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The City Council finds as follows: <br />FINDINGS <br />1. The Traffic Fee's purpose is to finance street improvements to reduce traffic impacts to the <br />Intersection from future developments. The improvements to be financed are summarized in the <br />Fee Report, and more fully described in the plans and specifications on file in the City Engineer's <br />office. The improvements also include right-of-way acquisition, design, and pre -construction <br />activities. <br />2. The Traffic Fee collected will be used to finance the improvements. <br />3. After considering the Traffic Fee Report, written testimony, oral testimony received during <br />the public hearing, and the staff report, the City Council approves and adopts the Fee Report. <br />4. The Traffic Fee is necessary to fund improvements to offset traffic impacts on the <br />Intersection as identified in the Traffic Study. <br />5. In adopting the Traffic Fee, the City Council is exercising its powers under California <br />Constitution Article XI, section 7, San Leandro Municipal Code Chapter 7-11, and Government <br />Code section 66000 et seq. <br />6. The Traffic Fee Report has established that a reasonable relationship exists between the <br />Traffic Fee amount and the costs to improve the Intersection. The Traffic Fee Report further <br />establishes that a reasonable relationship exists between the need for the Intersection improvements <br />and the type of development upon which the fee is being imposed. <br />NOW THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />A. The Traffic Fee is imposed on all non-exempt properties within the Assessment Areas <br />shown in the Figure 1 of the Fee Report if those properties are also within a zone of benefit for <br />which an assessment has been specified in Table 2 of the Fee Report. <br />RESOLUTION NO. 2005-128 3 <br />