CC Resolution No. 13-039 Approving Renewal and Collection of Existing Storm Drain Fees for Fiscal Year 2013-2014 RESOLUTION NO. 13-039
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 2013-2014
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
Stormwater Pollution Prevention and 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 Stormwater Management 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 1st, 2013. 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 8, 2013; and
WHEREAS, the report, filed with the City Clerk, was available for public inspection
and review twenty (20) 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" (included as Exhibit A) 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
Resolution No. 13-039
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 flood control from 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 $ 36.00/acre
(b) The following public properties are exempt from, and shall not be assessed
the environmental fee:
2
Resolution No. 13-039
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 21St day of May, 2013, by the following vote:
Vote Members of the City Council
AYES: Mahoney, Wong, Chang, Santoro, Sinks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROV
• l//1"'
Grace Schmidt, C' Clerk Orrin Mahoney, Mayo , ity of Cupertino
3
Resolution No. 13-039
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(via drain inlets
and pipes installed for flood control) into local creeks and the San Francisco Bay. Sources of these
pollutants may include automobile exhaust and oil, pesticides, fertilizers, eroded soil, detergents,
pet waste, paint, litter and other material carried through the storm drain system, without treatment,
directly to the Bay. Many of these pollutants are hazardous to aquatic and human life.
The City of Cupertino has implemented several mandated and optional programs to mitigate this
problem. Among other activities, these programs include elimination of illegal discharges into
storm drains, street sweeping, installation of trash capture devices inside drain inlets and curb
screens to prevent litter from entering drain inlets, inspection and maintenance of storm drain
structures, public education at City events and a City and school district-wide third-grade creek
education & field trip program.
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 to meet these
requirements. 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.
4
Resolution No. 13-039
B. Estimated Expenditures
The total estimated budget to implement the required programs described above for fiscal year
2013-2014 is approximately$507,768. The breakdown of costs is estimated as follows:
Countywide Program $ 140,000
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 $ 160,000
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 $ 157,000
Administration and Ordinance Revisions
Annual 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 $ 507,000
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.
Resolution No. 13-039
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 15,671 Pei $ 12.00 $ 188,052
Commercial/Industrial/
Apartments 12 1,049.26 Ac $ 144.00 $ 151,093
Unimproved/Recreational 3 877.96 Ac $ 36.00 $ 31,606
TOTAL $ 370,751.
Each parcel has been identified and a fee established in a separate report entitled PARCEL
ASSESSMENT REPORT.
Timm Borden
Director of Public Works
5/8/13
6