HomeMy WebLinkAboutMINUTES - 12172013 - C.75RECOMMENDATION(S):
DETERMINE that the Conveyance of the surplus real property is a Class 12 Categorical Exemption under the
California Environmental Quality Act (CEQA), pursuant to Section 15312 of the CEQA Guidelines. (CP #09-74)
Project No.: 0113-6X5473
DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk.
AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Conservation and Development for
processing, and a $50 fee to the County Clerk for filing the Notice of Exemption.
APPROVE the Conveyance of surplus real property located at 952 Moraga Road, Lafayette (Property) to the City of
Lafayette (City) for the purchase price of $1,970,000, in accordance with the Purchase and Sale Agreement
(Agreement) and pursuant to Government Code Section 25365.
DECLARE that this Board on December 3, 2013, approved a Notice of Intention to Convey Real Property (Notice)
fixing December 17, 2013 at 9:30 a.m., or thereafter, in its Chambers, County Administration Building, 651 Pine
Street, Martinez, California, as the time and place where it would meet to convey the Property described therein to the
City. Said Notice was duly published in the Contra
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/17/2013 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 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 17, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 75
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:December 17, 2013
Contra
Costa
County
Subject:APPROVE the Conveyance of Real Property to the City of Lafayette and Related Actions Under CEQA.
RECOMMENDATION(S): (CONT'D)
Costa Times in compliance with Government Code Section 6061.
DETERMINE the Property described in the Notice to be surplus and no longer necessary for County use.
AUTHORIZE the Public Works Director, or designee, to execute the Agreement on behalf of the County for the
purchase price of $1,970,000.
AUTHORIZE the Chair, Board of Supervisors, to execute a Grant Deed to the City on behalf of the County.
DIRECT the Real Estate Division of the Public Works Department to cause said Grant Deed to be delivered to the
City upon performance and compliance by the City of all terms and conditions set forth in the Purchase and Sale
Agreement for recording in the office of the County Recorder.
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. 100% Library funds.
BACKGROUND:
As part of a 1996 Settlement Agreement that resolved a lawsuit filed on December 27, 1994, by the County,
Contra Costa Fire Protection District and 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 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, the Agency and the County, entered into for
the purpose of supplementing the terms of the Property transfer, clarifies 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 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 sales 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
CEQA
Purchase and Sale Agreement
Grant Deed