AGENDA January 26, 2010 - ACGOV.org...Section I credits (as to Section I TIFs), a reduction in the Surplus Property Authority's Section II loan to the City of Dublin (as to Section

AGENDA # January 26, 2010

1401 LAKESIDE DRIVE, OAKLAND, CALIFORNIA 94612 510208 9700 FAX 510208 9711 www.acgov.org/gsa/

January 14,2010

Honorable Board of Supervisors County ofAlameda 1221 Oak Street, Suite 536 Oakland, California 94612-4305

Dear Board Members:

SUBJECT: APPROVE AN AGREEMENT WITH THE CITY OF DUBLIN REGARDING CONDITIONS OF APPROVAL FOR THE EAST COUNTY HALL OF JUSTICE; PROJECT NO. CPP99C515500000

RECOMMENDATIONS:

A. Approve an Agreement between the City of Dublin and the County ofAlameda to fund specified infrastructure improvements and accept the City's Conditions ofApproval for the East County Hall of Justice as attached;

B. Authorize the President of the Board to execute the Agreement with the City ofDublin; and

C. Authorize the Director of the General Services Agency (GSA) to advertise for Bridging Architectural and Construction Management consulting services.

DISCUSSION/SUMMARY:

On November 30,2004 (Item #12, File #19440), your Board approved an agreement with the City of Dublin to fund specified infrastructure improvements and accepted the City's Conditions ofApproval related to their Site Development Review (SDR) for the East County Hall of Justice (ECHOJ). On April 19, 2005, your Board authorized (Item #10 A-B, File #19695) assignment of the primary architectural and engineering services contract to Muller and Caulfield Architects (M&C) following the bankruptcy of the lead firm HLM Design USA. Subsequent to that action, M&C completed the bridging documents.

Further development of the project has been delayed pending resolution of funding issues and the process of transferring Courts to the State of California Administrative Office of the Courts (AOC). Two time extensions were granted by the City that were due to expire in May 2009. In June 2008, the Superior Court commissioned KMD Architects to study the feasibility of building a smaller courthouse. This design preserves both the entitlements and architectural program of the original 2004 approved SDR design, but in a more compact building.

Honorable Board Members Page 2 January 14, 2010 Approve City of Dublin Agreement East County Hall of Justice Project No. CPP99C515500000

On December 8,2009, your Board accepted and certified (Item #8, File #25571) the Environmental Impact Report/Statement (EIRIS) addendum and re-certified the EIRIS and approved (Item #9, File #25572) a non-binding term sheet for the development of the ECHOJ.

At its December 15, 2009 meeting, the Dublin City Council adopted two resolutions: one to certify that the City Council reviewed and considered the EIRIS addendum to the previously approved 2003 EIRIS for the Alameda County Juvenile Justice Facility and ECHOJ and the other to approve the SDR amendment and associated Agreement between the City of Dublin and the County regarding the enforcement of the conditions of approval for this updated design ofECHOJ.

The full agreement with Conditions ofApproval is attached to this letter. Under the agreement, the County agrees to pay approximately $3,309,131 to satisfy the City of Dublin's request for Traffic Improvement Fees (TIF). The County, at its discretion, will use Surplus Property Authority TIF Section I credits (as to Section I TIFs), a reduction in the Surplus Property Authority's Section II loan to the City of Dublin (as to Section II TIPs), and/or cash to meet these obligations. The County will also pay the City approximately $955,200 for the Tri-Valley Transportation Development (TVTD) Fee, the Pleasanton Interchange Fee, and the Fire Facilities Fee.

Under the agreenlent, the Conditions ofApproval have been modified to remove any obligation that the County would have to construct certain traffic improvements required by the EIR. In addition, the City waives its Public Facilities Fee and Noise Mitigation Fee (estimated to be approximately $801,858). In agreeing to this approach, the County does not waive any of its rights under law, and does not waive the provisions of the "Agreement between Surplus Property Authority ofAlameda County and City of Dublin Regarding Transfer ofProperty Tax Revenues Upon Annexation, Provision Services and Other Matters" dated May 4, 1992.

Pursuant to the execution of these agreements with the City of Dublin, the County is ready to advertise for Bridging Architectural/Engineering services and Program Support/Construction Management services, and your Board's authorization is requested for this action. Following the procurement process GSA will return to your Board with recommendations for award of these contracts.

FINANCING:

The acceptance of this Agreement, including the City's Conditions ofApproval, will result in a financial obligation by the County if the project proceeds to construction. Final calculation of the exact fee billings is per formulae contained in the Agreement, and is based on the final size of the project as well as certain time-related factors such as annual inflation. The estimated cost of these fees has been recognized in the current project budget.

The East County Courthouse Term Sheet includes a plan of finance for constructing the project in which the State/Court parties agree to pay the full project costs related to the court building (estimated at 80 percent) and the County assumes responsibility for the cost of the County building

Honorable Board Members Page 3 January 14,2010 Approve City of Dublin Agreement East County Hall of Justice Project No. CPP99C515500000

(the remaining 20 percent). The fees required by the City of Dublin will be apportioned according to this formula and any fees paid from Surplus Property credits will offset the County's share of costs. There are sufficient Courthouse Construction funds available to cover the State/Court share of fees related to this agreement.

Respectfully submitted,

/1/ ( "'~. \ ",

~.~~ . . Nakao ~~

Dir6ctor, General Services Agency Director, Community Development Agency

AKN:JRK.:DS:cs:I:\Board Letters\TSD\5155 dublin city agreement.doc

Attachment

cc: Susan S. Muranishi, County Administrator Richard E. Winnie, County Counsel Patrick O'Connell, Auditor-Controller Pat Sweeten, Executive Officer, Superior Court Honorable Jon Rolefson, Presiding Judge, Superior Court

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 15th day of December, 2009 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 bene'fiting 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 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 April 2009, the County informed the City that it planned to revise the 2004 Project. Pursuant to the Annexation Agreement, the County applied to the City for Site Development Review (SDR) for a revised East County Hall of Justice Project on the County Governmental Property ("the Project"). The SDR for the Project was approved by the City Council on December 15, 2009 subject to certain conditions. The Project is the subject of this Agreement.

6. The City during the processing of the SDR determined that certain conditions of approval should be imposed upon the 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.

ECHOJ City of Dublin/Alameda County Agreement Page 1 of4

7. The County believes that many of the conditions that the City desires to impose on the Project, including some of the development fees, are neither authorized by the Annexation Agreement nor otherwise by law.

8. In order to expedite the processing of the Project and to avoid further disputes, the County has agreed, for purposes of this 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.

9. The City typically enforces conditions of approval by refusing to issue further approvals, such as building perrriits and occupancy, until the conditions are satisfied, but the City does not have further approvals on this project.

10. 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 Subject 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 re'fuse to comply with the Conditions, the City would not have adequate remedies at law and that the City's ren1edy 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 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

ECHOJ City of Dublin/Alameda County Agreement Page 2 of 4

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: Joni Pattillo 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.

g. Counterparts. 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 4 pages and one exhibit 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, is 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.

i. Waivers. All waivers of the provisions of this Agreement shall be in writing and

ECHOJ City of Dublin/Alameda County Agreement Page 3 of 4

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:

----=-~--~-Mayor

ATIEST:

~[f0J City Clerk

Approved as to Form:

COUNTY OF ALAMEDA

Chair of the Board of Supervisors

Approved as to Form: RICHARD E. WINNIE County Counsel

BY:~~U~ .s~. Deputy County Counsel

~.

ECHOJ City of Dublin/Alameda County Agreement Page 4 of4

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 PA 02-030 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 project elevations/renderings dated November 23,2009, submitted by KMD Architects, stamped approved, and on file in the Planning Department (hereinafter referred to as the "Project Plans"). Also considered part of the Project Plans is the Color and Materials Board dated November 23 2009, submitted by KMD Architects, 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 entered into a written agreement regarding the enforcement of these conditions. This Site Development Review approval supersedes the previous Site Development Review approval (City Council Resolution 220-04 dated November 16,2004). 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 COWlty 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 Section 8.96.020.1 of 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 ApplicantlDeveloper 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 ApplicantlDeveloper 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

Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 1 of 14

County will receive credit for any TIF improvements constructed as required by these 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 EIRIEIS 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.l.5a: Fair share contribution to Scarlett Drive extension

Improvement to be funded through payment of EDTIF fee.

MM 9.1.5b: Fair share contribution to Tassajara/Dublin intersection

Improvement inconsistent with the City's Capital Improvement Program for roadway improvements

MM l7.3.5a and l7.3.6a: Fair share contribution to Dougherty/Dublin

Improvement to be funded through payment ofEDTIF fee.

MM l7.3.5a and 17.3.6a: Fair share contribution to HaciendalI580 WE OR


MM l7.3.5a and l7.3.6a: Fair share contribution to Tassa,jara/Central


MM l7.3.5a and l7.3.6a: Fair share contribution to Tassaiara/Dublin


MM l7.3.5a and l7.3.6a: Fair share contribution to Santa RitalI580 EB/ Pimlico OR

Improvement inconsistent with the City's Capital Improvement Program for roadway improverrents

MM l7.3.5a and l7.3.6a: Fair share contribution to HopyardlI580 EB OR


MM l7.3.5b and l7.3.6b: Fair share contribution C to Tassaiara/Gleason



MM 17.3.5b and 17.3.6b: Fair share contribution to HaciendalI580 EB OR


MM 17.3.5b and 17.3.6b: Fair share contribution to HaciendalDublin

Improvement to be funded through payment of EDTIF fee.

Responsible Agency: Planning When required: Through construction and ongoing

7. Compliance with the Eastern Dublin Specific Plan General Plan Amendment EIR. As required by the Site Development Review findings, the East County Hall of Justice project shall be in compliance with the General Plan and Eastern Dublin Specific Plan, and therefore must also be in compliance with the Eastern Dublin Specific Plan General Plan Amendment EIR and the associated Mitigation Monitoring Program. Responsible Agency: Planning When required: Through construction and ongoing

8. Photovoltaic conduit installed. To ensure that the buildings are "PV/Solar Ready," the Project Applicant will size the conduit pathways inside the buildings to accommodate installation for potential future PV systems. Responsible Agency: PlanninglBuilding When required: Through construction and ongoing

9. Review of Design/Build drawings. The Project Plans have been acknowledged by the Applicant to be conceptual only, and the County is pursing a design/build approach to the development of the project. In order for the City to ensure that the design/build plans are in compliance with the City's Site Development Review approval, once they are developed, the plans shall be submitted to the City for review and comment by the Community Development Director or hislher designee. The plans shall be submitted for review prior to issuance of a building permit through Alameda County and prior to start of construction. Responsible Agency: Planning When required: Prior to issuance of a building permit through Alameda County and prior to start of construction

10. Changes to Project Plans. A minor physical change to the approved building design, site or building details (such as color or materials), or Project Plans can be considered by the Community Development Director or hislher designee as a Site Development Review Waiver. Any amendment to the approved plans which is not considered by the Community Development Director to be a minor physical change shall be reviewed per Section 8.104.090 (Amendment) of the Dublin Municipal Code, which would include full review and approval by the decision-making body of the original application, in this case the City Council. Responsible Agency: Planning When required: Prior to the establishment of use and the building opening to serve the public

11. Site Development Review Waiver for "Green Enhancements". The City supports the County's efforts to achieve a LEED Silver certification for the project. Should the Applicant desire to makes changes to the Project Plans to incorporate sustainable practices, such as the installation of solar photovoltaic facilities, wind micro-turbines, the installation of a green roof, or other "green" efforts, said changes to the Project Plans can be reviewed and approved by the Community Development Director or hislher designee as a Site Development Review Waiver. 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 hislher 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 hislher 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 (Similar to the signage shown in the graphic on Sheet 2 of the Project Plan Set). 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 Project Plans dated November 23, 2009, submitted by KMD Architects, 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 Gust west of Hacienda Drive) shall be modified to provide an eastbound left-tum 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.

• Modify the northbound approach of Hacienda Drive (project-specific improvement) The northbound approach of Hacienda Drive at the Gleason Drive intersection shall be widened to provide the following lane configurations: - 275' long, 11' wide left-turn pocket lane, plus 90' transition taper - Two thru lanes, 11' wide each - 4' wide bicycle lane - 275' long, 12' wide right-turn lane, plus existing transition taper Alternatively, the northbound approach of Hacienda Drive at the Gleason Drive intersection could be widened to provide the following lane configurations if the proposed inbound project driveway, opposite Hacienda Drive, is shifted easterly by a distance of approximately 12 to 15 feet: - 12' wide trap left-turn lane - 12' wide thru lane - 12' wide shared thru/right-turn lane - 5' wide bicycle lane Improvements shall include modifications as needed to the existing roadway striping and SIgnIng. The raised median island on Hacienda Drive Gust south of Gleason Drive) shall be modified to accommodate the above improvements, including modifications to the existing landscaping, irrigation systems, street lighting, and other facilities, as determined by the City Engineer.

b. Modify GleasonlHacienda traffic signal (project-specific improvement) The existing traffic signal at the Gleason DrivelHacienda Drive intersection shall be modified, as needed, to accommodate the new fourth leg of the intersection, the new eastbound left-turn lane, and the additional lanes at the northbound Hacienda Drive approach.

Responsible Agency: Public Works When required: Prior to establishment of the use and the building opening to the public

19. The Applicant/Developer shall submit final Improvement Plans, prepared by a licensed civil engineer, for all work within the public right-of-way or easements, for review and approval by the Director of Public Works. The improvement plan package shall include additional plan sets as necessary for traffic signals, landscaping, joint trench, or other improvements as needed, prepared by the appropriate licensed design professional.

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.

20. Pursuant to Section 7.16.620 of the Dublin Municipal Code, the Applicant/Developer shall enter into an Improvement Agreement with the City to guarantee completion of the required improvements. The agreement and security shall be provided prior to issuance of an encroachment permit for work in the public right-of-way, and prior to start of any work in the public right-ofway. The Agreement will require an improvement security to be posted by the Applicant! Developer's contractor to guarantee the faithful performance of the permitted work and the payment for labor and materials. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate


surety authorized to do business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the work. The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the work, and all work completed in the public right of way shall be subject to the payment of prevailing wages. The ApplicantlDeveloper shall provide an estimate of these costs with the submittal of the Improvement Plans.

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.


21. The ApplicantlDeveloper shall obtain an encroachment permit for all work within the public rightof-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.


22. The ApplicantlDeveloper 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-ofway 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 ApplicantlDeveloper 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 LivermoreAmador 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.

Responsible Agency: When required: the public

Public Works Prior to the establishment of use and the building opening to serve

27. A traffic signal easement shall be dedicated to the City over the new southbound approach to the Gleason DrivelHacienda Drive intersection, of adequate size, as determined by the City Engineer, to include all signal poles, conduit, pullboxes, detector loops, and other improvements.

Responsible Agency: Public Works When required: Prior to establishment of the use and the building opening to the public

Dublin San Ramon Services District (DSRSD)

The following conditions shall be complied with prior to establishment of use and the building opening to serve the public to the satisfaction of Dublin San Ramon Services District (DSRSD), unless another timeframe is specified in the condition:

28. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies.

29. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning.

30. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station.

31. Domestic and fire protection waterline systems shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice.

32. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an offstreet or private street location to provide access for future maintenance andlor replacement.

33. Prior to issuance of a Construction Pernlit by the Dublin San Ramon Services District or the commencement of construction, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD.


34. All easement dedications for DSRSD facilities shall be by separate instrunlent irrevocably offered to DSRSD or by offer of dedication.

35. Prior to issuance of a Construction Permit by the Dublin San Ramon Services District or the commencement of construction, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code.

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 Y2 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 comer 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 ofvertical construction. Responsible Agency: Fire When required: Prior to the start of construction

Alameda County Flood Control and Water Conservation District (Zone 7) 48. Zone 7 records indicate there are no water wells or monitoring wells located within the project

boundaries. If any wells are found within the project limits, they should be reported to Zone 7. All unused or abandoned wells must be properly destroyed. Any new planned well, soil boring, or well destruction must be permitted by Zone 7 before starting the work. There are no fees for Zone 7 drilling permits. Responsible Agency: Zone 7 When required: . Ongoing

49. The ApplicantlDeveloper shall comply with all ACFC&WCD (Zone 7) requirements and applicable fees, unless otherwise approved by Zone 7 and/or the Director of Public Works. Responsible Agency: Zone 7 When required: Ongoing

50. Improvements creating new impervious areas within the Livermore-Amador Valley are subject to the assessment of the Development Impact Fee for Flood Protection and Storm Water Drainage. Fees are dependent on whether post-project impervious area exceeds pre-project impervious area and/or whether fees have previously been paid. Responsible Agency: Zone 7 When required: Prior to construction

Dublin Police Services The following conditions shall be complied with prior to the establishment of use and the building opening to serve the public and maintained on an ongoing basis to the satisfaction of Dublin Police Services:

51. The ApplicantlDeveloper shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements.

52. Employee exit doors shall be equipped with 180-degree viewers if there is not a burglary resistant window panel in the door from which to scan the exterior.

53. Exterior lighting is required over all doors. The applicant shall submit a final lighting plan for approval by the Dublin Police. Lighting of all exterior areas shall be designed to maximize surveillance and reduce conflicts with building design, mature landscaping, and to minimize glare.

54. Security lighting shall be provided in parking lot areas at 1.0 candle lights at ground level. Lighting fixtures shall be of a vandal resistant type.


55. Landscaping features and outdoor amenities shall be designed to reduce their attractiveness to skateboarders and vandals.

56. Exterior landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. Shrubs and ground cover shall not directly cover windows and doorways. River rock used near parking lots or commercial buildings shall be permanently affixed.

57. All entrances to the parking areas shall be posted with appropriate signs per Sec. 22658(a) of the California Vehicle Code, to assist in removing vehicles at the property owner's/manager's request.

58. The ApplicantlDeveloper shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times.

59. The perimeter of the site shall be fenced during construction, and security lighting and patrols shall be employed as necessary. The ApplicantlDeveloper 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 (Le. 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 ApplicantlDeveloper 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 sho~. 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 ofApproval. 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 ApplicantlDeveloper 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 ApplicantlDeveloper 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 Code Section 66499.37 or other applicable law; provided, however, that the ApplicantlDeveloper's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings.

65. Review and inspection of improvements by the Public Works Department shall be limited to improvements located within the public right-of-way or easements dedicated to the City of Dublin. The following standard conditions of approval shall apply only to those improvements located within the public right-of-way or easements. The Public Works Department shall not have jurisdiction over design and construction of improvements located within County property. The County shall be responsible for ensuring that all improvements on County property are constructed in conformance with the approved Site Development Review and in conformance with any applicable codes, ordinances, or laws. In the event of conflict between these standard conditions and the project specific conditions of approval, the project specific conditions shall apply.

SUBMITTALS:

66. All submittals of plans shall comply with the requirements of the "City of Dublin Public Works Departnlent Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan Review Check List".

67. The ApplicantlDeveloper will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans.

68. ApplicantlDeveloper shall submit a Geotechnical Report, which includes street pavement sections.

69. ApplicantlDeveloper shall provide the Public Works Department a digital vectorized file of the "master" files for the project when the final site plan has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot.

GRADING PLANS:


70. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report and the approved Site Development Review. A detailed Erosion Control Plan shall be submitted prior to start of construction. On-site grading and erosion control plans will not be submitted to the Public Works Department for review, except as needed to ensure conformance with improvements in the public right-of-way or easements.

IMPROVEMENTS

71. The public improvements shall be constructed generally as shown on the Project Plans dated November 23,2009. However, the approval of the Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street improvements.

72. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer.

73. The Applicant/Developer shall install all traffic signs and pavement marking as required by the City Engineer.

74. Applicant/Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements.

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. ApplicantlDeveloper shall prepare a Construction Noise Management Plan, to be approved by the City Engineer and Community Development Director, which 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 nlonitor. Specific noise management measures shall be included in the project plans and specifications.

86. ApplicantlDeveloper 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.

87. The ApplicantlDeveloper shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities.

88. The ApplicantlDeveloper shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer.

WATER QUALITY:

89. The ApplicantlDeveloper shall provide to the City the final grading and improvement plan showing confonnance to Section C.3 of the latest stonnwater pennit issued to the City by the San Francisco Bay Regional Water Quality Control Board. The plans shall show how the various portions of the site are treated, illustrate the connection points of the bio swales to the stonn drainage system, and illustrate the means of treating roof runoff. The Applicant shall provide copies of the plans showing post-construction stonnwater measures and shall execute a postconstruction maintenance agreement with the City to ensure long tenn maintenance and functionality of the system.

90. Prior to any clearing or grading, the ApplicantlDeveloper shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Stonn Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site.

91. The Stonn Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook.

92. The ApplicantlDeveloper is responsible for ensuring that all contractors implement all stonn water pollution prevention measures in the SWPPP.


93. The Public Works Department will be responsible for reviewing the SWPPP and erosion control measures for any work located within the public right-of-way or easements. The County shall be responsible for maintaining on-site measures in conformance with applicable State and Federal laws regarding nonpoint stormwater quality.


Documents

AGENDA January 26, 2010 - ACGOV.org...Section I credits (as to Section I TIFs), a reduction in the Surplus Property Authority's Section II loan to the City of Dublin (as to Section