COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

June 8, 2005

BOARD MEETING DATE:

June 28, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Setting of a Hearing to Consider Adoption of the 2005-2006 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 to consider the charges in Flood Control Zone One for Fiscal Year 2005-2006, which are for the purpose of financing the storm water pollution control services program as required by the California Regional Water Quality Control Board (9:15 a.m., Tuesday, July 26, 2005).

 

Vision Alignment

Commitment: Responsive, effective and collaborative government.

Goal 22: County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire County.

 

The proposed charges will allow the County and all the cities in the County to implement a coordinated countywide program through the City County Association of Governments’ (C/CAG) Stormwater Pollution Prevention Program that complies with the pollution control requirements mandated by the California Regional Water Quality Control Board.

 

Background

Previous Board Action

1.

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

   

2.

Adopted as the Zone project the San Mateo County Storm Water Management Plan and authorized C/CAG to assume responsibility for the Countywide 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 storm water pollution control requirements mandated by the California Regional Water Quality Control Board.

 

History

The Storm Water Management Plan is the basis of a NPDES municipal permit issued by the State of California Regional Water Quality Control Board. C/CAG, as in past years, is again requesting that your Board levy charges in Zone One to finance the General Program. The San Mateo County Flood Control Act provides that service charges may be placed upon the tax roll after the charges are considered at a noticed public hearing.

 

Discussion

The proposed rates are based on property use and the average square-foot area of properties within the use classification and are as follows:

 

Parcel Description

Rate Established in 1993

Additional Fee Rate*

Total Rate if Combined

 

Single Family Resident

$3.44/Parcel

$2.62/Parcel

$6.06/Parcel

       

Condominium Units, Vacant Land, Agriculture, Misc.

$1.72/Parcel

$1.30/Parcel

$3.02/Parcel

 

Commercial, Retail, Manufacturing, Industrial

$3.44/Parcel plus $0.32/1,000 s.f. for parcels over 11,000 s.f.

$2.62/Parcel plus $0.24/1,000 s.f. for parcels over 11,000 s.f.

$6.06/Parcel plus $0.56/1,000 s.f. for parcels over 11,000 s.f.

 

*

The additional fee component has been adjusted by the change in the Consumer Price Index as provided for in the County Ordinance Code.

 

The charges are imposed in the cities that have requested that they be levied in their jurisdiction, upon every parcel on the assessor's roll except for parcels owned by local, State and Federal governments, and public school districts. Separately taxed improvements, such as mobile homes and underground utility improvements, have also been exempted. We are also recommending that the fees be imposed on property within the unincorporated area.

 

We anticipate that all cities except Woodside, Portola Valley, Colma, Brisbane and San Mateo will have passed resolutions formally endorsing the rates and charges to be imposed within their respective jurisdictions, prior to your Board holding a public hearing on the charges. C/CAG will bill Woodside directly on the basis of the above rate structure. Portola Valley, Colma, Brisbane and San Mateo are requesting that the Flood Control District collect only the Basic Fees as originally approved in 1995, and not the Additional Fees approved in 2001. C/CAG will also bill these cities directly for the additional fee component. We will report to your Board at the public hearing and verify that supporting resolutions have been received.

 

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.

 

County Counsel has advised us that the NPDES charges are on going charges that were previously approved pursuant to an individually noticed public hearing and therefore are not subject to the Proposition 218 requirement of sending a separate notice to each individual property owner. Therefore we are recommending that we notice the public hearing by publishing a notice twice in a newspaper of general circulation.

 

A resolution setting the time and date of the public hearing has been approved as to form by County Counsel.

 

Fiscal Impact

There is no fiscal impact associated with setting the public hearing. However, the charges, if approved, are estimated to generate $1,388,456 in revenue that will be used to finance the General Program and reimburse the County for the costs associated with levying the charges. These costs include the per parcel charge levied by the Controller, estimated at $0.30 per parcel, based on the Controller’s rate schedule as approved by your Board. There is no impact to the General Fund.