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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 2 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 3