Title
Adopt a resolution to:
a. Find that the proposed New Bradley Branch Library and Resiliency Center Project at a portion of Assessor’s Parcel Number (APN) 424-351-038 is categorically exempt from the California Environmental Quality Act (CEQA) as New Construction or Conversion of Small Structures (Class 3) pursuant to CEQA Guidelines Sections 15301, 15303, and 15300.2; and
b. Find that the proposed property transfer of a portion of APN 424-351-038 is categorically exempt from CEQA pursuant to CEQA Guidelines California Code of Regulations (CCR) section 15061; and
c. Authorize the Director of the Public Works Facilities and Parks (PWFP) Department or Designee to file a CEQA Notice of Exemption with the Monterey County Clerk/Recorder; and
d. Approve the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions (Agreement) between the County of Monterey and the Bradley Union School District (BUSD) to acquire one (1) 27,374 square foot parcel (portion of APN 424-351-038), for use by the Public Works, Facilities, and Parks (PWFP) and Monterey County Free Libraries, pursuant to Government Code Section 25350.60; and
e. Authorize the Public Works, Facilities, and Parks (PWFP) Director or designee to execute the Agreement and any related documents needed to complete the transaction, including, but not limited to, a Grant Deed and any future amendments to the Agreement subject to review and approval by the Office of the County Counsel.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution:
a. Find that the proposed New Bradley Branch Library and Resiliency Center Project at a portion of Assessor’s Parcel Number (APN) 424-351-038 is categorically exempt from the California Environmental Quality Act (CEQA) as New Construction or Conversion of Small Structures (Class 3) pursuant to CEQA Guidelines Sections 15301, 15303, and 15300.2; and
b. Find that the proposed property transfer of a portion of APN 424-351-038 is categorically exempt from CEQA pursuant to CEQA Guidelines California Code of Regulations (CCR) section 15061; and
c. Authorize the Director of the Public Works Facilities and Parks (PWFP) Department or Designee to file a CEQA Notice of Exemption with the Monterey County Clerk/Recorder; and
d. Approve the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions (Agreement) between the County of Monterey and the Bradley Union School District (BUSD) to acquire one (1) 27,374 square foot parcel (portion of APN 424-351-038), for use by the Public Works, Facilities, and Parks (PWFP) and Monterey County Free Libraries, pursuant to Government Code Section 25350.60; and
e. Authorize the Public Works, Facilities, and Parks (PWFP) Director or designee to execute the Agreement and any related documents needed to complete the transaction, including, but not limited to, a Grant Deed and any future amendments to the Agreement subject to review and approval by the Office of the County Counsel.
SUMMARY/DISCUSSION:
The Bradley Branch Library lost its leased facility in Fiscal Year (FY) 2016-17. Since then, a bookmobile has been used to provide the Bradley local school and community with library services once a week as a temporary solution. However, the travel distance between Bradley and the nearest larger libraries, makes it difficult and inefficient to serve this community through bookmobile services. The community and the school have expressed a strong desire to have a new library built in the community. No suitable rental locations are available for a library, and constructing a facility is the most feasible option. The County Board of Supervisors allocated $200,000 to investigate the feasibility of acquiring a new site for a replacement library.
Discussions with the Bradley Union School District (BUSD) resumed in 2021 and BUSD expressed their willingness to collaborate to proceed with discussions of either a long-term lease or gifting a portion of BUSD owned land for a potential County library (the Project). While negotiating the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions (Agreement) between the County and the BUSD, the BUSD agreed to donate property to the County in good faith as the proposed Project will provide its small community with not only a library but also a community resiliency center. The Project will include solar panels, battery backup, and emergency generator, creating a community resource hub for emergencies.
The approximate 27,374-square-foot parcel (Project Site) is an unimproved vacant land portion of APN 424-351-038 owned by the BUSD, currently used as a school bus parking lot. BUSD administers the Bradley School (School), located at 65600 Dixie Street, Bradley, California, adjacent to the Project Site. BUSD will continue to own and use the remaining portion of APN 424-351-038 for school bus parking. The Project Site would include a shared access lane through the proposed library parking lot to the school’s bus parking lot. The site requires preparation including bringing in all utilities such as water, sewer, and electricity. To date, County staff completed the feasibility study for the proposed Project Site in FY 2022-23, including environmental analysis, schematic design, and programing. If the County does not commence construction activities within five (5) years from the date of the recorded grant deed transferring ownership, the ownership of the Project Site reverts back to the BUSD.
The purchase of the Project Site is contingent upon completion and approval of the County’s due diligence reports and inspections including review of completed site assessments, review of a preliminary title report and seller disclosures, all of which will be completed during the County’s sixty (60) day due diligence period during escrow. The County’s remaining due diligence costs are estimated at no more than $1,000. The close of escrow is tentatively scheduled to occur thirty (30) days following the completion of all the County’s due diligence contingencies.
A Phase I Environmental Site Assessment (April 19, 2022, M3 Environmental LLC) found no hazardous conditions at the proposed Project Site, though data gaps were identified. A Phase II Limited Environmental Assessment (LSA) was completed (September 30, 2022, M3 Environmental LLC) and addressed these gaps by confirming no significant environmental contamination, but recommended abandonment or repair of a compromised on-site water well in accordance with Chapter 15.08 - WATER WELLS of Title 15 - PUBLIC SERVICES of the Monterey County Code. This on-site water well will remain under the ownership of BUSD on its retained portion of APN 424-351-038.
The Project will include development of the following improvements: a maximum 2,500-square-foot library building with flexible community room, covered entry, and covered outdoor activity area; outdoor seating and tables; outdoor lockers including smart lockers; bike racks; drinking fountain/bottle filler station; electric vehicle charging stations; backup generator; solar and battery storage; utility yard with water tank; hardscape and parking; septic system; water connection and improvements to the School’s on-site well; and electrical connection to existing infrastructure adjacent to the Project Site.
FY 2023-24 funding was approved with a budget of $586,042, to proceed with design development and planning. The budget is based on preliminary construction estimates conducted during the feasibility stage including, real estate acquisition, due diligence reporting, design, and construction. Additional funding will be required to proceed with construction in FY 2025-26.
CEQA establishes guidelines for assessing potential project impacts. Per state law and regulation, certain classifications of projects have been deemed to be statutorily exempt or categorically exempt from further environmental review under CEQA if the projects meet certain criteria. Staff consulted with LSA Associates, Inc., who prepared a Notice of Exemption (NOE) and supporting memorandum confirming the project qualifies for a CEQA exemption under the "New Construction or Conversion of Small Structures" (Class 3) exemption per CEQA Guidelines Section 15301, 15303, and 15300.2. This includes the construction of small facilities and utility extensions, and no significant environmental impacts are anticipated. Additionally, no exceptions to the exemption criteria apply, including effects on hazardous resources, growth-inducing impacts, or significant environmental effects. In addition, CEQA Section 15061(b)(3), provides a common-sense categorical exemption for projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Therefore, as the activity of acquiring real property does not have a significant effect on the environment, the proposed acquisition of the Property can be considered categorically exempt. Staff recommends that the Board find that the proposed Project at a portion of Assessor’s Parcel Number (APN) 424-351-038 is categorically exempt from CEQA as New Construction or Conversion of Small Structures (Class 3) pursuant to CEQA Guidelines Sections 15301, 15303, and 15300.2 and that the proposed property transfer of a portion of APN 424-351-038 is categorically exempt from CEQA pursuant to CEQA Guidelines California Code of Regulations (CCR) section 15061.
Approval of staff’s recommendation would approve and authorize the Director of PWFP to file a CEQA Notice of Exemption with the Monterey County Clerk/Recorder regarding the proposed Project and acquisition of the Project Site, and to execute the Agreement for Purchase and Sale of Real Property and Joint Escrow Instructions between the County and BUSD and any other related documents needed to complete the proposed transaction.
OTHER AGENCY INVOLVEMENT:
Public Works, Facilities, and Parks (PWFP) has coordinated with the Monterey County Free Libraries, Health Department - Environmental Health Bureau and Housing and Community Development - Planning Department in preparation or review of this report, and the CEQA and site due diligence documents completed to date, as applicable. In addition, PWFP has been in communication with the BUSD Board for coordination, project updates, and approval of the proposed Agreement and Project.
FINANCING:
The Project is included in the FY 2023-24 Capital Improvement plan as a partially funded project. Staff costs for preparing this report, Notices of Exemption, and the Agreement are included as part of the FY 2024-25 Project budget for pre-construction planning activities. FY 2023-24 funding was approved with a budget of $586,042, to proceed with design development and planning. The budget is based on preliminary construction estimates conducted during the feasibility stage including, real estate acquisition, due diligence reporting, design, and construction. Additional funding will be required to proceed with construction in FY 2025-26
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
The project supports the Board of Supervisors’ Strategic Initiative for Health and Human Services and the Strategic initiative for Infrastructure through the construction of a new Library Branch that will serve residents and students of Bradley with a library, and a community resiliency center.
The recommended action supports the following Board of Supervisors’ Strategic Initiatives:
__ Economic Development
__ Administration
X Health & Human Services
X- Infrastructure
X Public Safety
Prepared by: Nancy Ayala, Project Manager II, (831) 755-4527
Prepared by: Ivo N. Basor, Management Analyst III, (831) 796-6427
Reviewed by: George K. Salcido, Real Property Specialist
Reviewed by: Hillary Theyer, Director of Monterey County Free Libraries
Reviewed by: Florence Kabwasa-Green, Chief of Facilities
Approved by: Randell Ishii, MS, PE, TE, PTOE., Director of Public Works, Facilities & Parks
The following attachments are on file with the Clerk of the Board:
Attachment A - Project Site Plan
Attachment B - Board Resolution
Attachment C - Purchase Agreement and Joint Escrow Instructions
Attachment D - Public Notice