CC Resolution No. 8948A
RESOLUTION NO. 8948A
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO CONDUCTING AN ANNUAL
REVIEW OF THE STORM DRAINAGE SERVICE
CHARGE.
The City Council of the City of Cupertino Resolves as follows:
WHEREAS, The City Council has previously enacted Ordinance Code Chapter
3.36 for the purpose of meeting the City's federally mandated nonpoint source control and
stonnwater management program and establishing the authority for imposing and charging
a Stonn Drainage SelVice Charge; and
WHEREAS, a report concerning the method for 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 Ordinance Code and filed with the City
Clerk on July 21, 1993. The report, entitled "Engineer's Report, Assessment of Fees for
Stonn Drainage Purposes Nonpoint Source Pollution Program," was prepared by the
Director of Public Works and is dated July 21, 1993; and
WHEREAS, this study 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 detennines as
follows:
1. After considering the report entitled "Assessment of Fees for Stonn 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 stonn drainage selVice
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
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program and without the availability of such Stonn Drainage Service Charge the City's
getieral 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.
5. It is further determined that each and every parcel of land contained in said
report will, and has, received a benefit of the stonn drainage system and that the changes
imposed herein on each such parcel ate in conformity with the benefits that such parcel has
received as further described in the report.
NOW, THEREFORE, it is hereby resolved by the City Council of the City of
Cupertino that:
I. Chanze. 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 derives ftom said charge shall be used solely in
connection with implementing and enforcing Chapter 3.36 of the Cupertino Municipal
Code. The revenue derived fTom'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 ofChanzes.
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(a) Annual fees for each category of property will be assessed and collected
as follows:
Residential premises
$12.00/parcel
Apartment premises
$144.OOIacre
CommerciaVlndustrial premises
$144.OOIacre
Vacant premises
$36.OOIacre
(b) The following public properties are exempt horn, and shall not be
assessed, the environmental fee:
The Central Fire District of Santa Clara County
The City of Cupertino
The Cupertino Union School District
The Foothill Community College District
The Fremont Union School District
The Midpeninsula Regional Park District
Santa Clara County
Santa Clara Valley Water District
Cupertino Sanitary District
Southern Pacific Railroad Company
State ofCalifomia
United States of America
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4. Judicial Action to Challemze 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 17th day of AUI!ust , 1993, by the following vote:
Vote
Members of the Citv Council
AYES:
Dean, Goldman, Koppel, Sorensen, Szabo
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
ATIEST:
/s/ Kim M. Smith
City Clerk
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