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Home My WebLink AboutRES NO 322-04RESOLUTION NO. 3 ~, ~,. 0 '~ 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, ir~ 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 I of 3 Pages -- ORIGINAL. WHEREAS, the City determines said unexpended or uncommitted funds collected and held by the City are 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: 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 rand 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 ..... C:\DOC U M E-l\rjamison\LOCALS-1 ',Temp\parkacquistionunexpendfees-04 doc December 3, 2004 -- Page 2 of 3 Pages -- ORI¢!NAL 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 DEC, [ 5 ~0(~ , by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and EX OF--/FICIO of the Council of the City of Bakersfield APPROVED: DEC I 5 Z004 CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney Deputy City Attorney December 3, 2004 -- Page 3 of 3 Pages -- ~R'GINAL~ SCHEDULE A ACCOUNTING OF REVENUE AND EXPENDITURES FOR THE 90/91 THROUGH 98/99 FISCAL YEARS 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 1998199 THAT WAS EXPENDED BY FY 90191 THROUGH INCLUDES ALLOCATION 6/30/04 FOR PARK 98199 FUNDS OF INTEREST) IMPROVEMENTS AS OF 61~0!04 ACQUlS I , ZONE 1 - Southwest 745,433 439,656 305,781 ZONE 2 - Central 43,330 25,85¢ 17,480 ZONE 3 - Northeast 142,923 142,923 0 D OPMEHT ZONE 1 - Southwest 3,881,58~ 3,204,781 676,808 ZONE 2 - Central 635,461 614,460 21,001 ZONE 3 - Northeast 769,288 592,54(~ 176,747 TOTALS $6,218,024 $5,020,207 $~, ! 97,817 ORIGINAL SCHEDULE B Proposed commitment of the unexpended portion of Park Acquisition and Development fees collected in the fiscal years from 1990/91 through 1998/99. Balance of unexpended 1990191 through 1998199 Acquisition Funds funds as of 06/30/04 Status Zone 1 - Southwest $305,781 Staff has identified future park sites based on population projections. Sufficient funds are required for purchase of land that meets the minimum 10-acre park standard. Once sufficient funds are accumulated, a park site will be purchased. Zone 2 - Central $17,480 Staff has identified future park sites based on population projections. Sufficient funds are required for purchase of land that meets the minimum 10-acre park standard. Once sufficient funds are accumulated, a park site will be purchased. Zone 3 - Northeast $0 All funds acquired in this zone from FY 90/91 through FY 98/99 were expended by 06/30/04. Development Funds Zone 1 - Southwest $676,808 Funds in this zone will be applied toward the completion of the 32-acre park located at Stockdale Highway and Buena Vista Road. Zone 2 - Central $21,001 Funds in this zone will be applied toward the completion of the Silver Creek Community Center Refurbishment. Zone 3 - Northeast $176,747 Funds in this zone will be applied toward the completion of Mesa Marin Phase I (utilities and irrigation) and replacement of one softball diamond at Mesa Matin. $1,197,817 ORIGINAL