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Home My WebLink About4.08 Alameda Cty Courthousse CITY CLERK File # DGJw@]-[!J0 o 0 o-t 0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 20,2007 SUBJECT: P A 02-030 - Amendment to the City of Dublin/County of Alameda Agreement regarding the enforcement of Conditions of Approval for the East County Hall of Justice (Alameda County Courthouse) Report Prepared by Jamie Rojo, Assistant Planner ATTACHMENTS: 1) Resolution approving a second amendment to the Agreement between the City of Dublin and the County of Alameda regarding the enforcement of Conditions of Approval for the East County Hall of Justice (with the Agreement attached as Exhibit A) 2) Written request from Alameda County to extend the Site Development Review approval expiration date RECOMME~N:~I) Adopt the Resolution (Attachment 1) approving a second amendment to the Agreement between the City of Dublin and the County of Alameda regarding the enforcement of Conditions of Approval for the East County Hall of Justice (with the Amendment to the Agreement attached as Exhibit A) FINANCIAL STATEMENT: None DESCRIPTION: In July 2003, Alameda County submitted an application to the City of Dublin requesting Site Development Review approval of a proposed courthouse facility on County-owned land north of Gleason Drive. The East County Hall of Justice (County Courthouse) is proposed as a 208,408 square foot building comprised of courtrooms, offices, and associated facilities. The project area is approximately 21.77 acres and is located on the north side of Gleason Drive between Madigan and Arnold, where an East County Government Center has been planned for several years. 151 Extension Request On November 16, 2004, the City Council reviewed and approved the Site Development Review application for the County Courthouse and also approved an associated City/County Agreement regarding the enforcement of the Conditions of Approval for the project (Resolution No. 220-04). Because of the ------------------------------------------------------------------------------~------------------------------ COpy TO: Alameda County File ITEM NO. tI., Page 1 of2 G:\Alameda County Courthouse Extension 11.20.07\CCSR SDR extension 112007 (2). doc. DOC unique nature of this project, where the City of Dublin had Site Development Review authority but would not be issuing subsequent building permits, an alternative method of ensuring the Applicant's compliance with the Conditions of Approval for the project had to be developed. The City Attorney, in cooperation with Alameda County Counsel, drafted an agreement regarding the enforcement of Condittons of Approval for the County Courthouse. The Agreement was approved as an exhibit to the Site Development Review Resolution, and the Conditions of Approval for the project were contained within the Agreement. Condition of Approval No. 2 stated the following: "Approval of the Site Development Review shall be valid for eighteen (18) months from the date approved by the City Council. If construction, or demonstrated progress toward commencing such construction. has not commenced by that time, this approval shall be null and void. If an additional extension is desired, the County can make the request to be considered by the City Council. " The project was approved by the City Council on November 16, 2004, and as such, the expiration date of the Site Development Review approval was on May 16, 2006. With an expiration date of May 16, 2006, the County submitted a formal request to extend the approval for an additional 18 months on March 28, 2006. In order to accommodate the County's request, the City Attorney drafted an amendment to the original Agreement for the City Council's review and consideration. The amendment addressed only one issue: extending the expiration date of the Site Development Review approval for an additional 18 months. All other aspects of the original Agreement and the original Conditions of Approval remained in effect. On May 2, 2006, the City Council reviewed and approved the application for the 18 month extension of the Site Development Review, resulting in a new expiration date of November 16,2007 (Resolution No. 56-06). Current Request On September 24, 2007, Alameda County submitted a formal request to extend the approval for an additional 18 months (Attachment 2). The County has indicated that due to increased construction costs, additional time will be needed to work with the courts to develop a funding strategy. The City Attorney has drafted a second amendment to the agreement extending the approval for the City Council's review and consideration. All other aspects of the original Agreement and the original Conditions of Approval remain in effect. If the County's request is approved, the new expiration date of the Site Development Review will be on May 16, 2009. Subsequent to the City Council's approval of the second amendment to the Agreement, the amendment to the Agreement will be acted on by the County Board of Supervisors. The second amendment to the Agreement and the extension of the Site Development Review approval term will become effective only after the amendment to the Agreement is executed by both parties. RECOMMENDATION: Staff recommends that the City Council: 1) Adopt the Resolution (Attachment 1) approving a second amendment to the Agreement between the City of Dublin and the County of Alameda regarding the enforcement of Conditions of Approval for the East County Hall of Justice (with the Amendment to the Agreement attached as Exhibit A). ~1.) { is- RESOLUTION NO. XX -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** APPROVING A SECOND AMENDMENT TO THE CITY/COUNTY AGREEMENT REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST COUNTY HALL OF JUSTICE (ALAMEDA COUNTY COURTHOUSE) P A 02-030 WHEREAS, in July 2003, Alameda County submitted an application to the City of Dublin requesting Site Development Review approval of a proposed courthouse facility on County-owned land north of Gleason Drive incorporating a 208,408 square foot building comprised of courtrooms, offices, and associated facilities on approximately 21.77 acres; and WHEREAS, the City Council reviewed and approved the County Courthouse Site Development Review application at a public hearing on November 16, 2004; and WHEREAS, the City Council also approved an associated City/County Agreement regarding the enforcement of Conditions of Approval for the project which stated an expiration date for the term of the approval as 18 months from the date of City Council action; and WHEREAS, Aki Nakao, on behalf of the Alameda County General Services Agency, requested on March 28, 2006, an amendment to the City/County Agreement to extend the Site Development Review approval term for the East County Hall of Justice (County Courthouse) by an additional eighteen (18) months since the County had not yet commenced construction of the Project; and WHEREAS, the City Attorney drafted, and Alameda County Counsel concurred with, an amendment to said Agreement to extend the term of the Site Development Review approval for an additional 18 months while leaving all other provisions of the original Agreement and proj ect Conditions of Approval intact by which the agreement was changed and the City Council accepted these changes on May 2, 2006; and WHEREAS, Aki Nakao, on behalf of the Alameda County General Services Agency, has requested a second amendment to the City/County Agreement on September 24, 2007 to extend the Site Development Review approval term for the East County Hall of Justice (County Courthouse) by an additional 18 months; and WHEREAS, the City Attorney has drafted, and Alameda County Counsel has concurred with, a second amendment to said Agreement to extend the term of the Site Development Review approval for an additional 18 months while leaving all other provisions of the original Agreement and project Conditions of Approval intact by which the agreement \Vas changed and the City Council accepted these changes on November 20, 2007; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used its independent judgment to make a decision. 1 :f-ie.w:tt 4,J! II }wlo'7 ATT ACHMENT 1 daJ 6" NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve, and authorizes the Mayor to execute, the second amendment to the Agreement between the City of Dublin and the County of Alameda regarding the enforcement of Conditions of Approval for the East County Hall of Justice (Exhibit A to this Resolution). PASSED, APPROVED AND ADOPTED this 20th day of November 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IAlameda County Courthouse Extension 11.20.07\CC Reso SDR extension 11 2007 (2). doc. DOC 2 3r~ SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST COUNTY HALL OF JUSTICE This SECOND AMENDMENT is entered into this 20th day of November 2007 by and between the City of Dublin, a municipal corporation ("the City"), and the County of Alameda, a political subdivision of the State of California ("the County"). The City and the County are referred to collectively as "the Parties." RECITALS 1. The Parties are parties to that certain agreement entitled "Agreement Between County of Alameda, Surplus Property Authority and City of Dublin Regarding Transfer of Property Tax Revenues Upon Annexation, Provision of Services and Other Matters," dated May 4, 1993 ("the Annexation Agreement"). 2. In the Annexation Agreement, the County agreed to subject County projects on certain lands owned by the County to the City's site development review ("SDR") process under the City's Zoning Ordinance. 3. In 2004, the County proposed the development of the East County Government Center ("the Project") and submitted an SDR application to the City. 4. In conjunction with the City's approval of SDR for the Project, the Parties entered into that certain agreement entitled "Agreement Between the City of Dublin and the County of Alameda Regarding the Enforcement of Conditions of Approval for the East County Hall of Justice" ("the Agreement"). 5. The Agreement, consistent with the Annexation Agreement, sets forth the County's obligations to comply with the City's conditions of approval of the SDR for the Project. 6. One of the conditions of approval, which were incorporated into the Agreement, states that the City's approval of the SDR for the Project shall only be valid for eighteen (18) months from the date approved by the City Council, which was November 16, 2004, and, under the City's Zoning Ordinance, eighteen months is period is the maximum life for an SDR approval. 7. Since the SDR Approval would have expired on May 16, 2006 and the County had not yet commenced construction of the Project, the County requested on March 28, 2006 that the City extend the life of the SDR approval for an additional eighteen (18) months. 8. The City was amenable to extending the life of the SDR, and on May 2, 2006, partially waived the requirement set forth in the Annexation Agreement that the County be subject to the City's SDR process under the City's Zoning Ordinance only to the extent necessary to permit the life of the SDR approval to extend beyond the maximum 18 months set forth in the Zoning Ordinance. 9. Since the SDR approval would expire on November 16, 2007 and the County has not yet commenced construction of the project, the County has requested that the City extend the life of the SDR approval for an additional eighteen (18) months. 1 Exhibit A Lf~? 10. The City is amenable to extending the life of the SDR, and therefore is willing to partially waive the requirement set forth in the Annexation Agreement that the County be subject to the City's SDR process under the City's Zoning Ordinance only to the extent necessary to permit the life of the SDR approval to extend beyond the maximum 18 months set forth in the Zoning Ordinance and the additional 18 months set forth in the first amendment to the Agreement. 11 . By agreeing to waive the referenced provisions of the Annexation Agreement, there shall be no inference that the City has waived any other provisions of the Annexation Agreement, it being specifically agreed by the Parties that the City does not waive any other provision of the Annexation Agreement by entering into this agreement. 12. The Parties therefore desire to amend the Agreement to extend the life of the SDR approval for an additional 18 months. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the City and the County agree as follows: A. Extension of Life of Site Development Review Approval. Section 2.5 of the agreement is hereby amended to read as follows: Section 2.5. Term of Site Development Review. Notwithstanding anything to contrary in Exhibit A-1, the City's approval of the SDR, or the City's Zoning Ordinance (Title 8 of the Dublin Municipal Code) the City Council's approval of the SDR shall be valid for fifty-four (54) months from the date it was approved by the City Council. B. All other provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF DUBLIN: COUNTY OF ALAMEDA Mayor Chair of the Board of Supervisors ATTEST: Approved as to Form: RICHARD E. WINNIE County Counsel City Clerk Approved as to Form: by City Attorney 2 1401 LAKESIDE DRIVE, OAKLAND, CALIFORNIA 9461 J 510 J08 9700 ~ "F6':f S _ I{) \~~ I{) v3\ t""' '\Akl K. N..tKAO, Director 6~"" - FAX 510 J08 9711 www.acgov.org/gsa/ September 24, 2007 Richard Ambrose. City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 SUBJECT: REQUEST FOR AMENDMENT TO THE CITY/COUNTY AGREEMENT EAST COUNTY HALL OF JUSTICE Dear Mr. Ambrose: The County of Alameda is hereby requesting an amendment to the City/County Agreement to extend the Site Development Review (SDR) approval date for the East County Hall of Justice by 18 months, from November 16: 2007 to May 16.2009. All other provisions of the SDR approval shall remain the same. Sincerely. a6A:/!d#--4~ AId K. Nakao . Director. General Services Agency AKN:JL;dlsll/Agency AdministrationlDirectorlECHOJ City Request for Amendment to City lUld County Agreement.doc cc: Jeri Ram, Director, Community Development, City of Dublin Bryan Moore. Assistant Planner. Planning Department, City of Dublin Scott Haggerty. President, Board of Supervisors Susan S. Muranishi, County Administrator James Kachik, Deputy Director, GSA- TSD Gerald Loeper, Supervising Architect, GSA- TSD REC!IVFr-i SEP 2 5 2007 DUBLIN PLANNtNG ATTACHMENT 2