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04
City of Pleasanton
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2012
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10/11/2012 11:15:49 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/16/2012
DESTRUCT DATE
15Y
DOCUMENT NO
04
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transfer th- designated funds to the entity identified for expenditure of the fun. . The County <br /> shall provide . annual written report to the Livermore and Pleasanton City ouncils and the <br /> Board on the p vious year's expenditures from the Accounts. <br /> 7.3. The fees accrued by the County shall be allocate. o the Accounts in the <br /> following manner: <br /> 7. 1. All of the fees collected under the • ended Use Permit pursuant <br /> to the provision set forth at ondition No. 18.1 of Exhibit"A," . one-half(1/2)of the fees <br /> collected under the Amend . Use Permit pursuant to the provis..n set forth at Condition No. <br /> 18.2 of Exhibit "A," shall be a .cated to the Open Space Ac aunt for expenditure on open space <br /> acquisition (in fee or permanent ement) in the following • eas: (1) eighty percent(80%) in the <br /> eastern area, as depicted in Exhibit"C" attached hereto,o which no more than one-third (1/3)of <br /> such funds may be expended in the . ea within the Live. ore/County joint North Livermore <br /> Planning Area; and(20) twenty percen (20%)in the stem area,as depicted in Exhibit"C." <br /> 7.3.2. One-fourth 1/4) of - fees collected under the Amended Use <br /> Permit pursuant to the provision set forth a Cond. ion No. 18.2 of Exhibit "A"attached hereto <br /> shall be allocated to the Host Community Im a a Account for expenditure on improvements and <br /> programs to benefit City of Livermore residen and the surrounding community. <br /> 7.3.3. One-fourth ( 4)o e fees collected under the Amended Use <br /> Permit pursuant to the provision set forth <t Conditton No. 18.2 of Exhibit"A"attached hereto <br /> shall be allocated to the Education Ac . nt for expe iture on recycling and diversion education <br /> programs and job training in the field a f waste diversio, and recycling. Two cents($0.02) of <br /> every twenty-five cents ($0.25) that 's deposited into the ducation Account, up to a maximum <br /> of one hundred thousand dollars ( 00,000),shall be earm: ked by the Advisory Board <br /> described in Subsection 7.6.1 to itigate the impacts of the LRRF operations on the affected <br /> neighboring community. To - extent that expenditures fro this fund are made, it shall be <br /> replenished up to the maxim of one hundred thousand dollar- ($100,000) by the earmarking <br /> of two cents ($0.02) of eve' twenty-five cents ($0.25)deposed i o the Education Account. <br /> Any money remaining in i e earmarked fund at the end of the AL• • Expansion shall be <br /> released and may be ex. .nded for the general purposes of the Educa in Account. <br /> 7.3.4. In the event that(i)a final, non-appealable dgment determines <br /> that the fees impo-=. by the Amended Use Permit(pursuant to Conditions o. 18.1 and 18.2 of <br /> Exhibit"A"a . hed hereto), or any portion thereof, cannot be lawfully inmpo' d, collected <br /> and/or expen. . for the purposes set forth in Subsections 7.3 through 7.6 of thi Agreement, and <br /> (ii) all avail. .le means to lawfully impose, collect, and expend said fees for the fo egoing <br /> purposes 'ave been exhausted, then the portion of said fees which cannot be lawful imposed, <br /> collect-.r, and/or expended for the foregoing purposes shall instead be imposed, colle d and <br /> expe .ed for acquisition of open space in fee or permanent easement in the vicinity of <br /> . <br /> 7.4. Expenditures from the Open Space Account shall be made as follows: <br /> 7.4.1. The County shall convene an Advisory Committee consisting of <br /> the following members:one (1)-member appointed by the Board one (1) member appointed by <br /> 14 Final Altamont Settlement Agreement <br />
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