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Ms. Mohr asked if the park dedication fees due from Wells Fargo would be carried over <br />to the new owner in the event Wells Fargo decides not to build? <br /> <br /> Mr. Roush indicated the new project would be reviewed to determine the square footage <br />and type of use before a park fee was assessed. <br /> <br /> Mr. Tarver felt some property owners were saying they wonld pay the fee only if they <br />got something in return. <br /> <br /> Mr. Roush explained there have been many negotiations over the past few years to get <br />to this point. Staff has tried to arrive at an equitable solution to get as much money as possible <br />coming to the City in the shortest period of time, which is why staff is comfortable making the <br />current recommendations. Council action tonight does not commit it to approving any of these <br />other agreements. If Council decides not to approve the agreements, staff would be back at the <br />negotiating table to find a way to satisfy the park obligations. <br /> <br /> Ms. Acosta indicated there were four factors that led to the current recommendations: <br />staff was trying to get money as quickly as it could to satisfy a specific need; in some cases, <br />staff and property owners are satisfying old conditions; staff does not know when Wells Fargo <br />plans to proceed with its project, if ever, and this is a good way to get funds from them; and <br />finally, the surpluses in the North Pleasanton Improvement Districts need to be distributed. <br /> <br /> Mr. Tarvet indicated it seems Wells Fargo pays $64,000 and gets relieved of its traffic <br />obligations. <br /> <br /> Mr. Swift explained that at the time the Wells Fargo project was approved, it was <br />required to improve intersections to maintain LOS D. Because it was a large project and <br />phased, the improvements would be constructed at such time as the City required the <br />mitigations. There is no change to that, except Wells Fargo has not taken out building permits <br />for its first building, yet improvements are necessary because of other development, such as the <br />Sears store. The first to develop pays for intersection improvements and those who develop later <br />will reimburse the first. We are reviewing various improvements now and because Wells Fargo <br />has not built anything, it is not equitable to ask them to pay now. It is equitable to ask Sears, <br />Nordstroms, and Kaiser to pay for the necessary improvements, and Wells Fargo will then <br />reimburse these developers. <br /> <br /> Mr. Swift indicated the Bernal Corporate Center is different than other business parks <br />because they did not participate in the North Pleasanton Improvement District. They did not <br />have that funding source to meet the obligation. This is an extremely complex situation <br />regarding the sewage issues and availability of moneys being held in certain funds under a 1981 <br />agreement. That agreement was to purchase sewage capacity that would be drawn against as <br />the business park was built out. The agreement contained certain provisions regarding what <br />happens to funds left after certain periods of time if building permits were not taken out and <br />references that the moneys would become the City's funds for use at its discretion. Bernai <br /> <br />05/07/96 -10- <br /> <br /> <br />