HomeMy WebLinkAboutCC Reso 2018-16 - Establishing Funding for Riparian Corridor Buffer Enhancement Plan RESOLUTION NO. 2018-16
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A FUNDING
MECHANISM FOR CITY'S PERFORMANCE AS LAND MANAGER IN COMPLIANCE WITH
THE RIPARIAN CORRIDOR BUFFER ENHANCEMENT PLAN AND THE DECLARATION OF
COVENANTS REGARDING RIPARIAN CORRIDOR BUFFER ENHANCEMENTS.
WHEREAS,
1. On August 8, 2017, the City Community Development Department notified Costco Wholesale
Corporation ("Costco") that all permits related to the Costco Wholesale Store Project
("Project") in the City of Ukiah were approved by the City, which include the Site Plan (the
"Plan") and a Final Standard Urban Stormwater Mitigation Plan ("SUSMP") for the property
purchased by Costco for the Project (the "Property").
2. The Plan and SUSMP require the construction and maintenance of BMP facilities on the
Property (the "BMP Facilities") by Costco.
3. On January 29, 2015 and February 23, 2015, the California Department of Fish and Wildlife
("CDFW") and the North Coast Regional Water Quality Control Board ("Board"), respectively,
approved the Huffman-Broadway Group. Inc. 2014 Riparian Corridor Buffer Enhancement
Plan, Ukiah, Mendocino County, California, Corps File No. 249675 for the Property
("Enhancement Plan").
4. The BMP Facilities required under the SUSMP and riparian enhancements ("Enhancements")
required by the Enhancement Plan may include both built and landscaping features. The Plan,
SUSMP, and Enhancement Plan may be inspected at the City of Ukiah, Department of Public
Works, 300 Seminary Avenue, Ukiah, CA upon appointment.
5. On or about September 29. 2018, to comply with the Plan, SUSMP and Enhancement Plan
Costco and the City entered and recorded a Declaration of Covenants to provide for the
development and maintenance by Costco of the BMP Facilities and a Riparian Corridor Buffer
Enhancement Area, as described in Sections 1.2 and 2.1 of the Enhancement Plan
("Enhancement Plan Area") and to establish a funding mechanism for the City, when the City
assumes the role of Land Manager in accordance with the Enhancement Plan.
6. Under the Enhancement Plan, the City assumes the role of Land Manager in the fifth year
after Costco receives its Certificate of Occupancy for the Project.
7. On or about September 29. 2017, in accordance with the Declaration of Covenants and the
Enhancement Plan, Costco deposited with the City $137,576 to create a fund to pay the City's
expenses, when it assumes the role of Land Manager.
8. The purpose of this resolution is to establish a fund in the City budget and financial records to
implement a funding mechanism as required by the Enhancement Plan and Declaration of
Covenants.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. Creation of Fund. There is hereby created a fund in the City Budget, Financial Statements
and Financial Software System known as the Riparian Corridor Buffer Enhancement Area
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Long Term Financing Fund ("Fund"). Effective as of September 29, 2017, the City shall credit
to the Fund the $137,576 received from Costco to establish the fund.
2. Revenue to Fund. Interest earned on money deposited into the Fund, retroactive to
September 29, 2017, shall be credited to the Fund. The interest shall be the Fund's
proportionate share of the interest earned by the City on its invested surplus funds. The City
may transfer or credit to the fund other amounts as maybe necessary for the City to comply
with its obligations as Land Manager as set forth in Section 10 of the Enhancement Plan.
3. Purpose of Fund. The Fund shall be used exclusively to cover the City's costs of performing
its role as Land Manager.
4. Term of Fund. The Fund shall remain in effect in accordance with this Resolution as long as
the City is required to perform as Land Manager, whether by use of its employees or through
contract.
PASSED AND ADOPTED this 18'h day of July 2018, by the following roll call vote.
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble
NOES: None
ABSENT: None
ABSTAIN: None
K&KD e,'Payor
ATTEST:
6-
Kristine Lawler, City Clerk
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