Form revised April 13, 2004

FISCAL NOTE FOR CAPITAL PROJECTS ONLY

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Parks and Recreation	Donald Harris/684-9018	Marilynne Gardner/233-5109

Legislation Title:

AN ORDINANCE relating to the Neighborhood Parks, Green Spaces, Trails, and Zoo Levy; authorizing the acquisition of real property commonly known as Fremont Peak Park Addition; authorizing acceptance of the deed for open space, park and recreation purposes; abandoning an appropriation; authorizing acceptance of a donation; increasing appropriations to the Department of Parks and Recreation in the 2004 Budget; all by a three-fourths vote of the City Council.

Summary and background of the Legislation:

This proposed legislation would authorize the Department of Parks and Recreation (Department) to acquire real property, to accept of the deed, to accept a donation and would appropriate funds from the 2000 Parks Levy Fund and the 1989 Open Space and Trails Bond Fund to pay for acquisition and related costs. In 2002, the Parks Levy Oversight Committee voted to award $2 million from the Levy Opportunity Fund for acquisition projects, including the August 2002 purchase of the property commonly known as “Fremont Peak Park.” The community and the owner of a third adjoining parcel, Antony Murphy, desired to enhance the configuration of the park via the City’s purchase of the referenced parcel. Unfortunately, Antony Murphy died last year and the personal representative for his estate is required to sell the property now. The City has a limited opportunity to purchase this addition to Fremont Peak Park.

Project Name:	Project I.D.	Project Location:	Start Date:	End Date
Fremont Peak Park Addition	K733169-02	4357 Palatine Ave N	June 2004	September 2004

· Please check any of the following that apply:

____ This legislation creates, funds, or anticipates a new CIP Project.

____ This legislation does not have any financial implications.

X This legislation has financial implications.

Appropriations:

Fund Name and Number	Department	Budget Control Level*	2004 Appropriation	2005 Anticipated Appropriation
2000 Parks Levy Fund (33850)	Parks and Recreation	2000 Parks Levy – Opportunity Fund Acquisitions Program K723007	$349,211	$0
1989 Open Space and Trails Bond Fund (33620)	Parks and Recreation	Greenbelt Acquisitions K72902	<$78,428>	$0
1989 Open Space and Trails Bond Fund (33620)	Parks and Recreation	2000 Parks Levy – Opportunity Fund Acquisitions Program K723007	$78,428	$0
TOTAL			$427,639	$0

*See budget book to obtain the appropriate Budget Control Level for your department.

Notes: The $525,000 total project budget is met by new 2004 appropriations of $349,211, existing $97,361 of 2000 Parks Levy Opportunity Funds appropriated in Ordinance 120868, and existing $78,428 of OSTB fund abandoned from appropriation contained in Ordinances 116440 and 119246 and reappropriated herein. Reimbursements to 2000 Parks Levy appropriations include $95,000 of 2002 Conservation Futures, $185,000 of 2003 Conservation Futures and $55,000 from Friends of Fremont Peak Park. The project budget consists of $430,000 for the acquisition, and $95,000 for acquisition-related and other project management costs.

Spending Plan and Future Appropriations for Capital Projects:

Spending Plan and Budget	2004	2005	2006	2007	2008	2009	Total
Spending Plan	525,000	0	0	0	0	0	525,000
Current Year Appropriation	525,000
Future Appropriations		0	0	0	0	0	0

Notes: This plan assumes that this acquisition closes by 9/30/04 and the three structures on the Fremont Peak Park and Fremont Peak Park Addition sites are removed by 12/31/04.

Funding source:

Funding Source (Fund Name and Number, if applicable)	2004	2005	2006	2007	2008	2009	Total
2000 Parks Levy Fund (33850)	446,572	0	0	0	0	0	446,572
1989 Open Space and Trails Bond Fund (33620)	78,428	0	0	0	0	0	78,428
TOTAL	525,000	0	0	0	0	0	525,000

Notes: Notes: $525,000 project budget met by new 2004 appropriation of $349,211, existing $97,361 of 2000 Parks Levy Opportunity Funds appropriated in ordinance 120868, and existing $78,428 of OSTB fund abandoned from appropriation contained in Ordinances 116440 and 119246 and reappropriated. Reimbursements to 2000 Parks Levy Fund appropriations include $95,000 of 2002 Conservation Futures, $185,000 of 2003 Conservation Futures and $55,000 from Friends of Fremont Peak Park.

Bond Financing Required: Not applicable.

Type	Amount	Assumed Interest Rate	Term	Timing	Expected Annual Debt Service/Payment
TOTAL

Uses and Sources for Operation and Maintenance Costs for the Project:

O&M	2004	2005	2006	2007	2008	2009	Total
Uses
Start Up	-	1,000	-	-	-	-	1,000
On-going	-	-	1,020	1,040	1,060	1,080	4,200
Sources (itemize)
2000 Levy	-	1,000	1,020	1,040	1,060	1,080	5,200

Notes:

The maintenance tasks for this site will include encampment removal, litter removal, illegal dumping control, mowing and general grounds maintenance, graffiti removal, tree maintenance, and fence maintenance. Please note that the cost listed above only addresses the O&M for the specific parcel being purchased and assumes maintaining the park in an undeveloped state. The O&M numbers listed above assume a 2% inflation rate in each successive year. Funding available from the 2000 Parks Levy for the project-related O&M ends in 2008 and an alternative funding strategy has yet to be determined for the following years. This estimate is not included in the Department’s Proposed 2005/06 Budget, since the property transaction had not been completed by the time budget information was developed and submitted.

Periodic Major Maintenance costs for the project: Not applicable.

Major Maintenance Item	Frequency	Cost	Likely Funding Source
TOTAL

Funding sources for replacement of project: As real property, this acquisition will not be subject to replacement.

Total Regular Positions Created Or Abrogated Through This Legislation, Including FTE Impact: Not applicable.

Position Title and Department*		Fund Name		Fund Number	Part-Time/ Full Time	2004 Positions	2004 FTE	2005 Positions**	2005 FTE**
	TOTAL		N/A

* List each position separately

** 2005 positions and FTE are total 2005 position changes resulting from this legislation, not incremental changes. Therefore, under 2005, please be sure to include any continuing positions from 2004.

Notes:

· Do positions sunset in the future?: Not applicable.

· What is the financial cost of not implementing the legislation:

The originating Neighborhood Parks, Green Spaces, Trails, and Zoo Levy ordinance (120024) set $10 million aside for the express purpose of funding opportunity fund acquisitions and development. Absent this proposed legislation, DPR would lack approval as well as the expenditure authority necessary to progress with this project and take advantage of the leveraging opportunity afforded by the Conservation Futures and community donations.

· What are the possible alternatives to the legislation that could achieve the same or similar objectives: No alternatives exist; the originating 2000 Parks Levy ordinance (120024) requires City Council approval of all acquisitions of real property and appropriation of all parks development funding.

· Is the legislation subject to public hearing requirements: No.

· Other Issues:

Please list attachments to the fiscal note below: