HomeMy WebLinkAboutTC Res 2010-01-06 (2)RESOLUTION NO. 02-2010
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING
FEES COLLECTED FOR STREET IMPACT PURPOSES
The Town Council of the Town of Tiburon does hereby resolve as follows:
WHEREAS, for the past several years, the Town of Tiburon has assessed street
impact fees in conjunction with building permits in order to partially offset the cost of roadway
damage caused by construction activity; and
WHEREAS, the Town began collection of its street impact fee in FY 1999-2000,
pursuant to Town Council Resolution No. 3330, effective July 5, 1999; and
WHEREAS, the Town of Tiburon has collected street impact fees since adoption
of Resolution 3330 in 1999 and since an amendment to the fees was adopted on April 16, 2005
by adoption of Resolution No. 15-2005. Pursuant to the California Government Code, the Town
Council is required to make certain findings relative to unexpended funds collected for such
purposes after the fifth fiscal year in which the initial deposit is made, and
WHEREAS, the Town Council most recently made such findings at its meeting
on January 19, 2005; and
WHEREAS, the 'Down has prepared the required documentation regarding the
unexpended fees and such documentation has been available for public review for at least fifteen
(15) days, and
WHEREAS, the Town Council received the required documentation in the form
of a Staff Report prior to its meeting of January 6, 2010 and held a public hearing on the matter
on January 6, 2010.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby make the following findings relative to its unexpended street impact fees.
1. Purpose of the Fees. The Town Council finds that the purpose of the street
impact fees is to partially offset the costs of maintenance and repair of Town-
maintained roadways resulting from damage caused by construction activity.
2. Reasonable Relationship Between the Fees and the Purpose for which they
are Charged. The Town Council finds that street impact fees are based on the
pro rata share of street damage caused by construction activity. The Town
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Council further finds that the justification and the mechanism for calculating fees
are adequately set forth in the following documents: Staff Report dated May 5,
1999; Town Engineer Analysis dated April 22, 1999; Study prepared by Hilton
Farnkopf & Hobson, LLC dated October 4, 2004, all of which are available for
public review at Tiburon Town Hall.
3. Sources and Amounts of Funding Anticipated to Complete Financing of
Improvements. The Town Council finds as follows:
a. The Town of Tiburon uses its Pavement Management Program to help
prioritize street repair and/or reconstruction needs. The current Pavement
Management Plan, dated October 2008, is available for review at Town
Hall. The Town of Tiburon maintains approximately 36 centerline miles
of pavement divided between arterials, collectors, and local streets.
According to the Pavement management Plan, the estimated replacement
cost of the Town's pavement is $53 million. The Town's Pavement
Condition Index (PCI) is currently about 68 on a 100-point scale, with 100
being a new street. A PCI of 62 is considered "Good" condition, while a
PCI of 49 is considered "Poor" condition and a PCI of 70 is the low end of
"Very Good" condition. The Town has established a PCI goal of 70. The
PMP identified a total street maintenance/repair need over the next five
years at $12 million (about $2.4 million per year). The Town's current
annual budget goal for street maintenance and repair (from all sources) is
approximately $1,000,000, of which approximately $450,000 is from the
street impact fund. The PMP recommends an annual expenditure rate of
over $1 million in order to gradually increase the PCI while reducing the
growth (but not reversing) the eventual cost and amount of deferred
maintenance. The PMP finds that an annual expenditure of $2.4 million
would be required to both improve the PCI and decrease eventual deferred
maintenance costs. The Town Council finds that the ongoing collection
and expenditure of street impact fees will help to slow the deterioration of
the public street system. The current balance of $1,647,118 unexpended in
the account as of 7/ 1 /2009 reflects projects that were not completed in FY
2008-2009 and have been carried over to the current fiscal year, as well as
planned expenditures for FY 2009-2010. A total of $920,000 is budgeted
from this account for expenditure in FY 2009-2010.
b. Street repair and maintenance resulting from construction-related damage
is an ongoing process. As long as new construction, remodeling, and other
construction-related activity occurs in the Town, street damage will result.
For FY 2009-2010, a total of $920,000 is budgeted from the street impact
fund for street repairs.
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C. The Town is aware that additional sources of funding, including but not
limited to, funds from the State and Federal governments, County of
Marin Congestion Management Agency, and Metropolitan Transportation
Commission, will be required to supplement the Town's street impact fees
in order to maintain the Town's streets in a serviceable condition.
4. Approximate Dates When Necessary Funding is Anticipated to be Deposited.
The Town Council finds that street repair and maintenance resulting from
construction-related damage is an ongoing process. As long as new construction,
remodeling, and other construction-related activity occurs in the Town, street
damage will result. Typically, street impact fees are expended within 1-3 years of
collection.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon, State of California, held this 6th day of January, 2010, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
Cr /
DIANE CRANE IA OPI, TOWN CLERK
S: LAdministrationlTown Council/Resolutions/2010
Tiburon Town Council Resolution No. 02-2010 01106110 3