HomeMy WebLinkAbout7.2 East Dublin Planning Agreement � 00- �
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 27, 1988
SUBJECT East Dublin Planning Agreement between The City
of Dublin and Alameda County
EXHIBITS ATTACHED Exhibit A: Draft Agreement between the City of
Dublin and the County of Alameda for
payment of a portion of the cost to
complete the East Dublin General
Plan Amendment/Specific Plan Studies
and Environmental Impact Report.
RECOMMENDATION Review and approve the agreement and authorize
Mayor to sign the agreement
FINANCIAL STATEMENT None
DESCRIPTION:
As the next step in preparing the East Dublin planning studies and EIR, a
number of agreements must be entered into. This is the first of a series of
agreements that will be before the City Council for consideration over the
next few weeks.
Exhibit A is a copy of the Draft Agreement between Alameda County and the
City. It addresses the County's participation in the GPA/SP studies and EIR.
City and County staffs have met and prepared a draft agreement that both
staffs are recommending for approval. This agreement is necessary to ensure
that the goals and interests of the City and County as well as the
responsibilities of both agencies are fully carried out.
Subject to the City Council's approval, the agreement should be signed by the
Mayor (six (6) original copies, four (4) for the County and two (2) for the
City) and immediately forwarded to the County Board of Supervisors for their
review and approval. Staff would give County staff the signed copies on
June 28th. County staff has indicated that the Board of Supervisors would
consider approving the agreements at their July 12, 1988 meeting. Two (2)
signed copies would then be returned to the City for our records.
Staff recommends that the City Council review and approve the draft agreement
between Alameda County and the City (Exhibit A) and authorize the Mayor to
sign six (6) original copies of the Agreement.
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ITEM N0. 710,
AGREEMENT
BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN
FOR PAYMENT OF A PORTION OF THE COSTS OF THE
EAST DUBLIN GENERAL PLAN AMENDMENT STUDY
SPECIFIC PLAN STUDY
AND
ENVIRONMENTAL IMPACT REPORT
THIS AGREEMENT is made and entered into on the 1988,
between the County of Alameda, a political subdivision of the State of
California, hereinafter referred to as "The County", through its duly
authorized representative, The Chairman of its Board of Supervisors, and The
City of Dublin, a Municipal corporation, hereinafter referred to as "The
City", through its duly authorized representative, its Mayor.
WHEREAS, The City will begin the process of preparing an amendment to
its General Plan which area is generally referred to as the East Dublin
General Plan Amendment Study area (see Exhibit "A") upon execution of this
Agreement; and
WHEREAS, The City will begin the process of preparing a Specific Plan
(see Exhibit "B") for the area proposed to be encompassed within the East
Dublin General Plan Amendment Study upon execution of this Agreement; and
WHEREAS, The County owns approximately 956 acres in the City of Dublin
(APN 946-15-1-4 and APN 946-15-2) of which approximately 630 acres will be
included in the General Plan Amendment Study and the Specific Plan and
designated for use as business park industrial or other urban use; and
WHEREAS, The County requires professional services in the field of land
use, urban planning, architecture, engineering, geology and fiscal economics
including environmental analysis as required under California Environmental
Quality Act (CEQA) , for the purposes of preparing the aforementioned General
Plan Amendment Study and Specific Plan for its 956 acres described above; and
WHEREAS, The County is authorized by Section 31000 of the Government
Code of the State of California to contract for special services and advice
set forth under this Agreement, and The City is authorized to do the same by
Section 37103 of the Government Code; and
WHEREAS, The City intends to contract with Wallace Roberts & Todd
(hereinafter referred to as "The Consultant") to perform these services for
the property owners with parcels in what is known as the East Dublin General
Plan Amendment Study area; and
En
-1- ExnlBIT- A
WHEREAS, the General Plan Amendment Study and Specific Plan for The
County's property will be prepared as defined in Section 65450, et esq. , of
the Government Code as a guide to the development and use of The County
property described herein;
NOW, THEREFORE, The County and The City agree as follows:
1. Scope of Work. Upon execution of this Agreement, The City will
enter into an agreement with The Consultant to (a) prepare an amendment to the
City's General Plan for the area known as East Dublin; (b) prepare a Specific
Plan as defined in Government Code Section 65450, et seq. , for the area known
as East Dublin; and (c) prepare all other documents, reports and analyses
requisite to the legislative approval of said General Plan and Specific Plan,
including, but not limited to, the preparation of all documents necessary to
comply with the California Environmental Quality Act and a fiscal analysis.
It is further agreed that by entering into this Agreement, The
City does not bind itself to approve a General Plan Amendment or Specific Plan
for the East Dublin area.
2. County Payment to City. The County will pay The City the
following amounts as its proportional share of the cost of preparing the
General Plan Amendment, the Specific Plan, the Environmental Impact Report and
related documents as more fully described above:
General Plan (County property only) $ 32,483.00
Specific Plan (County property only) 67,796.00
Additional Specific Plan Costs
(the County's proportional share
of the costs ascribed to the
parcels owned by non-participating
property owners) 12,520.00
Total $112,799.00
3. Method of Payment. The County agrees to pay The City a total sum
not to exceed One Hundred Twelve Thousand Seven Hundred Ninety-Nine Dollars
($112,799) . The County further agrees to pay The City monthly based on an
itemized monthly statement and reflecting The County's proportional share of
the costs billed for work completed by The Consultant.
4. Termination of Work. In the event The City decides to terminate
work on the preparation of the East Dublin General Plan Amendment Study and
the Specific Plan, The County will have no further obligation to make payments
as provided in Paragraph 3 above. Any payments made up to the date of
termination will be retained by The City.
5. Reimbursement to County. In the event that The City recovers any
of the costs of preparing the Specific Plan from persons seeking governmental
approval for lands within the East Dublin Specific Plan area pursuant to
-2-
Government Code Section 65456, The City will reimburse The County in the
amount of its proportional share of the "additional Specific Plan costs" not
to exceed the amount of Twelve Thousand Five Hundred Twenty Dollars
($12,520.00) . The County's proportional share shall be determined by
comparing The County's contribution of Sixty-Seven Thousand Seven Hundred
Ninety-Six Dollars ($67,796.00) to the contributions toward the preparation of
the Specific Plan made by other property owners prior to preparation of the
Specific Plan.
6. Added Work. Added work may be required by The County and other
property owners included in the East Dublin General Plan Amendment Study area.
In this event, total additional payment made by The County for its
proportional share of the cost of this additional work will not exceed Thirty
Thousand Dollars ($30,000.00) .
In such case, a price will be negotiated by The City with The
Consultant in advance of the execution of the required additional work and
agreed to in writing.
7. Change of Consultants. In the event that The Consultant is unable
to complete any portion of the Scope of Work as assigned, the City reserves
the right to hire similarly qualified consultants to complete the remaining
tasks associated with the Scope of Work.
8. Revisions to This Agreement. In the event that special
circumstances require that this Agreement be amended, mutual written consent
in support of the amendment must be reached between The City and Sponsoring
Property Owners prior to any amendment taking place.
9. Hold Harmless. The City agrees to hold harmless and indemnify
The County, its officers, employees, agents and volunteers for any and all
liability arising out of The City's or The Consultant's negligence.
10. Notice. Wherever notice is required to be given under the terms
of this Agreement, it shall be in writing and shall be effective the day it is
mailed, properly addressed to the party to receive such notice. Notice
delivered other than by mail shall be effective when received. When notice is
to be given by The County, unless otherwise provided, it shall be mailed or
delivered to:
Richard Ambrose, City Manager
City of Dublin
6500 Dublin Boulevard, Room 205
Dublin, CA 94568
When notice is to be given by The City, unless otherwise provided,
it shall be mailed or delivered to:
-3-
i
Alameda County
c/o The County Administrator
1121 Oak Street, Suite 555
Oakland, CA 94612
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed as of the date and year first above written.
The County of Alameda
(A policital Subdivision of the
State of California)
By
Edward Campbell, Chairman
Board of Supervisors
Date
Attest:
By
William Mehrwein, Clerk
Board of Supervisors
Approved as to Form:
County Counsel
City of Dublin
(a Municipal corporation)
By
Linda Jeffrey, Mayor
Date
Attest:
City Clerk
Approved as to Form:
City Attorney
-4-
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