Desk Item 16 Staff Report Proposed Changes to Performance Standards in the Town's NPDES Storm Water Discharge Permit and the Implications to the TownMEETING DATE: 6/18/01
ITEM NO. i
Desk Item
COUNCIL AGENDA REPORT
DATE: June 18, 2001
TO: MAYOR AND TO COUNCIL
FROM: TOWN MANAGER
SUBJECT: PROPOSED CHANGES TO PERFORMANCE STANDARDS IN THE
TOWN'S NPDES STORM WATER DISCHARGE PERMIT AND THE
IMPLICATIONS TO THE TOWN
RECOMMENDATION:
Approve attached letter. In addition to this letter, any additional comments by the Town Council
members will be forwarded to the Regional Board.
DISCUSSION:
No extension has been granted to the public comment period for changes to the Tentative Order of
our permit to discharge storm water into San Francisco Bay. The Parks and Public Works
Department Staff has prepared and sent the attached letter to the Executive Officer of the San
Francisco Bay Regional Water Quality Control Board. Comments on the legality of the provisions
have been sent by the legal council for the Santa Clara Valley Urban Runoff Pollution Prevention
Program, of which we are a member. When those comments are made public, they will be
forwarded to you. Staff will keep you informed of all decisions made by the Regional Board.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
As yet undetermined to the Town are additional costs to implement, oversee, and report on these
programs.
Attachments:
Letter dated June 18, 2001, to Loretta Barsamian, Executive Officer of the SFRWQCB.
PREPARED BY: LES WHITE
Interim Director of Parks and Public Works
Reviewed by:
Reformatted: 5/30/01
Attorney Clerk Finance Community Development
Revised• 6/1 R/O1 4.17 pm
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TOWN OF Los GATOS
PARKS & PUBLIC WORKS DEPARTMENT
PHONE (408) 399-5770
FAX (408) 354-8529
June 18, 2001
Via E-mail to: lkb(0.b2.swrcb.ca.gov
Ms. Loretta Barsamian
Executive Officer
California Regional Water Quality
Control Board, San Francisco Bay Region
1515 Clay Street, Suite 1400
Oakland, CA 94612
Service Center
41 Miles Avenue
P.O. Box 949
Los Gatos, CA 95031
RE: Public Comments on Tentative Order for the Santa Clara Valley Urban Runoff Pollution Prevention
Program - Proposed New and Redevelopment Provision
Dear Ms. Barsamian:
Since November of last year, our staff has been reading and commenting on the new provisions to the storm water
discharge permit that we hold jointly with 14 other public agencies in Santa Clara County, through the Santa Clara
Valley Urban Runoff Pollution Prevention Program (SCVURPPP). Additionally, as a small agency, the Town of Los
Gatos has joined with the Cities of Campbell, Monte Sereno and Saratoga, along with the West Valley Sanitation
District, to form the West Valley Clean Water Program (WVCWP). The program director represents our interests to
the SCVURPPP.
The changes proposed to Provision C.3 will have a major impact on our ability to review new and redevelopment
projects within our jurisdiction. The most burdensome change to this provision is that it takes effect immediately. This
does not give us adequate time to address all the changes necessary to comply with the new provision.
First of all, we will have to revise existing Town Codes, the Zoning Ordinance, the General Plan (adopted July 2000),
Hillside Specific Plan, as well as the many policies and procedures adopted over the years. It takes many months to
adopt new ordinances. In addition to staff time required to research and write the new ordinances and plans, public
hearings must be held before both the Planning Commission and Town Council. It is difficult to estimate how long this
process could take, but 12 to 18 months would not be unheard of. Additional time may be required if it is determined
that various provisions of the California Environmental Quality Act must be addressed, up to and including an
Environmental Impact Report (EIR). If an EIR is required, it is possible that an additional 12 to 15 months could be
added to the time it would take to pass new ordinances and make changes to the General Plan.
Next, we will need to amend our budget to address the costs associated with the new provision. This is not an easy task.
The various departments effected by this provision must determine the staffing needs required to comply with the order.
Staffing needs are both short term, to assist with new and revised codes, and long term, to enforce the provision. In
order to hire consultants and increase staff, funding sources must be identified. This could be as simple as revising
existing development and building permit related fees or adding new fees to all developments or as onerous as raising
assessments in compliance with Proposition 218. Under the provisions of Proposition 218, raising assessments requires
approval of more than 2/3's of the voters. Since we have just completed our budget process for the 2001-2002 fiscal
year, it is doubtful that these budgetary decisions could be made before the beginning of our next full budget review,
INCORPORATED AUGUST 10, 1887
Page 2
Ms. Loretta Barsamian
RE: Public Comments on Tentative Order
June 18, 2001
Additionally, major community information and outreach will be necessary. Although some contractors, architects,
engineers and developers are somewhat familiar with the proposed new provisions, the general public is not. These
people own small and medium sized business or large homes. They would certainly be effected by the provisions that
will be imposed on projects from 5,000 square feet and greater, regardless of the proposed use, within the next two
years. It is important that everyone be aware of these impacts so they are prepared when proposing changes to their
existing homes and business or proposing building new homes and business.
Only a few of the effects of the new provision have been addressed in this letter. However, we feel that it this is a
serious issue, that it is important that the Regional Board and its staff know that we are informed on the decisions that
will be made and how those decisions effect our ability to provide and plan for the long range goals of the Town and
the region in general.
L WHITE
Interim Director of Parks and Public Works
LW:TD
cc: Mayor Joe Pirzynski and members of the Town Council
Janet O'Hara, Regional Water Quality Control Board, via e-mail
Robert L. Falk, Morrison & Foerster, LLP, via e-mail
Jill Bicknell, SCVURPPP, via e-mail
Sheila Tucker, Director, WVCWP, via e-mail
Debra Figone, Town Manager
Orry Korb, Town Attorney
Bud Lortz, Community Development Director
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Town Council Minutes June 18, 2001
Redevelopment Agency Los Gatos, California
HAZARDOUS VEGETATIONBRUSH ABATEMENT/RESOLUTION 2001-72 (15.33 )
Mayor Pirzynski announced that this was the time and place so noted for public hearing to consider
adopting resolution overruling objections and ordering hazardous vegetation abatement (brush).
No one from the audience spoke to this issue.
Motion by Mr. Attaway, seconded by Mrs Decker, to close the public hearing. Carried by
a vote of 4 ayes. Mr. Blanton absent.
Motion by Mr. Attaway, seconded by Mrs. Decker, that Council adopt Resolution 2001-72
entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS,
ORDERING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS
VEGETATION (BRUSH) AS A PUBLIC NUISANCE. Carried by a vote of 4 ayes. Mr.
Blanton absent.
MINUTES OF JUNE 4, 2001 (05.V)
Ray Davis, resident, asked once again that all of his comments be included in the written
record.
Motion by Mrs. Decker, seconded by Mr. Glickman, that Council approve the Minutes of June
4, 2001 Town Council/Redevelopment Agency Meeting as submitted. Carried by a vote of 4 ayes.
Mr. Blanton absent.
STORM WATER DISCHARGE PERMIT/NPDES/IMPLICATIONS TO TOWN (16.40)
Les White, Interim Parks and Public Works Director, spoke of the very complex agreement
and regulations being instituted by the San Francisco Bay Regional Water Quality Control
Board. He noted that that Agency really must give all participating municipalities
additional time to review the requirements and costs. Staff will be sending a letter of
request for this time and asked that Council support that correspondence. There must be
time provided to evaluate the methodologies that are suggested in the new proposed
legislation. Analysis is needed to study whether the mitigation methods that are being
proposed will actually be a benefit and achievable. Sufficient time is needed to do this.
Council Consensus to vigorously oppose the unfunded mandate that is being imposed.
Motion by Mr. Pirzynski, seconded by Mrs. Decker, that Council approve the attached letter
supporting sixty day time extension for public comment on proposed regulations, and
forward comments by Council to the Regional Board. Carried by a vote of 4 ayes. Mr.
Blanton absent.
OPERATING BUDGET 2001-2002/RESOLUTION 2001-73 (17.09)
Motion by Mr. Attaway, seconded by Mrs. Decker, that Council adopt Resolution 2001-73
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FISCAL YEAR 2001-
2002 OPERATING BUDGET. (Joint Action) Carried by a vote of 4 ayes. Mr. Blanton
absent.
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