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HomeMy WebLinkAboutReso 070-86 AlaCo CampParksRESOLUTION NO. 70-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN REGARDING CAMP PARKS, TASSAJARA PARK AND SANTA RITA PROPERTIES AND APPROVINGAN EXCHANGE OF PROPERTY TAX REVENUES THEREFOR WHEREAS, the City of Dublin has a proposal pending before the Local Agency Formation Commission to annex some or all of the properties respectively known as "Camp Parks", Tassajara Park", and "Santa Rita", all of which are located in the unincorporated portion of Alameda County; and WHEREAS, Section 99 of the Revenue and Taxation Code provides that no local agency jurisdictional change can be completed without the affected agencies having first agreed upon an exchange of property tax revenues; and WHEREAS, the City of Dublin and the County of Alameda have reached an agreement concerning the exchange of property tax revenues in the event that the above-named properties are annexed by the City of Dublin, and a copy of said Agreement is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED: 1. That said Agreement (Exhibit "A") is approved and adopted and the Mayor of the City of Dublin is authorized to executed said Agreement on behalf of the City of Dublin; 2. That the exchange of property tax revenues between the City of Dublin and County of Alameda for the Santa Rita property shall be as set forth in paragraph 5 of said Agreement, and, pursuant to Section 99 of the Revenue and Taxation Code, the exchange therein set forth is approved; 3. That the exchange of property tax revenues between the City of Dublin and County of Alameda for the Camp Parks and Tassajara Park properties shall be as set forth in paragraph 6 of said Agreement, and, pursuant to Section 99 of the Revenue and Taxation Code, the exchange therein set forth is approved. PASSED, APPROVED AND ADOPTED this 28th day of July, 1986. AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None City ClX,k,, AN AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN REGARDING CAMP PARKS, TASSAJARA PARK AND SANTA RITA PROPERTIES WHEREAS, the City of Dublin (hereinafter "City") has a proposal pending before LAFCO to annex some or all of the properties described hereinafter, which properties are within the unincorporated territory of Alameda County but within the City's Sphere of Influence and, tO.the extent permissible by law, .the City desires to reach agreement with the County of Alameda (hereinafter "County") regarding the development of the properties and formulae for allocation of property tax and other revenues from the properties in advance of the annexation; and WHEREAS, County is agreeable to the contemplated annexation and wishes similarly to arrive at an enforceable long range agreement with City with respect to development of the aforementioned properties and the allocation of property tax and other revenues attributable to the properties; and WHEREAS, properties consist of the following: (a) Ail that property described more particularly in Exhibit "A" hereto, which exhibit is made a part hereof by this reference, hereafter referred to as "the Camp Parks property"; (b) Ail that property described more particularly in Exhibit "B" hereto, which exhibit .is made a part hereof by this reference, hereafter referred to as "Tassajara Park"; and (c) Ail that property described more particularly in Exhibit "C" hereto, which exhibit is made a part hereof .by this reference, hereafter referred to as "the Santa Rita property". NOW, THEREFORE, County and City do agree as follows: 1. Upon annexation by Dublin of the Santa Rita property, County shall have the right to develop such property in accordance with City's land use designation for the property as that designation is set forth in City's general plan and City's Ordinance No. 25-85 amending the Zoning Ordinance of the City of Dublin. Zoning established by City as of the date of this Agreement, and set forth in City's Ordinance No. 25-85, shall become effective upon annexation as allowed by Government Code Section 65859. Dublin Annexation Agreement 7/16/86 Page 1 2. Notwithstanding any rights and powers which it may possess as a California county, County agrees to be bound by the provisions of City Ordinance No. 25-85 in its development of the properties described herein. Accordingly, planned development rezoning and site development review will be processed in accordance with City zoning ordinance and tentative subdivision maps will be processed in accordance with City's subdivision map ordinance. City agrees however that such processing will not be accomplished in a manner which will materially interfere with the development of any of the proPerty described herein for density and intensity as set forth in City's Ordinance No. 25-85, a copy of which is attached hereto as Exhibit "D", and incorporated herein by reference. City acknowledges that County enters this agreement with the understanding and expectation that City does not intend to modify Ordinance No. 25-85 or any land use, planning, zoning, or building regulation in such a manner as to reduce permissible intensity, use and density standards to a level less than that presently in effect with Hacienda Business Park located in the City of Pleasanton. City agrees that such a reduction will constitute failure of a material condition precedent and constitute grounds for County's unilateral rescission of any and/or all executory provisions of this agreement. 3.- City understands that County will seek out private development of all or parts of the property described herein through a ground lease or other, arrangement with a major development company, which company will take the lead role in designing any project and obtaining necessary approvals for the development of any project. Accordingly, City agrees to work cooperatively with any such developer or developers. 4. The parties hereto agree that they will enter into a development agreement of the sort authorized by and described in Government Code Section 65864, et seq., prior to any development of the Santa Rita property. Any such agreement shall include as a party any developer(s) who lease(s) the Santa Rita property or otherwise develops it with County. As used herein, "development" shall mean any "use" as defined in City's zoning ordinance with the exception of those uses defined as (1) temporary uses and for which an administrative conditional use permit has been secured; and (2) nonresidential governmental buildings or uses. The execution of such an agreement as to each portion of County property to be developed Dublin Annexation Agreement 7/16/86 Page 2 is a condition material to this agreement. Failure of the parties to execute such an agreement for each piece of County property shall constitute a failure of condition and excuse performance of any remaining executory provisions of this contract. 5. Pursuant to Revenue and Taxation Code Section 99, et seq., the parties agree that upon annexation property tax, sales tax and other revenues will be divided between City and County as follows: (a) Santa Rita Property: City will transfer to County on a quarterly basis all revenues attributable to the Santa Rita property as such revenues are specified in Column (C) on Exhibit "E", which exhibit is made a part hereof by this reference. Such revenues and the transfers thereof shall not be deemed an appropriation subject to limitation by City for purposes of California Constitution Article XIIIB. (b) County and City will each retain those revenues as specified in Exhibit "E". (c) County will remit to City on a quarterly basis an .amount equal to all of City's costs for providing services to the Santa Rita property for that quarter, said costs to be determined in accordance with the formulae which are attached hereto as Exhibit "F", and made a part hereof by this reference. (d) Auto Franchises: The parties agree that sales taxes attributable to auto franchises located within the City limits of City contribute materially to City's tax base. Notwithstanding paragraph 5(a), County agrees that should any auto franchise, whether currently located within City's existing boundaries, or hereafter located within the City's existing boundaries, relocate to any County owned property described in Exhibit "C" to this agreement within twelve (12) months from the date the franchise ceased operating in the City, all sales tax attributable to the said facility shall be allocated to City as if the facility had remained in the City of Dublin. Should any auto franchise which was first located on the Santa Rita property thereafter relocate its facility within City's boundaries as they currently exist within twelve (12) months from the date the franchise ceased operating in the Santa Rita property, City agrees to remit to County on a quarterly basis all sales taxes attributable to such auto franchise. Dublin Annexation Agreement 7/16/86 Page 3 (e) City and County agree that each entity's appropriation limit shall remain unchanged upon annexation of the properties. (f) Future Services: In the event that City determines that municipal services of any nature are required in the Santa Rita property area and the costs of said services will exceed the revenue attributable to the Santa Rita property, City and County shall, in advance of the implementation of said services, reach agreement concerning the responsibility of City and County for the funding of the portion of the service costs which exceed the Santa Rita area revenues. 6. City and County agree that upon annexation City will receive 25.4% of the property and/or possessory interest taxes attributable to the property described in Exhibits "A" and "B" to this agreement. 7. Allocation of Revenues in the Event of Future Annexations: City and County agree that upon future annexations City will receive 25.4% of the property and/or possessory interest taxes from any property lying to the east of City and within City's present Sphere of Influence and not subject to this agreement. Allocation of revenues for such properties according to the above percentage is a condition material to this agreement. In the event that County alters or modifies the resolution approving the property tax exchange for the properties in the City of Dublin Extended Planning Area east of Camp Parks, Tassajara Park and Santa Rita to change the said 25.4% property tax/possessory interest tax split then: (1) the provisions of paragraph 5(a) of this agreement shall be ineffective and shall be of no force or effect and City shall retain all revenues attributable to the Santa Rita property; (2) County shall pay to City an amount equivalent to 25.4% of the property tax and/or possessory interest tax from the Santa Rita property; and (3) the provisions of paragraph 5(c) shall be ineffective. In the event that City alters or modifies the resolution approving the property tax exchange for the properties in the City of Dublin Extended Planning Area east of Camp Parks, Tassajara Park and Santa Rita to change the said 25.4% property tax/possessory interest tax split then: (1) City will Dublin Annexation Agreement 7/16/86 Page 4 Camp Parks, Tassajara Park and Santa Rita to change the said 25.4% property tax/possessory interest tax split then: (1) City will remit the 25.4% of property tax revenues attributable to the properties described in Exhibits "A" and "B" to County. Dated: COUNTX OF ALAMEDA Approved As To Form: By: Chairman, Board of Supervisors County Counsel Dated: CITY OF DUBLIN Attest: City Clerk Approve As To Form: By: Mayor City Attorney Dublin Annexation Agreement 7/16/86 Page 5 (A) REVENUES .County Collects & Keeps (B) REVENUES County Collects on Behalf. O'f''City'& CoUnty Retains 1. Property taxes and/or possessory interest tax 1. Real property transfer tax (c) REVENUES City Collects & Remits to County (D) REVENUES 'C'it'y 'Retains 1. Sales tax 2. Hotel tax 3. Franchise fees 4. State.sUbventions (except those restricted in use) 5. Federal/State/County grants which are unrestricted as to use and legally may be transferred to the County Fees for services Assessments (all types of assessment districts) Fines and forfeitures Federal/State/County grants which are restricted in use State subventions which are restricted in use EXHIBIT F COST N. LOCATION FOR~I.ILA EX}'I lB IT F Alameda Coun'l'y and Cf'fy of Dubl In ILLUSTRATIVE WORKSHEET FOR CALCULAT COSTS N_LOCAT/~LE TO THE SANTA RITA DEVELOPNENT Number of Net Total Dnlts in AII oca- Budgeted Revenues Servlce Divlded Total Unlts Ma l~falned Unlt Santa Rita table Cost Component Cost Minus Type Amount Equals Cost By Type Number = Cost Tlmes Annexation Equals Cost ~rafflc Signal Veh. Code Maintenance $ - Fines $ = $ Trafflc Signals = $ X = $ Street Light- ln~ Malnt. - _ _ ~ Street Ll~hts = X = Street Main- _~_ tenance - _ _ = Street Miles = X = Street Sweeplnq .... ~ Curb Miles = X = Sub-loTal Street Malnten ance& Street Gas Sweeping $ - Taxes = N/A N/A N/A = N~, N/A ,, N/A ,, = $ STreet Iree Ma lntenance .... ~ Street Trees = X = Street Land- scape Malnt. - _ _ = Miles of Median = X = % Current % Current Ping. Bud. Ping. Bud. Santa Rlta Not Fee Divided Fee Allocation Area Fee Supported By Supported Equals Factor Times Revenue Current Plnq. $ - Fees I$ -~' = X $ $ ~Santa Rlta Calls Divided Total Calls Allocation J For Service BY For Service iEquals Percent Times Budgeted CostJ Equals Police Services ~ = % X $ = $ ~^~ir,~ C-~,~r~ Public Works Total Cost Total Allocated Total Cost Cost of .Alioca- Costs All oca- of all P.W. Costs of P.W. Divided of Allocation Publlc Works table ted to S.R. Services. Services BY Services Equals Factor Times Admlnlstratlon Equals Cost Type Amount Public Works St. Main./ $ .. $ Management St. Sweep. $ $ = % X $ = $ Tree Main. St. Land- , scape Ma lnt. Total ;$ Fl'~ld Maintenance TOtal Cost of Calculation c.~¢.latlon of ~lloca- Costs Allocated to All Field Main- of All o ca- 'Net Englneerlng ~ilocatlon ~able Santa Rlta tenance Servlces tlon Factor Costs Tlmes Factor Equals Cost Engineering Type Amount Field Malnt. Costs Total Engineering Services Street Main- $. Allocated to S.R. Costs tenance $ Divided Minus Street Sweep- By - lnq ,,. ~ree Maln- Total Fleld Fee Revenue tenance -- Malnt. Costs Street Land- scape Mtnce. Equals = Equals = Trafftc Slg- nal Mtnce. Allocation Net Engineering Street Light- Factor % Costs X % = In~ Mtnce. Total $ Net Operating & Capital Budget ~lloca- Total Dlvlded Total Overhead Allocation Total of All Costs ~able Type Amount By Budget Minus Costs Equal Net Cost Equals Factor rimes Allocated To S.R. Equals Cost Other )verhead City Mqr. !$ 3trect Dlrect total ~osts Legal Ser. $ Finance ~ $ - $ = ~ = X $ ~ = $ insurance Total ~ I /////////////////////////////////////////////////////////////////////////////////////////////////////////// I TOTAL INDIRECT OOSTS , $ ////////////////////////////////////~//////////////////////////////////////////////////////////////////////I TOTN_ ALLOCAT,N~LE COSTS $ Algeria County and u117 or uu~ln ILLUSTRATIVE WORKSliEET FOR CALCULA]]ING FIRE SERVICE CDSTS ~tep One: Calculated Allocation Factor Assessed Valuation of Santa Rlta Property Olvlded By Total Assessed Valuation of Response District of Station Providing First Response to Santa Rtca Equals: Calls for Service Generated at Santa Rite Total Calls for Servlce In Response District of Station Providing First Response to Santa Rite Equals J' I PIA(~dus Step Two: Calculate Allocatable Direct Costs j Direct-Costs of Operatlng Station Times Allocation Factor From J Equals Direct Costs · Step One J J j AIIocatable to / ' Santa Rltq CALCULATION OF I~-T~]~o~-~- /// Step Three: Calculate Allocation Factor Fire Prevention Inspectlods at San¢a Rite Divided By Total Fire Prevention Inspections Equa I s Step Four: Calculate AIIocatable Costs Direct Flre Prevention Unit Costs ITImes Plans Checked Related to Santa Rite Construction q!vialed BY Total Plans Checked CAI. alL E TOT~. NI. OCATAFILE FIRE SERVICE. COSTS Direct Costs From Ste~ Two .JPI~s~ Indlrec__/_t Cost~ f r~ S___~_[~_4 FIRE CAPITALCOSTS Funding of Fire Capital Costs related to the provision of fire service to the Santa Rita Property will be as mutually agreed upon by the City and the County. Add D PI its E Total Divided By 2 Equal s Add D PI us E Tot a I DIvided ,By , E. qua I s Al I ocatlon Al locution. (~) Fa ct or Fa cf or Al I ocatlon Factor Frcm Step Three Equal s Indirect Costs Al Iocatabl e to Santa R Ita Total Costs EXHIBIT F INSIlRUCTIONS FOR CO~:~I. ETING COST ALLOCAT ION FORIUlJLA Step 1: Contact City Engineering Department/Public Works Department. Collect current Information on the number of units under maintenance In incorporated Dublin Including the Santa Rlta development area and the Santa Rlta development area alone as follows: Step 2: Step 3: Item Total City I Santa Rlta ... Traffic SlRnals Street Ll~hts Street Miles Curb Miles of Street Street Trees Miles of Landscaped Median Enter the results in the appropriate areas of the "Total Units Maintained" column. Extract budgeted total cost data for each of the Field mainten- ance services from the approved budget and enter them next to the appropriate Field maintenance service In the "Budgeted Cost" column on the form. Check Budget for Trafflc Signal Maintenance. Determine amount of Vehicle Code Fine revenue allocated to Traffic Signal Main- tenance. Enter tn the "Revenue" column and deduct from total budgeted cost for Traffic Signal Maintenance, entering the remainder In the "Net Total Service Cost" column. EX]'t lB IT F (2) Step 4: Step 5: Step 6: Step 7: For each Field maintenance servlce, divlde net total service cost by total units maintained to calculate unit costs. Multiply resulting unit costs by the number of units located within the Santa Rlta development to calculate al locatable cost for each Field maintenance activity. Sub-total Street Maintenance and Street Sweeping costs in the "al Iocatabl e cost" column and transfer the result to the "Budgeted Cost" column opposite "Sub-total Street Maintenance & Street Sweeping". Contact Department of Finance. Determine current per capita. allocation amounts for Section 2106 and 2107 gas tax revenues. Contact Alameda County Sheriff's Department. Collect Average Daily Population for the Santa Rlta Jail Facility for the last 12 months. Multiply result by the allocation amounts for Section 2106 and 2107 revenues and enter the product in the "Revenue" column at the Gas Tax line. Deduct the amount from "Sub-total" Street Maintenance and Street Sweeping costs. Enter remainder in the "Net Total Service Cost" column. Extend result to Al I ocatabl e Cost col umn. ' Review budget/contact Planning Director. Determine portion of Planning Budget allocated to "current planning". Enter result in "Budgeted Cost" column opposite Current Planning. Check budget and identify fee revenue budgeted to be generated by Planning. Enter in the Revenue column. Contact Planning Director: determine' amount of fee revenue generated by Santa Rita located projects. Enter under the Santa Rita Area Fee Revenue column. Then accomplish the following calculations: Divide fee revenue by the' budgeted cost for current planning. Enter the resulting percentage under the "% Current Planning Budget Fee Supported" column. Subtract this percentage from 100. Enter the result under the "% Current Planning Budget Not Fee Supported" column. Divide the two percentages as shown in the form. Multlply the resulting "Allocation Factor" times the amount in the "Santa Rita Area Fee Revenue" column to calculate the portion of Current Planning cost not covered by fee revenue which is all ocatable to Santa Rlta. Contact Police Chief. Determine total numbers'of calls for service (CFS) handled in all of Dublin including Santa Rita and the number generated at Santa Rita alone. Divide the number of CFS generated by total CFS and enter the resulting Step 8: Step 9: Step 10: Step 11: ~iBIT F (3) percent In the "Allocation Percent" column on the Police Services line. Extract the amount budgeted for total police services from the budget, multiply that amount by the "Allocation percent" to calculate pollce service costs all ocatable to Santa Rita. Total the following from the "AI Iocatable Cost" column and enter the resu I t opposl te "TOTAL D I RECT COSTS". Trafflc Signal Maintenance Street Llghttng Maintenance Sub-Total Street Maintenance & Street Sweeping Street Tree Mai ntenance Street Landscape Ma i ntenance Current Planning Poi ice Services Allocate Public Works Management costs al locatable to the Santa Rita development by: (1) Totaling the following publ lc works costs al located to Santa R ita -- Tree Maintenance, Street~ Landscape Maintenance, and the sub-total Street Maintenance &- Street Sweeping costs-- all extracted from the "Allocatable Cost" column at the top of the form; (2) Total lng "Budgeted" costs for the same services; (3) Dividing (1) by (2); and multiplying the resulting percentage times the budgeted cost of Publ lc Works Administration (extracted from the budget). Allocate Engineering costs by a comparable approach involving: (1) Total ing all Field maintenance costs allocated to Santa Rita -- extracted from the "Al I ocatable Cost" column at the top of the form; (2) Total lng total budgeted costs for the same services -- extracted from the "Budgeted Cost" column at the top of the form; (3) Dividing (1) by (2) to calculate the allocatlon percent~ (4) Extracting total budgeted cost and expected revenue data for Engineering Services from the budget and calculating the net cost of Engineering once revenue is deducted~ and (5) Multiplying the result by the allocatlon factor to calculate portion of Engineering Service costs al Iocatable to Santa Rlta. Allocate general Overhead costs by: (I) Extracting and totaling budgeting costs for City Manager, Legal Services, Finance, Insur- ance, and Building Management; (2) Extracting total budgeted operating and capital project expenditures from he Budget, add- ing them together, and entering in the "Total Budget" column on the form; (3) Subtracting overhead costs (City Manager, et. al.) from the amount In the '~otal Budget" column to calculate "Net Cost"; (4) Dividing the total amount of overhead (City Manager, EXHIBIT F (4) et. al.) by the result in (3) to develop the allocation factor~ (5) Total lng all dlrect and other Indirect costs allocated to Santa Rlta and extracted from the appropriate portions of the form (TOTAL DIRECT COSTS, al located Publ lc Works Management, and allocated Engineering Services costs) and multiplying them by the allocation factor calculated In (4) above to determine the portion of Overhead Costs allocatable to Santa Rlta. Step 12: Total direct and indirect costs to calculate total costs all ocatable to Santa Rlta. The chart following this page illustrates how the cost allocation form is used to accomplish each of the steps described above. Step 2: Extract budgeted cost Steo 3: Enter revenue Step ~: Calculate unit costs and muItioly by Santa Rita units. data fr~m thIi bud°et'Step 1: Collect volume data for fleld maintenance services. Step §: Calculate current plannlng cost share allocatabIe to Santa Rite. Step 7: Calculate alloca- table police servlce .COSTS. Step 9: Calculate public works management costs aIlocatable to Santa Rita. Step 10: Calculate engineering service costs alloca- table to Santa R[ta. Step 11: Allocate general overhead costs. Step 5: Calculate gas tax nues--deduct From street maintenance and sweeping costs. Step ~: Total street maintenance and sweeping costs--transfer total to budgeted cost column. Step 8: lAdd allocatable costs from A, B, C, D, E, F, and G--enter total dlrect costs allocatable to Santa Rite here. Step 12: tAdd 11nes I, J, and K to total indirect costs. Add indirect costs to dSrect osts From line H to calculate eta! allocatable costs.