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Home My WebLink AboutReso 206-07 Ala Cty Courthouse RESOLUTION NO. 206-07 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 project 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; and WHEREAS, the City Council agreed to this amendment on November 20, 2007, on the condition that it shall be the final amendment to the agreement and that the proposed project will require a new Site Development Review should the County fail to commence construction by the expiration date of May 16, 2009; and 1 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. 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: Councilmembers Hildenbrand, Oravetz, Sbranti, Scholz, Mayor Lockhart NOES: None ABSENT: None ATTEST: ~ ~d~ CIty Clerk ABSTAIN: None G:lAlameda County Courthouse Extension 11.20.07\CC Reso SDR extension 112007 (2). doc. DOC 2 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 has 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, to 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 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 Chair of the Board of Supervisors A ST: ~~~~ City Clerk Approved as to Form: RICHARD E. WINNIE County Counsel Approved as to Form: by City Attorney 2