Portola Valley: Town assumes payment of storm-water runoff fees Portola Valley: Town assumes payment of storm-water runoff fees (May 19, 2004)

By David Boyce
Almanac Staff Writer

To avoid potential fines of up to $35,000 a day, the Town Council of Portola Valley -- on a 3-1 vote -- agreed at its May 12 meeting to nearly triple the town's annual payment to the county to help fund a program that monitors storm-water runoff for pesticides and heavy metal pollutants, including copper, nickel and mercury.

As a result, residents' property tax bills will decrease slightly.

Residents pay a fee to the San Mateo County Flood Control District -- part of the state's water quality program -- to manage storm-water runoff. Last year, the district raised the fee to pay for increasingly expensive mitigation efforts, said Town Administrator Angela Howard.

Cities and towns have the authority to tack such fee increases onto residents' tax bills -- as Portola Valley did last year -- but such actions may run afoul of state Proposition 218, approved by voters in 1996, which requires voter approval of property-related fees.

From now on, the town will pay the fee increase from its general fund, Ms. Howard said. For Portola Valley, the new charges will add about $5,500 to its annual expense of about $3,000.

Councilmen Ed Davis and Richard Merk said they opposed the payment on the grounds that it is another unfunded mandate from the state, but only Mr. Merk voted against it. Calling the fee "extortion" and "blackmail," Mr. Merk said: "I just can't support this kind of activity from the state."

"I 100 percent agree with you," said Mr. Davis before he voted. "This is extortion." But the fines for not paying it are rather steep, said Mayor George Comstock. "That's the gun to the head," replied Mr. Davis.

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