HomeMy WebLinkAboutRES NO 46-00RESOLUTION 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 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 section 66477, any fees
collected under said Chapter '~5.80 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
Page 1 of :3
WHEREAS, attached Schedule "A" summarizes unexpended revenue collected in
accordance with Chapters 15.80 and 15.82 and currently held by the City; and
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:
I. 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 wiiI 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.
..... ooOoo ......
VG:alj
T:~Attorney-Boiler~Reso.5YrAdminRpt.wpd
May t 0, 2000
Page 2 of 3
I HEREBY CERTIFY that the foregoing Resolution was passed and adop]ed by the
Council of the City of Bakersfield at a regular meeting thereof held on ~A¥ 2, 2000
, by the following vote:
Ayes: Councilmember DeMond, Carson, Maggard, Couch, Rowles, Sullivan, Salvaggio
Noes: Councilmember
Abstain:Councilmember
Absent: Councilmember /~
CITY CLERK AND EX O¢¢1010 of the
Council of the City of Bal(ersfield
APPROVED MAY ~
By
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attor~
By _ VIRGINIA GE~N~ARO
Deputy City Attorney
VG:alj
T:~Attorney-Boiler\Reso,SYrAd rain Rpt,wpd
May 10, 2000
Page 3 of :½
SCHEDULE A
ACCOUNTING OF REVENUE AND EXPENDITURES
FOR THE90/91THROUGH94/95FISCALYEARS FOR PARK ACQUISITION
AND DEVELOPMENT
! A B COLUMNS A- B
! FEES COLLECTED BALANCE OF
~ FROM FY 90/91 AMOUNT IN COLUMN "A" UNEXPENDED
! THROUGH FY 1994/95 THAT WAS EXPENDED BY FY 90191 THROUGH
(INCLUDES ALLOCATION 6/30/99 FOR PARK 94/95 FUNDS
OF INTEREST) IMPROVEMENTS AS OF 8/30/99
ACQUISITION
ZONE I - CAL STATE $187,169 $105,713 $81,456
ZONE 2 - STOCKDALE 0 0 0
ZONE 3 - PANAMA ! 223,83;_~ 223,832 0
ZONE 4 - FAIRVlEW I 42,628 0 42,628
ZONE 5 - CENTRAL ~ 7,763 0 7,763
ZONE 6 - PANORAMA I 104,870 0 10,4,870
DEVELOPMENT
ZONE I - CAL STATE 756,517 594,551 161,966
ZONE 2 - STOCKDALE 148,024 39,618 10,8,406
ZONE 3 - PANAMA i 672,421 672,421 0
ZONE 4 - FAIRV~EW i 397,310 55,042 34:2,268
ZONE 5 - CENTRAL
~ 54,530 54,530 0
ZONE 6 - PANORAMA i 434,496 10,181 42,4,315
TOTALSI $3,029,559 $1,755,887 $1,27:3,672
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SCHEDULE B
Proposed commitment of the unexpended portion of Park Acquisition and
Development fees collected in the 1990/91, 1991/92, 1992/93, 1993/94 and 1994/95
fiscal years.
Acquisition Funds
Batance of unexpended
1990/91 through 1994/95
funds as of 06/30/99
Notes
Zone 1 - Cai State
$81,456
Funds to be used to acquire a park
site at Mountain Vista and Campus
Park Drive. Acquisition anticipated
2004/05~
Zone 2 - Stockdale $0
No funds were acquired in this zone
from FY 90/91 through FY 94/95
Zone 3 - Panama $0
All funds acquired in this zone from
FY 90/91 through FY 94/95 were
expended by 8/30/98.
Zone 4 - Fairview
$42,628
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 2001/02.
Zone 5 - Central $7,763
No new parks are anticipated in this
zone. Funds to be used for
enhancements to existing parks
(swimming pool and other
improvements), included in 1999/00
Capital Improvement Plan.
Zone 6 - Panorama
$104,870
1. Funds to be used to acquire
park site near Panorama and
end Palodino Dr. Acquisition
planned 1999/00,
1. Also, a park site near Miramounte and Hwy
!78, acquisition planned 2004~05.
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Development Funds
Zone 1 - Cai State
Baiance of unexpended
1990/91 through 1994/95
funds as of 06/30/99
$161,966
Notes
I. Funds to be used for
improvements to existing parks.
Budgeted in 1999/00 Capital
Improvement Plan.
2. Also for development of a park
at Mtn. Vista and Campus Park
Drive, anticipated to begin 2004/05.
Zone 2 - Stockdale
$108,406
Funds to be used to enhance
existing parks (replace playground
equipment and swimming pool
improvements). Included in 1999/00
Capital Improvement Plan.
Zone 3- Panama $0
All funds acquired in this zone from
FY 90/91 through FY 93/94 were
expended by 6/30/98.
Zone 4 - Fairview
$342,268
l. Funds to be used to enhance existing
parks (swimming pool improvements),
fncluded in 1999/00 Capital
Improvement Plan.
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 2001/02~ Both projects
will be phased over multiple
years.
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Development Funds
Batance of unexpended
990/91 through 1994/95
funds as of 06/30/99
Notes
Zone 5 - Central $0
All funds acquired in this zone from
FY 90/91 through FY 93194 were
expended by 6/30/98.
Zone 6 - Panorama
$424,315
1. Funds to be used to enhance
existing parks (swimming pool
improvements). Included in 1999/00
Capital Improvement Plan.
2. Funds also to be used to
develop park site near
Palodino and Panorama Drives.
Anticipated 2002/03.
$1,273,672
3. Funds also to be used for
development of Panorama Hills
Park site. Anticipated 2002/03~
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