HAYWARD CITY COUNCIL
RESOLUTION NO. 23-
Introduced by Council Member ____
RESOLUTION ACCEPTING THE REPORT AND ADOPTING FINDINGS RELATED TO FEES COLLECTED FOR THE DEVELOPMENT PROJECTS SUBJECT TO THE REQUIREMENTS OF THE MITIGATION FEE ACT WHEREAS, Government Code section 66006, part of the Mitigation Fee Act, which is sometimes referred to as Assembly Bill 1600, requires the City to make findings each fiscal year describing the continuing need to retain fees collected from developers, but which remain unexpended and/or uncommitted after a period of five years; and WHEREAS, the funds maintained for such period of time must be refunded if the requisite findings cannot be made; and WHEREAS, the City has unexpended fees that it needs to retain for future expenditures; and WHEREAS, the Mitigation Fee Act, at Government Code section 66001(d), requires specific findings to be made with respect to unspent impact fees five years after the initial deposit into the fund and every five years thereafter, otherwise the unspent fees must be refunded, with the exception of water or sewer connection fees or capacity charges, which are specifically exempted from refunds by the Act; and WHEREAS, no findings are required to be made for unspent Park Impact Fees or Traffic Impact Fees at this time. Park Impact fees were first deposited with the City in FY 2022. The City has not collected any Traffic Impact Fees during the relevant reporting period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby accepts the report of the Director of Finance dated December 12, 2023, and adopts the findings contained therein, copy of which is attached hereto as Attachment III.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2023 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT II
ATTACHMENT II