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RESOLUTION NO. 89-36A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH ESTABLISHING SOUTH ORCHARD AVENUE STORM
DRAIN IMPROVEMENT FEE WITHIN THE CITY OF UKIAH
WHEREAS, the City Council of the City of Ukiah has adopted Ordinance
No. 882 creating and establishing the authority for imposing and charging
off-site capital improvement fees within the City of Ukiah; and
WHEREAS, a "South Orchard Avenue Drainage Study" (hereinafter
"Study") has examined the impacts of contemplated future development on
existing public facilities in a study area identified in the Study along
with an analysis of the need for new public facilities and improvements
required by this new development. The Study sets forth the relationship
between new development in this study area, the needed facilities, and the
estimated costs of those improvements. The Study was prepared by the
Public Works Department of the City of Ukiah, is dated March 7, 1989, and
attached herein and incorporated herein by this reference as Exhibit "A".
WHEREAS, the Study was available for public inspection and review
ten (10) days prior to the public hearing on this resolution; and
WHEREAS, the City Council finds as follows:
A. The purpose of this fee is to finance the South Orchard Avenue
storm drain improvement as described in the Study in order to reduce the
impacts of increased storm water run-off caused by new development within
the Study area which is identified and described in the map of the study
area, attached hereto as Exhibit "B" and incorporated herein by reference.
B. The storm drain improvement fee collected pursuant to this
resolution shall be used to finance only the public facilities described
or identified in Exhibit "A", attached herein.
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C. After considering the Study and the testimony received at the
public hearing, the Council approves the Study, and incorporates such
herein, and further finds that the new development in the area identified
in Exhibit "B" will generate additional storm water run-off and require
adequate storm drain facilities.
D. New development in the impacted area has or will create the need
for a storm drain to service that area which has not been constructed.
Said facilities have been called for in or are consistent with the City's
General Plan.
E. The facts and evidence presented establish that there is a
reasonable relationship between the need for the described public
facilities and the impacts of the types of development for which fees are
established in Paragraph 3 below, for which the corresponding fee is
charged. There is a reasonable relationship between the fee's use and the
type of development for which the fee is charged. The fee charged to each
development bears a reasonable relationship to the need for the public
improvement contributed by the development. Ail of these relationships
are in more detail described in the Study.
F. The cost estimates set forth in Exhibit "A" are reasonable cost
estimates for constructing these facilities, and the fees expected to be
generated by new development will not exceed the total of these costs.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Ukiah that:
1. Definitions:
(a) "New development" shall mean construction of any new
structures, such as, but not limited to, residential commercial or
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industrial structures. This shall not include additions or modifications
to existing structures.
(b) "Base year" shall mean the first full year following the
adoption of this resolution.
2. A South Orchard Avenue Storm Drain Improvement Fee shall be
charged upon and paid prior to the issuance of any building permit for all
new development in the benefit area depicted and described on the map
attached hereto as Exhibit "B", except as otherwise specifically provided
in Ukiah City Code Section 9543.
The Community Development Department shall determine if the
development lies within the benefit area, the type of development, and the
corresponding fee to be charged in accordance with this resolution.
3. Fee. For new residential and commercial development, the base
year fee shall be equal to $6,800 per acre. The fees established herein
for the base year shall increase each year thereafter based upon the
Engineering News Record Construction Cost Index.
4. Use of Fee. The fee shall be used solely to pay (1) for the
described public facilities to be constructed by the City; (2) for
reimbursing the City for the development's fair share of those capital
improvements already constructed by the City; or (3) to reimburse other
developers who have constructed public facilities described in Exhibit "A"
attached hereto, where those facilities were beyond that needed to
mitigate the impacts of the other developers' project or projects.
5. Fee Review. If any fees collected pursuant to this resolution
remain unexpended five (5) years after collecting any such fees, the City
shall review the fees if and as required by Government Code
Section 66001(d) or any amendments thereto. If some, but not all, fees
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collected pursuant to this resolution are expended as authorized herein,
it shall be conclusively presumed that the fees first received are the
fees first expended.
6. Judicial Action to Challenge this Resolution. Any judicial
action or proceeding to attack, review, set aside, void, or annul this
resolution shall be brought within 120 days from the date this resolution
is adopted.
PASSED AND ADOPTED this 5th day of Apri] , 1989, by
the following roll call vote:
AYES: Councilmembers Wattenburger, Shoemaker, Schneiter, Hickey and
Mayor Henderson
NOES: None
ABSENT: None
ATTF~T/: --
Mayor
REF:RES1
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March 7, 1989
EXHIBIT "A"
S. ORCHARD AVENUE DRAINAGE STUDY - E. GOBBI STREET TO PEACH STREET
General Area subject to Improvement Fee:
The watershed contributing to drainage along Orchard Avenue from Gobbi
Street to Peach Street. See map Exhibit B attached.
7 Parcels, on east side of Orchard Avenue, partial depth of 50'
26 Parcels, west of Orchard Avenue
34 Parcels
Area = 13 Acres
Description of Public Facility to be Constructed:
Extend storm drain system approximately 1,000 feet northerly from
E. Gobbi along and crossing South Orchard Avenue, with inlet structures
located on both sides of S. Orchard Avenue.
Cost of Improvements (Estimated January 1989)
Construction Cost
10% Engineering
5±% Administration
TOTAL AMOUNT
$ 77,255
7,725
3,420(1)
$ 88,460/13 = $6,804/Acre
PROPOSED DRAINAGE IMPROVEMENT FEE(m)
= $6,800/Acre(2)
This study area consists of that drainage area which is tributary to the
northeast corner of East Gobbi Street and South Orchard Avenue. The existing
storm drain system must be extended upstream, northerly on Orchard Avenue, to
provide more inlets and to alleviate flooding. Drainage from the properties
located in the study area create 100% of the need for the proposed public
facility.
(1) Estimated Administrative cost is intended to include all Staff costs such
as initial Study, periodic review of fee, application of fee to specific
parcels, and overhead costs.
(2) Subject to annual adjustment based upon "Engineering News Record"
Construction Cost Index. For administrative efficiency the basis for
apportioning costs in this Study Area is the relative size (acres) of
parcel because storm runoff generally occurs in relation to size of
parcel.
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1989 VACANT PARCELS(3)
SOUTH ORCHARD AVENUE DRAINAGE STUDY AREA
EST'D
PARCEL OR PORTION SIZE,
OF, A.P.# ACRES
002-290-01
002-290-51
179-050-10
179-050-021
179-050-026
TOTAL
0.15 Acres
1.84 Acres
0.14 Acres
0.52 Acres
0.40 Acres
APPROXIMATE
IMPROVEMENT FEE (3)
$ 1,020
12,500(4)
952
3,536
2,720
TOTAL = $20,728 (including
amounts paid to date)
LIST OF PROPOSED DRAINAGE IMPROVEMENTS
i ·
2.
3.
4.
5.
1,000 L.F. of storm drain pipe (18" - 24±").
Several street crossings - storm drain pipe.
Several (3 - 4 ea.) catch basin/inlets.
Several (2 - 4) storm drain manholes.
Miscellaneous appurtenances and related work.
(3) See Ordinance No. 882. This column represents the total amount of funds
that the City expects to collect, over time, from this fee as applied to
vacant parcels.
(4) Paid, 1985; Jeter Construction Company.
Attachment
R:PW6
2 of 2
'I
STREET
IMPACT
STUDY AREA
L £GEND
,~oooooo~ccc- BOUNDARY OF DRAINAGE STUDY AREA
S;~..,~;:::..:-;-~4.~.:..;;:.'-..'::::..:.:;;-t.?.?.i!~.~.~:';:!:~=i;~:::-~ ~ PARCEL (OR PORTION) AFFECTED BY DRAINAGE FEE (PROPOSED)
N
EXHIBIT "B"
CITY or ITKIAH
ORCHARD AVENUE DRAINAGE STUDY
GOBBI STREET TO PEACH STREET
"' -"]2"-E,."~~..~~- 1'-