12 Storm Drainage Program
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City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX: (408) 777-3333
CI OF
CUPEIUINO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM
J2.
AGENDA DATE June 20,2006
SUBJECT AND ISSUE
Annual Renewal of Fees for Storm Drainage Nonpoint Source Program~ FY 2006-2007, with
no increase in current fee rates.
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 mandated programs to prevent and enforce illegal dumping
and illicit storm drain connections. 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 related tasks are also supported by these funds. To maintain the ftmd as a
resource it must be renewed by Council action every year to adopt the fee schedule for the
ensuing fiscal year.
Assessment Rate FY 2006-2007
The fees have remained the same since they were first levied in 1991 and no increase is
proposed. The annual fees for each property category are as follows:
Category
Rate per Year
Single Family Town homes, Condominiums
Commercial/Industrial! Apartments
Unimproved/Recreation
$12.00/premise
$ I 44.00/acre
$36.00/acre
Printed on Recycled Paper
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FISCAL IMP ACT
The fee schedule when levied on all properties in the City of Cupertino generates
approximately $361,000. The program has been budgeted at $361,000 in the proposed
operating budget for FY 2006-07.
STAFF RECOMMENDATION
Adoption of Resolution No. 06 J J 0 approving. the renewal and collection of the existing
storm drain fees at no increase in rates for Fiscal Year 2006-2007.
Submitted by:
Approved for submission:
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David W. Knapp
City Manager
\=,ott-Ralph A. Qualls, Jr.
Director of Public Works
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RESOLUTION NO. 06-120
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CONDUCTING AN ANNUAL REVIEW OF THE STORM DRAINAGE
SERVICE CHARGE (NON-POINT SOURCE PROGRAM)
WHEREAS, the City Council of the City of Cupertino has previously enacted Municipal Code
Chapter 3.36 for the purpose of meeting the City's federally mandated Nonpoint Source Control and
Stormwater Management Program and establishing the authority for imposing and charging a storm
drainage service charge; and
WHEREAS, a report concerning the method of assessing an environmental fee to fund the
City's Nonpoint Source Program was prepared by the 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 23, 2006. The report,
entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes Nonpoint Source
Pollution Program", was prepared by the Director of Public Works and is dated May 23, 2006; and
WHEREAS, this study was available for public inspection and review ten (10) 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 Program" and the testimony received at this public
hearing, the City Council hereby approves the report and 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 general 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 which 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. The amounts of the fee for each category of property, as set forth below, are reasonable
amounts as such fees are based on runoff coefficients established in the Master Storm Drain Study,
which the City Council hereby approves and herein incorporates such study.
5. 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 system and that the charges 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. 06-120
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that:
1. Charge. The stonn drainage service charge shall continue to be charged to each parcel
within the city to cover the costs of the City's Nonpoint Source Control and Stonnwater Management
Program.
2. Use of Revenue. The revenue derived from said charge 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 for each category of property will be assessed and collected as follows:
Residential premises
Apartment premises
Commercial/Industrial premises
Unimproved/Recreational
$ 12.00/parcel
$ 144.00/acre
$ 144.00/acre
$ 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 Anza 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. 06-120
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th
day of June, 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
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Resolution No. 06-120
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EXHIBIT A
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 (EP A). Regulations
by the EP A and the State of California require cities to take specific actions to eliminate or control
pollutants.
The term "nonpoint source pollution II represents a process whereby pollutants, debris and chemicals
which accumulate on streets, in neighborhoods, construction sites, parking lots and other exposed
surfaces are washed off by rainfall and carried away by stonnwater 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 are 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 stonn drains, monitoring pollutants, public education and public
awareness, and operation and maintenance of stonn drain facilities.
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for fiscal year
2006-2007 is $361,000. The breakdown of costs is outlined as follows:
Countywide Program
Regional Monitoring
Permit Fees
Public Education & Public Awareness
BMP Manuals
Program Management
$ 88,000
Operations and Maintenance
Street Sweeping and Catch Basin Cleaning
$ 122,000
City Public Education Awareness
Public Outreach
Printed Materials
Creek Education
$ 50,000
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Resolution No. 06-120
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Local Programs
Administration
Fee Collection
Illicit Connection and Illegal Dumping
Industrial Inspection
New Development and Construction
$ 101,000
TOTAL
$ 361,000
c. Revenue And Assessment
Revenues generated to fund this program are based on a factor calculated from the City's Master
Storm Drain Study runoff coefficients and average area of impervious surface per acre based on
type of development. The factor for each category is based on a comparison to an average
residential parcel assigned a factor of one.
The following table represents the revenue stream for different categories of development.
Deveopment Cate~
Factor
No. Parcels
or Acre
Annual
CostlUnit
Revenue
Generated
Residential
1
15,101 Pel
$ 12.00
$ 181,212
Commercial/Industrial!
Apartments
12
1,021.68 Ac
144.00
147,122
UnimprovedlRecreational
3
914.06 Ac
36.00
32,906
TOTAL $ 361,240
Each parcel has been identified and a fee established in a separate report entitled PARCEL
ASSESSMENT REPORT.
Ralph A. Qualls, Jr.
Director of Public Works
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