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Home My WebLink AboutRES NO 45-99RESOLUTION NO. 4 5 - 9 9 RESOLUTION MAKING FINDINGS AND DETERMINATION REGARDING COMMITMENT OF UNEXPENDED PARK ACQUISITION AND DEVELOPMENT FEES WHEREAS, the City adopted Ordinance No. 3317 adding Chapter 15.80 of the Bakersfield Municipal Code on September 19, 1990 in accordance with Government Code Section 66477 et seq for the purpose of acquiring park land; and WHEREAS, the City has been collecting fees for park land purposes in accordance with said Chapter 15.80 for over five years; and WHEREAS, in accordance with Government Code 66477, any fees collected under said Chapter 15.80 shall be committed within five years after payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later; and WHEREAS, if fees collected under Chapter 15.80 have not been committed within the preceding time frame, refunds of said uncommitted fees are to be made to current property owners within the subdivision from which the fee was collected; and WHEREAS, the City adopted Ordinance No. 3327 adding Chapter 15.82 of the Bakersfield Municipal Code on November 7, 1990 in accordance with Government Code Section 66000 et seq for the purpose of developing and improving parks; and WHEREAS, the City has been collecting fees in accordance with Chapter 15.82 for over five years; and WHEREAS, in accordance with Government Code 66001, the local agency shall make findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged; and WHEREAS, if the local agency cannot demonstrate a need for unexpended or uncommitted fees collected pursuant to Government Code 66000 et seq, the local agency shall refund said fees to current owners of property; and WHEREAS, attached Schedule "A" summarizes unexpended revenue collected in accordance with Chapters 15.80 and 15.82 and currently held by the City; and Page 2 WHEREAS, the City determines said unexpended or uncommitted funds collected and held by the City is still needed for the purposes of acquiring and developing parks to serve those residential areas from which the fee was collected; and WHEREAS, the City proposes to commit said unexpended fees as shown on Schedule "A" in accordance with the attached Schedule "B"; and NOW, THEREFORE, BE IT FOUND AND RESOLVED BY the Council of the City of Bakersfield as follows: 1. The above recitals, incorporated herein, are true and correct. Fees collected and held by the City in accordance with Chapters 15.80 and 15.82 are deemed still needed and committed for the purposes of park land acquisition and development to serve those residential areas within the applicable zone of benefit from which the fee was collected. Attached Schedule "B" is adopted as the proposed schedule specifying how and where the fees will be used to serve the residents of the applicable zone of benefit from which the fee was collected. This resolution constitutes the annual fiscal year findings for the required schedule specifying the commitment and expenditure of funds collected five or more years ago. Page 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APR 28 ~999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER OnE, CITY CLERK and Ex Offici;Cle~of t~e Council of the City of Bakersfield APPROVED APR 2 8 1999 MAYOR of Bakersfield APPROVED as to form: BART J. THILT, GEN City Attorney ( Deputy City Attorney SCHEDULE A ACCOUNTING OF REVENUE AND EXPENDITURES FOR THE 90/91, 91/92, 92/93 AND 93/94 FISCAL YEARS FOR PARK ACQUISITION AND DEVELOPMENT A B COLUMNS A - B FEES COLLECTED IN AMOUNT IN COLUMN "A" BALANCE OF UNEXPENDED FY 90/91, 91/92, 92/93 AND 93/94 THAT WAS EXPENDED BY FY 90/91, 91/92, 92/93 (INCLUDES ALLOCATION 6/30/98 FOR PARK AND 93/94 FUNDS OF INTEREST) IMPROVEMENTS AS OF 6/30/98 'ACQUISITION ZONE I - CAL STATE 150,972.59 105,712.50 45,260.09 ZONE 2 - STOCKDALE 0.00 0.00 0.00 ZONE 3 - PANAMA 125,343.37 125,343.37 0.00 ZONE 4 - FAIRVIEW 40,231.85 0.00 40,231.85 ZONE 5 - CENTRAL 7,326.33 I 0.00 7,326.33 ZONE 6 - PANORAMA 89,131.25I 0.00 89,131.25 DEVELOPMENT ZONE I - CAL STATE 629,703.94 590,665.22 39,038.72 ZONE 2 - STOCKDALE 102,656.78 31,495.11 71,161.67 ZONE 3 - PANAMA 574,009.34 574,009.34 0.00 ZONE 4 - FAIRVIEW 356,890.89 52,851.99 304,038.90 ZONE 5 - CENTRAL 48,890.15 48,890.15 0.00 ZONE 6 - PANORAMA 291,261.71 10,181.07 281,080.64 TOTALS 2,416,418.20 1,539,148.75 877,269.45 P:\Quattro Docs\Fund321\Park Improvement Fund.wb3 14-Apr-99 01:45 PM SCHEDULE B Proposed commitment of the unexpended portion of Park Acquisition and Development fees collected in the 1990/91, 1991/92, 1992/93, and 1993/94 fiscal years. Acquisition Funds Balance of unexpended 1990191 1991/92, 1992/93, and 1993194 funds as of 06~30~98 Notes Zone 1 - Cal State $45,260.09 Funds to be used to acquire a park site at Mountain Vista and Campus Park Drive. Acquisition anticipated 2002/03. Zone 2 - Stockdale $0.00 No funds were acquired in this zone from FY 90/91 through FY 93/94. Zone 3- Panama $0.00 All funds acquired in this zone from FY 90/91 through FY 93/94 were expended by 6/30/98. Zone 4- Fai~iew $40,231.85 Funds to be used to acquire park site at No.. Panama Ln/East of Monitor and/or Southwest corner Berkshire and So. H. Acquisition anticipated 2000/01. Zone 5 - Central $7,326.33 No new parks are anticipated in this zone. Funds to be used for enhancements to existing parks (fencing and signage improvements). Included in 1998/99 Capital Improvement Plan. Zone 6 - Panorama $89,131.25 Funds to be used to acquire park site near Miramounte and Hwy 178. Acquisition anticipated 2003/04, P:\Quattro Docs\Fund321\Park Improvement Fund.wb3 14-Apr-99 01:58 PM Development Funds Zone 1 Cal State Balance of unexpended 1990191 1991/92, 1992193, and 1993194 funds as of 06/30198 $39,038.72 Notes 1. Funds to be used for improvements to existing parks. Budgeted in 1998/99 Captial Improvement Plan. 2. Also for development of a park at Mtn. Vista and Campus Park Drive, anticipated to begin 2003/04. Zone 2 - Stockdale $71,161.67 Funds to be used to enhance existing parks (replace playground equipment and fencing improvements). Included in 1998/99 and 1999/2000 (proposed) Capital Capital Improvement Plan. Zone 3- Panama $0.00 All funds acquired in this zone from FY 90/91 through FY 93/94 were expended by 6/30/98. Zone 4- Fai~iew $304,038.90 1. Funds to be used to enhance existing parks (replace playground equipment, fencing improvements, and resurfacing basketball courts). Included in 1998/99 and 1999/00 (proposed) Capital Improvement Plan. P:\Quattro Docs\Fund321\Park Improvement Fund.wb3 14-Apr-99 01:58 PM 2. Funds also to be used to develop Southwest corner of Berkshire/So. H park site and/or North of Panama Lane/ East of Monitor park site Included in Capital Improvement Plan for 2002/03 & 2001/02 respectively. Both projects will be phased over multiple years. Development Funds Balance of unexpended 1990/91 1991192, 1992193, and 1993194 funds as of 06/30/98 Notes Zone 5 - Central $0.00 All funds acquired in this zone from FY 90/91 through FY 93/94 were expended by 6/30/98. Zone 6 - Panorama $281,080.64 1. Funds to be used to enhance existing parks (replace playground equipment). Included in 1998/99 and 1999/00 (proposed) Capital Improvement Plan. 2. Funds also to be used to develop park site near Miramounte and Hwy 178. Anticipated 2004/05. $877,269.45 3. Funds also to be used for development of Panorama Hills Park site. Anticipated 2002/03. P:\Quattro Docs\Fund321\Park Improvement Fund.wb3 14-ApF99 01 ::58 PM