CC Resolution No. 98-204RESOLUTION NO. 98-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING
PROCEDURES FOR PROPOSITION 218 FEE LEVY PROCEEDINGS
(APPLICABLE ONLY UPON ANNEXATION OF IDENTIFIED PARCELS)
WHEREAS, Proposition 218 was adopted on November 6, 1996, adding Articles
XIIIC and XIIID to the California Constitution; and
WHEREAS, Articles XIIIC and XIIID of the California Constitution impose certain
procedural and substantive requirements relating to property-related fees (as defined); and
WHEREAS, the City of Cupertino has been complying with these new requirements
of the California Constitution; and
WHEREAS, some of the requirements of Proposition 218 are unclear and require
judicial interpretation or legislative implementation; and
WHEREAS, the City Council believes it to be in the best interest of the community to
record its decision regarding implementation of the provisions of Proposition 218 relating to
fees and to provide the community with a guide to those decisions and how they have been
made;
WHEREAS, the parcels on Exhibit "A" have been identified as the subject of
annexation and are therefore subject to the extension of fees;
NOW, THEREFORE, the City Council of the City of Cupertino does hereby resolve
as follows:
SECTION 1. Statement of Legislative Intent. It is the City Council's intent in
adoption this resolution to adopt fee levy proceedings which are consistent, and in
compliance with, articles XIIIC and XIIID of the California Constitution and with the
Proposition 218 Omnibus Implementation Act. It is not the intent of the City Council
to vary in any way from the requirements of articles XIIIC and XIIID or the
Proposition 218 Omnibus Act.
SECTION 2. Definition of Fee. Proposition 218 defines "fee" as any levy other
than an ad valorem tax, a special tax or an assessment, imposed by an agency upon a
parcel or upon a person as an incident of property ownership, including use fees, or
charge for a property-related service.
SECTION 3. City of Cupertino Storm Drainage Service Fee. The City of
Cupertino currently levies a storm drainage service fee on all parcels in the city. The
purpose of this levy is supported by the report of the city's public works department
which was adopted when the fee was imposed, and is noted here in summary form.
Resolution No. 98-204 Page 2
The purpose of this levy 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.
SECTION 4. Fee Levy Protest Proceedings. The following procedures shall be used
in a fee levy protest proceeding required by article XIIID, section 6 of the California
Constitution:
A. Amount of Levy and Notice. The parcels upon which the fee is proposed for
imposition shall be identified. The amount of the fee proposed to be levied
upon each parcel shall be calculated. The city shall provide written notice by
mail of the proposed fee to the record owner of each identified parcel upon
which the amount of the proposed fee is proposed for imposition, the amount
of the fee proposed to imposed upon each, the basis upon which the amount of
the proposed fee was calculated, the reason for the fee, together with the date,
time, and location of a public hearing on the proposed fee.
The record owner(s) of each parcel to be levied shall be determined
from the last equalized property tax roll. If the property tax roll
indicates more than one owner, each owner shall receive notice. Only
property owners shall receive notice.
2. The form of notice is attached to this resolution as Exhibit "B".
The notice provided in this section and in accordance with article
XIIID, section 6 of the California Constitution, shall supersede and be
in lieu of any other statutes requiring notice to levy or increase a
property related fee.
Failure of any person to receive notice shall not invalidate the
proceedings.
Resolution No. 9g-204 Page 3
B. Public Hearing.
The city will conduct a public hearing upon the proposed fee not less
than 45 days after mailing the notice of the proposed fee to the record
owners of each identified parcel upon which the fee is proposed for
imposition. At the public hearing, the city council shall consider all
protests against the proposed fee. If written protests against the
proposed fee are presented by a majority of owners of the identified
parcels, the city will not impose the fee.
At the public hearing, the city council shall hear all public testimony
regarding the proposed fee and accept written protests until the close
of the public hearing.
The city council may impose reasonable time limits on both the length
of the entire hearing and the length of each speaker's testimony.
At the conclusion of the hearing, the city clerk shall complete
calculations of the written protests, including those received during the
public hearing.
If it is not possible to tabulate the written protests that evening, or if
additional time is necessary for public testimony, the city council may
continue the public hearing to a later date to receive additional
testimony, information, or to finished tabulating the ballots.
o
If the final calculation of the written protests submitted against the
levy constitute a majority of owners of identified parcels, the city shall
not impose the fee.
In the event that the city council, after the public hearing, approves the
levy; then, in that event, said levy will only become effective upon a
majority vote of the property owners actually voting through use of a
mailed ballot.
Levy Ballot. The following procedures shall apply to the levy ballot:
The ballot required by article XIIID, section 6 of the California
Constitution shall be mailed to all property owners of record of the
identified parcels at least 45 days after the date of the public hearing
on the proposed levy.
2. The form of the ballot is attached to this resolution as Exhibit "C."
Resolution No. 98-204 Page 4
All ballots must be returned to the city clerk by mail or in person,
sealed in the envelope provided not later than the date for return of
ballots stated on the notice.
A ballot must be signed under penalty of perjury. For properties with
more than one owner of records, ballots will be accepted from each
owner of record. Each owner of record is entitled to vote. The city
clerk shall apportion the voting rights between the owners based upon
the respective record interests as the city clerk deems correct, proper,
and appropriate. However, if only one owner of record votes, the city
clerk shall tabulate that vote on behalf of the entire parcel.
A tenant of real property shall not have the power or authority to
submit a levy ballot.
Only ballots with original signatures, not photocopies, will be
accepted.
The city clerk may issue a duplicate ballot to any property owner
whose original ballot was lost or destroyed. Such ballots shall be
clearly marked as duplicate ballots and shall be accompanied by
sufficient information for the city clerk to verify the location and
ownership of the property in question and the identity of the individual
casting the ballot in order to verify its authenticity.
A levy ballot is a "public record" as that phrase is defined by the public
records act and shall be opened to public inspection immediately upon
its receipt by the city.
Tabulating Ballots. The following guidelines shall apply to tabulating levy
ballots:
The city clerk shall determine the validity of all ballots. The city clerk
shall accept as valid all ballots except those in the following
categories:
A photocopy of a ballot which does not contain an original
signature;
b. An unsigned ballot;
c. A ballot which lacks an identifiable "yes" or "no" vote;
A ballot which appears tampered with or otherwise invalid
based upon its appearance, method of delivery or other
circumstances.
Resolution No. 98-204 Page 5
The city clerk's decision, after consultation with the city attorney that a
ballot is invalid, shall be final and may not be appealed to the city
council.
A property owner's failure to receive a fee levy ballot shall not
invalidate the proceedings conducted under this section and section 6,
article XIIID of the California Constitution.
Subject to the provisions of subsection E below, the levy will become
effective upon a majority affirmative vote of the property owners
actually voting.
Effect of Annexation. Nothwithstanding any provision of this resolution to the
contrary, this levy only becomes effective upon completion of annexation
proceedings of the identified parcels to the city of Cupertino.
PASSED AND ADOPTED this 3rd day of August, 1998, by the following vote:
AYES: DEAN, JAMES,
NOES: NONE
ABSENT: BURNETT
ABSTAIN: NONE
ATTEST: ~
Attachments: Exhibit A: List of Parcels
Exhibit B: Form of Notice
STATTON, CHANG
APPROVED:~pe~ino~
Exhibit C: Form of Levy Ballot
Rancho Rinconada Annexation Parcel List &
Annual Storm Drainage Service Fee Levies
Residential Parcels
375-04-005 thru 016
375-05-001 thru 042
375-07-005 thru 044
375-07-047 thru 059
375-08-001 thru 057
375-09-001 thru 049
375-10-001 thru 061
375-11-001 thru 012
375-11-019 thru 070
375-12-001 thru 011
375-12-025 thru 044
375-13-001 thru 030
375-14-001 thru 038
375-15-001 thru 049
375-16-001 thru 059
375-17-001 thru 057
375-18-001 thru 049
375-19-001 thru 023
375-22-004 thru 100
375-22-105 thru 110
375-23-001 thru 037
375-23-039 thru 045
375-24-001 thru 031
375-25-001 thru 076
375-26-001 thru 059
375-27-001 thru 043
375-28-001 thru 041
375-29-001 thru 056
375-30-001 thru 024
375-31-001 thru 066
375-32-001 thru 059
375-33-001 thru 065
375-34-001 thru 070
375-35-001 thru 015
375-35-044 thru 064
375-36-001 thru 037
375-37-001 thru 069
375--40-040 thru 067
Fee
$12 each lot
Commercial Parcels
375-07-004 (office building)
375-07-045 (retail parking lot)
375-07-046 (shopping center)
375-11-071 (retail & office building)
Lot Size (acres)
0.14
0.43
0,85
0,43
Fee
$ 2o.16
$ 61.92
$122.4o
$ 61.92
E×~IBIT A
Vacant or Recreational Parcels
375-22-104 (Recreation center owned by
Tantau Park Recreation & Parkway District)
Lot Size (acres) Fee
0.83 $29.88
Fee-Exempt Parcels
375-06-001
(owned by Fremont Union High School District)
375-22-101
(owned by Santa Clara Valley Water District)
375-22-102
(owned by Santa Clara Valley Water District)
375-22-103
(owned by Santa Clara Valley Water District)
375-23-038
(owned by San Jose Water Works)
g:planning/miscell/rrannex3
$0
$0
$0
$0
$0
2
EXHIBIT B
City Hall,
10300 Torte Avenue
Cupertino, CA 95014-3202
Telephone: (408) 777-3223
FAX: (408) 777-3366
kimberlys~cupcnino.org
OFFICE OF THE CITY CLERK
TO:
Assessor's Parcel Number
Property Owner of Record
Property Address
FROM:
City Clerk, City of Cupertino
SUBJECT:
Storm Drain Service Fee Levy Proceeding
for the Rancho Rinconada area
The purpose of this notice is to provide you with information about the fee levy proceeding being
conducted by the City of Cupertino and its effect on real property that you own. This notice is being
sent to you in accordance with the City of Cupertino Resolution No. , and Section 6, article
XIIID of the California Constitution.
Please be advised of the following:
· The proposed levy shall only take effect upon completion of the annexation of your property
to the City of Cupertino.
· A public hearing will be held on
Avenue, Cupertino, California.
,1998, in the Council Chambers, 10300 Torre
The reason for the fee levy is to collect fees for funding the City of Cupertino's Nonpoint
Soume Pollution Program mandated by the Environmental Protection Agency (EPA).
Regulations by the EPA and the State of Califbmia 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.
Storm Drainage Service Fee Levy
EXHIBIT B
Page 2
The proposed fiscal year 1999 levy for your parcel is
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.
Devcooment Category Factor
Residential 1
Commercial/Industrial/
Apartments 12
Unimproved/Recreational 3
No. Parcels Annual Revenue
or Acre Cost/Unit Generated
12,022 Pcl
$12.00 $144,264
987.70 Ac 144.00 142,228
1,140.82 Ac 36.00 41,070
TOTAL $ 327,562
If you wish to oppose the fee levy, you must follow these procedures:
Prior to, or at the time of the public hearing, you may mail or deliver only your own written
protest to the city clerk at the location shown on the ballot. Written protests not submitted by
mail or hand delivery by the person who signed the ballot will not be accepted.
Written protests may be sent or delivered to the city clerk at anytime but MUST be received not
later than the conclusion of the public hearing on (insert date of
hearing) at (insert time of hearing) p.m. to be held at the City of Cupertino
City Council Chambers. Anytime prior to the conclusion of the public hearing, you may
withdraw your protest.
3. Only written protests with original signatures--not photocopies of signatures--will be accepted.
4. The city clerk will not accept nor tabulate a written protest:
· which is a photocopy without an original signature;
· which is unsigned;
· which lacks an identifiable "yes" or "no" vote; or
· which appears to have been tampered with or otherwise be invalid based upon its
appearance or method of delivery.
Storm Drainage Service Fee Levy
EXRIBIT B
Page 3
5. The written protest is a city public record which will be available for public inspection upon
receipt by the city clerk.
The city clerk will begin tabulating written protests prior to the public hearing. At the conclusion
of the public hearing, the city clerk will complete calculations of the written protests, including
those received during the public hearing. If the number of protests received at the hearing is such
that it is not feasible to accurately tabulate the protests that evening, the city council may continue
the meeting to a later date for the sole purpose of obtaining the final tabulation.
The City of Cupertino will not impose the fee if there is a majority protest. A majority protest
exists if, upon the conclusion of the hearing, written protests submitted in opposition to the levy
constitute a majority of owners of identified parcels.
After the public hearing, if the City Council approves the levy, it will only become effective upon
a majority vote of the property owners of the identified parcels who actually vote, and after
completion of annexation proceedings for the Rancho Rinconada area.
9. Said vote will be accomplished through a mailed ballot, and ballots will be sent to the property
owners of record.
If you have any questions, you may call the Community Development Department at (408) 777-3308,
write to the Community Development Department at 10300 Torre Avenue, Cupertino, CA, 95014, or
send e-mail to planning~cupertino.org.
Attachment A: List of property owners of record and proposed 1999 fee levies.
Fcc lcvy pub hrng notice
EXHIBIT C
Official Ballot
Rancho Rinconada Area
Assessor's Parcel Number:
Property Owner's Name:
Property Owner's Address:
Proposed Levy for this parcel beginning fiscal year 1999
Instructions for completing and delivering this ballot
· To express your view on the proposed levy check the line before the "YES" or "NO,"
then sign and date the ballot.
· After completing your ballot, mail or deliver this entire ballot to the clerk of the City
of Cupertino at 10300 Torte Avenue, Cupertino.
· Ballots may be sent or delivered to the clerk at any time, but MUST be received not
later than the conclusion of the public hearing on the proposed levy set for
(30 days after mailing of ballots),
PLEASE EXPRESS YOUR VIEW BY MARKING AND SIGNING BELOW
__ Yes, I approve the proposed levy described above for the parcel identified in this ballot
upon annexation to the City of Cupertino.
__ No, I do not approve the proposed levy described above for the parcel identified in this
ballot.
I hereby declare under penalty of perjury that I am a record owner of the parcel listed above.
Signature of Record Owner
Date
Assessment ballot