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<br />I <br /> <br />TOWN OF TRUCKEE <br />California <br /> <br />RESOLUTION NO. 2008-78 <br /> <br />A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TRUCKEE <br /> <br />WHEREAS, California government code section 66001, article 4 requires specific <br />findings be made in order to retain development impact fees which have been on deposit <br />in a municipality in excess of five years and; <br /> <br />WHEREAS, At the conclusion of the 2007/2008 fiscal year the AB 1600 (traffic <br />impact) fee program account contained $63,055 in funds which had been deposited in <br />excess of five years prior to the end of the fiscal year and; <br /> <br />WHEREAS, The source of the $63,055 deposited but unspent in the AB 1600 <br />(traffic impact) fee program fund in excess of five years prior to the end of the 2007/2008 <br />fiscal year was the unexpended portion of the $667,261 in revenues which were <br />deposited into the fund in the 2002/2003 fiscal year. <br /> <br />NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE <br />TOWN OF TRUCKEE that the council hereby make the following findings: <br /> <br />I <br /> <br />1. Funds which were deposited in the Town of Truckee AB 1600 (traffic impact) fee <br />program fund in excess of five years prior to the end of the 2007/2008 fiscal year are <br />intended for expenditure on already started construction elements of the Donner <br />Pass Road Bike Lane project which have occurred and will continue to occur in the <br />current fiscal year and the future elements of projects such as the Pioneer Trail <br />Extension/Bridge Street Extension project which are included in the capital <br />improvement project list adopted in the February 26,2007 Town of Truckee AB 1600 <br />Traffic Impact Fee Study, final report. <br /> <br />2. A reasonable relationship between the fee and the purpose for which it is charged is <br />shown in the traffic mitigation fee report dated May 17, 1999 approved by the Town <br />Council through Ordinance No. 99-05. <br /> <br />3. The sources and amounts of funding anticipated to complete financing of any <br />incomplete improvements, the approximate dates when funding is expected to be <br />deposited, and the approximate dates of completion of those projects are shown on <br />Exhibit A, attached to this resolution. <br /> <br />4. The funds which are on deposit in the AB 1600 (traffic impact) fee program fund, <br />which were collected in excess of 5 years prior to the end of the 2007/2008 fiscal <br />year, or are on deposit in excess of the prescribed five year limit established by <br />government code section 66001, article 4 for the following reasons: <br /> <br />I <br /> <br />a. Implementation of certain projects in the current and previous AB 1600 (traffic <br />impact) fee program capital improvement project list is dictated by schedules of <br />other agencies which preclude expenditure of these funds within the prescribed <br />five year time frame. <br />