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HomeMy WebLinkAboutItem 6.1 StormWaterRefuse (2) ... -.. ~ . . . f~,~J::;.Ii<'\~ CITY CLERK File # m[(i]i:3J~-[2J[aJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 25, 1997 SUBJECT: Public Hearing for Property Related Fee: Storm Water -Refuse Services Report Prepared by: Lee S. Thompson, Public Works Director EXHIBITS ATTACHED: 1) 2) 3) Resolution Report of Calculation of Fees Copies of protest letters RECOMMENDATION: 1) 2) 3) 4) 5) Open Public Hearing Receive Staff Presentation and Public Comment Question Staff and Public Close Public Hearing and Deliberate Adopt Resolution establishing property related storm water- refuse collection fee for Fiscal Year 1997-98 ~ FINANCIAL STATEMENT: The proposed storm water management program for Fiscal Year 1997-98 totals $90,395, including delinquency and the cost of fee collection. The proposed fee for Fiscal Year 1997-98 will be at $7.30 for a single-family property. This is aooroximatelv 50% less than the fee of 514.72 oer sine:le-familv orooertv that was chare:ed in orior Years. DESCRIPTION: In July 1991, the City Council approved a Storm Water Utility Fee which would be charged to all property owners in the City in order to offset the cost of the Federally mandated National Pollution Discharge Elimination System (NPDES) Program. The program is designed to reduce urban stormwater runoff pollutants which enter the storm drain system and eventually deposit in the south San Francisco Bay. These pollutants cause permanent damage to the birds and marine life of the Bay. In the past, funds collected through the City's storm water fee have been used to pay the cost of street sweeping, catch basin cleaning, and the staff time needed to carry out the local information/education ------------------------------------------------------------------- COPIES TO: ITEM NO.--OJ g:\assessdi\stormfee\agst9798 . . program and make industrial site inspections. The fee also paid County administrative costs for mas. advertising, program coordination, and stream monitoring. . Earlier this year, the City Council directed Staff to develop a Storm Water Fee which would account for only those activities associated with refuse s~ces. For the upcoming Fiscal Year, the storm water utility fee has been replaced by the Property-Related Fee for Storm Water - Refuse Services, which will pay the cost of street swe~pine: and catch basin cleanine: only (plus the costs associated with providing notice and collecting .the fe~). Street sweeping and catch basin cleaning have been identified as <<Best Management Practices" for the storm water program. The fees are based on a Benefit Unit, which is related to the estimated runoff area (Le., area covered by buildings or pavement) and the type of land use. Single family, townhouse, and duplex units have a benefit factor of 1. Condominium units are charged 60% of one <<benefit unit," and multi-family and commercial properties are calculated according to the formula below. The proposed fees are: Single family, townhouse, or duplex lot: $7.30 Condominium: $4.38 Multi-family or commercial: $7.30 times the square footage of the site + 4,840 (Example: a 48,400 s.f. property would be charged $73.00 - $7.30 x 48,400 + 4,840) Vacant property: 50% of the developed property fee Mixed use parcels' fees will be based on the proportion of the various uses for that parcel. . The storm water fee is collected by Alameda County through the property tax bills and passed on to Dublin, less collection fees. It should be noted that there will be a surplus of approximately $83,950 remaining from the storm water utility fee for Fiscal Year 1996-97. It is proposed to use these funds to pay the cost of industrial inspection, public education, and the County administrative cost for Fiscal Year 1997-98 (see Exhibit 2). Staff feels that use of the canyover funds for this purpose is reasonable since the storm water utility fee was intended to pay these costs. In future ::fiscal years, when a surplus no longer exists, these costs will have to be paid :from the City's General Fund. In accordance with the requirements of Proposition 218, notices were mailed to all property owners in the City of Dublin (7,856 total parcels) at least 45 days in advance of this public hearing. As of the date the staff report was written, protests regarding four parcels had been received, three of which were :from one property owner. A majority protest, which would consist of protests from the owners of 3,929 parcels, is required to cancel the fee. A blank space has been provided in the resolution (Exhibit 1) for entering the ::final number of protests received prior to or at the Public Hearing. Staff recommends that the City Council conduct a Public Hearing, deliberate, and adopt the Resolution approving the Storm Water Fee for 1997-98. . . . RESOLUTION NO. - 97 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~ ~ ~ ~ ~ ~ ~ ~ ~ APPROVING AND ESTABLISmNG PROPERTY RELATED STORM WATER - REFUSE FEE WHEREAS, the California Regional Water Quality Control Board's San Francisco Region has required the City of Dublin to obtain a National Pollutant Discharge Elimination System (NPDES) permit to discharge its storm water into streams which lead to San Francisco Bay; and WHEREAS, as part of the NPDES permit, the City is required to implement a Storm Water Management Plan for the Alameda County Urban Runoff Clean Water Program (program); and WHEREAS, the main objective of the Program is to protect the quality of water and life in San Francisco Bay and tributary streams in Alameda County from potentially adverse effects of storm water pollution; and WHEREAS, funding was not provided for this Federally mandated Program by Federal, State, Regional, or other sources for the Program and permit cost, and each city in Alameda County is responsible for funding its portion of the program and permit cost; and WHEREAS, Staffhas developed a method of establishing a City-wide fee to cover a portion of the costs of the Program, including the cost of collecting fees and estimated delinquency; and . WHEREAS, storm drainage systems help to prevent flooding of properties; and WHEREAS, the cost to each property owner is proposed to be calculated based on equivalent runoff area for a single-family residential unit as set forth in the report prepared by the City Public Works Department; and WHEREAS, the report was available for public inspection and review more than ten (10) days prior to this public hearing; and WHEREAS, in compliance with Proposition 218, a noticed public hearing was held for purposes of considering adoption of this Resolution and the proposed property-related Storm Water-Refuse Fee; and WHEREAS, _ protests were received, not constituting a majority protest; and WHEREAS, said Council has duly considered said report and each and every part thereof, and all testimony received at the public hearing finds that each and every part of said report is sufficient, and that said report, nor any part thereof requires or should be modified in any respect; WHEREAS, the Council finds that: A. The purpose of the Storm Water-Refuse Fee is to provide a program for stonn water drainage for all properties within the City; . B. The cost of the program and the method of allocating the cost among all properties within the City is set forth herein; I EXHIBiT _ I 1?e:x;!u:fz:cn . . C. The fees collected pursuant to this Resolution shall be used to provide fimds for street sweeping and catch basin cleaning (plus the cost of providing notice, preparing the calculations, and the cost of collection): The amount to be raised through the Storm Water-Refuse Fee for 1997-98 does not exceed the . estimated total cost of the Program and related expenses described in the report for Fiscal Year 1997-98; and D. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin establishes and adopts a Storm Water- Refuse Fee. BE IT FURTIffiR RESOLVED that the following method be used to calculate the Storm Water-Refuse fees for different land uses for the 1997-98 fiscal year: Land Use Fee Cost Each Single-Family Residential, Townhouse, or Duplex Each Condominium Commercial, Industrial and Multi-Family Residential Lands that have been zoned for mixed uses but not subdivided One Benefit Unit ($7.30) 0.6 Benefit Unit ($4.38) Lot size (sf) x One Benefit Unit ($7.30) 4,840 sf The calculation will be made for the uses based on the proportion of the area zoned for individual use For Vacant Land 1/2 the fee as calculated above The fee for Fiscal Year 1997-98 for each Benefit Unit shall be $7.30. . BE IT FURTHER RESOLVED that the City Manager is authorized and directed to enter into all necessary agreements with Alameda County for collection of the fees along with property taxes, including payment to Alameda County of its reasonable costs of collection not to exceed 1.7% of the total amount collected. PASSED. APPROVED AND ADOPTED this 25th day of June, 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g: lassessdistlstormfee Ireso 9798 . /... . . . PROPERTY RELATED FEE STORM WATERooREFUSE COLLECTION FISCAL YEAR 1997-98 REPORT OF CALCULATION OF FEES CASH BALANCE, 6/30/96 $ 58,387.00 1996-97 STORM WATER UTILITY FEE EST. INCOME $ 170,288.00 PRIOR YEAR COLLECTIONS $ 2,450.00 PENALTIES $ 950.00 CONTRIBUTIONS $ 4,500.00 ESTIMATED INTEREST $ 3,735.00 SUBTOTAL $ 240,310.00 ESTIMATED 1996-97 EXPENDITURES ENGINEERING, INCLUDING COUNTY ADMINI- STRATIVE COST, INDUSTRIAL INSPECTION, PUBLIC EDUCATION, AND REPORT PREPARATION: $ (70,330.00) STREET SWEEPING $ (74,660.00) CATCH BASIN CLEANING $ (4,730.00) DELINQUENCY, AT 2.2% $ (3,746.00) COUNlY COST OF COLLECTION AT 1.7% $ (2,895.00) SUBTOTAL: $ (156,361.00) BALANCE AS OF 6/30/97 $ 83,949.00 ESTIMATED EXPENDITURES FOR 1997-98 PRO- POSED TO BE PAID BY SURPLUS: PERSONNEL COST, SUPPLIES, AND TRAINING FOR INSPECTION AND EDUCATIONAL PROGRAMS $ (29,620.00) EDUCATIONAL PROGRAMS, CONTRACT $ (1,000.00) COUNTY ADMINISTRATIVE COST $ (50,000.00) SUBTOTAL: $ 3,329.00 1997-98 STORM WATER-REFUSE FEE EST. INCOME $ 86,611.00 PRIOR YEAR COLLECTIONS $ 2,450.00 PENALTIES $ 475.00 ESTIMATED INTEREST $ 3,000.00 SUBTOTAL: $ 95,865.00 ENGINEERING (REPORT PREPARATION ONLY) $ (1,500.00) STREET SWEEPING $ (80,600.00) CATCH BASIN CLEANING $ (4,900.00) DELINQUENCY AT 2.2% $ (1,923.00) COUNTY COST OF COLLECTION AT 1.7% $ (1,472.00\ SUBTOTAL, 1997-98 EXPENDITURES ONLY: $ (90,395.00) BALANCE AS OF 6/30/98: $ 5,470.00 .; EXHlBIT 'JJ Pa~ ~ ea/t!U(a~ I I : Date Rcvd. : I 1 I 2 I 3 I 4 5/12/97 5/12/97 5/12197 5/15/97 'I Name Protest on Storm Water Fee Increase I Parcel # Address !941.o176-039 17335 Bedford Way 1941.0176-089 In15 Cardigan St 1941-0185-012 8527 Longford Way 1941-1501)...36-0017007 San Ramon Rd. G:\FINANCE\SPREADSH\PROTEST.XLS Conner, Steve Protest Fees - Charge directly to person at address instead of property ow r. Conner, Steve Same as above Conner, Steve Same as above Gemma, J. Protest Fees under the stron est tenns. EXHIBIT '"' rprr>tp.~ Lettus (4) . . 'Y.;~' I:' ~ i' ':. C,' 17 c(~,. ~ ~:: ,C .~T7 of ovt (;~ h f. 0 "tSvf ;J3 'fo. Li- Dvb/;'7 {Atl 9tfsc,a ; . ::1 I ...1 I' ... . . .:; .. Pi 3 ~ S-1,2/ /17 RECEIVED MAY 13 1997 CITY Ur LJUtsllN ...... 1 i 1" ;:i . , .. . .,' !{ g: ,;, rct' /# 9~ 1- 17' -r; '1 fJJJ,.e$~ : ...19:,,~.$'n166Jh;J' vij ~~l .l2e!1r _ .clerk ~;i.' .k tP~8>l Ie /,'0 t&f -rlu' ~t!s;/t!'~1i~( fY!r';"IAtv/J1. i; &,,/t,.'y~ / g,";-ci7 s...-",'CI.s 1f"'.1 -,k. .>7.,.,., tP..I fer ~".r--- : ( ~ ..Iv.s" CO (~.Ti 0 r) . 00 ". r ~ry__ rip" teNt: ; r.,... s r. ::: ""'( fJ'""l'ery J;" 8;1(. Cl,,'l~ Tk,.,. ,!;,.,. Ty To de. ij\ fer.s~" .A1 d~ /1LJ'e~..s j,~ ~7 -~ served' . I.j .:1 __ ~ ~! _ d _ .. _ . ~ I -- --,::-- -- -- .--- - , ,: - S (~ {.t;~t;.Ir- "~~ I K r3.f"~ ..:r; (( W/1 / C4!.s~ dj~ eM, ysc;eC fin-c. >:5 7" yot 'i i:i nr- 'I: 1. J. . -.----- PI I , iH-' d. --~- --. ._, . "1 - . -' -irl---- -- ~- -. ;;j .., . .. i:1 n'_ iJ--- ---- -- . ----- ii, t, .' .....,....------ .._~---- i:; . Pe~r _C/cer/=. !:\.' .:k tP ~5f ~ I'rQ t;.cr 11.1' ~es;Ie,,1iA ( jY1,'A :A1v~ i: &",/t"',11 / &~rf7 s,....,:CI..s 1'f"1.1 7f., .>7...."" tPJ fer ~r'--'" J.l.,-N..s<:: ~o(k.r:~,,). _ Do /loT ~')'... .,it' "t",,, ; (__s J;, .j,l\ ""I' j'"",!'er f?;" g; (( . cf4 7'" ~". .,/.r,. ry To de Id- 'f#r.s~" ;41' ri.~ .4LJ,n~&.s ;~~.,. 6ercle'/. L,. . n - j!r~_~-~u - -- ..~l._..-,.._,---- -- "1 ,. HI + ----- IlL . ., -. ~ .~,-....... _._.~~- .~- - Iii- ill . .. ----+Tt-- .. . --- '--'--~'" -.--. 111. .. _. __ _li___n____. . __._n _____ .,. -_ n'_ . I:! .' 7,. ;:: c,' r, C!er t II ~ . I ;:; C .~T7 _ of Ov/# (;~ j.t f.o~ iS~ ;Z3i~. i ~ D~t/;~ CfI 9'fs-(,B .' I' . ! ..... .. . ~ fti , . '.' .. . ~ ~ -~ - ... ..- b - .. I ..... t< E.~ .. ~ 5/11../1 7 RECEIVED MAY 13 1997 . CiTY Uf UUt:SLI~ ~ rc~ / It 1'f 1- 1"'1' - 'i; fJlJre5~ : i1C.:.>..:.,:;qfnlijZ-;y,'ST. '~;-'- S ({N_c:;e~~_ !r -:IS-a:;;: /F6~;" -~(( W/1/ ~~~ d;l~ ~, YS~' fl!!:C.. _ ~3 7-: ! 0 '1 Y . vr-W'Ip'<o_...-"'r'"...... . 7::, .1 C'- I I : : i I (1 C fer ,.. j t! ' I . . !::, _C:T1 of O"t.. (;~ U fo ~ tS~ ;13'70 i;~.Dvb/;~ Ut 9'f~8 , , I ..... ~/l2.1 q 7 RECEIVED MAY 13.1997 . C\TY OF DUBLIN ,-j ! : ~ e." ~ rc~/ 1t '1,1'" g 5 -(""2./ fJJJrt!s-'> : '8>~7 I-o,.;f,;.~ tV7 i ~ ~ - ..U . ~i . n " Ch L hi. _ve. .r +_ ...e'."F- ., !:\ .: ~ (..l/ ~;s1 10 1'/'0 t;.cr I~{' Res;~"t'" ( fY!,(A ,cAl~"'" i-j 6'N.t,.)'~ / &<,/,<,17 ..s...-..:".5 (('1./ 7f., .>7.,."" tV" fer ~--- i;i{ .1..1...." C.f~.no,,). _ Do ".r ~':tr rip "t,J~ ; f......s r. . -' \ \,.../, ,u"y,'er f j;;".. g; II . cl" 7'" de". ,/..,.,. Ty To ,-ie ___ -c l.. ~#r~~~ _ ,"1 . d",__~L/~"~ ;~ ~7 __6-:~~~e'/... I '. _ i ~ i -~.._".- .- -+'. 111\"--' . Ii - - - ..- ,!I . - - n-"'--' ._U_ ..' : I . +---nT-- --- --. 1:1 .111---- -. - ,: _ _. _._ Jii_ ____. ______. . . ___H" .---- S ~(~-~~e"t!-1r ---;.- .~'.~ / F a.>;J.. .-.J7 c( WI1/ , c".s~ di~ eM, YSY' f'~ 5:.37"~D 1"( ;.1 Ii! . .....L{1~1f1~(;:... - . .;., ~'.'- F :;~.. r" . ... . .:~. ,J :.' 'f' .... . .. '". "'. . .- ." '_" '''I!'".r": __ . - - --.. ~ . . . ~.,.. . .....~ ,:. . . '-. . 7 ~ DUBLIN INVESTORS RECEIVED G f' MAY 131997 ell y ur= DUW ~ Charles Pillers. Managing Panner PO Box 111585 Campbell. CA 95011-1585 Phone: (408) 241-5600 Fax: (408) 261-3366 Pager: (408) 581-3800 eimail -cpi//ers@ao/.com May 21, 1997 City Clerk City of Dublin PO Box 2340 Dublin, CA 94568 Re: Proposed assessment of fees against parcels of property owned by us. We hereby protest under the strongest terms, the proposed assessment of user charges against the owners of parcels of real estate as being proposed under the "CITY OF DUBLIN, PUBLIC NOTICE AND SUMMARy REGARDING PROPOSED ADOPTION OF PROPERTY RELATED FEES.", received by us this date. These proposed .....fees relate to Refuse Collection Services for two program areas (Garbage CoDectionJDisposal- RecycIing'CoDection and S~onn Water Program)." . Property Owner: Gemma, Joseph F. et aI, dba Dublin Investors c/o Charles Pillers, Managing Partner PO Box 111585 Campbell, CA 95011-1585 Assessor's Parcel #: 941-1500-36-00 Property Address: 7007 San Ramon Road, Dublin, CA If any portion of this written protest is not adequate, please notifY me of the deficiency in time for me to correct it as it is fully our intent to protest any filiing against our prope . ~ .