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Home My WebLink AboutRES NO 46-97RESOLUTION NO. RESOLUTION MAKING FINDINGS AND DETERMINATION REGARDING 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. 2. 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. 3. 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. 4. 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 ~l/~ ! $ lalllby the following vote: CITY CLERK AND EX OEFICIO of the Council of the City of Bakersfield APPROVED AYES: COLINCILI~EMBER DeMOND, CARSON, SMITH; i~cgERMO'l-r, ROWLES, SULLIVAN ABSTAIN: COUNCILMEMBER '~rt..Lw,--f' _. ABSENT: COUN61LMEMSER ....... _Yx--U'5~Jh~<_ _ _ BOB PRICE MArriOtt)of the ~f't)/of Bake~rsfield APPROVED AS TO FORM: BY:jI~DY K. SK~SEN OW Attorney/ Ci~ of Bakesfield s:\parks\contract\pkresol SCHEDULE A ACCOUNTING OF REVENUE AND EXPENDITURES FOR THE 90-91 AND 91-92 FISCAL YEARS FOR PARK ACQUISITION AND DEVELOPMENT FILENAME: P:\FUND322\5YRSCHA :.ACQUISITION ZONE 1 - CAL STATE ZONE 2 - STOCKDALE ZONE 3 - PANAMA ZONE 4 - FAtRVIEW i ZONE 5 -CENTRAL i ZONE 6 -PANORAMA i ZONE 7 -JENKINS !ZONE 1 - CAL STATE !ZONE 2 - STOCKDALE !ZONE 3 - PANAMA i ZONE 4 - FAIRVtEW i ZONE 5 - CENTRAL i ZONE 6 - PANORAMA · ZONE 7 - JENKINS A FEES COLLECTED IN 90-91 AND 91-92 FYS (INCLUDES ALLOCATION OF INTEREST) 85,080.10 0.00 74,426.05 24,777.47 0.00 49,726.83 0.00 286,759.79 67,591.90 155,584.57 164,025.54 18,754.89 127,482.34 69,418.69 AMOUNT IN COLUMN "A"I BALANCE OF UNEXPENDED THAT WAS EXPENDED BY, 90/91 AND 91-92 REVENUE 6/30/96 FOR PARK IMPROVEMENTS 85,080.10 0.00 74,426.05 0.00 0.00 0.00 0.00 168,582.82: 7,799.35! 155,584.57' 0.00 i! tS,754.89i 2,700.001' 0.00 AS OF 6/30/96 COLUMNS A - B 0.00 0.00 0.00 0.00 118,176.97 59,792.55 0.00 ie~io28 ~ 69,418.69 TOTALS 5~12,927.78 610,700.39 SCHEDULE B Proposed committment of the unexpended portion of Park Acquisition and Development fees collected in the 1990-91 and 1991-92 fiscal years, Balance of unexpended 1990/91 and 1991/92 Revenue as of 06/30/96 Notes Acquisition Funds Zone 4 - Fairview Zone 6 - Panorama Development Funds Zone 1 - Cal State $24,777.47 $49,726.83 $118,176.97 Funds to be used to acquire park site at No. Panama Ln/East of Monitor and/or Southwest corner Berkshire and So. H. (Anticipated acquisition date 1997-98. Funds to be budgeted as debt service) Funds to be used to acquire park site near Miramounte and Hwy 178 (Anticipated acquisition date 1999-2000 FY. Fundsto be budgeted as debt service) 1. Funds to be used to develop Tevis Ranch park site (Park site will be completed by 6/30/97) and/or; 2. Funds to be used to develop park site at Mountain Vista and Campus Park Drive. (Included in Capital Improvement Plan for 1998-99 and subse- quent fiscal years) and/or; 3. Funds to be used to enhance existing parks (replace play- ground equipment and other improvements) (Included in 1996-97 Capital Improvement Plan and will be included in future year CIP plan as a phased project) .. Zone 2 - Stockdale Zone 4 - Fairview Zone 6 - Panorama $59,792.55 $164,025.54 $124,782.34 Funds to be used to enhance existing parks (replace play- ground equipment and fencing improvements) (Included in 1996-97 Capital Improvement Plan and will be included in future year CIP plan as a phased project) 1. Funds to be used to enhance existing parks (replace play- ground equipment, fencing improvements, and resurfacing basketball courts) (Included in 1996-97 Capital Improvement Plan and will be included in future year CIP plan as a phased project) and; 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 2000-01 & 1998-99 respectively. Both projects will be phased over multiple years) 1. Funds to be used to enhance existing parks (replace play- ground equipment) (Included in 1996-97 Capital Improvement Plan and will be included in future year CIP plan as a phased project) and; 2. Funds also to be used to develop park site near Miramounte and Hwy 178 (Will be included in Capital Improvement Plan for 2002+ fiscal year) and/or; 3. Funds to be used for development of Panorama Hills Park site (Will be included in Capital Improvement Plan upon formation of maintenance district) Zone 7 - Jenkins $b~,418.69 Efi,.~cive 7/01/97, this zone will be combined with zone 1. Funds would be used for park development in the Stockdale Highway/ Jenkins Road area. (Will be included in Capital Improvement Plan for 2002+ fiscal year) fund322XSyrschb $610,700.39