CITY COUNCIL STAFF REPORT
Meeting: June 6, 2023
Subject
Consider a second reading and act on Ordinance No. 23-xxxx “An Ordinance of the City Council of the City of Cupertino amending City Code 9.18 relating to Stormwater Pollution Prevention and Watershed Protection.” Recommended Action
Conduct a second reading and enact Ordinance no. 23-xxxx “An Ordinance of the City Council of the City of Cupertino amending City Code 9.18 relating to Stormwater Pollution Prevention and Watershed Protection.” Reasons for Recommendation
On May 16, 2023, the City Council conducted the first reading of Ordinance No. 23-2248. The City Council also voted unanimously to adopt the resolution. The amended language updates the ordinance to remove referenced standards from the MRP that will be outdated beginning July 1, 2023. This ordinance revision will update the CMC to ensure compliance with the latest MRP. While the terms of the MRP became effective July 1, 2022, there are new requirements which go into effect on July 1, that required edits to the municipal code. With the second reading occurring on June 6, the official effective date would be July 6, 2023. Existing language in Chapter 9.15 states that “All requirements in the Municipal Regional Permit are required and enforceable by the City,” ensuring ongoing compliance.
Two questions were raised during the first reading that did not cause adjustment to the ordinance language:
Concern over removal of the definition of “bio-retention area.” The separate definition was removed because where it is used in the ordinance is self-defining with a qualifier (“bio-retention areas such as rain gardens”) and further description is readily available in the permit itself.
Concern over addition of language specifying that bulky items should not be placed in the City’s right of way. The concern with the added language was how to place bulky items out for collection by Recology and ensure the items are being placed in compliance with the code language. Currently, residents are instructed by Recology to place such items on private property with the intention of keeping them off sidewalks and out of the street. Because property types vary widely (e.g., monolithic sidewalk vs properties with a park strip, or no sidewalk, etc.), the broader language allows staff to analyze each situation and make determinations based on the general discretion allowed for in code enforcement. While the added language about the right of way doesn’t place the City in or out of compliance with the MRP, it gives staff some firmer ground if needed to deal with piles of debris. In practice, staff works with people through informing and educating. The language remained as written and was approved by Council.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act (CEQA)
The proposed ordinance amendments are exempt from CEQA under CEQA Guidelines section 15301 (operation of an existing program) and section 15308 (actions by regulatory agencies for the protection of the environment). _____________________________________
Prepared by: Ursula Syrova, Environmental Programs Manager Reviewed by: Chad Mosley, Interim Director of Public Works Reviewed by: Matt Morley, Assistant City Manager
Approved for Submission by: Pamela Wu, City Manager
Attachment:
A – Draft Ordinance