COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

 

DATE:

December 3, 2009

BOARD MEETING DATE:

December 15, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Request for Municipal Service Review and Sphere of Influence Study, Pursuant to San Francisco Baykeeper Consent Decree, to Evaluate Consolidation of the Ten County Sewer Maintenance/Sanitation Districts Governed by the Board of Supervisors

 

RECOMMENDATION:

Acting as the governing board of the ten County Sewer Maintenance/Sanitation Districts, adopt a resolution requesting that the San Mateo County Local Agency Formation Commission (LAFCo) perform a municipal service review and sphere of influence study to evaluate the benefit and feasibility of consolidating all ten Sewer Maintenance/Sanitation Districts operated and maintained by the County.

 

BACKGROUND:

On August 19, 2008, San Francisco Baykeeper (Baykeeper) filed a complaint in the United States District Court in San Francisco against the Burlingame Hills Sewer Maintenance District (BHSMD) and the County of San Mateo, alleging that BHSMD had violated the Clean Water Act (CWA) by discharging pollutants (sanitary sewer overflows) without a National Pollutant Discharge Elimination System (NPDES) permit, and that the County had violated the CWA by discharging in violation of its NPDES Permit No. CA0029912, Order No. 99-059.

 

With the approval of this Board, the parties resolved this action through settlement, in order to avoid the costs and uncertainties of further litigation. On June 25, 2009, Baykeeper, the County, and the BHSMD entered into a Consent Decree, which was approved by the Court, to ensure that the BHSMD will use, implement, and improve ways, means, and methods to prevent sanitary sewer overflows.

 

DISCUSSION:

Currently, the ten Sewer Maintenance/Sanitation Districts (Districts) for which the County provides operation and maintenance services have separate budgets, maintain separate revenue sources, and pay operation and maintenance costs independently. However, all Districts share the costs for shared staff and equipment.

 

The Consent Decree mentioned above requires County staff to propose and recommend to your Board the adoption of a resolution requesting that the San Mateo LAFCo perform a municipal service review and sphere of influence study to evaluate the benefit and feasibility of consolidating all ten Districts operated and maintained by the County.

 

LAFCo is a State-mandated, independent commission with jurisdiction over the boundaries and organization of cities and special districts including annexations, detachments, incorporations, formations and dissolutions. Among the purposes of LAFCo are discouraging urban sprawl, preserving open-space and prime agricultural lands, efficiently providing government services, and encouraging the orderly formation and development of local agencies based upon local conditions and circumstances.

 

California Government Code Section 56425 requires LAFCo to update spheres of influence for cities and special districts, when requested. A sphere of influence is a plan for the boundaries of a city or district. California Government Code Section 56430 also requires that, prior to or in conjunction with sphere updates, LAFCo must prepare a municipal service review study of service provision in regards to six areas of determination concerning present and planned capacity of public facilities and adequacy of public services, including infrastructure needs or deficiencies; financial ability of agencies to provide services; status of, and opportunities for, shared facilities; accountability for service needs, including governmental structure and operational efficiencies, and any other matter related to effective or efficient service delivery.

 

LAFCo's sphere of influence and municipal service review program includes the study of each of the Districts as they relate to city spheres of influence. For example, BHSMD serves unincorporated Burlingame Hills, which is in the sphere of influence of the City of Burlingame and would be studied at the same time as the City of Burlingame. Because the municipal service review program does not include the study of consolidation of non-contiguous districts into one district as stipulated in the Consent Decree, such a study would be subject to preparation fees.

 

County Counsel has reviewed and approved the Resolution as to form.

 

Adoption of the Resolution will contribute to the Shared Vision 2025 outcome of a Collaborative Community by complying with the requirements of the Consent Decree for BHSMD and evaluating options for the Districts to further consolidate resources or provide services more collaboratively in conjunction with services provided by the adjacent cities.

 

FISCAL IMPACT:

The cost of conducting a consolidation study of the Districts is estimated not to exceed $25,000 and would be charged to the Districts proportionately based on the number of equivalent residential units of each district. Funding for this work has been allocated in the 2009-10 fiscal year budget.

 

There is no impact to the General Fund.