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RESOLUTION NO. 08-169 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, FINDING <br />THAT CERTAIN DEVELOPMENT IMPACT FEES COLLECTED FROM DEVELOPERS <br />ARE UNEXPENDED AFTER FIVE YEARS BUT THAT THE FUNDS ARE COMMITTED <br />TO PARTICULAR PROJECTS SUBJECT TO FUTURE COUNCIL REVIEW AND <br />CONSIDERATION <br />WHEREAS, Government Code 66001(d), effective January 1, 1989, requires the City (a) <br />to make findings once each fiscal year with respect to any portion of a fee remaining <br />unexpended in its account five or more years after deposit of the fee, (b) to identify the purpose <br />to which the fee is to be put and to demonstrate a reasonable relationship between the fee and <br />the purpose for which it is charged, (c) to identify all sources and amounts of funding anticipated <br />to complete financing and (d) to designate the approximate date the expected funding will be <br />deposited; and <br />WHEREAS, staff has reviewed the development fees collected between July 1, 2001 <br />end June 30, 2002 to determine if any such development fees remain unexpended; and <br />WHEREAS, staff has found that there are three development impact fees collected from <br />developers for this period that remain unexpended; and the City is committed to use these fees <br />for construction of capital improvements; and <br />WHEREAS, staff has reviewed the development fees collected between July 1, 1996 <br />and June 30, 1997 that received findings five years ago to determine if any such development <br />fees still remain unexpended; and <br />WHEREAS, staff has found that there are two development impact fees collected from <br />developers for this period that received a finding five years ago and remain unexpended; and <br />the City is committed to use these fees for construction of capital improvements; and <br />WHEREAS, staff has reviewed the development fees collected between July 1, 1991 <br />and June 30, 1992 that received findings five years ago to determine if any such development <br />fees still remain unexpended; and <br />WHEREAS, staff has found that there are no development impact fees collected from <br />developers for this period that received findings five and ten years ago and remain unexpended; <br />and <br />WHEREAS, staff has found that the Lower-Income Housing Fees collected between July <br />1, 2001 and June 30, 2002 remain unexpended; and <br />WHEREAS, the City is committed to redevelop Kottinger Place, increase affordability at <br />the Gardens by Ironwood and to continue to implement affordable housing programs and <br />various other housing projects with these fees; <br />NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br />PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br />Section 1: The City Council finds as follows: <br />A. There are five development impact fees and all FY 2001-02 Lower-Income Housing <br />Fees remaining unexpended but these fees are committed to constructing <br />