HomeMy WebLinkAbout1997-06-11 PacketITEM NO. 4a
DATE: June 11, 1997
AGENDA SUMMARY REPORT
SUBJECT:
ADOPTION OF RESOLUTION EXTENDING RESOLUTION NO. 97-71 FOR
COLLECTION OF CAPITAL IMPROVEMENT FEES IMPOSED ON
DEVELOPMENT WITHIN THE AIRPORT INDUSTRIAL PARK
SUMMARY: At the May 7, 1997 City Council meeting, the Council adopted Resolutions No.
97-70 and 97-71 which establish Capital Improvement Fees (Fees) for development within
the Airport Industrial Park (ALP). Resolution No. 97-71 specifically provided interim
authorization of the Fees for a period of 30 days ending on June 6, 1997. As such, staff has
prepared the attached resolution which extends the Fees for a period not to exceed 30 days.
This resolution, if adopted by a 4/5 vote, will authorize the City to collect Fees to and including
July 6, 1997 and is needed to obtain fees from projects currently under construction within the
AlP.
RECOMMENDED ACTION: Adopt the resolution extending resolution no. 97-71 allowing for
collection of capital improvement fees imposed on development within the Airport Industrial
Park.
ALTERNATIVE COUNCIL POLICY OPTIONS: Not adopt the resolution thereby allowing a
lapse in the time period in which capital improvement fees will be collected from June 7, 1997
through July 6, 1997.
Acct. No. (if NOT budgeted)' N/A Acct. No.:
Appropriation Requested' N/A (if budgeted)
Citizen Advised' All AlP property owners notified.
Requested
by:
Rick
Kennedy, Director of Public Works/City Engineer
Seanor, Deputy Director of Public Works~ --
Prepared by: Rick
Coordinated with'
Attachments:
Candace Horsley, City Manager
Rick Kennedy, Director of Public Works/City Engineer
1. Resolution for adoption
2. Resolution No. 97-70
3. Resolution No. 97-71
Candace Horsley, anager
RJS:AGCFEE9.SUM
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
EXTENDING RESOLUTION NO. 97-71 FOR COLLECTION OF
CAPITAL IMPROVEMENT FEES IMPOSED ON DEVELOPMENT
WITHIN THE AIRPORT INDUSTRIAL PARK
WHEREAS,
1. The City Council has adopted its resolution imposing Airport Industrial Park
capital improvement fees to mitigate the off-site pedestrian and traffic impacts
from the further development of the Airport Industrial Park (Resolution No. 97-
70); and
2. The contents of the resolution imposing those fees is incorporated herein by
reference as though set forth in full; and
3. The City Council has adopted its resolution providing interim authorization for
Airport Industrial Park Capital Improvement Fees (Resolution No. 97-71); and
4. Resolution No. 97-71 remains in effect to and including June 6, 1997; and
5. The findings in Resolution No. 97-71 apply to the period June 6, 1997 - July
6, 1997 and said findings are incorporated herein by reference; and
6. The City has provided the notice and conducted the public meeting as required
by Government Code Sections 66016 and 66017.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Ukiah City Council that
Resolution No. 97-71 is hereby extended for a period not exceeding 30 days to include the
period June 6, 1997 - July 6, 1997, in accordance with Government Code Section 66017(b).
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PASSED AND ADOPTED this day of , 1997, by the following
roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sheridan Malone
Mayor
ATTEST:
Colleen B. Henderson
City Clerk
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RESOLUTION NO. 97-70
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ESTABLISHING THE AIRPORT INDUSTRIAL PARK CAPITAL
13fPROVEMENT FEES WITHIN THE CITY OF UKIAH
WHEREAS, the Ukiah City Council 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 Subsequent Environmental Impact Report (SEIR) entitled "Redwood
Business Park and Airport Business Park Final Subsequent EIR" 'was prepared by Leonard
Charles and Associates which identified and assessed the impacts that would result from the
buildout of the Airport Industrial Park (AIP); and
WHEREAS, the revised Engineering Report for the Establishment of Airport Industrial
Park Capital Improvement Fees (hereinafter "Report") has examined the impact of
contemplated future development on existing public facilities identified in the Report along with
an analysis of the need for new public facilities and improvements required by this new
development. The Report sets forth the relationship between new development in this study
area, the needed facilities, and the estimated costs of those improvements. The Report was
prepared by the Public Works Department of the City of Ukiah, is dated April 17, 1997, and
is attached hereto and incorporated herein by this reference as Exhibit "A".
WHEREAS, the Report was available for public inspection and review ten (10) days
prior to the public hearing on this resolution; and
WHEREAS, Notice of the hearing on the imposition of the fee was provided to those
requesting advance notice pursuit to 66017, not less than 14 days prior to the heating; and
WHEREAS, the City Council finds as follows:
a. The purpose of these fees is to finance off-site capital improvements as
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described in the Report in order to reduce the impacts of increased vehicle and
pedestrian traffic caused by new development within the Airport Industrial Park
which is identified and described in the map of the study area, attached hereto
as Attachment "A" of Exhibit 'A" and incorporated herein by reference.
The capital improvement fees collected pursuant to this resolution shall be used
to finance only the public facilities described or identified in Exhibit "A",
attached hereto.
After considering the Report, the testimony and other evidence received at the
public hearing, the Council approves the Report, and incorporates such herein,
and further finds that the new development in the area identified in Attachment
"A" will generate additional vehicle and pedestrian traffic and require the
identified off-site capital improvements.
New development in the Airport Industrial Park has or will create the need for
off-site capital improvements to service project traffic generated by the
development with the Airport Industrial Park.
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 land use for which fees are established in Paragraph 2 below, for which the
corresponding fee is charged. There is a reasonable relationship between the
fee's use and the type of land use 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. All of these relationships are in
more detail described in the Report.
The cost estimates set forth in Exhibit "A" are reasonable cost estimates for
constructing these facilities, and the fees expected to be generated bcnew
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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:
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Airport Industrial Park Capital Improvement Fees shall be charged upon and
paid prior to the issuance of any permit for all new development in the Airport
Industrial Park depicted and described on the map attached hereto as Attachment
"A" of Exhibit "A"
Code Section 9543.
except as otherwise specifically provided in Ukiah City
For new development under construction, Capital
Improvement Fees shall be charged upon and paid prior to the occupancy of said
new development in the Airport Industrial Park.
No certificate of occupancy or permit, as appropriate, shall be issued until the
required fees are paid. "Permit", "Inspections", and "Certificate of Occupancy",
as used in this Section, have the same meaning and application as described in
Sections 106, 108, and 109, respectively, of the currently adopted edition of the
Uniform Building Code, International Conference of Building Officials.
Fee. The fees for constructing the off-site capital improvements are identified
on Attachment "I" of Exhibit "A". The fees per acre of deVelopable land based
on proposed land use are as follows: Fast Food Restaurant $34,864.79; Gas
Station/Mini-Mart $54,728.91; Office/Retail $7,346.49; Retail $10,702.92;
Industrial $3,564.97; Auto Dealership $7,554.63; and Auto Parts/Auto Care
$11,510.69. These fee rates are based on the future value of capital needed to
construct the identified improvements five (5) years from the date of adoption
of this resolution. The amount of fee due for each parcel to be developed shall
be discounted to its present value at the time payment is made based on an
annual interest rate of 5.25 %, and the time remaining in full quarter increments
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of a year of the five (5) year period.
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 developer's project or
projects.
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 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.
Filing a Protest. The 90 day period for filing a protest pursuant to Government
Code Section 660020(a) begins on the date this resolution is adopted by the City
Council.
Judicial action to Challenge this Resolution. The time limits provided in
Government Code Section 660020 for filing an action or proceeding to attack,
review, set aside, void or annul the fees imposed by this resolution apply.
The fees shall become effective on and after July 7, 1997.
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AYES:
NOES:
PASSED AND ADOPTED this .'/th day of May, 1997, by the following roll call vote:
Councilmembers Chavez, Kelly, Mastin, and Mayor Malone
Councilmember Ashiku
ABSTAIN: None
ABSENT: None
SMh:~odran Mai°ne /'
ATTEST:
Colleen B. Henderson
City Clerk
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1 RESOLUTION NO. 97-71
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
PROVIDING INTERIM AUTHORIZATION FOR AIRPORT INDUSTRIAL
PARK CAPITAL IMPROVEMENT FEES WITHIN THE CITY OF UKIAH
WHEREAS,
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The City Council has adopted its resolution imposing Airport Industrial Park
capital improvement fees to mitigate the off-site pedestrian and traffic impacts
from the further development of the Airport Industrial Park (Resolution No. 97-
70); and
The contents of the resolution imposing those fees is incorporated herein by
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reference as though set forth in full; and
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The fees imposed by said resolution will fund the estimated cost of constructing
improvements to three intersections: 1) Talmage Road and U.S. Highway 101
southbound exit ramp, 2) Talmage Road and Airport Park Boulevard, and 3)
South State Street/Washington Avenue/Hastings Avenue; and
The required improvements will prevent levels of service ("LOS") from
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deteriorating to an unacceptable level at these intersections, but will not improve
the LOS for any intersection above or better than pre-project levels; and
The parcels of real property within the Airport Industrial Park that have
produced the need for these intersection improvements must all contribute to the
cost of constructing those improvements in order to produce sufficient funding
to make the needed improvements; and
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Construction is currently underway on some of those parcels, including Assessor
Parcel Nos. 180-080-52 and 180-080-54, and the City anticipates an application
for a building permit on Assessor Parcel No. 180-070-36 in less than 60 days.
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NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
1. The City Council finds that the following conditions constitute the current and
immediate threat to the public health, welfare and safety warranting interim
authorization of the fees established by Resolution No. 97-70:
a. Fees imposed by Resolution No. 97-70 will not become effective
pursuant to Government Code Section 660017(a) until July 7, 1997.
b. Between now and July 7, 1997, the City of Ukiah anticipates that no
fewer than four projects contributing total fees of approximately
$100,200 will apply for building or occupancy permits;
c. If those permits are issued before the fees imposed by Resolution No.
97-70 'become effective, the City of Ukiah will not have sufficient
funding to make the needed improvements;
d. As a consequence, there is a substantial likelihood that some or all of the
required intersection improvements could not be built, creating congested
intersections as the LOS for the affected intersections to degrade to an
unacceptable level;
e. To avoid these congested Conditions from arising, it is necessary to make
the fees effective immediately.
2. Based on the findings stated herein, the City Council hereby authorizes the
immediate imposition of the fees established by Resolution No. 97-70, effective
immediately.
3. This interim authorization shall remain in effect for 30 days, to and including
June 6, 1997, unless extended for an additional 30 days by a 4/5 vote of the
City Council in accordance with Government Code Section 660017Co).
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PASSED AND ADOPTED this .7th day of May, 1997, by the following roll call vote:
AYES:
Councilmembers Chavez, Kelly, Mastin, and Mayor Malone
NOES:
Councilmember Ashiku
ABSTAIN:
None
ABSENT:
None
ATTEST:
B. Henderson
City Clerk
Mayor
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