HomeMy WebLinkAboutReso 62-07 East Dublin Property Owers Annexation
RESOLUTION NO. 62 - 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 Staff to 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 Staff time, 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 of the GP NSP A Study; and
WHEREAS, 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 (the "EDPOA-Fallon Area Specific Plan
Fee") to the City for the estimated costs of the GPNSPA Study. On May 1,2007, the City Council
adopted Resolution No. 61-07 (Attachment 4 of Exhibit A to this Resolution), which updated the
EDPOA-Fallon Area Specific Plan Fee to reflect the full costs of the GPNSPA 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
GPNSPA Study in excess of the 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.
Reso No. 62-07, Adopted 5/1/07, Item 6.5
Page 1 of2
PASSED, APPROVED AND ADOPTED this 1st day of May, 2007, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
~f.: PW
City Clerk} O-c::pv~
ATTEST:
Reso No. 62-07, Adopted 5/1/07, Item 6.5
Page 2 of2
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 151 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 collective!y 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 "GPAlSPA 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
GPAlSPA 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 GPAlSPA Study. On May 1,2007, the City Council adopted
Resolution No. ~1-C'1 (Attachment 4), which updated the fee to reflect the full costs of the
GPAlSPA Study (the "EDPOA-Fallon Area Specific Plan Fee").
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 GPAlSPA 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 GPAlSPA
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
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 forthe 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.
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.
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. Jt[-O'7
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
. ~/__:~~mited liability company
B~J _ / s,<; ~ ·
Richard C. Ambr , City Manaq~r /
,~,/~p
Approved as to form:
BRADDOCK & LOGAN GROUP II, LP
a California limited partnership
~
ATTEST:
, City Clerk
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Attachment 1
Map of Eastern Dublin Property Owners Annexation Area (aka Fallon Village)
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Attachment 2
Eastern Dublin Property Owners Annexation Area
Current Property Ownership Information
Current Assessor's Current
Parcel # Current Property Owner Acrea2e
905-0002-003 Braddock & Logan 159.5
905-0002-001-01 & 002 Croak 165.5
First American Title (Jordan
985-0027-006 & 007 Trust) 189.7
985-0027-002 Chen 140.1
985-0001-006-03 Anderson 50.3
985-0001-005-02 Righetti Partners 49.6
905-0001-004-04 Branaugh 40.2
985-0027-004 EBJ Partners, LP 1.1
905-0001-004-03 Monte Vista 9.3
985-0028-002 Fallon Enterprises 328.7
P1easanton Ranch
985-0027-005 Investments 0.4
Total Acrea2:e: 1134.4
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
California limited partnership ("AssIgnor") and DUBLIN RE INVESTORS, LLC
("Assignee").
RECITALS
A. Assignor, as the buyer, and Fallon Enterplises, Inc. ("Seller"), as the seller,
entered into that celiain 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 ten11S and conditions set forth therein,
certain real property owned by Seller located in Dublin, County of Alameda, State of
California, and more particularly described on Exhibit A hereto ("Property").
B. Capitalized tern1S not otherwise defined herein shall have the meaning
given such tern1S in the Purchase Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements
set forth in this Assignment 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. Assil!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 ten11s, covenants, conditions and
obligations required to be perfOlmed by Assignor under the Purchase Agreement and the
Documents and Materials which may accrue after the Effective Date.
CorporationDocs .DubIinRE. As s igmnent. form
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 conect 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 of title. All statements contained in any
certificate or other instmment delivered at any time or on behalf of Assignor or Assignee
in connection with the transaction contemplated hereby shall constitute representations
and wananties hereunder.
(b) Counterparts. In the event this Agreement is executed in
counterparts, each of such counterpmis shall, for all purposes, be deemed an original and
all such counterpmis, taken together, shall constitute one and the same agreement.
(c) Headings. The headings used herein are for purposes of convenience
only and should not be used in constming the provisions hereof.
(d) Entire Agreement. 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 oCtile Essence. Time is of the essence of this Agreement.
(f) Governing Law. This Agreement is entered into and shall be
governed by and construed 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 construction to the effect that ambiguities are to
be resolved against the drafting party shall not be employed in interpreting this
Agreement.
2
IN WITNESS WHEREOF, the pmiies 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:I~A~
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 I 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 the
Fallon Ranch; thence along the center of an existing roadway; North 180 40' West, 63.33 feet, North
34059' 21" West, 100.06 feet, North 210 15' West, 100.00 feet, North 30 00' West, 100.00 feet; and
North 1000' 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 400 20' 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
corner 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 150 51' 43" West, 272.48
feet; thence North 130 30' 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 37040'
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 feet 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 through a central angle of 340 15' for an arc
distance of 239.11 feet to a point of Reverse Curvature; th~nce along 170.00 foot radius curve to the
left through a central angleof340 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.
8frtVK~
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, appurtenantto 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
990.65224
LEGAL DESCRIPTION
REAL PROPERTY in the City of Pleasanton, Township of Murray, County of Alameda, State of
California, described as follows:
The northwest 114 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
~1M VeYI t-L.E!:
A+~m~t 4-
RESOLUTION NO. 61 - 07
A 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 of the 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 qrrd 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 of the properties in the EDPOA were part of the 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
Reso No. 61-07, Adopted5/l/07, Item 6.5 Page 1 of 5
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 of the 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 GP NSP A 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 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 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
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 2 of 5
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 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 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 ofthe 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 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. varIance;
d. tentative subdivision or parcel map;
e. site development review;
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 3 of5
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 of this
Resolution.
6. Effect on Fee Established bv 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.
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 4 of5
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
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 of the 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, APPROVED AND ADOPTED this 1st day of May, 2007, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
LLt f!W
City Clerk I Oepll1::1
ATTEST:
Reso No. 61-07, Adopted 5/1/07, Item 6.5
Page 5 of5
EXHIBIT A
Map of the Eastern Dublin Property Owners Annexation Area (aka Fallon Village)
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Propel'1}' OWnership
Exhibit
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Exhibit A: page 1 of 1
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EXIllBIT B
nn. ._m~mm...mmmm.mm.mmmmmm.!~~!.~~P~~~m!!()~~!!IOwners Annexation Area
..Wmm.mmo.m',,"'mm"",,'m.',. ....."".m..........'.'m............,...w".m.._'<:~I!!,!!()~..~..~~.~.~E..!~~_~!io!!.,...__.m..mmmm".....m"mmmmm'mm...'
And Methodology Used To Calculate the Allocation Of Fees Owed
N~"',...__..,."'"..,,,..'._,_.W.W.~'"~",'_,_._,.-,,.~...~'A ". .". .,"'v=,.'"',.._"w<~,'_.'~.._,w...w., ~.~ -''N.'"'' ". ^'......._,"NN^",~w^'mm.~'='.~_,_'..',~_"'..,._..___.~.~V^WN.~^'~".,.......~..,.....,,'~~..w^ ...".,....,. ." ,~~..'=.'.m.'^v~'." w',mMW....'.,W^=.,....'^~~~.mmw,~"..".~.,... .............^'w...._.._..w=w."
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 F anon Enterprises 328.7 $1,121.94 $368,781.39
985-0027-005 P1easanton Ranch Investments 0.4 $1,121.94 $448.78
I I Total Acreage:1 1134.41
1* Fee Owed does not accolIDt for any partial payments collected pmsuant to Resolution 198-03 prior to ~~fe~llpdate.
n .....H.........................._.......,_......................,,,...........'...'...'......,................__.........___.....__...........,'.......,. ",....,................... .........,...............,.....
!:EDPOA-Fallon Area Sp~~ifi~.~l~!!"!fee Calculation Per Acre Basis
The follo~~Erovides the full costs incurred ?x!h~og~,~pr~p:ll:'ir1~!he:qI'i\ i:lnd SPA and related work for the EDPOA
and the.~~~~l1tp~~acre EDPOA- F:l~~ll~~Y~~:l.~E~?i,ii?I'~l1:f<~~:
'CONTRACT COSTS - RESOURCE MANAGEMENT PLAN
Cost Incurred
$160,803.15
..
CITY STAl'F PROCESSING
".....~.m......~~7,.~}..~:.,.!.~......,....
'CONSULTANT COSTS
665 ,~.~~:.~~,.....,.
CITY ATTORNEY LEGAL COSTS
209,121
TOTAL COST GPA/SPA STUDY*, $1,272,727.73
,,,..,,...... .__m__'m.''''
* Note: All costs include City!\~~trative and Overhead Costs
<;'ll.<:>SS ACREAGE O:F'~J.)~2~(~()~ltded 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
Attachment 5
Advances Made by Developer
Cost of contract to prepare
Resource Management Plan
$ 160,803.15
City's Staff time and capital costs
$ 237,413.12
$ 665,389.84
$ 209,121.62
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