HomeMy WebLinkAboutMINUTES - 12032013 - C.119RECOMMENDATION(S):
APPROVE Notice of Intention to Convey Real Property identified as Assessor’s Parcel No. 234-010-013, located at
952 Moraga Road, Lafayette (Property), to the City of Lafayette (City) pursuant to Government Code Section 25365
for the sum of $1,970,000. (Project No.: 0113-6X5473) (CP# 09-74)
DETERMINE that the Property described in the Notice of Intention (Notice) to Convey Real Property attached hereto
and incorporated herein, is surplus and not required for Contra Costa County (County) use.
DECLARE that this Board will meet on December 17, 2013 at 9:30 a.m. or thereafter, in the Board’s Chambers,
County Administration Building, Martinez, California, to consummate the conveyance and consider related actions
under the California Environmental Quality Act.
DIRECT the Public Works Department Real Estate Division, to publish the attached Notice in the Contra Costa
Times pursuant to Government Code Section 6061.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/03/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Debra L. Baker
925-313-2224
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 3, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc:
C.119
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:December 3, 2013
Contra
Costa
County
Subject:APPROVE Notice of Intention to Convey Real Property to the City of Lafayette.
FISCAL IMPACT:
The gross funds received from the sale of this Property will be used to reimburse the County for all costs incurred
by the County in connection with the sale of the Property, and the net proceeds will be deposited into a special
account within the County’s Library Fund to pay for additional hours, additional books and maintaining and
replacing technical equipment at the new Lafayette Library.
BACKGROUND:
As part of a 1996 Settlement Agreement that resolved a lawsuit filed on December 27, 1994 by the County, the
Contra Costa Fire Protection District and the Contra Costa County Flood Control District against the City of
Lafayette, the City Council of the City of Lafayette and the Lafayette Redevelopment Agency (Agency), the
County gave the Agency a limited right to purchase the former site of the Lafayette Library for fair market value
at the time of the sale, not to exceed $1,250,000, plus Consumer Price Index (CPI) adjustments from January 1,
1996 to the date of purchase. The Agency was required to complete the purchase by June 30, 2011. The 1996
Settlement Agreement states that moneys received by the County in this transaction may not be used for anything
other than mutually-agreed Lafayette Library uses. In 2009, the City completed the building of a new library and
learning center at 3491 Mt. Diablo Blvd. and the library at the Property closed and became surplus to the County.
A 2010 Memorandum of Understanding (MOU) between the City of Lafayette, the Agency and the County,
entered into for the purpose of supplementing the terms of the Property transfer, clarified that the site was to be
sold to the Agency in an “as-is” condition. On February 1, 2012, the Agency dissolved and was no longer able to
purchase the Property from the County. The City of Lafayette desires to be permitted to purchase the Property on
the same terms provided in the MOU for the Agency’s purchase of the Property.
An appraisal was completed in April 2013 and estimated the fair market value of the Property to be $1,970,000,
which is less than the CPI adjusted value of $2,011,707. Thus, the sale price is $1,970,000.
The MOU states that the County’s costs associated with this transfer, including the cost of maintaining the
Property and the cost of two years of litigation that the County undertook at the City’s request to quiet the title to
the Property, will be paid to the County from the sale proceeds and the net proceeds will be used for Lafayette
Library purposes.
CONSEQUENCE OF NEGATIVE ACTION:
The County would not have completed the sale of the Property according to the 2010 MOU and the County would
continue to own and maintain the property.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Notice of Intention to Convey Real Property