COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

June 24, 2002

BOARD MEETING DATE:

July 9, 2002

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Adoption of the 2002-2003 Water Pollution Control Service Charges Report for Flood Control Zone One - County Wide

Recommendation

Acting as the governing board of the San Mateo County Flood Control District, adopt a resolution setting the time and place for a public hearing on the approval of charges in Flood Control Zone One for Fiscal Year 2002-2003, for the purpose of carrying out storm water pollution control services as mandated by the Federal Clean Water Act and the State Regional Water Quality Control Board.

Previous Board Action

1.

Formed Flood Control Zone One in 1993, for the purpose of carrying out pollution control requirements of the National Pollution Discharge Elimination System (NPDES). The boundaries of Zone One are contiguous with those of the County.

2.

Adopted as the Zone One project, the San Mateo County Storm Water Management Plan, 1998-2003, and authorized the City/County Association of Governments (C/CAG) to assume responsibility for the county-wide compliance with the NPDES requirements through the Plan.

3.

Adopted Ordinance No. 03662 in 1995, at the request of C/CAG, that set charge rates for storm water pollution control services in Flood Control Zone One.

4.

Adopted Ordinance No. 04054 in 2001, at the request of C/CAG, which imposed additional fees for complying with additional storm water pollution control requirements mandated by the California Regional Water Quality Control Board. The additional fees were adopted pursuant to the majority protest provisions set forth in Proposition 218.

Key Facts

1.

The San Mateo County Flood Control Act provides that service charges may be placed upon the tax roll.

2.

C/CAG has requested that we continue the Zone One charge rates, including the additional fees approved in 2001, to finance this coming year's general NPDES program.

3.

Setting the public hearing is the first step in levying charge for the coming fiscal year

Discussion

The Storm Water Management Plan, 1998-2003, comprises the basis of a National Pollution Discharge Elimination System (NPDES) municipal permit issued by the State of California Regional Water Quality Control Board. C/CAG is again requesting that your Board levy charges in Zone One to finance the General Program. The General Program consists of the five following components:

Municipal Government Maintenance Activities

Industrial and Illicit Discharge Controls

Public Information

New Development and Construction Controls; and

Watershed Monitoring

which focus on the intent of the Clean Water Act and the Regional Water Control Board mandates of removing pollutants before they can enter receiving bodies of water. The per parcel charge is comprised of two charges as follows:

Parcel Description

Rate Established Prior to Proposition 218

Rates Established After Proposition 218

Total Rate

Single Family Resident

$3.44/Parcel

$2.48/Parcel

$5.92/Parcel

Condominium Units, Vacant Land, Agriculture, Misc.

$1.72/Parcel

$1.24/Parcel

$2.96/Parcel

Commercial, Retail, Manufacturing, Industrial

$3.44/Parcel plus $0.3127/1,000 s.f. for parcels over 11,000 s.f.

$2.48/Parcel plus $0.2240/1,000 s.f. for parcels over 11,000 s.f.

$5.92/Parcel plus $0.5367/1,000 s.f. for parcels over 11,000 s.f.

The fees are imposed upon every parcel on the assessor's roll except for parcels owned by local, State and Federal governments, and public school districts, or where cities have determined to finance the charges by other means. Separately taxed improvements, such as mobile homes and underground utility improvements, have also been exempted.

The purpose of the public hearing on this report is to allow your Board to hear and consider any and all objections or protests to the amount of the individual charges. Your Board, after the close of the hearing, may adopt the charges as presented or modify any charge in the report or overrule any or all objections.

All the cities except Woodside and Brisbane, have in the past, adopted resolutions formally endorsing the proposed program, the charge rates and the charges to be imposed within their respective jurisdictions prior to your Board holding a public hearing on the charges. C/CAG bills Woodside directly for its share of costs based on the above rate structure. Brisbane, in the past, has requested that the Flood Control District collect only the original fee and not the additional fees established in 2001, and C/CAG also bills Brisbane directly for the additional fee component.

County Counsel has advised that the sending of individual notices to each individual property owner is not required. Therefore we are recommending that we give notice of the public hearing by publishing a notice twice in a newspaper of general circulation.

Vision Alignment

We believe out recommendation is consistent with the Shared Commitment of a "responsive, effective and collaborative government," and Goal Number 22, "County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire County," as the C/CAG Stormwater Pollution Prevention Program enables the County and all cities to implement a coordinated countywide program to comply with the pollution control requirements mandated by the Regional Water Quality Control Board.

Fiscal Impact

The proposed rates are estimated to generate $1,340,000 in revenue that will be used to finance the General Program and reimburse the County for the costs associated with levying the charges, including the $0.60 per parcel levied by the Controller for listing the two charges on the tax bill. There is no impact to the General Fund.

A form of resolution has been approved by County Counsel.