CC Resolution No. 05-102
RESOLUTION NO. 05-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
CONDUCTING AN ANNUAL REVIEW OF THE STORM DRAINAGE
SERVICE CHARGE
WHEREAS, the City Council of the City of Cupertino 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 of 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 May 24, 2005. 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 May 24,2005; and
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 "Engineer's Report, 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.
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.
Resolution No. 05-102
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 charges 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:
I. Charge. 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 derived rrom 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 of Charges.
(a) Annual fees for each category of property will be assessed and collected as follows:
Residential premises
Apartment premises
CommerciaVIndustrial premises
Unirnproved/Recreational
$ 12.00/parcel
$ 144.00/acre
$ 144.00/acre
$ 36.00/acre
(b) The following public properties are exempt rrom, and shall not be assessed the
environmental fee:
Cupertino Sanitary District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific Transportation Company
State of California
The Santa Clara County Fire Department
The City of Cupertino
The Cupertino Union School District
The Foothill-De Anza Community College District
The Fremont Union High School District
The Midpeninsula Regional Park District
United States of America
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Resolution No. 05-102
4. Judicial Action to Challenge this Resolution. Any judicial action or proceeding to
challenge, review, set aside, void, or annul this resolution shall be broug):J.t within 120 days trom the
date of its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino
this 21 st day of June, 2005, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Kwok, Sandoval, Wang, James
None
Lowenthal
None
ATTEST:
¿0%k~/~0~
City Clerk
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