COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

May 6, 2003

BOARD MEETING DATE:

June 10, 2003

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Amendment to Property Owner Agreements - Street Lights on Gordon Avenue - West Menlo Park Area

Recommendation

Adopt a resolution authorizing the President of the Board to execute an amendment to the agreements with individual Gordon Avenue property owners, which will authorize the County to collect a street lighting fee on the property owner's property tax bill.

Previous Board Action

Adopted Resolution No. 62460 in November of 1998, which authorized the President of the Board to execute agreements with property owners on Gordon Avenue for the installation, operation and maintenance of eight streetlights on Gordon Avenue.

Key Facts

*

The streetlights were installed and we have been annually invoicing the property owners for their share of the cost of operating and maintaining the lights.

*

Placing the annual lighting fees on the property tax bill is a more cost-effective way of collecting these annual charges.

Discussion

Thirty-three (33) property owners on Gordon Avenue submitted a petition in 1998 requesting that the County install streetlights on their street. Staff recommended and your Board approved the voluntary agreements obligating the property owners to pay a proportionate share of the annual operating and maintenance costs for the eight (8) streetlights. This method was used as the Gordon Avenue area is not within a County lighting district; and the administrative cost of annexing the area to a lighting district and establishing a mandatory fee pursuant to the provisions of the State Constitution as amended by Proposition 218, was not justified given the amount of the fee proposed to be collected ($15 - $25 per year per property owner).

We are recommending that the agreements be amended to provide that these costs be collected on the tax bill to reduce the administrative costs associated with preparing and sending invoices, receiving the payments and then processing the payments through the Department's and the County's accounting systems.

Vision Alignment

We believe our recommendation is consistent with Shared Commitment to be a "responsive, effective and collaborative government", and goal Number 7 "maintain and enhance the public safety of all residents and visitors" as the proposed amendment to the agreements will allow us to continue to provide the lighting along Gordon Avenue for the benefit of the property owners and the public, and reduce the administrative costs associated with billing for this service.

Fiscal Impact

The estimated cost of operating and maintaining the streetlights is approximately $500 per year and this cost will continue to be paid by the property owners. Three (3) property owners have not executed the amendment to the agreement and we will continue to invoice these three property owners. We are also recommending that a $15 administrative fee be considered as included in the cost of operating and maintaining the lights, and that this fee be charged only to those property owners that have not executed the agreements to help defray the cost of billing and processing their payments. We also have the option, pursuant to the original agreement, to lien their property if the invoiced bill is not paid. There is no impact to the General Fund.

A form of resolution and amendment to the original agreement has been approved by County Counsel and the amendments have been executed by 30 of the 33 property owners.