21 ATTACHMENT 3 - Laserfiche WebLink

73 Measure M calls for an adoption of an Urban Limit Line in the city of Dublin and other provisions that would change the Dublin General Plan for the Western Extended Planning Area, located west of the current city limits. In general, Measure M would restrict annexation and associated development west of Dublin city boundaries. No development has been projected in the area west of the city of Dublin as part of the projections in this Official Statement. Environmental Issues. As in many areas of the San Francisco Bay Area and the State of California, residential and commercial development in the LAVWMA service area has been constrained by state and federal laws and regulations that protect wetlands and endangered species. Development proposals in the service area are already required to deal with issues concerning endangered species, such as the California red-legged frog, the Alameda whipsnake and the San Joaquin kit fox under both the Endangered Species Act (“ESA”) and the California Environmental Quality Act (“CEQA”). The ESA determination is made on a case-by-case basis, depending in part on whether the endangered species actually use or occupy the area to be developed. Projects involving federal funding or a federal permit require consultation under the ESA and may require mitigation of impacts on endangered species. While few development projects have been stopped because of the ESA, some have incurred significant mitigation costs and permitting delays, and the approved developments have sometimes been smaller than originally proposed in order to minimize impacts. On March 13, 2001, the U.S. Fish and Wildlife Service (“Service”) designated approximately 4.1 million acres across 31 California counties as “critical habitat” for the California red-legged frog (the designation became effective April 12, 2001). This designation includes much of the undeveloped area of the city of Dublin. As a result of this critical habitat designation, some future projects may undergo additional regulatory involvement by the Service. Also, under CEQA, every development project must undergo environmental review. In that process, impacts to “critical habitat” could be deemed to constitute an environmental impact requiring analysis and mitigation. Thus, for some future projects, the designation of “critical habitat” may result in additional environmental review and mitigation beyond that which would otherwise be performed. LAVWMA cannot predict the ultimate effect of the critical habitat designation on development in the Dublin area. Other environmental issues impacting development in Dublin are likely to arise in the future. LAVWMA and the Members cannot predict what environmental issues may arise and what impact they may have on development. Dublin has assumed that environmental issues will not stop the planned development in the table above. LAVWMA has in turn based its projections of Regional Capacity Reserve Fees on planned development information provided by the city of Dublin, as well as the Members. CONSTITUTIONAL LIMITATIONS ON APPROPRIATIONS AND CHARGES Article XIIIB Article XIIIB of the California State Constitution limits the annual appropriations of the State and of any city, county, school district, authority or other political subdivision of the State to the level of appropriations of the particular governmental entity for the prior fiscal year, as adjusted for changes in the cost of living and population. The “base year” for establishing such appropriation limit is fiscal year 1978-79 and the limit is to be adjusted annually to reflect changes in population and consumer prices. Adjustments in the appropriations limit of an entity may also be made if (i) the financial responsibility for a service is transferred to another public entity or to a