CC Resolution No. 19-096 Accepting Tabulation Results for 2019 Clean Water Storm Protection Fee, Property-Related Fee Conforming Article XIII D, Section 6 of California Constitution, Adopting Ordinance Adding Chapter 3.38 of Municipal Code to Establish RESOLUTION NO. 19-096
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ACCEPTING THE TABULATION RESULTS 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,
ADOPTING THE ORDINANCE ADDING CHAPTER 3.38 OF THE MUNICIPAL
CODE TO ESTABLISH THE CLEAN WATER AND STORM PROTECTION FEE,
AND ORDERING THE LEVY OF THE FEE FOR FISCAL YEAR 2019-20
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 pursuant
to 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 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, on May 7, 2019 the City Council adopted Resolution 19-041 finding
that a majority protest did not exist and directing a property owner ballot proceeding for
the 2019 Clean Water and Storm Protection Fee; and
WHEREAS, on May 20, 2019 a ballot and information guide were mailed to every
owner of property that would be subject to the proposed 2019 Clean Water and Storm
Protection Fee; and
WHEREAS, the balloting period for the proposed 2019 Clean Water and Storm
Protection Fee closed on July 5 at 5:00 p.m.; and
Resolution No. 19-096
Page 2
WHEREAS, the tabulation of the ballots is complete;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
SECTION 1. Tabulation of the Ballots. For each valid ballot, each property subject to the
proposed fee counted as one vote. Property owners with more than one property could
have up to 14 properties listed on a ballot, with each property counting as one vote,
resulting in more than one vote for that ballot. Therefore, since some ballots contained
more than one vote, the total number of valid votes (5,038) is larger than the total number
of valid ballots (4,714). The canvass of the fee ballots submitted by property owners, has
been computer-tabulated as shown in the attached Results Summary Report, is complete,
and certified by the City Clerk, and the votes cast are as follows:
Total Number of Valid Ballots Processed: 4,714
Total Number of Valid Votes: 5,038
Total Number of Valid "Yes" Ballots Processed: 2,430
Total Number of "Yes" Votes Processed: 2,577
Total Percentage of "Yes" Votes Processed: 51.15%
Total Number of Valid "No" Ballots Processed: 2,284
Total Number of "No" Votes Processed: 2,461
Total Percentage of "No" Votes Processed: 48.85%
Total Number of "Invalid" Ballots Processed: 34
Total Number of"Invalid" Votes Processed: 37
SECTION 2. Invalid Ballots. 4,748 fee ballots were returned and received prior to the
close of the balloting period on July 5, 2019. This represents a 30.76% ballot return rate
on the 15,435 ballots mailed. Of the fee ballots returned, 34 ballots were declared
invalid, in that they were either not marked with a "Yes" or "No", were marked with
both a "Yes" and a "No," were not signed, or the property ownership and barcode
information was illegible.
SECTION 3. Ballots Results. As determined by ballots cast, 51.15% of the votes cast by
property owners were m support of the measure. Since a majority protest, as defined by
Article XIII D of the California Constitution, did not exist, this Council thereby acquired
jurisdiction to order the levy of the 2019 Clean Water and Storm Protection Fee, and the
Ordinance adding Chapter 3.38 of the Municipal Code to establish the Clean Water and
Storm Protection Fee is hereby adopted.
Resolution No. 19-096
Page 3
SECTION 4. Findings. The City Council finds that the 2019 Clean Water and Storm
Protection Fee is being implemented in compliance with the requirements of Proposition
218, as codified in Article XIII D of the California Constitution. Based on the oral and
documentary evidence,including the 2019 Clean Water and Storm Protection Fee Report,
received by the Council, the Council expressly finds and determines that it is in the best
interest of the City and the public to order the fee to be levied.
SECTION 5. Ordering of the Levies. The Council hereby orders the fees for fiscal year
2019-20 shall be levied at the rates specified in the 2019 Clean Water and Storm Protection
Fee Report.
J
SECTION 6. CPI. The authorized maximum fee amount to be levied in future fiscal years
shall be increased annually based on the San Francisco-Oakland-Hayward Consumer
Price Index for All Urban Consumers (CPI), not to exceed 3% per year. The fee amount
charged in any year cannot exceed the cost to provide the clean water and storm
protection services and improvements.
SECTION 7. Filing this Resolution. Shortly after the adoption of this Resolution, but in
no event later than August 10 following such adoption, the City Clerk shall file a certified
copy of this Resolution and a fee levy roll with the Auditor of Santa Clara County ,
("County Auditor'). Upon such filing, the County Auditor shall enter on the County
assessment roll opposite each lot or parcel of land the amount of fee thereupon as shown
in the levy roll. The fees shall be collected at the same time and in the same manner as
County taxes are collected and all laws providing for the collection and enforcement of
County taxes shall apply to the collection and enforcement of the fees.After collection by
the County, the net amount of the fees, after deduction of any compensation due the
County for collection, shall be paid to the City of Cupertino. t
SECTION 8. Corrections. The 2019 Clean Water and Storm Protection Fee, as it applies
to any parcel, may be corrected, cancelled or a refund granted as appropriate, by order
of the City Council or its designee, by a determination from the City Council or its
designee that the fee for that parcel should be revised to be consistent with the fee method
established in the Fee Report. Any such corrections, cancellations or refunds shall be
limited to the current fiscal year in which the correction, cancellation or refund was
requested. j
i
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Quality Act of 1970, together with related State CEQA
Guidelines (collectively, "CEQA") because it has no potential for resulting in physical
change in the environment.In the event that this Resolution is found to be a project under
Resolution No. 19-096
Page 4
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3)because it can be seen.with certainty that there is no possibility that the action
approved may have a significant effect on the environment. CEQA applies only to
projects which have the potential for resulting in a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance, levying the Clean Water and Storm Protection Fee would have no or
f
only a de minimis impact on the environment. The foregoing determination is made by
the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 161h day of Tuly, 2019, by the following vote:
Vote Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNE : �---
Steven Scharf,Mayor Dat
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Date
Results Summary Report
Percentage of"YES"ballots: 51.15 %
Percentage of"NO"ballots: 48.85 %
Total valid ballots proccessed: 4714
Total number of votes 5038.00
Total valid"YES"ballots: 2430
Total number of"YES"votes: 2577,00
Total valid"NO"ballots: 2284
Total number of"NO"votes: 2461.00
Total"INVALID"ballots: 34
Total number of°INVALID"votes: 3T00
Page 1 07108119