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HomeMy WebLinkAboutMINUTES - 06132000 - SD7 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 13, 2000 SUBJECT: Hearing on the Formation of the Dublin/Contra Costa Area of Benefit and Approval of the Joint Exercise of Powers Agreement with the City of Dublin, South County Area Project Number: 06766P4098; OP# 960001 RESOLUTION NO. 2000/303 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Actions: 1. ACCEPT: a. The Joint Exercise of Powers Agreement (JEPA) pertaining to Dublin/Contra Costa Fees by and between Contra Costa County and City of Dublin; b. The Development Program Report for the Dublin/Contra Costa Area of Benefit; and c. The Ordinance establishing the Dublin/Contra Costa Area of Benefit. Continued on Attachment:X SIGNATURE: RECOMMENDATION OF COUNTY ADMI41ST5ATOR RECOMMENDATION OF BOARD COMMI —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON .-,t&A4e d3. HCl APPROVED AS RECOMMENDED ,>C -R VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an UNANIMOUS (ABSENT err rr action taken and entered on the minutes of the Board AYES: NOES: of Supervisors on the date shown. ABSENT: ABSTAIN: JRB:ie g:\GrpData\TransEng\2000\Bo-Te\BO DCCfeeadopt6132000 ATTESTED: Orig.civ: Public Works(TE) PHIL BATC OR, Clerk of th,6 Board of Supervisors Contact: J.Bueren,(925)313-2342 and County dministrator cc: Community Development Building Inspection County Auditor-Controller Treasure-Tax Collector P.W.Accounting By , Deputy P.W.Environmental t RESOLUTION NO. 2000/303 SUBJECT: Hearing on the Formation of the Dublin/Contra Costa Area of Benefit and Approval of the Joint Exercise of Powers Agreement with the City of Dublin DATE: June 13, 2000 PAGE 2 I. Recommended Actions Continued: 2. OPEN the public hearing on an ordinance establishing the Dublin/Contra Costa Area of Benefit. 3. CLOSE the public hearing and consider the following actions: a. ADOPT and APPROVE the Development Program Report pertaining to the Dublin/Contra Costa Area of Benefit; b. Enact attached Ordinance No. 2000-24 which adopts the Dublin/Contra Costa Area of Benefit, waive reading and set dateforadoption on June 13, 2000. c. APROVE and AUTHORIZE execution of the Joint Exercise of Powers Agreement pertaining to Dublin/Contra Costa Fees by and between Contra Costa County and City of Dublin establishing terms and conditions for remitting fee revenue to Dublin for development and construction of the transportation facilities described in the Joint Exercise of Powers Agreement. d. INCORPORATE in this resolution by reference the boundaries, costs and method of fee apportionment set forth in the attached Development Program Report and attached ordinance; e. DETERMINE that a majority protest does not exist; f. DIRECT the Public Works director and Auditor Controller to establish a trust fund for the Dublin/Contra Costa Area of Benefit and that the Treasurer shall invest said fee revenue with interest to accrue in the trust fund; g. DIRECT the Treasurer to establish a mechanism to transfer fee revenue from the trust fund to the City of Dublin. RESOLUTION NO. 2000/303 VO 1;2 SUBJECT: Hearing on the Formation of the Dublin/Contra Costa Area of Benefit and Approval of the Joint Exercise of Powers Agreement with the City of Dublin DATE: June 13, 2000 PAGE: 3 11. Financial Impact: No impact to the County's General Fund. The formation of the Dublin/Contra Costa Area of Benefit will generate funds to be used for transportation projects in Dublin to mitigate the impacts of Dougherty Valley development. III. Reasons for Recommendations and Background: Two major general plan amendments, Dougherty Valley in southern Contra Costa County and Eastern Dublin in the City of Dublin, have been approved and are currently developing. The impact of the new homes and businesses on the roads in both jurisdictions are significant. The proposed development in Dougherty Valley will have a greater impact on Dublin roads than East Dublin's impact on Contra Costa County. The Dublin/Contra Costa JEPA gives the City and the County a vehicle for mitigating the difference in the impacts between the two major developments. A fee will be collected from development in Dougherty Valley to pay for road improvements on impacted roads in the City of Dublin. The Dublin/Contra Costa Fee is offset by the cost of mitigating East Dublin's impacts on roads in Contra Costa County. Staff from both the City of Dublin and Contra Costa County agreed to the project list based on the Tri-Valley Transportation Model, which projects the impacts of the major developments on the various roads within the transportation network. The project cost estimates are based on typical unit costs for construction of roadways and include a contingency. The JEPA includes a provision to escalate the fee amount yearly to keep pace with the construction cost increases. IV. Consequences of Negative Action: Failure to adopt the Dublin/Contra Costa Area of Benefit and execute the Joint Exercise of Powers Agreement with the City of Dublin will result in a lack of funding to mitigate the impacts of the Dougherty Valley developments on the street network in Dublin. RESOLUTION NO. 2000/303 ORDINANCE NO. 2000-24 (Dublin/Contra Costa Fee Area) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the formation of the Dublin/Contra Costa Fee Area and the adoption of fees to be collected from developments proposed within the fee area in unincorporated Contra Costa County, to fund road improvements. SECTION 11. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. SECTION 111. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65091, 66017(a), and 66484, and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all required notices have been properly given and public hearings held. SECTION IV. FEE ADOPTION. The following fees to fund road improvements are adopted for the Dublin/Contra Costa Fee Area as established by Resolution 2000/3 , dated June 13, 2000, and shall apply to all development as shown in the table below. Fees shall be collected when building permits are issued in accordance with 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. Shapell Area: $ 1,498 per dwelling unit (single and multi-family residential) Windemere Area: $ 1,237 per dwelling unit (single and multi-family residential) Fees shall be collected when building permits are issued in accordance with Section 913- 4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. SECTION V. FEE AREA. The fees described in this ordinance shall apply to all property described in Exhibit A attached hereto. SECTION VI. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or to modify the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant to Government Code Section 65915, to adjust or to waive the fees provided for in this ordinance. SECTION VIII. PURPOSE AND USE OF FEES. The purpose of the fees described in this ordinance is to generate funds to finance improvements to transportation projects in Dublin which are designed to help mitigate the impacts of forecast development within the Dougherty Valley area. The fees will be used to finance the road improvements listed in the Development Program Report dated June 13, 2000. - 1 - ORDINANCE NO. 2000- 24 1-7 SECTION VII. SEVERABILITY. If any fee or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION VIII. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing. SECTION IX. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage, and within 15 days"of passage, shall be published once with the names of the Supervisors voting for and against it in the San Ramon Valley Times, a newspaper of general circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ordinance with the County Recorder. PASSED and ADOPTED on June 13, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, UESAULNIER, CANCAIMILLA and GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By ��cz-e-� Deputyo d Chair ib g:\GrpOata\TransEng\jb\Dubiin RegOrdinance.doc - 2 - ORDINANCE NO. 2000- 24 EXHIBIT "A" Boundary Description Dublin/Contra Costa Fee Area - Shapell Real property in Southern Contra Costa County, California, described as follows: References to maps, boundary lines and ownerships are to records of said County. Beginning at the northwest corner of Parcel B of Subdivision MS 331-77 filed October 6, 1978, in Book 70 of Parcel Maps at page 46; thence, along the west line of said Subdivision MS 331-77, southerly 531.68 feet, more or less, to the northwest corner of Parcel A of Subdivision MS 142-78 filed August 14, 1979, in Book 80 of Parcel Maps at page 8; thence, along the west line of Subdivision MS 142-78, southerly 523 feet, more or less, to the northwest corner of Parcel A of Subdivision NIS 32-89 filed August 24, 1990, in Book 148 of Parcel Maps at page 20; thence along the west line of Subdivision MS 32-89 southerly 213.00 feet, more or less, to the northwest corner of Parcel A of Subdivision MS 317-77 filed January 12, 1979, in Book 73 of Parcel Maps at page 30; thence along the west line of said Parcel A (73 PM 30), southerly 397.00 feet, more or less, to the northwest corner of Parcel B of Subdivision MS 57-78 filed October 5, 1978, in Book 70 of Parcel Maps at page 44; thence, along the west line of said Parcel B (70 PM 44), southerly 370.00 feet, more or less, to the northwest corner of Parcel A of Subdivision MS 144.90 filed August 23, 1995, in Book 167 of Parcel Maps at page 15; thence, along the west line of Subdivision MS 144- 90, southerly 612.36 feet to the southwest corner thereof, said point lying on the south line of Section 6, Township 2 South, Lange 1 East, Mount Diablo Meridian; thence, along said south line of Section 6, easterly 660.98 feet, more or less, to the northwest corner of the 2,319.730 acre parcel of land shown on the Record of Survey filed February 25, 1981, in Book 68 of Licensed Surveyors Maps at page 20; thence along the west boundary of said 2,319.730 acre parcel (68 LSM 20), in a general southerly direction 15,193.80 feet, more or less, to a point on the northern line of the parcel of land described in the Final Judgement to the United States of America, Case No. 22352, recorded August 2, 1947, in Book 1104 of Official Records at page 377; thence, along said northern line (1104 O.R. 377), in a westerly direction, 3,175 feet, more or less, to the centerline of Dougherty Road; thence along said centerline, in a general southerly direction 742 feet, more or less, to the intersection with the easterly prolongation of the north line of Subdivision 7413 filed October 30, 1992, in Book 364 of Maps at page 14; thence, along said easterly prolongation and north line of Subdivision 7413 (364 M 14), north 77004'00"west 722.50 feet to the northwest corner thereof, said point being the northeast corner of Subdivision 7038 filed December 27, 1990, in Book 354 of Maps at page 28; thence along the northerly boundary of said Subdivision 7038, north 77104'57" west 514.20 feet, more or less, to the southeast comer of the parcel of land described in the deed to East Bay Municipal Utility District recorded May 19, 1978, in Book 8845 of Official Records at page 149; thence along the exterior of said East Bay Municipal Utility District Parcel (8845 O.R. 149) the following courses: 1) north 43109'35" west 1,180.00 feet, 2) north 54013'44" west 490.00 feet, 3) south 47133'50" west 380.00 feet and 4) south 10°13'51" east 582.74 feet to the southwest comer thereof, said point lying on the northerly boundary of said Subdivision 7038 (354 M 28); thence along said northerly boundary north 77004'57" west 370.00 feet, more or less, to the most northern corner thereof, and point being the most northern corner of Parcel B of Subdivision MS No. 184-67 filed December 7, 1967, in Book 2 of Parcel Maps at page 16; thence along the northwesterly line of said Parcel B (2 PM 16) south 64032'00"west 297.00 feet to a point s on the south line of the parcel of land described in the deed to Pacific Gas and Electric Company recorded August 15, 1958, in Book 3211 of Official Records at page 565; thence leaving said line, north 26026'25"west 1,118.69 feet, more or less, to the southeast corner of Parcel A of Subdivision 5599 filed October 16, 1980, in Book 246 of Maps at page 27; thence, along the east line of said Parcel A (246 M 27), in a general northwesterly direction, 2,245.83 feet, more or less, to the southeast corner of Parcel A of Subdivision 5902 filed June 5, 1985, in Book 291 of Maps at page 1; thence, along the east line of said Parcel A (290 M 1), in a general northwesterly direction, 2,255.86 feet, more or less, to the southeast corner of Parcel F of Subdivision 6547 filed June 27, 1985, in Book 290 of Maps at page 1; thence, along the east line of said Subdivision 6547 (291 M 1), in a general northwesterly direction, 1,836.01 feet, more or less, to the southeast corner of Parcel C of Subdivision 6546 filed July 25, 1985 in Book 292 of Maps at page 1; thence, along the east line of said Parcel C (292 M 1), in a general northwesterly direction, 2,668.99 feet, more or less, to the southeast corner of Parcel J of Subdivision 6595 filed March 14, 1986, in Book 299 of Maps at page 47; thence along the east line of said Subdivision 6595 (299 M 47), in a general northwesterly direction, 3,650.65 feet, more or less, to the southwest corner of Parcel JJ of Subdivision 6550 filed November 6, 1986, in Book 308 of Maps at page 30; thence, along the exterior boundary of said Subdivision 6550 (308 M 30) the following courses: 1) north 72008'23° east 1,042.80 feet, 2) south 87°2636" east 284.71 feet to the southwest corner of Parcel B of Subdivision 6549 filed April 28, 1986, in Book 301 of Maps at page 48; thence, along the exterior boundary of said Subdivision 6549 (301 M 48), south 88"42'18" east 2,630.10 feet to the southwest corner of Section 1, Township 2 South, Range 1 West, Mount Diablo Meridian; thence along the west line of said Section 1 (T2S, R1 W) northerly 660.34 feet, more or less, to the southwest comer of Parcel J of Subdivision 7010 filed September 6, 1989, in Book 336 of Maps at page 46; thence, along the south boundary of said Subdivision 7010 (336 M 46) in a general easterly direction, 7,850.36 feet, more or less, to the southeast corner thereof; thence, along the east boundary of said Subdivision 7010, in a general northerly direction, 2,048.20 feet to the northeast corner thereof, said point lying on the south line of Parcel C of Subdivision 6736 filed February 21, 1989, in Book 330 of Maps at page 42; thence, along the south line of said Parcel C in a general easterly direction, 787.16 feet, more or less, to the southwest comer of Subdivision 6017 filed February 22, 1983, in Book 268 of Maps at page 14; thence, along the south line of said Subdivision 6017 in a general easterly direction, 1,293.68 feet, more or less, to the northwest comer of said Parcel B of Subdivision MS 331-77 (70 PM 46), the Point of Beginning Boundary Description Dublin/Contra Costa Fee Area -Windemere Real property in Southern Contra Costa County, California, being a portion of Lots 4, 6, 17, 24, 25, 26, 27, 29, 30, 37 and all of Lots 18, 19, 20, 21, 22, 23, 28 and 38 as shown on the map entitled "Map of the Property of the Estate of Elizabeth A. Dougherty," filed in Book C of Maps at page 63, records of said County, described as follows: All of the 2,319.730 acre parcel of land shown on the Record of Survey filed February 25, 1981, in Book 68 of Licensed Surveyors' Maps at page 20, records of said County. JOINT EXERCISE OF POWERS AGREEMENT PERTAINING TO DUBLIN-CONTRA COSTA FEES BY AND BETWEEN CONTRA COSTA COUNTY AND CITY OF DUBLIN This JOINT EXERCISE OF POWERS AGREEMENT(the"Agreement")is entered into this day of June, 2000(the"Effective Date")between the 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 laws of the State of California.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. Southern Contra Costa Development Area. There exists in Contra Costa County a geographical area known as Southern Contra Costa County. The approximate boundaries of such area are shown in Exhibit A attached hereto and incorporated herein. B. Dougherty Valley Development. There is an approved development plan in Southern Contra Costa County known as Dougherty Valley that includes the Shapell development and'the Windemere development. These two developments combined are approved for 11,000 residential units. The project approvals include between 300,000 and 600,000 square feet of commercial space spread throughout the Dougherty Valley Development. The locations of these two developments are shown on the map attached as Exhibit B.The Shapell and Windemere developments are referred to collectively as the"Dougherty Valley Developments." C. Eastern Dublin Development. There is an approved specific plan for Eastern Dublin, known as the Eastern Dublin Specific Plan. The Eastern Dublin Specific Plan (and associated general plan amendment) provides for approximately 13,306 residential units, 9.737 million square feet of commercial, industrial, and office development. The location of the Eastern Dublin Specific Pian/General Plan area is shown on the map attached as Exhibit C. The Eastern Dublin Specific Plan developments are referred to as the"Eastern Dublin Developments." DCC Fee Agreement . -1- May 1,2000 D. Other Developments. In addition,there exist other properties within the unincorporated portions of Southern Contra Costa County anticipated to be developed during the duration of this agreement. The exact location and/or extent of these developments is not fully known at this time. These other developments shall be referred to as"Other Developments." E. Impact of Development. The Dougherty Valley Developments are approved for phased development of 11,000 units to be completed by approximately 2010. The Dougherty Valley Developments are initially expected to create 8,500 new residential units. The Eastern Dublin developments are approved for development of 13,306 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 quality of life for the existing residents of the surrounding City and Contra Costa County territories unless those impacts are mitigated by off-site street improvements. E. Traffic Impact Mitigation and improvements. An Environmental Impact Report, including a traffic study, has been prepared and certified by Contra Costa County for the Dougherty Valley Developments. A project list of public improvements necessary to mitigate the Dougherty Valley Developments was included in the EIR. An Environmental Impact Report has been certified by the City for the Eastern Dublin Developments,which, together with the Eastern Dublin Specific Plan calls for public improvements to mitigate the traffic impacts of the Eastern Dublin Developments. F. Pumose of Agreement. 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-Valley Transportation Council. The Tri-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 Tri-Valley area. The plan was based on a traffic model, known as the TVTC traffic model, which was constructed by Barton-Aschman Associates, Inc. The impact mitigations that are UCC Fee Agreement -2- May 1,2000 to be funded by the fee to be adopted pursuant to this Agreement will be based on the TVTC model. H. Collection and Use of Improvement Fees. The Parties intend and agree that Dougherty Valley Developments, and Eastern Dublin Developments, and shall fund their identified fair share of the improvements listed in Exhibit D attached hereto and incorporated herein. Impacts of developments in each jurisdiction on the other party's infrastructure 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 included in Exhibit D which are required to mitigate traffic impacts of the Dougherty Valley 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 those of the Eastern Dublin Developments on roads in Southern Contra Costa County. Fees shall therefore be collected 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 effective date of the DCC Fee from Dougherty.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 implement the collection and use of the DCC Fees to construct the Improvements. NOW, THEREFORE, the parties agree: Section 1. Parties. The parties to this Agreement are the City and the County. Section 2. Recitals. The forgoing Recitals are true and correct and are made a part hereof. DCC Fee Agreement -3- May 1,2000 'l r Section 3. Definitions. a. "Areawide Improvements" refers to those public improvements required to mitigate traffic impacts of the Dougherty Valley Developments, and Eastern Dublin Developments, and consists of those projects identified in Exhibit D. b. "Dougherty Valley Developments" refers collectively to the two developments located within the Contra Costa County portion of Dougherty Valley, one developed by Shapell Industries of Northern California for the property described in Exhibit A to the Development Agreement Between County of Contra Costa and Shappell Industries, Inc. Relating to the Development Commonly known as County Club and Gale Ranch dated January 11, 1995, and in Exhibit A to the Development Agreement Between County of Contra Costa and Shapell Industries, Inc. Relating to the Development Commonly known as the Gale Ranch, dated April 8, 1996("5hapell Development"), and the other by the Windemere Ranch Partners for the property described in Exhibit A to the Development Agreement By and Between the County of Contra Costa and Windemere Ranch Partners,dated January 18, 1996("Windemere Development").The Dougherty Valley Developments are initially expected to create 8,509 new residential units,with an expected 11,000 units ultimately. All references to the"Dougherty Valley Developments" include all 11,400 units. c. "Dublin-Contra Costa Fees"or"DCC Fees" refers to fees(or portions thereof) imposed by the City and the County in a uniform manner on all Eastern Dublin Developments and Dougherty Valley Developments, respectively, to mitigate traffic impacts from such developments on infrastructure 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 jurisdiction. d. "Improvements" refers to 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 subdivision map approval, land use permit, development plan approval, grading permit, building permit, 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 DCC Fee Agreement -4- May 1,2000 JOY authorize the collection of the DCC Fee within its jurisdiction; and b. to impose a condition of approval upon each development which states substantially the following: "The project developer shall be required to pay the Dublin-Contra Costa Fees to the County for account of the City of Dublin prior to issuance of building permits for the project." Section 5. Transfer of"Collected DCC Fees". The Collected DCC Fees, together with investment earnings thereon, will be transferred by the County to the City within 30 days following the Effective Date of this Agreement, together with an accounting of such revenues sufficient to enable the City to comply with the Mitigation Fee Act, Government Code sections 66000 et. Seq ("AB 1600"). Section 6. DCC Fee Account: The County shall place the fees collected under Section 4 in an interest-bearing account to be used specifically for distribution to the City for construction of the Improvements. The deposits in each account shall 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 accounting is maintained and the DCC Fees account is credited with the investment earnings. Section 7. Accounting. Semiannually, on April 1 and October 1 of each year, the County shall remit to the City the DCC Fees collected and investment earnings in the DCC Fee trust account. The County shall include a detailed accounting with each remittance. The information shall be shared in a form and manner to be agreed to subsequently by the Parties. The City shall prepare all documents necessary to comply with AB 1600. DCC Fee Agreement -5- May 1,2000 Section 8. Regional 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 Pa went. The DCC Fee to be imposed on the Dougherty 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 collect a fee. Section 10. Dublin-Contra Costa Fee Adiustr ments. The amount of the DCC Fee shall be adjusted by the County, as set forth below. On March 1 of each year that this Agreement is in effect,the County shall adjust the DCC Fee in the same manner 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 Trak Impact Fee. In addition, on March 1 of each year that this Agreement is in effect, the County shall increase the amount 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. Construction of the Improvements. 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 listed 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 complete the projects listed in Exhibit D as needed (with development impact fee revenues)to satisfy the growth management requirements of County and congestion management program requirements of County and Dublin. A copy of the current project priority list, such as a Capital Improvement Plan (CIP), shall be transmitted by both parties to the other at the time of the October 1 disbursement of funds(pursuant to Section 7) in order to satisfy these requirements. C. Upon acceptance of an Improvement,the ownership and responsibility for maintenance of the Improvement 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 maintenance of DCC Fee Agreement -6- May 1,2004 any facility. Section 12. Tier 1 and Tier 2 Improvements The Improvements listed on Exhibit E shall be divided into two tiers. Tier 1 consists of the following projects which shall be the City's first priority to construct: Dougherty Road (Segments 1, 2, 3, and 4); Tassajara Road (Segments 22, 22A, 23, 24, and 25); Scarlet Drive (Segment 21); and Fallon Road (Segments 26, 26A, 27 and 28). Once all Tier 1 projects are constructed, the City will use any remaining DCC Fees to construct Tier 2 projects. Section 13. Construction of Improvements by Developers The City agrees that the County may require or allow a developer to construct all or a portion of the following projects included in Exhibit E unless already constructed: (a) Dougherty Road Segment 1, and (b) Dougherty Road Segment 2. If a developer constructs such segments, the County will give the developer credit against payment of the DCC Fee if the improvements are constructed in the ultimate location and in accordance with City's requirements, as described below. The amount of any credit shall be determined 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 Dougherty Road project being constructed, or portion thereof. The amount of the credit, once established, shall not be increased for inflation nor shall interest accrue on the amount of the credit. If the amount of the credit is less than the amount of the DCC Fee for the development, the developer shall pay the difference. if the amount of the credit is greater than the amount of the DCC Fee for the development,the credit may be"banked" by developer for ten (10)years and may be applied against future DCC Fees imposed on development proposed by the same developer. At the end of ten (10)years, if the 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 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 be required to submit plans and specifications to City's Public Works Director for review and approval and shall enter into an improvement agreement with City for construction and dedication of the roadway improvements. 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 permit for the proposed improvements. DCC Fee Agreement -7- May 1,2000 Prior to execution of the Improvement Agreement described in the preceding paragraph, the developer shall provide a cash monument bond, a performance bond and labor and materials bond or other adequate security 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 construct 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 written by a surety licensed to conduct business in the State of California and approved by City's City Manager. With the prior written consent of City, Contra Costa County may require a developer to construct all or a portion of any of the other projects included in Exhibit E. All aspects of construction and credits for such project will be governed by the provisions of this Section 13,with the exception of the amount of the 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 Short-Term Traffic Study prepared in connection with any Land Use Entitlement for new development in the area described in Exhibit A 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) Scarlett Drive, and (4) Fallon Road. If the amount of the funds needed by City to construct the needed project(s) is in excess of the amount of the DCC Fee for such new development, the County shall impose 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 Short-Term Traffic Studies in connection 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 development 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: (1)Tassajara Road, (2) Dougherty Road, (3) Scarlett Drive, and (4) Fallon DCC Fee Agreement -8- May 1,2000 Road. Section 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 jurisdiction, the County shall require, as a part 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 Interchange. The following 1-580 freeway interchanges,which are regional facilities, are included in this fee program: • Hacienda • Santa Rita/Tassajara EI Charro/Fallon • Airway Boulevard Section 17. Independent Planning Action. Nothing in this Agreement shall have any bearing on the determination of how many dwelling units or how much non-residential 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 freeway interchanges)whatsoever Section 18. Amendments. This Agreement may be amended at any time by an amendment mutually executed by the City and the County. Such amendments shall be approved by their legislative bodies. Section 19. Indemnification and Hold Harmless. The City shall defend, indemnify, save and hold harmless the County and its officers, 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, including liability for inverse condemnation, nuisance, or trespass, arising directly or indirectly from, or in any way connected with, the design, construction, installation, inspection, operation, maintenance, or repair of those road improvement projects included in Exhibit E and located within the City's jurisdiction. DCC Fee Agreement -9- May 1,2000 Nothing in this section is intended to affect the legal liability of any party to third parties by imposing any standard of care 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 any insurance provided by the consultant or contractor; (2)to provide to all Parties to this Agreement a certificate or certificates of insurance evidencing such coverage and to provided at least 30 days'written 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, agents, and employees from any loss, damage, injury, death, claim, or demand connected in any way with the work or services performed by the consultant or contractor, the consultant's or contractor's subcontractors, or anyone under the consultant's or contractor's direction or control. If more than one consultant or contractor is employed, the term "consultant"or"contractor" shall refer to all consultants and contractors employed by the Parties to this Agreement. Section 21. Term of Agreement. With 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 b. the last phase of the Dougherty Valley Developments has been built out. Provided, however, this Agreement shall terminate when the City has received a total of$13,473,460 in DCC Fees plus increase or decrease due to adjustments made pursuant to Section 10, if such receipt occurs sooner than (a) and (b) above. Section 22. Sole Agreement. 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 be exercised subject to the restrictions upon the exercising of such powers by the County, as provided in Section 6509 of the Government Code. DCC Fee Agreement -10- May 1,2000 Section 24. Breach. The sole remedy for breach of this Agreement, except for 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. Accountability As required by Section 6505 of the Government Code, the Parties shall provide strict accountability of all funds received and disbursed under this Agreement. Section 26. Signatures. This Agreement may be signed in counterparts and the signature pages attached to form a complete document. Section 27. Exhibits. The following exhibits are included in this Agreement: Exhibit A- Map of Southern Contra Costa County Area Exhibit B- Map of Dougherty Valley Developments (Shappell &Windemere Developments) Exhibit C- Map of Eastern Dublin Specific Plan/General Plan Area Exhibit D- Improvements Needed for Dougherty Valley Developments and Eastern Dublin Exhibit E- Improvements to be constructed by City of Dublin with Fee Revenues Exhibit F- Revenues to be Raised and Fee Amounts APPROVED BY: COUNTY OF CONTRA COSTA DCC Fee Agreement -11- May 1,2000 By' Attest: n lerk of the Board of Supervisors Approved as to Form County Courttel CITY OF LIN By: Mayor Attest: City Cie /k 0 — Approved as to farm: City Attorney JAwpMmnr9w11141001120001agresl=o-epa,-509.doo LCC Fee Agreement -12- May 1,2000 1� EXHIBIT . .. .. B MAP 0 DOUGHERTY ALLEY DEVW " _ SHAPELL WINDEMERE LEGEND WINDEMERE 1 SHAPELL BOUNDARYS DUBLIN 1 C.C.COUNTY BOUNDARY CA CITY OF SAN RAMON Of CITY OF DANVIL.LE C COUNTY BOUNDARYS \trans_eng\byip\doughtery.dgn May.31,2000 10:29:34 z o �tii '41' 1iFt ��isgt, a>£f�'9 N Y �YWu k�i� k lit Pf, �9 -. � � ; � d m 6• � r� { r � t M c� ter' 6 m l { { s MUHCU. C1[;1': Cq r i to W Z Seem) 0 - z co Ortdl`/M1 (n .2 e`i `� '� a1Di t4 14C> sE lir IIE IN n 1�, fb 4) V EXHIBIT D DUBLINICONTRA COSTA AREA OF BENEFIT FEE SUMMARY TIF PROJECT COST COUNTY SHARE DUBLIN 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 $1,064,198 0.09 $3,080 Dougherty Road 3 $ 131,213 28.02 $36,766 0.97 $1,273 Dougherty Road 4 $ 1,928,809 14.47 $279,099 3.50 $67,508 Dublin Blvd. 5 $ 4,888,232 0.34 $16,613 4.84 $236,494 Dublin Blvd. 6 $ 1,833,052 0.48 $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 2.401 $88,666 33.75 $985,611 Dublin Blvd Ext 8A $ 4,778,199 2.31 $110,330 35.37 $1,689,342 Dublin Blvd Ext 9 $ 10,421,360 1.46 $152,152 52.26 $5,446,203 Dublin Blvd Ext 10 $ 14,139,385 0.31 $43,832 28.14 $3,978,823 Dublin Blvd Ext 11 $ 20,361,405 5.23 $1,064,901 22.24 $4,528,376 Airway Blvd Interchange 12 $ 2,080,000 0.68 $14,144 12.28 $255,008 Hacienda 13 $ 1,358,792 1.30 $17,884 30.25 $411,035 Hacienda 14 $ 3,150,317 0.21 $6,616 6.81 $214,537 Hacienda Interchange 15 $ 4,502,298 1.30 $58,530 30.25 $1,361,945 Arnold Road 16 $ 4,264,616 1.00 $42,646 50.00 $2,132,308 Central Parkway 16A $ 1,323,898 1.00 $13,239 50.00 $661,949 Central7.-7k-way 17 $ 6,681,062 1.20 $80,173 21.25 $1,419,726 Central Parkwa 18 $ 4,335,073 0.18 $7,803 46.04 $1,995,868 Central Parkway 18A $ 3,909,472 0.17 $6,646 98.92 $3,867,250 Gleason 19 $ 588,755 7.25 $42,685 42.04 $247,513 Gleason 19A $ 4,549,372 7.25 $329,829 4204 $1,912,556 Gleason 20 $ 6,893,436 0.50 $33,467 99.39 $6,652,606 Scarlet Drive 21 $ 8,321,777 11.65 $969,487 16.29 $1,355,617 Tassa ara Road 22 $ 9,222,004 39.90 $3,879,580 26.19 $2,415,243 Tassa ara Road 22A $ 6,218,085 23.99 $1,481,714 82.79 $3,904,323 Tassa ara Road 23 $ 5,083,778 9.28 $471,775 57.05 $2,900,295 Tassa ara Road 24 $ 257,400 2.96 $7,619 34.28 $88,237 Tassa`ara Rd Interchange 25 $ 13,017,658 2.96 $385,323 34.28 $4,462,453 Fallon Road 26 $ 6,992,297 34.36 $2,402,553 24.59 _ $1,719,406 Fallon Road 26A $ 5,275,974 24.52 $1,293,669 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 $79.4,818 13.131 $1,827,663 Creek Trail 1 29 Is 1,063,335 0.00 $0 0.00 $b Totals 187,981,118 $16,115,266 81 1159 1 COUNTY ROADWAYS Total Im roy't COUNTY SHAKE DUBLIN SHARE DESCRIPTION TIF SEGMENT w/SI nel Omd' % 3 % $ BHd •Cost La Dougherty Rd Se . A $2,337,720 29.09 $880,043 1.30 $30,390 Dougherty Rd Seg. B $6,083,220 32.14 $1,955,147 1.68 $102,198 Douqherty Rd Seq. C $1,808,400 41.17 $744,518 2.32 $41,955 Bollinger Rd Seg. D $2,353,560 16.00 $376,570 1.15 $27,088 Bollinger Rd Seg. E $5,164,500 48.93 $2,526,990 4.05 $209,162 Bollinger Rd Seg. F $4,686,000 70.68 $3,311,128 6.77 $317,242 Bollinger Rd Seg. G $2,409,000 79.731 $1,920,696 9.94 $239,455 Bollinger Rd se H $2,355,540 41.551 $978,727 1.86 $43,813 East Branch Seg. I $5,392,200 92.33 $4,978,618 1.05 $56,618 Windermere se . J. $3,895,320 62.99 $2,453,662 20.61 $802,825 Windermere Seg. K $2,205,720 61.39 $1,354,092 23.85 $526,064 Camino Tassa ara Seg. L $1,136,440 43.42 $493,442 21.56 $245,018 Totals $39,827,620 $21,773,632 $2,641,806 Net Difference in impacts between Dublin and Contra Costa County: $13,473,460 Shapall Share(53%of Net Difference): $7,140,934 Windemere Share(47%of Net Difference): $8,332,526 RESULTANT WINDEMERE FEE(PER DWELLING UNIT) $1,225 ADJUSTED SHAPELL.FEE(CONSIDERING PREVIOUS GALE RANCH PAYMENT)* $1,483 WINDEMERE FEE WITH I%ADMIN FEE ADDED $1,237 SHAPELL FEE WITH I%ADMIN FEE ADDED $1,498 *NOTE:Because Shapeii paid only$245/unit for Gale Ranch(1,216 units),the remaining Shapell units will be charged the higher fee to make up the difference. g:itransenglml\dublln1DocumentsWINAL Fee CalculatlonAs EXHIBIT E Improvements to Be Constructed by City of Dublin with Fee Revenues 1. Dougherty Road (Segments 1, 2, 3 and 4)` 2. Dublin Boulevard (Segment 6)°" 3. Dublin Boulevard Extension (Segments 7, 8, 8A, 9, 10 and 11)- 4. Airway Boulevard (Segment 12)" 5. Hacienda Drive(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 Drive (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 projects(see Section 12) JW f. - EXHIBIT F Revenues to be Raised and Fee Amounts Total Revenues to be collected from Valley Developments $13,473,460* Land Use Fee* Windemere Development $1,225 per Dwelling Unit Shappell Development $1,483** per Dwelling Unit *Fees will be adjusted pursuant to Section 10. **The fee for the 1,216 units subject to the County Club at Gale Ranch Development Agreement will be$245 per unit. ADOPTED BY BOARD OF SUPERVISORS ON June 13. 2000 DEVELOPMENT PROGRAM REPORT FOR THE DUBLIN/CONTRA COSTA AREA OF BENEFIT PROVIDING FUNDING FOR CONSTRUCTION OF MAJOR THOROUGHFARE IMPROVEMENTS IN DUBLIN TO MITIGATE IMPACTS OF DOUGHERTY VALLEY DEVELOPMENT PREPARED PURSUANT TO SECTION 913 COUNTY ORDINANCE CODE AND SECTION 66484 OF THE STATE SUBDIVISION MAP ACT CONTRA COSTA COUNTY PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS June 13, 2000 1 goo DEVELOPMENT PROGRAM REPORT FOR THE DUBLIN/CONTRA COSTA AREA OF BENEFIT PURSUANT TO THE BRIDGE CROSSING AND MAJOR THOROUGHFARES FEE AREA POLICY INTRODUCTION AND PURPOSE The Dublin/Contra Costa Area of Benefit is a program established to mitigate the impacts of development in the Dougherty Valley area by improving the capacity and safety of the arterial road network in Dublin. This ,ordinance applies only to new development within the unincorporated area of Dougherty Valley. This Development Program Report is required by the Board of Supervisors Policy on Bridge Crossings and Major Thoroughfare Fees (adopted July 17, 1979), which implements Division 913 of the County Ordinance Code and Section 66484 of the State Subdivision Map Act. One of the objectives of the County General Flan is to relate new development directly to the provision of community facilities necessary to serve that development. Accordingly, this program provides a mechanism to fund, through the collection of development fees, the construction of the necessary road improvements in Dublin to serve development in Dougherty Valley. Other fees are currently in place to mitigate impacts of Dougherty Valley development on unincorporated Contra Costa County, the Cities of Pleasanton and San Ramon, the Town of Danville, and the regional freeways. Requiring that all new development pay a road improvement fee will help ensure that development pays its proportionate "fair share" of the cost of improving the road system. Each new development or expansion of an existing development generates new traffic. Where the existing road system is inadequate to meet future needs based on new development, improvements are required to meet the new demand. The purpose of this development program is to determine improvements that will ultimately be needed to serve estimated future development and to require the developers to pay a fee to fund these improvements. Because the fee is based on the relative impact on the road system and the costs of the necessary improvements to mitigate this impact, the fee amount is roughly proportional to the development impact. This report discusses the basis of that fee amount. BACKGROUND When the Dougherty Valley developments were approved, the Board of Supervisors recognized that the existing transportation system in Dublin was inadequate to handle the additional traffic generated from the projected development, both from within Dublin and from Dougherty Valley. It was determined that the Dublin/Contra Costa Fee should be established to mitigate the traffic impacts of Dougherty Valley on the street network in Dublin. 2 AREA OF BENEFIT - LOCATION Figure 1 shows the general location of the Area of Benefit within Contra Costa County. AREA OF BENEFIT BOUNDARY The Area of Benefit boundary is shown in Figure 2 and described in Exhibit A. COMPLIANCE WITH SECTION 66001 (a)-OF THE GOVERNMENT CODE I PURPOSE OF THE FEE The purpose of this area of benefit is to generate monies through the adoption of a traffic mitigation fee to ensure a roadway network consistent with current and future transportation needs. By adoption of this fee, the proposed road improvement program will be able to keep pace with new growth. 2) USE OF THE FEES The fees will be used to generate monies to pay for the road improvements described in Exhibit B. This Area of Benefit will only finance the minimum interim roadways needed to meet traffic level of service and safety demands. Amenities that do not have a direct effect on capacity, such as general lighting, extensive longitudinal storm drain systems, and sidewalks, are not included. These improvements are considered to be frontage improvements by the Board of Supervisors, and, as such are the responsibilities of the owners of the adjacent properties. As these properties develop, the frontage improvements may be provided by the developer through conditions of approval, or by other future means such as additional fees or assessment districts. 3) RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT PROJECT The road improvement projects for which the fees will be used are necessary for the improvement of the safety and the capacity of the road network serving the unincorporated Dublin. Improvements needed in the area are determined by future growth allowed for in the Dougherty Valley Specific Plan and the City of Dublin's General Plan. The road network is shown on Exhibit C. 4) RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF DEVELOPMENT The proposed fee is based on distributing the cost of the Area of Benefit road improvement program to new development in proportion to the number of peak hour trips generated by the particular type of new development. All new development within Dougherty Valley will be required to pay a fee to fund the needed roadway improvements. 3 GENERAL PLAN RELATIONSHIP The basis for the Dublin/Contra Costa Area of Benefit is derived from the features of the Utur General Plan and its amendments, and applies the policies of the General Plan elementa to a ;- funding mechanism described herein for improvements in the City of Dublin. The Generak.l ':n and its various elements are available for review at the Community Development DepartrE ,- , t County Administration Building, 651 Pine Street, Martinez, during office hours. ROAD NETWORK CAPACITY IMPROVEMENT PLAN The road network capacity improvement program was developed using the Eastern tr Traffic Impact Fee Report and the development potential identified in the County General F ; The road improvements will be funded and constructed in conjunction with the developmeE ': ;G property within the Area of Benefit and within the City of Dublin. The rate of revenue genet- in the Dublin/Contra Costa Area of Benefit is dependent on the rate of new development• affects the timing of the construction of an Area of Benefit project as it is dependent on th%twoxAAW amount of fees collected less expenditures. The proposed projects in Dublin are only partially funded by the Dublin/Contra Costa Are* . Benefit fees and the City fees. This is due to the fact that traffic generated outside of DubliffA ; Dougherty Valley contributes significantly to the need for these proposed improvemnA Accordingly, the AOB revenues generated within Dougherty Valley will fund only their prcr-v.rzgft share of the project costs within the City of Dublin. Other sources of funding, such as St r Federal aid, or local sources such as sales tax or gas tax, will be pursued for the partially-furv,-t Dublin projects. While the existing road network is adequate to service existing development, the proposed rs.mmad plan will help to provide the capacity needed to serve the estimated potential development, d future traffic volumes in the Dublin area. This Area of Benefit will finance only the minirn interim roadways needed to meet traffic level of service and safety demands. The road cap. ty improvement programs proposed by the Dublin/Contra Costa Area of Benefit will be reviewAred periodically to assess the impacts of changing travel patterns and the rate of new developer DEVELOPMENT POTENTIAL WITHIN THE AREA OF BENEFIT The County Public Works Department, using the Dougherty Valley Specific Plan and olMer resources provided by the County Community Development Department, has estimated:-,;the development potential for the Area of Benefit. A summary of the potential new reside dwelling units, and commercial, office, and industrial development are shown in Table 1. Table 1: Summary of Development Potential Cateaonr Floor Area Ur Units Residential 11,000 Dwelling Units Commercial 450,000 Square Feet 4 ESTIMATED DOST OF ROAD NETWORK IMPROVEMENTS The estimated Dublin/Contra Costa Area of Benefit contribution shown in Exhibit B is only a portion of the total project cost. The area of benefit will only fund the "fair share" portion of the project attributable to new development within Dougherty Valley. Also, the area of benefit will not fund items that do not have a direct effect on safety or capacity, such as general lighting, extensive longitudinal storm drain systems, and sidewalks. The area of benefit will only finance the minimum roadway capacities needed to meet traffic level of service and safety demands. The estimated Dublin/Contra Costa Area of Benefit contribution has been increased by approximately 1% to cover the cost of administration. This includes the estimated County staff time for fee collection, accounting, and technical support to the community groups and traffic advisory committees. BASIS FOR FEE APPORTIONMENT The concept of an area of benefit is the equitable distribution of road improvement costs to new development from which future traffic impacts will arise. As traffic impacts are directly related to the total number of vehicles on the road network development road fees are related to the number of vehicle trips associated with a particular category of development. Because only residential developments will be charged a fee in Dougherty Valley, the cost is equally distributed among all dwelling units. The total estimated Area of Benefit share of the project costs is therefore determined by dividing by the number of peak hour trips generated by the number of dwelling units in Dougherty Valley (11,000 units). Because the first phase of Dougherty Valley development (consisting of 1,216 dwelling units) has already paid a fee of$245/unit (well below the actual "fair share" for the Dublin impacts), the fee for the remaining units will be adjusted upward to account for the shortfall. CALCULATION OF FEES The fee calculation is shown in Table 2. Table 2: Dublin/Contra Costa Area of Benefit Fee Calculation Amount to be Financed by the Dublin/Contra Costa Fee: $13,473,460 Number of Residential Units in Sha ell Area of Dougherty Valley: 11,000 Sha ell Share 53% of Dougherty Valley Development $7,140,934 Windemere Share 47% of Dougheqy Valley Develo meat $6,332,526 Amount Collected From First 1,216 Units in Dougherty Valley $297,920 Sha ell Amount to Be Collected From Remaining Units in Shapell Area of $6,034,606 Doug hert Valley-_ Number of Residential Units Remaining for Sha ell: 4,614 Number of Residential Units Remaining for Windemere: 5,170 Fee per Unit Sha ell : $1,483/Unit Fee per Unit (Windemere),_ $1,225/Unit Fee per Unit with 1% Admin Sha ell : $1,498/Unit Fee per Unit with 1% Admin (Windemere): $1,237/Unit 5 �2 RECOMMENDED FEES The recommended fees for the Dublin/Contra Costa Area of Benefit, resulting from Table 2, are: Shapell: $ 1,498 per dwelling unit (Single and Multi-Family Residential) Windemere: $ 1,237 per dwelling unit (Single and Multi-Family Residential) REVIEW OF FEES Project cost estimates will be reviewed periodically while the Dublin/Contra Costa Area of Benefit is in effect. The fee schedule will be adjusted annually to account for inflation using the Engineering dews Record Construction Cost Index for the San Francisco Area and,the Right of Way Cost Index for the City of Dublin. The adjustments will be determined by the City of Dublin and will be consistent with the adjustments to the Eastern Dublin Traffic Impact Fee. Adjustments will go into effect on April 1 of every year. COLLECTION OF FEES Fees will be collected when the building permit is issued in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. Fees collected will be deposited in an interest-bearing account already established by the Board of Supervisors. INTEREST ON FEES The interest accrued on the fees collected in the Dublin/Contra Costa Area of Benefit will continue to accumulate in the trust account and will be used for the purpose of administration, design and construction of the fee area improvements. IN LIEU CONSTRUCTION A development may be required to construct a portion of the road improvement identified in Exhibit B. In such a case the developer may be eligible to receive credit or reimbursement toward the Area of Benefit fee. The developer should contact the Public Works Department prior to the commencement of construction to determine the eligibility of the road improvement. G:\GrpData\TransEng\jb\dubiin\DevelopmentProgramRoport.doc ij p � � ui ` •� CSC CL LL MOON b i 52 � y 'Y � � �kYt TTI IM4r31 j C z Q� Q u v -- iZ> I v` FIGURE 2 �t SHAPELL -� WINDEMERE i ------------------- 4 t. LEGEND - -- WINDEMERE l SHAPELL BOUNDARYS U� DUBLIN IC.C.COUNTY BOUNDARY Cos SP coli CITY OF SAN RAMON � MgpP CITY OF DANVILLE r.,.-� PCS { Ol: — — COUNTY BOUNDARYS --~' EXHIBIT "A" Boundary Description Dublin/Contra Costa Fee Area - Shapell Real property in Southern Contra Costa County, California, described as follows: References to maps, boundary lines and ownerships are to records of said County. Beginning at the northwest corner of Parcel B of Subdivision MS 331-77 filed October 6, 1978, in Book 70 of Parcel Maps at page 48; thence, along the west line of said Subdivision MS 331-77, southerly 531.68 feet, more or less, to the northwest corner of Parcel A of Subdivision MS 142-78 filed August 14, 1979, in Book 80 of Parcel Maps at page 8; thence, along the west line of Subdivision MS 142-78, southerly 523 feet, more or less, to the northwest corner of Parcel A of Subdivision MS 32-89 filed August 24, 1990, in Book 148 of Parcel Maps at page 20; thence along the west line of Subdivision MS 32-89 southerly 213.00 feet, more or less, to the northwest corner of Parcel A of Subdivision MS 317-77 filed January 12, 1979, in Book 73 of Parcel Maps at page 30; thence along the west line of said Parcel A (73 PM 30), southerly 397.00 feet, more or less, to the northwest corner of Parcel B of Subdivision MS 57-78 filed October 5, 1978, in Book 70 of Parcel Maps at page 44; thence, along the west line of said Parcel B (70 PM 44), southerly 370.00 feet, more or less, to the northwest corner of Parcel A of Subdivision MS 144-90 filed August 23, 1995, in Book 167 of Parcel Maps at page 15; thence, along the west line of Subdivision MS 144- 90, southerly 612.36 feet to the southwest corner thereof, said point lying on the south line of Section 6, Township 2 South, Range 1 East, Mount Diablo Meridian; thence, along said south line of Section 6, easterly 660.98 feet, more or less, to the northwest corner of the 2,319.730 acre parcel of land shown on the Record of Survey filed February 25, 1981, in Book 68 of Licensed Surveyors Maps at page 20; thence along the west boundary of said 2,319.730 acre parcel (68 LSM 20), in a general southerly direction 15,193.80 feet, more or less, to a point on the northern line of the parcel of land described in the Final Judgement to the United States of America, Case No. 22352, recorded August 2, 1947, in Book 1104 of Official Records at page 377; thence, along said northern line (1104 O.R. 377), in a westerly direction, 3,175 feet, more or less, to the centerline of Dougherty Road; thence along said centerline, in a general southerly direction 742 feet, more or less, to the intersection with the easterly prolongation of the north line of Subdivision 7413 filed October 30, 1992, in Book 364 of Maps at page 14; thence, along said easterly prolongation and north line of Subdivision 7413 (364 M 14), north 771104'00"west 722.50 feet to the northwest corner thereof, said point being the northeast comer of Subdivision 7038 filed December 27, 1990, in Book 354 of Maps at page 28; thence along the northerly boundary of said Subdivision 7038, north 77004'57" west 514.20 feet, more or less, to the southeast corner of the parcel of land described in the deed to East Bay Municipal Utility District recorded May 19, 1978, in Book 8845 of Official Records at page 149; thence along the exterior of said East Bay Municipal Utility District Parcel (8845 O.R. 149) the following courses: 1) north 43009'35" west 1,180.00 feet, 2) north 54013'44" west 490.00 feet, 3) south 47033'50" west 380.00 feet and 4) south 10°13'51" east 582.74 feet to the southwest corner thereof, said point lying on the northerly boundary of said Subdivision 7038 (354 M 28); thence along said northerly boundary north 7704'57" west 370.00 feet, more or less, to the most northern corner thereof, and point being the most northern corner of Parcel B of Subdivision MS No. 184-67 filed December 7, 1967, in Book 2 of Parcel Maps at page 16; thence along the northwesterly line of said Parcel B (2 PM 16) south 64032'00"west 297.00 feet to a point on the south line of the parcel of land described in the deed to Pacific Gas and Electric Company recorded August 15, 1958, in Book 3211 of Official Records at page 565; thence leaving said line, north 26026'25"west 1,118.69 feet, more or less, to the southeast corner of Parcel A of Subdivision 5599 filed October 16, 1980, in Book 246 of Maps at page 27; thence, along the east line of said Parcel A (246 M 27), in a general northwesterly direction, 2,245.83 feet, more or less, to the southeast comer of Parcel A of Subdivision 5902 filed June 5, 1985, in Book 291 of Maps at page 1; thence, along the east line of said Parcel A (290 M 1), in a general northwesterly direction, 2,255.86 feet, more or less, to the southeast corner of Parcel F of Subdivision 6547 filed June 27, 1985, in Book 290 of Maps at page 1; thence, along the east line of said Subdivision 6547 (291 M 1), in a general northwesterly direction, 1,836.01 feet, more or less, to the southeast corner of Parcel C of Subdivision 6546 filed July 25, 1985 in Book 292 of Maps at page 1; thence, along the east line of said Parcel C (292 M 1), in a general northwesterly direction, 2,668.99 feet, more or less, to the southeast corner of Parcel J of Subdivision 6595 filed March 14, 1986, in Book 299 of Maps at page 47; thence along the east line of said Subdivision 6595 (299 M 47), in a general northwesterly direction, 3,650.65 feet, more or less, to the southwest corner of Parcel JJ of Subdivision 6550 filed November 6, 1986, in Book 308 of Maps at page 30; thence, along the exterior boundary of said Subdivision 6550 (308 M 30) the following courses: 1) north 72008'23" east 1,042.80 feet, 2) south 87026'36" east 284.71 feet to the southwest corner of Parcel B of Subdivision 6549 filed April 28, 1986, in Book 301 of Maps at page 48; thence, along the exterior boundary of said Subdivision 6549 (301 M 48), south 88042'18" east 2,630.10 feet to the southwest corner of Section 1, Township 2 South, Range 1 West, Mount Diablo Meridian; thence along the west line of said Section 1 (T2S, R1 W) northerly 660.34 feet, more or less, to the southwest comer of Parcel J of Subdivision 7010 filed September 6, 1989, in Book 336 of Maps at page 46; thence, along the south boundary of said Subdivision 7010 (336 M 46) in a general easterly direction, 7,850.36 feet, more or less, to the southeast corner thereof; thence, along the east boundary of said Subdivision 7010, in a general northerly direction, 2,048.20 feet to the northeast corner thereof, said point lying on the south line of Parcel C of Subdivision 6736 filed February 21, 1989, in Book 330 of Maps at page 42; thence, along the south line of said Parcel C in a general easterly direction, 787.16 feet, more or less, to the southwest comer of Subdivision 6017 filed February 22, 1983, in Book 268 of Maps at page 14; thence, along the south line of said Subdivision 6017 in a general easterly direction, 1,293.68 feet, more or less, to the northwest comer of said Parcel B of Subdivision IVIS 331-77 (70 PM 46), the Point of Beginning Boundary Description Dublin/Contra Costa Fee Area -Windermere Real property in Southern Contra Costa County, California, being a portion of Lots 4, 6, 17, 24, 25, 26, 27, 29, 30, 37 and all of Lots 18, 19, 20, 21, 22, 23, 28 and 38 as shown on the map entitled "Map of the Property of the Estate of Elizabeth A. Dougherty" filed in Book C of Maps at page 63, records of said County, described as follows: All of the 2,319.730 acre parcel of land shown on the Record of Survey filed February 25, 1981, in Book 68 of Licensed Surveyors' Maps at page 20, records of said County. EXHIBIT B DUBLIN/CONTRA COSTA AREA OF BENEFIT PROJECT LIST AND FEE SUMMARY TIF PROJECT COST COUNTY SHARE DUBLIN SHARE DESCRIPTION SEGMENT GRAND TOTAL % $ % $ Dougherty Road 1 3,122,371 34.32 _ 1,071,598 2.54 79,308 Dcu2herty Road 2 $ 3,421,857 31.10 $1,064,198 0.09 $3,080 ncix hent Road 3 $ 131,213 28.02 $36,766 0.97 $1,273 Dougherty Road 4 $ - 1,928,809 14.47 $279,099 3.50 $67,508 Dublin Blvd. 5 S 4,886,232 0.34 $16,613 4.84 $236,494 Dublin Blvd. 6 $ 1,833,052 0.46 $8,432 15.001 $274,958 Dublin_Blvd. 7 $ 6,516,016 0.07 $4.561 33.79 $2,201,762 Dublin Blvd Ext 8 $ 2,861,071 2.40 588,666 33.75 $965,611 Dublin Blvd Ext 8A $ 4,776,19900..'281 $110,330 35.37 $1,689,342 Dublin_Blvd Ext 9 $ 10,421,360 $152,152 52.26 _ $5,446,203 Dublin Blvd Ext 16 $ 14,139,385 $43,832 28.14 $3,978,823 Dublin Blvd Ext 11 $ 20,361,405 $1,084,901 22.24 _ $4,528,378 Airwa Blvd Interchange_ 12 $ 2,080,000 $14,144 12.26 $255,008 Hacienda 13 $ 1,358,792 $17,664 30.25 $411,035 Hacienda 14 $ 3,150,317 $6,616 8.81 $214,537 Hacienda Interchange 15 $ 4,502,298 1.30 $58,530 30.25 $1,361,945 Arnold Road is $ 4,264,616 1,00 $42,646 50.00 $2,132,308 Central Parkway 16A $ 1,323,898 1.00 $13,239 50.00 $681,949 Central Parkwa 17 $ 8,681,062 1.20 $80,173 21.25 $1,419,726 Central Parkwa 18 $ 4,335,073 0.18 $7,803 46.04 $1,995,868 Central Parkway__ 18A $ 3,909,472 0.17 $6,646 98.92 $3,867,250 Gleason 19 $ 588,755 7.25 $42,685 42.04 $247,513 Gleason 19A $ 4,549,372 7.25 $329,829 42.04 $1,912,556 Gleason 20 $ 6,693,436 0.50 $33,467 99.39 $6,652,606 Scarlet Drive 21 $ 8,321,777 11.65 $969,487 16.29 $1,355,617 Tassa ara Road 22 $ 91222,004 39.90 $3,679,580 26.191 $2,415,243 Tassa ara Road 22A $ 6,218,085 23.99 $1,491,714 62.791 $3,904,323 Tassa'ara Road 23 $ 5,083,778 9.28 $471,775 57.051 $2,900,295 Tassa ara Road 24 $ 257,400 2.96 $7,819 34.28 $88,237 Tassa ara Rd Interchange 25 $ _ 13,017,658 2.98 $385,323 34.26 $4,462,453 Fallon Road 26 $ 6,992,297 34.36 $2,402,553 24.59 $1,719,406 Fallon Road 26A $ 5,275,974 24.52 $1;293,669 44.99 $_2,373,661_ Fallon Road 27 $ 773,018 5.71 $44,139 13.13 $101,497 Fallon Rd Interchange 29 $ 13,918,751 5.71 $794,818 13.13 $1,827,663 Creek Trail 29 $ 1,063,335 _ 0.00 $0 0.00 $0 Totals 18 ,981,116 16,115,286 $61,753,431 COUNTY ROADWAYS Taut kn o wl COUNTY SHARE DUBLIN$HARE DE$cRIPn0N TIP 69OMFNT w0 nsls,Gnd' % $ % S 1kricip Cast L$ Dau hert _ Rd Sag. A $2,337,720 29.09 $880,043 1.30 $30,390 Dou herr Rd Seg. B $6,083,220 32.14 $1,955,147 1.68 $102,198 Rquaherty Rd Sag. C $1,808,400 41.17 $144,518 2.32 $41,955 Bollinger Rd Seg. D $2,353,560 16.00 $376,570 1.15 $27,066 Bollinger Rd ge . E _ $5,164,500 48.93 $2,526,990 4.05 $209,162 Bollinger Rd sea. F $4,6881000 70.88 $3,311,128 6.77 $317,242 Bollinger Rd Seg. G $2409,000 79.73 $1,920,696 9.94 $239,455 eollin er Rd Seg. H $2,355,540 41.55 $978,727 1.86 $43,813 East Branch Seg. I $5,392,200 92.33 $4,978,618 1.05 $58,618 ,Windermere ses. S $3,895,320 62.99 $2,453,662 20.61 $802,825 SS . xWindeoere $205,720 61.39 $1,354,092 23.85 $ ,2 Cmms36,440 $528,064 43.42 $493,442 21.56 $24016 orals 9,e2 ,6 0 L 21,773,632 2, 1,606 Not Difference in Impacts between Dublin and Contra Coats County: $13,473,450 Shapell Share(53%of Not Difference): $7,140,934 Wlndemers Share(47%of Not Difference): $6,332,526 RESULTANT WINDEMERE FEE(PER DWELLING UNIT) $1,225 ADJUSTED SHAPELL.FEE(CONSIDERING PREVIOUS GALE RANCH PAYMENT)- $1,489 WINDEMERE FEE WITH 1%ADMIN FEE ADDED $1,237 SHAPELL FEE WITH 1%ADMIN FEE ADDED $1 498 *NOTE:Because Shapell paid only$245/unit for Gale Ranch(1,216 units),the remaining Shapell units will be charged the higher fee to make up the difference. g:ltranssngybldubI1MExhib1t 8 DPRA3 \ o U Z \ CQ s ::D X � g w3 ye � x 2 d » / � 2 .. / m Ln y LD - � Ln � ! f § ! - ! � § ) § IN _ (D . \ƒ � : ` o . ! ,® » ! z 391171, � © ` \ \ \ ° w / \ . 170 . m an lo b d s J W v $ a d Ut N N i i3 J tads ti �plfl tit a� m i a� �y�