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2010041904 - Storm Water Management Budget - West Valley Sanitation District Collection ProgramIoW e of MEETING DATE: 4/19/10 ITEM NO: ,y g°~~ ~' i0s"cA~°~ COUNCIL AGENDA REPORT DATE: APRIL 7, 2010 TO: MAYOR AND TOWN COUNCIL FROM: GREG CARSON, TOWN MANAGER --~~~ SUBJECT: STORM WATER MANAGEMINT BUDGET APPROVE THE FY 2010/11 STORM WATER MANAGEMENT BUDGET AND AUTHORIZE THE WEST VALLEY SANITATION DISTRICT TO COLLECT PROGRAM RELATED FEES ON BEHALF OF THE TOWN OF LOSGATOS RECOMMENDATION: Approve the FY 2010/11 Storm Water Management Budget (Attachment 1) and authorize the West Valley Sanitation District to collect program related fees on behalf of the Town of Los Gatos. BACKGROUND: Locally, there are four programs that manage the prevention of urban runoff pollution from entering the creeks which lead to San Francisco Bay: the "Santa Clara Valley Urban Runoff Pollution Prevention Program" (SCVURPPP), the West Valley Sanitation District (WVSD), the "West Valley Clean Water Program" (WVCWP), and the Town-managed "Non-Point Source Discharge Elimination Program" (NPDES). These programs perform various functions required under the Clean Water Act, Envirolunental Protection Agency regulations and respective NPDES permits. The following background information describes the history and purpose of each of these four programs. Santa CIaJ^a Valley U~^ban Runoff Pollution P~^evention Prog~^am (SCVURPPP) SCVURPPP is made up of fifteen co-permittees, which are comprised of 13 Santa Clara County cities and towns, Santa Clara County itself, and the Santa Clara Valley Water District. ~ ` ~~~ PREPARED BY: TODD CAPURSO Director of Parks and Public Worlcs Reviewed by: ~~ ~ Assistant Town Manager wn Attorney finance Community Development Clerk Administrator N:\PPW\MANAGEMENT\COUNCIL\COUNCIL REPORTS\20~10 Reports\April 19\Storm~Water Management Budget Adoption FY 2010- .~ I l.doc PAGE 2 APRIL 7, 2010 MAYOR AND TOWN COUNCIL SUBJECT: STORM WATER MANAGEMENT BUDGET BACKGROUND (cont'd): Originally known as the Santa Clara Valley Non-point Source Pollution Control Program, it was issued a Municipal Storm Water National Pollution Discharge Elimination System permit in 1990 by the San Francisco Regional Water Quality Control Board. SCVURPPP directs its resources to the technical aspects of watershed monitoring through the assessment of specific pollutants and conditions of designated beneficial uses. In October 2001, an amendment to the NPDES permit's Provision C-3 (New and Redevelopment) was added, increasing monitoring requirements to further reduce pollutants from entering creeks and the Bay. West Valley Sanitation Dist~^ict; (WVSD) In 1994, WVSD entered into an agreemerit with the Town of Los Gatos, and the Cities of Campbell and Monte Sereno to collect a fee from property owners to fiend various activities related to the NPDES permit and storm drain management. Each year the Town and the WVSD conduct annual work that clears the storm drains of debris that would otherwise enter the creeks and the San Francisco Bay. WVSD cleans half of the Town's storm drains annually. West Valley Clean Wate~^ Pr^ag~^am (WVCWP) WVCWP is a consolidated local program under WVSD for the Town and the cities of Campbell, Monte Sereno., and Saratoga. WVCWP's purpose includes coordinating efforts of other agencies (County Fire District and County Envirorunental Health, Department) that perform NPDES inspection activities for the Town, conducting public education activities and streamlining implementation of the current NPDES permit and writing and submitting the Annual Report and Worlc Plan for the four towns/cities to the State Regional Water Quality Control Board. Town staff gathers and provides NPDES related activities to WVCWP for this annual report. WVCWP offers a unified stronger voice to represent the interests of the West Valley cities at the countywide program level and before regional bodies. Town of Los Gatos' Non-Point SouNCe Discharge Elimination System PNOgNam (NPDES) The Town's NPDES program's purpose is to prevent debris and hazardous materials from entering the storm drain system and entering creeks or the San Francisco Bay. This is accomplished by regularly sweeping streets and parking lots, clearing storm drains, ditches and culverts and disposing collected material in a safe and secure maimer. This activity includes volunteer groups who regularly pick up debris along the Los Gatos Creels Trail. Town staff tracks and reports the amount of debris collected by all these activities to WVCWP. The NPDES permit which regulates each of the four programs is under review. It had been reissued every five years since 1990 to the Town and its county-wide co-permittees. The current permit is now up for renewal. In an effort to provide consistency among all Bay Area agencies that drain stone water into the San Francisco Bay, a new NPDES permit is being issued to all 76 Bay Area agencies so all agencies follow the same guidelines. PAGE 3 APRIL 7, 2010 MAYOR AND TOWN COUNCIL SUBJECT: STORM WATER MANAGEMENT BUDGET BACKGROUND (cont'd~: The new permit, called the Municipal Regional Stormwater Permit, was implemented on October 14, 2009, and the associated NPDES permit fee was increased at that time to $9,135 annually.. It is also anticipated that the tasks and reporting requirements will increase significantly to meet more stringent standards included in the permit. This will likely require an investment of additional staff time. The full impacts of collecting and reporting the required data will be assessed over the next fiscal year. DISCUSSION: Each year, the Town and the West Valley Sanitation District cooperatively prepare an outline of the annual work plan for WVCWP and the associated budget for approval prior to the establislnnent of the annual user fees, -and. prior to the District transmitting those fees to the County for collection from the property tax roll. The property assessment fee collected from an average single-family residence remains at $20.37 per year, and is higher for commercial businesses. The fee collected from 10,673 property owners in the Town provides revenue of approximately $331,722 per .year to sustain the program. Any proposed increase in this fee could trigger requirements of Proposition 218 and would be subject to a vote or protest proceeding. This NPDES Permit is essentially an unfunded mandate which all municipalities. will have to address in the long tern as the reporting requirements are likely to continue to get more complex and detailed in future years. CONCLUSION: It is recoimnended that the Council approve the proposed FY 2010/11 Storrs Water Management Program .Budget and authorize West Valley Sanitation District to continue to collect program related fees on behalf of the Town of Los Gatos. ENVIRONMENTAL ASSESSMENTS.: No environmental assessments needed. Neither the work plan nor the fees are considered a project under CEQA. FISCAL IMPACT: For FY 2010/11, the estimated total revenue to be collected by the West Valley Sanitation District for Storm Water Program activities is $331,722. For FY 2010/11, the District is proposing to retain approximately $206,894 for management of the West Valley Clean Water Program including State permit fees and inspection activities on behalf of the Town. PAGE 4 APRIL 7, 2010 MAYOR AND TOWN COUNCIL SUBJECT: STORM WATER MANAGEMENT BUDGET FISCAL IMPACT (cont'd): The balance of these funds along with a small amount of finding collected in prior years (held in a fund on behalf of the Town) are made available to the Town to use for activities related to clean water efforts. The District provides a total of $13.5,000 to the Town that is used to fund the street sweeping program. Per the Town's Proposed FY 2010/11 budget, these funds do not hilly cover the costs of the program. The Town continues to use the Urban Runoff Program Fluid Balance to cover the difference between revenues and expenses: Descri tion: Amount Revenues from West Valley Clean Water Program Fees $135,000 Town Storm Water Program (Street Sweeping) Estimated Expenditures ($137,432) Program Expenditures Above Reimbursement Amt. 2 432 As depicted in the table above, the current level of reimbursement is not anticipated to fully the program expenditures for FY 2010/11. The Town's Urban Runoff Fm1d will be used as a funding source to cover the difference as shown below: Town Urban Runoff Program Fund Amount Estimated Beginning Fund Balance (7/01/2010)- Town Urban Runoff Fund $39,716 Estimated Use of Town Urban Runoff Program Fund Bal. FY 2010/11 $ 2 432 Estimated Ending Funding Balance (7/01/2011) 37 284 As demonstrated above there is a sufficient fund balance available in FY 2010/11 to absorb the excess of program expenditure above program reimbursements of $2,432. Attachments: 1. West Valley Clean Water Program -Municipal Budget Detail FY 10/11 Distribution: Bob Reid, Manager, West Valley Sanitation District, 100 East Sunnyoaks Avenue, Campbell, CA 95008 Kelly Carroll, Program Manager, West Valley Clean Water Program, 18041 Saratoga-Los Gatos Road, Monte Sereno, CA 95030-4299 d 3 m E- ~ ~f6 m a9 Op a ~ ~ a ». ~ 1° s 7 G ri ~ r U ~ W v T .- M 0 rn 06 O ~ D 1 a ~f/ v N rn o0 oM in 0 0 6J ~ n q ~ O ~ W M M ~ O ~ N ~ O ~ ~ i` CO ~ } p ~ LL •. 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