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Home My WebLink AboutRES NO 138-03 138-03 RESOLUTION NO. A 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 Govemment 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 section 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 section 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 has charged; and WHEREAS, if the local agency cannot demonstrate a need for unexpended or uncommitted fees collected pursuant to Government Code section 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 1 of 3 Pages -- WHEREAS, the City determines said unexpended or uncommitted funds collected and held by the City is still needed for the purpose 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 RESOLVED by the Council of the City of Bakersfield as follows: 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. ..... oo0oo ..... VG:alj S:~COU N CIL\Resos\ParkAcquistion U nexpend Fees-O3.doc June 10, 2003 -- Page 2 of 3 Pages -- ORdiNAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ,JUL 3 0 Z003 , by the following vote: AYES: NOES: ASSTAIN: ABSENT: COUNCILMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and EX OFFICIO I~f the Council of the City of Bakersfield APPROVED: i~/%~ 0 ~003 HARVEY L HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN City Attorney ' -V~I~GI N IA ~C.~N I~ARO D~puty Cit~J Attorney Vg:alj 8:\CO U NCIL\Resos'~Pa rkAcq uistion U nexpend Fees-03.doc June 10, 2003 -- Page 3 of 3 Pages -- 0RIGiNA[ SCHEDULE A ACCOUNTING OF REVENUE AND EXPENDITURES FOR THE 90/91THROUGH 97/98FISCALYEARS FOR PARK ACQUISITION AND DEVELOPMENT A B COLUMNS A - B FEES COLLECTED BALANCE OF FROM FY 90/9t AMOUNT IN COLUMN "A" UNEXPENDED THROUGH FY t997/98 THAT WAS EXPENDED BY FY 90191 THROUGH (INCLUDES ALLOCATION 6130103 FOR PARK 95/96 FUNDS OF INTERESTI IMPROVEMENTS AS OF 6/30/03 ZONE 1 - CAL STATE $205,133 $115,744 $89,389 ZONE 2 - STOCKDALE 2,632 0 2,632 ZONE 3 - PANAMA 405,233 332,991 72,242 ZONE 4 - FAIRVlEW 63,711 1,175 62,536 ZONE 5 - CENTRAL 9,475 0 9,475 ZONE 6 - PANORAMA 127,998 127,998 0 ZONE 1 - CAL STATE 1,342,640 1,342,640 0 ZONE 2 - STOCKDALE 244,61 242,482 2,129 ZONE 3 - PANAMA 1,349,344 1,239,649 109,695 ZONE 4 - FAIRVlEW 669,569 63,946 605,623 ZONE 5 - CENTRAL 159,303 159,303 0 ZONE 6 - PANORAMA 626,408 561,477 64,931 TOTALS $5,206,057 $41187,405 $1,0181652 ORIGINAL SCHEDULE B Proposed commitment of the unexpended portion of Park Acquisition and Development fees collected in the fiscal years from 1990/91 through 1997/98. Balance of unexpended 1990191 through 1997198 Acquisition Funds funds as of 06130103 Status Zone 1 - Cai State $89,389 Staff is in the process of identifying future park sites based on population projections. Sufficient funds are required for purchase of land that meets the minimum 10-acre minimum park standard. Once sufficient funds are accumulated, a park site will be acquired. Zone 2 - Stockdale $2,632 Staff is in the process of identifying future park sites based on population projections. Sufficient funds are required for purchase of land that meets the minimum 10-acre minimum park standard. Once sufficient funds are accumulated, a park site will be acquired. Zone 3 - Panama $72,242 Staff is in the process of identifying future park sites based on population projections. Sufficient funds are required for purchase of land that meets the minimum 10-acre minimum park standard. Once sufficient funds are accumulated, a park site will be acquired. Zone 4 - Fairview $62,536 Staff is in the process of identifying future park sites based on population projections. Sufficient funds are required for purchase of land that meets the minimum 10-acre minimum park standard. Once sufficient funds are accumulated, a park site will be acquired. Zone 5 - Central $9,475 Staff is in the process of identifying future park sites based on population projections. Sufficient funds are required for purchase of land that meets the minimum 10-acre minimum park standard. Once sufficient funds are accumulated, a park site will be acquired. Zone 6 - Panorama $0 All funds acquired in this zone from FY 90/91 through FY 97~98 were expended by 06~30~03. ORIGINAL SCHEDULE B Proposed commitment of the unexpended portion of Park Acquisition and Development fees collected in the fiscal years from 1990/91 through 1997/98. Development Funds Balance ofunexpended 1990191 through 1997198 funds as of 06130103 Status Zone 1 - Cai State $0 All funds acquired in this zone from FY 90/91 through FY 97/98 were expended by 06/30/03. Zone 2 - Stockdale $2,129 Funds will be used toward the Yokuts playground ADA surfacing project identified in the Capital Improvement Program for FY 03/04. Zone 3- Panama $109,695 Staff is currently working on an agreement with the developer for completion of Phase II of Stonecreek Park. Project scheduled to be completed in FY 03/04. Zone 4 - Fairview $605,623 1. Funds to be used for two wet playgrounds anticipated for FY 04/05. 2. Balance of funds to be used to enhance existing recreation and park facilities anticipated for FY 05~06. Zone 5- Centml $0 All funds acquired in this zone from FY 90/91 through FY 97/98 were expended by 06/30/03. Zone 6 - Panorama $64,931 Funds will be used toward the Siemon Park playground ADA equipment and resurfacing project identified in the Capital Improvement Program for FY 03104. $1,018,662 ORIGINAi.