NVF:EEH
3/14/2022
T-586.027 / 1905092 1
Council Agenda: 4/26/22
Item No.: 2.8
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE ACCEPTING THE FISCAL YEAR 20 20-2021
ANNUAL DEVELOPMENT IN- LIEU FEE REPORT
REGARDING IN- LIEU FEES COLLECTED BY THE CITY
FROM DEVELOPERS IN LIEU OF CONSTRUCTION OF
PUBLIC IMPROVEMENTS AND MAKING CERTAIN
FINDINGS AS REQUIRED BY GOVERNMENT CODE
SECTION 66001(d)(1)
WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et seq.) requires public agencies such as the City of San José (“City”) to annually review and make available to the public a report accounting for the development fees held by the agency; and
WHEREAS, a draft of the City’s Annual Development In-Lieu Fee Report was posted to the City’s website on March 21, 2022; and
WHEREAS, on April 4, 2022, the Director of the Department of Public Works submitted to the City Council a memorandum setting forth its findings and recommendation for Council acceptance of the Fiscal Year 2020-2021 Annual Development In-Lieu Fee Report (“Report”); and
WHEREAS, Government Code section 66001(d) requires public agencies to make certain findings with regard to unfinished improvements for which fees were collected as a condition of development approval for a period of at least five years; and
WHEREAS, the City desires to accept the Report and make the required findings pursuant to Government Code section 66001(d);
NVF:EEH
3/14/2022
T-586.027 / 1905092 2
Council Agenda: 4/26/22
Item No.: 2.8
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The Fiscal Year 2020–2021 Annual Development In-Lieu Fee Report regarding in-lieu fees collected by the City from developers in lieu of construction of public improvements is hereby accepted.
2. Based on the Report and all other evidence submitted, the City Council makes the following findings:
A. The Report identifies the purpose to which the fees are to be put.
B. The Report demonstrates a reasonable relationship between the fees and the purposes for which they are charged.
C. The Report identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements identified in the Report.
D. The Report designates the approximate dates on which the funding referred to in Section 2(C) above is expected to be deposited into the appropriate account or fund.
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NVF:EEH
3/14/2022
T-586.027 / 1905092 3
Council Agenda: 4/26/22
Item No.: 2.8
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk