CC Resolution No. 00-209- RESOLUTION 00-209
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 concerning the method of 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 Municipal Code and filed with the City Clerk on May 24,
2000. 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 1, 2000; 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 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 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 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.
Resolut{on 00-209 Page
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 Soume 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 Commtmity College District
The Fremont Union High School District
The Midpeninsula Regional Park District
United States of America
Resolution 00-209 Page 3
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 0fits adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 17~ day of July, 2000, by the following vote:
Vote
Members of the City Council
AYES: Burnett, Chang, James, Lowenthal
NOES: None
ABSENT: Statton
ABSTAIN: None
ATTEST:
APPROVED: