HomeMy WebLinkAboutRES NO 078-01RESOLUTION NO. 0 ~' ~ ' 0 I
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 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
~a~ 1 o[ 3 'D
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:
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 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.
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Page 2 of 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~,
by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ,~4 ~ (~
COUNClLMEMSER /w ~
COUNClLMEMBER .~ ,~.~ E
CITY CLERK and Ex Offlc'~ Clerk of the
Council of the City of BakeYsfield
APPROVED JUN 13 Z00!
MAYOR of the City of Bakersfield
APPROVED ASTO FORM:
BART J. THILTGEN
City Attorney /
By ~ ~._~_ ~_,~ ~ ~...~.~
_ _ JVlRGiNf~A-~ENNARO
Deputy City Attorney
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Page 3 of 3
SCHEDULE A
ACCOUNTING OF REVENUE AND EXPENDITURES
FOR THE90/91 THROUGH 95/96FISCALYEARS FOR PARK ACQUISITION
AND DEVELOPMENT
A B COLUMNS A - B
FEES COLLECTED BALANCE OF
FROM FY 90191 AMOUNT IN COLUMN "A" UNEXPENDED
THROUGH FY 1995196 THAT WAS EXPENDED BY FY 90191 THROUGH
(INCLUDES ALLOCATION 6/30100 FOR PARK 95~96 FUNDS
OF INTEREST) IMPROVEMENTS AS OF 6~30~00
ACQUISITION
ZONE I - CAL STATE $192,956 $105,713 $87,243
ZONE 2 - STOCKDALE 2,309 2,309 0
ZONE 3 - PANAMA 270,298 267,631 2,667
ZONE 4 - FAIRVlEW 55,907 0 55,907
ZONE 5 - CENTRAL 8,314 8,314 0
ZONE 6 - PANORAMA 112,320 0 112,320
DEVELOPMENT
ZONE I - CAL STATE 983,804 594,551 389,253
ZONE 2 - STOCKDALE 207,587 62,294 145,293
ZONE 3 - PANAMA 901,972 901,972 0
ZONE 4 - FAIRVlEW 468,320 57,796 410,524
ZONE 5 - CENTRAL 68,328 68,328 0
ZONE 6 - PANORAMA 485,471 10,181 475,290
TOTALS $3,757,586 $2,079,089 $1,678,497
SCHEDULE B
Proposed commitment of the unexpended portion of Park Acquisition and
Development fees collected in the fiscal years from 1990/91 through 1995/96
Acquisition Funds
Balance of unexpended
199019t through 1995/96
funds as of 06/30100
Notes
Zone 1 - Cai State
$87,243
Funds to be used to acquire a park
site at Mountain Vista and Campus
Park Drive. Acquisition anticipated
2005/06
Zone 2 - Stockdale
$0
Zone 3 - Panama $2,667
All funds acquired in this zone from
FY 90/91 through FY 94/95 were
expended by 6~30~00.
All funds acquired in this zone from
FY 90/91 through FY 94/95 are being
expended in FY 00/01
Zone 4 - Fai~iew
$55,907
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 in FY 04/05 and 05/06
Zone 5 - Central $0
Ail funds acquired in this zone from
FY 90/91 through FY 94/95 were
expended by 6~30~00.
Zone 6 - Panorama
$112,320
1. Funds used to acquire
park site near Panorama and
and Palodino Dr. Acquisition
in FY 00/01
2. Also, a park site near Miramounte and Hwy
178, acquisition planned 2004105.
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Development Funds
Zone 1 - Cai State
Balance of unexpended
1990191 through t995/96
funds as of 06/30100
$389,253
Notes
1. Funds to be used for
improvements to Rio Vista Park,
budgeted in 00/01 Capital
Improvement Plan.
Zone 2 - Stockdale
$145,293
Funds to be used to enhance
existing p~rks (replace playground
equipment and swimming pool
improvements). Included in 00101
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 - Fai~iew
$410,524
1. Funds to be used to enhance existing
parks (swimming pool improvements),
Included in 00/01 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
anticipated beginning In 04/05.
Both projects
will be phased over multiple
years.
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Development Funds
Balance of unexpended
1990191 through 1995/96
funds as of 05/30100
Notes
Zone 5 - Central $0
All funds acquired in this zone from
FY 90/91 through FY 93/94 were
expended by 6/30/98.
Zone 6 - Panorama
$475,290
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 2003/04.
$1,678,497
3. Funds also to be used for
development of Panorama Hills
Park site. Anticipated 2003/04.
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