CC Resolution No. 03-121RESOLUTION NO. 03-121
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 conceming the method of assessing an environmental fee to fund
the City's nonpoint soume 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 20, 2003.
The 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 19, 2003; and
WHEREAS, this study was available for public inspection and review ten (10) days prior
to this public heating; 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 heating, 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, which the City Council hereby approves and herein incorporates such study.
Resolution No. 03-121
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 Charge."
3. Schedule of Charges.
(a) Annual fees for each category of property will be assessed and collected as
follows:
Residential premises
Apartment premises
Commercial/Industrial premises
Unimproved/Recreational
$ 12.00/parcel
$144.00/acre
$144.00/acre
$ 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
2
Resolution No. 03-121
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 16th day of June 2003, by the following vote:
Vote
Members of the City Council
AYES: Chang, James, Sandoval
NOES: None
ABSENT: Kwok, Lowenthal
ABSTAIN: None
ATTEST:
City Clerk ~r
VED:
~y , 'y - p " '~
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.
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 2003-2004 is $355,000. The breakdown of costs is outlined as follows:
Countywide Program
Regional Monitoring
Permit Fees
Public Education & Public Awareness
BMP Manuals
Program Management
$ 86,000
Operations and Maintenance
Street Sweeping and Catch Basin Cleaning
$ 123,000
City Public Education Awareness
Public Outreach
Printed Materials
Creek Education
$ 55,000
Local Programs
Administration
Fee Collection
Illicit Connection and Illegal Dumping
Industrial Inspection
New Development and Construction
91,000
C. Revenue And Assessment
TOTAL $ 355,000
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 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.
Deveopment Categotw Factor
Residential 1
Commercial/Industrial/
Apartments 12
Unimproved/Recreational 3
No. Parcels Annual Revenue
or Acre. Cost/Unit Generated
14,524 Pcl $12.00 $174,288
1,030.84 Ac 144.00 148,441
916.95 Ac 36.00 33,010
TOTAL $ 355,739
Each parcel has been identified and a fee established in a separate report emitled
PARCEL ASSESSMENT REPORT.
5/19/03
Ralph A. Qualls, Jr.
Director of Public Works