HomeMy WebLinkAboutReso 176-05 EastDubBARTGarage
RESOLUTION NO. 176 - 05
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALAMEDA
COUNTY SURPLUS PROPERTY AUTHORITY REGARDING THE ENFORCEMENT OF
CONDITIONS OF APPROVAL FOR THE EAST DUBLIN BART GARAGE (PA 00-013)
WHEREAS, the Alameda County Surplus Property Authority has an approved Planned
Development Stage One for the 90.65-acre high-density mixed-use pedestrian and transit-oriented
development located directly north and east of the East DublinlPleasanton BART station.
WHEREAS, the Project area boundaries include Dublin Boulevard and Parks RFT A to the north,
Arnold Road to the east, 1-580 to the south, and the Iron Horse Recreational Trail to the west. Existing
uses on the site include the East Dublin-Pleasanton BART station, a major public bus transfer station,
associated surface parking Jots and other facilities generally near 1-580, and vacant land; and
WHEREAS, the project is subject to an Annexation Agreement that was approved between
Alameda County and the City of Dublin in 1993; and
WHEREAS, the Annexation Agreement requires that any development proposed for the Transit
Center property (including the proposed site of the BART garage) shall be processed in accordance with
the City's rules, regulations, and resolutions, ordinances or other enactments relating to land use,
including but not limited to City's General Plan, any applicable Specific Plan, Municipal Code, Zoning
Ordinance, Building Code, Electrical Code, Mechanical Code and Housing Code; and
WHEREAS, the City of Dublin is desirous of allowing certain of these requirements to be waived
for the BART Parking Garage because the intent of some of the regulations and requirements are satisfied
by other mechanisms; and
WHEREAS, the City of Dublin is willing to waive the City's requirements that a Specific Plan
Development Agreement be required; and
WHEREAS, the City of Dublin is willing to waive the City's requirements over building permit
and inspection with the exception of fire suppression systems; and
WHEREAS, as a result of the waiver of building permit and inspection systems it is necessary to
secure performance with certain conditions of approval that will be placed on any Site Development
Review Permit.
NOW, THEREFORE, BE IT RESOLVED, that City Council approves and authorizes the
Mayor to execute the Agreement (Exhibit A to this Resolution) between the City of Dublin and the
Coumy of Alameda regarding the waiver of certain requirements of the Annexation Agreement and the
enforcement of Conditions of Approval for the BART garage.
PASSED, APPROVED, AND ADOPTED this 16th day of August, 2005 by the following vote:
AYES: CouncilmembeTS Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
AA\l~1\~
~. City Clerk
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AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE ALAMEDA COUNTY
SURPLUS PROPERTY AUTHORITY REGARDING THE ENFORCEMENT OF
CONDITIONS OF APPROVAL FOR THE EAST DUBLIN BART GARAGE
This agreement ("the Agreement") is entered into this 16th day of August, 2005
by and between the City of Dublin, a municipal corporation ("City"), and the Surplus
Property Authority ("SPA") of Alameda County, a public corporation. The City and the
SPA 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 ("Annexation Agreement").
2. Section 9(b) of the Annexation Agreement provides that "[aJny
governmental uses proposed [for the Camp Parks Property] shall be processed in
accordance with City's rules, regulations, resolutions, ordinances or other enactments
relating to land use, including but not limited to City's general plan, any applicable
specific plan, Municipal Code, Zoning Ordinance, Building Code, Electrical Code,
Mechanical Code and Housing Code; Section 9(b) further provides that the SPA "will
assure that governmental uses of the [Camp Parks Property] by any governmental
entity other than County are subject to City's land use rules, regulations, resolutions
ordinances or other enactments by the inclusion of a condition to that effect in any deed
to or lease of, such property or other similar mechanism."
3. Section 10 of the Annexation Agreement specifies that Section 9 of the
Annexation Agreement shall apply to any interest in the Camp Parks Property (as
defined) acquired by the SPA where the use is governmental.
4. Subsequent to the Annexation Agreement, the SPA acquired a 90.:!: acre
portion of the Camp Parks Property now known as the Dublin Transit Center, a portion
of which was then transferred to the Bay Area Rapid Transit District ("BART") by the
SPA for use as the East Dublin/Pleasanton BART station, a governmental use. No
condition or similar mechanism requiring BART to comply with City's land use
regulations was included in the doclJments transferring such property from the SPA to
BART.
5. In 2002, the City approved a General Plan Amendment, a.Specific Plan
Amendment, and Stage 1 PD zoning for the Dublin Transit Center project as a mixed-
use transit-oriented development, including a new East Dublin BART Garage ("Garage")
to replace existing BART surface parking lots_
6_ The SPA has applied for, and the City is presently reviewing, a Stage II
PD Zoning and Site Development Review ("SDR") for the Garage, which will be
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August 16, 2005
considered and acted upon by the City's Planning Commission. If approved, the
Planning Commission approvals will contain certain conditions of approval
("Conditions").
7. The City has determined to partially waive the provisions of Section 9 of
the Annexation Agreement as to the Garage: the provisions that the City has
determined to waive as to the Garage are: (a) the requirement of the Eastern Dublin
Specific Plan that the developer of the Garage enter into a development agreement:
and (b) the requirement that the Garage is subject to the City's uniform codes applicable
to construction of buildings, including but not limited to City's Building Code requirement
for issuance of a building permit and certificate of occupancy_
8. There shall be no inference that, by agreeing to waive the preceding
provisions, 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.
R The SPA and BART have agreed that the SPA will construct the Garage
and that BART will inspect the construction to insure that it is constructed to BART's
standards.
10. Following construction, the SPA will convey the Garage, together with the
property that the SPA owns on which the Garage will be constructed, to BART.
11_ To ensure that the City has adequate remedies to enforce the Conditions,
given the City's waiver of its rights under the Annexation Agreement, including its right
to require compliance with all its land use and building regulations, the Parties enter into
this agreement.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration
of the mutual promises, obligations and covenants herein contained, the City and the
SPA agree as follows:
AGREEMENT
Section 1. Garaoe not subiect to City's Uniform Codes. The City's Building
Code, Electrical Code, Plumbing Code and Mechanical Code shall not be applicable to
the construction of the Garage. Notwithstanding the foregoing, the requirements of the
Alameda County's Uniform Fire Code will be applicable to the Garage, as applied and
interpreted by the Alameda County Fire Department including but not limited to the
installation of a fire protection system that includes a monitored automatic fire sprinkler
system to be installed as per NFPA 13, as a well as a Class I standpipe system.
Section 2. Garace not subiect to Proiect DeveloDment Acreement. The
provisions of Section 11.3.1 of the Eastern Dublin Specific Plan, requiring a
development agreement, shall not be applicable to the Garage.
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August 16, 2005
Section 3. Garaae Subiect to Conditions, The SPA agrees to be subject to the
Conditions, provided that SPA in its discretion determines that such conditions are
reasonable. The Conditions shall be conclusively presumed to be reasonable if, prior to
the City's approval of the SDR, SPA fails to object to the Conditions. Upon the City's
approval of SDR the Conditions shall be automatically incorporated into this Agreement
and shall be appended hereto as Exhibit A. If SPA objects to the Conditions prior to the
City's approval of the SDR, and the City nonetheless approves the SDR, this
Agreement shall be null and void.
Section 4. Conditions Mav Be Enforced bv Soecific Performance. The Parties
agree that, should the SPA refuse to comply with the Conditions, the City would not
have adequate remedies at law. The Parties therefore agree that, should the City bring
a lawsuit to enforce the Conditions, the City may, beyond any of the other remedies
available to it at law or equity, seek an order of specific performance.
Section 5. Timina of Convevance of Garaae and SPA Prooertv to BART for
Garaae. SPA agrees not to convey the Garage or the property it owns on which the
Garage will be constructed to BART until all the Conditions have been satisfied. City
will inform the SPA in writing when City considers all Conditions to be satisfied.
Section 6. Miscellaneous,
a. Incorporation of Recitals and Introductory Paragraph. The Recitals
contained in this Agreement, and the introductory paragraph preceding the Recitals, are
hereby 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 SPA 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 City and the SPA, 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
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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:
Richard C. Ambrose
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94569
Telephone: (925) 833-6650
Facsimile: (925) 833-6651
If to the SPA, to:
James Sorensen, Manager
Alameda County Surplus Property Authority
224 West Winton Ave #110
Hayward, CA 94544
Telephone: (510) 670-5333
Facsimile: (510) 670-6374
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 offorty-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.
g. Counterparls. This Agreement may be executed in multiple counterparts
and counterpart signature pages may be assembled to form a single original document.
h. Entire Agreement;Exhibits. This Agreement consists of 5 pages and one
exhibit, which constitute in full, the final and exclusive understanding and agreement of
the Parties. This Agreement supersedes all negotiations or previous agreements of the
Parties with respect to all or any part ofthe subject matter of this Agreement, but does
not supersede or amend the Annexation Agreement. The exhibit to this Agreement
consists of the following: Exhibit A. Planning Commission Resolution No. _'
Conditions of Approval of Site Development Review for the East Dublin BART Garage
[To be appended upon City approva~.
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 SPA.
[EXECUTION PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
CITY OF DUBLIN
ALAMEDA COUNTY SURPLUS
PROPERTY AUTHORITY
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Manager
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City lerk
Approved as to Form:
Approved as to Form:
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County Counsel
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City Attdrney
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August 16, 2005
EXHIBIT A
Conditions of Approval for BART Parking Garage
[to be appended upon approva~