18. Storm drain fees 08-09CUPERTINO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM j
AGENDA DATE June 17, 2008
SUBJECT AND ISSUE
Adopt a resolution approving the review and collection of the existing storm drain fees with
no increase in rates proposed for Fiscal Year 2008-2009.
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 ac#ivities), 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. Every year the ~ City Council
reviews the fee revenue and the proposed program budget and adopts a resolution to ensure
that the County continues to collect the fee.
Assessment Rate FY 2008-2009
The fees have remained the same since they were first levied in 1991 and no increase is
proposed (any increase would require a vote of the electorate). The annual fees for each
property category are as follows:
Category Rate per Year
Single Family Town homes, Condominiums $ 12.00 /premise
CommerciaUlndustriaVApartments $144.00 /acre
Unimproved/Recreation $ 36.00 /acre
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FISCAL IMPACT
The fee schedule when levied on all properties in the City of Cupertino generates
approximately $365,000. The proposed program budget for FY 2008-2009 is $441,000. This
budgeted amount represents an increase from the previous year to meet new requirements
listed in the pending federally mandated NPDES permit. The new permit is expected to be
approved by the State Water Quality Control Board in September 2008.
STAFF RECOMMENDATION
Adopt Resolution No. 08- D~7 ,approving the review and collection of the existing storm
drain fees with no increase in rates for Fiscal Year 2008-2009.
Submitted by:
Approved for submission:
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Ralph A. Qualls, 7r. David W. Knapp
Director of Public Works City Manager
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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 U.S. Environmental Protection
Agency (EPA). Regulations by, the EPA and the State of California require cities to
take specific actions to eliminate or control pollutants.
The term "nonpoint source pollution" 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
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 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 storm drains, monitoring pollutants,
public education and public awareness, and operation and maintenance of storm drain
facilities.
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for
fiscal year 2008-2009 is $441,000. The breakdown of costs is outlined as follows;
Countywide Program $ 100,000
Regional Monitoring
Permit Fees
Public Education & Public Awareness
BMP Manuals
Program Management
Operations and Maintenance $ 171,000
Street Sweeping and Catch Basin Cleaning
City Public Education Awareness $ 50,000
Public Outreach
Printed Materials
Creek Education
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Local Programs $ 120,000
Administration
Fee Collection
Illicit Connection and Illegal Dumping
Industrial Inspection
New Development and Construction
C. Revenue And Assessment
TOTAL $ 441,000
Revenues generated to fund this program were established in 1992 and 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.
No. Parcels Annual Revenue
Deveopment Category Factor or Acre Cost/Unit Generated
Residential 1
Commercial/Industrial/
Apartments 521
Unimproved/Recreational 189
15,504 Pcl $ 12.00 $ 186,048
1,020.84 Ac 144.00 147,001
920.28 Ac 36.00 33,130
TOTAL $ 366,179
Each parcel has been identified and a fee established in a separate report, entitled
PARCEL ASSESSMENT REPORT, which is available in the City Clerk's office
for public review.
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Ralph A. Qualls, Jr.
Director of Public Works
6/10/08
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RESOLUTION NO.OS-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CONDUCTING AN ANNUAL REVIEW OF THE STORM DRAINAGE
SERVICE CHARGE
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 June 3, 2008. The report,
entitled "Engineer's Report, Assessment of Fees for Stortn Drainage Purposes Nonpoint Source
Pollution Program", .was prepared by the Director of Public Works and is dated June 10, 2008; 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 burdened by the entire cost of the
program.
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 chazged 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. '
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Resolution No. 08-087
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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.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino, that:
1. Charge. The storm 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 Stormwater 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 Chaxge."
3. Schedule of Charges.
{a) Annual fees for each category of property will be assessed and collected as follows:
Residential premises $ 12.00/parcel
Apartment premises $144.00/acre
Gommercial/Industrial premises $144.00/acre
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 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, o_ r annul this resolution shall be brought within 120 days from the
date of its adoption.
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Resolution No. 08-087
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 17th day of June 2008, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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