CC Resolution No. 19-012 Amending FY 18-19 Annual Operating Budget to Appropriate $140,500 to Public Works to Conduct a Storm Water Fee Study and Compliant Balloting ProcessRESOLUTION NO. 19-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING FY 18/19 ANNUAL OPERATING BUDGET TO APPROPRIATE
$140,500 TO PUBLIC WORKS TO CONDUCT A STORM WATER MANAGEMENT
FEE STUDY AND COMPLIANT BALLOTING PROCESS
WHEREAS, the City of Cupertino (City), a municipal corporation and general law city
duly organized and existing under and pursuant to the laws of the State of California
(City) is authorized to request proposals and to enter into contracts on its behalf and for
the benefit of the City; and
WHEREAS, in 1992 the City established, and has not modified to this date, a storm
drainage charge of $12 per residential parcel and $144 per commercial acre to fund costs
associated with City's storm drainage system; and
WHEREAS, in 1996, California voters adopted Proposition 218 which, among other
things, required voter approval of certain property related fees; and
WHEREAS, court interpretations of Proposition 218 have constrained important tools
that local governments need to manage storm water and drainage runoff due to prior
court decisions that found storm water subject to the voter-approval provisions of
Proposition 218 that apply to property-related fees; and
WHEREAS, in October 2017, the Governor of California authorized SB-231 that defined
the property-related fee of sewer to specifically include storm water fees; and
WHEREAS, the City desires to develop a long-term financial plan and new fee to pay
for storm water maintenance and pollution prevention; and
WHEREAS, the City desires to hire a contractor for professional services to conduct a
storm water management fee study in compliance with either Proposition 218 or SB-231
as may be determined the most practicable to increase storm water management fees;
and
WHEREAS, the necessary services cannot be performed by City staff due to the
information needed within the time frame and lack of expertise and resources required
for staff to comply with the public hearing, notices, and balloting process requirements
of Proposition 218 or SB-231; and
CC Resolution No. 19-012
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WHEREAS, it is anticipated that a complete storm water management fee study and
compliant balloting process will be completed by June 30, 2019.
NOW, THEREFORE, THE CUPERTINO CITY COUNCIL RESOLVES AS FOLLOWS:
1. This Resolution No. 19-012 is adopted, amending FY 18/19 Operating Budget to
appropriate $140,500 to Public Works Development Services account number
100-82-804-700-702 for the purpose of completing a storm water management fee
study compliant balloting process.
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of January 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Scharf, Chao, Paul, Sinks, Willey
None
None
None
APPROVED:
Grace Schmidt, City Clerk Steven Scharf, Mayor,
City of Cupertino
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