A. Report of City Manager. Commencing with the 1991/1992 fiscal year and in each fiscal year thereafter, the city manager, on or before the date the city council considers its budget for the ensuing fiscal year, shall provide the city council with a report which sets forth the total amount of all water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, and sewer lateral installation fees then on deposit in the water pollution control plant capacity fees account, the trunkline capacity and lift station capacity fees account, and the sewer main and sewer lateral installation fees account.
B. Action by the City Council. Commencing with the 1991/1992 fiscal year and in each fiscal year thereafter, the city council, following receipt of the city manager's report, shall take one of the following actions with respect to any unappropriated water pollution control plant capacity fee revenues, trunkline capacity fee revenues, lift station capacity fee revenues, sewer main installation fee revenues, and/or sewer lateral installation fee revenues then on deposit in the water pollution control plant capacity fees account, trunkline and lift station capacity fees account, or sewer main and sewer lateral installation fees account which were received and deposited in such accounts four or more years prior to the date of such report:
1. Appropriate all or any part of such unappropriated fee revenues for the acquisition, construction and/or installation of sewer system facilities in the manner hereinbefore provided by this chapter;
2. Make a finding with respect to all or any part of such fee revenues which identifies the purpose to which the revenues are to be put and which demonstrates a reasonable relationship between the fees from which the revenues were derived and the purposes for which they were charged; or
3. Provide for the refund of all or any part of such unappropriated fee revenues, together with any interest accrued thereon, to the current owner of any property for which fees were paid; provided, however, that if the administrative costs of refunding such fee revenues exceed the amount to be refunded, the city council, after considering the matter at a public hearing, notice of which is given in the manner provided for by Section 66001(e) of the California Government Code, may appropriate such fee revenues for any other facility or improvement for which development fees are charged or otherwise imposed pursuant to this code and which the council determines will benefit the properties for which the sewer fees were paid.
(Ord. 1865 §3, Ord. 2049 §5, Ord. 2092 §7)