15. Storm drain feesCUPERTINO
PUBLIC WORKS DEPARTMENT
Sumrnary
AGENDA ITEM I ~
AGENDA DATE June 16, 2009
SUBJECT AND ISSUE
Adopt a resolution approving the renewal and collection of the existing storm drain fees at no
increase in rates for fiscal year 2009-2010.
BACKGROUND
Since 1991, the Nonpoint Source Program, mandated by the State of California and the US
Environmental Protection Agency regulations, has been funded locally from a storm fee applied
to each property in the City. The fee is collected by the Santa Clara. County Tax Collector and
provided to the City.
These funds support the City's State and federally mandated programs to prevent illegal
discharges and connections to the City's storm drain system: The City's storm drain system
connects to the waters of the State (local creeks and the Bay). Also supported by these funds, are
the operation and maintenance of storm drain facilities {to the extent not covered by existing
General Fund activities), a portion of the annual street sweeping contract, water quality
monitoring, public information and education, and regulatory revisions and permit related tasks.
Assessment Rate FY 2009-2010
The fees have remained the same since they were first levied in 1991 and no increase is
proposed. The annual fees for each property cafe€;ory ate as follows:
Category Rate per Year
Single Family, Townhomes, Condoiminiums $ 12.00 /parcel
Commercial/IndustriaUApartments $144.40 /acre
Unimproved/Recreation $ 36.00 /acre
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FISCAL IlVIPACT
The fee schedule when levied on all properties in the City of Cupertino generates approximately
$365,000. The proposed program budget for FY 2009-2010 is $510,000. This budgeted amount
represents increased enforcement activity to prevent illegal discharges and connections to the
City's storm drain system and State waters, in keeping with increasingly stringent State and
federal clean water requirements. Any change in the current fee amount would be subject to the
two-thirds vote provisions of Proposition 2I 8, and no change is recommended at this time.
STAFF RECOMMENDATION
Adopt a resolution approving the renewal and collection of the existing storm drain fees at no
increase in rates for fiscal year 2009-2010.
Submitted by:
Approved for submission:
~(
Ralph A. Qualls, Jr. David W. Knapp
Director of Public Works City Manager
Attachment A: Reso3ution No. 09-~
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DRAFT ATTACHMENT A
RESOLUTION N0.09-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVIl~IG THE RENEWAL AND COLLECTION OF THE EXISTING
STORM DRAIN FEES AT NO INCREASE ITS RATES FOR FISCAL YEAR 2009-2010
WHEREAS, the City Council of the City of (~upertino has previously enacted Municipal Code
Chapter 3.36 for the purpose of meeting the City's iFederally mandated Nonpoint Source Control and
Stormwater Management Program and establishing the authority for imposing and charging a storm
drainage service chazge; and
WHEREAS, a report concerning the method of assessing an environmental fee to fund the
City's Nonpoint Source Program was prepared by tlZe Director of Public Works pursuant to Section
3.36.080(B) of the City's Municipal Code and filed with the City Clerk on May 8, 2009. The report,
entitled "Engineer's Report, Assessment of Fees :for Storm Drainage Purposes Nonpoint Source
Pollution Program", was prepazed by the Director of Public Works and is dated June 8, 2009; and
WHEREAS, this report was available for public inspection and review ten (IO) days prior to
this public hearing; and
WHEREAS, the City Council of the City of Cupertino finds and determines as follows:
1. After considering the report entitled ";Engineer's Report, Assessment of Fees for Storm
Drainage Purposes Nonpoint Source Pollution Pro€~am" and the testimony received at this public
hearing, the City Council hereby approves the report <<nd herein incorporates it in the resolution.
2, There is a need in the City for the continuation of a storm drainage service charge to
cover the costs of the federally mandated program as heretofore described, in that properties within the
city will not otherwise contribute their fair share towards this program and without the availability of
such storm drainage service charge, the City's genera] fund will be depleted.
3. The facts and evidence presented establish that there is a reasonable relationship
between the need for this fee and the impacts for ~n~hich this fee shall be used, and that there is a
reasonable relationship between the fee's use and the properties, which are to be charged this fee.
These relationships or nexuses are described in more detail in the above referenced report.
4, It is further determined that each and every parcel of land contained in said report will,
and has received a benefit of the storm drainage sysi:em and that the chazges imposed herein on each
such parcel are in conformity with the benefits that such parcel has received as further described in the
report.
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Resolution No. 09-094
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that:
1. Chaz~e. The storm drainage service charge shall continue to be chazged to each parcel
within the city to cover the costs of the City's Nonpoint Source Control and Stormwater Management
Program.
2. Use of Revenue. The revenue derived from said chazge shall be used solely in
connection with implementing and enforcing Chapter 3.36 of the Cupertino Municipal Code entitled
"Storm Drainage Service Charge."
3. Schedule of Charges.
(a) Annual fees far each category of property will be assessed and collected as follows:
Residential premises $ 12.00/parcel
Apartment premises $144.00/acre
CommerciaVIndustrial premises $144.00/acxe
Unimproved/Recreational $ 36.00/acre
(b) The .following public properties are exempt from, and shall not be assessed the
environmental fee:
Cupertino Sanitary District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific Transportation Company
State of California
The Santa Clara County Fire Department
The City of Cupertino
The Cupertino Union School District
The Foothill-De Anna Community College District
The Fremont Union High School District
The Midpeninsula Regional Park District
United States of America
4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to
challenge, review, set aside, void, or annul this resolution shall be brought within 120 days from the
date of its adoption.
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Resolution No. 49-094
PASSED AND ADOPTED at a reguiaz meeting of t);ie City Council of the City of Cupertino this 16th
day of June, 2009, by the following vote:
Vote Members of the C~ Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
1~Zayor, City of Cupertino
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EXHIBITA
ENGINEER'S REPORT
ASSESSMENT OF FEES FOR STORM DRAINAGE PURPOSES
NONPOINT SOURCE POLLUTION PROGRAM
A. Program Description and Purpose
The purpose of this assessment is to collect fees for funding the City of Cupertino's
Nonpoint Source Pollution Program mandated by the Environmental Protection
Agency (EPA). Regulations by the EPA and the State of California require cities to
take specific actions to eliminate or contxol pollutants.
The term "nonpoint source (NPS) pollution" represents a process whereby pollutants,
debris and chemicals which accumulate on streets, in neighborhoods, construction
sites, pazking lots and other exposed surfaces aze washed off by rainfall and carried
away by stormwater runoff into the San Francisco Bay. Sources of these pollutants
may include automobile exhaust and oil, pesticides, fertilizers, chemicals, eroded soil,
detergents, paints and other discarded material carried through the storm drain system,
without treatment, directly to the Bay. These pollutants aze hazardous to aquatic and
human life.
The City of Cupertino has implemented several programs to mitigate this problem
that include elimination of waste disposal into storm drains, monitoring pollutants,
public education and public awareness, and operation and maintenance of storm drain
facilities. The City is expecting the State San Francisco Bay Regional Water Board to
approve a new Muncipal Regional Permit (MRP), which was presented to 76 agencies
and municipalities in the second Tentative Order, dated February 11, 2009. After the
new MRP is adopted, several new mandated requirements will be implemented. In
anticipation of this, Santa Claza Valley assessments have already increased by about
20%. When the Tentative Order is approved, it will require Cupertino to provide
staff to Implement installation of trash full-capture systems for a percentage storm
drain inlets, ensure ongoing operation and maintainence of the structures, and inspect
and clean the City's entire storm drain system annually prior to the rainy season
(October 1~`). With this and other M1ZP requirements on the horizon, the City has had
to ensure ongoing compliance by increasing the NPS budget to meet the demands.
While the City is prevented from raising stormwater fees by Proposition 218, it is
important that the fees that are in place continue to be collected.
S. Estimated Expenditures
The total estimated budget to implement the required programs described above for
fiscal yeaz 2009-2010 is $510,000. The breakdown of costs is outlined as follows:
Countywide Program $ 110,000
Regional Monitoring
Permit Fees
Public Education & Public Awareness
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BMP Manuals
Urban Runoff Countywide Program M:gmt
Operations and Maintenance $ 180,000
Street Sweeping and Catch Basin Cleaning
City Public Education Awareness $ 50,000
Public Outreach & Materials
Creek Education
Local Programs $ 170,000
Administration & Fee Collection
Industrial Inspections {Building Inspector)
New Development & Construction Coatrols
NPS Pollution Inspector (Illegal Discharge Prog)
Professional Contract Services
TOTAL $ 510,000
C. Revenue and Assessment
Revenues generated to fund this program are based on a factor (see table below)
calculated from the City's Master Storns Drain Study, approved in 1993, which
contains runoff coefficients and the average area of impervious surface per acre based
on type of development. The factor for e~ich category is based on a comparison to an
average residential parcel assigned a factol• of one.
The following table represents the revenue stream for different categories of
development. .
No. of Revenue Annual
Deveopment CateEOry Parcels Generated Factor Cost/Unit
Residential 15,543 $ 186,516 1 $ 12.00/parcel
CommerciaUIndustrial/
Apartments 517 $ 146,311 12 $ 144.00/acre
Unimproved/Recreational 214 $ 33,530 3 $ 36.00/acre
TOTAL 16,274 $ 366,357
Each parcel has been identifed and a fee established in a separate report entitled
PARCEL ASSESSMENT REPORT.
`~..~ C.l~ Lt ~ C~~
Ralph A. Qualls, Jr.
Duector of Public Works
6/08/09
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