CC Resolution No. 8527
RESOLUTION NO. 8527
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO ESTABLISHING AN EN-
VIRONMENTAL MANAGEMENT ACCOUNT FEE FOR
ALL IMPROVED PROPERTIES AND VACANT
PARCELS WITHIN THE CITY
The City Council of the City of Cupertino Resolves
as follows:
WHEREAS, The City Council has adopted Ordinance No.
1571 adding Chapter 9.18 to the Cupertino Municipal
Code for the purpose of meeting the City's federally
mandated nonpoint source control and stormwater manage-
ment program and establishing the authority for imposing
and charging an Environmental Management Account Fee;
and
WHEREAS, a report concerning the method for assess-
ing an environmental fee to fund the City's nonpoint
source program was conducted, and said report sets forth
the relationship between the environmental fee and the
cost of the City's nonpoint source control and storm-
water management program. The report, entitled "Non-
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point Source Program Assessment Fees", was prepared by
the Director of Public Works, and is dated August 20,
1991; and
WHEREAS, this study was available for public inspec-
tion and review ten (10) days prior to this public hear-
ing; and
WHEREAS, the City Council of the City of Cupertino
finds as follows:
1. In order to implement the Nonpoint Source Con-
trol and Stormwater Management Program federally man-
dated pursuant to the Clean Water Act and in accord with
the California Water Code, Division 7 and the City's
National Pollution Discharge Elimination System permit
issued by the California Regional Water Quality Control
Board, San Francisco Bay Region, certain environmental
management funds must be established and maintained.
The City Council has determined that an Environmental
Management Account is needed to be established and main-
tained in order to finance the City's Nonpoint Source
Control and Stormwater Management Program. In establish-
ing the fee described in the following sections, the
City Council has found this fee to be consistent with
the City of Cupertino's ordinances.
2. The purpose of this fee is to establish an En-
vironmental Management Account within the City's budget
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for funding the City's Nonpoint Source Control and Storm-
water Management Program.
3. The Environmental Management Account fees col-
lected pursuant to this Resolution shall be used only
for financing the City's Nonpoint Source Control and
Stormwater Management Program as described in Chapter
9.18 of the Cupertino Municipal Code.
4. After considering the report entitled "Nonpoint
Source Pollution Assessment Fees" and the testimony re-
ceived at this public hearing, the City Council hereby
approves the report and herein incorporates it.
5. There is a need in the City for the establish-
ment of an Environmental Management Account 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 pro-
gram and without the availability of such Environmental
Management Account the City's general fund will be de-
pleted.
6. 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 be-
tween the fee's use and the properties which are to be
charged this fee. These relationships or nexuses are
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described in more detail in the above-referenced report.
7. 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.
NOW, THEREFORE, it is hereby resolved by the City
Council of the City of Cupertino that:
1. Fee. An Environmental Management Account fee
shall 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 Fee. The fee shall be used solely in
connection with implementing and enforcing Chapter 9.18
of the Cupertino Municipal Code, entitled "Nonpoint
Source Pollution."
3. Schedule of Fees.
(a) Annual fees for each category of property
will be assessed and collected as follows:
Single-family parcels $ 8.00/parcel
Townhouses $ 4.00/unit
Commercial/Industrial
Apartments $96.00/acre
Vacant parcels $24.00/acre
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(b) Private utility companies shall pay on
their properties based on commercial/industrial or
vacant, as the case may be.
(c) The following public properties are exempt
from, and shall not be assessed, the environmental fee:
Central Fire
City of Cupertino
Cupertino Union School District
Foothill Community College
Fremont Union High School
Midpeninsula Regional Park District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific
State of California
United States Post Office
4. Fee Review. On or about the beginning of each
fiscal year the City Council shall review the amount of
fees generated, the estimated cost of the City's Non-
point Source Control and Stormwater Management Program
and may modify, by resolution, the amounts of such fees.
5. 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.
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Cupertino this 21st day of October ,
1991 by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Goldman, Rogers, Sorensen, Szabo, Koppel
None
None
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Dorothy Cornelius
City Clerk
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