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Item 10 Staff Report Storm Water System Protection Inspection Services Agreement-A6R o /So MEETING DATE: 9/17/01 ITEM NO. /C) COUNCIL AGENDA REPORT DATE: SEPTEMBER 10, 2001 TO: MAYOR AND TOWN GQUNCLE., FROM: TOWN MANAGER SUBJECT: STORM WATER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT RECOMMENDATION: Adopt resolution approving the Storm Water System Protection Services Agreement (Exhibit A) between the Santa Clara County Central Fire Protection District, City of Campbell, City of Saratoga, and the Town of Los Gatos. BACKGROUND: On March 5, 1996, the Town of Los Gatos (Town) entered into an Agreement, which was amended on May 1, 1997, whereby the Santa Clara County Central Fire Protection District (District) would provide storm water protection services to the Town of Los Gatos and the City of Campbell. The Town of Los Gatos and the City of Campbell desires to continue their contractual relationship with the District for storm water protection services. The City of Saratoga also wishes to enter into the Agreement with the District to provide services as specified in the agreement, scope of services, and any written amendments agreed upon. DISCUSSION: Stormwater System Protection Inspection services are an integral component of the obligation of Campbell/Los Gatos/Saratoga to protect the natural waters of the State under the terms and conditions set forth in the National Pollutant Discharge Elimination System (NPDES) Permit, No. CAS029718, any amendments thereto and/or any renewals thereof, issued and approved by the California Regional Water Quality Control Board, San Francisco Bay Region. PREPARED BY: LES Interim ectarks and Public Works Reviewed by: »ice Attorney Clerk Finance Community Development Revised: 9/10/01 2:26 PM Reformatted: 5/30/01 N:\B&E\CNCLRPTS\stormwater.agr.wpd PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: STORM WATER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT SEPTEMBER 10, 2001 DISCUSSION: (Cont.) The objective of the Stormwater Protection Inspection Program (Inspection) is to verify protection of the municipal storm drain system from non-stormwater discharges originating from industrial/commercial facilities that have been identified as being significant contributors to stormwater pollution. The Central Fire Protection District (District) shall integrate into and/or modify its existing fire safety and/or hazardous materials inspection programs to provide URP inspections for the City of Campbell, Town of Los Gatos, and facilities in Saratoga that are within the jurisdiction of the District. CONCLUSION: The proposed agreement is in the best interest of all parties involved and is recommended for approval. ENVIRONMENTAL ASSESSMENT: This project is not defined under CEQA, and no further action is required. FISCAL IMPACT: Funding is provided from Nonpoint Source Budget Program 2222. Attachments: Resolution approving Storm Water System Protection Inspection Services Agreement (with Exhibit A) Distribution: Santa Clara County Fire Protection District, 14700 Winchester Boulevard, Los Gatos, CA 95030 West Valley Clean Water Program, 18041 Saratoga -Los Gatos Road, Monte Sereno, CA 95030-4299 City of Campbell, Public Works Department, 70 North First Street, Campbell, CA 95008 City of Saratoga, Public Works Department, 13777 Fruitvale Avenue, Saratoga, CA 95070 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT, THE CITY OF CAMPBELL, CITY OF SARATOGA, AND THE TOWN OF LOS GATOS TO PROVIDE STORM WATER PROTECTION SERVICES WHEREAS, Agreement for Storm Water System Protection Services between Santa Clara County Central Fire Protection District, the City of Campbell, City of Saratoga, and the Town of Los Gatos is being presented to the Town Council for its consideration and approval. BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to enter into an agreement (attached as Exhibit A) with the Santa Clara County Central Fire Protection District to provide Storm Water System Protection Services. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of September, 2001, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA STORMWATER SYSTEM PRE ECTION INSPECTION SERVICES AGREEMENT STORMWATER SYSTEM PROTECTION INSPECTION SERVICES AGREEMENT BETWEEN SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT AND CITY OF CAMPBELL, CITY OF SARATOGA, AND TOWN OF LOS GATOS THIS AGREEMENT is entered into on July 1, 2001, between the SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT (hereinafter "District"), CITY OF CAMPBELL, CITY OF SARATOGA, and TOWN OF LOS GATOS (herinafter the Cities and the Town collectively described in this AGREEMENT as "Campbell/Los Gatos/Saratoga"). RECITALS A. WHEREAS Campbell, Los Gatos and District entered into an AGREEMENT on March 5, 1996 thereafter amended on May 1, 1997, whereby the District provided stormwater protection services to Campbell and Los Gatos; and B. WHEREAS District is experienced and equipped to conduct facility inspections and is authorized by State law to enter into a contract to provide stormwater system protection inspection services; and C. WHEREAS Campbell, Los Gatos and District desire to continue their contractual relationship by entering into this AGREEMENT whereby District personnel will provide such services as specified in the AGREEMENT, Scope of Services, Exhibit "A" hereto, and any written amendments which hereafter may be agreed to by the parties; and D. WHEREAS Saratoga desires to enter into an agreement with the District for District personnel to provide such services as specified in this AGREEMENT, Scope of Services, Exhibit "A" hereto, and any written amendments which hereafter may be agreed to by the parties; and E. WHEREAS Stormwater System Protection Inspection services are an integral component of the obligation of Campbell/ Los Gatos/Saratoga to protect the natural waters of the State under the terms and conditions set forth in the National Pollutant Discharge Elimination System (NPDES) Permit, No. CAS029718, any amendments thereto and/or any renewals thereof, issued and approved by the California Regional Water Quality Control Board, San Francisco Bay Region; and F. WHEREAS Campbell/Los Gatos each have individual agreements with the West Valley Sanitation District (hereinafter WVSD) for collection of fees in each jurisdictions for the purpose of stormwater program management and stormwater program maintenance, including industrial stormwater system protection inspection services. Page 1 CFPD URP Inspection Contract Page 1 CFPD UliffeldtialietleRiC4Cratfl June 6, 2001-Final Draft Exhibit A STORMWATER SYSTEM PRv i ECTION INSPECTION SERVICES AGREEMENT 1. OBLIGATIONS OF DISTRICT. The District agrees to: a. Provide the services of trained and knowledgeable personnel to perform stormwater system protection inspection services as specified in Exhibit A attached hereto and incorporated herein by this reference. Comments or concerns by District regarding the stormwater system protection inspection program shall be directed to the West Valley Clean Water Program Manager (hereinafter "WVCWP Manager") for review and periodic program modification; such modifications shall be incorporated into the Stormwater System Protection Inspection Program pending agreement by all parties to this AGREEMENT. Such stormwater system protection inspections shall occur during routine fire safety and/or hazardous materials inspections. b. Provide reports, as necessary for Campbell/Los Gatos/Saratoga to fulfill NPDES permit documentation and reporting requirements, to the WVCWP Manager on an annual basis. Report format and contents shall be as specified in Exhibit A. c. Ensure that appropriate District personnel have received applicable technical, law enforcement, and safety training to adequately and safely perform the services. d. Provide all necessary equipment, vehicles, uniforms, and other associated materials, office space, and staff support to provide the services required by this AGREEMENT. e. Provide and use inspection forms, order violation and referral forms, which are approved by the WVCWP Manager and which satisfy applicable Campbell/Los Gatos/Saratoga NPDES Permit obligations to document and enforce the stormwater system protection inspection program. f. Provide annual invoicing to the WVCWP Manager for payment of services, with copies directed to Campbell/Los Gatos/Saratoga. Invoices must describe services rendered under this AGREEMENT and state the rates therefore pursuant to Provision 7 herein in the manner detailed in Exhibit A. Invoicing shall separate charges for services rendered separately for Campbell/Los Gatos/Saratoga. Provide general information on the facility inspection program to the WVCWP Manager and Campbell/Los Gatos/Saratoga as needed. g. 2. OBLIGATIONS OF CAMPBELL/LOS GATOS/SARATOGA. Campbell/Los Gatos/Saratoga agree to: a. Provide the District with copies of all relevant written local regulations, policies. procedures, public improvement plans, permit documentation, and other Page 2 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM PR,. rECTION INSPECTION SERVICES AGREEMENT information as requested by the District, and necessary for District to perform its services under this AGREEMENT. c. Remit payment to District within forty-five (45) days after receipt of invoices for services rendered under this AGREEMENT, in accordance with the WVSD accounting cycle. d. Provide handouts, such as Best Management Practices (BMPs) and Urban Runoff Program (URP) brochures, as appropriate. e. Provide designated representatives to assist District in coordinating this program and District's performance described herein. 3. DESIGNATION OF PERSONNEL TO PROVIDE SERVICES. The District shall designate and identify to the WVCWP Manager the name, experience level, and training of personnel who will be providing primary program supervision of services under this AGREEMENT. The District shall provide notice to the WVCWP Manager of designee prior to the time of assignment, unless an emergency requires that such notice not be provided until after assignment has occurred. Any changes in designated personnel shall be advised to the WVCWP Manager within 15 working days of such changes. 4. SCOPE OF AUTHORITY. Should an inspection by District personnel reveal or disclose a potential violation of an applicable URP ordinance, rule, or regulation, the inspector in charge of the inspection shall note and report the violation to the WVCWP Manager and forward a copy of the violation notice as follows: a. Potential violations that are found during regular Hazardous Materials inspection duties and involve an active discharge of such materials directly into or that reach a catch basin, storm drain, or water body shall be forwarded to the appropriate regulating agency's police dispatch. b. All other potential URP violations that do not fall into those described in 4.a. above shall be noted and referred to the WVCWP Manager with a copy to the appropriate regulating agency for further action as specified in Exhibit A. No District inspector shall have authority to enter into any AGREEMENT regarding abatement, delay, or alternative procedure without first obtaining the consent of Campbell/Los Gatos/Saratoga, as applicable. If District personnel are refused access to any premise for inspections pursuant to this AGREEMENT, the District shall refer such inspection problems to the appropriate city or town representative for disposition. 5. TERM OF AGREEMENT. Unless terminated earlier pursuant to Provision 6 of the AGREEMENT, this AGREEMENT shall have a three (3) year term commencing on July 1, 2001 through June 30, 2004 with the option of extending the AGREEMENT Page 3 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM PR.. I ECTION INSPECTION SERVICES AGREEMENT for two (2) additional one (1) year periods upon mutual agreement and by written amendment pursuant to Provision 15 of the AGREEMENT. 7. TERMINATION OF AGREEMENT. Any party to the AGREEMENT may terminate this AGREEMENT with or without cause on 30 working days written notice to the other three parties. Upon termination by any party, the District shall be entitled to payment for services rendered but not invoiced as of date of the term. 8. TERMINATION OF EXISTING AGREEMENT. The City of Campbell, the Town of Los Gatos and the District entered into an Agreement on March 5, 1996, thereafter amended on May 1, 1997, whereby the District provides stormwater protection services to Campbell and Los Gatos. By entering into this new AGREEMENT and signing below, all three parties agree to terminate the current Agreement on June 30, 2001 without any further action and begin a new contractual relationship which shall include the City of Saratoga as well. 9. PAYMENT. Campbell agrees to pay the District $75.00 per hour for inspection and inspection -related services, plus an amount equal to 15 percent of such service fee for overhead expenditures, up to a maximum of $11,000 per year. Los Gatos agrees to pay the District $75.00 per hour for inspection and inspection -related services, plus an amount equal to 15 percent of such service fee for overhead expenditures, up to a maximum of $5,000 per year. Saratoga agrees to pay the District $75.00 per hour for inspection and inspection -related services, plus an amount equal to 15 percent of such service fee for overhead expenditures, up to a maximum of $1,000 per year. Campbell/Los Gatos/Saratoga shall pay for services rendered related to inspections conducted within their respective jurisdictions. Payments shall be for services actually rendered by a District employee in inspection services pursuant to this AGREEMENT (as referred to in 1.a. above). 10. INDEPENDENT CONTRACTOR. It is understood and agreed herein that the District and its employees, in the performance of the work and services agreed to be performed, shall act as and be independent contractors and not agents or employees of Campbell/Los Gatos/Saratoga. As independent contractors no employees of the District shall obtain any rights to retirement benefits, medical benefits, leave, or any other benefits that accrue to Campbell/Los Gatos/Saratoga employees. District agrees to make its employees available to testify in any litigation or prosecution brought regarding the subject of the work to be performed under this AGREEMENT. District shall be compensated for its employees' costs and expenses in preparing for, traveling to, and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by the District or is based on allegations of District's negligent performance or wrongdoing. 11. WORKER'S COMPENSATION. District shall maintain Workers' Compensation coverages as required by California law and its employees shall be considered employees of District in performing services under this AGREEMENT. 12.OWNERSHIP OF RECORDS AND AUDIT. Page 4 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM PRLi (ECTION INSPECTION SERVICES AGREEMENT a. All original records of inspections, orders, and other documentation regarding the stormwater program shall be retained and maintained by the District for a minimum of five (5) years. Access to and copies of such records shall be made available to Campbell/Los Gatos/Saratoga, and the WVCWP Manager upon request. b. District shall maintain the records in an appropriately secure manner. Some or all of these records may be subject to disclosure pursuant to the California Public Records Act, Freedom of Information Act, and/or other applicable regulations and shall be managed accordingly. c. District acknowledges that these services are conducted under State and Federal law as well as local authority. District shall make its non -confidential records and written procedures, available for review by State and Federal authorities as they may lawfully direct. In addition, Campbell/Los Gatos/Saratoga may accompany or otherwise review District performance of this AGREEMENT as they may choose. 13. INDEMNIFICATION. In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense, or cost, damage or liability imposed for jury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this AGREEMENT. No party, nor any officer, board member, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officer, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this AGREEMENT. 14. NONDISCRIMINATION. All parties shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code Sections 12900 ct seq.); and California Labor Code Sections 1101 and 1102. The Parties hereto shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical Page 5 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM PFs fECTION INSPECTION SERVICES AGREEMENT condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall the Parties discriminate in provision of services provided under this contract because of age race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical conditions, political beliefs, organizational affiliations, or marital status. 16.WAIVER. No failure on the part of any party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this AGREEMENT constitute a continuing waiver of a subsequent breach of the same or any other provision of this AGREEMENT. 17.GOVERNING LAW. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. Venue for any action regarding this AGREEMENT shall be in the appropriate court in the County of Santa Clara. 18.AMENDMENT. No modification, waiver, mutual termination, or amendment of this AGREEMENT is effective unless made in writing and signed by all Parties hereto the District and Campbell/Los Gatos/Saratoga. 19. NOTICES. Notices or communications to be given under this AGREEMENT shall be given as follows, unless a party designates a change in its address to the other parties in writing. TO DISTRICT: SCC Central Fire Protection District Hazardous Materials Division 14700 Winchester Boulevard Telephone: (408) 378-4010 Los Gatos, CA 95032-1818 Fax: (408) 378-9342 TO CITY OF CAMPBELL: Department of Public Works 70 N. First Street Telephone: (408) 866-2747 Campbell, CA 95008-1423 Fax: (408) 376-0958 TO TOWN OF LOS GATOS: Department of Parks and Public Works 110 E. Main Street P.O. Box 949 Telephone: (408) 399-5770 Los Gatos, CA 95032 Fax: (408) 354-8529 Page 6 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM Pr..,TECTION INSPECTION SERVICES AGREEMENT TO CITY OF SARATOGA Department of Public Works 13777 Fruitvale Ave. Saratoga, CA 95070 Telephone: Fax: TO WEST VALLEY CLEAN WATER PROGRAM MANAG 18041 Saratoga -Los Gatos Road Telephone: Monte Sereno, CA 95030 Fax: (408) 868-1241 (408) 354-8529 ER. (408) 354-4734 (408) 395-7653 20. CONSTRUCTION. Nothing contained in this AGREEMENT shall be construed as intended to create or to create a Joint Powers Agency of any kind. Page 7 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM Pi,./TECTION INSPECTION SERVICES AGREEMENT 19. ENTIRE AGREEMENT. This AGREEMENT constitutes the complete and exclusive statement of the AGREEMENT between the District/Campbell/Los Gatos/Saratoga. No terms, conditions, understandings or AGREEMENTS purporting to modify or vary this AGREEMENT, unless hereafter made in writing and signed by the party to be bound, shall be binding on either party. IN WITNESS WHEREOF, District and Campbell/Los Gatos/Saratoga have executed this AGREEMENT as of the date indicated next to their signatures. SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT Approved as to form and legality: By Date Leslie Orta, Deputy County Counsel Date Chairperson, Board of Directors Attest: Phyllis Perez, Board Clerk, Date CITY OF CAMPBELL Approved as to form: By Bernard M. Strojny, City Manager Date William Seligmann, City Attorney Date Attest: Anne Bybee, City Clerk, Date TOWN OF LOS GATOS Approved as to form: By Debra Figone, Town Manager Date Orry Korb, Town Attorney Date Attest: Marian V. Cosgrove, Town Clerk Date CITY OF SARATOGA Approved as to form: Page 8 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM Pr,.,TECTION INSPECTION SERVICES AGREEMENT By Dave Anderson, City Manager Date Richard S. Taylor, City Attorney Date Attest: Cathleen Boyer, City Clerk Date Page 9 CFPD URP Inspection Contract June 6, 2001-Final Draft 1 STORMWATER SYSTEM P, ..)TECTION INSPECTION SERVICES AGREEMENT Scope of Work Exhibit A EXECUTIVE SUMMARY A. The objective of the Stormwater Protection Inspection Program (Inspection) is to verify protection of the municipal storm drain system from non-stormwater discharges originating from industrial/commercial facilities that have been identified as being significant contributors to stormwater pollution. It is recognized that many of the identified pollutants of concern and sources of significance are currently addressed through other existing inspection programs, such as Hazardous Materials Storage Inspections. In an effort to streamline inspection efforts and to relieve undue regulatory burdens to the business community, Urban Runoff Pollution (URP) inspections will be conducted in combination with existing Hazardous Materials Storage Inspections. The purpose of the URP inspection component will be to address discharges that are not within the current regulatory authority of the Hazardous Material Inspection Program (or other existing inspection programs, including but not limited to source control, pretreatment, and POTW inspections, Health and Safety Inspections, and Hazardous Waste Inspections), but are illegal under local stormwater ordinances. B. The Central Fire Protection District (District) shall integrate into and/or modify its existing fire safety and/or hazardous materials inspection programs to provide URP inspections for the City of Campbell, Town of Los Gatos, and facilities in Saratoga that are within the jurisdiction of the District. The information used to define the URP inspection components, such as types of URP facilities and URP activities, shall be maintained in a District database. Data reports required for reporting to the Regional Water Quality Control Board (RWQCB) shall be provided by the District to the West Valley Clean Water Program (WVCWP) Manager with a copy to Campbell/Los Gatos/Saratoga representatives in order to meet National Pollutant Discharge Elimination System (NPDES) Permit reporting obligations. II. BACKGROUND AND DEFINITIONS A. URP Facilities: Categorization by a facility's potential for polluting stormwater based solely upon the nature of business. Page 10 URP facilities are defined as those facilities whose activities involve the storage, use or handling of hazardous materials and may be categorized as conducting one or more of the following activities. 1. Auto Repair - installation, modification, cleaning, repair and/or replacement of motor vehicle chassis, body, or parts. 2. Cleaners - fabric cleaning. 3. Machine Shop - manufacture, modification or repair of metallic parts. CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM PF... fECTION INSPECTION SERVICES AGREEMENT 4. Paint - application, distribution, packaging or selling. 5. Pesticide - application, distribution, packaging or selling. 6. Photo/Print - developing, processing, or producing. 7. Other URP Facilities- generate hazardous waste, discharge to sanitary sewer or store underground tanks (i.e., facilities which conduct URP activities but which have not yet been categorized). B. URP Activities: Categorization of a facility's potential for pollution based upon activities actually conducted on -site. URP Activities are defined as on -site activities that take place at a facility, which may adversely impact storm, water. 1. GEN - hazardous waste generators. 2. POTW - permitted dischargers to sanitary sewer or Publicly Owned Treatment Works (POTW). 3. UST - underground storage tank site. C. Inspection Assignments: The Inspection Assignment is determined by the complexity and/or compliance of a facility storing, using or handling hazardous materials. Inspection assignments are not static and can change from year to year based upon actual field conditions. The following are inspection assignment characteristics: 1. EC/DFM inspections are conducted by engine company personnel and Deputy Fire Marshals. These inspections typically involve simple hazardous materials. These inspections typically do not involve underground storage tank facilities. These inspections typically include facilities that are in good compliance standing. 2. HM-2 inspections are conducted by hazardous materials response team personnel. These inspections typically involve moderate hazardous materials facilities whose storage amounts exceed 55 gallons (liquids), 500 pounds (solids) or 200 cubic feet (gases) and underground storage tanks. These inspections typically include facilities that are in good compliance standing. 3. HMSP inspections are conducted by hazardous materials specialist personnel. These inspections typically involve more complex hazardous materials facilities whose storage amounts exceed 55 gallons (liquids), 500 pounds (solids) or 200 cubic feet (gases) and typically involve underground storage tank facilitates. Additionally, these inspections typically include facilities that are upgrading or are experiencing compliance problems. III. STORMWATER INSPECTION PROGRAM. The basic components of the Stormwater Inspection Program shall include, but is not limited to: Page 11 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM Pi ..JTECTION INSPECTION SERVICES AGREEMENT A. Training. District shall provide URP training at least annually for all inspectors performing URP Inspections. District shall make available appropriate staff to attend and participate in relevant and necessary Santa Clara Valley Urban Runoff Pollution Prevention Program Meetings and/or Workshops that impact the Campbell/Los Gatos/Saratoga Stormwater Inspection Program. Such occurrences shall be adequately notified and requested by the WVCWP Manager (Cross reference: Contract Provisions la, lc, and all of 4). B. Recordkeepinq and Documentation. District shall keep and maintain all data and documentation required by the Stormwater Inspection Program. Documentation and/or report submittals for Campbell/Los Gatos/Saratoga shall be directed to the WVCWP Manager as follows: 1. Data. Data maintained by District shall be updated on an on -going basis and shall include the most current information regarding all facilities receiving URP Inspections. Such information includes but is not limited to: a. Name of Facility b. Address of Facility c. URP Facility Type d. URP Activities e. Inspector Type Assigned f. Inspection Quarter g. Business License Status 2. Reporting. Per Contract Provision 1b, 1f, 4 and 10a, a report shall be completed by the District and submitted to the WVCWP Manager no later than forty-five (45) days after the fourth Inspection Quarter ends. All submittals will be verified by the WVCWP Manager against previous year reports. The report shall include details of the following items: Contract Provision 3 (designation of personnel, modifications only), Exhibit A Section III.A (staff training), Exhibit A Section 111.131 (facility information), Exhibit A Section 111.63 (forms, modifications only), Exhibit A Section III.0 and E (inspection/ violation reports), Exhibit A Section III.F (program evaluation), and Contract Provision 1f (invoices to WVCWP, Campbell/Los Gatos/ Saratoga), including a list of the facilities inspected in each jurisdiction during the invoice period). 3. Forms. District may revise or modify existing forms and/or create new forms as appropriate, provided they adequately address Campbell/Los Gatos/Saratoga URP inspection obligations. All forms used in conjunction with URP Inspections shall be approved by the WVCWP Manager. C. Inspections. Stormwater Inspections shall be integrated into existing or modified Hazardous Materials Storage Inspections. At a minimum, the following (non- hazardous) stormwater issues shall be addressed during a URP inspection: Page 12 1. Visual inspection of documentation of on -site storm drain system, including location of on -site catch basins, adjacent water bodies and outfalls at the site, shall be verified. Such information may be included in a Stormwater Pollution Prevention Plan (SWPPP), Hazardous Materials Business Plan or other CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM PI. - rECTION INSPECTION SERVICES AGREEMENT related document(s). 3. Visual inspection of site for evidence of recurring or chronic non-stormwater discharge(s) and/or contamination in and/or near catch basins, adjacent water bodies and outfalls. D. Outreach. District shall make available and distribute appropriate and applicable URP brochures, manuals and other information. District shall provide feedback regarding handout material and request adequate supplies of materials from the WVCWP Manager. Available materials may include: 1. The Bay Begins - Brochure. 2. Pests Bugging You - Brochure. 3. Automotive related Industrial BMPs - Brochures and Manual. 4. Mobile Cleaners BMPs - Manual 5. Oil Recycle information for small quantity generators - Brochure (produced by Santa Clara County Household Hazardous Waste Program). 6. Others - as made available E. Violation Enforcement, Referral and Follow-up. A copy of the URP inspection form and information regarding referral of related observed potential URP violations shall be given to facility subsequent to the inspection. 1. Observations which involve discharge violations regulated by separate (inspection) programs, including but not limited to hazardous materials storage ordinances, source control, hazardous waste, and health and safety, shall be managed per existing District protocol. A copy of noted observed potential URP violation(s) and referral to appropriate agencies shall be provided to the WVCWP Manager in accordance with Exhibit A Section III.C2 above. 2. Other Observed Potential URP Violations. During inspections observed potential URP violations not covered under Section III.E.1. above shall be determined to be "active" or "passive". Active observed potential URP violations are defined as violations which involve actual discharges which occur outdoors, is exposed to rain and/or stormwater runoff, occurs near, in or at a storm drain, catch basin, outfall, or adjacent water body. Active potential observed violations shall be referred by District in a timely manner to the WVCWP Manager with copies to appropriate Campbell/Los Gatos/Saratoga representatives for follow-up actions. A copy of follow-up reports shall be provided by Campbell/Los Gatos/Saratoga, as applicable, to the WVCWP Manager and made available to the District upon request. A copy of noted violation(s) and referral to appropriate agencies shall be provided to the WVCWP Manager in accordance with Exhibit A Section II1.B2 above. F. Evaluation. Evaluation analysis and recommended Program modifications shall be Page 13 CFPD URP Inspection Contract June 6, 2001-Final Draft STORMWATER SYSTEM Pr, rECTION INSPECTION SERVICES AGREEMENT Page 14 prepared and submitted by the District in accordance with Exhibit A Section III.B3. At a minimum the evaluation should include the following: 1. 1. Evaluation of staff training, field inspections, including feedback on outreach materials (see Exhibit A Section III.D. above). 2. Summary of typical observed potential violations, and general program efficiency (referral/follow-up procedures, public awareness and participation). 3. Areas for Program improvement. 4. Suggestions for assisting facilities in understanding and implementing BMPs etc. Such evaluation, analysis and/or recommendations will require at least one annual meeting with the WVCWP Manager. Prior to Campbell/Los Gatos/Saratoga submittal of its annual report to the RWQCB, the District shall review pertinent sections of the report for content accuracy. CFPD URP Inspection Contract June 6, 2001-Final Draft RESOLUTION 2001 - 102 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT, THE CITY OF CAMPBELL, CITY OF SARATOGA, AND THE TOWN OF LOS GATOS TO PROVIDE STORM WATER PROTECTION SERVICES WHEREAS, Agreement for Storm Water System Protection Services between Santa Clara County Central Fire Protection District, the City of Campbell, City of Saratoga, and the Town of Los Gatos is being presented to the Town Council for its consideration and approval. BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to enter into an agreement (attached as Exhibit A) with the Santa Clara County Central Fire Protection District to provide Storm Water System Protection Services. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of September, 2001, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Sandy Decker, Steve Glickman Mayor Joe Pirzynski. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Joe Pirzynski MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Town Council Minutes September 17, 2001 Redevelopment Agency Los Gatos, California STORM WATER SYSTEM/PROTECTION SERVICES/RESOLUTION 2001-102 (10.40) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2001-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT, THE CITY OF CAMPBELL, CITY OF SARATOGA, AND THE TOWN OF LOS GATOS TO PROVIDE STORM WATER PROTECTION SERVICES. Carried unanimously. FRANCIS OAKS 15491/NEW SINGLE FAMILY RESIDENCE/RESOLUTION 2001-103 (11.15) Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2001-103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING A REQUEST TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE IN THE HR-1. Carried unanimously. VERBAL COMMUNICATIONS (00.28) General Comments on Town Government: Ray Davis, resident, asked that Council consider the type of street trees that are planted, the placement of public restrooms in the Plaza Park, and the evaluation of the Town Attorney. Notification Policy: John Spaur, 1913 Los Gatos -Almaden Road, San Jose, CA 95124, noted his lack of notification of the study session concerning the Town Plaza. He asked that Council establish a policy of notification for all boards and commissions. Firefighters Fundraiser: Art Marshall, 2738 Forbes Ave, representing the Santa Clara County Firefighters, spoke of honoring the many killed and injured in the New York bombing. He explained how his volunteers raised $36,000 at the Farmers' Market on Sunday. His presentation was uplifting and inspiring. COUNTY REFERRALS (03.47) The following people spoke to this issue: Kathy Ballard, 18051 Idylwild Road, spoke of the dire need of the heliport due to extreme volnrability to fire hazards in the mountains. The immediate response of the helicopters and the close proximity of water, equal a far safer environment for the residents of the mountains Ray Davis, resident, asked that Council address the safety concerns of fire in the hillsides. Brian Hinman, 37 Broadway, spoke of the confusion concerning this property and the need for Council's support. He spoke of the need of preservation for his land. John Ferreira, 507 7th Street, San Juan Bautista, spoke of the firemen who attend these fires. He explained that they could still address the fires in the mountains from another location but they certainly would not have been as effective during prior emergencies if they had been located further away. Council consensus that some strong action will come from the Town addressing the need to retain this heliport in full working order for any emergency that might arise in Los Gatos and the mountains. Motion by Mr. Attaway, seconded by Mr. Glickman, that Council accept the report concerning County Referrals: NUMBER LOCATION APPLICATION REQUEST RECOMMENDATION 7843 Frontage Road -Hwy 17 McDougal Building Site Grading Additional comments from Council will be forwarded to County Carried unanimously. TC:D13:MM091701 2