CC Resolution No. 09-094 Storm drain feesRESOLUTIOI~f N0.09-094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE RENEWAL AND (:OLLECTION OF THE EXISTING
STORM DRAIN FEES AT NO INCREASE II`1 RATES FOR FISCAL YEAR 2009-2010
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 acid 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 8, 2009.
The report, entitled "Engineer's Report, Assessment of Fees for Storm Drainage Purposes
Nonpoint Source Pollution Program", was prepare~~ by the Director of Public Works and is dated
June 8, 2009; and
WHEREAS, this report was available for public inspection and review ten (10) days prior
to this public hearing; and
WHEREAS, the City Council of the City o:f 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 ~Nhich 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 acid every parcel of land contained in said report
will, and has received a benefit of the storm drainz~ge 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.
Resolution No. 09-094
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 Charge."
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
Commercial/Industrial premises $144.00/acre
Unimproved/Recreational $ 36.00/acre
(b) The following public properti;s 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 (~ollege 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 re~;olution shall be brought within 120 days from
the date of its adoption.
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Resolution No. 09-094
PASSED AND ADOPTED at a regular meeting oi~the City Council of the City of Cupertino this
16th day of June, 2009, by the following vote:
Vote Members of the C~ Council
AYES: Mahoney, Sandoval, Wang
NOES: None
ABSENT: Santoro, Wong
ABSTAIN: None
ATTEST:
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City Clerk~~
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APPROV
Mayor, City of Cupertino
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Resolution No. 09-094
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 thy: 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 (NPS) 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 systen:~, 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. 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 Clara Valley
assessments have already increased by about 20%. When the Tentative Order is approved, it
will require Cupertino to provide staff to Impl~:ment 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 e~itire storm drain system annually prior to the
rainy season (October 1St). With this and other MRP 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 storniwater fees by Proposition 218, it is important
that the fees that are in place continue to be collected.
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for fiscal
year 2009-2010 is $510,000. The breakdown of costs is outlined as follows:
Countywide Program $ 110,000
Regional Monitoring
Permit Fees
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Resolution No. 09-094
Public Education & Public Awareness
BMP Manuals
Urban Runoff Countywide Program Mgmt
Operations and Maintenance
Street Sweeping and Catch Basin Cleaning
$ 180,000
City Public Education Awareness
Public Outreach & Materials
Creek Education
$ 50,000
Local Programs $ 170,000
Administration & Fee Collection
Industrial Inspections (Building Inspector)
New Development & Construction Controls
NPS Pollution Inspector (Illegal Discharge Prog)
Professional Contract Services
TOTAL $ 510,000
C. Revenue and Assessment
Revenues generated to fund this program are b~ised on a factor (see table below) calculated
from the City's Master Storm 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 each category is based on a comparison to an average residential
parcel assigned a factor of one.
The following table represents the revenue stre;~m for different categories of development.
No. of Revenue Annual
Deveonment Category Parcels Generated Factor Cost/Unit
Residential 15,543 $ 186,516 1 $ 12.00/parcel
Commercial/Industrial/
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 identified and a fee established in a separate report entitled PARCEL
ASSESSMENT REPORT.
/s/ Ralph Qualls, Jr.
Ralph A. Qualls, Jr.
Director of Public Works
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