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HomeMy WebLinkAboutTC Res 2011-01-05RESOLUTION NO. 01-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING FEES COLLECTED FOR STORMWATER RUNOFF 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 stormwater runoff impact fees in conjunction with building permits creating new impervious surface in order to partially offset the cost of upgrading the Town's public drainage system; and WHEREAS, the Town began collection of its stormwater runoff impact fee in Fiscal Year 2005, pursuant to Town Council Resolution No. 13-2004; and WHEREAS, 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 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 5, 2011 and held a public hearing on the matter on January 5, 2011. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby make the following findings relative to its unexpended stormwater runoff fees. 1. Purpose of the Fees. The Town Council finds that the purpose of the strormwater runoff fees is to partially offset the costs of upgrading, enhancing, and/or rehabilitating the Town's storm drain system to accommodate drainage water resulting from the creation of new impervious surfaces resulting from construction activity. 2. Reasonable Relationship Between the Fees and the Purpose for which they are Charged. The Town has conducted studies and analyses regarding the extent of its storm drain system and the estimated cost of its future rehabilitation. The Town's future storm drainage rehabilitation costs are estimated at $12,210,100 in the GASB 34 Infrastructure Valuation Study (hereafter "GASB Analysis"), prepared by the Tiburon Town Council Resolution No. 01-2011 01105111 1 engineering firm of Harris & Associates, dated March 3, 2004, and available for review in the Office of the Town Engineer. The Town Engineer also prepared the Town of Tiburon Drainage Impact Fee Analysis (hereafter "Fee Analysis"), revised March 29, 2004, available for review in the office of Town Engineer, which estimates an impervious surface total for the Town of 12.17 million square feet that contributes to stormwater runoff. The Town has also caused to be prepared the Town of Tiburon Storm Drainage Master Plan, conducted by the engineering firm of CSW/Stuber-Stroeh and dated May 1, 2008, that extensively identifies needed upgrades to the Town's public storm drain system. This Plan may be viewed in the office of the Town Engineer. Based on these studies, the proportionate unit cost to rehabilitate the storm drain system is approximately $1.00 per square foot of impervious surface. 3. Need for the Fees. In the judgment of the Town Council, the current storm drain system will not be sufficient to accommodate the amount of runoff likely to be generated by new impervious surfaces in the foreseeable future. Without significant drainage improvements, the Town's storm drain system will likely deteriorate to a point where flooding and property damage would occur. 4. Sources and Amounts of Funding Anticipated to Complete Financing of Improvements. The Town Council finds as follows: a. The Town of Tiburon uses the Tiburon Storm Drainage Master Plan to help prioritize its stormwater drainage system upgrade and/or rehabilitation. The total cost estimate for the complete list of upgrades to the system approaches $11 million. The fund balance at the end of FY 2009-10 was $159,885. b. Stormwater drainage system upgrade and rehabilitation is an ongoing process. As long as new construction, remodeling, and other construction- related activity occurs in the Town that creates new impermeable surfaces, stormwater drainage system upgrades will be required. 5. Approximate Dates When Necessary Funding is Anticipated to be Deposited. The Town Council finds that stormwater drainage upgrading, enhancement and rehabilitation is an ongoing process. As long as new construction, remodeling, and other construction-related activity occurs in the Town that creates new impervious surfaces, stormwater drainage system upgrades will be required. Typically, stormwater impact fees are expended within 3-5 years of collection. Tiburon Town Council Resolution No. 01-2011 01105111 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held this 5th day of January, 2011, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS Collins, Fraser, Fredericks, O'Donnell, Slavitz None None JEF VzoF VITZ, O TO R TIB, ATTEST: / A- I ~ r 1 DIANE CRANE IACOPI, TOWN CLERK S:WtninistrationlTown CouncillResolutions1201I Wormwater impact findings resolution 2011.doc Tiburon Town Council Resolution No. 01-2011 01105111 3