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<br />expertise that he would need to render his opinion. The City then retained those consultants. One of the <br />consultants has expertise in geologic issues, and after review of the expert reports submitted as part of <br />the land use process, recommended additional drilling that should be done. (The Planning Commission <br />had reached a tentative conclusion that additional geologic information was necessary.) Given the <br />schedule of drillers, the drilling could not happen until the latter part of October. It is expected that the <br />City and appraiser will receive that information and that the appraiser will be able to complete his <br />analysis by the end of November or beginning of December. <br /> <br />At the work session, staff should be able to confirm when the drilling will occur. Based on that <br />information, staff may have a more definite date from the consultant and appraiser as to when the <br />appraiser will have an opinion on value (based on the high, medium and low levels of development <br />intensity). <br /> <br />Councilors also requested information concerning the possible use of parks and open space bond funds <br />for acquisition, and the possibility of personal liability if the source of funds is later determined to be an <br />improper source. The City Attorney’s Office has concluded that the parks and open space bond <br />proceeds can be used for acquisition of the Green and Beverly properties, although there is a limit on <br />how much of the proceeds can be used. For example (and hypothetically only since the appraiser has <br />not yet provided his opinion on values for the properties), the council could not choose to spend the <br />entire bond measure on the acquisition of the two properties, because the bond measure states that the <br />bond proceeds will be used for purposes beyond acquisition of open space. Determining where that <br />limit is will require input from the city’s bond counsel. Rather than attempt to determine that question <br />in the abstract, staff is waiting until after the appraiser has completed the appraisals. At that point, staff <br />can obtain the input from bond counsel and then inform the council whether the entire appraisal amount <br />could be funded from the bond proceeds, should the council decide to use that source of funds. <br /> <br />With regard to the possibility of personal liability, the City Attorney’s Office believes that councilors <br />would not be personally liable should the council decide to use the bond proceeds and a court later <br />determines that the bond proceeds should not have been used. At the time that the City Attorney <br />provides the council with a more formal opinion on the question of use of funds (after input from bond <br />counsel and numbers from the appraiser), the City Attorney also will provide the council with more <br />information about this issue. <br /> <br /> <br />RELATED CITY POLICIES <br />Not applicable. <br /> <br /> <br />COUNCIL OPTIONS <br /> <br />This work session is to provide information only. Based on the council’s July 9 motion, no action is <br />contemplated until after the appraiser completes his analysis and shares with the council his opinion on <br />values. <br /> <br /> <br />CITY MANAGER’S RECOMMENDATION <br /> <br />The City Manager has no recommendation on this item. <br /> <br /> F:\CMO\2007 Council Agendas\M071022\S071022B.doc <br /> <br />