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Item 26 Staff Report Public Hearing Related to the 1993-94 Storm Water Management Program (Non-Point Source) Proposed Budget and Assessment Fee IncreaseTOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: April 1, 1993 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: COUNCIL AGENDA DATE: 4/5/93 ITEM NO. PUBLIC HEARING RELATED TO THE 1993-94 STORM WATER MANAGEMENT PROGRAM (NON -POINT SOURCE) PROPOSED BUDGET AND ASSESSMENT FEE INCREASE RECOMMENDATION: Approve the proposed 1993-94 Storm Water Management "Program" Budget and Assessment Fee Increase. BACKGROUND: In April 1992 the Town entered into an agreement with the West Valley Sanitation District (WVSD) to assess fees and provide certain services related to the program. The joint program (TOWN/WVSD) has proven to be extremely effective as detailed in the "Mid Year Report" presented to the Council on March 15, 1993. DISCUSSION: Each year the Town and the WVSD cooperatively prepare an annual work plan (Attachment 1) for approval prior to establishing the annual user fees. Staff is requesting a fee assessment increase to cover Town costs for street sweeping and dead animal pick up. Staff has been working with the WVSD and other participating cities for several months developing the proposed fee increase to include street sweeping and dead animal pick-up. In a surprise letter (Attachment 2) of March 25, 1993, the WVSD concluded that ". . . adding these activities to the storm drain program would over burden our personnel ..." In the 1992-93 work program there already exists shared responsibilities and individual responsibilities. The participating municipalities are ready and willing to operate the street sweeping and dead animal programs as an "individual responsibility" and not burden the WVSD for any program management. In the proposed 1993- 94 work plan, all line item amounts related to street sweeping and dead animals pickup are shown as Town projects (Attachment 1). It is within program objectives to increase the storm water management fees and not burden the WVSD with any additional responsibilities. (Continued on Page 2) PREPARED BY: SCOTT R. BAKER Director of Building and Engineering Services SRB:lkj 4/1/93 1:49 pm L34\cnclrpts\nonpoint.bld File # ATTACHMENTS: (See Page 3 for list of Attachments) DISTRIBUTION: (See Page 3 for distribution list) Reviewed by: Attorney V Clerk v`�7ance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: PUBLIC HEARING RELATED TO THE 1993-94 STORM WATER MANAGEMENT PROGRAM (NON -POINT SOURCE) PROPOSED BUDGET AND ASSESSMENT FEE INCREASE March 31, 1993 Summary of assessment increase and program funding: 1992 - 93 1993 - 94 1993 - 94 1993 - 94 Total assessment Proposed Total Assessment Proposed New Programs Street Cleaning Dead Animal Pickup Proposed Increases to Existing Programs Contingency Various Programs Total Increase $150,000 290,000 $140,000 $112,000 20,000 4,500 3,500 Storm Water Management Assessment fees may only be spent on program eligible items. Legal counsel for the WVSD has determined that street sweeping and dead animal pick up are related to the objectives of the program. During the past year, the State Regional Water Quality Control Board (RWQCB) has continued to interpret requirements of the Federal Clean Water Act and to require that local agencies increase their efforts to comply with those requirements. These increased requirements together with locally identified service needs are the basis for the proposed 1993-94 budget as recommended by staff and included as Attachment 1. Campbell, Monte Sereno, and Saratoga are also considering similar program changes. The major modifications to the 1993-94 program budget are: 1. Increased emphasis on location and elimination of illicit connections to the storm sewer system. 2. Increased response to illegal dumping of materials into the storm sewer system with emphasis on education and enforcement. 3. Addition of funds for repair or revisions to existing storm sewer system. 4. Addition of street sweeping as an activity to be funded by assessment fee and performed by the Town. This activity is essential to an effective storm water pollution prevention program because it prevents large amounts of material such as brake lining deposits from washing into the storm drain system through curb inlets. 5. Addition of animal pick-up and disposal services by individual Town/City or joint agreement. This service was formerly provided by Santa Clara County until terminated in September of 1992. The service will need to demonstrate that it is cost effective during 1993-94 or alternative service delivery methods will be considered for subsequent years. In 1992-93 a single family residence paid an assessment fee of $8.99 per year. The same single family residence would pay $17.43 per year in 1993-94 (Attachment 3 - Chart of rates and uses). All uses other than single family residential are based on square footage and land use. Because the program funds are collected as a part of the sewer fees, the WVSD will hold the public hearings. The WVSC has scheduled the first hearing date for April 28, 1993 (Attachment 4 - Adoption Schedule). Council action is required at this time to allow time for recomputing the assessment fee on each Town parcel and preparing the reports for the WVSD public hearing. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: PUBLIC HEARING RELATED TO THE 1993-94 STORM WATER MANAGEMENT PROGRAM (NON -POINT SOURCE) PROPOSED BUDGET AND ASSESSMENT FEE INCREASE March 31, 1993 CONCLUSION: Staff recommends that Council approve the proposed fee increase and budget. The program meets the objectives of Federal Clean Water Act and reduces environmental pollution from non -point sources. FISCAL IMPACT: Staff will submit to Council detailed program accounting following WVSD completion of second public hearing (late may 1993). ENVIRONMENTAL ASSESSMENT: Is a project as defined under CEQA but is statutorily exempt under Section 15301. A Notice of Exemption will not be filed. ATTACHMENTS: 1. 1993-94 proposed work plan/budget 2. 1993-94 fee summary 3. 1993-94 adoption schedule DISTRIBUTION: Eric Morley, Los Gatos -Saratoga Board of Realtors, 20454 Blauer Dr., Saratoga, CA 95070 Bill Gissler, Manager/Engineer, West Valley Sanitation District, 100 East Sunnyoaks Avenue, Campbell, CA 95008 Bill Helms, Deputy Public Works Director, City of Campbell, 70 North First Street, Campbell, CA 95008 STORM WATER MANAGEMENT PROGRAM TOWN OF LOS GATOS/WEST VALLEY SANITATION DISTRICT FISCAL 1993-94 BUDGET ACTIVITY WVSD TOWN A. PROGRAM DEVELOPMENT/ADMINISTRATION 1. Work Program and Budget 3,000 1,000 . Develop annual work program and budget 1,000 • Perform benefit cost spread 2,000 • Administer program by W.V.S.D. 1,500 • Administer program by Town 6,000 2,500 2. Information management program (mapping, database development) 2,000 2,500 Enter on -going operation and maintenance information into mapping program 2,000 500 • Complete storm drainage map 1,000 • Collect and organize field data for system date 5,000 3,000 base 3. Ordinance, regulations, Best Management Practices (BMP's) 2,500 1,000 • Prepare and upgrade necessary storm water management ordinances regulations and BMP's 2,500 1,000 4. Storm water management plan 1,000 500 • Review and modify Town of Los Gatos storm water management plan in accordance with guidelines established by Regional Water Quality Control Board 1,000 500 5. Reporting, Record Keeping and Participation 1,000 • Prepare reports for submittal to program 3,000 500 Participate in management committee meetings 3,000 500 . Participate in sub -committee meetings and workshops 36,000 • Pay annual program participation fee 6,000 38,500 1 ATTACHMENT 1 2 PERMITS/ENFORCEMENT/INSPECTION/INVESTIGATIONS 1. Illicit connections 9,000 800 • Direct field activities to locate and eliminate 2,000 200 ▪ Prepare and maintain records of all locations and eliminations 11,000 1,000 6,000 2,000 4,000 1,000 10,000 3,000 2. Illegal dumping incidents Respond to reports of illegal dumping in accordance with Town Standard Procedural Document • Enforce BMP's, ordinances and regulations 3. Notice of Intent (NOI) 500 100 ▪ Sort, review and file 500 100 • Develop data base 1,000 200 4. Industrial permit 500 • Determine non -respondent list from program staff 500 • Develop priority ranking of non -respondents 500 ▪ Develop methodology for contact 1,500 • Contact all non -respondents 500 200 • Direct enforcement efforts 2,500 200 5. Storm Water Pollution Prevention Plans (SWPP) of existing facilities 500 600 • Develop criteria and priorities for review 500 • Review SWPP's of all industrial uses 1,000 • Inspect facilities for compliance 500 500 • Prepare appropriate records for system database and reporting 2,500 1,100 3 C. PUBLIC EDUCATION AND ASSISTANCE 1. Industry notification and education (BMP's, posters, etc.) 4,000 300 • Distribute educational information to business, industry and residents as available and appropriate 2. Stencil storm inlets and/or community outreach 200 4,000 500 ■ Supervise/contract for stenciling of catch basins by community groups or private contractors D. STORM SEWER MAINTENANCE AND IMPROVEMENT 1. Annual inspection and cleaning of system 22,000 4,500 ▪ Inspect and dean storm drainage facilities 8,000 4,000 ▪ Perform maintenance, repairs on storm drain facilities 300 500 • Maintain records of all inspections and repairs 200 • make recommendations for modifications to facilities 3,000 • Prepare reports as required 33,500 9,000 2. Storm sewer master plan and in -lieu fee system 1,000 300 Establish priorities for improving existing drainage systems 1,000 200 • Determine funding source for improving and expanding storm drainage system 1,000 ▪ Develop preliminary Capital Improvement Program for storm drainage system 3,000 500 E. STREET CLEANING 112,000 1. Perform street sweeping 20,000 2. Perform dead animal pickup disposal 132,000 90,000 190,500 SUB -TOTAL 9,500 Contingency (for unanticipated requirements, emergency work, accident loss) 290,000 PROGRAM TOTAL C30\MISC\FY93-94.STM WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY 100 East Sunnyoaks Avenue Campbell, California 95008 Telephone (408) 378-2407 March 25, 1993 TO: City Managers of Campb FROM: William A. Gissle SERVING RESIDENTS OF CITY OF CAMPBELL TOWN OF LOS GATOS CITY OF MONTE SERENO CITY OF SARATOGA UNINCORPORATED AREA 11, Los Gatos, and Monte Sereno anager/Engineer, WVSD SUBJECT: PROPOSED DEAD ANIMAL REMOVAL AND STREET SWEEPING SERVICE To clarify and avoid misunderstanding, I am sending directly to you the district staff recommendation regarding the proposal to include dead animal disposal and street sweeping services in the district's storm water management program. The district staff position is that the fiscal 1993-94 storm water management revenue program should not include dead animal disposal and street sweeping services. Although these activities were discussed in preliminary meetings with the city staffs, and the services were included in the draft non -point program for 1993-94, the consensus among the district's staff is that adding these activities to the storm drain program would overburden our personnel, as we are just now implementing the initial program. The district directors at their meeting on March 24 continued the item to their April 14 meeting so that they could review it with their respective staffs and council members. cc: District directors enclosures: Staff memorandum 3/17/93 Storm water management program 1993-94 ATTACHMENT 2 (FORMERLY COUNTY SANITATION DISTRICT NO. 4) ✓ N CO W O) N c, • r . 4. O: • > Q el CU 0) S co co n - U z ( 1• \j V) w L ^ W U O W cc (i La E O. L W o Q L. N U) \ rZi O J G) is. Q cc U L 0 COue Q (n X O.Z « ro O CO O O w N (D O O CO O N 0 (D 231,056.00 59.028.00 0 0 0 0 co O 22,480.00 (D CO O W v N) R O (D 129,678,805 a) co o 0 0 O 0 0 0 0 O 0 0 O O O o 0 0 0 0 0 O CO O O O 0 0 0 0 74,430.00 50,826.00 o o 0 o 0 0 ▪ N n CI O Q a) 0 0 o IN. CO o n n o a) O O O N a) 111 rn o • O rn co o N co v o) m co n co a) O N Q CO c') N O co a) a) O P) Q Q c) O O 07 0 in n a) N O CO O (7 O N O N 1I) LO ' N N N a) N n P) 0 ▪ N 9,848.544 n o) O O Q (.) O 0 N O CO 40, (D c0 Q 05 0 N 0 (7 0 0 n a) 0 (') a) CO O n n c7 in • Il) N N CO SINGLE FAMILY RESIDENTIAL PLANNED DEVELOPMENT MANUFACTURING COMMERCIAL O n O o C 0 05 QUASI -PUBLIC FACILITY UNIMPROVED GOVERNMENT cc W S O O O 0 O O 0 469,628.00 O O 0 203,867,179 CO 0 N 0 0 O N CO a) ALL CATEGORIES ATTACHMENT 2 to ATTACHMENT 3 1993 SCHEDULE FOR ADOPTION OF STORM DRAIN MANAGEMENT REVENUE PROGRAM February: City staffs develop level of service to be provided; District staff organizes budget and activity structure, and makes initial assessment spread. March: City councils review and approve in concept the service level, budget and activity structure; based on cities' conceptual approval, district board contracts for service to update parcel and square footage data and perform an assessment spread. April 7 and 14: Notice of hearing is published. April 19-23: District staff prepares the draft report for the 1993-94 fiscal year storm water management program. April 28: District holds first public hearing on the program and fees. May 12: District board holds second public hearing and adopts resolution of acceptance or continues the matter to the May 28 meeting to make any major changes which are identified during the public hearing process. June: District staff works out details with county assessor to collect fees. July: Effective date of resolution establishing fiscal 1993-94 storm water management program. 3/1/93 ATTACHMENT 4 April 5, 1993 Los Gatos, California HEARINGS CONTINUED GENERAL PLAN AMENDMENT/GP-93-2/ZONE CHANGE/Z-93-2/HEARING (25.46) Consider an amendment to the Land Use Element of the General Plan to change the zoning designation of 698-708 Winchester Boulevard (University Oaks Condominium) from Office Professional to Multiple Family Residential 5-12 units per acre (R-M:5-12), General Plan Amendment GP-93-2, Zone Change Z-93-2 and Negative Declaration ND-92-2. No significant environmental impacts have been identified and a Negative Declaration is recommended. Applicant, Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council make the Negative Declaration. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council find that a General Plan Amendment is not required, and the proposed zone change is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 126 FROM 0 TO RM:5-12 FOR 698 - 708 WINCHESTER BOULEVARD. (UNIVERSITY OAKS CONDOMINIUMS), which effectuates Zone Change Application Z-93-2. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no in the interest of keeping. clarity of use within already established zoned districts. STORM WATER MANAGEMENT/NON-POINT SOURCE/ASSESSMENT/HEARING (26.37) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider 1993-94 Storm Water Management Program, (Non -Point Source) proposed budget and assessment fee increase. There was no one from the audience to address this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the proposed 1993- 94 Storm Water Management "Program" Budget and Assessment Fee Increase. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC: D5: MM040593 6