Pass: 2,706 / 63.4% Yes votes ...... 1,561 / 36.6% No votes

See Also: Index of all Measures

shall the City of Burlingame enact a storm drainage fee at the rate of 4.192 cents per impervious square foot, adjusted for inflation not exceeding 2% annually, with independent audits, citizen's oversight, and requiring all funds expended only on storm drains?

Impartial Analysis from Burlingame City Attorney

IMPARTIAL ANALYSIS OF THE CITY ATTORNEY CITY OF BURLINGAME STORM DRAINAGE FEE MAY 5, 2009 ELECTION

Pursuant to California Constitution Article XIII D, the Burlingame City Council has proposed the establishment of a storm drainage fee, placed on parcels of real property, to fund improvements to the City's storm drainage system. No fee can be implemented without majority approval by the owners of the effected parcels of real property which drain into the City's storm drainage system. The fee is 4.192 cents per square foot of impervious surface on a parcel.

The fee is to be used to improve, upgrade and maintain the City's deteriorated 80 year-old storm drain system; to protect water quality; to further reduce pollutants flowing into creeks and San Francisco Bay; to prevent street flooding that can impede residents and emergency access; and to improve local drainage.

Pursuant to state law, notices of the right to file a protest to the fee were mailed to the owners of impacted properties. If a majority protested the fee, the proceeding would be terminated. The public hearing was held on January 20, 2009. No majority protest was made and the City Council has brought the issue to a vote.

The storm drainage fee is calculated at 4.192 cents per square foot of impervious surface. Impervious surface is that area of a parcel of real property which does not allow storm runoff to penetrate into the ground below. Examples are concrete driveways, walkways, patios, and buildings. As parcels increase or decrease their impervious area, the fee will be increased or decreased by 4.192 cents per square foot. The City may increase the fee by an annual inflation factor not to exceed 2%. A single family home with a 6000 square foot lot will typically pay a fee of approximately $150.00 yearly. The fee can only be spent on storm drain improvements. The fee is expected to generate $2.5 million annually which is the amount necessary to fund $39 million in municipal bonds for the improvement projects over a thirty year period when the fee then automatically sunsets.

The following improvements, described in detail in Resolution No. 103-2008, are anticipated: Easton Creek-Marsten Pump Station Addition and Outfall Pipeline, Burlingame Creek Bypass Pipeline, Ralston Creek Bypass Pipeline, Terrace Creek/Laguna Area Storm Drain Improvements, Mills Creek Widening and Embankment Improvements, Bayfront Improvements, new Rollins Road Pump Station, and general City-wide upgrades.

On January 20, 2009, the City Council adopted Ordinance No. 1836 to administer the storm drainage fee if the fee is approved by the voters. Its provisions include the following: requires that the fees be placed into a storm drain fund; establishes a citizens' committee to assure that the funds are being properly used; establishes an appeal process for an owner to appeal the impervious surface calculation; authorizes collection on the County tax bill; designates the sunset provision; and adopts definitions.

Each parcel receives one vote. The fee will be established if a majority of parcel owners voting, vote in the affirmative.

A YES vote approves the fee. A NO vote rejects the fee.