HomeMy WebLinkAboutReso 052-93 AnnexAgmtw/AlaCo 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 PropertyTax 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.
10th May, 1993
PASSED, APPROVED, AND ADOPTED THIS __ day of
by the following vote:
AYES:
Councilmembers Burton, Houston, Howard, Moffatt & Mayor Snyder
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
J: \W[D\MNRS\114\RESOL\SURPLUS .AGA
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
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 ("AUTHORITY") of 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.
ll4\Agree\Annex. Fnl
August 25, 1992
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"RiTA 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
R!TA 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.
ll4\Agree\Annex.Fnl 2 August 25, 1992
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 development; 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'i and
other related matters.
DEFINITIONS
For purposes of this Agreement, the following definitions
shall apply:
a. CAMP PARKS PROPERTY shall mean all property
currently designated as Assessor's Parcel Number 946-015-1-5,
regardless of whether all er 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 ±214
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, consistingof approximately ±124
acres used, operated and/or controlled by the Alameda County
Sheriff'.s Department, which is located generally north of Brcder
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.
ll4\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 an~ 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 o~
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.
l l4 \Agree \Annex .Fnl 5 August 25, 1992
2. ProDertV Tax Transfer UDOn 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 the
agreement for exchange of property tax revenues required by
Revenue and Taxation Code 5 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
Conunission at the time of an application for annexation.
3. Property Tax Transfer following Annexation of
Designated 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 possesscry
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
ll4\Agree\Annex.Fnl -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% 31%
,COUNTY shall receive this percentage of the tax following
detachment of the property from the Live~more 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 L~PD.
4. Tax Revenues from SANTA RITA PROPERTY, COUNTY
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
\Agree \Annex
7
August 25, 1992
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, COUNTY 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 Board cf
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
ll4\Agree\Anmex. Fnl -8 August 25, 1992
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
Year 1
Year 2
Year 3
provided for illustrative purposes:
city's Property Amount of ~ount
35% of Tax from Reduction to Carried
Sales Tax Three ProOerties Prooertv Tax Forward
$200,000 $100,000 $100,000 $!00,000
200,000 150,000 150,000 S0,000
250~00q 800,00q 400,00q 0
$650,000 $1,050,000 $650,000 $i50,000
(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. Fnl
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, COUNTY SHERIFF PROPERTY and CO~TY GOVERNMENTAL '
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 (1%) sales and use tax
revenues currently received by CITY pursuant to the Bradley-
Burns Uniform Local Sales an~ Use Tax Law (Revenue and
ll4\Agree\Annex.Fnl 10 August 25, i992
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
and 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 provisionsOf 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 CO~34ERCIAL 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.
ll4\Agree\Annex. Fnl 11 August 25, 1992
5. Services to be Provided -- COUNTY SHERIFF PROPERTY
a. Except as provided in subsection (b) belc~
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 the CO~TY SHERIFF PROPERTY and COUNTY shall reimburse CITY,
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 GOVERN~.ENTAL
PROPERTY
a. CiTY shall provide all municipal services cf
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 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 cf
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 CZTY
from funds other than revenues derived from assessments levied on
property."
ll4\A~ree\Annex. Fnl 12 August 25, !992
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 Co~e
sections 22500 et.se~.) or the Mello-Roos Community Facilities
Act (Government Code sections 53311 et.sea.), for services
provided to all property of a like or Similar land use city-
wide.
8. Land Use ADDrOVals -- SANTA RITA PROPERTY
Notwithstanding any rights and powers which it may
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, resoolUtions, 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.
ll~\Agree\An~ex.Fnl 13 August 25, 1992
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.sec. 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
fellows with respect to the COL~TY GOVERnmENTAL 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 COO~TY governmental uses, shall be processed
in accordance with CITY's rules, regu!ations,-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
ll4\Agree\Annex.Fnl 14 August 25, 1992
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 sucli ~roperty, as provided 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 any oortion 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:
ll4\Agree\Annex. Fnl 15 August 25, 1992
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
Section 7, if-the use is non-governmental. .'
11. 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 R!TA 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
ll4\Agree\Annex.Fnl 16 August 25, 1992
manner consistent with the manner of imposing similar
assessments, fees, exactions and/or special taxes in EASTERN
DUBLIN.
d. CITY agrees that itwill provide the same
level of maintenance to the infrastructure as it provides to
other similar infrastructure elsewhere in CITY.
!2. Reimbursement for Oversizing Infrastructure
In the event that COUNTY and/or AUTHORITY are
required te 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 9.16.110 and Government Code
sections 66485 et.seq.
13. Dedication of Easements and Right-of-Way
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
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 for any development in southern
Contra Costa County that adversely affects traffic circulation in
EASTEt~ DUBLIN and SANTA RITA PROPERTY.
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 cooperativety
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 Rite 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
ll4\Agree\Annex. Fnl 18 August 25, 1992
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. Aqreement to Become Effective UDon 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 squarefootage 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
ll4\Agree\Annex.pl9 19 April 30, 1993
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 1t, 1991,
(Exhibit H) shall remain in effect with respect to the provision
of fire suppression services to COUNTY SHERIFF PROPERTY. '
16. Additional Documents and A~reements
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 A~reement
This Agreement shall be construed and enforced
pursuant to the laws of the State of California.
ll4\Agree\Annex .Fnl 20 August 25, 1992
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, including interest at the legal rate 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 t~'
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.
ll4\Agree\Annex.Fnl 21 August 25, 1992
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 Administrator -
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 Aareement
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.
ll4\Agree\Annex .Fni 22 August 25, !992
24-
in section 15 herebf.
Dated:
'
Approved as to
~=fec~tive Date
Agreement shall become effective as provided
CITY OF DUBLIN'
Mayor
City Attorney
Dated:
1993
:L~qTY OF ALAMEDA
Approved as to form:
CoU~u~Sel
I.
SURPLUS PROPERTY AUTHORITY
I hereby certify unler penalty of perjury that the
Board of Supervisors was dul~authorizea to execute th~s document on behalf
:he County of Alameda by ~ rffejorlty vote of the Board on
Code Bectio~ 2~103.
Da:ed: . .- MAY 041~93!
ILLiAM MEHRWEIN, Clerk,' Board of Supervisors
I ..W
COUNTY OF ALAMEDA
SURPLUS PROPERTY iAUTHORITY
County of Alameda, Statesof California.
B ~' 2 /"' ' '
- ' '~epul;y
~,y;,, -, ,, --/ ,~,-- .;. .-
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
LIST OF EXHIBITS
Legal Description -- CAMP PARKS PROPERTY
Legal Description -- COUNTY GOVERNMENT
PROPERTY
Legal Description -- COUNTY SHERIFF
PROPERTY
Legal Description -- EASTERN DUBLIN
Legal Description -- SANTA RITA PROPERTY
Legal Description -- TASSAJARA PARK
PROPERTY
Annual Statement of Property Tax
Reductions for Year Ending June 30, 19xx
Letter of agreement between CITY and
COUNTY, dated March 11, 1991
Proposed Eastern Dublin General Plan
Amendment And Specific Plan Land Use
Summary by General Plan Use Designation
For Santa Rita Property
CAMP
'
'~"i"
,.:--,~
,~.
26-00.8.
F~
~Q"~o'
D
-.,._ .-70TAL AREA
in conira costa -- 9 I 6, I
in alcmeda 2720,0
to freeway -- 6,55
(27 I
lp..qS..s 4.4cf.~)
.!/500.
55-002 ~
,,,.
A
COUNTY
G OVF R--N M F NTA I
PROPFRTY
· ~ ..... ,/. / t 'cll~~· '" ' ' ', ', i /
"" ",-;';--.;-"~":':" "-'~' :'~'?'-" ~':~/~:":'~""'~."':' ·' " -'.
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"'~.. ' ' · "'; ' ~ ?....: ....! ....... · ..... '., ',2. ~" ': '." '
"'.:-.~:..~"': '..'-F.'.-:.'...'-.."~'. - ............................ . '~ :"' :'~~/~'~' """'~a!~;l'~'?!~
· ="..:.;,.:','., ::"'. "-: I'''.' ~....:,,""' ..~"' ", ;~'... ". ": ,,,r-~,) ' ."..
..'.'..' '.:," '."l '..,:....' '!... ':' ~..:;.,,;, ...' ./:
' . i l"". .'.':'.". "' "
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...... ,",,;
.... "~ , ,' ',:'
... .~.., .,.. ~ ..........................
, ;,,,,,:,,~ .
.,.. .... ~ ". .. ! ..........
_.J!
P-~'j~,OPFRTY
Eav.
Z
~J.,-~~ I "~.'~.~.:......'..~:...... ..
' ~~ :""" .:.::! '.:~!-.. . .
. . ,..' ' .. ..'~. ..
" ~ \X . ..." .
' "~.. '~ "-. ,.,.,. ,,. · ', .. ;
.. ',.,.: ....
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.. . · .. ,...'!:...: .....:'..........,,....
" " "' ' "' ""' :.:':V' :"' "" ~. "" "' "
. . ...... . ..:' '~ .
i: :: ,.. ' ..........' !"
......"' ....:...'..'_.'.i:"!'~i~ :I"
. ,
.... .'.'.... : L.:~.. i~.-.'..~i~;~
~..,
~.'..'.-.... ..........................-'... ':...~,,.~-~,.,.,,^~ .!t,~!ii~!.
. . . . ...., .... ..,...-~..,:...,....-.,. ......~.,,,
· :.' :... ..........,.. :..:.'-:."... , :.:...~..?.!. :!':...
.:--tt:,..- :--. ..... "'"==' · .'..' .. '.::..' ;,~' .::':.; ..-' ...."'.'.... ... ,....,:
· i .. ' ' ' ' ..' ~..- - :..' "'.'~. "'.' "'.""'~"! "~.'.'-""' '. '.~, ;"" .~" "' ~
-.: ' '. ". "'. '. '-';-'."~ · n' -:. '-""'..' ::,. "'- ~'. :i':'..':". T.." . .'; '
-. i ' · '- ..... -'..~.' ' .' "-. ....... : .....:'.:.",."'. ','......,...', . : .........
· ~ . . . . ':.... , ... '.. ·: ,. . .' ...........~... '.'-.....,.. ~..~.:'..:'-.... ............,.:.- ...........,
· ' ._.. .. .: . : .: ... . . ..., ':.',.,.:..~. ,--.'......:.....':....,' .............~"~....:.':,.~... ...i,:.~.-,=~ .
,,,;: .........' ....... ' ' '. ...'... '."' ~:'.."~':' .:.: '.L -'.'.. '.~."' .~ '..'.. "'."' .': :=':=:- ........
~ .. ' · .' ' ... ': ...." ....' . .".:.:..~i'--:.; .i"'-,~ ..':..::."".. c.'.':" .' "..~'.' '. '.. '.L'::::"":~:=::'':'''=''.J''''
z,., ':. -- - -.,. . ' ""': .-. -'- .- -' ' ,. , .-,:"". :": :-."" . "':..,' .., · .' .:~.""~'.-: .' ..-. .....
, .... ' __ ~ ~ _ , '. . .... .., ," ...,, . ., -. ~ '., ." -: ~ · . ...'.... . _ ....
· ~ .', _ ~-~. . . ..~- ~ ~.~, ~ . _. ·
"'7:' - ~: ~ ' ~ * : ' ,"~-~,=._ . ~ ...... "I, -'*~ .
"=- -15-1-4 |
! (613,8+_ AC~
~rd
~46-15-4
TASSAJAP, A
Scale: l": ~000'
C
~3
o
--, .....,'ZOTAL AREA
in contra costo -- 9 I 6.
in clcmedc 2720.0
(2713.471
U.S.,4.
PARK
pROPER'm
Esfate of E. A. Dougherfy./sk.e Pg. Tsi
Rencho San Ramon (J.M.Amedor) (PaLBk."~" P~A71}
Amended Mop of the Town of Doughertyl
®
45ZJJ
A4
,,,
55-002
0 ~
CZ m m 'VUIDI
CITY OF DUBLIN
ANNUAL STATEMENT OF PROPERTY
TAX REDUCTIONS FOR
YEAR ENDING JUNE 30, 19xx
PROPERTY TAX REVENUES
TAX ROLL
SANTA RITA PROPERTY
COUNTY SHERIFF AND
GOVERNMENTAL PROPERTY
Current Secured
Current Unsecured
Supplemental Assessment
Prior Secured
Prior Unsecured
Prior Supplemental Assmr.
$50,000
5,000
6,000
4,000
1,000
1,000
S25.0C~3
2,000
1,000
1,000
1,000
TOTAL
$67,000
.: .....................................
: (')VH,~.-\I.I. T(')T..XL
i.E..'iS .:5:i.' S..\i..ES '!"'..\X
REVENUE
C ..', R R Y-I" (.) R W ..\ R D
NOTE.' Tar Revenue reduced $100,000 and $100,000
S33,000
57
.r.: ('~l" ;',(', 'l
200,000
carry-forward to subsequent )'ear reduction.
ANNUS'I':'VF,I ,UM
FXHIRIT C
CITY OF DUBLIN
RO Box 2340. Oubhn. Cah/ornea 94568
CAty Oilices. 100 Civic Plaza. Oubhn. Cai.fcrnta 94568
,.~i;.:~:.'.i ,,".
March 11, 1991
Mary King, President
Board of Supervisors
Alameda County
1221 Oak Street, Room 536
Oakland, CA 94612
RE:
Letter of Agreement regarding Annexation Agreement
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 beconstructed on the Santa Rita property in the future.
Acqr,,.n,sUat,on (415) 833.6650 · C,ty Council (415) 833-6605 · F,nance (415) 833-6640 · Bj~to,ng Inspection (415) 833-6620
Code Enforceme,'~l (415) 833.6620 Er, g,r~eer,ng (415] 833-6630 " Plann,ng (415) 833-6610
~y, this letter of agreement, nne
A.
City's costs for Dviding fire services (asII~,efined in Exhibit ])
to the Santa Rita' Jail facility, commencing ~ly ], ]989, shall be
not less than $55,200 per Fiscal Year, commencing with the Fiscal
Yea~ beginning July ], ]989, provided that should the number of
calls to the Santa Rita Jail exceed 22 calls in any Fiscal Year
beginning with Fiscal Year 1990-9], the City's costs for providing
fire services for that year and subsequent years shall be $55,200,
plus the "actual costs" per call in excess of 22 calls calculated
as shown on Exhibit 2 hereto.
Cihy'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, 199].
As used above, "actual cost" shall mean the average cost'per call
for each Fiscal Year of the Dougherty Regional Fire Authority (a
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
herein. ~
City's costs for providing fire services, as set forth above in
paragraphs A & B, determine the amount County will remit to City
pursuant to paragraph 5(c) of the Annexation Agreement.
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 quarter 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
/
Attest:~( ~,C~Y~
Approved as to F~"~lrm Q~
KELVIN H. BOOTY, JR., County Counsel
By:
Attest: ~/~~j~~_/
FiRE SERVICES
The following definition el~ Flre Services is for use In the proposed Alameda
Coun~cy Agreement.
FIre Services - For ~l~e purpose of this con'cract, Fire Services (or Fire
Suppression Services), shall be defined as Fire Authority response to tl~e
following types oF Incidents:
1. Any ~ype oF fire
2. Ilazardous HaLerlals incidents
3, F~re, smoke, or w~ter flow alarms
4. Vehicle acc~dent-s '
5, Extr~cat~ons
6, [~Bscues
7. Medical aids
8. Smoke/odor investigations
9. Arctrig electric'el w~res and equipment
10. Gas leaks
ll. Hazardous condftions
F~re Prevention ~nspect~on act~v~t~Bs at the Santa Rite Jail are l~o~ ~ncluded
the above deftnitfon.
5687c
EXI[IBIT 1
CiTY OF DUBLIN
FiRE SERVICE COST MORKSHEET FOR SANTA RITA 3AiL
AND SANTA RITA PUBLIC PROPERTY
A. Fiscal Year
B: Annual Fire Authority Operating Costs
C. Total Calls (Ftscal Year)
D, Cost per Call (B/C)
E. Calls to Santa Rt~a Jail
F. Excess Calls (E - 22, if less than O, enter O)
G. Excess Call Costs (D x F)
H. Calls on Santa Rlta Property (excludlng Santa Rita 3all)
I. Cost of Calls on Santa Rtta Property (g x H)
O. Base Year Agreement
K. Cost of Providing Fire Service to County Propgrty (G, I + O)
$ 55.20D__
5687c
EXHIBIT 2
r'~
1
PROPOSED
EASTERN DUBLIN GENERAL PLAN AMENDMENT AND SPECIPIC PLAN
LAND USE SUMMARY BY GENERAL PLAN LAND USE DESIGNATION
FOR SANTA RITA PROPERTY
Land Use Designation
Santa Rita Property
COMMERCIYt~
General
Neighborhood
Campus Office
Hotel
Industrial Park
Public/Semi-Public
SUBTOTAL
Gross Acres
103.0
18.0
135.8
5.0
53.4
0.0
315.2
Units
1.217 msf
.235 msf
2.924 msf
.120 msf
.651 msf
0.000 msf
5. 147 msf
RESIDENTIAL
High
Med. High
Medium
Low
Rural'
SUBTOTAL
36 3
39.5
64.2
67.2
0-0
207.2
1,271 5dU
790 du
642 du
269 du
0 du
2,972 du
PARES AND OPEN SPACE
City Park
Community Park
Neighborhood Park
Neighborhood Sq.
Open Space
SUBTOTAL
SCHOOLS
Elementary
Jr. High
High
SUBTOTAL
56.3
0.0
0.0
0.0
24.6
80.9
10.5
0.0
0.0
10.5
park
parks
parks
parks
I park
I school
0 schools
0 schools
I school
TOTAL LAND AREA:
613.8
114\ag r ee\annex. r ~,
Page 29 of 28
Ju"~ 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 ProDertV
COMMERCIAL
General
Neighborhood
Campus Office
Hotel
Industrial Park
P~_blic/Semi-Public
SUBTOTAL
Gross Acres
103.0
18.0
135.8
5.0
53.4
0.0
315.2
Units
1.217 msf
.235 msf
2.924 msf
.120 msf
.651 msf
0.000 msf
5.147 msf
RESIDENTIAL
High
Med. High
Medium
Low
Rural
SUBTOTAL
36.3
39.5
64.2
67.2
0.0
207.2
1,271 5dU
790 dU
642 du
269 du
0 du
2,972 du
PARKS AND OPEN SPACE
City Park
Community Park
Neighborhood Park
Neighborhood Sq.
Open Space
SUBTOTAL
SCHOOLS
Elementary
Jr. High
High
SUBTOTAL
56.3
0.0
0.0
0.0
24.6
80.9
10.5
0.0
0.0
10.5
i park
0 parks
0 parks
0 parks
1 park
i school
0 schools
0 schools
1 school
TOTAL LAND AREA:
613.8
E~wIBIT I
ll4\Agree\Annex .Fnl 2~ August 25, 1992