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HomeMy WebLinkAboutReso - CC - 040-2003RESOLUTION NO. 40-2002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME SUPPORTING ASSEMBLY CONSTITUTION AMENDMENT NO. 10 ADDRESSING PROPERTY -RELATED FEES FOR STORM DRAINAGE RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, increasing regulations bythe State and Federal governments for water pollution control measures compels the need to increase or establish fees for implementing these regulations that have been imposed on the general taxpayer; and WHEREAS, the California courts have decided that the California Constitution conditions the establishment or increase of a property -related fee or charge upon voter approval of the property owners of property affected by the fee or charge or a two-thirds vote of the electorate residing in the affected area, except for fees or charges for sewer, water, and refuse collection services; and WHEREAS, storm water sewerage is a utility very similar to sewer, water, and refuse collection services; and WHEREAS, Assembly Constitution Amendment No. 10 has been introduced in the California Assembly by Assemblyman Harmon to include storm water and urbanrunoffmanagement service in the exemption from this Constitutional approval for establishing or increasing a fee or charge for this service; and WHEREAS, the City/County Association of Governments of San Mateo County has expressed support for Assembly Constitution Amendment No. 10, NOW, THEREFORE, it is hereby resolved: 1. The State Legislature is urged to adopt Assembly Constitution Amendment No. 10 and place it on the ballot at an upcoming election for voter consideration. Mayor I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 7tbday of April , 2003, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: BAYLOCK, COFFEY, GALLIGAN, JANNEY, O'MARONY NOES: COUNCILMEMBER: NONE ABSENT: COUNCILMEMBER: NONE Mr / i