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HomeMy WebLinkAboutReso - CC - 042-2009RESOLUTION NO. 42 - 2009 RESOLUTION OF THE CITY OF BURLINGAME DECLARING THE RESULTS OF THE MAY 5, 2009 MAIL BALLOT ELECTION TO CONSIDER THE ADOPTION OF AN ANNUAL STORM DRAINAGE FEE RESOLVED, by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS, pursuant to, and in accordance with the provisions of, Article XIIID of the California Constitution (Proposition 218) the City of Burlingame held a mail ballot election on May 5, 2009 among property owners to consider the enactment of an annual storm drainage fee; and WHEREAS, the City had previously determined that the fee is a property -related fee within the meaning of and subject toTroposition 218 and the City Council had taken necessary steps to place the fee before property owners; and To: WHEREAS, property owners were presented the following ballot question: • improve, upgrade and maintain the deteriorated storm drain system • protect water quality • further reduce pollutants flowing into our creeks and San Francisco Bay • prevent street flooding that impedes residents and police/fire emergency access • improve local drainage 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 stone drains? WHEREAS, the official canvas was undertaken by the City Clerk and her deputies by hand count and was completed by the City Clerk on May 6, 2009 and was posted at City Hall; and WHEREAS, the City Clerk has certified the results to the City Council; NOW, THEREFORE, IT IS HEREBY DETERMINED and ORDERED that: 1. The City Council declares the election results of the May 5, 2009 mail ballot election to enact an annual storm drainage fee as follows: Votes Cast: 4,267 Yes Votes: 2,706 (63.41%) No Votes: 1,561 (36.58%) The fee, having received an affirmative majority vote as set forth in Article XIIID of the California Constitution, is approved and enacted.. 0711,zi /Ii-ao Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 2e -18TH' day of JanAtaryMay, 2009, by the following vote: AYES: COUNCILMEMBERS: DEAL, KEIGHRAN, NAGEL, BAYLou, o'NABONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE UAI�I<;�A City Clerk 2 RESULTS OF CITY OF BURLINGAME STORM DRAINAGE FEE MAIL BALLOT ELECTION OF MAY 5, 2009 Total Number of Votes Cast Votes For Votes Against 4267 votes 2706 (63.410/6) 1561 (36.58%) I, Mary Ellen Kearney, state and declare that I am the City Clerk of the City of Burlingame, California and I certify that the above elections results are true and correct. Dated this 6`h day of May, 2009. U/" 5�� 40�� Mary Ellen eatney, City Clerk