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HomeMy WebLinkAboutReso 2004-410 RESOLUTION NO. 2004-410 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE UNEXPENDED FUNDS IN THE PARK ACQUISITION AND DEVELOPMENT FEE FUND ARE STILL NEEDED TO PROVIDE FOR CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED WHEREAS, state law requires local agencies assessing Development Impact Fees ("DIF") and sewer capacity charges to make available specified financial data to the public each fiscal year; and WHEREAS the report on file with the City Clerk satisfies that requirement and provides the public with information on Parkland Acquisition and Development (PAD) fees, Development Impact Fees (DIF), and Trunk Sewer Capital Reserve Funds; and WHEREAS, State Law requires that the local agency review this information at a public meeting; and WHEREAS, local agencies are also required to make available to the public, within 180 days after the last day of each fiscal year, information about capacity charges; and WHEREAS, this report has been available in the City Clerk's Office for public review since November 30, 2004; and WHEREAS, Government Code Section 66001 (d) requires the local agency to make findings every five years with respect to any portion of the DIF fees remaining unexpended to identify the purpose for which it was charged. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does hereby make findings that the unexpended funds in the Parkland Acquisition and Development (PAD) fee fund are still needed to provide construction of facilities for which the fees were collected for the following projects: Eastlake Park Development Impact Fee The Eastlake Development Impact Fee was approved by Council Resolution No. 12409 on March 18, 1986. The development impact fee was adopted to insure that adequate funds are available for the construction of the necessary improvements due to the construction of the Eastlake Development. The fees collected prior to Fiscal Year 1999 plus the interest earned ($819,942) is still needed for Park and Recreation facilities. Per Council approval and a request from the Eastlake Development Co. for their cash flow needs, the funds were on loan to Eastlake Development Company and repaid in November 2002. The loan repayment was deposited into the Recreation Development Impact Fee (DIF) component to be used for the construction of the Eastlake gymnasium project. No other DIF or PAD funds contain monies that have been on deposit for five or more years. Resolution 2004-410 Page 2 BE IT FURTHER RESOLVED that the staff report and all exhibits are hereby incorporated into the record of these proceedings. Presented by Approved as to form by G~ Ann Moore City Attorney ices Director ---.- ~._._---_._-_._---- --. Resolution 2004-410 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 2004, by the following vote: AYES: Councilrnembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: SU~Bi~~;,~~~ð .~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004-410 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of Decernber, 2004. Executed this 14th day of December, 2004. -:.- ~ á...A..r, ~f~ Susan Bigelow, MMC, City Cler