HomeMy WebLinkAboutReso 108-90 EastDubGPA/SP/EIR RESOLUTION NO. 108 - 90
A RESOLUTION OF THE CITY GOUNGIL
OF THE CITY OF DUBLIN
A RESOLUTION APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN
AND THE COUNTY OF ALAMEDA
WHEREAS, the City Manager has presented an Agreement entitled "FIRST
AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND TO COUNTY OF ALAMEDA FOR
PAYMENT OF A PORTION OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT
STUDY, SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT"; and
WHEREAS, said amendment is attached hereto as Exhibit A and by reference
made a part of this resolution; and
WHEREAS, the City Council is familiar with the provisions of said
Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve
said Amendment to the Agreement and authorizes the Mayor to execute said
Agreement (Exhibit A).
BE IT FURTHER RESOLVED that the amount attributable to Alameda County
shall be based upon acreage based formulas used to develop the cost sharing of
the original scope of work. The amount will vary depending on the number of
participating owners (including Alameda County); however, the aggregate amount
attributable to all parties participating in this amendment shall not exceed
$220,868.
PASSED, APPROVED AND ADOPTED this 23rd day of July, 1990.
AYES:
Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor
Moffatt
NOES: None
ABSENT: None
ATTEST:
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE
COUNTY OF ALAMEDA FOR PAYMENT OF A PORTION OF THE COSTS OF THE
EAST DUBLIN GENERAL PLAN AMENDMENT STUDY, SPECIFIC PLAN STUDY AND
ENVIRONMENTAL IMPACT REPORT
WHEREAS, The County of Alameda ("the County") and the City of
Dublin ("The City") are parties to an agreement entitled
"AGREEMENT BETWEEN THE CITY OF DUBLIN FOR PAYMENT FOR A PORTION
OF THE COSTS OF THE EAST DUBLIN GENERAL PLAN AMENDMENT STUDY,
SPECIFIC PLAN STUDY AND ENVIRONMENTAL IMPACT REPORT," which
agreement is dated July 12, 1988; and
WHEREAS, further professional services are required for the
purposes of preparing the General Plan Amendment Study, Specific
Plan and Environmental Impact Report ("EIR"); and
WHEREAS, the total costs of such further services ("Further
Services") is $220,868; and
WHEREAS, because this Amendment relates to payment of costs
for the General Plan Amendment, Specific Plan and EIR by certain
Sponsoring Property Owners, the agreement of all Sponsoring
Property Owners is not required to the amendments set forth
herein; and
WHEREAS, the County and The City hereby agree to amend the
AGREEMENT as follows:
A. A new Section 11 is added to the Agreement to read as
follows:
"11. Payment To The City for Further Services. The County
will pay The City the following amounts for the cost of Further
Services:
General Plan and EIR Further Services
(The County's property only)
$11,804
General Plan and EIR Costs for Further
Services Attributable to Property Owned
by Others
$10,326
Specific Plan and EIR Further Services
(The County's property only)
$35,248
Specific Plan and EIR Costs for Further
Services Attributable to Property Owned
by Others
$ 6,159
Total
$63,537
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EXHIBIT
The total amount set for the above shall be paid by the
County to the City monthly in the manner set forth in
paragraph 3 of the original agreement.
B. A new Section 12 is added to the Agreement to read as
follows:
"12. Reimbursement for Specific Plan and EIR Costs for
Further Services Attributable to Property Owned by Others
In the event The City recovers any of the costs of preparing
the Specific Plan and EIR from persons seeking governmental
approval for lands within the East Dublin Specific Plan Area
pursuant to Government Code Section 65456, The City shall
reimburse The County in the amount of The County's proportional
share of the "Specific Plan and EIR Costs for Further Services
Attributable to Property Owned by Others", not to exceed the
amount of $6,159. The County's reimbursement pursuant to this
paragraph shall be in the proportion The County's "Specific Plan
and EIR Costs for Further Services Attributable to Property Owned
by Others" contribution bears to the total "Specific Plan and EIR
Costs for Further Services Attributable to Property Owned by
Others" payments made by other contributing property owners
entering into agreements with The City similar to this agreement
and paying for "Specific Plan and EIR Costs for Further Services
Attributable to Property Owned by Others".
C. A new Section 13 is added to the Agreement to read as
follows:
"13. Reimbursement for General Plan and EIR Costs for
Further Services Attributable to Property Owned by Others
In the event The City recovers any of the costs of preparing
the General Plan and EIR from persons seeking governmental
approval for lands within the East Dublin extended planning area
or otherwise, The City shall reimburse The County in the amount
of The County's proportional share of the "General Plan and EIR
Costs for Further Services Attributable to Property Owned by
Others," not to exceed the amount of $10,326. The County's
reimbursement pursuant to this paragraph shall be in the
proportion The County's "General Plan and EIR Costs for Further
Services Attributable to Property Owned by Others" contribution
bears to the total "General Plan and EIR Costs for Futher
Services Attributable to Property owned by Others" payments made
by other contributing property owners entering into agreements
with The City similar to this agreement and paying for "General
Plan and EIR Costs for Further Services Attributable to Property
Owned by Others."
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Except as expressly amended, the AGREEMENT shall remain in
full force and effect.
THE COUNTY OF ALAMEDA
THE CITY OF DUBLIN
(a Municipal Corporation)
By: By:
Chairman of the Board
of Supervisors
Richard C. Ambrose,
City Manager
Date: Date:
ATTEST:
By: By:
Clerk of the Board of
Supervisors
City Clerk
Approved as to Form:
By:
County Counsel
By:
City Attorney
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