CC Resolution No. 9655-- RESOLUTION NO. 9655
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 does hereby resolve 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 of assessing an environmental 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 29, 1996. 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, 1996.
'- 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.
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 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:
1. .C21ar~. 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 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 of Charges.
(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
Commercial/Industrial premises $144.00/acrc
Unimproved/Recreational $ 36.00/acre
(b) The following public properties are exempt from, 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 Central Fire District of Santa Clara County
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
- 4. Judicial Action to Challenge 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 1st day of July, 1996 by the following vote:
Vote Members of the City Council
AYES: Chang, Dean, Sorensen, Burnett
NOES: None
ABSENT: Bautista
ABSTAIN: None
ATTEST: APPROVED:
~~~/[- Mayor, City of Cupertino