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Home My WebLink AboutItem 8.1 Alameda County Courthouse l\"- OF Dl/lJn (} JQ: w.jJ 1Il~I~~\~ 19~ ~82 ,~, 0tllmR'i<~ CITY CLERK File # D[6[Q]~-~lQj AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 2,2006 SUBJECT: P A 02-030 - Amendment to the City/County Agreement regarding the enforcement or Conditions of Approval for the East County Hall of Justice (Alameda County Courthouse) Report Prepared bv Kristi Bascom, Senior Planner ATTACHMENTS: I Resolution approving an 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 RECOMMENDA nON: ~ I Receive Staff presentation 2. Receive public input 3 Adopt the ResolutIOn (Attachment 1) approving an 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 or 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 Duhlin 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. 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. Because of the unique nature of this __________________________________________w~w_._______________________________________________~w..___________ COpy TO: Alameda County File Page I 01'2 ITEMNO.B.1 (j;\PA#\2002\02-030 Alamc:da Co C(1un HO\l~e\CC SDR Rxl.t:nsilln 5-2-u6\CCSR SDR extension.doc project, where the City of Dublin had Site Development Review authority but would not be issumg subsequent building pernIits, an alternative method of ensuring the Applicant's compliance with the Conditions of Approval for the project had to be developed. The City Attorney, jn cooperation with Alameda County Counsel, drafted an agreement regarding the enforcement of Conditions 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 bv the City Council. If constrnction. or demonstrated progress toward commencing such construction. has not commenced by that time. this approval shall be null and void. [fan additional extension is desired, the Countv can make the request to he considered hy 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 is May 16,2006. The County has submllted a formal request to extend the approval for an additional 18 months (Attachment 2). 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 addresses only one issue: extending the expiration date of the Site Development ReVIew approval for an additional 18 months. AU other aspects of the original AgreenIent and the original Conditions of Approval remain in effect. If the County's request is approved, the new expiration date of the County Courthouse Site Development Review approval will be November 16,2007 Subsequent to the City Council's approval of the amendment to the Agreement, the amendment to the Agreement will be acted on hy the County Board of Supervisors. The amendment to the Agreement and the extension of the Site Development Review approval tern1 will become effective only after the amendment to the Agreement is executed by both parties. RECOMMENDATION: Staff recommends that the City Council. (1) ReceIve the Staff presentation, (2) Receive public input, and (3) Adopt the Resolul1on (Attachment I) approving an 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) 2~2 IDb5 RESOLUTION NO. -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** APPROVING AN AMENDMENT TO THE CITY/COUNTY AGREEMENT REGARDING THE ENFORCEMENT OJ<" CONDInONS OF APPROVAL FOR THE EAST COUNTY HALL OF JUSTICE (ALAMEDA COUNTY COURTHOUSE) PA 02-030 WHEREAS, in July 2003, Alanleda 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 Dnve mcorporating a 208,408 square foot building compnsed 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 Iii, 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, has requested an amendment to the City/County Agreement to extend the Site Development ReVIew approval term for the East County Hall of Justice (County Courthouse) hy an additiona118 months; and WHEREAS, the City Attorney has drafted, and Alameda County Counsel has concurred with, an amendment to said Agreement to extend the term of the Site Development ReView approval for an addlhonal 18 months while leaving all other provisions of the original Agreement and project Conditions (If Approval intact; and WHEREAS, the City Council did hear and consider all said reports, recommendahons and testImony heremabove set forth and used its independent judgment to make a decision. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve, and authonzes the Mayor to execute, the amendment to the Agreement hetween the City of Dublin and the County of Alameda regarding the enforcement of Condil1lms of Approval for the East County Hall of Justice (Exhibit A to this ResolutIOn). PASSED, APPROVED AND ADOPTED thIS 2nd day of May 2006 by the following vote: AYES. NOES: ABSENT ABSTAIN '8, I S/7../DLo Attachment 1 ATTEST: 'LObe:;; City Clerk Ci:\PA#\2002\UZ.030 Alameda ell CULll1 HousclCC snR ExtCr1!iinn 5-2""(J6\CC Resu SDR extension,doc 2 Mayor - 3aoO 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 AMENDMENT is entered into this 2nd day of May 2006 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 ("SOW) process under the City's Zoning Ordinance. 3 In 2004, the County proposed the development of the East County Government Center ("the Projecr') 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 Ihe 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 expire on May 16, 2006 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. 8. The City is amenable to extending the life of the SDR, and therefore it 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 9 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 I Exhibit A ~~5 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. 10 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 is hereby added to the Agreement 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 thirty six (36) 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 -- ........ ~Db~ AKI K.. N ol,.KAO [)Jr~,t"r 141\ 1 L.4KfS[CIE DR1VF (lo\K1.ANI) CAL.II-'{ JRNIA )461";' S] () :I,fl!i g700 FAX 510 :2u~ F'l J www ~("..8nv fHg! g!ial March 28, 2006 Mr. Richard Amhrose, City Manager City ofDuhhn 100 Civic Plaza Dublin, California '-.14568 Dear Mr. Ambros,,: SUBJECT REQUEST FOR AMENDMENT TO THE CITY/COUNTY AGREEMENT EAST COUNTY HALL OF JUSTICE The County of Alameda is hereby requesting an amendment to the Clty/C(lunty Agreemcnt to extend the Site Development Review (SDR) approval date for the East County Hall of .TlIsticc by 18 months, from May 16, 2006 to November 16,2007 All other provisions of the SDR approval shall remam the same. Sincerely, AKN :mg:] :\I-':&f-i,M\l ~RSPN [)( '\.J K A(:H I K \p R()J hC"l"S\BCHOJ\dublin lu328116 EClIOJcxtcllsion Requelit.dtlc cc: Jeri Rani, Dircctor, Community Development, City of Dublin Kristi Bascom, Planner, Planmng Department, City of Dublin Keith Carson, President, Board of Supervisors Susan S. Muranishi, County Administrator .James R. Kachik, Dcputy Director, GSA-TSD Gerald K. Loeper, SupervIsing Architect, GSA- TSD Attachment 2 AECErVF:1 MAR 3 J 2006 DUBLIN PLA..,..,",