DATE: March 5, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
Sally Gomez, Interim County Librarian
Robert W. Bash, Director of Internal Services/Chief Information Officer
SUBJECT: Fresno County Clovis Regional Library - Cooperative Agreement and Agreement for the Exchange of Real Property
RECOMMENDED ACTION(S):
TITLE
1. Adopt resolution determining that certain County-owned real property located at 1155 Fifth Street, Clovis, CA (existing Clovis Regional Library property, APN: 492-131-23ST), is exempt surplus land and is not required for County use, and that certain City-owned real property (APN: 492-131-11ST, proposed new Clovis Regional Library) owned by the City of Clovis to be acquired by exchange is required for County use (4/5 vote required), all in accordance with Government Code sections 54221(f)(1)(C) and 25365; and
2. Approve and authorize the Chairman to execute Cooperative Agreement and Agreement for the Exchange of Real Property (Agreement) with the City of Clovis to exchange the existing County-owned Clovis Regional Library property for a parcel of City-owned real property (APN: 492-131-11ST) to construct a new Clovis Regional Library ($0); and
3. Approve and authorize the Chairman to execute Parking and Access Easement for ingress, egress, and parking for the Clovis Regional Library with the City of Clovis, attached to the Agreement as Exhibit F ($0); and
4. Approve and authorize the Director of Internal Services/Chief Information Officer to execute the grant deed necessary to convey the existing Clovis Regional Library property to the City of Clovis, subject to approval as to legal from by County Counsel.
REPORT
Approval of the recommended actions would facilitate the exchange of real property owned by the County (existing Regional Library site) for real property owned by the City of Clovis (City) for construction of a new Clovis Regional Library (new Regional Library). In compliance with the Surplus Land Act, the County must declare the existing Regional Library site exempt surplus land and determine that it is not necessary for the County’s use. This item pertains to a location and library service area located in Districts 2 and 5.
ALTERNATIVE ACTION(S):
Your Board may determine not to approve the recommended Agreement between the City and the County, but this would delay the construction of a new regional library until an alternate site could be located.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. Costs associated with the future development of the new Clovis Regional Library will be funded primarily with Property Taxes and Measure B funds. There are sufficient revenues and appropriation in Capital Project Org. 8863, Program Number 91406, for anticipated Closing Costs, or fees incurred, for the exchange of Real Property. An Operating Transfer In from the Library Measure B Sales Tax Special Revenue Fund Org 7530 will fund the costs associated with the project; sufficient appropriations for Org 7530 are included in the FY 2023-24 budget.
DISCUSSION:
On June 2, 2015, the Board of Supervisors directed staff to work with the City to facilitate acquisition and construction of a new Clovis Regional Library on City-owned land located at 735 N. Third Street, Clovis, California. Since then, County staff (Library, Public Works and Planning, Internal Services, County Administrative Office, and County Counsel) has worked with the City to develop the recommended Agreement for acquisition of a 1.15-acre parcel for the new Regional Library, in exchange for conveying the existing Regional Library site to the City, which the City represents will be used for City offices.
Existing Regional Library:
The existing Regional Library is located at the City’s civic center on the north side of Fifth Street between Veterans Parkway and Russell Avenue. The 8,600 square foot library was constructed in 1976 and no longer meets the needs of the community. The existing Regional Library serves well over 100,000 residents annually within the City limits, and thousands more in the unincorporated areas east of Clovis.
New Regional Library - Site, Circulation, and Parking:
The City owns approximately 5.7 acres of land at the northeast quadrant of the intersection of N. Clovis and E. Third Street within the city limits of the City of Clovis; pursuant to the recommended Agreement, the County will acquire approximately 1.15 acres (see Exhibit A) of the currently City-owned land for the new Regional Library. The balance of the site is currently being developed by the City with a Senior Activity Center and Transit Hub as part of the City’s Landmark Square master development (see Exhibit B).
Primary access for the new Regional Library will be provided via a main drive along Third Street at the Veteran’s Parkway alignment. An existing alley on the east side of the site will provide secondary access, with Osmun Avenue at the northeast corner of the site providing a third access. Pedestrians will have access to the new Regional Library from Third Street, Osmun Avenue, and the Old Town Trail. Parking for the Regional Library and the other City uses will be within the interior of the site. Approximately 189 parking stalls are proposed, including 37 accessible stalls. The recommended Agreement includes a Parking and Access Easement, which will ensure perpetual parking and pedestrian access over the site common areas to the County and all Library users. Sewer and water infrastructure will be provided to the County’s parcel by the City in conjunction with the construction of the City’s Senior Activity Center and Transit Hub. The County will be responsible for coordinating with PG&E for extension of electrical and gas services to the site.
The new Regional Library is proposed to be approximately 26,270 square feet in size and offer the following operational times and services:
• The new Regional Library will be open 9:00 am to 9:00 pm Monday through Thursday, 9:00 am to 5:00 pm Friday and Saturday, and 12 pm to 5:00 pm on Sunday.
• Primary emphasis will be on popular reading materials and those for independent learning, with an additional emphasis on children’s materials.
• Will include an Early Learning Center for children and families to interact, which will encourage the development of early literacy skills.
• Library programs for children, teens and adults will be held both inside the new Regional Library and offsite.
• Job readiness and college preparedness will be encouraged through the Library’s computers, copy center, and online databases.
• The Library will be a community destination through the use of its many study rooms,
• meeting rooms and gathering spaces.
• Current technology will be employed throughout the building, offering internet connectivity and public computers.
Public Works and Planning staff has completed a preliminary design for the new Regional Library, which Library staff has publicly shared and received community input. Public Works and Planning staff is currently in the design/build selection process and is targeting completion and selection of a designer/contractor by fall of 2024. Construction of the new Regional Library is expected to begin in 2025, with final completion expected in summer of 2026. Please note that the projected timelines are subject to change.
Cooperative Agreement:
The following is a summary of the main provisions included in the recommended Agreement:
• Identifies the appraised value of the existing Regional Library at $3,500,000.
• Identifies that City has spent approximately $3,186,355 in land cost and land improvement and infrastructure cost allocable to the new Regional Library.
• City shall transfer new Regional Library parcel to County no later than 180 days following the effective date of the recommended Agreement (unless deadline extended by both parties).
• Each of the parties must pay escrow costs, including their respective portions of the premium for the title insurance policies. The transferor of each parcel shall pay any documentary transfer taxes, and, with respect to the conveyance of both parcels, County and City shall each pay one-half of all other applicable fees, charges, and costs arising from the two escrows.
• County shall transfer existing Regional Library site to City no later than 180 days following completion of construction of new Regional Library, as evidenced by a recorded notice of completion.
• County shall complete construction of new Regional Library within 36 months of the effective date of the recommended Agreement (unless the deadline is extended by agreement of both parties).
• If County abandons the new Regional Library project, as evidenced by the Board of Supervisors abandoning the project at a public meeting, the County must transfer the new Regional Library parcel back to the City. If, at that point, the County has added substantial value to the new Regional Library parcel through its construction activities, the City agrees to compensate County for any such increased substantial value.
• City shall construct sewer and water service laterals adequate to meet new Regional Library water and sewer demands.
• City is responsible for constructing and maintaining common area improvements, including parking facilities, storm drainage improvements, driveways, sidewalks, trail improvements, landscaping, and lighting.
• City shall pay all City development impact fees that are required for the construction of the new Regional Library.
• City shall grant (at the time the recommended Agreement is executed) County an easement for use of driveways, parking lots, and sidewalks within the Landmark Square property.
• County shall be responsible for cost and maintenance of gas and electrical service and communication fiber to serve the new Regional Library.
• The recommended Agreement contains a mutual indemnification provision, which is common in agreements between two public agencies.
Staff notes that during construction of the City’s Senior Center and Transit Hub, the City discovered contaminated soil on the Landmark Square property. The City removed the contaminated soil and completed other remedial steps as required by State and local regulatory agencies, including the installation of a Vapor Barrier (VB) under the foundations of the City’s Senior Activity Center and Transit Hub. As a result of the discovered contaminated soil, the City has agreed to fund the installation of a VB under the foundation of the new Regional Library. This requirement is contained in the recommended Agreement. In addition to mutual indemnification provisions, the recommended Agreement also includes an environmental indemnification provision in favor of the County, whereby Clovis has agreed to indemnify the County if any additional future hazardous material is found on the County’s parcel.
Notice of the Board’s intended approval of this item has been published in the Business Journal at least one week prior to today’s Board date, in accordance with Government Code § 25365(c).
California Environmental Quality Act (CEQA):
The project (development of the new Regional Library, Senior Activity Center, and Transit Hub) was evaluated under a Focused Environmental Impact Report (EIR) prepared by the City and certified by the Clovis City Council on July 9, 2018 (State Clearinghouse Certification No. 2017041010). No major revisions to the project will be required with the adopted Focused EIR to accommodate the new Regional Library, therefore, subject to CEQA Sections 15162 and 15182 no future environmental review is required.
OTHER REVIEWING AGENCIES:
The recommended Agreement was prepared and coordinated between the City and County staff. The Clovis City Council approved the recommended Agreement on January 16, 2024.
REFERENCE MATERIAL:
BAI #67, October 17, 2017
BAI #33, November 15, 2016
BAI # 4, June 2, 2015
ATTACHMENTS INCLUDED AND/OR ON FILE:
Exhibit A
Exhibit B
On file with Clerk - Resolution - Exchange of Real Property
On file with Clerk - Cooperative Agreement and Agreement for the Exchange of Real Property
CAO ANALYST:
Salvador Espino