A. Report of Finance Director. Commencing with the fifth fiscal year following the first year of receipt of any revenues from transportation facility fees, storm drainage facility fees, park facility fees and building and equipment fees assessed and levied pursuant to the provisions of this chapter or any other chapter of this code, and in each fiscal year thereafter, the finance director shall provide the city council with a report which sees forth the total amount of all such fee revenues that were received and deposited in all of the various funds hereinafter provided by this chapter in each fiscal year prior to the date of such report but which remain unappropriated as of the date of the report; provided, however, that the finance director will not be required to make such report in any year in which there were no unappropriated fee revenues in any such fund which were received and deposited in the fund more than 5 years prior to the date of the report.
B. Action by the City Council. Commencing with the fifth fiscal year following the first year of receipt of any revenues from transportation facility fees, storm drainage facility fees, park facility fees and building and equipment fees assessed and levied pursuant to the provisions of this chapter or any other chapter of this code, and in each fiscal year thereafter, the city council, following receipt of the finance director's report, shall take one of the following actions required by Section 66001 of the Government Code with respect to any unappropriated fee revenues in the various funds hereinafter provided for by this chapter which were received and deposited in such fund 5 or more years prior to the date of such report:
1. Appropriate all or any part of such unappropriated fee revenues for the construction, installation and/or acquisition of the facilities, buildings or equipment for which the fees were imposed;
2. Make a finding with respect to all or any part of such unappropriated 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 are derived and the purpose for which they were imposed; 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 Government Code, may appropriate such revenues for any other facility or improvement for which development fees are charged or otherwise imposed pursuant to this chapter or any other chapter of this code and which the council determines will benefit the properties for which such development impact fees were charged or otherwise imposed.
(Ord. 1956 §1 (part), Ord. 2113 §1)