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HomeMy WebLinkAbout2004-19RESOLUTION NO. 2004-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING CAPITAL IMPROVEMENT (TRAFFIC) FEES FOR THE DANCO SUMMERCREEK VILLAGE APARTMENT COMPLEX PROJECT WHEREAS, on July 23, 2002, the City Planning Commission conditionally approved Site Development Permit No. 01-20 for Danco Builder's affordable housing project, called Summercreek Village apartment complex; and WHEREAS, Under condition No. 24 of the approved Site Development Permit, Danco agreed that it would contribute to off-site capital improvement funds established pursuant to Ukiah City Code section 9543 to pay for road and intersection improvements necessary to mitigate traffic impacts identified in the environmental assessment prepared for the Danco project; and WHEREAS, On November 14, 2002, Danco Builders and the City of Ukiah signed a formal Agreement (included as Attachment "A"), in which Danco Builders agreed to implement condition No. 24; and WHEREAS, condition No. 24 requires the City to determine the exact improvements and amount of Danco's contribution by the adoption of a Resolution pursuant to section 9543 of the Ukiah City Code ("UCC"); and WHEREAS, City Staff determined that the two unsignalized intersections most impacted by the Danco Summercreek village apartment complex project are Main Street/Gobbi Street and Orchard Avenue/Gobbi Street; and WHEREAS, the City's cost estimate for signalizing the Main Street/Gobbi Street intersection is $300,000.00, and the Danco Summercreek Village project will increase traffic volumes at this intersection by 4.2%; therefore, the fair share contribution is $12,600.00; and WHEREAS, the City's cost estimate for signalizing the Orchard Avenue/Gobbi Street intersection is $267,142.00, and the Danco Summercreek Village project will increase traffic volumes at this intersection by 1.7%; therefore, the fair share contribution is $4,541.41; and WHEREAS, Danco Builder's fair share contribution total capital improvement (traffic) fee is $17,141.41. WHEREAS, The City Public Works Director has indicated that the Gobbi Street/Orchard Avenue intersection signalized project is a very high priority project and is nearly funded, and that it may be prudent to use the total Danco Builders Traffic Impact fee to finalize the funding of this signal; and WHEREAS, Danco Builders have not expressed opposition to the City using their total contribution to finalize the funding for the Gobbi Street/Orchard Avenue signalization project if it chooses to do so; and Resolution No 2004-19 Danco Summercreek Village Traffic Fees Page 1 of 2 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby that: 1. The fee imposed by this Resolution shall be charged upon and paid prior to the occupancy of development within the Danco Summercreek Village apartment complex; except as otherwise specifically provided in UCC Section 9543. No certificate of occupancy or permit shall be issued until the required fees are paid. "Certificate of Occupancy" shall mean the certificate described in UCC Section 109, of the currently adopted edition of the Building Code. 2. Fee. The fee for constructing the Danco Summercreek village apartment complex shall be $17,141.00. 3. Use of Fee. The fee shall be used solely to pay (1) for the described public facilities to be constructed by the City or for reimbursing the City for the development's fair share of those capital improvements already constructed by the City. 4. Fee review. If any fees collected pursuant to this resolution remain unexpended five (5) years after collecting 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. 5. Judicial action to challen.qe 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 on this 4th day of February, 2004, by the following roll call vote: AYES: NOES: None. ABSTAIN: None. ABSENT: None. Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. ATTEST: Marie Ulvila, Deputy City Clerk Resolution No, 2004-19 Danco Summercreek Village Traffic Fees Page 2 of 2 RESOLUTION NO. 2004-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE SUBMITTAL OF AN APPLICATION, ACCEPTANCE OF AN ALLOCATION OF FUNDS, AND EXECUTION OF A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORATION, FOR A MATCHING GRANT FOR FEDERAL AVIATION ADMINISTRATION (FAA) APPROVED PROJECT UNDER AIRPORT IMPROVEMENT PROGRAM (ALP) NO. 3-06 0268-06/07 WHEREAS, pursuant to Section 21683.1 of the Public Utilities Code (PUC) the California Transportation Commission (CTC) is authorized to allocate funds for a portion of the local match for AlP grants; and WHEREAS, the California Department of Transportation, acting on the authority of the California Transportation Commission, may provide five percent (5%) for that portion of the FAA grant which is for airport and aviation purposes; and WHEREAS, the City of Ukiah is submitting an application for matching funds for FAA project, which is included in the State's Capital Improvement Program (CIP), at Ukiah Regional Airport. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah, State of California: , 06/07; Authorizes filing the application for matching funds for the FAA Grant No. 03-06-0268- 2. Authorizes accepting the allocation of funds for the project at Ukiah Regional Airport; 3. Authorizes execution of the Grant Agreement. BE IT FURTHER RESOLVED that the City Council of the City of Ukiah does hereby authorize Candace Horsley, City Manager, to sign any documents required to apply for and accept these subject funds on behalf of the City of Ukiah. PASSED AND ADOPTED this 4th day of February 2004 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson None None None ~~ ""/,,,--~x. ~ '~~~-"- ~'~ Eric E~rson, M~tyor ATTEST: Marie Ulvila, Deputy City Clerk Resolution No. 2004-18 Page I of 1