Form revised February 6, 2008

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	DOF Analyst/Phone:
Parks and Recreation	Donald Harris / 684-8018	Jennifer Devore / 615-1328

Legislation Title:

AN ORDINANCE relating to the Department of Parks and Recreation authorizing the Superintendent of Parks and Recreation to negotiate, execute, grant and convey easement rights over, under and across a portion of Fauntleroy Park for the purposes of installing, repairing, maintaining and reconstructing an existing retaining wall to repair and control landslide activity, and to accept payment and reimbursement therefor.

· Summary of the Legislation: This legislation authorizes the Superintendent of Parks and Recreation to execute an Easement Agreement (Attachment 1 to the Ordinance) over a portion of Fauntleroy Park (the Park) and to accept payment from the grantees of the appraised value for the easement in the amount of $375 and reimbursement of all associated costs in the amount of $6,698.  The easement provides for the installation, repair, maintenance and reconstruction (as needed) of an existing retaining wall installed on park land in the Park to control landslide activity from and on adjacent private residential properties onto park land, together with the right of ingress to and egress thereto.

· Background:  In January 1997, a landslide occurred affecting the Park and two private residential properties adjacent to the north boundary of the Park.  A geotechnical investigation of the affected properties determined that a retaining structure could reduce the likelihood of another landslide, thus benefiting both the private properties and the Park.  In November, 2001, the private property owners applied for and were issued Parks Revocable Use Permit (Number 2002-09) allowing them to install a retaining structure, subject to certain conditions and requirements.  The Permit required that the private property owners seek an easement from the City of Seattle (City), granting permanent rights and continuing responsibility for the retaining wall structure.  In accordance with the Department of Parks and Recreation’s (DPR) Policy and Procedures on Non-Park Uses of Parklands, endorsed by City Council Resolution 29475, the approval of the Permit required the Permittees to purchase permanent easement rights for the installation of the retaining wall, subject to an appraisal and City Council approval, and to reimburse the City for all costs associated with the easement acquisition.  A public hearing regarding the Permit and proposed easement was held at the April 25, 2002 meeting of the Board of Park Commissioners.  All conditions contained in the Permit have now been met.  The ordinance states that the proposed Easement Agreement is not a transaction governed by Ordinance 118477 (Initiative 42) that requires an equivalent parcel of land in exchange for park land nor is it a change from park use to another use.  It formalizes legal rights and responsibilities for continued private use of City property, including repair and maintenance of the retaining wall, which will benefit the Park and park users and protect the City from any liability that might result from a non-park installation on park property.  This ordinance provides that the requirements of Ordinance 118477 are superseded for the purposes of this ordinance.

· Please check one of the following:

____ This legislation does not have any financial implications.

_X__ This legislation has financial implications.

Appropriations:  N/A

Fund Name and Number	Department	Budget Control Level*	2008 Appropriation	2009 Anticipated Appropriation
TOTAL

Notes:  N/A

Anticipated Revenue/Reimbursement: Resulting From This Legislation:

Fund Name and Number	Department	Revenue Source	2008 Revenue	2009 Revenue
			$0	$0
TOTAL			$0	$0

Notes:  In the fall of 2007, DPR received the appraised value for the easement in the amount of $375 and reimbursement of all associated costs in the amount of $6,698.

Total Regular Positions Created, Modified, Or Abrogated Through This Legislation, Including FTE Impact:  N/A

Position Title and Department	Position # for Existing Positions	Fund Name & #	PT/FT	2008 Positions	2008 FTE	2009 Positions*	2009 FTE*
TOTAL

Notes:  N/A

· Do positions sunset in the future?  N/A

Spending/Cash Flow:  N/A

Fund Name & #	Department	Budget Control Level*	2008 Expenditures	2009 Anticipated Expenditures
TOTAL

Notes:  N/A

· What is the financial cost of not implementing the legislation?  Without implementation of this legislation, the City cannot grant easement rights for the retaining wall on Park property, nor bind the grantees to any and all liability and maintenance responsibilities and costs that will otherwise accrue to the City.   

· What are the possible alternatives to the legislation that could achieve the same or similar objectives?  There are no alternatives that would achieve the same objectives except for DPR to assume the responsibility for maintaining and repairing the wall.  There is no funding allocated for this at the present time in DPR’s budget.

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

· Other Issues:  None.

· Please list attachments to the fiscal note below:

Attachment 1:  Fauntleroy Easement Site (map)