HomeMy WebLinkAboutItem 7.1 DubContraCosta TIFSUBJECT:
CIT'Y CLERK
File # 0390-20
AGENDA STATEMENT
CITY COUNCIL MEETINGDATE:-~.May ~'16,~ 2000
Dublin- Contra Costa Traffic Impact Mitigation Fee
Report Prepared by: Lee $. Thompson, public Works Director
ATTACHMENTS:
1)
2)
Draft Joint Exercise of Powers Agreement Pertaining to
Contra Costa Fees by and between Contra Costa County
and City of Dublin
Resoluti°n Authorizing and Directing the Mayor to sign'the
Joint Exercise of Powers Agreement Pertaining to Dublin-
Contra Costa Fees by and between Contra Costa County and
City of Dublin
RECOMMENDATION:
1)
2)
Hear Staff presentation
Adopt resolution authorizing Mayor to sign Joint Exercise of
Powers Agreement
FINANCIAL STATEMENT:
The fee will generate $13,250,220 in 1999 dollars for the City. This
money will be'used by Dublin t6 COnstruct pOrtions of designated
road improvements in mublin2" Staff estimates the cost of such
.improvemen~ts in 1999 dollars tobe $19,450,000. The shortfall will
have to be made up from other sources.
DESCRIPTION: In the early 1990's, Contra Costa County approved a project in the
Dougherty Valley consisting of 11,000 homes located east-of San Ramon and north of Dublin. At about
. the same time, the City of Dubtin approved the Eastern Dublin Specific Plan, which includes
approximately 14,000. units.
The ~maviromnental review for the Do ~ugherty Valley Project recognized that there would be traffic from
Eastern Dublin going north from Dougherty Valley. and traffic from Dougherty Valley going south
through Eastern Dublim The Dougherty Valley EIR called for adoption ora fee to be imposed on
Dougherty Valley development to pay for Dougherty Valley's proportionate net impact on roads in
Dublin~
City Staff has worked with County staff for several years to quantify the net impact of traffic from Eastern
Dublin using Contra Costa County roads and Dougherty Valley traffic using Dublin roads. Because more
Waffle originates in Dougherty Valley and'uses Dublin roads than the reverse, the fee will be imposed on
developers in Dougherty Valley, and the ftmds will be used by Dublin to construct improvements in the
COPIES TO: Contra COsta County
ITEM NO. ~
g:Xag~,~.mise\agst eec 15f & jpa
City of Dublin, to which Dougherty Valley development contributes a need. The improvements to be
funded with fee revenues are shown on Exhibit E to the draft Joint Exercise of Powers Agreement.
The proposed Joint Exercise of Powers Agreement (Attachment l.) includes the County's commitment to
adopt a fee to generate $13,473,460 in today's dollars.. The Agreement requires Contra Costa County to
impose the fee on Dougherty Valley development and to remit the fee to the City of Dublin. The
Agreement includes Dublin's commitment to USe the fee revenues to construct the improvements listed on
Exhibit E to the Agreement and to allow developers to construct portions of Dougherty Road (from the
old railroad right of way to the County line) in exchange for fee credits. The improvements are divided
between Tier 1 and Tier 2 improvements, with the City's commitment to construct Tier 1 improvements
before construction Tier 2 improvements, if there are sufficient revenues. Tier 1 improvements include
Dougherty Road, Tassajara Road, Scarlett Drive and Fallon Drive. All other improvements are Tier 2
improvements. Dougherty Valley's contribution to the 1-580 interchanges at Hacienda, Santa
Rita/Tassajara, Fallon and Airway Boulevard are included within the revenues to be generated by the fee.
On March 1st of each year, the County will adjUSt the fee in the same manner as the City adjusts its
Eastern Dublin Traffic Impact Fee.
The fee has been calculated differently for the two Dougherty Valley developers. The fee will be $1,225
per unit for Windemere's 5,170 units, plUS a one percent administrative fee, resulting in a total fee of
$1,237 per unit. The fee for Shapell's units will be $1,483 per unit, with a one percent administrative fee,
bringing the total to $1,498 per unit. In addition, Shapell will continue to pay $245 per unit on the 1,216
'units in Gayle Ranch Phase I. Shapell's fee on its remaining units is higher than Windemere's fee to
make up for the shortfall attributed to the 1,216 units in Gayle Ranch Phase I, which are paying only
$245.
The City entered into an agreement with Windemere Ranch partners in December 1999. At that time, the
County staff calculated the fee to generate approximately $11,200,000. Pursuant to the Agreement, the
City agreed to accept fees from the Windemere p~roperty in an amount not to exceed Windemere's share
of $13,000,000 (in 1999 dollars), which would result in a fee per unit of $1,181,82 or $43.18 less than
the $1,225 fee. Since December 1999, City Staffhas worked with County staffto review the County's
calculations. The result is the proposed fee, which will generate $13,473,460 or $43.18 more per unit
than the "cap" agreed to with Windemere. Pursuant to its Agreement with Windemere, the City will
refund to Windemere the difference ($43.18) upon receipt of fees.
Upon buildout of Dougherty Valley, the City will receive a total of $13,250,220 in 1999 dollars. The
difference between $13,473,460 and $13,250,220 is due to the agreement with Windemere. The Eastern
Dublin Traffic Impact Fee assnmes the City will receive $19,450,000 from Dougherty Valley developers
for these improvements. Staff will review the cost estimates and needed improvements and will remm to
the Council with a method to fund the difference.
The draft Joint Exercise of Powers Agreement came to fruition without litigation. It serves as a model
for all communities for how two jurisdictions can work together cooperatively to do what is in the best
interest of the region to deal with traffic which extends beyond the boundaries of adjacent jurisdictions.
The Transportation Committee of the Contra Costa County Board of Supervisors considered the proposed
fee and Joint Exercise of Powers Agreement on May 9th and recommended approval to the full Board of
Supervisors, which will consider the matter on June 13th. The Board action would be to adopt an area of
benefit fee which would be applicable to development within Dougherty Valley. The Board would also
approve the Joint Exercise of Powers Agreement
Staffrecommends that the City Council adopt the resolution authorizing the Mayor to sign the Joint
Exercise of Powers Agreement (Attachment 2).
2
JOlhrr EXERCISE OF POWERS'AGi~,EEMENT PERTAINING TO
DUBUN.-CONTRA CO~T.~ ~-'E$ E~Y AND' E~ETVt/EEN
- CONTRA COSTA COUNTY AND CiTY OF DUBLIN
This JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement'3 is
entered into this __ day of June. 2Q00 (the "Effective Date") between th~ County of
Contra Costa (°Contra Costa County'), .a political subdivision of the State of California,
and the City of Dublin (the "City"), a municipal corporation duly organized and existing
under the taws of .the State of Califom'ia.'The City and Contra Costa County may be
referred to COllectively as the "Parties."
RECITALS
This Agreement is based on the following facts and circumstances:
A. S~outhem Contra Costa Deve~loDment Are~,
There exists in Contra Costa Co. unty a geographical area known as SoUthern
Contra Costa County. The approximate bo.undaries of such area are shown in Exhibit A
attached hereto and incorporated herein.
B, Dou~herl;y Valley Developing. hr::
There is an approved deveiopm'ent Plan in SOuthern Contra Costa County known
· as Do~igherty Valley ~at inCludes the Shapel] development and the Windemere
development These two developments combined are approved for 11,000 residential
units. The project approvals include be. twe~n'300,000 and 600,000 square feet of
commercial space spread throughout the. D~ugherty Valley Development. The
locations of these two developments a..re'shown on the map attached as Exhibit B. The
Shapel! and VVindemere developmentS, are-referred to collectively as the "Dougher[y
Valley Developments.".
C. Eastem Dublin DevetoDmen{:' '
There is an approved specific plan for Eastern Dublin, known as the F_astem
Dublin Specific'Plan. The Eastern Dublin. Specific Plan (and associated general plan
amendment) provides for approximate'ly 13,306 residential units, 9.737-million square
feet of c0mmemial, industrial, and office deveJopment. The location of the Eastern
Dublin Spec'rfic Plan/General Plan area is shown on the map attached as E~hibit C.
The Eastern Dublin Spec'mc Plan developments are referred to as the "Eastern Dublin
Developments." '
DOC F~ Agmamsnt -1- ·
May 1, 2000
D. : Other D .eyelopmentS.
in addition, there exist other prol~erties within the unincorporated portions of
Southern Contra Costa County anticipated to be developed during the duration of this
agreement. The exact location and/or extel, of-these developments is not fully known'
at this time. These other deveiopmerrt? shall be. referred to as "Other Developme.nts."
E. Impact Of DeyeloDmen[
' The DoUgherty Valley Developments are approved for phased development of
11,000 units to be completed by approximately 20'10. The Dougherty Valley
Developments are .initially expected to create 8,500 new residential units. The Eastern
Dublin developments are approved for development of 13,30(~ residential units and
9.737 million square feet of commercial, industrial, and office development, The exact
timing and location of the Other Developments are not known at this time. The traffic
impact from both of these developments will adversely impact the quaiity of life for the
existing residents of the surrounding City and Contra Costa County territories 'unless
those impacts are mitigated-by off-site street im.provements.
Traffic lmpa~ Mitigation and Improvements;
An Environmental Impact Report,- including a traffic study, has been prepared
and ce~fied by Contra Costa County for ~e Dougherty Valley Developments. A projec~
list of public improvements necessary to mitigate the Dougherty Valley Developments
was included in the Ell;[. An Environmental 'Impact Report has been certified by the
City for.the Eastern Dublin Developmerffs, which, together with the Eastern Dublin
Specific Plan calls for public improvements to mitigate the traffic impacts of the Eastern
Dublin Developments.
F. Purp{)s.e ,of A~reement.
The Parties recognize that development.in .the City will impact the County and
that development in the County will impact the City. The purpose of this Agreement is
to account for the difference in magnitude of the impacts that the City and County will
have on each other. This shall be accomplished through the transfer of fee revenue
from the County to the City. The fee will represent the difference in the aggregate costs
Of mitigation projects.
G. Tri-Valle¥ Transp. o~ation Council.
The Tfi-ValleY Transportation Council (TVTC) is made up of representatives from
Contra Costa County, Alameda County, Dublin, Livermore, Danville, Pleasanton, and
San Ramon. in an effort to comply with Contra .Costa County's Measure C, the Council
put forth a comprehensive plan for regional transportation problems in the TH-Valley
area. The plan was based on a traffic model, known as the TVTC traffic model, which
DCC Fee Agreement -2- May 3, 2OD0 "~
was constructed by Barton-Aschman Associates, inc. · The impact mitigations that are
to be funded by the fee to be adopted pursuant to this Agree.. ment will be based on the
TVTC model.
H. . Collection and Use of Impr~.vement FeeSL
The Parties intend and agree thatDougherty Valley Developments, and Eastern
Dublin Developments, shall fund their idenf.~fi~! fair.share of the improvements listed in
F-xhibi~..D'attached hereto and incorporated.herein. Impacts of developments in each
jurisdiction on the other party's infrastmc.ture will be mitigated by these developments
through payment of a fee '. The fee shall hereinafter be referred to as the Dublin-Contra
Costa Fee (DCC Fee). The DCC Fee shall represent the difference between the cost
of constructing those public improvements iricluded in Exhibit D which are required to
mitigat~ traffic impacts of the Dougherty '~alley Developments on roads in Dublin and
the cost of constructing those public improvements included in Exhibit D which are
required to mitigate traffic impacts of the Eastern Dublin Developments on roads in
Southern Contra Costa County.
The TVTC Traffic Model indicates that.the impacts of the Dougherty Valley
Developments on roads in the City are greater than thbse of the Eastern Dublin
Developments on roads in Southern Contra Cos~ County. Fees shall therefore be
colle~ed in Contra Costa County and transferred to the City to compensate for the
unequal impacts.
County shall collect fees from the Dougherty.Valley Developments for the public
improvements necessary to mitigate their traffic impacts.. As of July 1, 1999, the
County has collected $60,025 from the Dougherty Valley DeVelopments toward the
DCC Fee plus interest (for a total of $62,731.45). in addition, the County will collect
more monies from Dougherty Valley Developments after July 1, 1999 and prior to the
effectN, e date of the DCC Fee from Doughe .trY. Valley DevelopmentS. The total of the
preceding two sums shall be referred to as the "Collected DCC Fees." The DCC Fee
shall be calculated so that, assuming construction of all 11,000 units and all non-
residential Dougherty Valley Development, the City Will receive the total sum of
$13,473,460 including the Collected DCC Fees.
The City, shall use the fees collected in a coordinated manner to finance and
construct the improvements listed on Exhibit E.
The purpose of this Agreement is to implore, ent the collection and use of the
DCC Fees to construct the Improvements'.;
DCC F~ Agreement -3- May 1, 2000
NOW, THEREFORE, the parties agree:
The paraes to this Agreement are the City and the County.
· Section 2. I~ec'ffats.
The forgoing Recitals are true and correct and are made a part hereof.
Sectiq.n..3. Definitions.
a. "Areawide Improvements" refers to those public improvements
required to mitigate traff3c impacts of the'Do, ug .hetty Valley Developments, and Eastern
Dublin Deve!opments, and consists of tho~e.' projects identified in Exhibit D.
' b. "DOugherty Valley Deyelopments" refers collectively to the two
developments located within the Contra'Costa County portion of Dougherty Valley, one
developed by Shapeli Industries of Norl~em California for the proper~y described in
Exhibit A to the Development Agreement Be~n County of Contra Costa and Shapeli
Industries, inc. Relating to the Develop~nent Commonly known as County Club and
· Gale Ranch dated January 11, 1995, and in E~hib~t A to the Development Agreement
Between County of COntra Costa and Sh. ape!l Industries, Inc. Relating to the
Development Commonly known as the Gale Ranch, dated Apdl 8, 1998
Development"), and the other by the Windems.re Ranch Partners for the property
describer in Exhibit A to the Deveiopme~ Agreement By and Between the County of
Contra COsta and Windemere'Ranch Partners, dated January 18, 1998 ("VVindemere
Development"). The Dougherty Valley Developments are initially expected to create
8,500 new residential units,' with an expect~ 11,000 units ultimately. All references to
the ,'DoUgherty Valiey Developments" include ali 11,000 units.
c. "Dublin-Contra Costa FeeS"or "DCC Fee~" refers t° fees (or
po~ons thereof) imposed by the City and the County in a uniform manner on all
Eastern Dublin Developments and Dougherty Valley Developments, respe~ively, to
mitigate traffic impacts from such deveiopment~ on inffastruc~cure in the other
jurisdiction. The term does not include any fee (or portion thereof) which is imposed to
mitigate traffic impacts from developments on infrastructure within that development's
jur~sdicfJon.
d. "Improvements" refers ~o.those public improvements to be
constructed by the City with Fee revenues and consists of those projects identified in
Exhibit E.
e. "Land Use Entitlement" means a permit or approval granted for the
development of property and includes a s. ubdivisi0n map approval, land use permit,
DOC Fee Agr~rnent .&- May 1, 2000
development plan approv~l, grading perr~.~ buBding pen'nit, and architectural or design
review aPproval.
SectiOn 4. Collection of Dublin,COntra Costa Fees
The County agrees to collect the DCC Fee from any Dougherty Valley
Development that receives a land use'entitlement. The total amount of revenues to be
collected and the amount of the fee to be imposed on development which has not yet
received a land Use entitlement are described in Exhibit F.
To accomplish the collection of fees; the CoUnty agrees:
a. to adopt the necessary ordinance(s) and/or resolution(s) to impose
and to authorize the collection of the DCC. Fee. within [ls jurisdiction; and
b. to impose a condrdon of approval upon each development which
states' substantially th~ following:
'q'he Project developer shall be required to pay
the Dublin-Contra Costa' Fees to the County for
account of the City. of Dubli.n prior to issuance
of building permits for.the project."
Section 5. Transfer of 'Collected DC.C F~s".
The Collected DCC Fees, together with. investment earnings thereon, will be
transferred bythe County to the City Within 30 days following the Effective Date of this
Agreement, together with an accounting.b~ such revenues sufficient t~ enable the City
to comply w'~h the Mitigation Fee Act, Government Code sections 66000 et. Seq ("AB
16oo'3.
Section 6. Dcc Fee Account
The County shall place the fees' collected under Section 4 in an interest-bearing
' account to be used spec'n~caily for dis~ibUtion to-the City for construction of the
Improvements. The deposits in each account' ~hall be invested in the same manner as
other funds of the party. For investment purposes the funds may be pooled with other
funds as long as separate ac, counting is maintained and the DCC Fees account is
credited with the inVest~-nent earnings. ·
Section 7. Accounting.
Semiannually, on April 1 and October 1 of each year, the County shall remit to
the City the DOC Fees collected and in. vestmen{ earnings in the DOC Fee trust account.
The County shall include a detailed accounting w'rth each remittance. The information
DCC Fee Agr~m~nt ;5- May 1, 2000
shall be shared Jn a form and manner to be agreed to subsequently by the Parties.
The City shall prepare all docum~ necessary to comply with AB 1~00.
~ecfion,,~8. Reg_ ional Fees.
if, during the life of this Agreement, a regional fee is adopted, the DCC Fee will
be adjusted to avoid double-charging developments for any improvements that are on
both the list of projects to be funded by the DCC Fee and the subsequently adopted
regional fee project list.
Section 9, DUblin-Contra Costa Fee Amount and Time of Payment.
The DCC Fee to be imposed on the. Dough.erty Valley DeVelopments and the fee
Calculation are attached as Exhibit F. The DCC Fee is calculated on 11,000 units,
The fee shall be collected prior.to .the issuance, of a building permit.
The County is not liable to the City for the legal inability to colleot a f~¢.
Section.10. D.Ub. lig.-Contra Costa Fee.Adjustments.
The amount of the DCC Fee shall be adjusted by the County, as set forth below.
On Mamh 1 of.each year that this A~reement is in effect, the County shall adjust
the DCC Fee in the samemanner as City adjusts its Eastern Dublin Traffic Impact Fee
for changes in construction costs and land costs, based on City of Dublin Resolution
No, 225-99 and any future City resolutions amending the City's Eastern Dublin Traffic
Impact Fee.
in addition, on March 1 of each. year that this Agreement is in effect, the County
shall increase the amouht of the DCC Fees over the amounts in effect for the preceding
calendar year by an amount determined necessary for any significant changes in State
or Federal construction requirements.
Section 11. .C{)nstruction of the Im~).rovements.
a. The City shall use the funds collected under this Agreement only
for the design, environmental review, construction contract and related costs of the
'Improvements Ii§ted in Exhibit E. City-may also use such funds to reimburse
developers who have constructed the projects, listed in Exhibit E.
b. The Parties agree to ~o'mpi~ the projects listed in Exhibit D as
needed (~,ith development impact fee reven~es.) to satisfy the growth management
requirements of County and congestion management program requirements of Coun~
DCC Fee Agreemsnt -6- May 1,.2090 ~
and Dublin. A c. bpy of the current proje~.priority list, such as a caP~rtal Improvement
Plan (ClP), siiall be transmitted by both pard.es to the other at the time of the Octolser 1
disbursement of funds..(pursuant to Section 7) in order to satisfy these requirements.
~. Upon acceptance of an impr~vement, the ownership and responsibility for
maintenance of the l~nprovernent will rest.with the City. Funds generated by this
Agreement shall not be used for maintenance of existing or proposed facilities, nor will
the County be liable for any maintenan.ce of any, .facility.
Section 12. Tier I and Tier 2 imlDrovements
The Improvements listed on Exhibit E shall be divided into two tiers.
Tier I consists of the following projects which shall be the City's first priority to
construct: Dougherty Rdad (Segments. 1, .2, 3, and 4); Tassajara Road (Segments 22,
22A, 23, 24, 'and 25); Scafleff Drive (Segme.nt 21); and Falion Road (Segments 26,
26A, 27 and 28). Once. all Tier I proj~s are. constructed, the City will use any
~maining DCC Fees to construct Tier 2 projects.
Section 13. Construction of Improveme. n.ts by Developers
The City agrees that.the County may 'require or allow a developer to constTU~ all
or a portion of the following projects included in Exhibit E unless already consl~'ucted:
.. (a) Doughe .rty Road Segment 1, and (b) Doug.hetty Road Segment 2.
If a developer constructs such segments, the County will give the developer
credit against payment of the DCC Fcc if the' improvements are constructed in the
u~mate location and in accordance with City's requirements, as described below.
The amount of any credit shall be. deter~nined by the Public Works Director of
City at the time of bonding for the Improvements. The Public Works Director shall use
the unit prices in the City's Eastern Dublin Traffic Impact Fee then in effect, including
adjustments for inflation, for the Doug.h'erty 'Road project being constructed, or portion
thereof.
The amount of the credit, once ~ablished, shall not be increased for inflation
nor shall interest accrue on the amount.of the 'credit.
If the amount of the credit is ie~s than the amount of the DCC Fee for the
de. veJopment, the developer shall pay the dif~mnce. If the amount of the credit is
greater than the amount of the DCC Fe~ for fl3e development, the Credit may be
"banked" by developer for ten (10) years and may be appiied against future DCC Fees
imposed on development proposed byth~ same developer. At the end of ten (10)
years, ifthe developer has not used all "banked". credits, the developer may apply to the
City for reimbursement in the amount of the "banked" credits, provided such
DOC Fee Agr~ment -7- May 1, 2000
reimbursement shall be from DCC Fee .revenues only. Credits may not be sold or
.transferred
Prior to constructing any Improvements pursuant to this Section, the developer
will b~ required to sbbmit plans and speC(~..~ca., tions to City's Public Works Director for
review and approval and shall enter inf~ art improvement agreement with City for
construction and dedication of the roadway impro~/ements. All' such improvements shall
be constructed in accordance with City's standards and policies which are in force and
effect at the time of issuance of the perfnit for tb.e proposed improvements.
P~ior to execution of the Improvement Agreement described in the preceding
paragraph, the developer shall provide' acash monument bond, a performance bond
and labor and materials bond or other.adequate ~ecurity to insure that the
improvements will be constructed within the times required by City's Public Works
Director. The performance bond or other security shall be in an amount equal to 100%
of the engineer's estimate of the cost to constru.ct the improvements (including design,
engineering, administration,, and inspection); the labor and materials bond shall be in an
amount.equal to 50% of the-engineer's estimate; and the Monument bond shall be in
the amount of $500 per street monument to be set. The bonds shall be wriffen by a
surety licensed to conduct business in the State of California and approved by City's
City Manager.
W'rth the prior written consent of City, .Contra Costa County m~y require a
developer to construct all or a portion of any ~)f.the other projects included in Exhibit E.
All aspects of construction and credits for ~uch project will be governed by the
provisions of this Section 13, with the exception ol'the amount of th__. credit to be
granted which shall be as determined by City's Public Works Director based on the
costs of construction of such project used in calculating the amount of the DCC Fee.
Section 14. Advance of Funds by Developers
If any Shod-Term Traffic Study prepared.in connection with any Land Use
Entitlement for new development in th~ area described in Exhibit/k concludes that any
of the project(s) listed on Exhibit E are needed to mitigate the impacts of such new
development and if sufficient DCC Fee revenues are not available to City to construct
such project(s), the County will advance funds in an amount mutually agreed upon by
County and City to enable the City to construct such projects, or portions thereof, as so
needed.
The preceding paragraph shall apply to the following projects listed on Exhibit D
which are located within the City of Dublin or Alameda County: (1) Tassajara Road, (2)
Dougherty Road, (3) Scaflett Drive, and (4) Fal[0n Road.
Jf the amount of the funds needed b.y City ~o construct the needed project(s) is in
excess of the amount of the DCC Fee for such new development, the County shall
DOC Fee Agreement -8- May 1, 2000
imp. ose~a condition on the new development to require payment of the difference, in
which event the developer shall be entitled, to a credit in the amount of the difference
which may be applied against DCC Fees.
The County agrees' to require Sh~)rt-Term Traffic stUdies Jn cc~nnection with all
applications for Land Use Entitlements.
As used .herein, 'Short-Term Traffic study" shall refer to a project-specific traffic
study which evaluates the improvements needed at the time of deve}opment as a result
of traffic generated or to be generated from existing development, approved but
Unoccupied/unbuilt development and the project which is the subject of the Land Use
Entitlement application, to the following roadways located within the City of Dublin or
Alameda County: ('i) Tassajara Road, (2) Dougherty Road, (3) Scarlett Drive, and
Falion Road.
Se~on 15..Annexations.
If a development in the County is required by this Agreement to pay the DCC
Fee and the development is subsequently incorporated or annexed to another
judsdi~on, the County shall require, as apart of the incorporation or annexation that
the development will still be responsible to pay the DCC Fee at the time of issuance of
building permits.
Section 16. Freeway.Interchanc~{a. ;.
The following 1-580 freeway interchanges, which are regional facilities, are
included in this fee program:
· Hacienda
· Santa Ritaffas..~. ajara
o El Charro/FaiiOn
o Airway BoUlevard'.
Section !7. independent Plannin.q'Acfl~on.
Nothing in .this Agreement shall have. any bearing on the determination of how
many dwelling units or how much non-ras, idenfial space may be permitted or the nature
of the development to be approved bY the party having jurisdiction over a particular
development. Payment of the DCC Fee shall constitute full mitigation for traffic
impacts of Dougherty Valley Developments on. circulation infrastructure in Dublin, and
no Dougherty Valley Development shall be Subject to any additional mitigation for
traffic impacts in Dublin (including the above 1-580 fr&eway interchanges) whatsoever
s.ect;.ion 18. Amendments.
DCD Fe~ Agreement .-~. May 1, 2DO0
This Agreement may be amended at.a~.y time by an amendment mutuallY
executed by the City: and the CoUnty. Such .arm6ndm.ents shall be approved by their
· legislative bodies..
Section 19.. Indemnification ar)d Hold Harmless..
The City shall defend, indemnify, save.'. ahd hold harmless the County and its
office_rs, agents, and employees.from any .and all claims, demands, suits, costs,
expenses, and liability, including for costs and attorneys' fees, for any damages, injury,
sickness, or death, ihcluding liability for inverse ~ndemnation, nuisance, or trespass,
arising directly or indirectly from, or in 'any way connected with, the design,
construction, in. stallation, inspection, operation, maintenance, or repair of those road
improvement projects included in Exh..ibit E and located within the City's jurisdiction.
Nothing in this section is intended to affect the legal liability of any party to third
parties by imposing any standard of cam different from the standard of care imposed
by law.
.Section 20.. Insurance.
For the design, and construction of road improvement projects within their
respective jurisdictional boundaries, the Parties to this Agreement shall cause all
contract documents, for such work to include.provisions requiring the consultant or
contractor (1) to name all Parties to this Agreement and their officers, agents, and
employees as additional insureds under ~ny insurance provided by the consuJtant or
contractor;, (2) to provide to all Parties to .thi~ Agreement a certificate or certificates of
insuranr_,e~~ evidencing Such coverage and to provided at least 30 daYs' wdtten notice of
lapse, cancellation, or Other termination of coverage; and (3) to promise to defend,
indemnify, including for attorneys' fees and costs, save, and hold harmless Parties to
this Agreement and their officers, agen.ts,.and employees from any loss, damage,
injury, death, claim, or demand conne .c'fed in a'riy Way with the work or services
performed by the consultant or contractor, the consultant's or contractor's
subcontractors, or anyone under the consultants or contractor's direction or control, if
more than one consultant or contractor iS ernpi.o, yed, the term "consultant" or
"contractor" shall refer t° all consultants and'contractors employed by the Parties to
this Agreement.
Section..21. Term of Aareement,
W'rth the exception of Section 19 (Indemnification and Hold Harmless), which
shall remain in effect in perpetuity, this Agreement shall remain in effect from the
Effective Date in the Opening paragraph until:
a. the projects listed, in Exhibit E have been constructed, and
DCC Fee Agr~rn~nt -10- May 1, 20D0
the last phase of the Dougherty Valley Developments has been
built out_
Provided, however, t~s Agreement shall terminate when the City
has received a total of $13,473,460 in DCC' .Eees plus in'crease or decrease due to
adjustments made pursuant to Section 10, if ~u~h r=c'~ipt occurs sooner than (a) and
~) above. ..
Section 22. Sole Aqreement.
This Agreement is the sole agreement on the subject matters of this Agreement
between the Parties.
SectiOn 23. _Powers.
The powers of this Agreement shall bi .exercised subject to the restrictions upon
the exercising of such powers by the County, as provided in Section 6509 of'the
Government Code.
Section 24. Breach.
The sole r_~medy for breach of thi~ Ag .reement, except ~or a breach of Section
19 ("Indemnification and Hold Harmless"-)" and Section 20 ("insurance") shall be an
action for specific performance against the breaching party.
Section 25, ~Accountabilitv
As required by Section 6505 of the Government Code, the Parties shall provide
strict accountability of all funds received and ~disbursed under this Agreement.
Sc~.--tion 26. Signatures,
This Agreement may be signed in.ce'.unterparts and the signature pages
· attached to form a complete document.
Sectic)n 27. E_xhib. its.
The following exhibits are included in this Agreement
~xhibi~ A - Map of Sodthe.rn Contra Costa County Area
Exhibit B -
Map of Dobgl~erty Valley Developments (Shapeil &
Windemere DevelOpments)
DOC Fee Agmemer~t -11- . May 1,200D
Exhibit C -
Exhibit D.
Exhibit E-
Exhibit F -
APPROVED BY:
COUNTY OF CONTRA COSTA
Map'of EaStern Dublin Specific Plan/General Plan
Area
Improvements Needed for Dougherty Valley
Dev.. Iopmerits ~nd Eastern Dublin
ImproVements.to be constructed by City of Dublin
with' Fe~ Reveriues
Revenues to be Raised and Fee Amounts
By:
Affest~
Clerk of the Board of Supervisors
Approved as to Form
County Counsel
CITY OF DUBLIN
By:
Mayor
Attest:
C~ Clerk
Approved as to form:
City Attorney
DCC Fee Agreement
-12- May 1, 2000
EXHIBIT A
Map of Southern Contra Costa County Area
[TO BE PREPARED BY COUNTY]
EXHIBIT B
Map of Dougherty Valley DeVelopments
{Shappell and Windemere Developments)
[TO BE PREPARED BY COUNTY]
I: : i L
General Commercial ma~ be garmllted by a Planned Devalo~menl Zoning Process (sen taxi f~ corn~le;e d~scusslon ~'
Wa1 convert lo Future ~tud¥ Area/Agriculture where ~elermine~ Inconslstenl wl~h APA (see lex! lot com~lele c~$cusslon]
FUTURE STUDY AREA
AGRICULTURE'
2743.9 Acres
· 14 Acres ['
[Crosby)
I
mi II I I I
Oeneral Plan
: ;F~'~tem F~tended Planning
LAND USE MAP
--, :~ ~.',. r
COMM~C~
~ 'Oener~ Comero~
RESDEN~L
PUBL~/SEMFPUBL~/OPEN
~Se~be Fac~
~ ~r Kgb Scho~
~ ~h Scho~
0 c~~
Ne~o~ood
~en S~ace
SFeam Co.ldor
C~C~T~N
...... T~ . · ~'~ ~' '
-_- -.
EASTERN":?'
EXHIBF~ D
DUBLI~CONTRA COSTA AREA OF BENEFFF
FEE SUMMARY
-~.~ TIF PROJECT COST i COUNTY SHARE DUBUN SHARE
DESCRIPTION SEGMENT GRAND TOTAL % $ % $
Dougherty Road 1 $ 3,122,371 34.32 $1,071,598 2.54 $79,308
Dougherty Road 2 $ 3,421,857 31.10 $1,094,198 0.09 $3,060
Doagherty Road 3 I$ 131213 28.02 $36,766 0.97 $1273
Dougherty Road 4 $ 1,928,809 14.47 $279,099 3.50 $67,508
Dublin Blvd.. 5 $ 4,886,232 0.34 $16,613 4.84 $236,494
Dublin Blvd.. 6 $ 1,833,052 0.46 $8,432 15.00 $274,958
Dublin Blvd.. 7 $ 6,516,016 0.07 $4,561 33.79 $2,201,762
Dublin Blvd Ext 8 $ 2,861,071 2~40 $68,666 33,75 $965,611
Dublin B/vd Ext 8A $ 4,776,199 2~31 $110,330 35.37 $1,689,342
Dublin Blvd Ext 9 $ 10,421~60 1.46 $152,152 5226 $5,446,203
Dublin B!vd Ext 10 $ 14,139,385 0.31 $43,632 26.14 $3,978,823
Dublin Blvd Ext tl $ 20,361,405 5.23 $1,064,901 2224 $4,528,376
Airway Blvd Interchange 12 $ 2,060,000 0.68 $14,144 12.26 $255,0D6
rHacienda 13 $ 1,358,792 1.30 $17,664 3025 $411,035
HaCienda 14 $ 3,150,317 0~1 $6,616 6.81 $214,537
Hacienda Interchange 15 $ 4,502,298 1~0 $58,530 3025 $1,361,9~5
Arnold Road 16 $ 4,264,616 1.00 $42,646 50.00 $2,132,308
Central Park~4ay 16A $ 1,323,896 1.00 $13,239 50.00 $661,949
Central Parkway 17 $ 6,681,052 120 $80,173 2125 $1,419,726
Central Parkway 18 I $ 4,335,073 0.18 $7,803 46.04 $1,995,858
Central Parkway 1SA I$ 3,909,472 0.17 $6,646 98.92 $3,857250
Gleason 19 $ 588,755 725 $42,685 42.04 $247,513
Gleason 19A $ 4,549,372 725 $329,829 42.04 $1,912,556
Glemson 20 $ 6,693,436 0.50 $33,467 99.39 $6,652,606
Scarlet Drive 21 $ 8,321,777 11.65 $969,487 1629 $1,355,617
TasSajara Road 22 $ 9~22,004 39.90 $3,679,58D 26.19 $2,415243;
Tassaj ara Road 22A $ 6218,065 23~9 $1,491,714 62.79 $3,904,323
Tassajara Road 23 $ -~ 5,083,778 9~8 $471,775 57.05 $2,900295
Ta$saj ara Road 24 $ 257,400 2.961 $7,619 3428 $88237
Tassajara Rd Interchange 25 $ 13,017,658 2.96 $385,323 3428 $4,462,453
!Fallon Road 26 $ 6,992297 34.36 $2,402,553 24.59 $1,719,406
Fallon Road 26A $ 5275,974 24.52 $1~93,669 44.99 $2,373,661
Fallon Road 27 $ 773,018 5.71 $44,139 13.13 $101,497
Fallon Rd Interchange 29 $ 13,919,751 5.71 $794,818 13.13 $1,827,663
Creek Trail 29 $ 1,063~35 0.OD $0 0.00 $0
Totals $ 187,981,116 $16,115,266 $61,753,431
COUNTY ROADWAYS
T~tal ImpreSt COUNTY SHARE DUBLIN SHARE
DESCRIPTION TIF SEGMEN3 #tSl~lnals, Grad'g % $ % $
Bridge C~t L~
Dougherty Rd Seg. A $2,337,720 29.09 $680,043 1.30 $30,390
Dougherty Rd Seg. B $6,083~20 32.14 $1,955,147 1.68 $102,198
Dougherty Rd JSeg. c $1,808,400 41.17 $744,518 2.32 $41,955
Bollinger Rd ISeg. D $2,353,560 16.00 $376,570 1.15 $27,066
Bollinger Rd ISeg. E $5,164,500 48.93 $2,528,990 4.05 $209,162
Bollinger Rd ISeg. F $4,885,000 70.66 $3,311,128 6.77, $317~42
Bollinger Rd :Seg. G $2,409,000 79.73 $1,920,696 9.94; $239,455
Bollinger Rd ;Seg. H $2,355,540 4125 $978,727 1.86 $43,813
East Branch Seg. I $5,3~2~00 92.33 $4,978,618 1,051 $56,618
Windermere Seg. J $3,895,320 62.99 $2,453,682 20.61 $802,825
Windermere Seg. K $2,205,720 61.39 $1,354,092 23.85 $526,064
Cam%no Tassajara Seg. L $1,136,440 43.42 $493,442 21.56 $245,016
Totals $39,827,620 $21,773,632 $2,641,806
Net l~ifference in impacts between Dublin and Contra Costa County:
Shapeli Share (53% of Net Difference):
Windemere Share (47% of Net Difference):
RESULTANT WINDEMERE F~E (PER DWELLING UNIT)
ADJUSTED SHAPELI_ FEE (CONSIDERING PREVIOUS GALE RANCH PAYMENT)*
W1NDEMERE FEE WITH 1% ADMIN FEE ADDED
SHAPELL FEE WITH 1% ADMIN FEE ADDED
*NOTE: Because Shapeli paid only $2451unit for Gale Ranch (1,216 units), the remaining
Shapell units will be charged the higher fee to make up the difference.
g:[tmr~eng~lublin~Do~ument~li~L Fee Calm~l~tion.xls
$13,473,468
$7,140,934
$6,332,526
$1,225
$1,483
$I ,237
$1,498
EXHIBIT E
Improvements to Be Constructed by City of Dublin with Fee Revenues
1. Dougher[y Road (Segments 1, 2, 3 and 4)*
2. Dublin Boulevard (Segment 6)"
3. Dublin Boulevard Extension (Segments 7, 8, 8^, 9, 10 and 11)'
4. Airway Boulevard (Segment 12)"
5. Hacienda Ddve (Segments 13, 14 and 15)"
6. Arnold Road (Segment 16)"
7. Central Parkway (Segments 16A, 17, 18 and 18A)"
8. Gleason Drive (segments 19, 19A and 20)"
9. Scarlet Ddve (Segment 21)'
10. Tassajara Road (Segments 22, 22A, 23, 24 and 25)*
11. Fallon Road (Segments 26, 26A, 27 and 28)'
Note: References to "Segments" are to Segments shown on Exhibit D.
'Tier 1 projects (see Section 12)
**Tier 2 projecls (see Section 12)
Revenues to be Raised'and Fee Amounts
Total Revenues to. be collected
from Vali?y Developments
$13,473,460*
Land Use
Windemere Development'
Shapell Development
Fee____.~*
$1,225
$1,483"
per Dwelling Unit
per Dwelling Unit
*Fees will be adjusted pursuant to Section 10..
"The fee for the .1,21 $ units subject to th& County Club at Gale Ranch Development
Agreement will be $245' per unit.
RESOLUTION NO. - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE MAYOR TO EXECUTE THE JOINT EXERCISE OF
POWERS AGREEMENT PERTAINING TO DUBLIN-CONTRA COSTA FEES
By AND BETWEEN CONTRA COSTA COUNTY AND CITY OF DUBLIN
WHEREAS, the City Council of the City of Dublin has been presented with an agreement entitled
"Joint Exercise of Powers Agreement Pertaining to Dublin-Contra Costa Fees By and Between Contra
Costa County and City of Dublin"; and
WHEREAS, the City Council is familiar with the terms of the Agreement; and
WHEREAS, the City Manager has recommended approval of the Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Joint Exercise of Powers Agreement Pertaining
to Dublin-Contra Costa Fees By and Between Contra Costa County and City of Dublin is hereby
approved and the Mayor, or in his absence the Vice Mayor, is hereby authorized to execute the
Agreement in substantially the form attached as Attachment 1 to the agenda statement.
PASSED, APPROVED AND ADOPTED this 16th day of May, 2000.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
g:ag~nmisckreso cccjpa ~agmt