FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Fleets and Facilities	Brenda Bauer 684-0411	Dwight Dively 684-0503

Legislation Title:

AN ORDINANCE regarding a Settlement Agreement between the City of Seattle and the United States Army Corps of Engineers for Clean Water Act permitting for the Joint Training Facility at 9401 Myers Way South in Seattle, authorizing execution and implementation of an agreement and imposing a restrictive covenant against the real property.

· Summary of the Legislation:

Passage of this ordinance will authorize the Fleets and Facilities Department (FFD) to implement the terms of a settlement agreement with the U.S. Army Corps of Engineers (Corps), including recording related documents against the title to real property. This agreement resolves an enforcement matter arising from alleged past City activities; provides for authorization pursuant to Clean Water Act Section 404 for past work and to complete construction of the Joint Training Facility (JTF) and mitigation projects; includes the City’s mitigation plan for the JTF site and for off-site improvements along the Duwamish, which may be amended by agreement of the Corps and FFD; and provides for environmental regulation training of City employees who are responsible for managing, delivering, or permitting capital projects or are real estate professionals.  Funding to implement the actions authorized in this legislation is contained in the 2007 budget proposal.

· Background:

In 2004, the City of Seattle began construction of the JTF, a new complex at 9401 Myers Way South, which serves as a training location for the Seattle Fire Department, Seattle Department of Transportation, and Seattle Public Utilities.  The JTF’s secure campus consists of two buildings, a variety of training props, maintenance sheds, small parking areas, and landscaping.  Construction in some areas was halted at the Corps’ direction in October 2004.  Classroom instruction is underway, and departments are conducting limited outdoor training on the props, without the use of outdoor fire training water.  In order to complete construction on the JTF and to authorize past activity, the City must obtain a Clean Water Act Section 404 permit from the Corps.  This legislation and the settlement agreement will enable the City to pursue the necessary permits.

· Please check one of the following:

_X___ This legislation has financial implications. ]

Anticipated Revenue/Reimbursement: (For budget legislation that raises fees, please provide detail on each fee that is being raised, when it was last raised, how the proposed fee compares with similar fees in the region, etc.)

Fund Name and Number	Department	Revenue Source	2007 Revenue	2008 Revenue
NA:  See Below
TOTAL

Notes: 

· What is the financial cost of not implementing this legislation?

Not implementing this legislation could result in substantial additional cost for Clean Water Act compliance or prosecution under the Clean Water Act, which would jeopardize ongoing operation of the JTF.

This Council Bill is part of a larger package of legislation related to the JTF, which includes an agreement between FFD and City Light for use and maintenance of property for off-site habitat mitigation; an interfund loan extension; the Myers Way surplus property sale; and the termination of the Myers Way property use and development agreement (PUDA).  The total cost of the actions required by passage of this, and related, legislation is approximately $6.12 million. 

FFD must agree to complete all settlement agreement elements, including the Mitigation Plan attached to this Council Bill, in order to obtain a Clean Water Act Section 404 permit which will allow the City to complete work on the JTF.  Funding for this action is included in the Mayor’s 2007 Proposed Budget.

· What are the possible alternatives to the legislation that could achieve the same or similar objectives? 

None

· Is the legislation subject to public hearing requirements?

No

· Other Issues (including long-term implications of the legislation):

None

Attachments:  None