CC Resolution No. 11-091 Storm Drain Fees 2011-2012 RESOLUTION NO. 11 -091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE RENEWAL AND COLLECTION OF THE EXISTING
STORM DRAIN FEES AT NO INCREASE IN RATES FOR FISCAL YEAR 2011 -2012
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 April 7, 2011. A 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 27, 2011; and
WHEREAS, the report, filed with the City Clerk, 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.
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 federal and state requirements for Nonpoint Source
Control and a Stormwater Management Program.
2. Use of Revenue. The revenue derived from said charge shall be used in connection with
implementing and enforcing Chapters 3.36 of the Cupertino Municipal Code entitled "Storm Drainage
Service Charge" and Chapter 9.18 entitled "Stormwater Pollution Prevention and Watershed
Protection."
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 $ 3 6.00 /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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th
day of June, 2011, by the following vote:
Vote Members of the City Council
AYES: Wong, Chang, Mahoney, Wang
NOES: None
ABSENT: Santoro
ABSTAIN: None
ATTEST: APPROVED:
Gt
City Clerk al t Mayor, City of Cupertino �'
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 (EPA). Regulations
by the EPA and the State of California require cities to take specific actions to eliminate or control
pollutants in waters of the State.
The term "nonpoint source pollution" represents a process whereby pollutants, debris, sediment 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 local creeks
and the San Francisco Bay. Sources of these pollutants may include automobile exhaust and oil,
pesticides, fertilizers, chemicals, eroded soil, detergents, paints, litter 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 illegal discharges and waste disposal into storm drains, monitoring pollutants, public
education and public awareness, and operation and maintenance of storm drain facilities.
The State San Francisco Bay Regional Water Quality Control Board (Water Board) approved the
Municipal Regional Permit (MRP) on October 14, 2009. The permit was issued to 76 agencies or
co- permittees (including the City of Cupertino) which discharge storm water through drainage
systems to the San Francisco Bay. The MRP includes several mandated requirements that are
being phased in over five years. The Santa Clara Valley Urban Runoff Pollution Prevention
Program (SCVURPPP) has had to increase its co- permittee assessments by about 20% to meet
these new requirements. The Order requires Bay Area municipalities to install trash full- capture
devices to remove trash and debris from thirty percent of a city's wholesale and commercial land
use acreage. The City of Cupertino is on record as having 213 acres of wholesale and commercial
land use area. The City must also inspect and clean its drain inlets and storm drain conveyance
system annually prior to the rainy season. With these and various other MRP requirements on the
horizon the City has had to increase the NPS budget to ensure continued compliance. While
Proposition 218 essentially prevents the City from increasing stormwater fees, it is important that
the fees that have been in place since 1992 continue to be collected.
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for fiscal year
2011 -2012 is approximately $520,000. The breakdown of costs is outlined as follows:
Countywide Program $ 120,000
Regional Watershed Monitoring
State National Pollutant Discharge Elimination System (NPDES) Permit Fees
Public Education, Public Awareness and Staff Training
CA Stormwater Quality Association (CASQA) Guidance Manuals
SCVURPP Program Fee - Collaborative Implementation of Permit Requirements
Municipal Permit Compliance Policy Implementation
Operations and Maintenance $ 180,000
Catch Basin Cleaning
Street Sweeping
On -call Spill Response
City Public Education Awareness $ 50,000
Public Outreach Materials & Events
Third -Grade Creek Education for Local Schools
Support for High School Watershed and Creek Education
Support for De Anza College and Community Environmental Education
Local Programs $ 170,000
Administration and Ordinance Revisions
Reports to State SF Bay Water Board
Database Administration
Illegal Discharge Detection & Elimination Investigation and Enforcement
Industrial /Commercial Inspection and Enforcement Program
Construction Site Inspection and Control Program
New Development Implementation of Low Impact Development (LID)
Trash Management Requirements and Litter Abatement
TOTAL $ 520,000
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 land -use 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 approximate revenue stream for different categories of
development.
No. Parcels Annual Revenue
Development Category Factor or Acre Cost/Unit Generated
Residential 1 15,579 Pcl $ 12.00 $ 186,948
Commercial /Industrial/
Apartments 12 1,016.59 Ac 144.00 $ 146,388
Unimproved /Recreational 3 931.94 Ac 36.00 $ 33,549
TOTAL $ 366,885
Each parcel has been identified and a fee established in a separate report entitled PARCEL
ASSESSMENT REPORT.
Timm Borden
Director of Public Works
5/27/11