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HomeMy WebLinkAboutReso 12-14 Hall of Justice RESOLUTION NO. 12-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************** RESOLUTION APPROVING SITE DEVELOPMENT REVIEW TO CONSTRUCT A 196,219 SQUARE FOOT BUILDING COMPRISED OF COURTROOMS, OFFICES, AND ASSOCIATED FACILITIES ON 20.4 ACRES LOCATED ON THE NORTH SIDE OF GLEASON DRIVE BETWEEN MADIGAN AND ARNOLD DRIVES, AND APPROVING THE ASSOCIATED 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 (PLPA-2013-00074) WHEREAS, Jim Kachick, on behalf of the Alameda County General Services Agency, has requested approval of a Site Development Review Amendment to construct a 196,219 square foot building comprised of courtrooms, offices, and associated facilities on 20.4 acres located on the north side of Gleason Drive between Madigan and Arnold Drives; and WHEREAS, the previous Site Development Review application was reviewed and approved by the Dublin City Council on December 15, 2009 (Resolution 187-09); and WHEREAS, the County has submitted and received approval for two extensions to the Site Development Review approval, with the final extension to the approval expiring on June 14, 2015; and WHEREAS, the Applicant has submitted plans for a new Site Development Review application, dated December 7, 2012 and prepared by Hensel-Phelps, stamped approved, and on file in the Planning Department (hereinafter referred to as the "Project Plans"). Included in these plans is the color and material board dated December 13, 2013, and other plans, text, and diagrams relating to this Site Development Review, and WHEREAS, the County of Alameda prepared a joint Environmental Impact Report and Environmental Impact Statement (EIR/EIS), dated April 2003, to determine the potential environmental impacts occurring as a result of the proposed project. The EIR/EIS identified mitigation measures to address the environmental impacts identified and the Final EIR/EIS and accompanying mitigation measures were adopted the Alameda County Board of Supervisors on May 6, 2003; and WHEREAS, when the project was redesigned in 2009, the County prepared an Addendum to describe the changes to the project under the California Environmental Quality Act (CEQA). On November 30, 2009, the City Council adopted a Resolution certifying that the City Council reviewed and considered the CEQA Addendum before the project was approved (Resolution 186-09). Since the 2014 project description remains as described in the 2009 CEQA Addendum, no additional environmental review is required; and WHEREAS, the proposed project is consistent with the Dublin General Plan, the Eastern Dublin Specific Plan, the Planned Development Zoning District in which it is located, and represents an appropriate project for the site; and Page 1 of 3 WHEREAS, the project application has been reviewed by the applicable City departments and outside agencies, and their comments have been incorporated into the Conditions of Approval for the project; and WHEREAS, the City Council held a public hearing on the Site Development Review Amendment application on February 4, 2014; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the City Council recommending that the application be approved; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW THEREFORE BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby find that: A. The approval of this application, as conditioned, is consistent with the purposes of the Site Development Review Chapter, with the General Plan, the Eastern Dublin Specific Plan, and the Planned Development Zoning for the site. The project is in compliance with the purpose of the Site Development Review Chapter, the Planned Development Zoning District standards, and the General Plan and Eastern Dublin p 9 , Specific Plan land use designations for the property. B. The approval of this application, as conditioned, is consistent with the provisions of Title 8, Zoning Ordinance. The project, with the implementation of the conditions of approval, meets the stated purpose of the Zoning Ordinance. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed. The project has been designed to respect the neighborhood and to minimize adverse impacts to surrounding properties. D. The subject site is physically suitable for the type and intensity of the approved development. The subject site is physically suitable for the type and intensity of the proposed use because the berm will be retained to screen Santa Rita Jail and the onsite grading will be balanced to provide an appropriate area for the building site. E. Impacts to existing slopes and topographic features are addressed. Impacts to existing slopes and topographic features are addressed through appropriate grading of the site, retention of those sensitive features, and through the mitigation measures adopted in the Final EIR/EIS and the Addendum. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity. The building architecture has been designed to be complimentary to the other buildings in the vicinity while providing the facilities necessary for a regional courthouse. Page 2 of 3 • 0 G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public. The site has been designed to incorporate native plant materials as well as to minimize stormwater runoff and to utilize sustainable practices. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles. The project plans include a circulation diagram that illustrates the ability to move safely throughout the site for bicyclists, pedestrians, and automobiles. BE IT FURTHER RESOLVED THAT the City Council does hereby approve, subject to compliance with the Conditions of Approval, a Site Development Review permit to construct a 196,219 square foot building comprised of courtrooms, offices, and associated facilities on 20.4 acres located on the north side of Gleason Drive between Madigan and Arnold Drives, and approving the associated 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 included as Exhibit A, the Conditions of Approval included as Exhibit A-1, and the Project Plans included as Exhibit A-2; and BE IT FURTHER RESOLVED THAT the approval of this Site Development Review Amendment supersedes the two previous Site Development Review approvals for the East County Hall of Justice (City Council Resolution 220-04 dated November 16, 2004 and City Council Resolution 187-09 dated December 15, 2009); and BE IT FURTHER RESOLVED THAT the City Council approves and authorizes the Mayor II to execute the Agreement (Exhibit A to this Resolution) 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 Conditions of Approval attached as Exhibit A-1 to the Agreement. PASSED, APPROVED AND ADOPTED this 4th day of February 2014, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATTE : Gc; City Clerk Reso 12-14,Adopted 2-4-14, Item 6.1 Page 3 of 3 Exhibit A-1 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 FINAL CONDITIONS OF APPROVAL for PLPA-2013-00074 East County Hall of Justice (Including the Public Works Standard Conditions of Approval): Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of use and the building opening to serve the public. General Conditions 1. Approval. This Site Development Review approval for the East County Hall of Justice establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review shall generally conform to the Concept Project Designs dated December 7, 2012, prepared by Hensel-Phelps/Fentress, stamped approved, and on file in the Planning Department (hereinafter referred to as the "Project Plans"). Also considered part of the Concept Project Designs is the Color and Materials Board dated December 13, 2013, submitted by Hensel-Phelps/Fentress, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. No other modifications shall be made to the Project Plans without subsequent review and approval. This approval shall not become effective until the City and County have both signed and entered into a written agreement regarding the enforcement of these conditions. This Site Development Review approval supersedes the previous two Site Development Review approvals (City Council Resolution 220-04 dated November 16, 2004 and City Council Resolution 187-09 dated December 15, 2009). Responsible Agency: Planning When required: Ongoing 2. Term. Approval of the Site Development Review shall be valid for twenty-four(24) 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. Responsible Agency: Planning When required: Ongoing 3. Revocation. The Site Development Review approval will be revocable for cause in accordance with the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. Responsible Agency: Planning When required: Ongoing 4. Required Permits. The Applicant/Developer shall obtain all necessary permits required by other agencies (Alameda County Flood Control District Zone 7, Dublin San Ramon Services District, California Department of Fish and Game, Army Corps of Engineers, State Water Quality Control Board, etc.) as needed and shall submit copies of the permits to the Director of Public Works. Responsible Agency: All agencies When required: Ongoing 5. Fees. The Applicant/Developer shall pay the following fees prior to the establishment of use and the building opening to serve the public: a. Eastern Dublin Traffic Impact Fee (TIF) at the current rate, based on 5,941 daily trips with a 27% reduction given for locally-generated trips, resulting in daily trips of 4,337. The County will receive credit for any TIF improvements constructed as required by these Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 1 of 14 Condition of Approval. The County may pay the fee by using Alameda County Surplus Property Authority (ACSPA) section I TIF credits [for payment of the Section I portion of the fee], through a reduction in the ACSPA's Section II loan to the TIF program [for payment of the Section II portion of the fee], and/or cash for either the Section I and/or Section II portion of the fee. b. Pleasanton Interchange Fee for Eastern Dublin at the current rate, based on 5,941 daily trips. c. Tri Valley Transportation Development (TVTD/TVTC) Fee at the current rate, based on a building size of 196,219 square feet. d. City of Dublin Fire Facilities Fee at the current rate, based on a building size of 196,219 square feet. Pursuant to the resolutions imposing the foregoing fees, the fees are increased for inflation annually each year on July 1. Consistent with the City's practice with projects subject to building permits, the fees listed above may be paid no earlier that at the commencement of construction of the building. The fees must be paid no later than the establishment of use and the building opening to serve the public. The fee paid shall be in the amount in effect at the time of payment. Responsible Agency: All agencies When required: Prior to the establishment of use and the building opening to serve the public. 6. Compliance with EIR/EIS Mitigation Measures. The project is required to comply with all mitigations measures as detailed in the Final Environmental Impact Statement and Environmental Impact Report (EIS/EIR) for the Juvenile Justice Facility and East County Hall of Justice (dated April 2003) as adopted by the Alameda County Board of Supervisors on May 6, 2003 and as revised by the Addendum approved by the County Board of Supervisors on December 8, 2009. As shown below, certain mitigation measures which require a fair share contribution towards traffic improvements will be met through payment of EDTIF fees. The City finds that certain mitigation measures are infeasible due to inconsistency with the City's Capital Improvement Program as specified below: MM 9.1.5a: Fair share contribution to Scarlett Improvement to be funded through payment Drive extension of EDTIF fee. MM 9.1.5b: Fair share contribution to Improvement inconsistent with the City's Tassajara/Dublin intersection Capital Improvement Program for roadway improvements MM 17.3.5a and 17.3.6a: Fair share contribution Improvement to be funded through payment to Dougherty/Dublin of EDTIF fee. MM 17.3.5a and 17.3.6a: Fair share contribution Improvement to be funded through payment to Hacienda/1580 WB OR of EDTIF fee. MM 17.3.5a and 17.3.6a: Fair share contribution Improvement inconsistent with the City's to Tassajara/Central Capital Improvement Program for roadway improvements MM 17.3.5a and 17.3.6a: Fair share contribution Improvement inconsistent with the City's to Tassajara/Dublin Capital Improvement Program for roadway improvements MM 17.3.5a and 17.3.6a: Fair share contribution Improvement inconsistent with the City's to Santa Rita/1580 EB/ Pimlico OR Capital Improvement Program for roadway improvements MM 17.3.5a and 17.3.6a: Fair share contribution Improvement inconsistent with the City's to Hopyard/1580 EB OR Capital Improvement Program for roadway improvements Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 2 of 14 Responsible Agency: Planning When required: Through construction and ongoing 12. Site Lighting: The Applicant shall shield the parking lot and site lighting to ensure that the light is concentrated and focused on site and does not impact neighboring businesses or residents. Responsible Agency: Planning When required: Through construction and ongoing 13.Wind screen details. A natural wind break of mixed tree heights is shown on the plans on the west side of the outdoor courtyard. During the design/build phase of the Project, the Applicant could study the wind conditions and consider appropriate solutions to divert the wind and provide a more comfortable courtyard seating area off the cafeteria. The design of any wind screen structures will be reviewed and approved by the Community Development Director or his/her designee prior to installation. Responsible Agency: Planning When required: Through construction and ongoing 14. Perimeter fencing details. In the design/build phase of the Project, the Applicant will study the overall perimeter site security fencing approach, and consulting with Alameda County Sheriffs staff to develop a comprehensive security plan. The design of perimeter fencing will be reviewed and approved by the Community Development Director or his/her designee prior to installation. Responsible Agency: Planning When required: Through construction and ongoing 15. Building and site signage. It is anticipated that low, monument-style signage will be installed at the three main driveway entrances off Gleason Road. Additionally, building signage will be installed at the main building entrance on the single-story, east-facing portion of the building leading to the security area. No building signage is permitted on the south-facing elevation of the courthouse building. Responsible Agency: Planning When required: Through construction and ongoing 16. Roof equipment. There shall be complete screening (with materials to match the buildings) of all roof top elements such as mechanical penthouses and equipment from pedestrian and occupants' view. Responsible Agency: Planning When required: Ongoing City of Dublin Public Works Department 17. Final design and construction shall conform to the Concept Project Designs dated December 7, 2012, stamped approved, and on file in the Planning Department (hereinafter referred to as the "Project Plans"). Responsible Agency: Planning and Public Works When required: Ongoing 18. The Applicant/Developer shall construct the following traffic improvements prior to the establishment of use and the building opening to serve the public: a. Modify Gleason Drive (project-specific improvement) The existing median island on Gleason Drive (just west of Hacienda Drive) shall be modified to provide an eastbound left-turn pocket lane into the site at the Hacienda Drive intersection. The left-turn pocket lane shall be 200' long, 12'wide, and shall have a 90' transition taper. Improvements shall include modifications as needed to the existing roadway striping and signing, as well as modifications to the existing median landscaping, irrigation systems, street lighting, and other facilities, as determined by the City Engineer. Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 4 of 14 In lieu of submitting a separate bond for the work in the public right-of-way, the contractor may name the City of Dublin as being covered under a security provided to the Applicant/ Developer, provided the scope and cost of the work in the public right-of-way are clearly defined and conform to the approved cost estimate for the work. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the building opening to the public. 21. The Applicant/Developer shall obtain an encroachment permit for all work within the public right- of-way or easements, prior to the start of construction. All work within the public right-of-way shall be subject to inspection by the Department of Public Works. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the building opening to the public. 22. The Applicant/Developer shall be responsible for the cost of all plan review, permit, and inspection costs incurred by the Department of Public Works for work within the public-right-of- way or easements. Responsible Agency: Public Works When required: Ongoing 23. A 6' wide concrete sidewalk shall be installed along the Gleason Drive frontage of the project. The sidewalk shall be extended easterly along the Gleason Drive frontage to connect with the existing sidewalk near Madigan Avenue and shall be extended westerly to the terminus of the project site. The new sidewalk shall be separated from the curb and have a 6'wide parkway strip in between. The addition of a 6' wide landscaping/parkway strip will cut into the slope of the proposed berm and will require an adjustment of the slope from 4:1 to 3:1. Alternatively, the Applicant/Developer could consider a meandering sidewalk, and use the meanders to adjust the sidewalk elevation and take up part of the grade difference along the berm. One of these alternatives shall be reflected in the final improvement plans that are subject to review and approval by the Director of Public Works, prior to the start of construction. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the establishment of use and the building opening to serve the public. 24.A public access easement shall be dedicated for any portion of the sidewalk outside of the public right of way. Responsible Agency: Public Works When required: Prior to the establishment of use and the building opening to serve the public 25. The final design of the westbound bus stop on Gleason Drive shall be approved by the Livermore-Amador Valley Transit Authority. The location of the bus stop may be modified by LAVTA, subject to approval of the Director of Public Works, and shall contain a bus shelter, trash receptacle, and appropriate lighting. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the establishment of use and the building opening to serve the public 26.ADA-compliant ramps shall be provided at the three driveway entrances on Gleason Drive and all interior intersections. Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 6 of 14 36. Prior to issuance of a Construction Permit by the Dublin San Ramon Services District or the commencement of construction, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 37. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all DSRSD fees have been paid. 38. The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 39. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 40. The proposed on-site fire line shall be dedicated to DSRSD by a Grant of Easement for operation & maintenance. 41. If any trash enclosures are to be connected to the sanitary sewer, they must have a grease and sand trap and the areas must be covered to prevent the entry of rainwater. 42. On-site sewer pipes shall have a 10-foot separation from the fire line. It is currently at 8 '/ feet separation between sewer pipes and fire water pipes. 43. Back flow prevention devices are not required on the recycled water system. Please remove the back flow preventer that is downstream from the recycled water irrigation meter. 44. The project is located within the District Recycled Water Use Zone (Ord. 280), which calls for installation of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available; as described in the DSRSD Water Master Plan Update, September 2000. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in compliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services requirements for recycled water irrigation design. 45. The sewer line at the northwest corner of the building shall not cut across the fire water line. Relocate the manhole to the north and divert the sewer from the trash enclosure area away from the water line. 46. Plans shall show profile views for the fire water line. Fire Prevention 47. Prior to the start of construction, plans shall be submitted to the Fire Department for review and approval. These submittals shall include the following: building construction plans; exit plan; fire flow calculation from California Fire Code Appendix III-A as well as available fire flow (this info can be obtained from DSRSD); standpipe installation plans; fire sprinkler installation plans; fire alarm installation plans. No work shall start on project until such time as the Fire Department has approved the plans. All access roads and fire hydrants shall be in place and operational prior to the start of vertical construction. Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 8 of 14 59. The perimeter of the site shall be fenced during construction, and security lighting and patrols shall be employed as necessary. The Applicant/Developer shall provide after hours call-out information to Police Services on an "Emergency Response Form." All information shall be kept current and up to date. Landscaping 60. Ensure that the ground cover material on the northernmost 120 feet of the median between the main entrance and exit drive close to the ground and does not achieve height over 30 inches. A low-lying cover will ensure that visibility is not obstructed. Installing hardscape (i.e. river rock or other decorative paving) in this area would also be acceptable and would guarantee that landscape does not grow to a height to compromise traffic safety. Responsible Agency: Planning When required: Prior to the establishment of use and the building opening to serve the public 61. The adopted Emerald Park Streetscape Design Guidelines for the current and former Alameda County Surplus Property Authority land (of which this parcel is a part) include design items that have not yet been integrated into the Project Landscape Plans. The Streetscape plans show a separated sidewalk along Gleason Drive and the Cinnamomum camphora (Camphor Tree) as the approved street tree. The Applicant/Developer will need to revise the Project Plans to show a separated sidewalk along the entirety of the Gleason Drive frontage. In the Emerald Park Streetscape Design Guidelines, a 13' wide parkway strip is shown. However, Staff is willing to accept a smaller 6' parkway strip between the street and the 6' wide sidewalk in the interests of retaining as much of the adjacent berm and bio-swale as possible. In this strip, the approved street tree Cinnamomum camphora (Camphor Tree) shall be planted along with the appropriate groundcover. These modifications to the Project Plans shall be made before an encroachment permit can be issued. Responsible Agency: Planning When required: Prior to the issuance of an encroachment permit and prior to the establishment of use and the building opening to serve the public 62. The Landscape Plans must be reviewed and approved by DSRSD, as some of the plant material illustrated may not be suited for irrigation with reclaimed water. DSRSD review and approval must be completed prior to installation of the plants. Responsible Agency: DSRSD When required: Prior to installation of the plant material Public Works Standard Conditions of Approval. The City of Dublin Public Works Department is the Responsible Agency for all of the following conditions. GENERAL: 63. The Developer shall comply with the City of Dublin Zoning and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of construction. All public improvements constructed by Applicant/Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 64. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 10 of 14 75. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 76. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetlights is 5%. 77. Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic interconnect system and for School District uses, shall be installed along any project arterial street frontage. The extent of this work to be determined by the City Engineer. 78. Street trees, of at least a 24" box size, shall be planted along the street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 79.Applicant/Developer shall construct gas, electric, cable TV and communication improvements as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. 80. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 81. All utility vaults, boxes and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. CONSTRUCTION: 82. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. The Applicant/Developer will be responsible for maintaining erosion and sediment control measures for one year following completion of construction. The County shall be responsible for maintaining adequate erosion control measures within the County property, although these measures will not be subject to inspection by the Public Works Department. 83. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 84. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. The City Engineer will consider requests for work outside of these hours on a case-by-case basis (but shall not be approved for work on Sundays) and advance notice must be provided to nearby residential properties in compliance with standard City policy. Approval of the request will be consistent with standard City policy and will not be unreasonably withheld. 85.Applicant/Developer shall prepare a Construction Noise Management Plan, to be approved by the City Engineer and Community Development Director, that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. 86.Applicant/Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 12 of 14 Exhibit A-1 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 page left blank intentionally Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 14 of 14 Exhibit A 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 PROJECT This agreement ("the Agreement") is entered into this 4th day of February 2014 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. The Annexation Agreement provides that with respect to the County Governmental Property (as defined) any county governmental uses proposed for the property shall be subject to site development review in accordance with the City's zoning ordinance. 3. In the Annexation Agreement, the parties also agreed "in concept that infrastructure shall be constructed as necessitated by development and to accommodate reasonably projected development and that the costs of such infrastructure should be borne by the properties benefiting therefrom in proportion to the benefit received." 4. In 2004, the County proposed to construct an East County Hall of Justice Project on the County Governmental Property. ("the 2004 Project"). Pursuant to the Annexation Agreement, the County has applied to the City for Site Development Review approval for the 2004 Project. On November 16, 2004, the City Council approved Resolution 220-04 approving the Site Development Review for the 2004 Project and the associated agreement between the City and County regarding enforcement of conditions of approval ("2004 Agreement"). The 2004 Agreement was extended by two amendments in May 2006 and November 2007, respectively. 5. In 2009, the County proposed an alternative design to construct the East County Hall of Justice Project on the County Governmental Property. ("the 2009 Project"). Pursuant to the Annexation Agreement, the County applied to the City for Site Development Review approval for the 2009 Project. On December 15, 2009, the City Council approved Resolution 187-09 approving the Site Development Review for the 2009 Project and the associated agreement between the City and County regarding enforcement of conditions of approval ("2009 Agreement"). The 2009 Agreement was extended by two amendments in November 2011 and May 2013, respectively. 6. In November 2013, the County informed the City that it planned to revise the 2009 Project. Pursuant to the Annexation Agreement, the County applied to the City for Site ECHOJ City of Dublin/Alameda County Agreement Page 1 of 4 Development Review(SDR)for a revised East County Hall of Justice Project on the County Governmental Property ("the 2014 Project"). The SDR for the Project was approved by the City Council on February 4, 2014 subject to certain conditions. The Project is the subject of this Agreement. 7. The City during the processing of the SDR determined that certain conditions of approval should be imposed upon the 2014 Project, including obligations to pay the City's development impact fees, which fund infrastructure that serves the County Governmental Property and other property in the City. The City believes that the Annexation Agreement authorizes the imposition of such conditions on the County. 8. The County believes that many of the conditions that the City desires to impose on the 2014 Project, including some of the development fees, are neither authorized by the Annexation Agreement nor otherwise by law. 9. In order to expedite the processing of the 2014 Project and to avoid further disputes, the County has agreed, for purposes of the 2014 Project only, to subject itself to certain conditions of approval (attached as Exhibit A-1 to this Agreement and incorporated herein by this reference) ("the Conditions"), which conditions include the payment of all or a portion of certain City development impact fees for infrastructure, and the City is willing to agree to impose only the Conditions, provided that a reasonable means of enforcing the Conditions against the County is available to the City. 10. The City typically enforces conditions of approval by refusing to issue further approvals, such as building permits and occupancy, until the conditions are satisfied, but the City does not have further approvals on this project. 11. To ensure that the City has adequate remedies to enforce the Conditions, the Parties desire to set forth their agreement that the Conditions may be enforced by specific performance. 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: AGREEMENT Section 1. County Subiect to the Conditions. Without in any way consenting to the City's interpretation of the Annexation Agreement, the County agrees to be subject to the Conditions. Section 2. Conditions May Be Enforced by Specific Performance. The Parties agree that, should the County refuse to comply with the Conditions, the City would not have adequate remedies at law and that the City's remedy for such a breach is to bring a lawsuit to enforce the Conditions and seek an order of specific performance. Section 3. Miscellaneous. a. Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, and the introductory paragraph preceding the Recitals, are hereby ECHOJ City of Dublin/Alameda County Agreement Page 2 of 4 incorporated into this Agreement as if fully set forth herein. b. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void, or unenforceable, either the City or the County may(in their sole and absolute discretion)terminate this Agreement by providing written notice of such termination to the other party. c. Construction. This Agreement has been reviewed and revised by legal counsel for both the City and the County, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. d. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. e. Attorneys'Fees. In any legal action or other proceeding brought by either party to enforce or interpret a provision of this Agreement, including an action brought by the City to enforce the Conditions, the prevailing party is entitled to reasonable attorneys'fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. f. Notices. All notices required or provided for under this Agreement shall be in writing. Such notices shall be given to the Parties at their addresses set forth below: If to the City, to: Christopher L. Foss Acting City Manager City of Dublin 100 Civic Plaza Dublin, CA 94569 Telephone: (925) 833-6650 Facsimile: (925)833-6651 If to the County, to: Aki Nakao Director, General Services Agency County of Alameda 1401 Lakeside Drive, 10th Floor Oakland, CA 94612 Telephone: (415) 733-9404 Facsimile: (415) 394-9000 A party may change its address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of forty-eight (48) hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. ECHOJ City of Dublin/Alameda County Agreement Page 3 of 4 which constitute in full, the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements of the Parties with respect to all or any part of the subject matter of this Agreement. The Parties specifically acknowledge that 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, dated November 16, 2004" and 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, dated December 15, 2009" are superseded by this Agreement. The exhibits to this Agreement consist of the following: (a) Conditions of Approval of Site Development Review for the East County Hall of Justice Project; and (b) Project Plans dated December 7, 2012. i. Waivers. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of the City and the County. 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: County Counsel City Clerk By: Approved as to Form: Deputy County Counsel City Attorney ECHOJ City of Dublin/Alameda County Agreement Page 4 of 4