area. The concern is with the visible area and most people are unaware that there is another 2,000 acres over the hill. He stated he was also attracted to the phrase, Dublin Hills Regional Park. The 2,000 acres should also be incorporated since it is not geologically feasible for development. The Endangered Species Act does have a bearing on what is going on. Would like to see some relevance to this on the 700 or 800 acres that is the eastern part. He discussed the potential affect of the Center for Biological Diversity lawsuit settlement, which set aside huge numbers of acres for whipsnake habitats. This does cover this area and should be addressed. Margaret Tracy, Livermore, spoke for members of Preserve Area Ridgelands Committee and for nearly $0 years they have been looking at preserving ridgelines through $ counties. They have somewhat evolved a policy if the public wants access to the land, they there is reason to buy easements and trails. She stated she hopes the County's Measure D and our Measure M is reflected. Keep the lands under private control to keep them on the tax mils. She mentioned a Falo Alto study in the mid. 1970's where the City CITY COUNCIL MINIJT~ VOLU1VI~ 20 ' REGULAR MEETING November 6, 2001 PAGE 482 figured out cost for development in the hills was so great that it would be cheaper for the public to buy the lands for open space. She stated she was against allowing dwelling units on any part of this scenic property. David Bewley stated he was one of the coauthors of Measure M, and looks forward to the study sessions. He requested that we include impacts with addendum of Measure M. This impacts the rules and regulations of governing this area. This is well written and points out many avenues and possibilities for the City. The opportunities are there. The cost is considerably less than what this City Hall cost, and he asked the Council to consider which would be more of a girl for citizens in the future. Rich Guarienti, Rhoda Avenue, stated the proposal for Dublin Hills Regional Park is very attractive as he is out in the parks quite a bit. He would like to participate in the workshops and would like to get a copy of the report and read it. There are grants and lots of ways to be able to keep this open space. Mark Breazeal, Southwick Drive, stated he would like to see us get more public workshops on this. He was concerned about endangered species. He would like to look for funding whether it be state or federal. Preserving land should also be looked at. What are'the'choices and options of working with EBRPD? This is something we shouldn,t compromise on. The sooner the better for our citizens to enjoy. Roxanne Nielsen congratulated Mayor Lockhart. Speaking as the family that owns property~:they'are willing to work with the City and would like to see the hills preserved. She put in a'vote for fair compensation and she stated the City Council also believes in this. She .also commented she felt that Measure M devalued the land. She looks forward to participating on a committee to provide input. Mayor Lockhart stated all comments will be welcome and these will be public workshops. Mayor Lockhart requested that all Commissioners be provided w/th a copy of the report. They would then be able to address it through their Commission or through the workshops. Cm. Zika stated he thought it was a good idea to incorporate the Measure M impacts. CITY COUNCIL MINUTES VOLUME 20 REGULAR MEETING November 6, 2001 PAGE 483 MINUTES FOR THE PUBLIC WORKSHOP FOR THE WESTERN DUBLIN EXTENDEED PLANNING AREA OPEN SPACE IMPLEMENTATION PLAN December 12, 2001 7:00 p.m. - 9:00 p.m. PRESENT: Eddie Peabody, Community Development Director, Walter Kieser, Principal, Economic & Planning Services, Renuka Dhadwal, Recording Secretary. Number of people in the audience who attended the Workshop: 31. Eddie Peabody opened the meeting at 7:00p.m. Mr. Peabody explained that the purpose of the meeting is to discuss the Western Dublin Extended Planning Area Implementation Report, which was prepared on the direction of the City Council after approving an implementation program in the year 2000. Additionally, the City Council also directed Staff to conduct two public workshops to solicit comments and ideas from the public. Walter Kieser would explain the Implementation Report in detail. Mr. Peabody gave a brief background about the Open Space Program for the benefit of those who were attending the meeting for the first time. He explained that the report provides information to the City Council on the number of oPtions available for them to decide on the issue of Open Space. Walter Kieser, prior to discussing the report asked if anyone had any questions about the background of the program presented by Mr. Peabody. Hearing none, he discussed the options presented in the report in detail. Mr. Kieser explained that the original report looked into the possibility of open space potential and possible options for open space. The second report gives detailed options for Open Space preservation. One way to approach it would be that the City in collaboration with EBRPD (East Bay Regional Park District) acquires interests in these lands for open space purposes. To acquire these lands the implementation study looked at the question of evaluating the cost of acquiring the properties involved. Additionally, the Study also looked into various sources of funding available for acquisitions of these properties. It was determined that allowing development in these areas can be one of the sources of funding. To consider development as an option, a Geotechnical Engineer and Planner was retained to look into the geotechnical characteristics of the area. Collaboration with EBRPD to possibly develop a joint venture in the area was also discussed during a previous presentation. The appraisal information provided states that the value of the property is around $7 million. Based on the research by the Geotechnical Engineer, two development options have been determined. A subdivision in the eastern portion of the area off the existing development using existing road ATTACHMENT connections to access a certain portion of the site. It was determined by the Geotechnical Engineer that the portion was stable for a 59 lot residential development and a loop road would be constructed as an emergency access to the area. A financial analysis was done to determine the feasibility and if it would generate a sufficient value for the land to justify the dedication. A member asked if the Geotechnical Engineer found sulphur deposits in the area which is being considered for Open Space. Mr. Kieser stated that he would ask the Geotechnical Engineer and get a clarification from him. He further explained that when there is development on the hillside area mitigation is required from an engineering standpoint. Ms. Marie Cronin asked who was the property owner for that area. Mr. Kieser replied that the property belonged to the Nielsens. Moving on, Mr. Kieser said that the second alternative for development involved lots with fewer units in them. These would be very feasible from a financial as well as geological standpoint. A member in the audience sought clarification on the two concepts that have been determined. Are they feasible for Dublin from a geotechnical point of view and if it applied to the two Nielsen properties. Additionally, were other properties in the area included in the geotechnical study? Mr. Kieser replied that although the Nielsen property was the main focus other surrounding properties like the Machado, Cronin Heights Milestone Partnership as Well as the property in the north along the County line were also included. He further stated that these properties were extremely problematic geotechnically, and hence development would be difficult and challenging. He further added that the Nielsens property is very visible from all directions. A member in the audience asked, will the proposed road open up to the rest of the area? Mr. Kieser informed that it would not since there would be no point in doing that given the fact there will be no development potential due to the geotechnical difficulties as well as the initiatives that would be required as a result of Measure M and Measure T. A member in the audience asked if Measure M addressed Schaeffer Ranch alone. Mr. Kieser informed that Measure M addressed the entire Western Dublin Planning Area and the Sphere of Influence. Schaeffer Ranch has been annexed to the City and is not subject to Measure M. Moving on Mr. Kieser said that the main purpose for developing these options was to answer Council's questions on feasibility and the potential for development. In conclusion Mr. Kieser said that both of the approaches were feasible and hence would work as well as would generate sufficient value for the private sector to motivate them to dedicate the balance of the site to Open Space. Mr. Kieser explained that in addition to the above mentioned options, the study also looked into various funding sources. One source would be to allow development in the area and obtain the dedication. Mr. Morgan King reminded everyone that there was a third option, which is; there would be no development at all. Mr. Kieser said that it was correct. Based on the appraiser's valuation, the Council may decide to acquire the entire area by purchasing it. Another member of the audience asked why only one appraiser was used for such an important valuation. Mr. Kieser once again clarified that this was done to get a ballpark figure for the value of the area, when the City gets closer to acquiring the property; another appraiser would be brought in. Mr. Kieser explained that the second source of funding was the City's General Funds Reserve. A member in the audience asked how much money was available through this fund? Mr. Peabody stated that he would not be able to answer that question because some of that money is already committed to other projects in the City such as Downtown Improvements, Capital Improvements,. and Affordable Housing. The Council possibly could make a decision on the amount of money to allocate to Open Space when the City's budget for the next fiscal year is scheduled. The third funding source that the report describes is the acquisition by EBRPD to develop a trail or park in the area, which would also reduce the funding expenses for the City. Additional sources of funding that can be used for such acquisitions are: City Grants like Tipping fees or transportation funds, impact fees charged by the City for any development occurring in the city and doing a bond measure, such as an obligation bond, or special tax bond. If the Council takes an action to proceed with the acquisition it will do so by clarifying the funding source it will use for this purpose. Mr. Kieser explained that the Council has various options to choose from as a result of this Study. The purpose of this meeting is to seek input from public on the various options listed and incorporate those comments in the report and present it to the Council. With that Mr. Kieser concluded his presentation and asked the public for questions and comments. Rich Guarienti said that he had some specific comments. First, he asked if the City could notice the next meeting in the newspaper since this affects the whole of Dublin. He stated 'that the best option for the Council to choose would be to collaborate with EBRpD to acquire the land and develop a trail or park there and therefore save that area as open space. Tom Ford suggested that the City should purchase the land not for the fee but for conservation easement. Mr. Kieser said that it is a good idea but the question of it working for Dublin remains to be seen although it has worked for other areas. Mr. Ford wanted to know when the aPpraisal was done as the market has changed in the last six months. Mr. Kieser stated that it was done in June. Mr. Kieser stated that the market would ultimately determine the value and not the appraisal. Mr. Ford also wanted to know if there were any talks of including Schaeffer Ranch in this plan. Mr. Peabody explained that there is an approved development plan for that area but there has been no progress on the plan. As far as acquisition for that area is concerned nobody has come forth to talk about it. A member in the audience asked clarification regarding the Machado property. She wanted to know if it was being considered for Regional Park and why was only one property being negotiated. Mr. Kieser explained that the Machado property was being considered for a regional trail through an easement through the EBRPD. He further explained that they already have an easement through Schaefer Ranch and EBRPD negotiates acquisitions one at a time. A member in the audience asked how viable ranching will be based on the goals or options that are being looked at since that is what the ranchers would like to continue doing. Mr. Kieser explained that there might not be a viable operation once the acquisition is completed. He further explained that the District might decide to lease a portion of the area for cattle grazing. It is an option and the possibility of that happening will be based on the owner's feasibility. Morgan King asked, assuming that the option of purchasing the area out right is considered and an Open Space plan is developed, what would be the access points for that area. Is there a potential access through Eden Canyon Road? Mr. Kieser said that there are lots of possibilities including the Eden Canyon Road, Brittany Lane and Creekside Dr. He further added that it would be ideal to have several small access points, to get better public value, but it is still premature to talk about it since there has been no acquisition yet. Mr. King's second question was regarding funding. He said since one of the funding sources considered were private and public funds and conservation trusts, was there any bias in these organizations for wild life areas as opposed to urban undeveloped areas. Mr. Kieser explained that private dollars and conservation organization dollars are big players in land acquisitions. It is true they do make a lot of purchases related to wild life areas and the private dollars doesn't come into urban areas. But, since EBRPD does attract such funding, therefore that option can be considered. Tim Sprainy, resident of 5194 Topsham Ct., said that he agreed on the idea of collaborating with EBRPD since it is a citywide issue and not just West Dublin. He asked for an example where the EBRPD worked collaboratively with the City Government. Linda Chavez from EBRPD responded that the District has worked with jurisdictions to stretch the dollar in acquisitions. The District's Measure AA has funds for not only acquisitions but also capital improvements. Therefore to answer his question it is a very common practice for the District to work collaboratively. David BeWley read letters from residents who wanted to express their concerns on the issue but were unable to come for the meeting. The letters were from Drs. S.A. Leonard and Ronald Miklebost from 11150 Brittany Lane. A member in the audience asked the difference between Open Space and a Regional Park. Mr. Kieser explained that when the City purchases the land and holds it without any development on it, it is called Open Space. On the other hand the Regional Park is owned by EBRPD and is developed for recreational uses. A member in the audience sought clarification regarding the purpose of the meeting. He asked based on the feedback from this meeting if there is to be a recommendation to the Council. Mr. Peabody stated that the City Council asked Staff to hold public workshops and seek input and report to them. Mr. Kieser clarified that the report does not make any recommendations but merely gives options to the City Council on Open Space preservation. Ultimately it is the City Council that needs to make a decision on which option to choose. Susan Bewley, resident of 11166 Brittany Lane, expressed that she would like the area to be preserved as Open Space. Dave Crowtzca, resident of 8281 Brittany Dr., expressed the need of a concept plan for the potential Regional Park for Council to consider that option. Emmet King, resident of 11460 Rothchild Place, expressed his opinion of preserving the area as Open Space, Ray Glynn, resident of 11215 Rolling Hills Dr., stated that he is opposed to development and would like the area to be preserved as Open Space due to the transportation, water and traffic issues involved. ,He further added that he is also in support of preserving the wild habitat in the area. Jennifer Goss, resident of 8256 Brittany Dr., expressed similar views as Ray Glynn. She inquired if the City Council were to pursue the option of development what other steps would it need to go through before the public vote is required. Mr. Peabody explained that it is not a short process. It would require an Environmental assessment, Planning Commission approval, City Council approval and then the public vote. David Vrba, resident of 8115 Brittany Drive, expressed his support for Open Space. Mr. Peabody thanked everyone for coming to the meeting and for expressing their views. He reminded everyone about the second workshop on January 23, 2002 for those who did not get an opportunity to come to the meeting. He anticipates this item to be on the Council agenda in the spring. Mr. Peabody adjourned the meeting at 8:22p.m. Letters from residents: December 11, 200i Mayor of Dublin Dublin City Council 1 O0 Civic Plaza Dublin, CA 94568 Dear City Mayor and Council Members: As a Silvergate Area resident, I am in support of the City of Dublin creating an open space/preservation region in the western Dublin hills. I am NOT in,favor of any further residential projects for the same region. PRESERVE THE OPEN SPACE AND SAVE OUR HILLS. Sincerely, Signed Dr. S.A. Leonard Resident of 11150 Brittany Lane Dublin, CA 94568 December 11, 2001 Dublin City Council 100 Civic Plaza Dublin, CA 94568 Dear Council Members: As a Dublin resident, I am greatly concerned over any possible further development in the west Dublin hills region. I do, however, support any efforts which are directed in creating an open space area in the west Dublin region. Sincerely, Signed Dr. Ronald Miklebost 11150 Brittany Lane Dublin, CA 94568 G:\wdublin ex ping area\12-12 open space minutes MINUTES FOR THE PUBLIC WORKSHOP FOR THE WESTERN DUBLIN EXTENDEED PLANNING AREA OPEN SPACE IMPLEMENTATION PLAN January 23, 2002 7:00 p.m. - 9:00 p.m. PRESENT: Eddie Peabody, Community Development Director, Walter Kieser, Principal, Economic & Planning Services, Renuka Dhadwal, Recording Secretary. Number of people in the audience who attended the Workshop: 21. Eddie Peabody opened the meeting at 7:00p.m. Mr. Peabody explained that this was the second of the two public meetings held for the purpose of discussing the Western Dublin Extended Planning Area Implementation Report, which was prepared on the direction of the City Council after approving an implementation program in the year 2000. Additionally, the City Council also directed Staff to conduct two public workshops to solicit comments and ideas from the public and incorporate them in the minutes and present them to the Council. He stated that this item might be on the City Council's March 5, 2002 agenda. Mr. Peabody gave a brief background about the Program and its purpose. Tom Ford, resident of Dublin, wanted to know the status of the Schaeffer Ranch project. Mr. Peabody stated that there is no development on the Schaeffer Ranch property since it was shelved due to the endangered species act. Ms Linda Chavez, representative from East Bay Regional Parks District clarified that California Higlands dedicated the area adjacent to the Schaeffer Ranch area to EBRPD. Mr. Kieser reviewed the report in detail. He explained that under Council's direction two options were looked into. First, acquisition of the entire 860-acre area including the cost of the acquisition and second, 'partial' development in the area. The City Council also asked to look into various funding options. An Appraiser was hired to appraise the value of the properties based on current market situation, keeping in mind the current uses as well as future uses. The properties were valued at $7 million. A Geotechnical Engineer was retained to evaluate the feasibility of partial development in the area. Given the feasibility, cost for development was als° evaluated. It was determined that the cost for the partial development would be $4 million. Since the development would take place on part of the property, the remainder area would be dedicated for open space. Various funding sources were looked into. ' ATTACHMENT 3 Roxanne Nielsen, a Dublin resident asked how long would the process take once the City opted to cooperate with EBRPD to develop a community park. Mr. Kieser informed that it would depend on the complexity of the transaction and how quickly the parties involved are able to reach an agreement. A member in the audience asked what were the maintenance requirements for a park and if the costs for maintenance were taken into account in the report: Mr. Kieser stated that there were a number of issues involved in maintenance. They were: security, weed abatement, liability insurance, and other costs. He stated that the EBRPD budgets every year for maintenance in the range of $100,000. These issues have not yet been taken into account since the use for the property has not been determined yet. A member in the audience suggested that at the time of acquisition, the City should assist the property owners in keeping the acquisition money since it will have a great impact on tax and inheritance. Mr. Kieser said that at the time of the transaction these issues would be worked out to the property owners' advantage. David Bewley, a Dublin resident wanted the City to include the input and comments from the homeowners whose properties back up to the Nielsen property in its analysis. Mr. Kieser stated that it would be done. A member in the audience asked how the public workshops conducted fit into the process of changing a designation on the General Plan. Mr. Kieser stated that if there were an acquisition it would not change the zoning of the area. It would restrict development in the area. Mr. Peabody stated that a public hearing is held before the Planning Commission when a zoning for a particular property is.being changed. Determining options for Open Space and the subsequent action thereafter would not change the zoning for the area, and hence it does not require Planning Commission approval. Following Council's direction, Staff conducted the two public workshops to seek input from public and incorporate it into the staff report for the Council. Ms. Nielsen suggested seeking public input from other people in the city and not just from neighborhoods that have been impacted. Mr. Kieser stated that at the time of presenting this report to the Council, a suggestion would be made to conduct an opinion poll to seek public input. The questions in the poll will be constructed in a way that people understand the options being reviewed. Mr. Bewley expressed his opinion on preserving the area as Open Space. A member in the audience suggested that public comments on Open Space should be made available by the City on its web page. Mr. Guarienti, a Dublin resident expressed his opinion on Open Space preservation. He stated that a public access to the ridgeline is necessary. A member in the audience suggested conservation easements for the area. Tom Ford stated that any kind of development, whether a trail or partial development, would be contrary to the objectives of Open Space. Mr. Kieser stated that this report was prepared on Council's direction. Mr. Emmett King, a Dublin resident wanted to know what these meetings have accomplished. Mr. Kieser advised Mr. King that all the suggestions and comments by the members present are being noted and will be incorporated into the staff report to the City Council. A member in the audience once again sought clarification on the process. Mr. Kieser and Mr. Peabody stated that no 'planning process' was necessary since there is no change to the zoning of the area. Mr. Morgan King stated there were some discrepancies in the numbers provided in the report. Mr. Keiser stated that an appraiser provided these numbers and is just an estimate and not the actual amount. Mr. Mark Braezael suggested providing a handicap access to the trail. A member in the audience supported Mr. Braezael's suggestion. Ms. Cronin expressed her opinion on the issue. She said that the property owners should be treated fairly. Mr. Brazael suggested that the hearing for this project should be postponed until after the election. Other members in the audience agreed with him. Mr. Peabody suggested that Mr. Brazael should discuss the suggestion with the Council. Hearing no other questions and comments Mr. Peabody adjourned the meeting at 8:30 p.m. G: \ wdublin ex plng area\ 1-23 open space minutes 4