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starting a new practice that if the revenues are received by the end of the calendar year, they will be programmed for the next fiscal year. Mr. Bmzosky believed this was only an issue because the Council previously elected to move some of the park in-lieu fees into Capital Improvement projects. Normally the park in-lieu fees would stay in this fund until a park was actually built. He asked if this was correct? Mr. Bocian said that a portion of this money would be used as part of the $2.8 million dollars that Council previously approved to be transferred. As the Mayor indicated, Council has the flexibility to program in a specific year. Provided that the City had the money by the time staffwas working on the CIP and making a recommendation on the CIP, Council could allocate that funding. Mayor Pico opened the meeting for public comments. Mark Sweeney, 6150 Stoneridge Road, #190, representing Ponderosa Homes, updated Council on the project. He noted that the project was under construction and the first building will be occupied in November 2004. Ponderosa Homes will deliver a building once a month for six months. He was hopeful that by this time next year, the project would be completely built. He said that Ponderosa Homes has a conditional approval that states that it needs to provide outreach to the Pleasanton community first. He provided information about the approval process for this project, and mentioned that it started with a unanimous approval by the Housing Commission. Ponderosa Homes took the project to the Planning Commission, but not the Parks and Recreation Commission. He noted that the Planning Commission did a thorough job with every aspect of the development. After the public hearing was closed, the issue of the in-lieu park dedication fees surfaced. This fee was added by unanimous approval of the entire Busch project, and the waiver of this fee was not recommended. He said that Ponderosa Homes did not have an opportunity to discuss this with the Planning Commission. Ponderosa Homes' options after this was to come to the City Council with this project which had overwhelming community support and momentum behind it, or to go back through the process. At that time, Ponderosa Homes elected not to start the process over with the Parks and Recreation Commission, Planning Commission and the City Council. Ponderosa Homes did not think it was equitable that it would have to pay $606,000, but given the choice of starting over or paying the $606,000, it decided to accept the in-lieu park dedication fees. From an equitable point of view, this project will receive about $5,800 per affordable unit in fee waivers, some of which are waived by ordinance and some at Council's discretion. Ponderosa Homes appreciated the help and the way it collaborated with Council and staff to bring this project on line. When the fee waivers for this project are compared with the projects that preceded it, it does not match up. Some of the projects were granted as high as $20,000 per unit in fee waivers, and the average was close to $18,000. Ponderosa Homes did not believe it was out of line in asking not to have to pay this in-lieu park dedication fee. Most of the affordable projects that preceded it did not pay a park fee. When you compare the affordability of those projects with what Ponderosa Homes is delivering, it does not make sense. Ponderosa Pleasanton City Council 9 05/04/04 Minutes