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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: December 9, 2003

Subject/Title: Approve a resolution for payment to Liberty Union High School District for CIP Projects Heritage High Joint Use Gymnasium and Heritage High Joint Use Pool in the amount of $390,803.50

Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Pam Ehler, Director of Finance and Information Services

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution for payment to Liberty Union High School District for Heritage High School joint use projects in the amount of $390,803.50.

PREVIOUS ACTION
At the April 9, 2002 CIP workshop, staff was directed to return in 30 days to discuss ways the City of Brentwood and Liberty Union High School District (LUHSD) may be able to work together on the pool and gymnasium at Heritage High School. At the May 14, 2002, City Council meeting, staff requested this item be brought back for consideration at the May 28, 2002, City Council meeting. At the May 28, 2002 City Council meeting, staff requested permission to bring the item back on June 11, 2002. On June 11, 2002, City Council approved funding of $208,800 for design of 50-meter pool/gym office and storage space in conjunction with a 25-yard design paid by LUHSD, with reconsideration of approval of funding the entire project in August. City Council approved funding of $2,500,000 for the Heritage High School joint use projects on August 27, 2002.

BACKGROUND
As a part of the April 9, 2002 CIP workshop, staff reported on two joint use projects with Liberty Union High School District that were listed in the proposed 2002/2007 CIP program as unfunded: development of a 50-meter pool; and construction of an office/storage space in the joint use gymnasium. As these projects were unfunded, staff had requested time to work on options that could be considered by City Council. Dan Smith, LUHSD Superintendent indicated that a decision would need to be made in 30 days as LUHSD was at a point where they needed to give specific direction to their architect as to a final design. Staff was directed to return in 30 days (May 14th City Council meeting) to discuss options.

City of Brentwood and LUHSD staff developed options for consideration that would keep the joint use projects under consideration. Staff heard very clearly from City Council that there was support for joint use projects as long as those projects did not come at the expense of existing funded City of Brentwood Park projects. There was also concern expressed by City Council as to the state of the current economy and whether commitments to LUHSD would come at the expense of other City projects. As a result, staff looked at options that would work within both of these parameters.

Staff concentrated on an option that would direct the architect to provide parallel designs: one for a 25-yard pool and one for a 50-meter pool. As Heritage High School was not scheduled to go out to bid until spring of 2003, there was no necessity to determine exact funding or long-term commitment until development of the 2003/2008 CIP.

Staff requested and received a cost estimate from the architect for these two designs. The cost for design of the 50-meter pool was $208,800. City Council approved moving forward with this design work at the June 11th City Council meeting. One half of the design fee was to be credited back to the City against funding for the project. At the time of approval, the architect indicated that if the City of Brentwood could decide for sure that they will fund the project by August 2002, then the architects would be able to consolidate designs and the cost to the City of Brentwood for the 50-meter pool would only be approximately $97,440. City Council approved funding for the project at the August 27, 2002, and the City has paid $97,436.65.

The August 27, 2002 City Council action of approval provided for reimbursement with LUHSD as follows:

• City includes the pool and gym office in the City’s CIP program of $2,500,000.
• The City of Brentwood and LUHSD agree to the following financial plan:
1. LUHSD will provide the cash flow to bid and construct the 50-meter pool/gym office/storage space.
2. As “good year”* money is available in the City’s CIP program, it will be committed in July by the City by the following formula:
 July 2003 – 25% of 2002/2003 good year revenue
 July 2004 – 50% of 2003/2004 good year revenue
 July 2005 – 50% of 2004/2005 good year revenue
 July 2006 – 50% of 2005/2006 good year revenue
 July 2007 – 75% of 2006/2007 good year revenue
 July 2008 – 75% of 2007/2008 good year revenue
”good year”* revenue is money received in excess of the City of Brentwood’s conservative estimate of revenue received from Park Development fees as set by the Director of Finance and Information Services.
• If the City has not met its financial commitment by the end of the 2007/2008 CIP program, then the City will complete its commitment using other funds, by July 2009.
• The City and LUHSD will develop a long-term use agreement that guarantees City sponsored use of the joint use facilities.

These approved guiding principals provide LUHSD the framework to know that the City of Brentwood will pay for the joint use project while making sure that no funded park projects in the approved CIP program are at risk. By sharing only “good year” revenue, it allows for City and the joint use projects to be added when the conservative estimate of revenue are exceeded.

According to Pam Ehler, Director of Finance and Information Services, the amount of “good year” revenue for fiscal year 2002/2003 is $1,563,214. Twenty-five percent of that amount, which is due and payable is $390,803.50, leaving a balance in the project of $2,011,759.85 that is still owed as outlined above.

FISCAL IMPACT
$390,803.50 will be paid out of the park development fee account.

Attachments:
Resolution
CIP Project Sheets

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING PAYMENT BY THE CITY OF BRENTWOOD TO THE LIBERTY UNION HIGH SCHOOL DISTRICT FOR CIP PROJECTS HERITAGE HIGH JOINT USE GYMNASIUM AND HERITAGE HIGH JOINT USE POOL IN THE AMOUNT OF $390,803.50

WHEREAS, the City of Brentwood and Liberty Union High School District have a long history of working together on joint use projects; and

WHEREAS, the City and School District have agreed to develop joint use projects at Heritage High School; and

WHEREAS, on August 27, 2002, City Council approved funding of $2,500,000 and yearly funding schedule for developing of a joint use gymnasium and pool at Heritage High School, and

WHEREAS, the City has determined the amount of payment for fiscal year 2002/03 that is payable to the School District

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Brentwood approves payment to Liberty Union High School District in the amount of $390,803.50 for fiscal year 2002/03.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on December 9, 2003 by the following vote:

AYES:
NOES:
ABSENT:
____________________________
Brian Swisher
Mayor

ATTEST:

__________________________________
Karen Diaz, CMC
City Clerk
 

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