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HomeMy WebLinkAboutReso 185-11 East Cty Hall of Justice RESOLUTION NO. 185-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********** APPROVING AN AMENDMENT TO THE CITY/COUNTY AGREEMENT REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST COUNTY HALL OF JUSTICE (ALAMEDA COUNTY COURTHOUSE) PA 02-030 WHEREAS, on November 23, 2009, Alameda County submitted an application to the City of Dublin requesting Site Development Review approval to construct the East County Hall of Justice, a 196,219 square foot building comprised of courtrooms, offices, and associated facilities on 21.77 acres located on the north side of Gleason Drive between Madigan and Arnold Drives; and WHEREAS, the City Council reviewed and approved the East County Hall of Justice Site Development Review application at a public hearing on December 15, 2009 (Resolution 187- 09, incorporated herein by reference); 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 twenty-four (24) months from the date of City Council action; and ' WHEREAS, David Savellano, on behalf of the Alameda County General Services Agency, requested on September 6, 2011 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 November 1, 2011; 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 does hereby approve, and authorizes the Mayor to execute, 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 (Exhibit A to this Resolution and incorporated herein by reference). Page 1 of 2 PASSED, APPROVED AND ADOPTED this 1st day of November 2011 by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ~~, Mayor ATTa: I/UJ {/~ City Clerk Reso No. 185-11, Adopted 11-1-11, Item 7.2 Page 2 of 2 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 1st day of November 2011 by and between the City of Dublin, a municipal corporation (lithe 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 lithe 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 (lithe Project") and submitted an SDR application to the City. 4. In 2009, the County proposed revisions to the previously-approved Project and submitted a revised SDR application to the City, which was approved by the City Council. 5. In conjunction with the City's 2009 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", attached and incorporated herein by reference). 6. 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. 7. 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 twenty four (24) months from the date approved by the City Council, which was December 15, 2009. 8. Since the SDR Approval would expire on December 15, 2011 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. 9. 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 eighteen (18) months beyond the initial twenty-four (24) month expiration provided for in the 2009 Agreement. 10. 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 agreeing to the amendment. 11. 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 forty-two (42) 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: DONNA ZIEGLER County Counsel City Clerk Approved as to Form: by City Attorney