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HomeMy WebLinkAboutReso - CC - 101-2008RESOLUTION NO. 101-2008 RESOLUTION OF THE CITY OF BURLINGAME SCHEDULING TUESDAY, JANUARY 20, 2009 FOR A PROTEST HEARING UNDER CALIFORNIA CONSTITUTION ARTICLE XIIID (PROPOSITION 218) STORM DRAINAGE FEE RESOLVED by the CITY COUNCIL OF THE CITY OF BURLINGAME that: WHEREAS, Proposition 218 (Articles XIII C and XM D of the California Constitution) requires the City to comply with the substantive and procedural requirements set forth in Section 6 of Article XIII D of the California Constitution prior to imposing or increasing a fee or charge upon any parcel of property or upon any person as an incident of property ownership; and WHEREAS, Article XIII D requires the City to notice the record owner of the parcel upon which the fee or charge is proposed to be imposed; and WHEREAS, THE City Council wishes to schedule a protest hearing to consider a storm drainage fee; NOW, THEREFORE, IT IS RESOLVED AND ORDERED that: 1. A protest hearing is scheduled for Tuesday, January 20, 2009, at 7:00 p.m. in the Council Chambers at 501 Primrose Road, Burlingame, CA. Notice shall be provided as required by law in substantially the form attached hereto. 3. The City Council finds that this activity is not a project and therefore is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines Section 15060(c)(3). I, Doris Mortensen, 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 1 st day of December, 2008, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHEAN, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: -DEPY TI CITY CLERK I. Hearina Notice This notice is to inform each record owner of property within the City of Burlingame, that the City Council will hold a public hearing on a proposed Storm Drainage Fee for properties within the City of Burlingame ("City"). NOTICE IS HEREBY GIVEN that this public hearing will be held on January 20, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, 501 Primrose Road, Burlingame, California. The public hearing is being held in accordance with Article XIII D of the California Constitution (Proposition 218) and procedures adopted by the City Council on December 1, 2008. The adopted procedures may be accessed on the City's website at www.burlingame.org/stormdrains. At the public hearing, the City Council shall consider all objections and protests, if any, to the proposed storm drainage fee and proposed ordinance related thereto. Any interested person shall be permitted to present written and oral testimony regarding these matters. The City Council may impose reasonable time limits on both the length of the entire public hearing and the length of each interested person's oral testimony. The City Council may also continue the public hearing from time to time. Property owners who wish to protest the proposed fee must follow the procedure outlined in Section II below. II. Protest Procedure Any owner of real property subject to the fee may object to the establishment of the fees and/or the amount of the fees by filing with the City Clerk, on or before the time set for the public hearing, a written protest, containing a legible signature of such property owner, identification of the property by address or assessor's parcel number, and statement of the property owner's protest of the fee. Electronic mailings (emails) will not be accepted. Any property owner may appear and testify at the public hearing, but only a written protest that meets the requirements set forth in this paragraph will be counted as a valid protest. If the party signing the protest is not shown on the latest assessment roll of the County of San Mateo as an owner of the parcel, the protest must contain or be accompanied by, written evidence that party signing the protest is the owner of the parcel or an authorized representative of the owner(s) of that parcel. Protests must be mailed or personally delivered to: City Clerk, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010. For the City Council to consider a written protest, the protest must be received by the City Clerk no later than the conclusion of the public testimony portion of the public hearing on January 20, 2009. Postmarks will not be accepted. If a written majority protest of the property owners subject to the proposed fee exists, the City Council shall not impose the proposed storm drainage fee and shall abandon the current proceedings to establish the fee and ordinance. If the City Clerk does not receive written protests from a majority of the property owners subject to the proposed fee, the City Council may authorize a mail ballot election on the question of whether to approve the proposed fee. If the mail ballot election is authorized, ballots will be mailed to all property owners whose parcels are subject to the fee. III. Fee Information The City's storm drain system is 80 years old and cannot support the City's storm drainage needs. The system has deteriorated and is significantly deficient in capacity resulting in widespread flooding causing pollution of the creeks and the San Francisco Bay, blockage of emergency access routes and property damage. To address these issues, the City has developed a storm drainage master plan that identified $39 million of capital improvements to the system. These upgrades will protect water quality by further reducing the flow of trash and pollutants into the creeks and Bay and prevent street flooding that impedes residents and police/fire emergency access. The City currently does not have dedicated source of funding to address these issues and is proposing a storm drainage fee for all properties within the City that NOTICE OF PUBLIC HEARING REGARDING A PROPOSED 4IV4, IN THE CITY OF BURLINGAME I. Hearina Notice This notice is to inform each record owner of property within the City of Burlingame, that the City Council will hold a public hearing on a proposed Storm Drainage Fee for properties within the City of Burlingame ("City"). NOTICE IS HEREBY GIVEN that this public hearing will be held on January 20, 2009 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers, 501 Primrose Road, Burlingame, California. The public hearing is being held in accordance with Article XIII D of the California Constitution (Proposition 218) and procedures adopted by the City Council on December 1, 2008. The adopted procedures may be accessed on the City's website at www.burlingame.org/stormdrains. At the public hearing, the City Council shall consider all objections and protests, if any, to the proposed storm drainage fee and proposed ordinance related thereto. Any interested person shall be permitted to present written and oral testimony regarding these matters. The City Council may impose reasonable time limits on both the length of the entire public hearing and the length of each interested person's oral testimony. The City Council may also continue the public hearing from time to time. Property owners who wish to protest the proposed fee must follow the procedure outlined in Section II below. II. Protest Procedure Any owner of real property subject to the fee may object to the establishment of the fees and/or the amount of the fees by filing with the City Clerk, on or before the time set for the public hearing, a written protest, containing a legible signature of such property owner, identification of the property by address or assessor's parcel number, and statement of the property owner's protest of the fee. Electronic mailings (emails) will not be accepted. Any property owner may appear and testify at the public hearing, but only a written protest that meets the requirements set forth in this paragraph will be counted as a valid protest. If the party signing the protest is not shown on the latest assessment roll of the County of San Mateo as an owner of the parcel, the protest must contain or be accompanied by, written evidence that party signing the protest is the owner of the parcel or an authorized representative of the owner(s) of that parcel. Protests must be mailed or personally delivered to: City Clerk, City of Burlingame, 501 Primrose Road, Burlingame, CA 94010. For the City Council to consider a written protest, the protest must be received by the City Clerk no later than the conclusion of the public testimony portion of the public hearing on January 20, 2009. Postmarks will not be accepted. If a written majority protest of the property owners subject to the proposed fee exists, the City Council shall not impose the proposed storm drainage fee and shall abandon the current proceedings to establish the fee and ordinance. If the City Clerk does not receive written protests from a majority of the property owners subject to the proposed fee, the City Council may authorize a mail ballot election on the question of whether to approve the proposed fee. If the mail ballot election is authorized, ballots will be mailed to all property owners whose parcels are subject to the fee. III. Fee Information The City's storm drain system is 80 years old and cannot support the City's storm drainage needs. The system has deteriorated and is significantly deficient in capacity resulting in widespread flooding causing pollution of the creeks and the San Francisco Bay, blockage of emergency access routes and property damage. To address these issues, the City has developed a storm drainage master plan that identified $39 million of capital improvements to the system. These upgrades will protect water quality by further reducing the flow of trash and pollutants into the creeks and Bay and prevent street flooding that impedes residents and police/fire emergency access. The City currently does not have dedicated source of funding to address these issues and is proposing a storm drainage fee for all properties within the City that drain into the storm drain system. The fee for each property will be based on the amount of storm water each property contributes to the storm drain system. The City has performed a Storm Drain Fee Study and has prepared Engineer's Report that details the proposed fee for all properties within the City. The Engineer's Report is filed and available for review at the Office of the City Clerk at the City Hall. A summary of the annual fee calculations is provided in the following section. Enclosed with this notice is a list of capital improvements projects proposed to be funded with the storm drainage fee ("Attachment A") along with a reference map. IV. Summary of the Proposed Fee Calculations Since all developed properties drain to the City's storm drain system, it is proposed that by City Ordinance an annual fee be levied and collected on the County tax rolls, in an amount proportional to each parcel's "fair share" of the annual costs to finance the upgrade, improvement, and renovation, including maintenance and operation of the improvements, of the City's storm drain system. It has been determined that each parcel's "fair share" is directly proportional to the amount of storm runoff contributed by that parcel, and this storm runoff is directly proportional to the impervious area calculated for each parcel. (Impervious areas generally include but are not limited to concrete, asphalt pavement or concrete paver walkways, patios or driveways; playing surfaces such as tennis or basketball courts; pools and pool decks; roof tops, tool sheds, carports and patio covers). The City of Burlingame has seventeen (17) different zoning designations for the various types of properties and developments. These designations include 5 residential, 4 commercial, 3 Anza area (Bay front area), and 5 miscellaneous designations. Nearly 90% of the parcels are within the residential designations. The amount of the storm drainage fee for each individual parcel shall be computed as follows: The total square footage of the parcel shall be multiplied by the percentage of impervious area applicable to the parcel based on the parcel's zoning designation. The resulting number shall be multiplied by the per square foot impervious surface rate (4.2 cents per square foot), in order to calculate the parcel's specific fee for the fiscal year. This annual rate per square foot of impervious surface may be adjusted by an inflation factor not to exceed 2% annually. When the impervious area of a parcel is increased or decreased, the annual fee amount shall be adjusted for the fiscal year next succeeding the change in impervious surface. The Engineer's Report studied the amount of impervious area on parcels within each of the zoning designations. It was determined that the residential parcels up to 10,000 square feet have an impervious area of 60% of parcel size and somewhat less impervious area as parcel size is increased. Commercial parcels have 90%-95% impervious area of their parcel size. The fee for condominiums is based on each condominium's percentage of the total square footage of the condominium complex. The vast majority of parcels in the City of Burlingame are classified as R1 Single Family Residential. For these residential properties the annual fee is based on the per square foot impervious surface rate described above, which represents a fee rate of approximately 2.5 cents per square foot of the parcel's total lot size. The proposed storm drain fee for your parcel is based on the fee calculations summarized above as detailed in the Engineer's Report and is shown on the enclosed information sheet identified as "Attachment B". If you have any question regarding this notice, please contact Art Morimoto, Assistant Public Works Director at (650)558-7230 or email at amorimoto(Mburlingame.orq. Your 2009 Parcel Fee for is on Attachment B. Please Review the Attachment. CAPITAL IMPROVEMENTS ATTACHMENT A CITY OF BURLINGAME PROJECTS TO BE FUNDED DRAIN FEE BY THE PROPOSED STORM 1. Easton Creek - Marsten Pump Station addition and Outfall pipeline project Easton Creek is the largest watershed area in the City that carries stormwater from the Hillside residential areas and industrial area north of Broadway. The creek is deficient in capacity and results in severe flooding of the residential and industrial areas during a moderate rainstorm and medium to high tides. The flooding causes property damage and the closure of major roadways such as California Drive and EI Camino Real which serve as emergency access roads. The project consists of building a new pump station at the existing Marsten pump station site and installation of a 66" diameter discharge pipeline which parallels Easton Creek and outfalls to the San Francisco Bay. In addition, the project includes construction of trash/debris collection chambers to prevent pollutants escaping into the Bay. The project will alleviate the chronic flooding in the area and would provide unimpeded emergency access for Public Safety Services such as Fire Department and Police Department. 2. Burlingame Creek bypass pipeline project Burlingame Creek carries stormwater from the Hillside residential area and the Burlingame Avenue commercial area to the Bay. The existing creek system consists of pipelines, box culverts and open channels. The system is deteriorated and severely deficient in capacity resulting in flooding in the residential and the business area. The project consists of constructing a new bypass pipeline/box culvert parallel to the existing system to provide additional capacity to minimize flooding in the area. In addition, the project consists of installing catch basin systems with grates to intercept trash/litter from flowing into the system. 3. Ralston Creek bypass pipeline project Ralston Creek serves both the Hillside and flat residential areas of the City. Due to several restrictions and deficient size of the system, the residential and commercial areas along California Drive are subjected to flooding during a moderate rain storm resulting in property damage as well as blockage of emergency access. The project consists of improvements to the area collection system including installation of catch basins and curb & gutter. The project will facilitate efficient collection of stormwater into the pipelines, alleviate flooding and improve the water quality. 4. Terrace Creek/ Laguna Area Storm Drainage Improvements project Terrace Creek carries water from the Hillside residential area of the City via flat lands to the Bay. During a normal storm event coupled with medium to high tides, the low lying areas of the water shed experience flooding and closure of roadways as the existing system is deteriorated and undersized to carry the stormwater. Also, there is no pumping system available to transport the stormwater to the Bay during high tides. The project consists of installing a box culvert system in the Laguna Area with a new pump station and a discharge pipeline to the San Francisco Bay which will significantly reduce the flooding and keep the emergency access open during the storm events. 5. Mills Creek widening and embankment Improvements project Mills Creek serves the Hillside residential area and part of Rollins Road industrial area. The watershed area experiences frequent flooding during moderate rain storms due to undersized box culverts under Rollins Road and U.S. Highway 101. In addition, the low elevation of the creek embankment causes overtopping of the creek during moderate rain storm events. The project consists of installation of a box culvert at Rollins Road and under U.S. Highway 101 as well as widening of the creek and raising its embankments. In addition, a debris basin will be included as part of the project to intercept the pollutants before they enter into the San Francisco Bay. 6. Bayfront improvements including EI Portal, Trousdale and Gilbreth Creek rehabilitation project Many portions of the Bayfront Area commercial and industrial properties are low in elevation and experience severe flooding during moderate rain storm coupled with medium to high tides. The storm drain system in the area consists of aged and corroded metal pipes in severe structural condition that do not have adequate capacity. In addition the concrete lining of creeks in the area is in severe structural condition. The project consists of rehabilitation of 60 inch and 72 inch diameter transmission pipelines, repairs to the concrete creek linings, and raising of the creek embankments to reduce flooding and provide the additional capacity needed to convey stormwater to the San Francisco Bay. 7. New Rollins Road Pump Station, debris basin, and pipeline system project The residential and commercial areas along the Rollins Road do not have an adequate drainage system. The area is subjected to widespread flooding during moderate rain storms. The project consists of installing new pipelines, catch basins and a new pump station with debris basin and a discharge pipeline to the San Francisco Bay under U.S. Highway 101. This will significantly alleviate flooding of the area. 8. Citywide storm drainage and water quality improvements (replacement of failed metal pipelines, curb & gutter and catch basin improvements) Citywide, there is approximately 10,000 feet of 8 inch to 24 inch diameter deteriorated pipeline. The pipe system is so severely damaged/collapsed and undersized that it results in flooding and standing water which causes damage to the street infrastructure. The project consists of replacing the deteriorated pipeline and collection system including installation of new catch basins, curb and gutter and debris basin to intercept the pollutants. The project will improve the ability to collect the stormwater and reduce flooding damage to the streets. 9. Rehabilitation of deteriorated bridge and culvert structures under roadways The City maintains approximately 30 bridges and culverts that were constructed in the 1930's. Most of these structures are in need of rehabilitation in order to keep them from further deterioration and continue to function safely. The project consists of performing repairs to the bridges and culverts as well as rehabilitating the roadway above the structures to provide public safety. 10. Upgrade Storm Drainage Pump Stations The existing storm drainage pump stations at Rollins Road, Marsten Road and Cowan Road were constructed over forty years ago and need to be rehabilitated. The pumps, and electrical and mechanical equipment have expended their design life and need to be replaced. The proper functioning of these pump stations is critical to keep the City from flooding during rain storms and tidal conditions. The project consists of upgrading the pump stations, including installation of new backup generators, electrical/mechanical equipment and plumbing as well as installation of debris interception devices. The total estimated cost for the above projects is approximately $39 million. cn-8zc �m0m A�o� Oy�W m ti y y C O D NCA Z O �I v n n c m m m m v m m y (n D = O A 0 n m N m m 0 (n m n 9 T^ 0 �0 acvDm cA rm z 3mm,n(n, , = 9 Z m? m �ay� m Z a A A m 1 0 09p� m v ? z "0. 2 m A mAm w n m u 7u O < m S m N 0O V T N 090 M OUC m z r -I U) /Z� v Y/ r W D zgm < m m 0 M c m Z x0 1 r- < 0 m O g O m D D ATTACHMENT B *""THIS IS NOT A BILL*** CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 FIRST—OWNER SECOND—OWNER MAILING—ADDRESS CITY, STATE ZIP The following information identifies your property's Assessor's Parcel Number (APN), the property address (if available), and the related parcel information used to calculate this parcel's proposed annual storm drainage fee. Assessor's Parcel Number (APN): Property Address: Parcel's Total Lot Size: Parcel's Impervious Area: <APN> <Situs Address> <Lot_Size> square feet <Applied_Area> square feet As outlined in the enclosed notice, the proposed annual storm drainage fee for each parcel is based on a per square foot imperious surface area at a rate of 4.192 cents per square foot. Using this rate, and the imperious area identified above, the proposed annual storm drainage fee for this parcel is $<Amount> per year. If the City's proposed storm drainage fee is approved and adopted, your parcel's calculated annual fee of $<Amount> will appear for the first time on your 2009/2010 property tax bill. The proposed fee rate of 4.192 cents per imperious square foot and this parcel's calculated fee are subject to an annual inflationary adjustment that shall not exceed 2% per year. Please Note: The ownership and mailing information for this parcel was obtained from the San Mateo County Assessor's Office Secured Assessment Roll. If this information is incorrect, please contact the San Mateo County Assessor's Office at (650) 363-4500.