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Agenda Item
ASR
Control 08-000852 |
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MEETING DATE: |
04/29/08 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
5 |
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SUBMITTING
Agency/Department: |
County Executive Office (Approved) |
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Department contact
person(s): |
Steve Dunivent
834-3028 |
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Bob Wilson
834-2830 |
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Subject:
Laguna Niguel Parcel/South
County Facilities
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ceo Concur |
County
Counsel Review |
Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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4/5 Vote |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: $4,000,000 |
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Funding Source: N/A |
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Prior Board Action: N/A
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RECOMMENDED ACTION(S)
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1. |
Waive County Policy, County of Orange, Local CEQA Procedures Manual VII.H. regarding Planning Commission action on Environmental Impact Reports (EIR) and certify Final EIR 603 (County File IP04-350), adopt Mitigation Monitoring and Reporting Program and Findings of Fact and Statement of Overriding Considerations as set forth in the CEQA Compliance section of this report. |
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2. |
Approve and authorize Chairman of the Board, or designee, to execute the Declaration of Covenants, Conditions, Restrictions and Reservations of Easements (CC&Rs) over the South County Justice Center Complex: |
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a. |
To provide common area ingress, egress, maintenance and related responsibilities for Parcel Owners. |
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b. |
To designate that holding cells on the Complex are only for operation of a criminal court and prohibit the use of these facilities as overnight holding cells. |
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3. |
Pursuant to Government Code Section 25365, find that the subject property to be granted and conveyed to the City of Laguna Niguel for a permanent City Hall is not required for County use. |
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4. |
Approve and execute Purchase and Sale Agreement for the sale of approximately 4.1 acres of land, at the southwest corner of Crown Valley Parkway and Alicia Parkway, to the City of Laguna Niguel for the construction of a permanent City Hall for purchase price of $4,000,000; and authorize the Division Manager, OC Public Works, OC Facilities, Real Estate and Asset Management, or designee, to execute documents necessary for escrow including, but not limited to, the grant deed, escrow instructions, escrow instruction amendments, and other related documents. |
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5. |
Approve and authorize County Librarian, or designee, to execute agreement with the City of Laguna Niguel for the Laguna Niguel Library Branch Expansion Project. |
SUMMARY:
The County of Orange has reached agreement on the sale of a 4.1 acre site at the South County Justice Center complex (Complex) to the City of Laguna Niguel for City’s proposed new City Hall. As part of the agreement, the County is designating $1.5 million of the $4 million purchase price to be used in the expansion of the Laguna Niguel Branch Library at 30341 Crown Valley Parkway, within the Complex.
For the benefit of all occupants and users of the Complex, the County is recording a Declaration of Covenants, Conditions, Restrictions and Reservation of Easements (CC&Rs). The CC&Rs will provide common area easements for ingress, egress, as well as private street and common area maintenance obligations among the owners of the parcels. A key provision within the CC&Rs states that no overnight holding cells will be permitted on the Complex.
BACKGROUND INFORMATION:
Environmental Impact Report
The proposed sale of land and the planned construction of a permanent City Hall are elements of a larger project analyzed in the South Court EIR. To proceed with the sale, it is necessary to certify the EIR at this time in order to consider these elements of the project. County policy, along with the Local CEQA procedures states that Planning Commission can 1) act as the decision-making body to approve the EIR or 2) determine the adequacy of an EIR and make a recommendation to the Board of Supervisors. In order to expedite the sale of land to the City and begin construction on the two projects, staff is requesting the Board waive County Policy regarding Planning Commission action on EIRs and certify Final EIR 603. The EIR has been circulated for public review and comment with the comments and responses to comments received on the Draft EIR included in the Final EIR.
Compliance with CEQA: Final Environmental Impact Report 603 (County File IP04-350) satisfies the requirements of CEQA and is certified for the proposed project based upon the following additional findings pursuant to Section 15090 of the CEQA Guidelines:
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a. |
Final EIR 603 is complete and contains all information required by Section 15132 of the State CEQA Guidelines and has been completed in compliance with CEQA. |
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b. |
Final EIR 603 was considered by the Board of Supervisors as the decision-making body of the lead agency and was reviewed and considered prior to approval of the project. |
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c. |
Final EIR 603 reflects the independent judgment of the County of Orange. |
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d. |
Final EIR 603 and comments on Final EIR 603 during the public review process were considered and Final EIR 603 was found adequate in addressing the impacts related to the project. |
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e. |
Final EIR 603 identifies certain significant environmental effects that my occur, but all significant effects that can be feasibly mitigated or avoided have been reduced to an acceptable level by the imposition of project design features, standard conditions or mitigation measures are hereby adopted to mitigate the environmental impacts of the proposed project. |
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f. |
All mitigation measures are found to be fully enforceable pursuant to CEQA Public Resource Code 21081.6(b) and have been either adopted as conditions, incorporated as part of project design, or included in the procedures of project implementation. |
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g. |
The proposed Mitigation Monitoring and Reporting Program for Final EIR 603 (County File IP04-350) is found adequate and is adopted by the County of Orange. |
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h. |
Final EIR 603 identifies certain unavoidable significant environment effects that have not been reduced to a level of insignificance even with the impositions of mitigation measures identified in the Mitigation Monitoring and Reporting Program for Final EIR 603, and therefore the Findings of Fact and Statement of Overriding Considerations for Final EIR 603 (County File IP04-350) for unavoidable significant environmental effects which cannot feasibly be substantially mitigated is found adequate and adopted by the County of Orange. |
General Plan Conformity: Pursuant to Government Code Section 65402, the proposed project is in conformance with the General Plan of the City of Laguna Niguel.
Legal Notice: Pursuant to Government Code Sections 25365 and 6061, a legal notice of intent to convey was published in a County newspaper.
Declaration of Covenants, Conditions, Restrictions, and Reservation of Easements
A Declaration of Covenants, Conditions, Restrictions and Reservation of Easements (CC&Rs) will be recorded over the entire Complex which provides common area easements for ingress, egress, private streets, fire lanes, and alleys, and common area maintenance obligations among the owners of the parcels.
Parking areas are assigned to each parcel owner and are excluded from the definition of Common Areas within the CC&Rs. However, the CC&Rs include a key provision that, upon request of any parcel owner, all other parcel owners within the Complex cooperate in good faith to share their respective parking areas to accommodate periodic, non-recurring special events.
A second key provision provides that no overnight holding cells shall be permitted. Holding cells are to be used in support of Courthouse operations only during normal Court hours.
Sale of Property/Laguna Niguel City Hall
The County has agreed to the sale of a 4.1 acre site within the 28 acre Complex, located at the northwest corner of Alicia Parkway and Crown Valley Parkway, to the City of Laguna Niguel for the construction of a new City Hall. The County will receive $4 million from the sale and has agreed to set aside $1.5 million, into a Library Expansion Project account, to assist in the funding of the Laguna Niguel Branch Library Expansion Project.
Escrow shall open within ten (10) business days after approval of the Purchase and Sale Agreement by the County Board of Supervisors and shall close within thirty (30) calendar days unless escrow is extended by the County. The City shall commence construction of a new City Hall within ninety-six (96) months following the close of escrow. Should the City fail to begin construction within that timeframe, the property will revert back to the County and the County shall repay the City $2.5 million without interest.
Laguna Niguel Library Expansion Project
The Laguna Niguel Branch Library Expansion Project will add approximately 3,045 square feet and include a complete renovation of the County-owned Library. Along with the $1.5 million set aside, the County will retain Architect & Engineering services to prepare Plans and Specifications for the Expansion Project. In addition, the County and City have agreed to a funding plan whereby the funds the County has set aside ($1.5 million) will be expended initially, with the City responsible for funding the balance of the project, including architectural services, construction costs, change orders and related expenses.
If the Expansion Project is not built within sixty (60) months (five years) or within any approved extension from the close of escrow, the County shall retain the $1.5 million or any balance remaining in the Library Expansion Project account. If neither the City Hall nor the Library Expansion Project is built within approved time periods, the County shall pay the City any balance remaining in the Library Expansion Project account.
FINANCIAL IMPACT:
The sale will generate $4 million in revenue. $1.5 million of the purchase price will be used to assist in the funding the Laguna Niguel Branch Library Expansion Project.
STAFFING IMPACT:
N/A
EXHIBIT(S):
South Court Facility Final EIR 603
ATTACHMENT(S):
Purchase and Sale Agreement
Laguna Niguel Branch Library Expansion Agreement
Declaration of Covenants, Conditions, Restrictions and Reservation of Easements