COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

July 25, 2003

BOARD MEETING DATE:

August 12, 2003

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Acknowledgement of Responsibility for Storm Drain Maintenance - San Mateo County Transit District Property - Colma Area

Recommendation

Adopt a resolution authorizing the President of the Board to execute an agreement with the San Mateo County Transit District (District) and the Colma Apartment Association, L.P., a California limited partnership (Developers), whereby the Developers acknowledge their responsibility for the maintenance of the storm drain that traverses the District’s property near the Colma BART Station.

Previous Board Action

Adopted the Colma BART Station Area Plan (Area Plan) in 1994.

Key Facts

1.

The Developer is currently constructing a high-density housing complex on the District’s property that is located adjacent to the Colma BART Station, in conformance with the Area Plan.

2.

A storm drain culvert has been constructed as part of the Developer’s project.

3.

The City of Daly City, which maintains drainage facilities within their corporate limits upstream of the District’s property, is concerned that flooding could occur if the drainage system across the District’s property is not maintained.

4.

To allay the City’s concerns, the Developers and the District have agreed to execute an agreement with the County to acknowledge that the Developers or their successors in interest are responsible for the maintenance of the culvert that is part of their construction.

Discussion

There are two storm drain systems that serve the Daly City area above the District’s property near the Colma BART Station: 1) a culvert across the District's property that takes local storm water and some storm water that originates in Daly City; and 2) a storm drain system in El Camino Real that takes the majority of water from the upstream watershed in Daly City and on San Bruno Mountain.

Daly City requested and we investigated transferring all the storm flow from Daly City into the culvert in El Camino Real. However, our studies concluded that the culvert through the District’s property is needed to handle some of the flow as the culvert in El Camino Real is not large enough to handle all the flow from the upstream watershed.

The culvert across the District’s property is part of a private storm drain system that is the responsibility of the property owners to maintain. The Developers and the District recognize their responsibility for the maintenance of the culvert through the District’s property, and have agreed to execute an agreement with the County to memorialize their responsibility in order to allay the City’s concerns.

Vision Statement

We believe our recommendation is consistent with Goal Number 22, “County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire County,” of the Shared Vision Commitment to be a “responsive, effective and collaborative government,” as approving the proposed resolution will allow the development to go forward in order to provide appropriate transit oriented development.

Fiscal Impact

There is no impact to the General Fund or any other fund governed by your Board by adopting the resolution as presented, as the County assumes no additional obligation by executing the proposed agreement.

A form of resolution and agreement has been approved by County Counsel and the District and the Developer have executed the agreement.