HomeMy WebLinkAbout6.5 Fallon Village GP East Dub SP
CITY CLERK
File # D~[i]rm-[2][(l]
)( lJJDO - ~O
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 1, 2007
SUBJECT:
ATTACHMENTS:
3)
RECOMMENDATION: _ J 1)
~\J /(fft" ~l
u 4)
5)
6)
COPY TO: Braddock & Logan
PUBLIC HEARING: Update of Fee to Recover Costs of Preparing
the General Plan and Eastern Dublin Specific Plan Amendments and
Related Studies and Approvals for the area known as the Eastern
Dublin Property Owners Annexation Area (aka Fallon Village) and a
Related Reimbursement and Credit Agreement with Dublin RE
Investors, LLC and Braddock & Logan Group II, LP for funding
advanced to the City for preparation ofthe General Plan and Eastern
Dublin Specific Plan Amendments and Related Studies.
Report Prepared by Elizabeth H. Silver, City Attorney,
and Leah Peachey, Associate Attorney
1)
Resolution Updating the Fee to Recover Costs of Preparing
Amendments to the General Plan and the Eastern Dublin
Specific Plan and Related Studies and Approvals.
Resolution Approving Reimbursement and Credit Agreement
between the City, Dublin RE Investors, LLC and Braddock
& Logan Group II, LP for the Costs of Preparing a General
Plan Amendment and Specific Plan Amendment and Related
Studies and Approvals for the Eastern Dublin Property
Owners Annexation Area (with Reimbursement Agreement
attached as Exhibit A).
City Council Resolution 198-03.
2)
7)
Receive Staff presentation;
Open the Public Hearing;
Receive testimony from the Applicant;
Receive Public Testimony;
Close Public Hearing and deliberate;
Adopt Resolution Updating the Fee to Recover Costs of
Preparing Amendments to the General Plan and the Eastern
Dublin Specific Plan and Related Studies and Approvals
(Attachment 1); and
Adopt Resolution Approving Reimbursement and Credit
Agreement between the City, Dublin RE Investors, LLC and
Braddock & Logan Group II, LP for the Costs of Preparing a
General Plan Amendment and Specific Plan Amendment and
Page 1 of 4
ITEM NO. 6.~
G:\P A#\2004\04-040 EDPO Specific Plan Amendment\Reimbursement Agmt\ccsr 5. I .07 .DOC
Related Studies and Approvals for the Eastern Dublin
Property Owners Annexation Area (Attachment 2).
FINANCIAL STATEMENT:
The costs of administering the fee program are included in the fee,
therefore there is no net impact to the City's General Fund.
PROJECT DESCRIPTION:
The Eastern Dublin Property Owners Annexation Area (EDPOA), also known as Fallon Village, consists
of 13 contiguous parcels totaling 1,134.4 acres in Eastern Dublin. In September 2002, the City Council
authorized and directed Staff to begin the process of updating land uses and other related planning efforts
for the EDPOA by preparing the necessary studies and documents, including a Resource Management
Plan for possible adoption of a General Plan Amendment (GP A) and Eastern Dublin Specific Plan
Amendment (SPA), related Stage 1 Development Plan for the EDPOA, and associated environmental
review pursuant to the California Environmental Quality Act (CEQA), (collectively, the "GPNSPA
Study"). The City Council further authorized the associated Staff time, legal expenses, and the cost of
consultants to prepare the GP NSP A Study (Resolution No. 167-02).
Background
State law requires every city to have an adequate and up-to-date General Plan (Gov. Code Sections 65300
et seq., 65750-65763). In addition, Government Code Section 66014 provides that fees charged to defray
the cost of planning services may include the costs reasonably necessary to prepare and revise the plans
and policies that a local agency is required to adopt before it can make any necessary findings and
determinations. Moreover, Government Code Section 65456(a) authorizes the adoption of a fee to defray
the costs of preparation, adoption, and administration of a specific plan and the associated environmental
documents.
Existing Fees for Eastern Dublin Specific Plan Area
In November 1994, the City Council adopted Resolution No. 115-94, which imposed a fee on all
properties within the Eastern Dublin Specific Plan Area for the costs incurred in preparation ofthe Eastern
Dublin Specific Plan, as adopted by Resolution No. 53-93 (the "1994 Fee"). In addition, in February
1998, the City Council adopted Resolution No. 16-98, which imposed a fee on all property within the
Eastern Dublin Specific Plan Area for the costs incurred in administering and implementing the Eastern
Dublin Specific Plan and the costs associated with the implementation of the Eastern Dublin Specific Plan
EIR Mitigation Monitoring Program (the "1998 Fee").
2003 Fee for General Plan and Specific Plan Amendments
In March 2002, the Eastern Dublin Property Owners Annexation Area ("EDPOA") was annexed to the
City and became part of the Eastern Dublin Specific Plan Area.
In October 2003, the City Council adopted a Resolution imposing a fee on EDPOA property owners for
the costs of the GP NSP A Study in the amount of $212 per acre (Resolution No. 198-03 which can be
found in Attachment 3). Staff calculated the fee by calculating the total costs of planning efforts in
support of the GPNSPA Study as of July 31, 2003 ($237,116) and dividing that amount by the total
acreage included in EDPOA (then estimated at 1,119), and rounding the result to the nearest whole
number which resulted in a per acre fee of $212 (the "2003 Fee").
In addition, the 2003 Resolution specified that upon completion of the GP NSP A Study, the City Council
would update the fee to recover the full costs incurred by the City in preparing the GP NSP A Study,
including the costs that were unknown, but anticipated, in 2003. The City Council approved the GP A and
Page 2 of 4
SPA for the EDPOA on December 6, 2005 (Resolution No. 223-05). The total costs to prepare the GPA
and SPA have since been identified in order to update the fee.
However, the 1994 Fee and 1998 Fee are still in effect and applicable to the following properties, in
addition to the 2003 fee:
Property Owners Subject to 1994 Fee, 1998 Fee and 2003 Fee (as amended)
Current Assessor's Parcel #
Current Acrea e
985-0027-006 & 007
985-0027-002
985-0001-006-03
985-0001-005-02
905-0001-004-04
985-0027-004
905-0001-004-03
985-0027 -005
First American Title (Jordan Trust
Chen
Anderson
189.7
140.1
50.3
49.6
40.2
1.1
9.3
0.4
EBJ Partners, LP
Monte Vista
Pleasanton Ranch Investments
The aforementioned property owners must pay the 1994 Fee, 1998 Fee and 2003 Fee (as amended)
because the rights conferred by each step of the land use planning benefited these property owners,
regardless of whether they took advantage of the benefits by developing the property. The other EDPOA
property owners will not be subject to the 1994 and 1998 Fees because they were not covered by the
Eastern Dublin Specific Plan at those times.
ANALYSIS:
Proposed Update to the 2003 GP A/SP A Study Fee
The proposed Resolution (Attachment 1) serves to update the 2003 Fee to include the full costs incurred
by the City in preparing the GP NSP A Study the ("EDPOA-Fallon Area Specific Plan Fee"). The updated
EDPOA-Fallon Area Specific Plan Fee is calculated identically to the 2003 Fee. Staff calculated the total
costs of planning efforts in support of the GP NSP A Study, which are summarized in Table 1 below and
further described in Attachment 1:
Resource Mana ement Plan Contract
Cit 's Staff time
Consultant's fees
Cit Attorne s' fees
Total Costs
Table 1: Costs Associated with 2003 GP A/SP A Stud
Cost
$160,803.15
$237,413.12
$665,389.84
$209,121.62
$1,272,727.73
Over the course of the EDPOA planning process, a more accurate measurement of the EDPOA acreage
was obtained, increasing the 1,119 acres used in the 2003 Fee by 15 acres, to a total of 1,134.4 acres in
EDPOA. Thus, the proposed Resolution includes an updated fee of$I,121.94 per acre, which is the result
of$I,272,727.73 total costs incurred divided by 1,134.4 acres.
In addition to establishing the amount of the EDPOA-Fallon Area Specific Plan Fee, the proposed
Resolution lists the types of approvals subject to the Fee and the types of approvals that are exempt from
the Fee. Finally, the proposed Resolution provides that the EDPOA-Fallon Area Specific Plan Fee shall
supersede the existing 2003 Fee once it becomes effective, sixty (60) days following the adoption of the
Page 3 of 4
proposed Resolution, in compliance with state law. In the meantime, any applicant who makes a payment
towards the 2003 Fee shall receive a credit against the EDPOA-Fallon Area Specific Plan Fee when it is
imposed.
Reimbursement Agreement
As an owner of a substantial amount of property in the EDPOA, Dublin RE Investors, LLC and its
assignor, Braddock & Logan Group II, LP, agreed to provide the City with funds adequate to pay the costs
to prepare the GP NSP A Study. Accordingly, Dublin RE Investors, LLC has paid the City the total costs
incurred in preparation of the GPNSPA Study in the amount of $1,272,727.73. The second proposed
Resolution (Attachment 2) approves a Reimbursement and Credit Agreement, which provides that as
revenues are collected from the property owners within the EDPOA, the City will reimburse Dublin RE
Investors for the funds advanced to the City to prepare the GPNSPA Study, less Dublin RE Investors'
proportional share ofthe costs as calculated under the EDPOA-Fallon Area Specific Plan Fee Resolution.
The Reimbursement Agreement also provides that when Dublin RE Investors seeks a discretionary
approval subject to the EDPOA-Fallon Area Specific Plan Fee, it shall receive a credit against such Fee,
up to the amount of reimbursements then owing to Dublin RE Investors, and the amount of the
reimbursements will be reduced accordingly.
Finally, the Reimbursement Agreement provides that Dublin RE Investors' right to reimbursement under
the Agreement shall be personal to Dublin RE Investors and shall continue notwithstanding subsequent
sale or transfer of the EDPOA property.
NOTICING:
Staff sent a notice to all property owners within the EDPOA and to interested parties advising them of the
intent to adopt the updated EDPOA-Fallon Area Specific Plan Fee. A public hearing notice for the
updated Fee was also published twice in the Valley Times and posted at several locations throughout the
City.
. RECOMMENDATION:
Staff recommends that the City Council: 1) Open the Public Hearing; 2) Receive Staff presentation; 3)
Receive testimony from the Applicant; 4) Receive testimony from the public; 5) Close the public hearing
and deliberate; 6) Adopt Resolution Updating the Fee to Recover Costs of Preparing Amendments to the
General Plan and the Eastern Dublin Specific Plan and Related Studies and Approvals (Attachment 1);
and 7) Adopt Resolution Approving Reimbursement and Credit Agreement between the City, Dublin RE
Investors, LLC, and Braddock & Logan Group II, LP for the Costs of Preparing a General Plan
Amendment and Specific Plan Amendment and Related Studies and Approvals for the Eastern Dublin
Property Owners Annexation Area (Attachment 2).
Page 4 of 4
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RESOLUTION NO. XX-07
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DUBLIN
*********************************************
UPDATING THE FEE TO RECOVER COSTS OF PREPARING AMENDMENTS TO THE
GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN AND RELATED STUDIES
AND APPROVALS
WHEREAS, in November 1994, the City Council of the City of Dublin (the "City") adopted
Resolution No. 115-94, which imposed a fee on all property within the Eastern Dublin Specific Plan Area
for the costs incurred in preparation ofthe Eastern Dublin Specific Plan, as adopted by Resolution No. 53-
93 (the "1994 Fee"); and
WHEREAS, in February 1998, the City Council adopted Resolution No. 16-98, which imposed a
fee on all property within the Eastern Dublin Specific Plan Area for the costs incurred in administering
and implementing the Eastern Dublin Specific Plan and the costs associated with the implementation of
the Eastern Dublin Specific Plan EIR Mitigation Monitoring Program (the "1998 Fee"); and
WHEREAS, in March 2002, property referred to as the Eastern Dublin Property Owners
Annexation Area ("EDPOA"; aka Fallon Village), and shown on Exhibit A, was annexed to the City
pursuant to Local Agency Formation Commission ("LAFCO") Resolution No. 02-19, approved on March
26,2002; and
WHEREAS, some ofthe properties in the EDPOA were part ofthe Eastern Dublin Specific Plan
Area when the Specific Plan was adopted in 1994; and
WHEREAS, upon annexation the EDPOA became part of the Eastern Dublin Specific Plan Area,
and is currently comprised of 13 contiguous parcels containing acreage as set forth in Exhibit B; and
WHEREAS, by the approval of Resolution No. 167-02 on September 3,2002, the City Council of
the City of Dublin authorized and directed staff to begin the process of updating land use and other
planning for the EDPOA by preparing the necessary studies and documents, including a Resource
Management Plan, for possible adoption of a General Plan Amendment ("GP A") and Eastern Dublin
Specific Plan Amendment ("SPA"), related and conforming amendments to the Stage 1 Development
Plan for the EDPOA, associated environmental work required pursuant to the California Environmental
Quality Act ("CEQA") and associated Staff time, legal expenses, and the cost of consultants (collectively,
the "GP NSP A Study"); and
WHEREAS, by the approval of Resolution No. 223-05 on December 6,2005, the City Council of
the City of Dublin approved the GP A and SPA; and
WHEREAS, State Law requires consistency between a City's General Plan, as well as its Specific
Plans, and its planning policies and decisions; and
WHEREAS, State Law, including Government Code Section 65300 et seq. and Government
Code Sections 65750 to 65763, requires every city to have an adequate and up-to-date General Plan and
numerous court decisions have held cities liable for failing to have a General Plan that meets all of the
criteria in the Government Code; and
Page 1 of5
5-1-07 ~.5
Attachment 1
;?'1J?/ 1
WHEREAS, Government Code Section 66014 provides that fees charged to defray the cost of
planning services may include the costs reasonably necessary to prepare and revise the plans and policies
that a local agency is required to adopt before it can make any necessary findings and determinations; and
WHEREAS, Government Code Section 65456(a) authorizes the adoption of a fee to defray the
costs of preparation, adoption and administration of a specific plan and the associated environmental
documents; and
WHEREAS, the City and those who wish to develop the EDPOA and who apply for various
entitlements for the property, have an interest in planning for the use of the property in advance, rather
than on a piecemeal basis; and
WHEREAS, developers and property owners ofthe EDPOA benefit from the preparation ofthe
GP NSP A Study; and
WHEREAS, the City completed various planning efforts in support of the adoption of the
GP NSP A Study; and
WHEREAS, it is difficult to segregate the costs involved in planning efforts for the EDPOA
between the GP A and the SPA; and
WHEREAS, the final costs of preparing the GPNSPA Study, including the preparation of the
Resource Management Plan, the City's administrative and overhead costs, such as personnel,
maintenance, operation, and capital costs, consultants' fees and attorneys' fees, are as shown on Exhibit B
hereto; and
WHEREAS, on October 7, 2003, the City Council adopted Resolution No. 198-03 to require
owners of property in the EDPOA to pay a fee to the City for the costs of the GPNSPA Study, and
Resolution No. 198-03 specified that upon completion of the GPA and SPA the City Council should
update the fee to recover the full costs incurred by the City in preparing the GP NSP A Study, including
the then-unknown, yet anticipated, costs for land planning and environmental review (the "2003 Fee); and
WHEREAS, Staff recommends that the City Council of the City of Dublin update the fee
calculated to recover the costs of planning efforts in support of the adoption of the GP NSP A Study as
shown on Exhibit B, which is $1,121.94 per acre (the "EDPOA-Fallon Area Specific Plan Fee"); and
WHEREAS, the 1994 Fee and the 1998 Fee are still in effect and applicable to those EDPOA
properties that were included in the Eastern Dublin Specific Plan in 1994, in addition to the 2003 Fee, as
amended herein; and
WHEREAS, in adopting the EDPOA-Fallon Area Specific Plan Fee set forth in this Resolution,
the City Council of the City of Dublin is exercising its powers under Article XI, Section 7 ofthe
California Constitution; and
WHEREAS, at least 14 days prior to the public hearing at which this Resolution was considered,
notice ofthe time and place of the hearing was mailed to eligible interested parties who filed written
requests with the City for mailed notice of meetings on new or increased fee or service charges; and
WHEREAS, Exhibit B was available for public review and comment for 10 days prior to the
public hearing at which this resolution was considered; and
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WHEREAS, 10 days advance notice of the public hearing at which this resolution was considered
was given by publication twice with at least five days intervening each publication, in accordance with
Section 6062a of the Government Code; and
WHEREAS, the EDPOA-Fallon Area Specific Plan Fee shall become effective 60 days following
the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin finds as
follows:
A. The purpose of the EDPOA-Fallon Area Specific Plan Fee set forth in this resolution is to
recover up to the full recoverable costs incurred by the City in preparing the GPA/SP A Study.
B. After consideration of Exhibit B, the testimony received at a noticed public hearing, the
agenda report, the background documents to the Staff Report, and all correspondence received, the City
Council of the City of Dublin concludes that developers and property owners of the EDPOA seeking to
exercise entitlements benefit from amendments of the General Plan and Eastern Dublin Specific Plan.
C. Adoption ofthe EDPOA-Fallon Area Specific Plan Fee set forth in this Resolution, as it
relates to services provided by the City to developers and property owners ofthe EDPOA seeking to
exercise entitlements, is intended to recover costs necessary to prepare the GP NSP A Study. Consistency
with the General Plan and the Eastern Dublin Specific Plan is a necessary component ofthose services.
D. The documents and testimony presented supporting this Resolution establish that the costs
listed in Exhibit B, are the final costs of preparing the GP NSP A Study, and that the recommended
EDPOA-Fallon Area Specific Plan Fee is a necessary first step in recovering the reasonable costs of
preparing the GP NSP A Study.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does resolve as
follows:
1. EDPOA-Fallon Area Specific Plan Fee Imposed. The EDPOA-Fallon Area Specific Plan
Fee for the EDPOA shall be imposed on and paid by applicants at the times, and in the amounts, and
otherwise apply and be administered as prescribed in this Resolution.
2. Application of and Time for Payment of Fee. Except as provided in Section 4 ofthis
Resolution, the applicant shall pay the EDPOA-Fallon Area Specific Plan Fee listed as "Fee Owed" in
Exhibit B at the time of application for any of the following approvals, whichever application shall be
submitted first, for all gross acres contained in the parcel that is the subject of the application, as set forth
in Exhibit B:
a. building permit;
b. land use, conditional use, or similar permit;
c. vanance;
d. tentative subdivision or parcel map;
e. site development review;
Page 3 of5
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f. development agreement;
g. rezoning; and
h. any other discretionary approval granted by the Zoning Administrator, Community
Development Director, Planning Commission, or City Council for which a finding of
consistency with the Specific Plan is required by state law.
3. Basis for Fee. The amount ofthe EDPOA-Fallon Area Specific Plan Fee shown on
Exhibit B is based on the final costs of planning efforts in support of the preparation of the GP NSP A
Study.
4. Exemptions. The following kinds of approvals are exempt from the EDPOA-Fallon Area
Specific Plan Fee:
a. any addition, modification, or improvement to an existing single family dwelling;
b. any addition, modification, or improvement to an existing nonresidential building
or multifamily dwelling, unless the addition, modification, or improvement results in the
development of a portion of a gross acre;
c. a temporary use permit;
d. any approval for a public building or facility;
e. any approval for a structure not intended for occupancy, and that is accessory to a
permitted use including but not limited to fences, antennas, storage tanks, and mechanical
equipment; and
f. final maps and improvement plans.
5. Effective Date. This Resolution shall become effective immediately. The EDPOA-Fallon
Area Specific Plan Fee shall become effective sixty (60) days following the effective date ofthis
Resolution.
6. Effect on Fee Established by Resolution No. 198-03.
a. Upon the EDPOA-Fallon Area Specific Plan Fee imposed by this Resolution becoming
effective as set forth in Section 5, the fee established by Resolution No. 198-03 shall be
superceded and shall no longer by imposed, except as set forth in Section 6.b.
b. The fee set forth in Resolution No. 198-03 shall remain in effect until the EDPOA-
Fallon Area Specific Plan Fee becomes effective as set forth in Section 5. Any
applicant who has made payment towards the fee set forth in Resolution No. 198-03
shall receive a credit in the amount of such payment against the EDPOA-Fallon Area
Specific Plan Fee, once effective, which shall be imposed at the time of application for
any of the approvals set forth in Section 2. In the event that a court should invalidate
any part of the EDPOA-Fallon Area Specific Plan Fee imposed by this Resolution the
fee imposed by Resolution No. 198-03 shall become effective.
7. Severability. The EDPOA-Fallon Area Specific Plan Fee adopted by this Resolution and
all portions of this Resolution are severable. Should the EDPOA-Fallon Area Specific Plan Fee or any
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portion of this Resolution be adjudged invalid and unenforceable by a body of competent jurisdiction,
then the remaining EDPOA-Fallon Area Specific Plan Fee and/or Resolution portions shall be and
continue in full force and effect, except as to the Resolution portions that have been adjudged invalid.
The City Council ofthe City of Dublin hereby declares that it would have adopted the EDPOA-Fallon
Area Specific Plan Fee and this Resolution and each section, subsection, clause, sentence, phrase and
other portion thereof, irrespective ofthe fact that the EDPOA-Fallon Area Specific Plan Fee or one or
more of sections, subsections, clauses, sentences, phrases or other portions ofthis resolution may be held
invalid or unconstitutional.
PASSED AND APPROVED AND ADOPTED BY the City Council ofthe City of Dublin on this 1 st
day of May, 2007, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\P A#\2004\04-040 EDPO Specific Plan Amendment\Reimbursement Agmt\CC Reso GP A SPA Fee 5.1.07.DOC
Page 5 of5
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EXHIBIT A
Map ofthe Eastern Dublin Property Owners Annexation Area (aka Fallon Village)
m~"'~
FaRon ViDage
Property OWD.ership
Exhibit
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Exhibit A: page 1 of 1
1 t6 ?/7
EXlDBIT B
Eastern Dublin Property Owners Annexation Area
~~Il!~J)erty Ownership Infonnation
AndMethodolo~yUsed To Calculate the Allocation Of Fees Owed
Fee Owed
Current Assessor's Parcel # Current Property Owner Current Acreage Fee / Acre Total Project*
905-0002-003 Braddock & Logan 159.5 $1,121.94 $178,949.29
905-0002-001-01 & 002 Croak 165.5 $1,121.94 $185,680.92
985-0027-006 & 007 First American Title (Jordan Trust) 189.7 $1,121.94 $212,831.85
985-0027-002 Chen 140.1 $1,121.94 $157,183.67
985-0001-006-03 Anderson 50.3 $1,121.94 $56,433.54
985-0001-005-02 Righetti Partners 49.6 $1,121.94 $55,648.18
905-0001-004-04 Branaugh 40.2 $1,121.94 $45,101.95
985-0027-004 EBJ Partners, LP 1.1 $1,121.94 $1,234.13
905-0001-004-03 Monte Vista 9.3 $1,121.94 $10,434.03
985-0028-002 Fanon Enterprises 328.7 $1,121.94 $368,781.39
985-0027-005 Pleasanton Ranch Investrrents 0.4 $1,121.94 $448.78
1 I Total Acreage :1 1134.41.............................. ........................................................................................................... ........... ........... ...............................
1* Fee Owed does not accolUlt for any paI1ialpa}'l.llel1tsconected pursuant to Resolution 198-03 pric>rtothefeeupd~t~:
EDPOA-Fallon Area Spe~ific Plan Fee Calculation Per Acre Basis
The following provides the full costs incurred by the City in preparing the GPA and.SJ:>A. and ~elated work fur the EDPOA
and the resultant acre EDPOA- Fallon Study Area Specific Plat;l Fee.
CONTRACT COSTS - RESOURCE MANAGEMENT PLAN
Cost Incurred
$160,803.15
CITY STAFF PROCESSING
237,413.12
CONSULTANT COSTS
665,389.84
CITY ATTORNEY LEGAL COSTS
TOTAL COST GPA/SPA STUDY*
209,121.62
* Note: All costs include City Administrative and Overhead Costs
GROSS ACREAGE OF EDPOA (Rou.nded to the nearest acre)
1,134.4
ALLOCATION ON A PER ACRE BASIS OF
EDPOA- FALLON AREA SPECIFIC PLAN COST
$1,121.94
Exhibit B: Page 1 of 1
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RESOLUTION NO. XX - 07
A RESOLUTION OF THE CITY OF COUNCIL
OF THE CITY OF DUBLIN
**************************************************
APPROVING THE REIMBURSEMENT AND CREDIT AGREEMENT BETWEEN THE CITY
OF DUBLIN, DUBLIN RE INVESTORS, LLC, AND BRADDOCK & LOGAN GROUP II, LP
FOR THE COSTS OF PREPARING A GENERAL PLAN AMENDMENT AND A SPECIFIC
PLAN AMENDMENT AND RELATED STUDIES AND APPROVALS FOR THE EASTERN
DUBLIN PROPERTY OWNERS ANNEXATION AREA
WHEREAS, the Eastern Dublin Property Owners Annexation Area (EDPOA) consists of 1,134
acres in the City of Dublin ("City"), for which the City Council authorized Staffto perform advance
planning (Resolution No. 167-02), including a Resource Management Plan, General Plan Amendment
(GP A), Eastern Dublin Specific Plan Amendment (SPA), related and conforming amendment to the Stage
1 Development Plan for the EDPOA, associated environmental work required pursuant to the California
Environmental Quality Act (CEQA), and associated Stafftime, legal expenses, and the cost of consultants
(collectively the "GP NSP A Study"); and
WHEREAS, as the owner of a substantial amount of property in the EDPOA, Dublin RE
Investors, LLC and its assignor, Braddock & Logan Group II, LP, saw a substantial benefit to its interests
resulting from the aforementioned advanced planning and provided City with funds adequate to pay for
the costs ofthe GP NSP A Study; and
WHEREAS, on October 7, 2003, the City Council ofthe City of Dublin adopted Resolution 198-
03 to require the owners of property in the EDPOA to pay a fee (the "EDPOA-Fallon Area Specific Plan
Fee") to the City for the estimated costs ofthe GP NSP A Study. On May 1,2007, the City Council
adopted Resolution No. _ (Attachment 4 of Exhibit A to this Resolution), which updated the EDPOA-
Fallon Area Specific Plan Fee to reflect the full costs ofthe GP NSP A Study; and
WHEREAS, the City desires to set forth an agreement to document advances of funds made by
Dublin RE Investors, LLC and its assignor Braddock & Logan Group II, LP, and to provide a credit to
Dublin RE Investors for any funds advanced against the EDPOA-Fallon Area Specific Plan Fee due on its
property, and to provide for reimbursement to Dublin RE Investors, LLC of that portion of the cost of the
GP NSP A Study in excess ofthe EDPOA-Fallon Area Specific Plan Fee applicable to its property from
revenues the City receives from the imposition of the EDPOA-Fallon Area Specific Plan Fee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Reimbursement and Credit Agreement as to content and form, which is attached
hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the
Reimbursement and Credit Agreement.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 1 st
day of May, 2007, by the following votes:
AYES:
NOES:
ATTACHMENT 2
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ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\P A#\2004\04-040 EDPO Specific Plan Amendment\Reimbursement Agmt\CC Reso Reimb Credit Agmt 5. I .07.DOC
2
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REIMBURSEMENT AND CREDIT AGREEMENT BETWEEN
THE CITY OF DUBLIN, DUBLIN RE INVESTORS, LLC, AND BRADDOCK & LOGAN
GROUP II, LP FOR THE COSTS OF PREPARING A GENERAL PLAN AMENDMENT
AND SPECIFIC PLAN AMENDMENT AND RELATED STUDIES AND APPROVALS
FOR THE EASTERN DUBLIN PROPERTY OWNERS ANNEXATION AREA
THIS AGREEMENT is entered into this 1st day of May, 2007 (the "Effective
Date) by and between the City of Dublin (hereafter "City") and Dublin RE Investors,
LLC, a California limited liability company (hereafter "Developer") and its assignor,
Braddock & Logan Group II, LP, a California limited partnership (hereinafter "Assignor").
The City, Developer and Assignor are collectively referred to as the "Parties".
RECITALS
A. Developer is the owner of certain real property and has the option to purchase
certain other property, both of which properties are located in a portion of the City of
Dublin annexed to the City pursuant to Local Agency Formation Commission ("LAFCO")
Resolution No. 2002-15, approved on May 9, 2002, referred to as the Eastern Dublin
Property Owners Annexation Area ("EDPOA"; aka Fallon Village), and shown on
Attachment 1 , which is comprised of 13 contiguous parcels containing acreage as set
forth in Attachment 2.
B. Developer obtained the interests described in Recital A though an assignment
agreement with Assignor, which agreement is attached as Attachment 3 and
incorporated herein by reference.
C. By the approval of Resolution No. 167-02 on September 3, 2002, the City
Council of the City of Dublin authorized and directed staff to begin the process of
updating land use and other planning for the EDPOA by preparing the necessary
studies and documents, including a Resource Management Plan, for possible adoption
of a General Plan Amendment ("GPA") and Eastern Dublin Specific Plan Amendment
("SPA"), related and conforming amendments to the Stage 1 Development Plan for the
EDPOA, associated environmental work required pursuant to the California
Environmental Quality Act ("CEQA") and associated staff time, legal expenses, and the
cost of consultants (collectively, the "GPA/SPA Study").
D. Pursuant to California Government Code Sections 66014 and 65456, property
owners in the EDPOA shall be required to reimburse the City for the costs of the
GPA/SPA Study.
E. On October 7,2003, the City Council of the City of Dublin adopted Resolution
198-03 to require the owners of property in the EDPOA to pay a fee to the City for the
estimated costs of the GPA/SPA Study. On May 1,2007, the City Council adopted
Resolution No. _ (Attachment 4), which updated the fee to reflect the full costs of the
GPA/SPA Study (the "EDPOA-Fallon Area Specific Plan Fee").
EXHIBIT A
" ~31
F. As the owner of a substantial amount of property in the EDPOA, Developer
informed the City that it saw substantial benefit to its interests resulting from the
advance planning for the EDPOA that the City Council has directed. Developer,
therefore, agreed to provide City with funds adequate to pay for the costs of the
GPAlSPA Study, and did so in the amount set forth in Attachment 5.
G. The purpose of this Agreement is to document the Developer's advance of funds
of the costs of the GPA/SPA Study; to establish a mechanism to record and provide
credit to Developer for any funds advanced pursuant to this Agreement against the
EDPOA-Fallon Area Specific Plan Fee due on Developer's property; and to provide for
reimbursement to Developer of that portion of the costs of the GPAlSPA Study in
excess of the EDPOA-Fallon Area Specific Plan Fee applicable to Developer's property
to the extent that the City receives fees from the imposition of the EDPOA-Fallon Area
Specific Plan Fee during the term of this Agreement.
AGREEMENT
City and Developer therefore agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are hereby
incorporated by reference.
2. Funds Advanced bv Developer. Developer has previously advanced funds to
the City toward the cost of the GPAlSPA Study in the amount of $1 ,272,727.73 (One
million two hundred and seventy-two thousand seven hundred twenty-seven dollars and
73/100)(the "Advance"), which represents the total costs incurred for the GPA/SPA
Study as set forth in Attachment 5. Developer may, subject to the available balance set
forth in Section 9, receive: a) reimbursement pursuant to Section 4; and 2) credit
pursuant to Section 7.
3. EDPOA-Fallon Area Specific Plan Fee. The GPAlSPA Study will benefit all
property in the EDPOA, not just the Developer's property. The City has adopted the
EDPOA-Fallon Area Specific Plan Fee, by which all property in the EDPOA, including
that owned or controlled by the Developer, will pay its proportionate cost for the
GPAlSPA Study.
4. Reimbursement. Developer may receive reimbursements collected by the
City from Non-Developer EDPOA property owners pursuant to the EDPOA-Fallon Area
Specific Plan Fee. At such time as a reimbursement is received under this provision, an
offsetting reduction will be made to reduce the amount of credits previously granted to
the Developer as recorded in Section 9. City shall have no obligation to reimburse
developer pursuant to this Agreement if balance of credits held by Developer have been
previously exhausted.
5. Time and Manner of Disbursement. Disbursement of Fees collected shall be
made within 120 days of collection by the City. The right to reimbursement shall be
personal to Developer and shall continue notwithstanding Developer's subsequent sale
l21J61
or transfer of Developer's property in the EDPOA. Developer shall have the right to
assign its interest in the entire remaining reimbursement credit balance, to another
person or entity at any time, through an amendment to this Agreement executed by
Developer and City. Developer hereby directs that reimbursement due to Developer
shall be payable to the Developer and mailed to:
Dublin RE Investors, L.L.C.
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94506
Attn: Jeff Lawrence
6. Administrative Fee for Reimbursement. The Parties agree that the City shall
deduct one percent (1%) from all reimbursement payments processed to the Developer
as an administrative fee to cover the administrative costs associated with establishing
and monitoring this Reimbursement and Credit Agreement.
7. Credit for Developer's Share of Costs. When Developer seeks discretionary
approvals subject to the EDPOA-Fallon Area Specific Plan Fee for development of
property under Developer's ownership, or for which Developer is acting as the applicant,
Developer may use credits in-lieu of paying the EDPOA-Fallon Area Specific Plan fee to
the extent that there is a positive balance available.
8. Developer Request for Credit. Developer shall request in writing the
application of credits and City shall reduce the total credit outstanding accordingly.
9. Balance Available for Reimbursement or Credit. Developer hereby agrees
to apply $547,730.68 of its Advance to pay the EDPOA-Fallon Area Specific Plan Fee
for APN 905-0002-003 and APN 985-0028-002; thus, the total Advance available for
reimbursement or credit pursuant to this Agreement is reduced to $724,997.05.
10. Inflation and Interest. Neither the amount of the credit nor the right to
reimbursement will be increased for inflation or will accrue interest.
11. Annual Report. City shall at least annually report to the Developer the
status of the credit and an accounting of all reimbursements made for the year or the
use of credits by Developer.
12. Term. Unless extended by mutual agreement, City's obligation to collect
and Developer's entitlement to receive reimbursement under this Agreement shall
cease at the earlier of the following: 1) December 31,2023 or 2) after the City collects
the entire reimbursement and Developer is reimbursed or has exhausted their credit for
all funds advanced.
13. AssiQnment and Indemnitv. Assignor agrees that all rights and obligations
under this Agreement shall vest solely in the Developer. Developer agrees to indemnify
and hold City harmless for any amounts advanced by Assignor for the EDPOA-Fallon
Area Specific Plan Fee for which Assignor seeks repayment or reimbursement from the
City.
1~1fl
14. Notices. All notices to be given pursuant to this Agreement shall be in
writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
Notices required to be given to Developer shall be addressed as follows:
Dublin RE Investors, LLC
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94506
Attn: Jeff Lawrence
Notice required to be given to Assignor shall be addressed as follows:
Braddock & Logan Group II, LP
4155 Blackhawk Plaza Circle, Suite 201
Danville, CA 94506
Attn: Jeff Lawrence
15. Disputes. Disputes arising out of this Agreement shall be resolved by the
City Manager. The City Manager shall make a final determination on any such dispute
within 30 days of a request to do so by Developer. Any appeal of the City Manager's
decision shall be in writing addressed to the City Council. Final Council action shall be
required before any lawsuit or other legal action may be filed.
16. Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement. Any action to enforce this Agreement
shall be filed in the Superior Court of the County of Alameda.
17. Successors-In-Interest. Except as otherwise provided in this Agreement, for
the term of this Agreement, all of the provisions, rights, powers, terms, covenants, and
obligations contained in this Agreement shall be binding upon the Parties and their
respective heirs, successors (by merger, consolidation or otherwise) and assigns,
devisees, administrators, representatives, lessees, and all other persons or entities
acquiring Developer's property in the EDPOA, or any portion thereof, or any interest
therein, whether by sale, operation of law, or any other manner whatsoever, and shall
inure to the benefit of the parties and their respective heirs, successors (by merger,
consolidation, or otherwise) and assigns. Developer shall hold the City harmless from
any liability, claim or cause of action based upon an allegation that a successor of
Developer gained an interest in Developer's property in the EDPOA without notice of
this Agreement. Developer shall defend any such action with counsel acceptable to
City.
l'~al
18. Counterparts and Exhibits. This Agreement may be executed in duplicate
counterparts, each of which shall be deemed to be an original. This Agreement and its
Attachments constitute the entire understanding and agreement of the parties. This
Agreement and Attachments integrate all of the terms and conditions mentioned herein
or incidental hereto, and constitute the entire understanding of the parties with respect
to the subject matter hereof; and all prior written agreement, understandings,
representations, and statements are terminated and superseded by this Agreement.
19. Attachments. The following attachments are part of this Agreement:
Attachment 1: Map of EDPO Area
Attachment 2: EDPOA Parcel Numbers and Corresponding Acreage
Attachment 3: Assignment Agreement Between Braddock & Logan
Group II, LP and Dublin RE Investors, LLC
Attachment 4: Resolution No.
Attachment 5: Advances Made by Developer
20. Effective Date. This Agreement shall be effective as of the Effective Date.
CITY OF DUBLIN
DUBLIN RE INVESTORS, LLC
a California limited liability company
By:
By:
Richard C. Ambrose, City Manager
Its:
Approved as to form:
BRADDOCK & LOGAN GROUP II, LP
a California limited partnership
By:
Elizabeth H. Silver, City Attorney
Its:
ATTEST:
, City Clerk
G:\PA#\2004\04-040 EDPO Specific Plan Amendment\Reimbursement Agmt\Reimbursement Agmt B&L 4.12.07.DOC
J?~l>1
Attachment 1
Map of Eastern Dublin Property Owners Annexation Area (aka Fallon Village)
'" 0..;, """"'"
Fallon Vilage
PI'Opt'l1y OWnersbip
Exblbit
.
NtJATH
1'1IIlon~~, he.
&ul~w~
fm~Tlt!t:Co.
'"""'-
$M<tlI)tj<>;p
h
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Cro.ik
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Attachment 2
Eastern Dublin Property Owners Annexation Area
Current Property Ownership Information
Current Assessor's
Parcel #
905-0002-003
905-0002-001-01 & 002
Current Pro e Owner
Braddock & Lo an
Croak
First American Title (Jordan
Trust)
Chen
Anderson
Righetti Partners
Branaugh
EBJ Partners, LP
Monte Vista
Fallon Enterprises
Pleasanton Ranch
Investments
159.5
165.5
985-0027 -006 & 007
985-0027-002
985-0001-006-03
985-0001-005-02
905-0001-004-04
985-0027-004
905-0001-004-03
985-0028-002
189.7
140.1
50.3
49.6
40.2
1.1
9.3
328.7
985-0027-005
Total Acrea e:
0.4
1134.4
l'rt> ~ 1
Attachment 3
ASSIGNMENT AND ASSUMPTION OF PURCHASE
AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT
("Assignment Agreement") is made and entered into as of October 29,2002 (the
"Effective Date"), by and between BRADDOCK & LOGAN GROUP II, L.P., a
Califomia limited partnership ("Assignor") and DUBLIN RE INVESTORS, LLC
("Assignee").
RECITALS
A. Assignor, as the buyer, and Fallon Enterprises, Inc. ("Seller"), as the seller,
entered into that certain Option Agreement, dated as of December 31,1999 (the
"Purchase Agreement"), pursuant to which Seller agreed to sell to Assignor, and
Assignor agreed to purchase from Seller, upon the tenns and conditions set forth therein,
certain real property owned by Seller located in Dublin, County of Alameda, State of
Califomia, and more particularly described on Exhibit A hereto ("Property").
B. Capitalized tenns not otherwise defined herein shall have the meaning
given such terms in the Purchase Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth in this Assigmnent Agreement, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee
hereby agree as follows:
1. Assh!nment. Effective as of the date first written above, Assignor
hereby assigns, transfers and conveys to Assignee all of Assignor's right, title and interest
in, to and under (a) the Purchase Agreement, including without limitation all right title
and interest in and to any and all deposits made pursuant thereto, and (b) all non-
proprietary documents, materials and agreements prepared by or on behalf of Assignor
with respect to the Property and in Assignor's possession or reasonably available to
Assignor (collectively, the "Documents and Materials").
2. Assumption. Effective as of the Closing Date, Assignee hereby
accepts said assignment, transfer and conveyance of all of Assignor's right, title and
interest in, to and under the Purchase Agreement and in and to the Documents and
Materials, and assumes and agrees to perform all of the tenns, covenants, conditions and
obligations required to be performed by Assignor under the Purchase Agreement and the
Documents and Materials which may accrue after the Effective Date.
CorporationDocs.DublinRE.Assigmnent.form
l Zd/J~ 1
3. General Provisions.
(a) Continuation and Survival of Representations. Warranties.
Indemnifications and Covenants. All representations, warranties, indemnifications and
covenants by the parties contained herein or made in writing pursuant to this Agreement
are intended to be and shall remain tme and correct as of the time of Closing, shall be
deemed to be material, and shall survive the execution and delivery of this Agreement
and the delivery of the grant deed and transfer oftitle. All statements contained in any
certificate or other instmment delivered at any time or on behalf of Assignor or Assignee
in cormection with the transaction contemplated hereby shall constitute representations
and warranties hereunder.
(b) Counterparts. In the event this Agreement is executed in
counterparts, each of such counterparts shall, for all purposes, be deemed an original and
all such counterparts, taken together, shall constitute one and the same agreement.
(c) Headin2s. The headings used herein are for purposes of convenience
only and should not be used in constming the provisions hereof.
(d) Entire A2reement. This document represents the entire agreement
between the parties with respect to the subject matter hereof and supersedes all other
prior agreements. This Agreement may only be modified by a written instmment signed
by both parties.
(e) Time ofthe Essence. Time is of the essence of this Agreement.
(t) Governin2 Law. This Agreement is entered into and shall be
governed by and constmed in accordance with the laws of the State of California.
(g) Interpretation. This Agreement shall be constmed according to the
fair meaning of its language. The mle of constmction to the effect that ambiguities are to
be resolved against the drafting party shall not be employed in interpreting this
Agreement.
2
}q~ ~7
IN WITNESS WHEREOF, the parties have executed this Assignment Agreement as of
the day and year above written.
ASSIGNOR:
BRADDOCK & LOGAN GROUP II, L.P.,
a California limited partnership
By: Braddock & Logan Services; Inc.,
a California corporation,
Its: General P er
ASSIGNEE:
DUBLIN RE INVESTORS, LLC
By: Braddock & Logan Services, Inc.,
a California corporation,
Its: Manager
BY.~
.1. I I .~
3
LEGAL DESCRIPTION
. REAL PROPERTY in the Unincorporated Area, County of Alameda, State of California, described
as follows:
PARCEL ONE:
A portion of the south 1/2 of Section 27 and a portion of the north 1/2 of Section 34, Township 2
South, Range 1 East, Mount Diablo Base and Meridian, described as follows:
Beginning at the northerly tenninus of the center of Fallon Road in the southern boundary of the
Fallon Ranch; thence along the center of an existing roadway; North 18040' West, 63.33 feet, North
34059' 21" West, 100.06 feet, North 21015' West, 100.00 feet, North 30 00' West, 100.00 feet; and
North 10 00' East, 100.00 feet; hence leaving said center of said roadway and running along a tangent
-170.00 foot radius curve to the left through a central angle of 40020' for an arc distance of 119.67
feet to a point of Reverse Curvature in an existing fence line in the westerly line of the westerly fork
in said roadway; thence along said westerly line of aid roadway and said fence line on 500.00 foot
radius curve to the right, through a central angle of 350 45' for an arc distance of 311.98 feet to a
comer in said fence line; thence leaving said line of said roadway and continuing along said fence line
and its westerly prolongation, North 82040' West, 200.00 feet; hence North 15051' 43" West, 272.48
feet; thence North 13030' East, 453.59 feet; thence East 470.00 feet to the hereinabove said westerly
line of said roadway; thence along said line of said roadway on the following courses: North 370 40'
East, 177.15 feet, North 270 15' Eat, 182.90 feet, North 70 00' West, 100.00 feet, and North 11000'
West, 130.00 feet; thence the following courses; from a tangent bearing North 680 00' West, running
along a 160.00 foot radius curve to the right through a central angle of 550 00' for an arc distance
of 153.59 (eet to a point of Reverse Curvature; thence along a 100.00 foot radius curve to the left
through a central angle of 15020' for an arc distance of 26.76 feet to a point of Reverse Curvature;
thence along a 400.00 foot radius curve to the right throlJgh a central angle of 340 15' for an arc
distance of 239.11 feet to a point of Reverse Curvature; thf.lnce along 170.00 foot radius curve to the
left through a central angle of 340 35' for an arc distance of 102.61 feet; thence North 280 40' West,
200.00 feet; thence along a tenant 165.00 foot radius curve to the right through a central angle of 570
00' for an arc distance of 164.15 feet; thence North 280 20' East, 250.00 feet North 200 30' West,
220.00 feet to the southerly line of an existing roadway; thence from a tangent bearing South 860 35'
West, running along said southerly line of said roadway on a 300.00 foot radius curve to the left
through a central angle of 190 35' for an arc distance of 102.54 feet; thence North 230 00' West,
208.22 feet; hence East 660.80 feet; thence at right angles, North 1,781.78 feet; hence North 890 43'
43" East, 2,258.55 feet; hence South 00 40' 34" West, 5277.52 feet; thence West 2,640.35 feet to the
point of beginning.
Excepting therefrom any portion thereof described in the Quitclaim Deed to Chang Su-O Lin, et ai,
recorded December 27, 1991, Series No. 91-344397, Official Records.
OotJ37
~
PARCEL TWO:
The land conveyed to Fallon Enterprises, Inc., a California Corporation by Quitclaim Deed recorded
December 27, 1991, Series No. 91-344396, Official Records.
PARCEL THREE:
An easement for ingress and egress, appurtenant to Parcel One above, granted to Fallon Enterprises,
Inc., a California corporation, recorded July 21, 1970, Series No. 77340, Reel 2658 OR, Image 335,
over a portion of the southwestern 1/4 of Section 34, Township 2 South; Range 1 East, Mount Diablo
Base and Meridian described as follows:
Beginning at the northerly terminus of the center of Fallon Road in the southern boundary of Fallon
Ranch; thence West 31.67 feet along an existing fence line; thence leaving said fence line and running
North 18040' West 63.33 feet; thence parallel with said fence line, East 31.67 feet; thence South 180
40' East 63.33 feet to the point of beginning.
A. P. No. 985-0007-2-14
*****
EXHIBIT A
;}1'1J37
99065224
LEGAL DESCRIPTION
REAL PROPERTY in the City of Pleasanton, Township of Murray, County of Alameda, State of
California, described as follows:
The northwest 1/4 of Section 35, Township 2 South, Range 1 East, Mount Diablo Base and Meridian.
Excepting that portion conveyed to County of Alameda by deed recorded January 2, 1918 in Book
2630 of Deeds, Page 80, Alameda County Records.
A.P. No.: 905-0002-003
*****
EXHIBIT A
~?UO?;1
pllWIJ~' '-l.{~
, Attachment 4
;)?;~31
RESOLUTION NO. XX-07
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DUBLIN
*********************************************
UPDATING THE FEE TO RECOVER COSTS OF PREPARING AMENDMENTS TO THE
GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN AND RELATED STUDIES
AND APPROV ALS
WHEREAS, in November 1994, the City Council ofthe City of Dublin (the "City") adopted
Resolution No. 115-94, which imposed a fee on all property within the Eastern Dublin Specific Plan Area
for the costs incurred in preparation ofthe Eastern Dublin Specific Plan, as adopted by Resolution No. 53-
93 (the "1994 Fee"); and
WHEREAS, in February 1998, the City Council adopted Resolution No. 16-98, which imposed a
fee on all property within the Eastern Dublin Specific Plan Area for the costs incurred in administering
and implementing the Eastern Dublin Specific Plan and the costs associated with the implementation of
the Eastern Dublin Specific Plan EIR Mitigation Monitoring Program (the "1998 Fee"); and
WHEREAS, in March 2002, property referred to as the Eastern Dublin Property Owners
Annexation Area ("EDPOA"; aka Fallon Village), and shown on Exhibit A, was annexed to the City
pursuant to L,ocal Agency Formation Commission ("LAFCO") Resolution No. 02-19, approved on March
26, 2002; and
WHEREAS, some ofthe properties in the EDPOA were part ofthe Eastern Dublin Specific Plan
Area when the Specific Plan was adopted in 1994; and
WHEREAS, upon annexation the EDPOA became part of the Eastern Dublin Specific Plan Area,
and is currently comprised of 13 contiguous parcels containing acreage as set forth in Exhibit B; and
WHEREAS, by the approval of Resolution No. 167-02 on September 3,2002, the City Council of
the City of Dublin authorized and directed staffto begin the process of updating land use and other
planning for the EDPOA by preparing the necessary studies and documents, including a Resource
Management Plan, for possible adoption of a General Plan Amendment ("GP A") and Eastern Dublin
Specific Plan Amendment ("SPA"), related and conforming amendments to the Stage 1 Development
Plan for the EDPOA, associated environmental work required pursuant to the California Environmental
Quality Act ("CEQA") and associated Staff time, legal expenses, and the cost of consultants (collectively,
the "GP NSP A Study"); and
WHEREAS, by the approval of Resolution No. 223-05 on December 6, 2005, the City Council of
the City of Dublin approved the GPA and SPA; and
WHEREAS, State Law requires consistency between a City's General Plan, as well as its Specific
Plans, and its planning policies and decisions; and
WHEREAS, State Law, including Government Code Section 65300 et seq. and Government
Code Sections 65750 to 65763, requires every city to have an adequate and up-to-date General Plan and
numerous court decisions have held cities liable for failing to have a General Plan that meets all of the
criteria in the Government Code; and
Page 10f5
;} t.f 1>?:J 1
WHEREAS, Government Code Section 66014 provides that fees charged to defray the cost of
planning services may include the costs reasonably necessary to prepare and revise the plans and policies
that a local agency is required to adopt before it can make any necessary findings and determinations; and
WHEREAS, Government Code Section 65456( a) authorizes the adoption of a fee to defray the
costs of preparation, adoption and administration of a specific plan and the associated environmental
documents; and
WHEREAS, the City and those who wish to develop the EDPOA and who apply for various
entitlements for the property, have an interest in planning for the use ofthe property in advance, rather
than on a piecemeal basis; and
WHEREAS, developers and property owners ofthe EDPOA benefit from the preparation of the
GP NSP A Study; and
WHEREAS, the City completed various planning efforts in support of the adoption of the
GP NSP A Study; and
WHEREAS, it is difficult to segregate the costs involved in planning efforts for the EDPOA
between the GP A and the SPA; and
WHEREAS, the final costs of preparing the GPNSPA Study, including the preparation of the
Resource Management Plan, the City's administrative and overhead costs, such as personnel,
maintenance, operation, and capital costs, consultants' fees and attorneys' fees, are as shown on Exhibit B
hereto; and
WHEREAS, on October 7,2003, the City Council adopted Resolution No. 198-03 to require
owners of property in the EDPOA to pay a fee to the City for the costs of the GP NSP A Study, and
Resolution No. 198-03 specified that upon completion of the GPA and SPA the City Council should
update the fee to recover the full costs incurred by the City in preparing the GP NSP A Study, including
the then-unknown, yet anticipated, costs for land planning and environmental review (the "2003 Fee); and
WHEREAS, Staff recommends that the City Council of the City of Dublin update the fee
calculated to recover the costs of planning efforts in support of the adoption of the GP NSP A Study as
shown on Exhibit B, which is $1,121.94 per acre (the "EDPOA-Fallon Area Specific Plan Fee"); and
WHEREAS, the 1994 Fee and the 1998 Fee are still in effect and applicable to those EDPOA
properties that were included in the Eastern Dublin Specific Plan in 1994, in addition to the 2003 Fee, as
amended herein; and
WHEREAS, in adopting the EDPOA-Fallon Area Specific Plan Fee set forth in this Resolution,
the City Council ofthe City of Dublin is exercising its powers under Article XI, Section 7 ofthe
California Constitution; and
WHEREAS, at least 14 days prior to the public hearing at which this Resolution was considered,
notice of the time and place of the hearing was mailed to eligible interested parties who filed written
requests with the City for mailed notice of meetings on new or increased fee or service charges; and
WHEREAS, Exhibit B was available for public review and comment for 10 days prior to the
public hearing at which this resolution was considered; and
Page 2 of5
2151;37
WHEREAS, 10 days advance notice of the public hearing at which this resolution was considered
was given by publication twice with at least five days intervening each publication, in accordance with
Section 6062a of the Government Code; and
WHEREAS, the EDPOA-Fallon Area Specific Plan Fee shall become effective 60 days following
the adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds as
follows:
A. The purpose of the EDPOA-Fallon Area Specific Plan Fee set forth in this resolution is to
recover up to the full recoverable costs incurred by the City in preparing the GP NSP A Study.
B. After consideration of Exhibit B, the testimony received at a noticed public hearing, the
agenda report, the background documents to the Staff Report, and all correspondence received, the City
Council ofthe City of Dublin concludes that developers and property owners ofthe EDPOA seeking to
exercise entitlements benefit from amendments of the General Plan and Eastern Dublin Specific Plan.
C. Adoption of the EDPOA-Fallon Area Specific Plan Fee set forth in this Resolution, as it
relates to services provided by the City to developers and property owners of the EDPOA seeking to
exercise entitlements, is intended to recover costs necessary to prepare the GP NSP A Study. Consistency
with the General Plan and the Eastern Dublin Specific Plan is a necessary component of those services.
D. The documents and testimony presented supporting this Resolution establish that the costs
listed in Exhibit B, are the final costs of preparing the GP NSP A Study, and that the recommended
EDPOA-Fallon Area Specific Plan Fee is a necessary first step in recovering the reasonable costs of
preparing the GP NSP A Study.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does resolve as
follows:
1. EDPOA-Fallon Area Specific Plan Fee Imposed. The EDPOA-Fallon Area Specific Plan
Fee for the EDPOA shall be imposed on and paid by applicants at the times, and in the amounts, and
otherwise apply and be administered as prescribed in this Resolution.
2. Application of and Time for Payment of Fee. Except as provided in Section 4 of this
Resolution, the applicant shall pay the EDPOA-Fallon Area Specific Plan Fee listed as "Fee Owed" in
Exhibit B at the time of application for any ofthe following approvals, whichever application shall be
submitted first, for all gross acres contained in the parcel that is the subject of the application, as set forth
in Exhibit B:
a. building permit;
b. land use, conditional use, or similar permit;
c. vanance;
d. tentative subdivision or parcel map;
e. site development review;
Page 3 of5
2i~1J3-'
f. development agreement;
g. rezoning; and
h. any other discretionary approval granted by the Zoning Administrator, Community
Development Director, Planning Commission, or City Council for which a finding of
consistency with the Specific Plan is required by state law.
3. Basis for Fee. The amount of the EDPOA-Fallon Area Specific Plan Fee shown on
Exhibit B is based on the final costs of planning efforts in support of the preparation of the GPNSPA
Study.
4. Exemptions. The following kinds of approvals are exempt from the EDPOA-Fallon Area
Specific Plan Fee:
a. any addition, modification, or improvement to an existing single family dwelling;
b. any addition, modification, or improvement to an existing nonresidential building
or multifamily dwelling, unless the addition, modification, or improvement results in the
development of a portion of a gross acre;
c. a temporary use permit;
d. any approval for a public building or facility;
e. any approval for a structure not intended for occupancy, and that is accessory to a
permitted use including but not limited to fences, antennas, storage tanks, and mechanical
equipment; and
f. final maps and improvement plans.
5. Effective Date. This Resolution shall become effective immediately. The EDPOA-Fallon
Area Specific Plan Fee shall become effective sixty (60) days following the effective date ofthis
Resolution.
6. Effect on Fee Established by Resolution No. 198-03.
a. Upon the EDPOA-Fallon Area Specific Plan Fee imposed by this Resolution becoming
effective as set forth in Section 5, the fee established by Resolution No. 198-03 shall be
superceded and shall no longer by imposed, except as set forth in Section 6.b.
b. The fee set forth in Resolution No. 198-03 shall remain in effect until the EDPOA-
Fallon Area Specific Plan Fee becomes effective as set forth in Section 5. Any
applicant who has made payment towards the fee set forth in Resolution No. 198-03
shall receive a credit in the amount of such payment against the EDPOA-Fallon Area
Specific Plan Fee, once effective, which shall be imposed at the time of application for
any of the approvals set forth in Section 2. In the event that a court should invalidate
any part ofthe EDPOA-Fallon Area Specific Plan Fee imposed by this Resolution the
fee imposed by Resolution No. 198-03 shall become effective.
7. Severability. The EDPOA-Fallon Area Specific Plan Fee adopted by this Resolution and
all portions ofthis Resolution are severable. Should the EDPOA-Fallon Area Specific Plan Fee or any
Page 4 of5
21~~7
portion of this Resolution be adjudged invalid and unenforceable by a body of competent jurisdiction,
then the remaining EDPOA-Fallon Area Specific Plan Fee and/or Resolution portions shall be and
continue in full force and effect, except as to the Resolution portions that have been adjudged invalid.
The City Council ofthe City of Dublin hereby declares that it would have adopted the EDPOA-Fallon
Area Specific Plan Fee and this Resolution and each section, subsection, clause, sentence, phrase and
other portion thereof, irrespective of the fact that the EDPOA-Fallon Area Specific Plan Fee or one or
more of sections, subsections, clauses, sentences, phrases or other portions of this resolution may be held
invalid or unconstitutional.
PASSED AND APPROVED AND ADOPTED BY the City Council ofthe City of Dublin on this 1st
day of May, 2007, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\P A#\2004\04-040 EDPO Specific Plan Amendment\Reimbursement Agmt\CC Reso GP A SPA Fee 5. I .07.DOC
Page 5 of5
EXHIBIT A
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Map ofthe Eastern Dublin Property Owners Annexation Area (aka Fallon Village)
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Property OWnership
Exhibit
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Exhibit B: Page 1 of 1
~11J31
EXHIBIT A
Map ofthe Eastern Dublin Property Owners Annexation Area (aka Fallon Village)
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Fallon Village
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Exhibit A: page 1 of 1
6D~31
ExmBIT B
Eastern Dublin Property Owners Annexatiou Area
Current Property Ownershiplnfonnation
And MethodologylJs"~"~~To Calculate the Allocation Of Fees Owed
Fee Owed
Current Assessor's Parcel # Current Property Owner Current Acreage Fee / Acre Total Project*
905-0002-003 Braddock & Logan 159.5 $1,121.94 $178,949.29
905-0002-001-01 & 002 Croak 165.5 $1,121.94 $185,680.92
985-0027-006 & 007 First American Title (Jordan Trust) 189.7 $1,121.94 $212,831.85
985-0027-002 Chen 140.1 $1,121.94 $157,183.67
985-0001-006-03 Anderson 50.3 $1,121.94 $56,433.54
985-0001-005-02 Righetti Partners 49.6 $1,121.94 $55,648.18
905-0001-004-04 Branaugh 40.2 $1,121.94 $45,101.95
985-0027-004 EBJ Partners, LP 1.1 $1,121.94 $1,234.13
905-0001-004-03 Monte Vista 9.3 $1,121.94 $10,434.03
985-0028-002 Fanon Entetprises 328.7 $1,121.94 $368,781.39
985-0027-005 Pleasanton Ranch Inves1:rIlents 0.4 $1,121.94 $448.78
Total Acreage: 1134.4
* Fee Owed does not account for any partial payments collected pursuant to Resolution 198-03 prior to the fee '.!f'r1<>tp
EDPOA-Fallon Area Spe~ific;Plan Fee Calculation Per Acre Basis
The fullowin~pr()yides the full costs incurred by the City in the GP A and SPA and related work for the EDPO A
and the resultant per acre EDPOA- Fallon Study Area Plan Fee.
Cost Incurred
CONTRACT COSTS - RESOURCE MANAGEMENT PLAN $160,803.15
CITY STAFF PROCESSING 237,413.12
CONSULTANT COSTS 665,389.84
CITY ATfORNEYLEGAL COSTS 209,121.62
TOTAL COST GPA/SPA STUDY* $1,272,727.73
* Note: All costs include City Administrative and Overhead Costs
GROSS ACREAGE OF EDPOA (~o.lIntledtoJhe nearest acre)
1,134.4
ALLOCATION ON A PER ACRE BASIS OF
EDPOA- FALLON AREA SPECIFIC PLAN COST
$1,121.94
Exhibit B: Page 1 of 1
31'031
Attachment 5
Advances Made by Developer
Cost of contract to prepare
Resource Management Plan
$ 160,803.15
$ 237,413.12
$ 665,389.84
$ 209,121.62
City's Staff time and capital costs
Consultants' Fees
City Attorneys' Fees
Note: All costs include City's Administrative
And Overhead Costs
Total Costs Incurred for GPAlSPA Study
$ 1,272,727.73
3'2~31
RESOLUTION NO. 198 - 03
RESOLUTION OF THE <;ITY COUNCIL
OF THE CITY OF DUBLIN
"'''''''*'''''''''''''''
ADOPTING A FEE TO RECOVER COSTS OF PREPARING AMENDMENTS TO THE
GENERAL PLAN AND THE EASTERN DUBLIN S'ECIFICPLAN
WHEREAS, property located in a portion of the City of Dublin was recently annexed to the City
pursuant to Local Agency Formation Commission ("LAFCO") Resolution No.02-19, approved on March
26, 2002, referred to as the Eastern Dublin Property Owners area ("EDPO"), and shown on Exhibit A;
and
WHEREAS, by the approval of Resolution No. 167-02 on September 3, 2002, the City Council of
the City of Dublin authorized a,nddir~teli sttlfl)opegin the process of updating land use and other
planning for the EDPO by preparing the necessary studies and documents, including a Resource
Management Plan, for possible adoption of a ~neml Pla,ntW!~4!r!t~J~t ~(t ~~t.'~ pu..,1!n Specific Plan
Amendment ("GP A" and "SPA", respectively, or "amendments"), associated environmental work
required pursuant to the California Environmental Quality Act ("CEQA") and asso<;iated Stafftillle, legal
expenses, and the cost of consultants; and
WHEREAS, state law requires consistency between a city's general plan, as well as its specific
plans, and its planning policies and decisions; and
WHEREAS, State law, including Government Code Section 65300 et seq. and Government Code
Sections 65750 to 65763, requires every city to have an adequate and up-to-date general plan and
numerous court decisions have held cities liable for failing to have a general plan that meets all of the
criteria in the Government Code; and
WHEREAS, Government Code Section 66014 provides that fees charged to defray the cost of
planning services may include the costs reasonably necessary to prepare and revise the plans and policies
that a local agency is required to adopt before it can make any necessary findings and determinations; and
WHEREAS, Government Code Section 65456(a) authorizes the adoption of a fee to defray the
costs of preparation, adoption and administration of a specific plan and the associated environmental
documents; and
WHEREAS, the City and those who wish to develop the EDPO and who apply for various
discretionary approvals for the property, have an interest in planning for the use of the property in
advance, rather than on a piecemeal basis; and
WHEREAS, developers and property owners of the EDPO would benefit from the preparation of
amendments to the Dublin Plan and the Eastern Dublin Specific Plan; and
WHEREAS, the City has commenced planning efforts in support of the adoption of the GP A and
SPA, including contracting to prepare a Resource Management Plan; and
WHEREAS, it is difficult to segregate the costs involved in planning efforts for the EDPO
between the OP A and the SPA; and
ATTACHMENT 3
331}7
WHEREAS, the costs to date of commencing planning efforts in support of the adoption of the
GP A and SPA, including the consultant contract to prepare the Resource Management Plan, the City's
administrative and overhead costs, such as personnel, maintenance, operation, professional services, and
capital costs, and attorneys' fees, are as shown on Exhibit B hereto; and .
WHEREAS, Staff recommends that the City Council of the City of Dublin first adopt a fee
("Fee") calculated to recover the costs to date of commencing planning efforts in support of the adoption
of the GP A and SPA as shown on Exhibit B; and
WHEREAS, Staff recommends that the City Council of the City of Dublin, upon completion of
the GP A and SPA, adopt a resolution updating the fee to recover the full costs incurred by the City in
preparing the amendments, including the unknown, yet anticipated, costs for land planning and
environmental review; and
WHEREAS, in adopting the Fee set forth in this resolution, the City Council of the City of Dublin
is exercising its powers under Article XI, Section 7 of the California Constitution; and
WHEREAS, at least 14 days prior to the public hearing at which this resolution was considered,
notice of the time and place of the hearing was mailed to eligible interested parties who filed ~tten
requests with the City for mailed notice of meetings on new or increased fee or service charges; and
WHEREAS, Exhibit B was available for public review and comment for ten days prior to the
public hearing at which this resolution was considered; and .
WHEREAS, 10 days advance notice of the public hearing at which this resolution was ~nsidered
was given by publication; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin finds as
follows:
A. The purpose of the Fee set forth in this resql11tion is to, first, fecoverthe actual or
committed costs through July 31, 2003 of commencing planning efforts in support of the adoption of the
GP A and SPA, and upon completion of the amendments, to recover up to the full recoverable cpsts
incurred by the City in preparing the amendments.
B. After consideration of Exhibit B. the testimony received at a noticed public hearing, the
agenda report, the background documents to the agenda report, and all correspondence received, the City
Council of the City of Dublin concludes that developers and property owners of the EDPO seeking to
exercise entitlements benefit from amendments of the General Plan and Eastern Dublin Specific Plan.
C. Adoption of the Fee set forth in this resolution, as it relates to services provided by the City
to developers and property owners of the EDPO seeking to exercise entitlements, is intended to recover
costs necessary to amend the General Plan and Eastern Dublin Specific Plan. Consistency with the
General Plan and the Eastern Dublin Specific Plan is a necessary component of those services.
D. The documents and testimony presented supporting this resolution establish that the costs
listed in Exhibit B. are the costs to date of commencing planning efforts in support of the adoption of the
OP A and SPA, and that the recommended Fee is a necessary first step in recovering the reasonable costs
of preparing the amendments.
311J~1
AND BE IT FURTHER RESOLVED that the City COlmcil of the City of Dublin does resolve as
follows:
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
GP A and SPA Fee Imposed.
Fee for the EDPO shall be imposed on and paid by applicants at the times, and in the
amounts, and otherwise apply and be administered as prescribed in this resolution.
Application of and Time for Pavment of Fee.
Except as provided in Section 5, of this resolution. the applicant shall pay the Fee listed in
Exhibit B at the time of the first to oc~ for any of the following approvals for the EDPO:
a a land use, conditional use, or similar permit;
b. a variance;
c. a tentative subdivision or parcel map;
d. site development review;
e. a development agreement;
f. rezoning;
g. any other discretionary approval granted by the Community Development Director,
Planning Commission, or City Council for which a finding of consistency with the specific
plan is required by state law; and .
h. a building permit.
Basis for Fee.
The amount of the Fee shown on Exhibit B is based on the costs to date of commencing
planning efforts in support of the preparation of the. GP A and SPA. Upon completion of
the amendments, the City Council of the City of Dublin will adopt a resolution updating
the Fee to reflect the final costs of preparing the amendments, including the unknown. yet
anticipated, costs for land planning and environmental review.
Subsequent Applications.
If an applicant pays the Fee when applying for an initial discretionary approval, before the
Fee has been updated by the City to reflect the final cost of preparing the GP A and SPA,
the applicant, upon seeking approval of a building permit, will be required to pay the
difference between the Fee paid and the updated Fee. Once the Fee is paid in full, any
subsequent application for the same property shall not be required to pay the Fee.
Exemptions.
The following kinds of approvals are exempt from the Fee:
a any addition, modification, or improvement to an existing single family dwelling;
3E5on31
b. any addition, modification, or improvement to an existing nonresidential building
or multifamily dwelling, unless the addition, modification, or improvement results in the
development of a portion of a gross acre;
c. a temporary use permit;
d. any approval for a public building or facility;
e. any approval for a structure not intended for occupancy, and that is accessory to a
permitted use including but not limited to fences, antennas, storage tanks, and mechanical
equipment; and
f. final maps and improvement plans.
Section 6.
Revision of Fee.
Section 7.
The Fee shall be review~d annually to assure that the assumptions underlying the
calculation of the Fee remain va1id atld ~ sWl!9!~p.l~~,"~_.b.~ing collected. If the Fee
is found inadequate, the City Council may revise it by resolution.
Severability.
The Fee adopted by this resolution and all portions of this resolution are severable. Should
the Fee or any portion of this resolution be adjudged invalid and unenforceal>lePy a body
of competent jurisdiction, then the remaining Fee and/or resolution portions shall be and
continue in full force and effect, except as to the resolution portions that have been
adjudged invalid. The City Council of the City of Dublin hereby declares that it would
have adopted each of the Fee and this resolution and each section, subsection, clause,
sentence, phrase and other portion thereof, irrespective of the fact that the Fee or one or
more of sections, subsections, clauses, sentences, phrases or other portions of this
resolution may be held invalid or unconstitutional.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin on this 7th day .
of October 2003, by the following votes:
AYES: Councilmembers Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: Councilmember McCormick
ATTEST:
ABSTAIN: None
g:paOO-02S/CC staffreports and resoslec 10-03 reso reimburse fee agmt
3lP1J~7
EXHIBIT A to Attaehment 1
Map of Fee Area
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EXlDBIT B to Attachment 1
GENERAL PLAN ANDSPECIFIC PLAN AMElWME. NTS FEE CALCULATION
-. . . .
Costs To Date (costs incurredtl:trou~ Julv 31. 2003) ofPlannin~ EfI"o~ .~.....
Support of Adoption of General Pla~antl~))~i.f:i:c.~!~~~_e.~~~!~~~,.., 0" ~^_,... .
Cost of contract to prepare Resource
~anagementPlan:
$209~635
City's StatTtime, professional
services, and capital costs:
$18~871
$ 8,610.00
City Attorneys' fees:
Land Planning:
Anticipated future costs, unknown at this time
Environmental Review:
Anticipated future costs, unknown at this time
(All costs include City's administrative and.
overhead costs)
TOTAL
$237,116.00
Gross Acreaee UDder Eastern Dublin
Propertv Owners Annexation Area:..
1,119
Per Acre Fee (round~ to the nearest whole dollar)
for Costs to Date of
Plannin2 Efforts in Support of
Adoption of General Plan
and Specific Plan Amendments:
$212.00