CC Resolution No. 9121
RESOLUTION NO. 9121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CONDUCTING AN ANNUAL REVIEW OF THE STORM DRAINAGE
SERVICE CHARGE
The City Council of the City of Cupertino resolves as follows:
WHEREAS, the City Council 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 for 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 June 9, 1994. 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 June 1, 1994.
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 "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,
Resolution No. 9121
Page 2
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.
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 changes
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, it is hereby resolved by the City Council of the City of
Cupertino that:
1. Char~e. 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 Source Control and
Stormwater Management Program.
2. Use of Revenue, The revenue derives from said charge shall be used
solely in connection with implementing and enforcing Chapter 3.36 of the Cupertino
Municipal Code. 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 ofChar les.
(a) Annual Fees for each category of property will be assessed and
collected as follows:
Residential premises
$ 12.00/parcel
Apartment premises
$ 144.00/acre
CommerciallIndustrial premises
$ 144.00/acre
Unimproved/Recreational
$36.00/acre
(b) The following public properties are exempt from, and shall not be
assessed, the environmental fee:
The Central Fire District of Santa Clara County
The City of Cupertino
The Cupertino Union School District
The Foothill Community College District
The Fremont Union School District
The Midpeninsula Regional Park District
Resolution No. 9121
Page 3
Santa Clara County
Santa Clara County Water District
Cupertino Sanitary District
Southern Pacific Railroad Company
State of California
United States of America
4. Judicial Action to Challen~e 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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of June , 1994, by the following vote:
~
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the Ci~ Council
Bautista, Burnett, Sorensen, Dean
None
Koppel
None
APPROVED:
181 Wally Dean
Mayor, City of Cupertino
ATTEST:
181 Kim Marie Smith
City Clerk