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4.10 Rev Sharing 100 Ac Prop
~~ ~- ~ -i~ 1 '~\ ~- /' CITY CLERK File # ^~~~-0~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 16, 2008 SUBJECT: Informational Report: Attainment of 100 Acre General Commercial Property Threshold Under City of Dublin / Alameda County Revenue Sharing Agreement Report Prepared by Paul S. Rankin, Administrative Services Director ~~ ATTACHMENTS: 1) City of Dublin Resolution 52-93, which includes Agreement between the County of Alameda, Surplus Property Authority, and the City of Dublin - "Re~ardin~ Transfer of Property Tax Revenues Upon Annexation Provision of Service, and Other Matters" 2) Map -Updated Exhibit -Agreement Dated May 4, 1993 -Alameda County /City of Dublin (Prepared July 2008) 3) Letter dated August 13, 2008 from Alameda County Administrator. RECOMMENDATIO Receive Report. FINANCIAL STATE T: No change is made in the financial terms of the Agreement. DESCRIPTION: In 1993 the City of Dublin entered into an Agreement with Alameda County and the Alameda County Surplus Property Authority. The Agreement is included as Attachment 1 and it superseded a 1986 Annexation Agreement, which was negotiated in order to complete the City of Dublin annexation of public lands comprised of Camp Parks, the East Bay Regional Park Tassajara Park, and the Alameda County Santa Rita Property as it existed in 1986. The Agreement addresses several different elements of how the City of Dublin and Alameda County would interact on many different issues including: Property Tax Transfers on Future Annexations; Property Tax Transfers for the subject property; Municipal Services to be provided to County properties; Land Use Approval Authority; Provision of Infrastructure; and Tax Sharing between the City and County. The purpose of this report is to provide information about how Property Tax Reductions based on a specific formula will be recorded based on the current. status of the Agreement. BackEround -Provisions For City Sharing of Sales Tax Among the provisions contained in the 1993 Agreement was a formula for the City of Dublin to accept a reduction in property tax, which was to be calculated annually based on certain retail Sales Tax generated on properties located in eastern Dublin. The laws in place in 1993 would have required an election if the two agencies were to directly share sales tax. The County and City avoided an election by developing an agreement that provided for the City of Dublin to receive a reduced amount of property tax. If the ------------------------------------------------------------------------------------------------------------- COPY TO: Susan Muranishi, Alameda County / ACSPA Page 1 of 3 ITEM NO. ~ • l D i agreement had been negotiated today, it is possible to share sales tax without an election in both jurisdictions. The formula is set forth in section 4(b) of the Agreement and includes the following elements: (1) Property tax is to be reduced by an amount equal to 35% of the sales tax. from businesses located on the GENERAL COMMERCIAL (ONE HUNDRED ACRES). The following is an excerpt of the definition as contained in the Agreement: e. GENERAL COl~~IlVIERCIAL PROPERTY (ONE HUNDRED ACRES) shall mean the first 100 acres of property designated as "general commercial" property by City's General Plan and Eastern Dublin Specific. Plan to be developed on the SANTA RITA PROPERTY and/or in EASTERN DUBLIN for uses other than office uses, which property shall be shown on a map to be prepared, maintained and updated by CITY until a total of 100 acres have been developed, at which time such map shall become a part of this Agreement. (2) Property tax is to be reduced by an amount equal to 35% of the sales tax from businesses located on the Santa Rita Property, which is not zoned "general commercial." The following is an excerpt of the defimition as stated in the Agreement: f. SANTA RITA PROPERTY shall mean the property .owned by AUTHORITY, consisting of approximately X613 acres, east of Arnold Road, south of that portion of Gleason Drive west of Tassajara Creek, and west of Tassajara Road... and described more particularly in Exhibit E... . The tax reductions were also subject to ' a provision that stated that in the event that an automobile franchise currently located in the City's existing city limits were to relocate to the Santa Rita Property (see Attachment 1 Agreement section 9(d)), that property would be excluded from the GENERAL COMMERCIAL PROPERTY (ONE HUNDRED ACRES). This scenario did occur when Dublin Ford relocated from the corner of Dublin Boulevard and Amador Plaza to the former AutoNation site adjacent to Hacienda Crossings. The Ford Dealership was not included in the 100 acres and no reduction to property taxes occurred based on retail sales at that location. Periodically the City kept Alameda County Staff informed of progress towards. the completion of the development on the first 100 acres of land zoned for General Commercial uses. The changes were recorded at the time that a Certificate of Occupancy was issued for development occurring on property designated as General Commercial. At this time the 100 acre threshold has been met and Staff has prepared a map which documents the status (Attachment 2). 100 Acre General Commercial -Final Parcel In reaching the .100 acre threshold a methodology had to be determined to calculate the tax sharing to occur with the final parcel. Staff presented the County Administrator with the formula and the County Staff concurred with the methodology being .applied as stated in the letter dated August 13, 2008 (Attachment 3). The attainment of development of exactly 100 acres of land zoned for General Commercial, did not coincide exactly with parcel lines. Prior to the development of the Lowes Center, the City had reported that 92.894 acres had been developed, leaving a balance of 7.106 acres. The next parcel with Commercial development to be completed was the Lowes Warehouse parcel (APN 985-0061-007-00) which comprises 12.237 acres and would exceed the 100 acre threshold. The Agreement does not have specific conditions for this situation. Page 2 of 3 In order to address this condition Staff determined that it was equitable to -both parties to allocate only 58% of the Lowes site (7.106/12.237 = 58%) as being subject to the. tax sharing formula. This is shown on the Map included in Attachment 2 as a cross hatched parcel .Therefore, when reporting. retail sales tax generated by the ONE HUNDRED ACRES the amount attributable to 'Lowes will be reduced by 42% (100% - 58% = 42%). This leaves 58% of the sales tax generated by the Lowes Warehouse to be included as part of the tax sharing formula. As provided for in the formula the County receives 35% of the taxes being shared. The following example of the methodology is provided for illustration purposes: METHODOLOGY USED FOR TAX SI3ARING SAMPLE NUMBERS FOR ILLUSTRATION OF FORMULA ONLY (Specific Allocations of Sales Tax Are Con fdential Under State Law) H~,.,~„~~f~~~Y SaI TS T_~\ C01Lf'O\'E~TS 1N rl'F1E FC)1:111~L,:~ i FIB\~~L PLl2CFL__, TOT:~L ~~ 1) Sales Tax Generated From Former Santa Rita Property (Not Designated General Commercial) ~ $ 300,000 2) Sales Tax Generated From Eastern Dublin 100 ,Acres Designated General Commercial (excl'uding Lowes) $ 2,100,000 3) Sales Tax Generated From Eastern Dublin 100 Acres Designated General Commercial -Lowes Only $275,000 Reduce Lowes B 42%. Leaves 58% to be shared. $115 500 Amount~Lowes Included In Tax Sharing Formula $159,500 $159,500 GROSS TOTAL SALES TAX $2,559,500 AGREEMENT PROVIDES 35% SALES TAX WII~L EQUAL PROPERTY TAX REDUCTION.. 35% * $2,559,500 = $895,825 $895,825 In the sample shown above the City Property Tax would be reduced by $895,825. Amount of Tax Sharing Historically the amount of sales tax has fluctuated based upon economic trends and the amount of General Commercial Property subject to the Agreement. The following Table shows the taxes shared with Alameda County for the past 4 years. HISTORICAL AMOUNT OF PROPERTY TAX REDUCTION Prelimina 2008 $1,091,612 2007 $ 951,092 2006 $ 964,267 2005 $ 955,416 The increase calculated for 2008 is impacted by: new auto dealers (Saturn, Hummer, Saab); new Lowes; other business changes. It should be noted that the newer businesses have. not reported for a full four quarters in the most recent year. Typically Alameda County will deduct the 2008 amount from the Property Tax payment made in December. Recoffimendation 1) Receive and file this informational report. Page 3 of 3 ~~ ~~-~ RESOLUTION NO. 52 -93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN A RESOLUTION APPROVING AGREEMENT WITH COUNTY OF ALAMEDA AND SURPLUS PROPERTY AUTHORITY WHEREAS, the City is party to an agreement with the County of Alameda entitled "An Agreement Between the County of Alameda and the City of Dublin Regarding Camp Parks, Tassajara Park and Santa Rita Properties" ("Annexation Agreement"), and WHEREAS, an agreement to supersede to the Annexation Agreement has been prepared, entitled "Agreement Between County of Alameda, Surplus Property Authority and City of Dublin Regarding Transfer of Property Tax Revenues Upon Annexation, Provision of Services and Other Matters" ("Revised Agreement"), a copy of which is attached hereto as Attachment 1; and WHEREAS, the Revised Agreement has been executed by the County of Alameda and the Surplus Property Authority; and WHEREAS, the City Manager recommends approval of the Revised Agreement; and WHEREAS, the Council is familiar with the contents of the Revised Agreement; NOW, THEREFORE, BE IT RESOLVED that the Mayor is authorized and directed to execute the Revised Agreement. PASSED, APPROVED, AND ADOPTED THIS lath day of May' 1993 by the following vote: AYES: Councilmembers Burton, Houston, Howard, Moffatt & Mayor Snyder NOES : None ABSENT : None ABSTAIN: None / MAY ATTEST: ~r-+1~~ C TY L RK J:~W[D~MNRS~114~RESOL~SURPLUS.AGA ~' - r (x-08 ~ t0 ~:. AGREEMENT BETWEEN COUNTY OF ALAMEDA, SURPLUS PROPERTY AUTHORITY AND CITY OF DUBLIN REGARDING TRANSFER OF PROPERTY TAX REVENUES UPON ANNEXATION, PROVISION OF SERVICES AND OTHER MATTERS 2~~~ THIS AGREEMENT, dated for identification this ~ day of 1992, is entered into between the CITY OF DUBLIN (CITY), a municipal corporation, the COUNTY OF ALAMEDA (COUNTY), a political subdivision of the State of California and the SURPLUS PROPERTY AUTHORITY ("AUT.HORITY") ~f Alameda County. a public corporation. RECITALS A. COUNTY and CITY are parties to an agreement entitled "An Agreement Between the County of Alameda and the City of Dublin Regarding Camp Parks, Tassajara Park and Santa Rita Properties," which is dated August 5, 1986 (hereafter "Annexation Agreement"). B. The Annexation Agreement sets forth certain agreements regarding the annexation of the properties described in that agreement as the "Camp Parks property," the "Tassajara Park property" and the "Santa Rita property" as well as agreement between COUNTY and CITY regarding the transfer of property tax revenues upon annexation of other lands. 114\Agree\Annex.Fnl I August 25, 1992 ~TTAG4~4-ME^tT ~. ~- ~~_i C. The properties described herein as the CAMP PARKS PROPERTY, TASSAJARA PARK PROPERTY, COUNTY GOVERNMENTAL PROPERTY, COUNTY SHERIFF PROPERTY and SANTA RITA PROPERTY were not within the city limits of CITY at the time of execution of the Annexation Agreement but have since been annexed to CITY and are currently within the city limits of CITY. D. CITY is in the process of preparing a general plan amendment and specific plan for the SANTA~FcITA PROPERTY and other properties to the east of SANTA RITA PROPERTY. E. AUTHORITY owns approximately =613 acres of property within the city limits of CITY, described herein as the SANTA RITA PROPERTY, which AUTHORITY intends to develop in a proprietary capacity. Development of the SANTA RITA PROPERTY will benefit both AUTHORITY, COUNTY and CITY through the provisions of housing, jobs, public recreational amenities and tax revenues. F. AUTHORITY owns approximately ±214 acres of property within the city limits of CITY, described as the COUNTY GOVERNMENTAL PROPERTY, which AUTHORITY and COUNTY use and intend to use for governmental purposes. The use of the COUNTY GOVERNMENTAL PROPERTY for such purposes will benefit CITY and its residents through the provision of governmental services. 114\Agree\A,unex.Fal 2 August 25, 1992 ~~ ~ i G. AUTHORITY owns approximately ±124 acres of property within the city limits of CITY, described as the COUNTY SHERIFF PROPERTY which is used by the Alameda County Sheriff's Department for. governmental uses. H. CITY., COUNTY, and AUTHORITY desire to provide a framework for the orderly development of the SANTA RITA PROPERTY and COUNTY GOVERNMENTAL PROPERTY and needed infrastructure for such cevelopment; the provision of•services to the SANTA .RITA PROPERTY, COUNTY SHERIFF PROPERTY and COUNTY GOVERNMENTAL PROPERTY; the sharing of property taxes upon annexation by CITY• of lands to the east of CITY's current eastern city limits; the sharing of property tax revenues from properties within CITY; and other related matters.: DEFINITIONS For purposes of this Agreement, the fallowing definitions shall apply: a. CAMP P.~,RKS PROPERTY shall mean all property currently designated as Assessor's Parcel Number 946-015-1-5, regardless of whether all or part of such property is later designated by a different Assessor's Parcel Number, and described more particularly in Exhibit A, attached hereto and incorporated herein. 114\Agree\Annex.Fnl 3 August 25, 1992 ~~ ~ b. COUNTY GOVERNMENTAL PROPERTY shall mean the property owned by AUTHORITY, consisting of approximately f2I4 acres, east of Arnold Road, north of Gleason Drive and west of Tassajara Creek, as shown on Exhibit B, attached hereto and incorporated herein. c. COUNTY SHERIFF PROPERTY shall mean the property owned by AUTHORITY, consisting of approximately ±124 acres used, operated and/or controlled by the Alameda County 5rieriff'~s Department, which is located generally nerth or Broder Ave. and east of Arnold Road extending to Barnett Road, as shown on Exhibit C, attached hereto and incorporated herein. COUNTY SHERIFF PROPERTY shall include any portion of the COUNTY GOVERNMENTAL PROPERTY subsequently used, operated and/or controlled by the Alameda County Sheriff's Department. d. EASTERN DUBLIN shall mean any and all property lying within the City of Dublin Eastern Dublin Planning Area located to the east of CITY's easterly city limits as shown in Exhibit D. e. GENERAL COMMERCIAL PROPERTY (ONE HUNDRED ACRES) shall mean the first 100 acres of property designated as "general commercial" property by CITY's General Plan and Eastern Dublin Specific Plan to be developed on the SANTA RITA PROPERTY and/or in EASTERN DUBLIN for uses other than office uses, which property shall be shown on a map to be prepared, maintained and updated by CITY until a total of 100 acres have been developed, at which time such map shall become a part of this Agreement. 114\Agree\Annex.Fnl -4 August 25, 1992 ~~~~( f. .SANTA RITA PROPERTY shall mean the property owned by AUTHORITY, consisting of approximately ±613 acres, east of Arnold Road, south of that portion of Gleason Drive west of Tassajara Creek, and west of Tassajara Road, currently designated as Assessor's-Parcel Number 946-015-2, Assessor's Parcel Number 946-15-4 and a portion of Assessor's .Parcel Number 946-015-1-4, regardless of whether all or part of such property is later designated by a different Assessor's Parcel Number, and described more particularly in Exhibit E, attached hereto and incorporated herein. g. TASSAJARA PARK PROPERTY shall mean all property currently designated as Assessor's Parcel Numbers 946- 015-1-6 and 946-015-1-7, regardless of whether all or part of such property is later designated by a different Assessor's Parcel Number, and described more particularly in Exhibit F, attached hereto and incorporated herein. AGREEMENT NOW, THEREFORE, in consideration of the promises and acts described herein, the CITY, COUNTY and AUTHORITY agree as follows: 1. Recitals The foregoing recitals are true and correct and are part of this Agreement. lI4\Agree\Annex.Fnl 5 August 25, 1992 y..~ 2. Prooerty Tax Transfer uoon Future Annexations Upon annexation to CITY of any property within EASTERN DUBLIN, CITY and COUNTY agree that CITY will receive 25.4% of the full one percent ad valorem property tax and/or possessory interest tax from such property and shall retain all other revenues derived from or attributable to EASTERN DUBLIN normally received by a city on account of property. within its city limits. This Agreement is made pursuant to the provisions of Revenue and Taxation Code section 99 and shall constitute t~:e agreement for exchange of property tax revenues required by Revenue and Taxation Code § 99(b}(6). ,Both parties agree to adopt resolutions accepting this exchange of tax revenues, if required by the executive officer of the Local Agency Formation Commission at the time of an application for annexation. 3. Property Tax Transfer following Annexation of Desianated Properties a. CITY shall continue to receive 25.4% of the full one percent ad valorem property tax and/or possessory interest tax from the TASSAJARA PARK PROPERTY and the CAMP PARKS PROPERTY whether such properties, or any part of either such properties, are held by public or private entities. b. CITY shall receive the following percentage of the full one percent ad valorem property tax and/or possessory interest tax from the portions of the SANTA RITA PROPERTY, the COUNTY SHERIFF PROPERTY and the COUNTY GOVERNMENTAL PROPERTY within the following tax rate areas (or any new tax rate areas 114\Agree\Annex.Fal -6 August 25, 1992 designated that encompass the same property) and COUNTY shall receive the following percentage of such ad valorem property tax and/or possessory .interest tax: Tax Rate Area City County 26-012 38.565216% 31%~ 26-013 29.130376% 31%~ 26-021 22.871071% 3I% *COUNTY shall receive this percentage of the tax following detachment of the pro~~erty from the Livermore Area Recreation and Park District (LARPD). c. The provisions of subsection (b} of this section shall apply regardless of the ownership of the property included in tax rate areas 26-012, 26-013 and 26-021 or any successor tax rate areas. d. The provisions of this section are entered into pursuant to Revenue and Taxation Code sections 99.4(b). e. Prior to the effective date of this Agreement, CITY shall apply to LAFCO for detachment of the property included in tax rate areas 26-012 and 26-013 from LA.RPD. 4. Tax Revenues from SANTA RITA PROPERTY, COUNT SHERIFF PROPERTY and COUNTY GOVERNMENTAL PROPERTY a. Except as provided in subsection (b) below, CITY will receive all revenues derived from or attributable to the SANTA RITA PROPERTY, COUNTY SHERIFF PROPERTY and the COUNTY GOVERNMENTAL PROPERTY normally received by a city on account of property within its city limits, including the amount of ad 114\Agree\Annex.Fnl 7 August 25, 1992 t 3, "~ valorem property tax and/or possessory interest tax specified in subsection 3(b) above. b. (1) The total amount of property tax revenues CITY will receive in any fiscal year from the SANTA RITA PROPERTY, COUPITY SHERIFF PROPERTY and COUNTY GOVERNMENTAL PROPERTY shall be reduced by an amount equal to the sum of (1) thirty-five percent (35~) of the sales and use tax revenues received by CITY during the preceding sales tax four quarter period ending with the June State Boaz~d of Equalization "balance" payment (hereafter "four quarter period") from businesses located on the GENERAL COMMERCIAL PROPERTY (ONE HUNDRED ACRES} and (2) thirty-five percent (35%) of the sales and use tax revenues received by CITY during the preceding four quarter period from businesses located on the SANTA RITA PROPERTY which is not zoned "general commercial" in CITY's zoning ordinance. This amount shall be referred.to hereafter as the "Property Tax Reduction." (2) In the event that the property tax revenues allocated to CITY from the SANTA RITA PROPERTY, COUNTY SHERIFF PROPERTY and COUNTY GOVERNMENTAL PROPERTY in any fiscal year are less than an amount equal to the Property Tax Reduction, the difference between the amount of such property tax revenues and the Property Tax Reduction shall be carried forward to succeeding fiscal years and shall be a reduction in property tax revenues allocated to 114\Agree\Aaaex.Fnl -8 August 25, 1992 ~o~Wl CITY from the SANTA RITA PROPERTY, COUNTY SHERIFF PROPERTY and COUNTY GOVERNMENTAL PROPERTY in future years until the difference is reduced to zero. The following example is . provided for illustrative purposes: City's Property Amount of P.mount 35$ of Tax from Reduction to Carried Sales Tax Three Properties Prooertv Tax Forward Year 1 $200,000 $100,000 5100,000 $100,000 Year 2 200,000 150,000 150,000 50,000 sear 3 250 , 000 80v , 000 40~0,~. 00.0 0 Total $650,000 $1,050,000 $650,000 $ISO,A00 (3} CITY'shall, no later than September 30 of each year,. notify COUNTY's Auditor-Controller of the amount of the Property Tax Reduction for the preceding four quarter period. For purposes of this Agreement, the amount of sales and use tax received by CITY during the preceding four quarter period shall be calculated as of the date of the June State Board of Equalization payment to the CITY. This amount shall not include the advance. for the month following the fourth sales tax quarter included in the June payment. -Upon reasonable notice, COUNTY shall .have the right to audit CITY's sales tax records to verify the accuracy of the amount reported. (4) COUNTY shall provide CITY with an annual statement, in the form of attached hereto as Exhibit G, 114\Agree\Annex.Fal 9 August 25, 1992 showing the reduction of property taxes pursuant to this subparagraph (b). (5) Upon reasonable notice, CITY shall have the right to audit CoUNTY's property tax records to verify the accuracy of the amount of the reduction to CITY's property tax revenues pursuant to this section. (6) In no event shall property tax revenues allocated to CITY from any areas other than SANTA RITA PROPERTY, COUIV'TY SiiERiFF PROPERTi' and CGL'~'TY GOVi•,i~NMEN'i AL " PROPERTY be reduced by virtue of the provision of this paragraph. (7) In no event shall the reduction to the CITY's property tax revenues provided for in this section be used to reduce the CITY's "base" for calculating its allocation of property taxes pursuant to Revenue and Taxation Code section 97 nor shall it affect the CITY's "property apportionment tax factor" calculated pursuant to Revenue and Taxation Code section 97.5 or its share of the annual tax increment or supplemental assessments. (8) CITY and COUNTY agree that the reduction in property tax revenues provided for in subsection (b)(i) above shall not be deemed "proceeds of taxes" by CITY but shall be considered "proceeds of taxes" by COUNTY for purposes of Article XIIIB of the California Constitution. (9) As used herein, "sales. and use tax revenues" shall mean the one percent (le) sales and use tax revenues currently received by CITY pursuant to the Bradley- Burns Uniform Local Sales and Use Tax Law (Revenue and 114\Aaree\Annex.Fal 10 Aueust 25. 1992 _ iz~~~ Taxation Code section 7200 et sea.) and CITY's Uniform Local Sales and Use Tax Ordinance (Dublin Municipal Code Chapter 3.04) . c. In the event that the State changes the current basis for allocation of .sales and use tax from an allocation according to situs to some other allocation basis, then CITY and COUNTY shall renegotiate the provisions of subsection (b) of this Agreement with respect to sharing of sales ai~ci use taxes. In renegotiating the provisions of subsection (b), the parties shall attempt to preserve the relationship between the total amount of the sales and use tax generated from the properties, the percentage of such tax received by the COUNTY, and the percentage retained by-CITY. d. 'Notwithstanding the provisions of subsection (b) above, COUNTY agrees that should any automobile franchise, whether currently located within CITY's existing city limits or hereafter located within CITY's existing city limits (except for automobile franchises located on the SANTA RITA PROPERTY), relocate to the SANTA RITA PROPERTY within twelve (12) months from the date the automobile franchise ceased operating in the City, all .sales taxes attributable to such .automobile franchise shall be allocated to CITY. In such event,-the property on which such automobile franchise is located shall be excluded from the definition of GENERAL COI~iERCIAL PROPERTY (ONE HUNDRED ACRES) even if it would otherwise come within that definition. As used herein, "automobile franchise" shall mean any business engaged in the sale, of new automobile and/or trucks, whether or not operating pursuant to franchise agreement. 114\Agree\Anaex.Fnl 11 August 25, 1992 ,~ ~ 13~ ~ ~ 5. Services to be Provided -- COUNTY SHERIFF PROPERTY a. Except as provided in subsection (b) below and except for services provided by franchise (such as garbage, electricity, gas and cable television), COUNTY shall provide all municipal services to the COUNTY SHERIFF PROPERTY, including police services. b. CITY shall provide fire suppression services to tl~;: COJ2vTY SHERDF PROPERTY aiid COUNTY shall rein~bur~e CIT'~, all as provided in paragraph A of the Letter of Agreement between CITY and COUNTY, dated March 11, 1991, a copy of which is attached hereto and incorporated herein as Exhibit H. ~. 6. Services to be Provided -- COUNTY GOVERNP~ENTAr• PROPERTY a. CITY shall provide all municipal services of the type normally-provided by CITY to COUNTY GOVERNMENTAL PROPERTY. b. In the event that COUNTY or AUTHORITY requests services for COUNTY GOVERNMENT PROPERTY at a Level i;-i excess of municipal services normally provided by CITY, COUNTY and AUTHORITY agree that CITY may impose fees, charges, assessments or other similar mechanisms to recover the cost o such increased services. c. As used in this Section and in Section 7, "municipal services of the type normally provided by CITY" shall mean all services on the date of this Agreement provided by C:"'Y from funds other than revenues derived from assessments levies on property." w.. ~.__+. nc i.~n'. i~t~~r~ 7. Services to be Provided -- SANTA-RITA PROPERTY a. CITY shall provide all municipal services of the type normally provided by CITY to the SANTA RITA PROPERTY. b. In the event that COUNTY or AUTHORITY requests services for SANTA RITA PROPERTY at a level in excess of municipal services normally provided by CITY, COUNTY and AUTHORITY agree that CITY may impose fees, charges, assessments or other similar mechanisms to recover the cost of such increased services.. c. COUNTY and AUTHORITY agree that the SANTA RITA PROPERTY will be responsible for any assessments, fees, charges or special taxes, such as those imposed pursuant. to the Landscape and Lighting Act of 1972 (Streets and Highways Code sections 22500 et.sect.) or the Mello-Roos Community Facilities Act (Government Code sections 5.3311 et.sea.), for services provided to all property of a like or similar land use city- wide. 8. Land Use Approvals -- SANTA RITA PROPERTY Notwithstanding any rights and powers which it nay possess as a California county, COUNTY and AUTHORITY agree as follows with respect to the SANTA .RITA PROPERTY: a. Any development or use of the property shall comply with all CITY rules, regulations, resolutions, ordinances or other enactments relating to land use, including but not limited to CITY's general plan, any applicable specific plan, Municipal Code, Zoning ordinance, Building Code, Electrical Code, Mechanical Code and Housing Code. 114\Agree\Annex.Fnl 13 August 25, 1992 ~r ,~ ~5~ ~I b. CITY, COUNTY and/or AUTHORITY may, but need not, enter into a development agreement of the sort authorized by Government Code sections 65864 et.seq. prior to any development of the property. 9. Land Use Approvals -- COUNTY GOVERNMENTAL PROPERTY and COUNTY SHERIFF PROPERTY Notwithstanding any rights and powers which it may possess as a California county, COUNTY and AUTHORITY agree as frllows with respect tc tine COL't~ii GOVERIr'MENT~~L PROPERTY and the COUNTY SHERIFF PROPERTY: a. Except as set forth in subsection (d) below, any COUNTY governmental uses proposed for either property shall be reviewed by CITY Planning Commission for conformity with CITY's general plan in accordance with Government Code section 65402 and shall be subject to site development review in accordance with CITY's zoning ordinance. COUNTY shall be the lead agency for purposes of CEQA review. CITY and COUNTY will share the costs associated with processing site development review equally. b. Any governmental uses proposed for either property, other than COUNTY governmental uses, shall be processed in accordance with CITY's rules, regulations, resolutions, ordinances or other enactments relating to land use, including but not limited to CITY's general plan, any applicable specific plan, Municipal Code, Zoning ordinance, Building code, Electrical Code, Mechanical Code and Housing Code. COUNTY and/or AUTHORITY will assure that governmental uses of the property by any governmental entity other than COUNTY are subject to CITY's land o~~~~ use rules, regulations, resolutions, ordinance or other enactments by inclusion of a condition to that effect in any deed to or lease of, such property or other similar mechanism. c. If the land use designation of any portion of either property is proposed to be changed or subsequently changed to allow non-governmental uses of the property, the provision of section 8 of this Agreement shall be applicable to such property. In such event, CITY will provide municipal services of the type normally provided by CITY to sucii~property, as ~,rovidcd in section 7, and CITY will receive tax revenues derived from or attributable to such property, as provided in section 3(b) and section 4. d. No site development review shall be required for any uses of the COUNTY SHERIFF PROPERTY by the Sheriff's Department as long as the use is within the perimeter of the existing County Jail property or other existing Sheriff Department facilities, such as the existing training. facility. e. CITY agrees to process any review pursuant to Government Code section 65402 and site development review required by subsection (a) as expeditiously as possible. • 10. COUNTY Ownership of anv portion of CAMP PARKS PROPERTY Notwithstanding any rights and. powers which it may possess as a California county, COUNTY and AUTHORITY agree that in the event that COUNTY or AUTHORITY acquires any interest in the CAMP PARKS PROPERTY: 114\Agree\Anaex.Fnl 15 August 25, 1992 ~- ~' n~ u i a. The provisions of section 8 and section 9, depending on the use, shall govern the Land uses of such property; b. CITY shall continue to receive 25.4% of the full one percent ad valorem and/or possessory interest tax, as provided in Section 3(a); and c. CITY shall provide services to such property pursuant to Section 6, if the use is a governmental use, or ~~ction 7, if~the use is non-governmental. L1. Future Infrastructure for SANTA RITA PROPERTY and COUNTY GOVERNMENTAL PROPERTY a. CITY, COUNTY and AUTHORITY agree in concept that infrastructure should be constructed as necessitated by development and to accommodate reasonably projected development and that costs of such infrastructure shall be borne by properties benefiting therefrom in proportion to the benefit received. b. Notwithstanding any rights and powers which it may possess as a California county, and in addition to the provisions of Section 7(c), COUNTY and AUTHORITY agree that SANTA RITA PROPERTY will be subject to assessments, fees, exactions and/or special taxes for public improvements, such as but not limited to streets, roads, freeway improvements, schools, libraries, parks, police stations and fire stations (including fire equipment and apparatus), which benefit SANTA RITA PROPERTY to the extent of such benefit. c. CITY agrees that any assessments, fees, exactions and/or special taxes will be imposed or levied in a i ~~ 4-I manner consistent with the manner of imposing similar assessments, fees, exactions and/or special taxes in EASTERN DUBLIN. d. CITY agrees that it-will provide the same level of maintenance to the infrastructure as it provides to other similar infrastructure elsewhere in CITY. 12. Reimbursement for Oversizing Infrastructure In the event that COUNTY and/or AUTHORITY are _. required to install improvements containing supplemental size, capacity, number or length for the benefit of property other than the SANTA RITA PROPERTY, CITY agrees that it will enter into an agreement with COUNTY and/or AUTHORITY for reimbursement for such supplemental improvements in accordance with, and subject to, Dublin Municipal Code section 9.16.210 and Government Code sections 66485 et.sect. 13. Dedication of Easements and Right-of-Wav AUTHORITY agrees to dedicate to CITY or other appropriate agencies or entities such portions of SANTA RITA PROPERTY located within the ultimate right-of-way of Gleason Drive., Dublin Boulevard and Hacienda Drive as are necessary for utility easements or right-of-way for installation of utilities such as water, sanitary sewer, communications, gas, electric, storm sewer and cable television. Such dedication shall occur when the SANTA RITA PROPERTY is developed or, in advance of such development, if needed for development of properties in EASTERN DUBLIN. 114\Agree\Annex.Fnl 17 August 25, 1992 ~. AUTHORITY agrees to negotiate in good faith with CITY to dedicate any other easements necessary for development of the SANTA RITA PROPERTY and/or properties in EASTERN DUBLIN. 14. Miscellaneous Provisions a. CITY and COUNTY agree to work together to assure, to the extent legally possible, that appropriate mitigation measures are required far any development in southern Contra Costa County that adversely affects traffic circulation in EASTERN DUBLIN and SANTP_ P.ITP. FROPEP.TY . b. CITY and COUNTY agree that it is in the interests of both parties to provide adequate sewerage capacity for development of the SANTA RITA PROPERTY and properties in EASTERN DUBLIN and, to that end, agree to work cooperatively toward that goal. c. In the event COUNTY wishes to expand its existing water storage facility located on Tassajara Hill for exclusive use of the Santa Rita Jail, COUNTY shall submit such proposed plans to CITY for review pursuant to Government Code section 65402. In the event that the purpose of expanding such facility is for future use in addition to uses needed by the Santa Rita Jail and other COUNTY governmental uses, COUNTY shall process a conditional use permit through CITY. d. CITY agrees to process an application for planned development rezoning and a development agreement simultaneously with the general plan amendment and specific plan currently being processed, provided such processing is at COUNTY's sole expense and provided, further, that it is understood and agreed that any such rezoning would be conditional 20~ ~-i pending completion of the general plan amendment and specific plan process. e. CITY and COUNTY agree that there shall be no adjustment to either party's appropriations limit by virtue of this Agreement. f. CITY agrees-that it will not include the SANTA RITA PROPERTY within a redevelopment project area without the consent of COUNTY. 15. Agreement to Become Effective Upon Council_Action a. This Agreement shall not become effective unless and until the CITY, acting through its City Council, adopts a general plan and specific plan for the SANTA RITA PROPERTY and .COUNTY GOVERNMENTAL PROPERTY which designates land use for such properties of not less than 85% by square footage or by number of units of the land uses shown on Exhibit I, attached hereto and incorporated herein. CITY shall notify COUNTY and AUTHORITY of the effective date of the general plan amendment, which shall be the date of this Agreement. b. Notwithstanding subsection (a) above, this Agreement, once effective, shall not become ineffective if, upon application by COUNTY, AUTHORITY or their successors, CITY changes the land uses for the properties to different intensity of development than that shown on Exhibit I. c. Notwithstanding subsection (a) above, once this Agreement becomes effective, CITY later reduces the density of land uses by more than 15% (by square footage or number of units) below that shown on Exhibit I, the provisions of Section 114\Agree\Aunex.pl9 19 April 30, 1993 `~ ~i~ ~- 20(b) regarding breach shall be applicable, unless such reduction is agreed to by COUNTY. d. Once effective, and except as provided in subsection (e) below, this Agreement shall supersede the Annexation Agreement, which shall thereafter be of no force or effect. e. The Letter of Agreement dated March II, 1991, (Exhibit H) shall remain in effect with respect to the provision cf f ire suppression services to COUNTY SHERIFF PPOPERTY. - ' 16. Additional Documents and Agreements The parties agree to cooperate in the execution of any additional documents or agreements which may be required to carry out the terms of this Agreement. 17. Successors This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively, and all its provisions including paragraph 8, shall specifically bind and inure to the benefit of any subsequent owners of the SANTA RITA PROPERTY. 18. Construction of Agreement This Agreement shall be construed and enforced pursuant to the laws of the State of California. ~,..~....~. ,~ , oar 2z~~-i 19. Time of the Essence In entering into this Agreement, the parties recognize and agree that time is of the essence. 20. Breach a. If CITY, COUNTY or AUTHORITY breach any provision of this Agreement, the non-breaching party may bring an action for specific performance, declaratory relief, writ of mandate or other appropriate action at law or equity and may recover damages, i:cluding interest at the legal Pate specified in Code of Civil Procedures section 685.010 from the time of breach, sustained as result of such breach. Damages shall be recoverable only for tax revenues found to~be~due to the non- breaching party.. The prevailing party shall be entitled to recover its attorneys' fees and costs from the breaching party. b. In the event that CITY breaches Section 15(c) of this Agreement, the .provisions of Section 2 hereof shall be of no force or effect from the date of such breach forward but such breach shall not affect the allocation of property taxes and/or possessory interest taxes to CITY from property already annexed to CITY. In addition, the provisions of Section 8 hereof shall be of no force or effect and COUNTY and/or SURPLUS PROPERTY AUTHORITY shall be free to develop the SANTA RITA PROPERTY without compliance with CITY's land use regulations. c. If COUNTY fails to remit any tax revenues due to CITY in a timely manner, COUNTY shall pay CITY interest at the legal rate specified in Code of Civil Procedure section 685.010. until such tax revenues are paid. 114\Agree\Annex.Fnl 21 August 25, 1992 `'~/ '~" 23~ ~-i 21. Notices Whenever notice is required .hereunder, it shall be given to the parties as follows: To: City of DUBLIN: City Manager City of Dublin 100 Civic Plaza Post Office Box 2340 Dublin, CA 94568 To: COUNTY of Alameda: County A~?ministrator - County of Alameda 1221 Oak Street, Room 555 Oakland, CA 94612 To: SURPLUS_PROPERTY AUTHORITY: County Administrator County of Alameda 1221 Oak Street, Room 555 Oakland, CA 94612 22. Warranty of Legal Authority Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to do the acts required of it hereunder. If any party is found to lack the authority to do the acts required of it hereunder or is prevented from performing the acts by a court of competent jurisdiction, this Agreement shall be void. 23. Entire Agreement This document embodies the entire terms and conditions of the Agreement described herein. This Agreement may be executed in three (3) counterparts, each of which shall constitute an original. 2 ~~ ~-~ 24_ Effeative Data This Agreement shall become effective as provided in section 1S here'of, `.• ~ GITY OF DUELTN~ Approved as to form:: ' Mayon GOLTNTY OF ALAMEDA ~I ~~ ~ ~~ {~ Dated: fi~%:~Y 4 ~ 1953 r Chairman of the hoard Dated: 1 i Approved as tc~ gorm`;: City Attorney GOUNTY OF ALAMEDA SURPT~US PRt~PERTY AtJZ'$4R~TY r ~+~ I. StFRPLitB PROPERTY AUTHgR1TY ~ ' I herebp certify uri+3er penalty of perjury that the President of the Board of Supervisors was dull.authorized to execute this document an behalf of the County of Alameda by a ta's3ority vote of the Board on nment and that a copy has been deljivered to the President as provide y'' Cade Section 25183. i Dated: MAY 0 41993 ..WILLIAM M'~HKWEI~t, Clerk, Board of Supervisors County of Alameda, State?of California. nPnuty ~' z~~ ~~ LIST OF EXHIBITS Exhibit A Legal Description -- CAMP PARKS PROPERTY Exhibit B Legal Description -- COUNTY GOVERNMENT PROPERTY Exhibit C Legal Description -- COUNTY SHERIFF PROPERTY Exhibit D Legal Description -- EASTERN DUBLIN Exhibit E Legal Description -- SANTA RITA PROPERTY Exhibit F Legal Description -- TASSAJARA PARK PROPERTY Exhibit G Annual Statement of Property Tax Reductions for Year Ending June 30, 19xx Exhibit H Letter of agreement between CITY and COUNTY, dated March IZ, 199I Exhibit I Proposed Eastern Dublin General Plan Amendment And Specific Plan Land Use Summary by General Plan Use Designation For Santa Rita Property 9 I ti C A M F~ 1-' A K~~ t-~ r-,c v r c r-~ Z~ ~ ~ ~~,8 P 75) r~r.•. SE l 5 s~oie: ~"_ iooo' Estafie of E . A . Dou g h e r# y• ~- t 5,9°.3 E Z S:S°03E Rancho San Ramon (J.M.Amador) cPa~.ek"a' Pg.171) 52° ag•w 5 S3G°7iw Amended Map of She Town of Ooughertycer<.~6 1 5 5~°s~w ,/ 1/~.JE ~ 7 S~ :5 w ~ir „1 d 10 v78°29E ~• ` ~ 'F' -~e ~amm» .so Q1~ ~N Pa am~ Oa •~~~ s. 'Y ^ m ma mm QQ -~^` m ` 1 ~ j ~, ~ ~ ''''~ a ~ N NN N~OYI.° , S~~ Q1d l4GG/'K•I ~y'' `1' `G ~O~ u sr v - C_ -a" 33 32 d r uS.t ` . 9~~ ~ G i ~~. c+ It s ~+' laE too.i4.f16,5„g3.;cl ~~ p?I 13 5 _ osw vl.i9 t5 3 9• IL' W 189.32 O t G S t3.• 7Lr E 49.`A .1L _ Il S 1S• Sj £ 25.00 p IB N tl• IS E 42.09 AW1 i © f9 SL6'3SE 't}9C ~~ i ~ 4S/.33 A~ 20 53i'il'£ 69.42 ON ~~ ~~ 21 SIS'1CE 1$z.t3 1 i~ fi 73 S 3'34'w - 9494 v \o9.t1 1 Z _ +~ 24 S 11. 54 E 43A2 rl ~, 25 SZ9•o3'E 141.54 tg/,J6~1 d3 2L 24E'13'G 154,91 dl ~ , ~ h ~ s Z• zz s sgcZ '~•+,. ~~ o~ 4 moo. zs sr.L•3e•w isl.lo •~ ~ Q fL/-r Jr.i~i~ ~ ~ / 9 ~ ` JH•N'SI•! f2C99rAd :` 0 4 ~~~ry (49/.6i:c7 - (18.3;66ACJ ,` ~, Ia>ul:~ .!S'°~a6• :~ 31 ~ ~•/ ~ ~O CI a ~ u~i> t ~ ~`• n _ s ,.emu ,»,e.,t /J u 3 +~ ~, U63 `O.'el ~t6.a`:tJ ~,e~~i~' ;~ / p~ - _aOTAL AREA 3636.12 s I '~ ~ E ~ ~~- in contra costa ' 9 f 6. t e 5~ t°o $" Q L in alctseda 2720,0 o «'~ t to freewa 6.55 , ~ ,~;~ "'~~~' ; Y 12713.471 i` t' ~f'' s:~ ~• .~ 1 . ,t .'. ` `I a0 ~ ~ ~~ 26-00.8. S a ~ ~~} ------ ' ~, ~5-.i...0. O ~/ /r.; r_e_Z._s~ug____--_________-- Jaa.rttW O vlS~s Z E' ~ 2rr0~5 ,s.r ~ usa y,• ;;..;r~; 5~-002 ~,~• -- 7 1 1 /7.S4.sa~GfR) ~ COUNrr E '~;r~~/i•~~ 1 / 3 y , 96L6/ Ac ~~ p 1 0 + ^~ Q ~ ~ ST.RR 1 ti `~ s,,~ ~ BTZ - i- 4TF- 20 ~~ `~' . i 1 C d O e-~Y •r ~ 26+ -. '"".,.'' ' ` 20 -012 ` ' 2 m ~ '• ~Q COUNTY f. l7 r e. m ti~ L"J .~ m 26-0054 - ~~'~,~ ~~~ ' '"" •"- --~iNr£a~srarF seo~ f,~~6o1 -+----CASTRO VALLEY J ~ ° z ~~ ~ ~~ - `~ e ~, C1 . _ -_ ~.. ~ T COU~~ Y GOVER~N~ENTA~ ~~ PRt~PERTY a'~~~~~_ G^'.•~'.~`~x-:::ter-l \V. ~3;~~-iz•. , <,t. , d __ --~:za rr ;7.'rptlVS_; ` ./Js~-..~ ~ ~ ` / ' r:... ~ ; .rte... t . • • 1i ~ • ~ ~ . r V ','~~~y:•. ,~ ,~~ : ,~. ,•., :. .. _ :;• ~, .~.' •. CaUN7y GOV^RNINENT ... ,a~h~~'.~//if ... y ~:y ~ fL'.Y/ • 'ii ~ _ i ,./1'.tlnt~~~~~;~=j.~/.117~t1~6~!I» r (IIITl1~ii~:l;/~,,~ ~C~OUNTY ;HERIF.F. P~OP~RT' .. ~ ~ r r 'i\ '~~ l1 .~. > ',L . ~ s , •,Y• ~ ~ .~ X11 .J \ ,~.. ~~HLtu w~ ~ ~ r~ ~~ >n~ yii~ ii `__~.~ t~~l ~- ,L.~. r1' ;~~ ~~ i.r: ~, i 1 - '• ,.rte` ~\ '.. ' ~: ~•.~t 1r ~~ 1L~~ ~ Y 7r~.t ~~ ~~' r~ r~ ~ ••rr 1 . ' ,' , . ~ ~ X11 ,'`~ .. \ ,' 1 ~ i ~4 r.. • r r..1.LR. r .... ..M~,twwau... ~ w..... 'M M •' r ..' M ~ V •.~ww..n t•M ~ >1~... rn ti 1 1 t~t.l>.V .t.T yyns ~Y.+10• A. I.TI t.:~ ..r... 1.~. I>..otM t.~ ~.wt ... •ll>Il>L•L t1i s~JY•l:fi• d ht>lK •>~rt tiV>It IV>1[Ti• pav.s-7-52 iJ y I V i .d ~ `/~, ~ - C • iii. ~ ~ ' Q `~ r WZ-~3 ~c ~ ~~ ~ ~ r W J3' "'.~ -:~ r Q w . ~~ . - # _ . - _ -Tl - - ~ - s ~ • _ _ o ' ~~s _ ~ . c ~ / - ~ - -i Ll-' aaalll i ~ -- - t - ,~ , - - - _-. s - ~ I .-. 1~ ~ V r\ - .. I ~. • . .. . _ '~- - - - .., 1 . -.- . Li \ , ~~ -: - - -tea ~~ 3 y~ _ .~~°_~ ~ I ~* ~ _ `= _• _- - .. ' - ~'~' - ~ - __ - ~ `~]L~- i 3 =a19L ~ _ -fir ='r'r ?1 _ .. , ~r. - - - I • ~ROPERT~,-~ . ~~ // ~ ; -. ..,~::::: .wy~~ .~ I •.,, ' f ' , 4 C'~f ~ ~~ .a~~~ _ \ ~ y /'~^ :;/ ji b ~~'~~i ~ st _ _~• ~~t;1S..-.~J-~;~ ! ~r~'~'''^i ~•,rc~~-_--_.~''1 - fi`llll~ ~ ~ li ~ ~ 1. 1; O ~ ~•n ;~ -:i::;:~ .t;~+i°~1 ~t _~ L 4•:.~ P.~\~~•~ ~ ~~ °~J=~i~ tl1~ i.rvc ..n . it.~.~.o.~[. r..~:a r ;~~~;~r.~r ~...t... ~w~s'C~. ~f ».. ~' 11 } i y~~:~ ,,.~ s - ~-1~~ ! ~~~~~ '., ~~. ~ ~~ --:.~- •_ ,~ 946-i 5-2 ~i ~4 ~- .~~ -~ ~ EXHIBIT E TASSAJ AP.A s~o~z: i"= iooo' ~ 15 ~~ o s^ O N ,~ ~ Y L'1 N~ O N m t... V~ Q1 YN l nm C s P am '~m?a mm , O ~(V NNNN~- . C C L~ b`•,C~N1pnVJ ~ > C ~~ ~~ -'26-p~S ' t3 os ~.. 4~~Fx . ~ a^ ~ Z" _ d Jl ~\~~J~0.3j co •,'~4 '" a :~• ~ o4G~ r,:,,. V ~CO`p ~^~ t~ N ~ J O - -. ;~ E 4: ;u; ~Q 0 4v~ ~~~~~ N e~ V t ({9C6L7c) -••_ _.,0?AL QR A 3626.12 in contra testa - 916.1 in aiarneda 2720.0 .o freeway - 6.5 127 l o.~ 7; :, y ~ e ~ n 26-005 ~ t u.s.a. 7 , J ` a (~ ! O ~ ~ t Q ~ Q 1 I °•L~.r'- •Sr?RR ~ 872- ~-47f. 20 ,` c! t . t ' ~ i _ cao . ~ Q 1 ~o: 26 ~~ ' m -' ~.. ~ •» ~ SC) UNTY CO Qt ~ T T ~f;~ { ~ m y~4 . ti 26-005 ~~ `~U'~CIH -~-C~1STA0 YAIIEY A n PARK P RCS PE}QR-~ • 1 J ~ ~ ~ 4/' ~L ~ V I J Estate of E. A• Dougherty. c°k.8 Pg.7~) ~"`~`"` ~ S.eO1 2 S'.. .3E Rencho San Ramon (J.M.Amodor) tPoi.ek:'a' ay.i7i) s ~z>>2sE s S~ Amended Mop of the Tovrn of DoughertyteR.2~ ~,,.,, S~'-1" 1rq~ 7 5 00,. n ~- r ~~ ,.. r". ~ Si (_ O v 1 J~ ~ti ~~. l G ~ o ~'~ ~~~~ P~P ~ '2 (37.62.=cJ (/P?oSAcJ . ~' •.~i.•e, is-. ~:l ..,,a ` ."~ / O/ :152:. ~ ~~ J-6 7 ,, -~~ It S4a'lo•E roo,'ta/25=..i.T.:cl /~ tz s p• zt'E 1 eS .o •, t3 5 osw 91. z9 W S ZS•o0'W 51.3c is s r n•w 189.32 ~ d I G 5 13' 20' E 49.59 i F /-7 tl 5 .5.57E 25?O l8 K ~ ' IS' E 42L9 d t9 526'JS6 2391• ..m 4Sl.33.Cc: 20 s iY zl'E 59.a2 04'' V • 2t St5•t6E, t5z Z3 1 zz su39'w , sa94 T] 53.14'W Lo9.11 24 S 11. 5gE 43x2, 25 Z~•o~ E lC-t.S4 7r/2-<,:~_) Z1 s 1' 22'6 53:•2 s R~O• 06r330:.c) n- •, -~.~~ w J ' . r. 1,j J -~ ~ "~50C r . '•1. t, <;•:'+'i ,I ~l•~~~ ~~~. --_ +'f :,., CJUNrr /-4 95L BI .~c h O_ 5~•C~2 J9c••JG •< 20-012 ys (U~Sy~A~~~ti \_/ 4.lT »c. ~• ~r ..` : .t INTER ~STATF 5P0 to J `• a . `y3 J ~'~\\ i~ ,~. ~. 'R- 601 if ~:- .> ~:.. .. ~.~~~I CITY OF DUBLIN' ANNUAL STATEMENT OF PROPERTY TAX REDUCTIONS FOR YEAR ENDING JUNE 30, 19xx PROPERTY TAX REVENUES TAX R(?LL S:~NTA RTTA PROPERTY COUNTY SHERIFF AtiD GOVERNl~1ENTAL PROPERT' Current Secured $50,000 52.000 Current Unsecured 5,000 3,000 Supplemental Assessment I b,000 2,000 Prior Secured 4,000 1,000 Prior Unsecured + 1,000 1,000 Prior Supplemental Assmt. 1,000 1,000 TOTAL $67,000 533,000 i I REVENt1E .. ~. ~. _ ~ ~ ... _ ~ . ~ . ~: 200,000 ~~ NOTE: Tax Revenue reduced $100,000 and $100,000 carry forward to subsequent year reduction. ' .. `VIII/'" r :~ ,. .. , ~ ~~ CITY OF DUBLIN • ~/ FO Box 23x0. Ouohn. C2l,fcrnia 94568 C,ty Oilices. t00 Ciwc Plaza. Quclm. Cct•"r~,c 9•=~cc '•tii.,t •.i .. March 11, 1991 ~~ .-_ - <: Mary King, President --- ~ :: Board of Supervisors ~" -_ ~ ~~ Alameda County ~ ''• ~ T ~. 1 221 Oak Street, Room 536 c _~•` =' ,~ Oakland, CA 94612 ~~ ~ ~~~ T3. . :~ _. RE: Letter of Agreement regarding Annexation Agreement ~- ~~ ~'' 1... ',I Provision of Fire Services -- ~ .• Honorable President King and Members of the Board: The City of Dublin and the County of Alameda are parties to an agreement entitled "An Agreement Between the County of Alameda and the City of Dublin regarding Camp Parks, Tassajara Park and Santa Rita Properties," which was signed by the City and County in 1986, and is commonly referred to as the "Annexation Agreement." Paragraph 5(c)• of the Annexation Agreement provides that the County will remit to the City an amount equal to the City's costs for providing services to the Santa Rita property (described in Exhibit C to the Annexation Agreement), as such costs are determined pursuant to the formulae set forth in Exhibit F to the Annexation Agreement. Paragraph 5(f) of the Annexation Agreement then provides that if the cost of services will exceed 50~ of the revenue attributable to the Santa Rita: property, the City and the County shall reach agreement regarding the funding of the services which exceed 50~ of the revenues. The purpose of this letter is to set forth our agreement, pursuant to the provisions of paragraph 5(f) of the Annexation Agreement, regarding the County's obligation to reimburse the City for the cost of providing fire services to the Santa Rita property.. In particular, this letter of agreement relates only to the method of reimbursement for the provision of fire services to the County's Santa Rita Jail {the new Santa Rita Jail} and other public facilities located on the Santa Rita property, as described in the Annexation Agreement. This letter of agreement does not alter the existing method of calculating the cost of reimbursement. to the City for fire services as set forth •in the "Illustrative Worksheet for Calculating Fire Service Costs," which is part of Exhibit F to the Annexation Agreement, for non-public buildings and structures which may be constructed on the Santa Rita property in the future. ExH~g~-r ACfrn,n,5tr~l,On (4151 833.6650 Cdy Counpl (a 15) 833.6605 • F,nance (4151 833-6640 • 8udd,ng Inspection (4 t5) 833~cc~'3 5y this letter of agreement, the Li~y a~iu ~.vu.,~,~ .-7--.~ _- --- - _ ~_ 3~ ~-I A. City's costs for !^ wiling fire services (as "``~effined in Exhi~kfit 1 ) to the Santa Rita Jail facility, commencing ~.~ly 1, 1989, shall be not less than $55,200 per Fiscal Year, commencing with the Fiscal .Year beginning July 1, 1989, provided. that should the number of calls to the Santa Rita Jail exceed 2Z calls in any Fiscal Year beginning with Fiscal Year 1990-91, the City's costs for providing fire services for that year and subsequent years shall be 555,200, plus the "actual costs" per call in excess of 22 calls calculated as shown on Exhibit 2 hereto. B. City's costs for .providing fire services on the remainder of the Santa Rita property, as described in Exhibit C to the Annexation Agreement and more particularly shown on Exhibit 3 hereto, shall be the "actual cost" per. call per Fiscal Year, and calculated~as shown in Exhibit 2. .This method of calculating the City's costs for fire services on the remainder of the Santa Rita property shall not be applicable upon completion of construction of, and assignment of an assessed valuation to, any non-public building on the Santa Rita property. The cost of fire services for non-public building shall be calculated as set forth in Exhibit F to the Annexation Agreement. The City, through the Dougherty Regional Fire Authority,' will commence providing fire services to the remainder of the Santa Rita property on January 1, 1991. C. As used above, "actual cost" shall mean the average cost~per call for each Fiscal Year of the Dougherty Regional Fire Authority (a ~f joint powers agency through which City provides fire services), its successor in interest or the City of Dublin if it directly provides fire services. "Actual Cost" shall be calculated in the manner set forth in Exhibit 2, which is attached hereto and incorporated i . herein. - D. City's costs for providing fire services, as paragraphs A & B, determine the amount County pursuant to paragraph 5(c) of the Annexation set forth above, in will remit to City Agreement. E. In accordance with the Annexation Agreement, City shall invoice County quarterly for fire services. County will pay 25 percent of the base contract cost ($55,200} for each of the first three quarters of the Fiscal Year. City will invoice County for the fourth quartet for the balance owed the City as calculated in accordance with Exhibit 2.' County shall pay City within 30 days of receiving an .invoice.. Approved as to Form ELIZABETH SILVER, City Attorney CITY OF DU ~~ g Peter W. yde Mayor Attest: ~`.~~~ Approved as to Form /~' KELVIN H. BOOTY, JR., County Counsel By : __~lf,~~ Attest~~,~ ~ ~ / COU TY OF P AMEDA fit;/a l By : r d~ Mary K g, Preside ~., ,~,, 35,~ `f'I FIRE SERVICES Tlie i'oilowing definit-1vn of Fire Services is for use in L1ie proposed Alame:ia County ~Igreement. Fire Services - Far the purpose of this contract, fire Services (or Fire Suppression Services), shall ~e de Pined as Fire Authority response to tJta !'ollowing types of incidents: 1. A~~y type of fire Z. Iazardous hiateri al s incidents 3. Fire, smoke, or water flow alarms 4. Vehicle accidents ' ,. Extrications b. Rescues 7. hiedlcal aids D. Smokeloclnr investi-Jations 4. Arcing electrical xires acid equipment 10. Gas leaks ll. Hazardous conditions Fire Prevention inspection activities at the Santa Kita Jail are ~ includaci its the above definition. LXIIIBI'T 1 5G07c CITY of DuBLItI FIRE SERVICE COST ~IORKSHEE7 FOR SAi1TA RITA JAIL A?1D SANTA RITA PUBLIC PROPERTY A. Fiscal Year 8: Annual. Fire Authority Operating Costs C. Total Calls (Fiscal Year) D. Cost per Call (BIC) E, Calls to Santa Rita Jail F. Excess Calls (E - 22, if-less than 0, enter 0) G. Excess Call Costs (D x F) N. Cans on Santa Rita Property (excluding Santa Rfta Sail} I. Cost ofi Calls on Santa Rita Property (D x H) J. Base Year Ar~reement ~, 2 ~ K, Cost o-~ Providing Fire Service to County Property (G f .I + J) bb87c EXHIBIT 2 ~~ ~, r .. . ' t 1 y • •I ~ . .~ t,toa of the Property of the t' i3 .. .. ~ E~lalt cf E. A. Daugt]trty. to+hrlt ~c;-~'-=-' 1 Irit•1 ~ •r _ ~ Aaxho Son Romm(J.1dJlmodoll r,lr.'t~nd - ,1-11t r•• ~-.t 1 ir. Ur (,~• `t~S;t ~ ~ •~ A+ruf-ded lrbp or itx ?ten or ca,~rrtr i1 1 Ir«: ;•:. 1 IT)1• • Al /f+1 11111 1 11•ul Iln t 1 ,'Yt:l L tl ~ , • %~•~ i ~i ' w n'f 11 r •r as - a e ... i 7s• a 1t~ft• oxt* vwtt ~' rr1 l~~ :. :: _ .;t .,~. ~ te.,~ ., ~...-~ •Iw•1 nl• ,/ , . 1 . n it li.•r "}: .~~t J,,l• .,`. ,1r:,rte; .'•. :i r . . '~~` NL.+.! ~ r.,.r .. !• 1 ` 'f ;•"C%t~Ll•Utt' 7111 rt ' ~~? :)! '1[ •. ~ ...•,• u•u -` 1111 • . ' • FC/~• • 11 ~r i. ''(~ w 1...., 111 ~^ •_~~~.~,~+~`;~'''i.~;`-••... • .' • . APN 946-0~~~~-4_r'•' ~,,~ ~' ~ ' ~tu il.~~~''`~C~ `1•r) , tt:' ,' ~ • ~ •rXN1BIT C ~ ~ ' ;• ~ ~ . ~ 1 ~ •' 1 1.1 ~ • ••1 II •• • . • • • . • • 1 ~ ~;~'`.4 `~'~'~'~ ~~: • ~. .; ; . -APN 94 6-0 ~~6-2 .~; ;~1`~~1;`$:`J,•• 1~~ ,•~iC (,••1 .~r•• f •.r'i 1~`'7i l /'. i,/•• {Sn,,~ ~~, uua^~^t T1 i':-~,~~' ~ {C{ 7 '. IMICA ITFit Ilt •,~ tti~. f:~,tr.,r.t ~., J••t:• .~•' '~`^ ',r. .~.~.1: 1,' I 1 .1~~ ••]i00 a 5100,• /' IIC t`~,~t~~ii ~. { ~.+:1`~~•y:~•\:J :~•11..r'!t.'l.~~... •~•.. •~tr.•~ ~.. A ''r . ~•`'~• •.rr•~~'' J~ t '~~= i3FTt3I7 C, S,ntl lttta Ptopertr,•ia dalinad'aa ` .~, ~;1~ c 1, ~•~'•~ ~,. •~•~!; = J '' LAIC arts Sdantllitd 1r A]+wrda Cauntl !~t'~; ,.•t'1',•I••:,1;. Altetlor Parell Hunbara 9tb-OlS-1 sad i I l 3g~~~ PROPOSED EASTERN DIIBLIN GENERAL PLAN AMENDMENT AND SPECIFIC PLAN LAND IISE SUMMARY BY GENERAL PLAN LAND U$E DESIGNATION FOR SANTA RITA PROPERTY Laced Use Designation Santa Rita Property COMMERCIAL Gross Acres Units General 103.0 1.21? msf Neighborhood 18.0 .235 msf Campus Off ice 135.8 2.924 msf Hotel 5.0 .120 msf Industrial Park 53.4 .651 msf Public~3emi-Public 0.0 0.000 msf SUBTOTAL 315.2 5.147 msf RESIDENTIAL High 36.3 1,272 5du Med. .High 39.5 790 du Medium 64.2 642 du ' Low 67.2 269 du Rural 0.0 0 du SUBTOTAL 207.2 2.,972 du PARRS AND OPEN SPACE City Park Sb.3 1 park Community Park 0.0 o parks Neighborhood Park 0.0 0 parks Neighborhood Sq. 0.0 o parks open Space 24.5 -- SUBTOTAL 80.9 1 park SCHOOLS Elementary 10.5 1 school Jr. High 0.0 0 schools High 0.0 0 schools SUBTOTAL 10.5 1 school TOTAL LAND AREA: 613.8 114\a9ree\annex.rl ?age 29 of 28 June 15, 1992 PROPOSED EASTERN DUBLIN GENERAL PLAN AMENDMENT AND SPECIFIC PLAN LAND USE SUMMARY BY GENERAL PLAN LAND USE DESIGNATION FOR SANTA RITA PROPERTY Land Use Designation Santa Rita Property COMMERCIAL Gross Acres IInits General 103.0 1.217 msf Neighborhood 18.0 .235 msf Campus Office 135.8 2.924 msf Hotel 5.0 .120 msf Industrial Park 53.4 .651 msf Pv_blicJSemi-Public O.o 0.000 msf SUBTOTAL 315.2 5.147 msf RESIDENTIAL High 36.3 i, 271 Sdu Med. High 39.5 790 du Medium 64.2 642 du LOW 67.2 269 du Rural 0.0 o du SUBTOTAL 207.2 2,972 du PARRS AND OPEN SPACE City Park 56.3 1 park Community Park 0.0 o parks Neighborhood Park 0.0 0 parks Neighborhood Sq. 0.0 0 parks Open Space 24.6 SUBTOTAL 80.9 1 park SCHOOLS Elementary 10.5 ~ 1 school Jr. High 0.0 0 schools High 0.0 0 schools SUBTOTAL 10.5 1 school TOTAL LAND AREA• 63.3.8 E%HIBIT I 124\Agree\Annex.Fnl 24 August 25, 1992 v v v QQ Q ~o 0 ~~ °~ ~ ° fV ri O o G~ ~ -o N ~~ ~~ II ti V QJ ~ C C ° ° ~ o V ~ O i ~ v v ~ 3 ° l7 ~ F~ o - 0 4~ v ~' ti U ~ ~ v ~ Q v U v ~ Q v o0 Q X ~ ~ ~ ~ N ~ ti Q Qti v ~ ~ ~ ~ 'I 3~d O Z~K oa> VO U ~~ a I U Y Z ~ W Q ~a ~~ w ~. - moo ~~ ~~- ~ c ~° ° 4~ ~~ ~ ~~ rnoo a H > ~ ~o o 4~ ~ _ _. Q N ~I XN ~r ~ ~ fr } f ~.., ~~,~ Y a m ~ `~ ~L~ ~_ ~ ~ - _ o o i ,~ ~r~ ~, ~~~ ° ~ ~o o =zo QWN oW ° ,, 4,~ °~ o ~~o ° ~°°° °i N - U w a ib _ °o c ~ •` N ~ ~ __ ~ ~ ~ ~_-_..- ~ i CC L C p ~ ~~ U ~ '; Y ~ ~ .~ ~ ~ L ~ c X (a ~ ~~' U W Cn y U Q 7 Of O N h O ~ II ~ 0 `b `.°~i o U N O 0 ~- rno° (~O O U S O L a~ ~ ~ ~a ~~ QQ Q) N i ~ Q ~o~~ ~°°p (~ O II O o U N .` ~ O ~a C C U ~ E~ ~ ~Q m w~ ~ ¢ ~~ X0 0 0 (U O ~ ) ~ _~ •- --- - 0 u ,~ _ ~~°~~-~ ` `cos U ~ -~m ~ ~~. ~o~; ' j, w~ Boa ' ~ 3 r ,` ~ •., io ~~ rngo ~ J i <o ~ ~l ' `° o`~'. ~~~, ,~oS ~o R'~o.c~~lnew~ ~ r-I- l ~ ~l SUSAN S. MURANISHI COUNTY ADMINISTRATOR Mr. Richard C. Ambrose, City Manager City of Dublin 100 Civic Plaza C O U N T Y ADM 1 N I S T R A T O R August 13, 2008 DONNA LINTON ASSISTANT COUNTY ADMINISTRATOR r ®ue pUG Y ~ 200 Dublin, California 94568 6f ~'~ iu;r>s+t~~f~' S ~, RE: Notice of Attainment of 100 Acre Threshold and Revise Map Pursuant to Alameda County Revenue Sharing Agreement C-93-430 (May 1993) Agreement between the' County of Alameda, Surplus Property Authority, and the City of Dublin - "Regarding Transfer of Property Tax Revenues Upon Annexation Provision of Service and Other Matters" Dear M~ose: I am acknowledging your letter which notifies Alameda County pursuant to the requirements of the Agreement, referenced above. After careful review, Alameda County agrees with the City of Dublin's calculations regarding the Agreement's Definition of GENERAL COMMERCIAL PROPERTY (ONE HUNDRED ACRES) and the City maintained records identifying the General Commercial Property. As noted in your calculation, the attainment of development of exactly 100 acres of land zoned for General Commercial did not coincide exactly with the parcel lines. Subsequently, the conditions to address the difference, 7.106 acres, by calculating 58% of the Lowe's Warehouse site (7.106/12.237 = 58%) will attain the required acreage and only 58% of the total sales tax generated by the Lowe's Warehouse site will be included in the calculation. On behalf of the County of Alameda, I want to thank you for your continued cooperation in this joint agreement. Very truly yours, ~~ Susan S. Muranishi County Administrator SSM/LM:vrr Alameda County Revenue Sharing Agreement Dublin 080508 final c: Patrick O'Connell, Auditor -Controller Chris Bazar, Director, Community Development Agency Brian Washington, Assistant County Counsel 1221 OAK STREET SUITE 555 OAKLAND, CALIFORNIA 94612 (510) 272-6984 FAX (510) 272-3784 s