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Home My WebLink AboutRES NO 85-98RESOLUTION NO. 8 5 '" 9 8 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 VqHEREAS, 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 OR~GINA[ 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 ..... and B, 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. OR!GINAL Page 3 I HEREBY CERTIFY that the forgoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 2 4 ¢J~ by the following vote: AYES: COUNC~LI~I~6ER D~IOND, ~, 8MITH,-l~cl~'fll~O1ff, ROWLES, SULLIVAN, S~VA~10 NOES: ~I~R ~ CITY CLERK and Ex Offic~o~31erk of the Council of the City of Bak r(~ield APPROVED: ~,~ 2 4 1998 MAYO R '~~'/'ty~o f~B~a ke rsfield APPROVE~ to form: Virgi~ Genn,ar/e' / Deputy City A~orney Ci~ of Bakersfield ORIGIN/',[ SCHEDULE A ACCOUNTING OF REVENUE AND EXPENDITURES FOR THE90-91,91-92, AND92-93FISCALYEARS FOR PARK ACQUISITION AND DEVELOPMENT A B FEES COLLECTED IN AMOUNT IN COLUMN "A" BALANCE OF UNEXPENDED 90-91, 91-92 AND 92-93 FYS THAT WAS EXPENDED BY 90-91,91-92, 92-93 REVENUE (INCLUDES ALLOCATION 6/30/97 FOR PARK AS OF 6/30/97 OF INTEREST) IMPROVEMENTS COLUMNS A - B ACQUISITION ZONE 1 - CAL STATE 138,404.72 105,712.50 32,692.22 ZONE 2 - STOCKDALE 0.00 0.00 0.00 ZONE 3 - PANAMA 106,695.29 106,695.29 0.00 ZONE 4 - FAIRVIEW 38,735.61 0.00 38,735.61 ZONE 5 - CENTRAL 7,053.86 0.00 7,053.86 ZONE 6 - PANORAMA 69,148.08 0.00 69,148.08 ~)EVELOPMENT ZONE 1 - CAL STATE 568,918.46 430,780.51 138,137.95 ZONE 2 - STOCKDALE 85,073.96 19,100.38 65,973.58 ZONE 3 - PANAMA 407,145.98 407,145.98 0.00 ZONE 4 - FAIRVIEW 291,786.84 29,659.32 262,127.52 ZONE 5 - CENTRAL 37,292.23 33,435.73 3,856.50 ZONE 6 - PANORAMA 233,048.75 6,467.00 226,581.75 ~' TOTALS 1,983,303.78 1,138,996.71 844,307.07 P:\Quattro Docs\Fu nd322\5YRFUN DS.wb3 04-May-98 08:40 AM SCHEDULE B Proposed commitment of the unexpended portion of Park Acquisition and Development fees collected in the 1990-91, 1991-92, 1992-93 fiscal years. Acquisition Funds Zone I - Cal State Zone 4 - Fairview Zone 5 - Central Balance of unexpended 1990/91, 1991192 and 1992/93 Revenue as of 06/30/97 $32,692.22 $38,735.61 $7,053.86 Notes Funds to be used for park development in the Stockdale Highway/ Jenkins Road area. (Will be included in Capital Improvement Plan for 2002+ fiscal year) 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 1999-00 FY. Funds to be budgeted as debt service) No new parks are expected in Zone 5. Funds to be used for enhancements of existing parks (fencing and signage improvements) (Included in 1997-98 Capital Improvement Plan) Zone 6 - Panorama $69,148.08 Funds to be used to acquire park site near Miramounte and Hwy 178 (Anticipated acquisition date 1999-2000 FY. Funds to be budgeted as debt service) O,q!GINAI Development Funds Zone 1 Cal State Zone 2 - Stockdale Zone 4 - Fairview Zone 5 - Central $138,137.95 $65,973.58 $262,127.52 $3,856.50 Fund to be used for park development in the area of Mountain Vista and Campus Park Drive. (Will be included in Capital Improvement Plan for 1999/2000+ fiscal year.) Funds to be used to enhance existing parks (replace play- ground equipment and improve fencing and signage) (Included in 1997-98 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 1997-98 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 & 1999-00 respectively. Both projects will be phased over multiple years) Funds to be used for enhancements of existing parks (fencing, signage and driveway improvements) (Included in 1997-98 and 1998-99 Capital Improvement ,~ Plans OR Zone 6 - Panorama $226,581.75 1. Funds to be used to enhance existing parks (replace play- ground equipment) (Included in 1997-98 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) $844,367.07