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RESOLUTION NO. 2000-13
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
REVISING THE CAPITAL IMPROVEMENT FEES FOR THE
AIRPORT INDUSTRIAL PARK
WHEREAS, on May 7, 1997, the Ukiah City Council adopted Resolution No. 97-70
Establishing the Airport Industrial Park Capital Improvement Fees within the City of Ukiah
subsequent to receiving a revised Engineering Report for the Establishment of Airport
Industrial Park Capital Improvement Fees and conducting a public hearing in accordance with
law; and
WHEREAS, the Capital Improvement Fees are to fund identified off-site capital
improvements needed to mitigate impacts caused by development within the Airport Industrial
Park; and
WHEREAS, an "Engineering Report for the Revision of the Airport Industrial Park
Capital Improvement Fees" dated May 28, 1999, ("Engineering Report") and subsequent
reports with additional analysis and information have been prepared and presented to the City
Council and made available to the public for inspection at the Civic Center during regular
business hours 10 days prior to the public hearing; and
WHEREAS, the Engineering Report describes changes to circumstances and
engineering assumptions in support of the amount of the fees established by Resolution No.
97-70, thereby necessitating a revision to the Capital Improvement Fees; and
WHEREAS, the changed circumstances and engineering assumptions reduce the total
cost to construct the off-site capital improvements needed to mitigate impacts caused by the
development within the Airport Industrial Park and, therefore, the Capital Improvement Fees
imposed on developable land based on land use should be reduced to reflect the reduction
in the total cost to construct the improvements; and
WHEREAS, the notice of the headng on the proposed revision to the Airport Industrial
Park Capital Improvement Fee was provided to those requesting advance notice pursuant to
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Section 66017 of the State of California Govemment Code, not less than 14 days prior to the
hearing; and
WHEREAS, a Notice of Public Hearing was published in accordance with Section
6062a of the State of California Government Code.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Ukiah City Council as follows:
1. Revised Fee. The Capital Improvement Fees imposed on parcels within the
Airport Industrial Park per acre of developable land based on land use shall be revised to the
following: Fast food restaurant - $23,069.86; Gas station/mini-mart - $36,122.91; Office/retail -
$6,087.65; Retail- $7,077.77; Industrial - $2,341.91; Auto dealership - $4,998.90; Auto
parts/auto care - $7,643.36. The amount of fee due for each parcel to be developed shall be
discounted to its present value at the time payment is made on an annual interest rate of
5.25%, and the time remaining in full quarter increments of a year of the five (5) year period.
Discount factors are provided in Attachment "K" of the Engineering Report.
2. Reimbursement of Excess Funds. Pursuant to Section 66001 of the State of
California Government Code, fees already collected from developed parcels in excess of the
new revised fees shall be reimbursed to the current record owner or owners including the
interest accrued thereon. The reimbursements shall be made as shown in Attachment "L" of
the Engineering Report. The reimbursements shall be made within 30 calendar days from the
date the 90 day period of filing a protest has expired, unless a protest or legal challenge is
filed.
3. Effective Date of Revised Fees. The effective date for the implementation of
the revised fee shall be August 19, 1999. It has been determined that the 60 day delay in the
application of new fee or increases in the fee from the date of adoption of the establishing
Resolution pursuant to Section 66017 of the State of California Government Code does not
apply to a reduction to an existing Capital Improvement Fee.
4. Filing a Protest. The 90 day period for filing a protest pursuant to the State of
California Government Code Section 66020 begins on the date this Resolution is adopted by
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the City Council.
5. Judicial Action to Challenge this Resolution. The time limits provided in State
of California Government Code Section 66020 for filing an action or preceding to attack,
review, set aside, void or annul the proposed revised fees by this Resolution apply.
6. Provisions of Resolution NO. 97-70. All provisions of Resolution No. 97-70 not
revised by or not in conflict with this Resolution shall remain in full force and effect.
roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED on this 1st day, September, 1999, by the following
Councilmembers Smith, Libby, Ashiku, and Mayor Mastin
Councilmember Baldwin
None.
None.
Made Ulvila, City Clerk
Jim stin, Mayor
Resolution No.
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