HomeMy WebLinkAboutItem 6.2 MitigationMonitorFee (2)
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CITY CLERK
File # D631@1[Q]-[gJri]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 17, 1998
SUBJECT:
PUBLIC HEARING:
Establishment of Eastern Dublin Specific Plan and Mitigation
Monitoring Program Implementation Fee
'f-'(Report Prepared by Carol R. Cirelli, Senior Planner and
Fred Marsh, Finance Manager)
EXIDBITS ATTACHED:
A.
Section 65456 (a) California Government Code
B. Eastern Dublin Specific Plan/EIR Mitigation Monitoring
Implementation Costs
c. Resolution Establishing Implementation Fees
D. Letter dated January 21, 1998 to Eastern Dublin Specific
Plan Property Owners Explaining the Proposed Fee
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2)
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4)
5)
Open public hearing and hear staff presentation.
Take testimony from the public.
Question staff and the public.
Close the public hearing and deliberate.
Adopt Resolution establishing implementation fees for the
Eastern Dublin Specific Plan and EIR Mitigation Monitoring
Program.
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RECOMMENDATION:
FINANCIAL STATEMENT: A fee has been proposed which will reimburse the City for the cost
of implementing the Specific Plan, including estimated future costs of $270,272. The costs include
approximately $195,030 already expended plus estimated future costs $75,242 for a total of $270,272.
BACKGROUND: The City adopted the Eastern Dublin General Plan Amendment and Specific Plan
on May 10, 1993. The approval was subject to a voter referendum, where the Dublin voters upheld the
project on November 2, 1993. Since then, the City has advanced funds from the General Fund to cover
the costs of administering the Eastern Dublin Specific Plan and implementing the Plan's action programs
and the EIR mitigation measures, until a fee could be developed and implemented to recover these costs.
In accordance with Section 65456 (a) of the California Government Code (Exhibit A), the City has the
ability to impose a specific plan fee for persons seeking governmental approvals that are required to be
consistent with the specific plan. This fee can be established for covering the cost of preparing, adopting
. and administering, or implementing the specific plan. In addition, the Eastern Dublin Specific Plan
contemplated the establishment of such a fee.
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COPIES TO: In-House Distribution
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In order to assure that the City fee schedule is in conformance with the Specific Plan it is necessary to .
adopt a fee for the monitoring and implementation of the Plan. In November of 1994, the City Council
established and adopted the Eastern Dublin Specific Plan Preparation Fee. This fee recovers the cost of
preparing and adopting the Specific Plan plus accrued interest. Eastern Dublin property owners must pa.
this fee at the time that an application for a Land Use and Development Plan, or Planned Developmen
(PD) District Zoning is submitted. The action currently under consideration is the fee owed for
implementing and administering the specific plan. This fee will allow the City to take measures to ensure
that new development in Eastern Dublin will not drain existing City resources, as discussed in the
fmancing section of the Specific Plan (Exhibit A).
Fee Required By Eastern Dublin Specific Plan Resolution
In addition to Government Code Section 65456, the resolution approving the Eastern Dublin Specific Plan
(Resolution No. 53-93) includes a finding directing the establishment of fees for recovering the Specific
Plan preparation, adoption and administration costs. As previously noted a fee to recover the preparation
and adoption costs has already been adopted by the City CounciL The resolution includes another finding
directing that applicants seeking land use approvals in the Specific Plan area shall pay their pro rata share
of all costs associated with the implementation of the EIR mitigation monitoring program. The applicable
sections from the Resolution adopting the Eastern Dublin Specific Plan (No. 53-93) read as follows:
BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby direct that the
Applicants for land use approvals in the Specific Plan area shall pay their pro rata share of all costs
associated with the implementation of the Mitigation Monitoring Program.
BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby direct that all fees.
established pursUant to Government Code Section 65456, to recover costs of preparation of the
Specific Plan, shall include the cost of preparation, adoption and administration of the Specific
Plan.
Methodology
The applicable section of the Government Code Section 65456 requires that the fee charged be prorated
among the affected properties. The legislation recognizes that the cost expended on the Eastern Dublin
Specific Plan should result in a savings to the property owner, by reducing the cost of documenting
environmental consequences and advocating changed land uses, which may be authorized pursuant to the
specific plan. In accordance with the law the costs as estimated cannot exceed the cost of administering
the Specific Plan.
As shown in detail in Exhibit B, staff allocated an estimated total of $270,272 in expenses for
implementing the Specific Plan and the Mitigation Monitoring Program. This figure includes the
implementation costs incurred to date, plus estimated implementation costs for the next 5 years. It is
projected that the costs will be updated within the next 5 years.
A summary by major category of the costs incurred to date plus the estimated implementation costs for
the next 5 years is provided on the following page. The costs for some of the items noted below relates
strictly to staff time necessary to coordinate the review process with other agencies, such as DSRSD and.
the Dublin Unified School District.
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SUMMARY OF ESTIMATED CITY COSTS
ADMINISTERING THE EASTERN DUBLIN SPECIFIC PLAN
. Costs Incurred Estimated Costs Total Estimated
Category to Date over Next 5 Years Costs
Administration $ 47,095 $ 5,533 $ 52,628
Community Improvements 120,136 37,267 157,403
Wastewater System Mitigation 3,515 11,325 14,840
Water System Mitigation 0 6,090 6,090
Public Safety 10,213 9,534 19,747
Schools 14,071 5,493 19,564
Total Estimated Costs $195,030 $75,242 $270,272
The total Specific Plan acreage subject to this fee has been reduced by 26.01 acres to account for public
agency properties, which would not be subject to the City's development regulations. Based upon the
total cost spread among all affected properties, the cost on a per acre basis is calculated at $141.70 for
properties designated for all residential uses except rural residential, $126.42 for properties designated for
non-residential uses, and a $141.70 per 100 acres, or fraction thereof, for properties designated as rural
residential. The difference between the per acre fees is due to the implementation costs related to schools
being entirely allocated to residential projects. The flat charge for the rural residential properties is due to
the fact that the Specific Plan indicates only one home is planned per 100 acres for properties designated
as rural residential.
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As required by State law the fees are to be prorated relative to the benefit derived by the property.
Therefore, administrative costs related solely to residential uses have been segregated and applied solely
to residential uses. It should be noted that this fee is a one time cost to the developer which is payable at
the time a development application is submitted.
When Fee is Required
According to Section 65456 (a) of the Government Code, after the City adopts an implementation fee, the
City has the legal ability to refuse to process or approve an application for land use entitlements, prior to
payment of the fee. The draft resolution Exhibit C includes a finding that the fee shall be paid at the time
a development application is submitted, for a project that is consistent with the Eastern Dublin Specific
Plan. The fee would be collected once at the time of the initial land use application.
Opportunity for Public Comment
As required under state law, the City Council must provide a public comment period prior to approving
and establishing any fee. Staff has published the required public notices announcing the public hearing
date. All affected property owners were mailed information regarding the fee (Exhibit D). Written
comments were requested by February 6, 1998. At the time the staff report was prepared, no written
comments had been received. Members of the public may wish to present oral and/or written testimony at
the public hearing. The fee will become effective in 60 days as required under Government Code Section
66017 (a).
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RECOMMENDATION:
Staff recommends that the City Council 1) conduct a Public hearing; 2) adopt the Resolution (Exhibit C)
approving and establish the proposed Eastern Dublin Specific Plan and Mitigation Monitoring Program
implementation fee; and 3) Direct Staff to Proceed with necessary procedures to collect the fees once it i.
effective. This action will be consistent with prior resolutions adopted by the City Council, whicH
provided for the City to recover costs advanced for preparing and adopting the Specific Plan.
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REli'ERENCE EXCERPTS
A.
SECTION 65456 (A) OF THE CALIFORNIA GOVERNMENT CODE
AUTHOIUZATION FOR A SPECIFIC PLAN AND MITIGATION
MONITOIUNG PROGRAM IMPLEMENTATION FEE.
(,5456. (a) 'n;e legislative body, aCte; adopting a specific plan, llIay impose a ~pecific plan fee upon persons seeking
guvclIllllcnlal :Il'l'lOv:lls which me requiledto be eonsistent with the specific plan. 'nle fees shall be eSlablished so that,
in the aggregate, they defray but as estimated do not exceed, the cost of preparation, adoption, and administration of the
specific plan, including costs incurred pursuant to Division 13 (commencing with Section 21 000) of the Public Resources
Code. As nearly as can be estimated, tile fee char-ged shall be a prorated amount in accordance with the applicant's relati ve
bcnefit dcrived frumthe specific plan. 11. is the intent of the Legislature in providing for such fees to eharge persons who
benefit from specific plans for the costs of developing thosc specific plans which result in savings to Ulem by reducing
tlle cost of documenting environmental consequences and advocating changed land uses which may be authorized
pursuant to Ule spceific plan_
(b) NotwiUlsl.anding Section 600 16, a city or county may require a person who requests adoption, amendment, orn:peal
of a specific plan to deposit with the planning agency an amount cqualto Ule estimated cost of preparing Ule plan,
amendment, or repeal prior to its preparation by the planning agency.
B. SECTION 10.1 OF FINANCING PLAN OF EASTERN DUBLIN
SPECIFIC PLAN
10.1 INTRODUCTION
The two primary purposes of this financing plan are 1) to show
how the major infrastructure costs of new eastern Dublin
development will be financed and 2) to show that measures have ..\Lt..
been taken to ensure that new development will not drain -"""
existing City resources.
G:\EDUBLIN\CODE.'DOC
EXHIBIT A
EASTERN DUBLIN SPECIFIC PLAN AND MITIGATION MONITORING ./ r </
PROGRAM IMPLEMENTATION COST RECOVERY FEE SCHEDULE {,A 1F{ ;.'
Estimates for the Following Portion Allocated to
Staff Staff Consultant Total Non
Category Hours Costs Costs Costs Residential ~
Administration
Financing Techniques 675 36,555 10,540 47,095 30,423 16,672
MllSter Development Agreement 40 2,720 2,813 5,533 3,574 1,959
Total Administration 715 S 39,275 S 13,353 S 52,628 S 33,997 S 18,631
Community Improvements
Map viewsheds of scenic vistas 850 850 549 301
Scenic conidor designation and policy 135 5,536 29,330 34,866 22,523 12,343
Stream corridor restoration program / Grazing Mgmt 356 14,060 70,360 84,420 54,535 29,885
Flood control improvements 225 10,845 510 11,355 7,335 4,020
Kit fox habitat management plan 90 2,724 4,288 7,012 4,530 2,482
Monitoring specific plan policies with Resource
Management Agencies 125 5,700 5,700 3,682 2,018
Preservation of historic sites 50 2,280 1,020 3,300 2,132 1,168
Public parking lots 200 9,900 9,900 6,395 3,505
Total Community Improvements 1,181 S 51,045 S 106,358 S 157,403 S 101,681 S 55,722
WasteWater System Mitigation Measures
Solid Waste Management Program 30 S 1,770 S 510 S 2,280 S 1,473 S 807
Wastewater export pipeline system 5 385 850 1,235 798 437
Discourage use of septic systems 2 100 100 65 35
Energy efficient treatment systems 12 600 600 388 212
Wastewater treatment and disposal facilities 121 6,375 4,250 10,625 6,864 3,761
Total WasteWater System Mitigation Measures 170 S 9,230 S 5,610 S 14,840 S 9,588 S 5,252
Water System Mitigation Measures .
Construction of2 additional turnouts for pipeline 2 S 100 S $ 100 $ 65 $
Design of energy efficient facility and pump station 6 300 300 194 106
Expand DSRSD Service Boundaries 5 250 340 590 381 209
Groundwater recharge program 2 100 100 65 35
Increased water source reliability 6 300 300 194 106
Reduce sound levels of water pump stations 2 100 100 65 35
Review of adequacy of water supply 24 1,200 1,200 775 425
Review of Design Standards for reservoir construction 64 3,300 3,300 2,132 1,168
Two new chlorination / flooridation systems 2 100 100 65 35
Total Water System Mitigation Measures 113 $ 5,750 $ 340 $ 6,090 $ 3,936 $ 2,154
Public Safety
Wildfire Management Plan 77 $ 3,132 $ 5,383 $ 8,515 S 5,501 $ 3,014
Evaluation of Police Services 30 $ 1,698 S $ 1,698 $ 1,097 $ 601
Evaluation of Police Department Staffing Levels 850 850 549 301
Expansion of Police Services 146 8,344 340 8,684 5,610 3,074
Total Public Safety 253 $ 13,174 $ 6,573 $ 19,747 $ 12,757 S 6,990
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EXIllBIT B
EASTERN DUBLIN SPECIFIC PLAN AND MITIGATION MONITORING
PROGRAM IMPLEMENTATION COST RECOVERY FEE SCHEDULE
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Category
Schools
Determine boundaries for DUSD
Planning for School Sites
Phil) for new school facilities
Funding of school facilities
Total Schools
Total Costs to Implement Plan
Acres in Specific Plan Designated for
Residential I NOD Residential Use
Cost Per Acre
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Staff
Hours
2,611
Estimates for the Following
Staff Consultant
Costs Costs
137
19
13
10
179
S 2,705
5,416
473
770
S 9,364
S 127,838
S 850
5,100
3,400
850
S 10,200
S 142,434
Total
Costs
S 3,555
10,516
3,873
1,620
S 19,564
S 270,272
3c-(ff
Portion Allocated to
Non
Residential Residential
S
3,555
10,516
3,873
1,620
19,564
S
S ] 81,523
1,28]
S
]41.70
s
s
88,749
702
s
126.42
EXmBIT B
RESOLUTION NO. - 98
1/41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ESTABLISHING FEES AND CHARGES FOR PUBLIC SERVICES
EASTERN DUBLIN SPECIFIC PLAN
PLAN IMPLEMENTATION AND MONITORING FEE
WHEREAS, the City Council has adopted Resolution No. 53-93, which adopted the Eastern
Dublin Specific Plan; and
WHEREAS, included in the Resolution was a determination that fees would be established
pursuant to Government Code Section 65456, to recover the costs of administering the Specific Plan; and
WHEREAS, also included in the Resolution was a determination that applicants seeking land use
approvals in the Specific Plan area shall pay their pro-rata share of all costs associated with the
implementation of the Eastern Dublin Specific Plan EIR Mitigation Monitoring Program; and
WHEREAS, a fee has been developed which covers the cost incurred to date for administering and
implementing the Specific Plan and Mitigation Monitoring Program. plus future estimated implementation
costs; and
WHEREAS, the fee has been developed in a manner which prorates the cost among all properties.
included in the Specific Plan; and
WHEREAS, the fee shall be collected from all persons seeking governmental approvals that are
considered to be consistent with the Specific Plan and shall be paid at the time a development application is
submitted.
NOW, TIffiREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
adopt Attachment CI - Development Fees, as attached hereto and by reference made a part hereof.
BE IT FURTIIER RESOLVED that the fees established pursuant to this Resolution shall not be
effective for a period of60 days after adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 17th day of February, 1998.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
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ATTEST:
City Clerk
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G:\CC-MTGS\98-QTRl \FEBRUARY\2-17-98\RESO-FEEDOC
EXHIBIT C
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ATTACHMENT Cl
DEVELOPMENT FEES
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Eastern Dublin Specific Plan and EIR Mitigation Monitoring Program Implementation
Applicable to:
Amount of fee:
Payment due:
Prepayment:
G:\EDUBUN\ATIACHBl.OOC
All property within the Eastern Dublin Specific Plan Area (as adopted by
the City Council May 10, 1993 - Resolution No. 53-93).
The amount of the fee will be calculated by the City on a per acre basis.
Parcel sizes allocated between the different categories shall be
approximated based on data from the Alameda County Assessor records
and the Adopted Specific Plan, in accordance with the following schedule:
Residential
$141.70 per acre (for all properties zoned as residential except rural
residential)
Rural Residential
$141.70 per 100 acres or fraction thereof.
All Non-Residential Uses
$126.42 per acre
The per acre charges are due at the time of application, which is consistent
with the Eastern Dublin Specific Plan.
Property owners may elect to prepay the amount owed at any time.
CITY OF DUBLIN
b e{7
po. Box 2340, Dublin, California 94568
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City Offices, 100 Civic Plaza, Dublin, California 945
January 21, 1998
TO: Eastern Dublin Specific Plan Property Owners
RE: Proposed Fee: Eastern Dublin Specific Plan and EIR Mitigation Monitoring
Program Implementation Costs
Dear Property Owner:
The pwpose of this letter is to provide preliminary information regarding the proposed
establishment of a fee, which may affect the processing cost of any land use application
to be considered by the City of Dublin. The implementation of a fee to recover the cost
of administering the Eastern Dublin Specific Plan was anticipated when the Specific Plan
was adopted. The City Council will consider adoption of this fee at a public hearing on
Tuesday, February-17, 1998 at 7:00 p.m.
In 1988, the City of Dublin embarked on a comprehensive effort, at the request of
property owners, to amend its General Plan and adopt a Specific Plan for Eastern Dublin.
The City Council adopted the Eastern Dublin Specific Plan on May 10, 1993, with the
passage of Resolution No. 53-93. The Resolution provided for the development of a fee .
to cover the cost of preparing and implementing the Specific Plan. The City Council
established a fee for preparing the Specific Plan in November of 1994. The City Council
is now being asked to adopt the second portion of this fee which will recover the
estimated costs of implementing and administering the Eastern Dublin Specific Plan
and EIR Mitigation Monitoring Program.
The City Council will consider establishing a fee for recovering the costs incurred to date,
and estimated future costs associated with implementing the Eastern Dublin Specific Plan
and Mitigation Monitoring Program. Costs incurred to date have been advanced from the
City General Fund and to maintain the principles of the adopted Eastern Dublin Specific
Plan were to be reimbursed from project applicants.
Based upon data collected to date the total Specific Plan and Mitigation Monitoring
Program implementation cost is estimated at $270,272. In order to recover these costs,
the proposed fee will be collected on a per acre basis, depending on the Specific Plan land
use designation. The rate of $141.70 per acre is proposed for properties designated for
all residential uses except rural residential. Property designated as Rural Residential is
proposed at $141. 70 per 100 acres, or fraction thereof. For properties designated as non-
residential uses the fee would be $126.42. The difference between the per acre fees is due
to the implementation costs related to schools being entirely allocated to residential
projects.
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EXHIBIT D
Administration (510) 833-6650 . City Council (510) 833.6605 · Finance (510) 833-6640 . Building Inspection (510) 833-6620
Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 . Parks & Community Services (510) 833.6645
Economic Development (510) 833.6650 . Police (510) 833-6670 . Public Works (510) 833-6630 . Planning (510) 833-6610
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As a property owner, . you will not be required to pay the fee until a development
application is submitted to the City of Dublin. For example, if you wanted to
development your property for a different use, which is consistent with the Specific Plan,
the fee would be pai~ at the time you submit a City of Dublin development application.
This fee is intended to be a one-time fee which will be collected with the first application
affecting the subject property.
It is our hope that this letter will explain the proposed fee and to provide an opportunity
for your input. In the event that you have any written comments or suggestions, it would
be appreciated if they were submitted by February 6, 1998. This will provide staff an
opportunity to consider and incorporate the information with the City Council staff
report.
Once again, this action will merely implement the section of City Council Resolution No.
53-93, which directed that fees be established to recover the cost of implementing the
Specific Plan and EIR Mitigation Monitoring Program. In the event that you have any
questions, please feel free to contact this office at (510) 833-6640.
Sincerely,
(9JJ.~
Paul S. Rankin
Assistant City Manager/
Administrative Services Director
cc: Richard C. Ambrose, City Manager
Eddie Peabody, Jr.Community Development Director
Carol R. Cirelli, Senior Planner
Libby Silver, City Attorney
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James R. & Dixie M. Campbell Michael H. Kobold Albert C. Jr. & Beverly A. Haight
4141 Mattos Dr. 815 Diablo Rd. 6833 Tassajara Rd.
Fremont, CA 94536 Danville, CA 94526 Pleasanton, CA 94588
Hanabul F. & Molineux Orletta Jordan R T. & Eileen Sperfslage 1110mas A. & Helene L. Fredrich Trust .
537 Grove Wy 6060 Tassajara Rd. 6960 Tassajara Rd.
Hayward, CA 94541 Pleasanton, CA 94588 Pleasanton, CA 94588
Robert D. & Shirley M. Branaugh Trust Anderson Second Family LP Redgwick Construction Company.
P.O. Box 2388 P.O. Box 273 25599 Huntwood Ave.
Livermore, CA 94551 Pleasant Grove, UT 84062 Hayward, CA 94544
Mission Peak Homes Inc. Rodman R & Azevedo Claudine Scott Ann H. Silveria Trust
245 Sinclair Frontage Rd. 6363 Tassajaro Rd. 6615 Tassajara Rd.
Milpitas, CA 95035 Pleasanton, CA 94588 Pleasanton, CA 94588
Robert J. Jr. & Michelle O. Nielsen James G. Sr. & Sue Tipper Opus Southwest Corp.
6407 Tassajara Rd. 7440 Tassajara Rd. Attn: John Greer
Pleasanton, CA 94588 Pleasanton, CA 94588 6130 Stoneridge Mall Rd. #115
Pleasanton, CA 94588
Mr. Martin W.lnderbitzen Mr~ Ted C. Fairfield Staubach Retail Services
Attorney at Law 5510 Sunol Blvd., Suite A Attn: Auto Nation
5510 Sunol Blvd., Suite A Pleasanton, CA 94566 2030 Main Street, #350
Pleasanton, CA 94566 Irvine, CA 92614
Sununerhill Homes Kaufman and Broad of No California Frederic & Kevin Lin & James Tong .
Attn: Bryan McKeen Larry Jenkins, Chief Financial Officer 6601 Owens Dr., #100
777 California Avenue 3130 Crow Canyon PI., Suite 300 Pleasanton, CA 94588
Palo Alto, CA 94304 San Ramon, CA 94583
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Dublin Land Company Paoyeh & Bihyu Lin Marjorie R & Adams Caro Koller Trust
1991 Leigh Ann PI. 9657 E. Las Tunas Dr. 5379 Tassajara Rd.
San Jose, CA 95125 Temple City, CA 91780 Pleasanton, CA 94588
Clyde C. Casterson Mr. Pat Caslunan Adolph Martinelli, Dr. of Planning
5020 Tassajara Rd. Alameda Co. Surplus Property Authority County of Alameda
Pleasanton, CA 94588 224 W. Winton Ave., Suite 151 399 Elmhurst Street
Hayward, CA 94544 Hayward, CA 94544
Elvera I TR & Silva C. Bragg Milton R. & Gloria Righetti Royal Formosa Inc.
646 Donner St. P.O. Box 2694 1499 Old Bayshore Hwy #132
Sonoma, CA 95476 Castro Valley, CA 94546 Burlingame, CA 94010 ,
Jose L. & Violeta Vargas
7020 Tassajara Rd.
Pleasanton, CA 94588
Anne R. Gygi
5868 Tassajara Rd.
Pleasanton, CA 94588
D. Devany
215 Tim Court
Danville, CA 94526
Wm. & Jean S. Maynard
350 Tideway Drive.
Alameda, CA 94501
Frederic, Kevin, & Jennifer Lin
Chang S. & H.Y. & Hong L. Lin
James Tong
6601 Owens Dr. #100
Pleasanton, CA 94588
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ADDRESS LIST FOR 1/21/98 NOTICE OF PROPOSED FEE - SPECIFIC PLAN