CC Resolution No. 19-041 Finding Majority Protest does not Exist and Directing Property Owner Ballot Proceeding City's 2019 Clean Water Storm Protection Fee, Property-Related Fee Conforming to Article XIII D, Section 6 California RESOLUTION NO. 19-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO FINDING
THAT A MAJORITY PROTEST DOES NOT EXIST AND DIRECTING A PROPERTY
OWNER BALLOT PROCEEDING FOR THE CITY'S 2019 CLEAN WATER AND
STORM PROTECTION FEE, A PROPERTY-RELATED FEE CONFORMING TO
ARTICLE XIII D, SECTION 6 OF THE CALIFORNIA CONSTITUTION
WHEREAS, on March 5, 2019, the City Council of the City of Cupertino adopted
Resolution 19-022 initiating proceedings to obtain approval of the proposed new 2019
Clean Water and Storm Protection Fee ("fee"),which is a property related fee conforming
to Article XIII D, Section 6 of the California Constitution; approving the Fee Report for
the 2019 Clean Water and Storm Protection Fee ("Fee Report," dated February 2019); and
setting a public hearing before the City Council on May 7, 2019 in the City Council
Chambers at 10350 Torre Avenue, Cupertino, CA 95014 at 6:45 pm to consider all
property owner protests to the proposed fee; and
WHEREAS, on March 5, 2019, the City Council of the City of Cupertino adopted
Resolution 19-023 adopting ballot procedures applicable to the proposed fee pursuantto
Article XIIID, Section 6(c) of the California Constitution; and
WHEREAS, pursuant to the provisions of Article XIII D of the California
Constitution, the City has provided 45-day written mailed notice to each record owner of
parcels of real property subject to the 2019 Clean Water and Storm Protection Fee of a
public hearing, which was held at a regular meeting of the City Council on May 7, 2019
at 6:30 pm in the City Council Chambers on the issue of whether the proposed property
related fee should be levied and collected as proposed in the Fee Report for Fiscal Year
2019-20; and
WHEREAS, the mailed notice of the public hearing contained the following
information: (a) the total amount of fee proposed to be levied for fiscal year 2019-20; (b)
the fee chargeable to each owner's parcel; (c) the reason for the 2019 Clean Water and
Storm Protection Fee; (d) the basis upon which the amount of the proposed 2019 Clean
Water and Storm Protection Fee was calculated; (e) the date, time and place of the public
hearing as specified in this resolution; and (f) a summary of the effect of a majority
protest.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
CC Resolution No. 19-041
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SECTION 1. Tabulation of the Written Protests. The tabulation of written protests by
the City Clerk is complete. A total of 25_written protests have been submitted representing .15%
of the 16,602 identified parcels subject to the 2019 Clean Water and Storm Protection Fee.
Therefore,the City Council hereby finds that a majority protest does not exist as defined in
Section 6(a)(2) of Article XIIID of the California Constitution and Sections 53755(b) and (d) of the
California Government Code with respect to the proposed Clean Water and Storm Protection
Fee
SECTION 2. Voter Approval for the 2019 Clean Water and Storm Protection Fee.
Pursuant to the provisions of Article XIII D, Section 6(c) of the California Constitution,
the City of Cupertino shall conduct a ballot proceeding to obtain property owner
approval of the 2019 Clean Water and Storm Protection Fee consistent with the
procedures described in Resolution No. 19-023.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of May by the following vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
Grace Schmidt, City Clerk S Steven Scharf, Mayor, City of Cupertino
Resolution No. 2019-041 2