COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

July 10, 2007

BOARD MEETING DATE:

July 24 2007

SPECIAL NOTICE/HEARING:

Complied with Public Hearing Noticing Requirements

VOTE REQUIRED:

4/5ths

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Adoption of the 2007-08 Water Pollution Control Service Charges Report for Flood Control Zone Two - City of Pacifica

Recommendation

Acting as the governing board of the San Mateo County Flood Control District, at the conclusion of the public hearing, adopt a resolution approving the 2007-08 Water Pollution Control Service Charge Report for Flood Control Zone Two - City of Pacifica - and directing staff to file the report with the County Controller.

Vision Alignment

Commitment: Preserve and provide people with access to our environment.

Goal Number 14: Important natural resources are preserved and enhanced through environmental stewardship.

The proposed charges provides the financing for the City of Pacifica’s storm water program that helps protect water quality for the benefit of aquatic life.

Background

Previous Board Action

1.

Formed Flood Control Zone Two in 1994, at the request of the City of Pacifica, for the purpose of financing pollution control requirements of the National Pollutant Discharge Elimination System (NPDES) within Pacifica's city limits. The boundaries of Zone Two are contiguous with those of the City of Pacifica.

2.

Adopted the San Mateo County Storm Water Management Plan as the Zone Two project.

3.

Adopted Ordinance No. 03665 in 1995, at the request of the Pacifica City Council, which established the charge rates for storm water pollution control services in Flood Control Zone Two.

4.

Adopted resolutions annually which approved the Water Pollution Control Service Charges Reports for fiscal years 1995-96 through 2006-07 for Flood Control Zone Two and authorized the filing of the report with the County Controller.

5.

Set 9:30 a.m. on July 24, 2007 in your Chambers as the time and place of a public hearing on the 2007-08 Water Pollution Control Service Charges Report for Flood Control Zone Two – City of Pacifica.

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. The City Council of the City of Pacifica, as in past years, is again requesting that your Board levy charges in Zone Two to finance the City’s Community Program for NPDES. 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 ordinance adopted by your Board, established the following charges based on parcel use:

Vacant

$ 7.00

Single Family/Townhouse/Church/Condominium

$14.00

All Other

$28.00

The fees in the report have been imposed upon every parcel in Pacifica 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. These fees are an ongoing charge with no proposed increase.

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 reduce any charge in the report or overrule any or all objections.

County Counsel has advised us that since the NPDES charges are an on going charge with no increase, they are not subject to the Proposition 218 requirement of sending a separate notice to each individual property owner. Therefore we have noticed the public hearing by publishing a notice twice in a newspaper of general circulation.

A resolution adopting charges has been approved as to form by County Counsel. The form of resolution also allows the Director of Public Works to refund any overcharge resulting from data, data entry or computation errors.

Fiscal Impact

The charges will finance the City's Community Program for NPDES in the amount of $172,000. The City will reimburse the County for the costs associated with levying the charges including the per parcel charge levied by the Controller, estimated at $0.39 per parcel based on the Controller’s rate schedule as approved by your Board. There is no impact to the General Fund.