(A) Commencing with the fifth fiscal year following the first year of receipt of any revenues from the fees established, assessed and levied pursuant to the provisions of the Impact Fee Ordinance, and each fiscal year thereafter, the Finance Director shall provide the City Council with a report that sets forth the total amount of all the fee revenues that were received and deposited in the capital facilities accounts in each fiscal year prior to the date of the report, but that remain unexpended or un-appropriated as of the date of the report; provided, however, that no report shall be required for any year in which there were no unspent or un-appropriated fee revenues in the capital facilities accounts that were received and deposited in the capital facilities accounts more than five years prior to the date of the required report.
(B) Upon review of the report described in division (A) of this § 33.077, the City Council shall take one of the following actions with respect to any unexpended or un-appropriated fee revenue in a capital facilities account that was received and deposited in the capital facilities account five or more years prior to the date of the report:
(1) Appropriate all or any part of the unexpended or un-appropriated fee revenue for the design, construction, or installation of the facilities for which the fee was imposed;
(2) Make all of the following findings with respect to that portion of the capital facilities account remaining unexpended, whether committed or uncommitted:
(a) Identify the purpose to which the fee is to be put;
(b) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;
(c) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements for which the fee is charged; and
(d) Designate the approximate dates on which the funding referred to in division (B)(2)(c) is expected to be deposited into the appropriate sub-account.
(3) Provide for the refund of all or any part of the unexpended or un-appropriated fee revenue, together with any actual interest accrued thereon, in the manner described in Government Code Section 66001(e), to the current record owner of the development project, or any portion thereof, for which a fee was paid; provided that if the administrative costs of refunding the fee revenue 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 proved for in Government Code Section 66001(f), may appropriate the revenue for any other facility for which impact fees are charged or otherwise imposed pursuant to the Impact Fee Ordinance and which the City Council determines will benefit the properties for which the fee was charged or otherwise imposed; and further provided that the portion of any fee revenue received by the city as reimbursement of its costs in administering the provisions of this subchapter shall not be refunded.
(C) The provisions of divisions (d), (e), and (f) of Government Code Section 66001 shall apply fully to any refund of fees remaining unexpended or uncommitted in the capital facilities account for five or more years after deposit, and the provisions of this section shall be subordinate to the Mitigation Fee Act and shall be applied consistently therewith.
(Ord. 1463, passed 5-17-06)