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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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County Manager's Office
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DATE:
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September 6, 2001
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BOARD MEETING DATE:
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September 25, 2001
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TO:
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Honorable Board of Supervisors
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FROM:
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Paul T. Scannell, Assistant County Manager
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SUBJECT:
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Filing Fee for Petitions to Vacate County Streets, Highways and Public Service Easements
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Recommendation
Adopt a Resolution increasing the maximum filing fee for petitions to vacate County streets, highways and public service easements to $5,680 effective upon adoption of the resolution and provide for increases in the filing fee on September 1, 2002 and September 1, 2003.
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Background
Section 8321 of the Streets and Highways Code permits property owners to petition the Board of Supervisors to vacate County streets, highways and other types of easements or rights-of-way. The same section authorizes the Board to require a filing fee from the petitioners to defray from the actual cost of processing the vacations including the cost of required investigations, mailings, publications and postings. There is no maximum filing fee prescribed by law. Property owners who want the County to vacate an easement or right-of-way initiate the procedure by presenting the County with a petition signed by 10 property owners (5 signatures for a public service easement).
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If a vacation actually costs less than the maximum filing fee under State law the petitioner is entitled to a refund. If the cost exceeds the filing fee, the excess is borne by the department having jurisdiction over the right-of-way, usually Public Works or Real Property Services. The costs involved in each vacation are tracked, and an accounting can be provided to the petitioners or any interested County department upon request.
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The County's current filing fee for vacations is $5,515. The last increase approved by the Board was in 1998. A portion of this amount, $1,476 is transferred to the Planning Department for its General Plan Conformity application fee. The balance covers the cost of staff time in processing the petition.
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Discussion
A vacation is for the benefit of the property owners; however, if the County's cost of processing exceeds the filing fee an additional fee cannot be requested. If the cost of County staff exceeds the filing fee, the excess is borne by the General Fund. The current fees are generally sufficient to cover the cost of staff time but, to avoid the periodic shortfall, it is recommended that the fee be increased. If a vacation is not approved by the Board, the petitioner is still responsible for the County's processing cost, up to the maximum filing fee.
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It is recommended that the maximum filing fee be increased to $5,680. It is also recommended that the maximum filing fee be increased to $5,850 on September 1, 2002 and to $6,025 on September 1, 2003, to allow for the increases in staff labor rates and General Plan conformity fees.
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Fiscal Impact
An increased maximum filing fee would cover the processing costs of most vacations thereby reducing County costs. If the actual costs are less than the filing fee, the excess is refundable to the petitioner.
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