SUBJECT: ADOPTION OF APPROPRIATION ORDINANCE AND FUNDING SOURCES RESOLUTION AMENDMENTS IN THE GENERAL FUND PROVIDING FUNDING IN THE AMOUNT OF $3.5 MILLION TO IMPLEMENT AN OPEN SPACE SETTLEMENT AGREEMENT WITH THE CITY OF MORGAN HILL AND THE MORGAN HILL UNIFIED SCHOOL DISTRICT
Council District: City-Wide
It is recommended that the City Council adopt the following:
1. Amendments to the 2001-2002 Appropriation Ordinance in the General Fund to:
a. Establish a City-Wide appropriation for the City of Morgan Hill/Morgan Hill Unified School District Open Space Agreement in the amount of $3,500,000;
b. Decrease the Open Space Earmarked Reserve appropriation by $500,000.
2. An amendment to the 2001-2002 Funding Sources Resolution in the General Fund to:
c. Increase the Estimate for Revenue from the State of California by $3,000,000.
On
August 31, 2001, the City of San Jose, the City of Morgan Hill and the Morgan
Hill Unified School District entered into a settlement agreement to resolve
litigation initiated by San Jose against the District. That litigation challenged the location of a
high school on a site (the Sobrato Site) located on Monterey Road within the
City of San Jose in the greenbelt area. The parties decided to settle the
litigation by agreeing to modify the location of certain portions of the high
school and to preserve as much as possible of the Sobrato Site as open space to
be used consistently with the City of San Jose and City of Morgan Hill
greenbelt policies.
As part of the settlement, the City of San Jose will pay
$3,500,000 to the District. The District will convey approximately 75 acres of
the Sobrato Site to the City for open space use, subject to an easement for
construction and maintenance of a storm drain/retention basin and flood
protection improvements. The parties
will also enter into an agreement with respect to the provision of sewer and
water utility service to the new high school.
This action will appropriate the funds for the $3.5 million payment to the District. The proposed funding sources are $3.0 million available to the City from the State of California for Open Space activities through the passage by the voters of Proposition 12, and $500,000 from a $1.0 million reserve created by the Council for Open Space expenses in the 2001-02 Adopted Budget.
Additional documents and agreements are necessary to implement the other provisions of the settlement agreement. The Council will not be requested to authorize transfer of the funds to the District until the other agreements are completed and the deed for the 75 acres of open space is received.
LARRY D. LISENBEE Budget Director
I hereby certify that there will be available for appropriation in the General Fund in the Fiscal Year 2001-02 moneys in excess of those heretofore appropriated therefrom, said excess being at least $3,000,000.
LARRY D. LISENBEE
Budget Director