CC Resolution No. 9365
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RESOLUTION NO. 9365
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 Cou:ncil has previously enacted municipal code Chapter
3.36 for the purpose of meeting the City's federally mandated nonpoint source control
and stonnwater management program and establishing the authority for imposing and
charging a Stonn Drainage Service Charge; and
WHEREAS, a report concerning the method for assessing an enviromnental fee
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 31,1995. The report, entitled "Engineer's Report, Assessment of Fees for Stonn
Drainage Purposes Nonpoint Source Pollution Program", was prepared by the Director of
Public Works and is dated May 31, 1995,
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 fmds and detennines as
follows:
1. After considering the report entitled "Engineer's Report, Assessment of
Fees for Stonn 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 stonn 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 Stonn 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 reference report,
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RESOLUTION NO, 9365
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 ofland 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, BE IT 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 Progran¡.
2, Use of Revenue. The revenue derived fÌom 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¡¡es.
(a) Annual fees for each category of property will be assessed and
collected as follows:
Residential premises
Apartment premises
CommerciallIndustrial premises
Unimproved/Recreational
$ 12,OO/parcel
$ 144,OO/acre
$ I 44,OO/acre
$36.00/acre
(b) The following public properties are exempt fÌom, and shall not be
assessed the environmental fee:
Cupertino Sanitary District
Santa Clara County
Santa Clara County Water District
Southern Pacific Railroad Company
State of California
The Central Fire District of Santa Clara County
The City of Cupertino
The Cupertino Union School District
The Foothill-DeAnza Community College District
The Fremònt Union High School District
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RESOLUTION NO, 9365
The Midpeninsula Regional Park District
United States of America
4, Judicial Action to Challen¡¡e this Resolution. Any judicial action or
proceeding to challenge, review, set aside, void, or aruml 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 19th day of June , 1995, by the following vote:
YQ1!: Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Bautista, Sorensen, Burnett
None
Koppel, Dean
None
APPROVED:
/s/ Don Burnett
Vice Mayor, City of Cupertino
ATTEST:
/s/ Kimberlv Smith
City Clerk
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