COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

October 25, 2005

BOARD MEETING DATE:

November 8, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Sewer Service for Two Properties in the Unincorporated Area Near San Carlos - Lands of Gronsky

Recommendation

1)

Acting as the Governing Board of the Scenic Heights County Sanitation District (Scenic), adopt:

a)

a resolution of application to the Local Agency Formation Commission (LAFCO) for approval to extend sewer service outside Scenic’s boundaries to serve the developed properties of Russell Gronsky (Owner) at 1508 and 1510 Edgewood Road which are served by a single failing septic system; and

b)

a resolution authorizing the President of the Board to execute an agreement with the Owner, which provides for maintenance and treatment of sewage from Owner’s developed property, conditioned on LAFCO’s approval of said extended sewer service as described above, and the execution of the four party agreement that provides that the Owner’s property can receive sewer service through the Hassler Sewer Line with sewage treatment provided by the City of San Carlos.

2)

Acting as the Governing Board of the County, Scenic and the Emerald Lake Heights Sewer Maintenance District, adopt a resolution authorizing the President of the Board to execute an amendment to the four party agreement with the City of San Carlos, conditioned on LAFCO’s approval of said extended sewer service, and to execute an agreement with the Owner as described above.

Vision Alignment

Commitment: Ensure basic health and safety for all.

Goal 7: Maintain and enhance the public safety for all residents and visitors.

Your Board authorizing said application and execution of agreements, can result in effective sanitary sewer service to parcels in a suburban area that are currently using an “on-site” method to handle wastewater, which is failing and which could have an impact on neighboring residents.

Background

Previous Board Action

Acting as the Governing Board of the County, Scenic and the Emerald Lake Heights Sewer Maintenance District (Emerald Heights), entered into a four party agreement with the City of San Carlos (City) for the transport and treatment of wastewater that is collected in the Hassler Sewer Line that is owned by Scenic, from property owned by the County (Cordilleras Center), from property within the boundaries of Scenic and Emerald Heights, from property within the corporate limits of the City of San Carlos, and from other properties that have been allowed to connect due to failing septic systems.

History

The Office of Environmental Health has determined that the single septic system that serves both properties of the Owner is failing, does not believe the system can be brought up to current standards, and based on the proximity of a public sewer system to the properties, cannot be issued a repair permit. Environmental Health is recommending connection of the properties to a sewer system.

The Owner has negotiated with the City of San Carlos (City) and the City, by a separate agreement with the Owner, has provided wastewater treatment capacity for the Owner’s property. However, the Owner’s properties are not contiguous to the corporate limits of San Carlos and therefore said properties cannot be annexed to the City for the direct provision of City sewer service at this time.

The Owner contacted us and requested sewer service and was notified that Scenic has a “zero” sphere of influence as established by LAFCO. Therefore, expanding Scenic’s boundaries to include Owner’s properties through the LAFCO process is highly unlikely. However, Section 56133 of the Government Code specifies that LAFCO may authorize a District to extend sewer service outside its boundaries in response to an existing or impending threat to the public health or safety.

Sewer service to the property would be via the Hassler Sewer Line that is owned and operated by Scenic. The four party agreement that describes the properties being served through the Hassler Sewer Line must also be amended to include Owner’s property.

Discussion

Three separate actions remain to be taken in order to provide sewer service to the Owner’s property:

a)

Application and approval by LAFCO to allow Scenic to provide services outside its boundary;

b)

Execution of an amendment to the four party agreement to include Owner’s property as an area to be served by the Hassler Line; and

c)

Execution of an agreement with the Owner that provides that the owner will pay the necessary connection fees and annual fees for the sewer service to be provided.

We are recommending that your Board adopt the resolutions that will facilitate these actions contingent on LAFCO’s approval.

Resolutions and agreements have been approved as to form by County Counsel and San Carlos has indicated that they will execute an amendment to the four party agreement if it is approved by your Board.

Fiscal Impact

The Owner will be required to pay the following fees per parcel and to reimburse Scenic for all non-reimbursable expenses incurred by Scenic in developing agreements, investigating alternatives and reviewing and checking proposed plans as a condition of obtaining said connections:

Application Fee to LAFCO ($1,045 or $522.10 per parcel

$522.50

Connection Fee adjusted for the payment to the City of San Carlos for Sewer Treatment Capacity

$1,562.00

Sewer Lateral Inspection

$100.00

Scenic expenses estimated at $500 per parcel

$500.00

Deposit to insure Owner complies with the District’s conditions

$100.00

Total Per Parcel

$ 2,784.50

The property owner will also be required to pay the yearly sewer service charge, currently $376 per connection, to Scenic until such time as the properties are annexed to the City.

There is no impact to the General Fund.