Item 4 Staff Report Accept Mid-Year Report and Approve Funding Changes of Nonpoint Source BudgetCOUNCIL AGENDA
DATE: 3/15/93
ITEM NO. LA
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: March 11, 1993
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: ACCEPT MID -YEAR REPORT AND APPROVE FUNDING CHANGES OF NONPOINT
SOURCE BUDGET.
RECOMMENDATION:
1. Accept mid -year report.
2. Increase the budget for non -point -source from $62,110 Program #220 to $69,800.
3. Increase the budget Program 2221 from $45,500 to $46,500.
4. Increase the budget Program 2222 from $5,500 to $12,500.
5. Increase the budget for Program 2224 from $3,700 to $10,700.
6. Decrease the budget for Program 2225 from $7,310 to zero.
BACKGROUND:
Staff submits a mid -year status report on the cooperative effort between the West Valley Sanitation District
and the Town of Los Gatos in meeting Federal Clean Water Standards objectives (Attachment 1). Staff
believes that many improvements have been made this fiscal year.
On April 20, 1992, Town Council established the "user assessment fee" as a funding source in response to
the Federal Clean Water Standards. The user fees will totally fund the Town's nonpoint source program
(previously the General Fund supported the program.)
The West Valley Sanitation District and the Town have agreed on a work plan and budget to meet program
requirements. Total funding for 1992-93 fiscal year was originally estimated at $150,000 with the Town's
share at $62,110.
PREPARED BY: SCOTT R. BAKER
SRB:cs
C29\CNCLRPTS\NONPOINT
(Continued on Page 2)
Director of Building and Engineering Services
Attachments: See Page 3 for list of attachments
Distribution: See Page 3 for distribution list
Reviewed by: Attorney Clerk F'
COUNCIL ACTION/ACTION DIRECTED TO:
3/11/93 8,48 am
ance Treasurer
66
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: MID -YEAR REPORT AND APPROVE FUNDING CHANGES OF NONPOINT SOURCE BUDGET.
March 8, 1993
The approved budget included a contingency of $20,000. Mid -year collections have met expectations.
The Town, in agreement with the West Valley Sanitation District, will reduce the contingency amount to
$5,000 and distribute $15,000 to the Town's work plan (Attachment 2).
DISCUSSION:
The Building/Engineering Department is currently computerizing the Town's base maps, using Town staff
and interns. These activities (and other NPS) should be charged to the appropriate CIP budget program.
The net effect of this request will reduce salaries charged to the Town Operating Budget and allow the
interns to continue their work.
CONCLUSION:
Staff recommends approval of the budget funding request to reduce salaries/benefits charged to the
Operating Budget and achieve program compliance.
ENVIRONMENT ASSESSMENT: No assessment required.
FISCAL IMPACT:
No net fiscal impact. Authorize CIP funding as follows (Increase fund #220 to $69,800):
A. Program Development/Admin 46,500
(#2221)
Salaries 9,500
Benefits 2,000
Materials 35,000
Capital 0
B. Enforcement/Inspections 12,500
(#2222)
Salaries 9,125
Benefits 1,875
Materials 1,500
Capital 0
C. Public Education & Assistance 100
(#2223)
Salaries 0
Benefits 0
Materials 100
Capital 0
D. Storm Sewer Maintenance 10,700
(#2224)
Salaries 4,000
Benefits 1,000
Materials 5,700
Capital 0
Total Estimated Revenues $ 69,800
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: MID -YEAR REPORT AND APPROVE FUNDING CHANGES OF NONPOINT SOURCE BUDGET.
March 8, 1993
ATTACHMENTS:
1. Mid -year report.
2. Letter from West Valley Sanitation District.
DISTRIBUTION:
Bill Gissler, Manager/Engineer, West Valley Sanitary District, 100 East Sunnyoaks Avenue,
Campbell, CA 95008
Johnevan M. Shay, Santa Clara Valley Nonpoint Source Program, 5750 Almaden Expressway,
San Jose, CA 95118
Town of Los Gatos
Nonpoint Source Pollution
Control Program
Mid Year Report
Fiscal Year 1992-93
Prepared By:
Scott R. Baker
Director of Building & Engineering Services
ATTACHMENT 1
TABLE OF CONTENTS
I. Executive Summary 1
II. Mid Year Status 2
III. Work Program for Balance of Year 7
IV. Goals and Objectives for 1993-1994 8
V. Appendices
A. Cooperative Agreement with West Valley Sanitation District
B. TLG/West Valley Sanitation District Work Program & Budget
C. Storm Drain Master Plan
D. Activity Report by West Valley Sanitation District
E. Mid -Year Report Illicit Connections
F. Base Maps & Storm Facilities
G. Response Plan to Illegal Dumping
H. Ordinance No. 1905
I. Flyer
Executive Summary
The Town of Los Gatos was hit hard by the Loma Prieta Earthquake in 1989. The
earthquake dramatically reduced property tax and sales tax revenues. The Towns priority
was public safety and earthquake recovery. The results of the Loma Prieta Earthquake
and employee turnovers have inhibited the Towns past performance in achieving all
program activities.
This year the Town has made many improvements in its ability to fund and consistently
deliver program services. A cooperative agreement with the West Valley Sanitation District
(WVSD) has established a funding source and assigned various program responsibilities
(such as storm drain cleaning) to the West Valley Sanitation District. Four Town
Departments have been assigned various portions of the remaining programs.
Assignments closely match existing functions and will serve to insulate from employee
turnover.
The Town is sensitive to environmental issues and is proud to do its part in protecting our
water ways.
C29\MISC\WVSD
1
Mid -Year Status Report
The Town has made a significant improvement in its ability to satisfy "program"
requirements in fiscal year 1992-93. The "life blood" of any program is adequate financing
and staffing. The Town in cooperative association (Appendix A) with the West Valley
Sanitation District (WVSD) established a fee based parcel assessment which will generate
approximately $150,000 for "program" funding. The West Valley Sanitation District will also
be responsible for substantial elements of "program" compliance and provide staffing for
these functions. As a term of our cooperative agreement, the Town and West Valley
Sanitation District established work program responsibilities and a funding distribution
(Appendix B) to achieve "program" goals.
A contingency of $20,000 was initially set aside because of possible protests to the new
fee. Only one protest was received and the net fiscal effect was a revenue reduction of
approximately $200. We do not have information on delinquent fees at this time, however,
they usually represent a very small percentage of the total. Therefore, we believe the
projected revenues are going to be very close to the estimated amount ($150,000).
The Town has subdivided program responsibilities to four different Town Departments.
The division of responsibilities closely matches existing departmental activities and will
insulate the "program" from employee turnover (a past problem). Each departments
responsibilities will be outlined with a brief description of accomplishments thus far:
C29\MISC\WVSD
2
Planning Department - Staff: Lee Bowman, John Givlin
A. Attend monthly meeting of cooperating agencies. Attendance of monthly
meetings is 100 percent. West Valley Sanitation District will provide backup
and redundancy to insure a good attendance record.
B. Review of Development Projects. Staff has been trained and has
implemented requirements related to: "Notice of Intent" (NOI) and Best
Management Practices (BMP) for developments and construction sites.
C. Develop drainage master plan. This element is dependent on several
precursors and is a long range goal. Town and West Valley Sanitation
District staff will be jointly pursuing this goal. Information on existing facilities
is being assembled and will be incorporated in a base map overlay.
(Appendix C)
D. Amend General Plan as needed. Staff has been formulating amendments
to the General Plan and will present them to the Planning Commission in
second half of this fiscal year.
II. Building/Engineering Services - Staff: Scott Baker, Chris Mansfield, Chris Gjerde
A. Coordinate and evaluate work performed by West Valley Sanitation District
(except storm drain cleaning). A substantial amount of work was expended
to establish the fee assessments and parcel spread. Initial work plans,
budgeting, and assignment of responsibilities has taken place. The Town
and West Valley Sanitation District have scheduled meetings on an as -
needed basis, however, we have agreed that (at a minimum) quarterly
meetings are necessary to evaluate and adjust the work plan. The West
C29\MISC\WVSD 3
Valley Sanitation District submitted an "Activity Report" detailing efforts and
expenditures through November 30, 1992 (Appendix D).
The West Valley Sanitation District is attending the management committee
and subcommittee meetings and will sign -in for the Town when Town staff
is unable to attend. This will provide redundancy and backup for Town staff.
B. Storm Drain Cleaning Program. The West Valley Sanitation District has
cleaned approximately 1/3 of the Town's storm drain system. In conjunction
with the storm drain cleaning, workers are trained to identify illicit
connections.
C. Identification and Elimination of Illicit Connections or Dumping. Town staff
has responded to a number of illicit connection and (or) dumping reports
and has resolved the vast majority of violations and continues to pursue
those which are not yet in compliance. (See Mid -year Report on illicit
connections, Appendix E).
D. Mapping and Identification of Storm Facilities. The Town base map on
AutoCAD is nearing completion. Right-of-ways, lot lines, street names, Town
limit lines, and A.P.N.'s are placed in separate layers but need further
adjustments and additions. The storm drain layer is being added at our
office by a West Valley Sanitation District intern and includes the approximate
location of manholes, inlets, pipes, and ditches (Appendix F). This intern has
also imported precipitation data from the Santa Clara Valley Water District
on AutoCAD.
C29\MISC\wVSD
4
E. Storm Drain Stenciling Program. Town staff has recruited the Los Gatos
Lions Club to provide labor for the Storm Drain Stenciling program. The
stenciling program is about 60 percent complete and will resume when
weather conditions permit.
F. Outreach. Staff makes certain that "the Bay Begins At Your Front Door",
"Pests Bugging You?", and "Take Me Shopping" brochures are available and
on display at the Clerks Office, Neighborhood Center and the Library.
Various hardware stores and nurseries have agreed to display the "Pests
Bugging You?" brochure.
G. Emergency Plan. Town staff has developed an Emergency Plan to address
legal dumping into waterways (Appendix G).
H. Ordinances. On December 1, 1993 the Town of Los Gatos adopted an
Ordinance aimed primarily at "air quality", however, the net effect of the
Ordinance will also reduce storm water pollutants. Ordinance No. 1905
(Appendix H) requires all new wood burning appliances meet or exceed
Environmental Protection Agency (EPA) Phase II standards. This includes
fireplaces, wood stoves, inserts, and zero clearance units. Wood smoke
contains many toxic components which eventually get into storm waters by
falling to the ground and washing into the water courses with the next rain.
The Ordinance also restricts existing non -EPA Phase II wood burning
appliances during times when air is stagnate and confined near the ground.
C29\MISC\WVSD 5
III. Community Services - Staff: Regina Falkner
A. Household Hazardous Waste
The Household Hazardous Waste Program is successfully operated on a
county wide basis. During the first six months of this fiscal year, Los Gatos
households have properly disposed of their hazardous wastes through
program participation. The Town includes the household hazardous waste
hotline in all of its promotional materials. A direct line staff number for non -
point source questions will be published in the 1993/94 phone book.
B. Solid Waste Management and Recycling
The solid waste management recycling program includes curbside recycling
of: cans, bottles, cardboard, and motor oil (single family residential only).
The Town operated recycling center also receives motor oil for those
households not covered by curbside recycling of motor oil. Twice a year the
Town offers an unlimited pick-up of household and yard waste.
IV. Parks, Forestry and Maintenance Services Department - Staff: Michael LaRocca
A. Storm Drain Cleaning and Street Sweeping
The Parks, Forestry and Maintenance Services Department coordinates with
West Valley Sanitation District to identify problem areas and establish the
priorities for intensive storm drain cleaning. For the first six months of the
fiscal year the facilities were inspected and cleaned as follows: 838 catch
basins and 327 manholes from which 48,800 pounds of debris were
C29\MISC\WVSD 6
C29\MISC\WVSD
removed. The street sweeping program cleaned 4,360 curb miles and
collected 1,460 cubic yards of loose debris. Parks, Forestry and
Maintenance Services Department also participates in the identification and
elimination of illicit connections.
7
WORK PROGRAM FOR THE BALANCE OF YEAR
Many of the program items discussed previously will continue through the last half of the
year. The Town and West Valley Sanitation District are currently reviewing the work plan
and budget to make adjustments as appropriate.
The Town will look to increase efforts in public outreach. It is proposed that the Town will
direct mail, to virtually all dwelling units; "The Bay Begins At Your Front Door" and a one
page flyer (Appendix I). The flyer summarizes the program and identifies contact persons
and additional brochures are available upon request.
Staff is considering the adoption of Town Ordinances specifically addressing Non Point
Source Pollution violations. Current ordinances on the subject are disjointed and not
clearly specific. Staff will be recommending a fine, roughly equal to the actual clean up
costs.
C29\MISC\WVSD 8
GOALS AND OBJECTIVES FOR 1993-94
The Town is determined to meet the requirements of the Non -Point Source Program in
1993-94.
The Town and the West Valley Sanitation District will continue review, evaluate and adjust
"program" responsibilities. A major objective will be to improve efficiencies and explore
economies of scale which will deliver more and better services to the program.
The mapping of storm facilities and major preparatory work on the Drainage Master Plan
will be largely completed in 1993-94.
Identification and elimination of illicit connections and dumping land use will be important
in 1993-94. Due to the fact that Los Gatos is predominately residential and specialty retail,
staff will place heavy importance on public outreach and education. Staff is considering
using Cable television spots, developing a video, and making presentations to schools
and service groups.
C29\MISC\WVSD 9
APPENDIX A
AGREEMENT BETWEEN THE TOWN OFLOS GATOS
AND WEST VALLEY SANITATION DISTRICT
REGARDING IMPLEMENTATION OF A STORM
WATER MANAGEMENT PROGRAM
Tti.WN CLERK
AG R. 92 • .30
IHH:
RE60 inZ 66
TABLE OF CONTENTS sip•
RECITALS Page No.
1-3
PART I - DEFINITIONS
A. Storm Sewer System 4
B. Catch Basins 4
C. Runoff 4
D. Town Manager 4
E. Manager/Engineer 4
F. Cost 4
G. Capital Cost 4
H. Operation and Maintenance 4
Cost 5
I. General Administrative Cost 6
J. Fiscal Year 6
K. Work Plan 6
PART II - AGENCY RELATIONSHIP CREATED
A. Appointment of District as Town
Agent 6
B. Duties of the District 7
C. Duties Retained by the Town 7
D. Indemnity 8
PART III - ADDITIONAL DUTIES OF THE PARTIES
A. Additional Duties of the Town.... 11
B. Additional Duties of the
District 12
PART IV - FINANCIAL PROVISIONS
A. Annual Submission of Town's
Estimate 12
B. District's Estimate 13
C. Establishment of Storm Sewer
Charge 13
D. Annual Review of the Storm
Sewer Charge 14
E. Limited Use of Funds 14
F. Payment to District and Town 14
PART V - TERM OF THE AGREEMENT; RIGHTS AND
OBLIGATIONS UPON TERMINATION
A. Term of the Agreement 15
B. Rights upon Termination 15
C. Survival of Indemnities 15
PART VI - MISCELLANEOUS PROVISIONS
A. Amendments 16
B. Disputes 16
C. Successors and Assigns 16
IN WITNESS WHEREOF 17
AGREEMENT BETWEEN THE TOWN OF LOS GATOS
AND WEST VALLEY SANITATION DISTRICT
REGARDING IMPLEMENTATION OF A STORM
WATER MANAGEMENT PROGRAM
Agreement, made and entered into this / 5 day
of ,, 1992, by and between the Town of Los Gatos,
,! /
a mtfnicipal corporation of the State of California,
hereinafter referred to as "Town", and West Valley
Sanitation District of Santa Clara County, a county
sanitation district organized and existing pursuant to
the Health and Safety Code of the State of California
hereinafter referred to as "District,"
RECITALS
WHEREAS, pursuant to the 1987 amendments to the
Federal Clean Water Act, the United States Environmental
Protection agency has promulgated final regulations
requiring cities to obtain a National Pollutant
Discharge System (NPDES) permit to discharge storm
sewers to receiving waters; and
WHEREAS, said final EPA regulations have set forth
an extensive and exhaustive course of action in which
demands have been placed on cities to properly maintain
and monitor their storm sewer systems, and in the
future, could contain requirements for significant
reconstruction; and
[D1/WVSD/T] 1
WHEREAS, Town, along with twelve other cities, the
County of Santa Clara, and the Santa Clara Valley Water
District, have obtained an NPDES permit on June 20,
1990, which allows and requires Town to regulate and
manage its storm sewer system in accordance with
requirements developed by the Santa Clara Valley
Non -point Source Control and Storm Water Management
Program; and
WHEREAS, District's boundaries encompass the vast
majority of the Town and therefore Town's storm sewer
system is entirely within District's boundaries; and
WHEREAS, District, among other things, is
empowered to construct, maintain, and operate a refuse
and industrial waste disposal system in conjunction with
its sanitary sewer system; and
WHEREAS, Town's storm sewer system conveys all
waste water flow which is excluded from sanitary sewers
including debris, pollutants, chemicals, offal, leaves
and cuttings, trimmings from trees, shrubs and grass,
in organic refuse and rubbish and, garbage which
accumulate on streets and pavement. Much of said
"non -point source pollution" is carried untreated by the
Town's storm sewer system to the Southern portion of San
Francisco Bay. During some storm events, the resulting
wastewater flow in the District's sanitary sewer system
and at the Wastewater Pollution Control Plant more than
[D1/WVSD/T] 2
doubles, thereby creating a substantial burden on the
District's sanitary sewer system; and
WHEREAS, therefore Town's storm sewer system and
District's sanitary sewer system are integrally related
to each other such that District's sanitary sewer system
is directly impacted by Town's storm sewer system; and
WHEREAS, in order to conserve and protect its
sanitary sewer system, as well as to assist Town in
maintaining and operating a refuse and industrial waste
disposal program through its storm sewer system,
District is authorized under law to enter into this
agreement; and
WHEREAS, Town wishes to designate District as its
agent for the performance of various functions required
to be performed by Town under the terms of the Clean
Water Act, EPA regulations, and the terms and conditions
of its NPDES permit; and
WHEREAS, the parties wish to clarify their
respective rights and responsibilities under the
above -described relationship through this agreement,
NOW, THEREFORE, for and in consideration of their
mutual covenants, promises, and obligations, Town and
District do hereby agree as follows:
Part I - DEFINITIONS
Except where the context otherwise requires, the
following definitions of this Section shall govern the
[D1/WVSD/T] 3
construction of this agreement:
A. Storm Sewer System (sometimes termed "storm sewer")
shall mean any —pipe, conduit, or sewer of the Town
designed or used for the disposal of storm and surface
waters and drainage including unpolluted cooling water
and unpolluted industrial process water, but excluding
any community sanitary sewer system.
B. Catch Basins shall mean box -like underground
concrete structures with openings in curbs and gutters
designed to collect water from streets and pavements.
C. Runoff shall mean water from rain, lawn watering,
melting snow, or irrigation that flows over the surface
of the ground.
D. Town Manager shall mean the Town Manager, or
designee, of the Town of Los Gatos.
E. Manager/Engineer shall mean the Manager/Engineer of
West Valley Sanitation District of Santa Clara County.
F. Cost shall mean the amount reasonably expended in
performing a particular act or operation when categories
of cost are mentioned, reference to generally accepted
accounting methods uniformly applied by the party
claiming the cost is intended.
G. Capital Cost shall mean any and all costs and
expenses, except those described in Part I, Section H,
paragraph 1 below reasonably incurred in connection with
the acquisition, construction, and installation of a
[D1/WVSD/T] 4
facility, which is part of the storm sewer system, and
which adds capacity to the existing system; including,
but not limited to:
1) Those related to acquisition, purchase, or
lease of land, easements, rights of way or other
interests in land.
2) Those related to acquisition, construction,
and installation of a facility, or part thereof,
including costs of labor, materials, and equipment,
amount paid to contractors, engineering costs, cost of
preliminary and final reports, designs, plans and
specification and legal costs.
3) All other costs reasonably incurred in
connection with or incidental to the above.
H. Operation and Maintenance Cost shall mean any and
all costs and expenses reasonably incurred in the
administration, operation, maintenance and repair of any
facility in the storm sewer system, including, but not
limited to:
1) Items ordinarily recognized as capital items
(e.g. interests in land) when reasonably necessary to
maintain the capacity of the storm sewer system had when
new.
2) Replacement of portions of an existing
facility damaged or destroyed as a result of accident or
natural disasters.
[D1/WVSD/T] 5
3) Damages and settlements paid in the course of,
or because of, threatened or actual legal actions,
except 1) actions between the parties to this agreement
2) payments which are reimbursed from insurance or other
sources 3) payments concerning condemnation or inverse
condemnation of a capital cost item 4) liability
insurance premiums.
I. General Administrative Cost shall mean a portion of
the total general expenses of the Town or District which
cannot be directly related to operation and maintenance
of a particular storm sewer system facility but is
expressed as a percentage of the Town's or District's
total operational expense.
J. Fiscal Year shall mean the period from July 1
through June 30 of the following year.
K. Work Plan shall mean a schedule of activities for
the proposed fiscal year including specific goals,
objectives and milestone dates. The plan shall include
a summary of personnel, contractual assistance, if
necessary, and materials for each objective.
Part II - AGENCY RELATIONSHIP CREATED
Appointment of District as Town Agent shall mean
District is hereby appointed as Town's agent for
purposes of performing certain duties as described
hereinafter which duties are those for which Town is
obligated to perform under the terms of NPDES permit
[D1/WVSD/T] 6
issued to Town on June 20, 1990 as may hereafter be
amended.
B. Duties of the District The following duties of the
District shall be:
1) Plan, implement and enforce delegated
responsibilities of a storm water pollution prevention
program consisting of:
(a) locating and eliminating illicit connections.
(b) investigating illegal dumping.
(c) administering an industrial permit program,
including review of industry storm waste pollution
prevention plans, processing industry notices of
intent, and reviewing industrial monitoring programs.
2) Plan and implement a public/industry
notification and education program on storm water
pollution prevention including the marking of storm
sewer system catch basins specified by the Town.
3) Inspect, clean and maintain the Town's storm
sewer system.
4) Any duties, which are unspecified herein, but
which are required to be performed under the terms of
the Town NPDES permit.
C. Duties Retained by the Town: The following duties
are retained by the Town:
[D1/WVSD/T] 7
1) Participate in and interpret the requirements
of the county -wide non -point source program through the
Santa Clara Valley Water District.
2) Implement the household hazardous waste
disposal program.
3) Develop a storm water management plan,
including preparation of an updated storm sewer master
plan, policies, design standards, performance standards,
and a computer based system mapping.
4) Schedule, engineer and construct storm sewer
system improvements and system rehabilitation.
5) Perform street sweeping and storm flooding
relief.
6) Perform incidental storm drain maintenance as
determined to be necessary by the Town.
D. Indemnity
1) Each party agrees to indemnify, defend, and
hold harmless the other party (its officers, agents, and
employees) from any claim or demand by reason of any
injury to or death of any person or damage to any
property which may be made against that party (its
officers, against, and employees) caused by, or alleged
to have been caused by, any act or omissions, negligent
or otherwise, of the other under this agreement.
[D1/WVSD/T] 8
2) Notwithstanding the indemnity, described in
subparagraph 1) Town hereby agrees to indemnify, defend,
and hold harmless the District from any claim or demand
by reason of any injury to or death of any person or
damage to property which may be made against the
District (its officers, agents, or employees) due to
flooding caused by, or alleged to have been caused by,
the Town's storm sewer system. Notwithstanding this
provision, the District shall indemnify Town for any
injury, death, or property damage due to flooding
proximately caused by the negligence or wilful act of
any District employee, agent, or officer. Town,
however, retains the obligation to defend, at Town's
sole cost, the District from any such claim or demand
for injury, death, or damage due to flooding regardless
of how said injury death or damage is caused .
Town shall keep the District and its insurance
carrier informed of the status of any and all claims or
demands with respect to any flooding event above
described, and District or its insurance carrier retains
the right to engage its own legal counsel to defend any
action brought against it under the provisions of this
paragraph, provided, however, that Town shall reimburse
District or its insurance carrier for any legal costs,
including reasonable attorney's fees, reasonably
[D1/WVSD/T] 9
necessary in defending the District from any claim or
demand described in this paragraph.
3) Notwithstanding the indemnity described in
subparagraph 1) above, Town agrees to indemnify defend,
and hold District (its officers, agents, and employees)
harmless from any action brought by any party having
standing which contests the validity or legality of this
agreement, or that of any ordinance, resolution, minute
order, regulation, or administrative ruling made by
either the Town or the District which is adopted by that
agency to carry out the purposes of this agreement.
This indemnity by the Town includes any action brought
contesting the validity of any fee or charge imposed by
the District to finance the program described in this
agreement or its method of collection. Notwithstanding
anything to the contrary contained herein, District
shall remain responsible, on a pro-rata basis, for any
monetary, awards, judgments, orders for restitution, or
settlements up to an amount equal to the total fees
collected by, and allocated to the District, and Town
shall not be responsible for indemnifying District for
such awards, judgments, orders for restitution or
settlements to the extent of its pro-rata share of the
fees collected by and allocated to the District.
4) Notwithstanding the indemnity described in
subparagraph 1) above, Town agrees to indemnify, defend
[D1/WVSD/T] 10
and hold District harmless from any fines, civil
penalties, or other costs imposed by any governmental
agency having jurisdiction, resulting from either
parties' operation or maintenance of the Town's storm
sewer system; provided, however, Town shall not
indemnify District against any fines, civil penalties or
other costs, which are determined to be due solely to
the District's negligence or wilful misconduct.
5) Each party will, at its sole cost and expense,
obtain and maintain in full force and effect throughout
the entire term of this agreement adequate insurance to
cover each party's responsibilities under this
agreement.
Part III - ADDITIONAL DUTIES OF THE PARTIES
A. Additional Duties of the Town
1) Upon execution of this agreement, Town shall
forthwith adopt all necessary ordinances, and
resolutions to implement its duties under this agreement
including ordinances regulating storm discharge
requirements, suspension of service, and other
enforcement measures regarding improper discharges into
the Town's storm sewer system.
2) The Town shall have the sole responsibility of
enforcing all laws; ordinances, and regulations
regarding the Town's storm sewer system including the
controlling of improper discharges into the system.
[D1/WVSD/T] 11
3) The Town, as a discharger, shall have the sole
responsibility regarding all dealings with the Santa
Clara Valley Non -point Source Control and Storm Water
Management Program, the California Regional and State
Water Quality Control Boards, E.P.A., and all other
agencies having jurisdiction with respect the operation
and maintenance of the Town's storm sewer system under
its NPDES permit.
B. Additional Duties of the District
1) Upon execution of this agreement, the District
shall forthwith adopt all necessary ordinances, and
resolutions to implement its duties under this agreement
including an ordinance or resolution adding a storm
sewer service charge to the District's schedule of fees
and charges.
2) The District shall be responsible for imposing
and collecting all fees and charges necessary to fund
the operation and maintenance cost and general
administrative costs incurred by both parties in
operating and maintaining the Town's storm sewer system.
Capital costs as defined in this agreement shall be
funded solely by the Town through sources other than the
District's storm sewer service charge.
Part IV - FINANCIAL PROVISIONS
A. Annual Submission of Town's Estimate
At least, 120 days prior to the beginning of the
fiscal year, Town shall submit, in writing, to the
[D1/WVSD/T] 12
District its estimate of its maintenance and operation
and general administrative costs for the new fiscal year
that the Town will incur as a result of the performance
of its duties under this agreement. The Town shall be
responsible for maintaining sufficient data to justify
its costs described herein.
B. District's Estimate
During that same period, District shall estimate
its own operation and maintenance and general
administrative costs for the new fiscal year that it
will incur as a result of the performance of its duties
under this agreement. A work plan supporting these
cost estimates shall be submitted to the Town for its
review and aproval. The District will be responsible
for maintaining sufficient data to justify its costs
described herein.
C. Establishment of Storm Sewer Service Charge
Utilizing the two estimates described above,
together with establishing a reasonable reserve, the
District Board of Directors shall, after public hearing,
establish a storm sewer service charge by resolution.
Said resolution shall set forth the specific amount of
the fee, describe the specific services to be performed,
describe the estimated cost of the services to be
performed, describe the reasonable relationship between
[D1/WVSD/T] 13
the fee and the service to be performed, and set forth
the time of payment and manner of collection.
D. Annual Review of the Storm Sewer Charge
On an annual basis the Board of Directors shall
review the charges to determine whether the amount is
reasonably related to the service being provided and
whether the reserve fund is still needed. Said charge
may, at such meeting, be adjusted up or down.
E. Limited Use of Funds
The revenues raised by the payment of the storm
sewer charge shall not be co -mingled with other District
funds but shall be budgeted within a special storm sewer
system account to be used solely to perform District
work on the Town's storm sewer system or to reimburse
the Town for the performance of its services on its
storm sewer system.
F. Payment to District and Town
Upon receipt of the revenue derived from the
imposition of said charge, the District shall
immediately reimburse itself and the Town based upon the
estimates previously submitted. If the actual
expenditures exceed any estimate, then the actual amount
shall be reimbursed to the District or Town, as the case
may be, to the extent that there are reserve funds in
the storm sewer system account.
(D1/WVSD/T] 14
Part V - TERM OF THE AGREEMENT; RIGHTS
AND OBLIGATIONS UPON TERMINATION
A. Term of the Agreement
This agreement shall be in full force and effect
for a period of time beginning on July 1, 1992, and
extending to and including the 30th day of June, �,--
ONE
1995, and is automatically renewed for additional ,kkh
(1UB/3 year periods unless either party, at least one year
before termination, gives written notice to the other
that it does not wish to renew this agreement. This
agreement can also be terminated at any time by written
agreement of the parties or by operation of law. If not
otherwise terminated, this agreement shall terminate on
June 30, 2012.
B. Rights Upon Termination
Upon termination, the balance remaining in storm
sewer system account shall be distributed to the parties
to the extent that each has incurred actual costs with
respect to the operation and maintenance of the Town's
storm sewer system. All remaining sums shall be
refunded to the property owners from which the funds
were collected on a pro-rata basis.
C. Survival of Indemnities
All indemnity provisions contained in this
agreement survive its termination.
[D1/WVSD/T] 15
Part VI - MISCELLANEOUS PROVISONS
A. Amendments
This agreement is amendable only by means of
written instrument executed with express authorization
by the Town Council and the District Board of Directors.
B. Disputes
If either party contends that the other has
breached or is breaching this agreement or that this
agreement is inequitable, its governing body shall so
notify the governing body of the other party and both
governing bodies (subject to all laws concerning the
meetings of public agencies, governing bodies) shall
meet jointly to resolve their differences. No action or
suit concerning the terms or performance of this
agreement shall be commenced, nor shall there be any act
of rescission or notice of termination of this agreement
other than the sort of notice provided in Part E(1)
until the joint meeting has been held. The parties
waive any statute of limitations as to any cause of
action which is subject of the notification and meeting
proceedings by this part during the time, not to exceed
a reasonable time, required for the notice to be given
and the meeting to take place.
C. Successors and Assigns
The agreements, covenants, conditions,
limitations, restrictions and undertakings contained in
[D1/WVSD/T] 16
this agreement apply to and bind the successors and
assigns of the parties. The rights and obligations
of this agreement may not be assigned by any party
without the written consent of the other.
IN WITNESS WHEREOF, the parties hereto have
executed this agreement on the date set forth beside
their signatures, to become effective on
Dated � &V , TOWN OF LOS GATOS
ATTEST:
Dated:
ATTEST:
By
JLJ
/ 1992.
TOWN MANAGE
APPROVED AS TO F
Town Attorney
/ WEST VALLEY SANITATION DISTRICT
OF SANTA CLARA COUNTY
APPROVED ASO FO
District Counsel
[D1/WVSD/T] 17
APPENDIX B
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TOWN OF LOS GATOS/WEST VALLEY SANITATION DISTRICT
ACTIVITY WVSD TOWN
A. PROGRAM DEVELOPMENT/ADMINISTRATION
1. Develop fee structure & collection system $8,300 500
2. Develop & adopt ordinances, regulations,
Best Management Practices (BMPs) 500 3,000
3. Reporting & record keeping 300 2,000
4. Santa Clara Valley Non -Point Source Participation 0 40,000
D. PERMITS/ENFORCEMENT/INSPECTION/INVESTIGATIONS
1. Develop comprehensive plan for locating &
eliminating illicit connections. 6,000 2,300
2. Respond to illegal dumping incidents & follow-up.
Enforce BMP's ordinances & regulations. 6,000 1,500
3. Industrial permit follow-up 2,000 300
4. Sort, review and file industry responses
Notice of Intentions (NOI) 3,500 200
5. Review existing facilities, Storm Water Pollution
Prevention Plans (SWPP). Inspect for compliance.
Report to Board. 6,000 300
6. Review industry SWPP plans (new developments) 2,000 200
7. Industrial Monitoring Program - Do and/or review,
including annual report sampling for violations. 2,000 200
8. Review developments over 5 acres for general permit
compliance; NOI erosion and sediment control. 100 500
C. PUBLIC EDUCATION AND ASSISTANCE
1. Industry notification & education (BMP's, posters,
etc.) 1,000 100
D. STORM SEWER MAINTENANCE AND IMPROVEMENT
1. Perform annual inspection & cleaning of system,
record, and report. 20,000 500
2. Stencil storm inlets and/or community outreach 0 1,000
3. Develop & adopt town storm water management plan 4,200 400
4. Update storm sewer master plan 13,000 800
5. New development control measures, develop, propose
for implementation and incorporate into design
standards. 300 _1,000..
SUB -TOTALS
$75,200 �-$54,800
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RESERVE (Contingency)
C. FUTURE WORK PROGRAM FOR FISCAL 1992-93
Pending input from the Town on program costs to date and
assumptions on future activities based on five months of
experience the district offers the following for
consideration.
Dist. Job No. Suggestion
1318-Al
Rebudget WVSD - $12,000. This will cover cost
to date and provide $3,300 for establishing the
1993-94 program.
1318-A2 Town should review current ordinance.
1318-A3
1318-A4
1318-B1
Rebudget WVSD - $2,500. Addition of $2,200 for
report preparation.
Rebudget WVSD - $3,500. WVSD attend program
meetings.
Leave as is; review in March. This activity
should be given a priority; in December define
tasks to accomplish.
1318-B2 A written response plan should be prepared;
leave budget as is and review in March.
1318-B3 Rebudget WVSD - $1,000. Delay in program.
1318-B4 Rebudget WVSD - $1,500. Delay in program.
1318-B5 Rebudget WVSD - $1,000. Delay in program.
1318-B6 Rebudget WVSD - $500. Delay in program.
1318-B7 Rebudget WVSD - $500. Delay in program.
1318-B8 Leave as is; review in March.
1318-C1 Leave as is; review in March.
1318-D1 Rebudget WVSD - $21,600.
1318-D2 Leave as is; review in January.
1318-D3 If unable to justify, delete entirely in March
and transfer to D1.
1318-D4 Leave as is; review in March.
1318-D5 If unable to justify, delete entirely in March.
Reserve Leave as is; review in January.
Refer to Appendix A for a summary of budget changes and anticipated
work schedule.
STORM SEWER SUMMARY FOR LOS GATOS
WVSD PAYROLL EXPENSE:
WVSD CASH EXPENSE:
WVSD EQUIPMENT EXPENSE:
$22,512.28
$7,586.98
$1,853.75
TOTAL WVSD STORM SEWER
EXPENSE IN LOS GATOS $31,953.01
STORM SEWER PAYROLL SUMMARY FOR LOS GATOS
ACTIVITY CENTER "Al"
DIRECT
EMPLOYEE NUMBER HOURS RATE LABOR
OVERHEAD TOTAL
WILLIAM A GISSLER
95 15.50 $42.7260 $662.25 $529.80 $1,192.05
TOTAL ACTIVITY "Al" $662.25
$529.80 $1,192.05
ACTIVITY CENTER "A4"
DIRECT
EMPLOYEE NUMBER HOURS RATE LABOR OVERHEAD TOTAL
WILLIAM A GISSLER
95 19.50 $42.7260
$833.16
$666.53 $1,499.69
TOTAL ACTIVITY "A4" $833.16
$666.53 $1,499.69
ACTIVITY CENTER "Cl"
DIRECT
EMPLOYEE NUMBER HOURS RATE LABOR OVERHEAD TOTAL
DON TOY
14 4.50 16.1790 $72.81
$58.25 $131.06
TOTAL ACTIVITY "Cl" $72.81
$58.25 $131.06
ACTIVITY CENTER "D1"
DIRECT
EMPLOYEE NUMBER HOURS RATE LABOR OVERHEAD TOTAL
WILLIAM A GISSLER 95 0.50 42.7260 $21.36
FLORENTINO MENDOZA 18 1.00 15.6850 15.69
GILBERT ACOSTA 32 130.00 12.9411 1,682.34
GARY BAMBER 11 70.00 17.2930 1,210.51
RALPH JOHNSON 85 101.50 20.4890 2,079.63
RALPH SPITERI 84 8.50 28.6180 243.25
DAVID SWANSON 77 4.50 19.2980 86.84
BILL KENNEDY 73 2.00 23.7950 47.59
$17.09
12.55
1,345.87
968.41
1,663.70
194.60
69.47
38.07
$38.45
28.24
3,028.21
2,178.92
3,743.33
437.85
156.31
85.66
TOTAL ACTIVITY "D1" $5,387.21 $4,309.76 $9,696.97
ACTIVITY CENTER "D4"
DIRECT
EMPLOYEE NUMBER HOURS RATE LABOR OVERHEAD TOTAL
WILLIAM A GISSLER 95 9.00 42.7260 $384.53
ROBYN RAUK 27 354.25 9.5000 3,365.38
BRIAN MAPEL 28 21.00 9.5000 199.50
SHERYL STAUB 29 21.00 9.5000 199.50
PAT VACANTI 30 245.00 9.5000 2,327.50
DON TOY 14 26.50 16.1790 428.74
$307.62
1,346.15
79.80
79.80
931.00
342.99
$692.15
4,711.53
279.30
279.30
3,258.50
771.73
TOTAL ACTIVITY "D4"
$6,905.15
$3,087.36 $9,992.51
TOTAL PAYROLL FOR LOS GATOS STORM $13,860.58 $8,651.70 $22,512.28
(Note: Overhead rate for regular employees is 1.8; overhead rate for
college students is 1.4)
STORM SEWER CASH EXPENSES
DISTRIBUTION TO CITIES
WVSD PAYABLES
VENDOR
DATE AMOUNT L. G.
Charles Kilian 3/2/92 $1,890.00 $756.00
Charles Kilian 4/8/92 180.00 72.00
Charles Kilian 4/8/92 400.00 0.00
Charles Kilian 4/8/92 210.00 105.00
Charles Kilian 5/13/92 1,178.00 471.20
Charles Kilian 5/13/92 180.00 180.00
Charles Kilian 6/10/92 1,390.00 556.00
Sub -Total $5,428.00 $2,140.20
Guadalupe Disposal 11/18/92 52.14
Analytical Systems 5/28/92 4,812.50 3,000.00
SC County - Assessor 7/8/92 896.47 896.47
TOTAL WVSD PAYABLES
TAX ROLL SET-UP CHARGE
TOTAL WVSD CASH EXPENSE
$11,136.97 $6,088.81
$1,498.17
FOR STORM SEWERS $7,586.98
WEST VALLEY SANITATION DISTRICT
COUNTY OF SANTA CLARA COUNTY MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
December 7, 1992
William A. Gissler, District Manager/Engineer
Joe Spiteri, Superintendent of Maintenance and Operations
Equipment cost breakdown for Town of Los Gatos Non -point
Source Program.
Listed below are the equipment cost for the Town of Los Gatos Non -point
Source Program through November 30, 1992.
11-02-92
11-02-92
11-02-92
11-03-93
11-02-92
11-04-92
11-04-92
11-05-92
11-05-92
11-05-92
11-06-92
11-06-92
11-09-92
11-09-92
11-09-92
11-10-92
11-10-92
11-10-92
11-12-92
11-12-92
11-12-92
11-13-92
11-13-92
11-13-92
11-16-92
11-17-92
11-18-92
11-19-92
11-20-92
11-20-92
11-23-92
11-23-92
11-24-92
11-24-92
11-25-92
11-25-92
11-30-92
11-30-92
Pickup -
Dump Truck -
Car
Dump Truck
Car
Dump Truck
Car
Pickup
Dump Truck
Car
Pickup
Dump Truck
Pickup
Dump Truck
Car
Pickup
Dump Truck
Car
Pickup
Dump Truck
Car
Pickup
Dump Truck
Car
Pickup
Dump Truck
Dump Truck
Dump Truck
Pickup
Car
Pickup
Dump Truck
Pickup
Dump Truck
Pickup
Dump Truck
Pickup
Dump Truck
6.0
6.0
.5
2.0
1.0
7.0
0.5
3.5
6.0
0.5
3.5
3.5
6.5
6.5
1.0
6.5
7.0
0.5
7.5
7.5
0.5
6.0
6.5
0.5
7.0
7.5
6.5
8.0
8.0
0.5
4.5
4.5
6.5
8.0
7.0
7.0
5.0
5.0
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
hours @
7.50
12.50
7.50
12.50
7.50
12.50
7.50
7.50
12.50
7.50
7.50
12.50
7.50
12.50
7.50
7.50
12.50
7.50
7.50
12.50
7.50
7.50
12.50
7.50
7.50
12.50
12.50
12.50
7.50
7.50
7.50
12.50
7.50
12.50
7.50
12.50
7.50
12.50
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
hr.
45.00
75.00
3.75
25.00
7.50
87.50
3.75
26.25
75.00
3.75
26.25
43.75
48.75
81.25
7.50
48.75
87.50
3.75
56.25
93.75
3.75
45.00
81.25
3.75
52.50
93.75
81.25
100.00
60.00
3.75
33.75
56.25
48.75
100.00
52.50
87.50
37.50
62.50
MAINTENANCE EQUIPMENT GRAND TOTAL 1853.75
STORM RATE INQUIRIES
The Non -Point Source Storm Sewer charges appeared on property
owners' tax bills for the first time this past October. In most
cases, the combined rate increase for the sanitary and storm charges
were relatively minimal for single-family residences. WVSD
anticipated that most of the inquiries regarding the new charges
would come from the owners of commercial, multi -family, and
industrial properties. As of December 1992, a total of less than ten
calls had been received by the WVSD engineering staff.
At the end of October, Richard Urbach, Financial Assistant, sent
letters to a group of commercial property owners in the district
regarding the breakdown of sanitary and storm rate charges. So far,
no calls have been received from these owners.
The first call was received in mid -October from a fairly irate
property owner. The property in question was a small lot zoned as a
planned development in the City of Campbell. The WVSD staff who
fielded the call were subjected to a thirty minute verbal assault by
the property owner. Our recommendation was that she write a letter
to the district manager voicing her concerns. No response has been
received to this date. Research revealed that the total storm charge
for the property amounted to $53.00.
Subsequent calls have been of a more business -like nature. The
majority of these calls came from owners who wanted an explanation of
how the charges came about and what the funds would be used for. A
description of the rate schedule and some background on the Non -Point
Source program generally is enough to answer all of their questions.
One case was brought to our attention regarding a rate
adjustment for a property owner in Los Gatos. The 2.76 acre parcel
had both a single-family residence and a secondary rental cottage on
it. WVSD records had indicated the property as a multi -family
residential lot. This designation is usually reserved for apartment
complexes, condominiums, etc. Because storm charges for this
category are based on total square footage of the lot, the owner was
being billed approximately $250.
An inspection of the property revealed that the majority of the
land is undeveloped. WVSD felt that the property was being billed
incorrectly as a multi -family residential lot. For this reason, the
owner's tax bill for the upcoming year will be re -adjusted to reflect
billing for two single-family residences on the property. A refund
was issued to the owner for the difference between what was paid this
year and the newly adjusted rate.
There is no doubt that similar cases regarding rate adjustments
will arise. It is with these inquiries by the property owners that
WVSD will be able to iron out the discrepancies in the billing
procedure. In the long run, a continuing effort by WVSD to educate
and inform the public about the Non -Point Source program and the
Storm Sewer Maintenance project will lead to a decrease in the
overall number of calls.
•
WEST VALLEY SANITATION DISTRICT
OF SANTA CLARA COUNTY
100 East Sunnyoaks Avenue
Campbell, California 95008
Telephone (408) 378-2407
November 17, 1992
Craig D. Sawyer
63 Highland Ave.
Los Gatos, CA 95032
RE: Storm/Sanitary sewer fee refund
APN 529-36-044
Dear Mr. Sawyer,
SERVING RESIDENTS OF
CITY OF CAMPBELL
TOWN OF LOS GATOS
CITY OF MONTE SERENO
CITY OF SARATOGA
UNINCORPORATED AREA
Upon completing our investigation of the storm sewer charges for
your property, the district has decided that an adjustment to the
fee rates will be made.
Your next tax bill will reflect a storm charge for two single-family
residences instead of the current multi -family residence
designation. The new fees will amount to $18.00 per year ($9.00 for
each residence on the property).
In the meantime, the district will reimburse you for the difference
between what you paid this year ($252.97) and the adjusted fees
($18.00). A check in the amount of $234.97 will be sent to you
promptly.
Also, the dye test performed by our inspector on 11/17/92 has
confirmed that both your residence and the secondary unit are
serviced by a septic tank system.
Because your property has been billed for sewer service charges in
the past, you are entitled to a refund of those fees paid for the
past three years (the maximum allowed by the WVSD Ordinance Code).
Please speak to Richard Urbach in our office for further details
regarding this issue.
If you have any further questions, please don't hesitate to call.
Thank you for your understanding and cooperation in this matter.
Very truly yours,
William A. Gissler
District Manager and Engineer
by Don To
Engineering
Technician
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575,200 554,800
RESERVE (Contingency)
/3/8 y2 2. Stencil storm inlets and/or community outreacn 0 1,000- I
/3/B D3 3. Develop & adopt town storm water management plan 4,200 400 1
2
/8 �¢ 14. Update storm sewer master plan
13,000 300
aywn or Los GATOS/WEST VALLEY SANITATION DISTRICT
.IaB /(%. A� 1i911T WVSD TOWN
/2; Coo
%3/g-4/ 1. Develop fee structure-4 collection system $0,300 500
2. Develop & adopt ordinances, regulations,
- /3/8 -¢2 Best Management Practices (BMPs) 500 3,000
/34,431 3. Reporting & record keeping 2 ou 2,000
0,2
/3/6?„4`f'j 4. Santa Clara Valley Non -Point Source Participation )5 40,000
B. PERMITS/ENFORCEMENTIINSPECTION/INVERCIGATIONS
/3/8-8/ 1. Develop comprehensive plan for locating &
r eliminating illicit connections. 6,000 2,300
12. Respond to illegal dumping incidents & follow-up.
/3/8--821 Enforce BMP's ordinances & regulations. 6,000 1,500
',coo
/,3/8-8331II 3. Industrial permit follow-up -2606- 300
/ /8- 5 J 4. Sort, review and file industry responses r� $OC
rI4I1 Notice of Intentions (NOI) 3,500 200
/. 2/Q_87 7. Industrial Monitoring Program - Do and/or review, 500
✓ o including annual report sampling for violations. -2 tr 200
/3/p, 8g 8. Review developments over 5 acres for general permit
O compliance: NOI erosion and sediment control. 100 500
- C. PFBLZC En-CAT:MN AND A_SSISTANcg
1. Indus notification & education ucation (BMP's, posters,
etc.) Respond fa ;x77,4 'i cs 1,000 100
D. STORM SEWER MAINTENANCE AND IMPROVEMENT
/3/g z2/ 1. Perform annual inspection & cleaning of system, < ,' 1p 00
record, and report. 20,000 500
5. Review existing facilities, Storm water Pollution
4.949 BJr Prevention Plans (SWPP). Inspect for compliance. ;.GCD
Report to Board. 4,4.06-• 300
/.3/8-8 6. Review industry SWPP plans (new developments) 2,g'gg 200
/;/a -70� . :tew development control measures, develop, propose
0 1/ for implementation and incorporate into design
standards. 300
1,000
SUB -TOTALS
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0 0
0 0
APPENDIX E
R TOWN OF LOS GATOS
DATE
PROBLEM
ELIMINATED
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FOLLOW-UP ACTION
Photos were taken. It is unknown
where grease came from. Investigated
inside Pedro's. They have their
grease hauled off in 55-gal. drums.
Management was informed.
Employees state that they had washed
the grease into storm drain with hot
hose. We will be monitoring them.
Met with Ray White, Manager. He
explained and verified that all cleaners
and soap being used are
biodegradable and safe for the
environment
Contacted owner of back hoe. Met
him at site of spill. He used a dry
sweep material and cleaned up spill
Met with management from LAGO
Systems and informed them of
situation. Probably dumped by
contractor
Called Coast Concrete and advised
them to clean curb and gutter from
their construction work.
Advised contractor to purchase
additional plastic and to cover piles
to prevent runoff into storm drain
0
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COMMENTS
West Valley Sanitation informed me
of grease build-up in the storm drain
in front of Pedro's Restaurant
Employees stated that there had
been an accidental spill of grease
in back of restaurant
There was a foaming problem
across the street in storm drain
possibly from soap being used
Juveniles had spilled a 5-gal.
container of hydraulic fluid off of
back hoe trailer over the weekend
West Valley Sanitation informed me
that there had been possible illegal
dumping of painting materials into
Storm Drain
Concrete waste from construction
work on sidewalk, washed off tools
and possibly washout from truck
12/10/92 3:45 p.m. 700 Blossom Hill Rd. Yes Rain runoff from dirt piled up from
EXXON Gas Station tank being replaced. Not enough
(Commercial) plastic to cover piles
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LOCATION
N Santa Cruz Ave.
Storm drain in front of
Pedro's Restaurant
340 N. Santa Cruz Ave.
(Commerical) restaurant
Los Gatos Cafe
354-4647
657 University Ave.
Mary's Auto Detail
(Commercial)
Parking Lot at Oak
Meadow Park
131 Albright (Commerical)
LAGO Systems
532 N. Santa Cruz Ave.
(Commercial)
Construction
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Met with Linda, Corporate Manager
notified her of the problem. She
stated that it was not from
Jack -in -the -Box
Took Photos called Public Works
and had them pick up water heater
car batteries, 5-gal. bucket of waste
oil and 5-gal. buckets of paint
Advised contractor to completely
cover all piles and to prevent runoff
from site
Advised operator to find somewhere
else to wash out pumpers waste
Leaking from piping. Called Central
Fire District had hazard crew come out
and investigate. They verified leak.
Temporary containment.
will monitor clean up
.V\,d11r1m 1 .I
PROBLEM
FOUND
to
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COMMENTS
Food grease waste released
into storm drain from parking lot
drain
Received call from Bill York
203 Palmer Dr. - 866-2450
Advised us of situation
Large amount of runoff from dirt
piles over curb and into storm drain
Concrete pumper washing out on
street. Off -site. GAFFNEY
Pumping, Inc.
Center of parking lot up lifting
had plumber dig up. Exposed
piping from former gas station tanks.
Possible leakage.
OJ
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LOCATION
Jack -in -the -Box
Los Gatos Blvd.
356-1049
(Commerical)
Wedgewood and
Wimbledon Waste
located on public
streets
700 Blossom Hill Rd.
EXXON Station
(Commercial)
104 Oak Hill (Residential)
335 N. Santa Cruz
Office Bldg. parking lot
ground rupturing
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APPENDIX G
TOWN OF LOS GATOS
RESPONSE PLAN TO ILLEGAL DUMPING
INTO WATER COURSES
The following is a description of how an illegal discharge reported by the general public
or discovered by routine inspection is to be handled by the Central Fire Districts, the
Santa Clara Valley Water District and the Town of Los Gatos.
1. Call 9-1-1. Los Gatos Dispatch will notify the fire district and the State Department
of Fish and Game.
2. The responding fire official will make the decision as to whether or not to call the
Hazmat Team.
3. If the discharge is suspected of being hazardous, the Hazmat Unit is dispatched
to handle the discharge. The Santa Clara Valley Water District Hazmat Team will
also be notified.
4. If the discharge is not hazardous but still is illegal, West Valley Sanitation District
(WVSD) and the Town will be notified by the Fire District.
Town of Los Gatos -
West Valley Sanitation District -
Chris Mansfield
Joe Spiteri
(408) 354-6870
(408) 378-2407
The role of the Town (and its agent West Valley Sanitation District) is to eliminate all illegal
discharges and to handle the non -hazardous discharges that can be traced to storm drain
outfalls. Whether the illegal discharge is determined to be hazardous or non -hazardous,
the Town staff will attempt to trace the source of the discharge. The procedures to trace
and identify the discharges are descried in "A Manual for the Investigation and Elimination
of Illegal Dumping" prepared by the Santa Clara Valley Nonpoint Source (SCVNPS)
Program consultant.
When a non -hazardous discharge is identified, staff will take the following actions:
1. Obtain the full description of the discharge:
location of discharge
• apparent source, if any
• appearance (color, odor, oily, etc.)
• other observations (surrounding activities, weather conditions, such as rain,
abnormal flows, etc.)
L32\misc\water
1
2. Consult map and identify outfall and any other potential sources of illegal dumping.
3. Go to the location.
4. If flow is observed, locate outfall and record observations.
5. If flow is observed, collect sample of outfall discharge in pre -prepared and labeled
sampling bottles - follow rules in manual to collect laboratory samples that address
quality assurance, sampling and chain -of -custody procedures. Also collect sample
to be analyzed using field kits.
6. If flow is observed, trace the flow to the source.
7. Determine if flow is illegal or if it is a permissible discharge.
8. Determine corrective action and ascertain the need for citation for violation on a
case by case basis.
9. If analysis of laboratory samples are needed, deliver samples in cooler to
laboratory.
10. Receive and interpret results of analysis.
11. Follow-up with enforcement actions as appropriate until resolved.
L32\mi sc\water
2
APPENDIX H
ORDINANCE 1905
ORDINANCE OF THE TOWN OF LOS GATOS
ADDING ARTICLE III TO CHAPTER 13 OF THE TOWN CODE TO
REGULATE THE USE OF WOOD BURNING APPLIANCES
The Town Council of the Town of Los Gatos does hereby ordain:
SECTION I
Section 13.30.010 is added to read as follows:
Section 13.30.010. Restrictions on wood burning appliances.
It shall be unlawful to:
(a) Use fireplaces and other wood burning appliances when the Bay Area Air
Quality Management District issues the "Don't Light Tonight" warning and when an
alternate approved heat source is available.
(b) Sell, advertise, transfer, install or replace a wood burning appliance that does
not meet minimum EPA Phase II Certified Standards or equivalent.
(c) The following appliances are exempt from this Section:
(1) Wood burning appliances that are designed primarily for food
preparation.
(2) Environmental Protection Agency (EPA) - Phase II certified appliances
and approved equals.
(3) Historic wood burning appliances as determined by the Building
Official and the Planning Director.
(4) Appliances of unusual character as determined by the Building Official.
SECTION II
Section 13.30.020 is added to read as follows:
Section 13.30.020. Fuel for wood burning appliances.
It shall be unlawful to burn garbage, plastics, rubber, waste solvent, paint, oil, painted
or treated wood, particle board, plywood, salt -water driftwood, coal, glossy or colored paper,
1
and any other fuel which produces noxious, corrosive or toxic smoke and fumes in wood
burning appliances.
SECTION III
This Ordinance takes effect 180 days after the date it is adopted. Within 15 days
after this ordinance is adopted, the Town Clerk shall cause it to be published once in a
newspaper of general circulation published and circulated in the Town, Los Gatos,
California.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on May 18, 1992, and adopted by the following vote as an Ordinance
of the Town of Los Gatos at a regular meeting of the Town Council on June 1, 1992.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Brent N. Ventura,
Mayor Eric D. Carlson
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED:
A'1"1'EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
yttct,u(_<c.,„5-d
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
APPENDIX I
•
y
HE/ -I STOP
Before you pour
anything into the
gutter or down the
drain. atop and thinkl
POINTLESS POLLUTION
Storm drains go directly .
Into creeks and rivers _
— and through the
marshes to the bay.
You could say that all pollution is pointless, but one variety of water pollution is
actually called "Nonpoint Source" pollution. It is a form of pollution that every individual
can do something about.
Nonpoint Source pollution is caused by wastes and pollutants accumulating on streets, yards, and
paved areas in cities, washing into gutters or storm drains during rain storms, and then flowing into San
Francisco Bay. Unlike pollutants that may enter the bay from "point sources" such as sewer or industrial
discharge pipe, nonpoint sources come from a variety of sources. These include parking lots, streets,
construction sites, gutters, and other surfaces in both residential and business neighborhoods.
Nonpoint source waste flows directly into the bay without any kind of treatment, unlike waste water
which flows through sewers and is treated at a water pollution control plant. Studies of the impact of this
kind of pollution estimate that 60 to 80 percent of metals and other pollutants hazardous to fish and
marine life, come from nonpoint sources and urban runoff.
Los Gatos has joined with other cities in Santa Clara County and the Santa Clara Valley Water District
to find effective solutions to reduce the amount of nonpoint source pollutants entering the bay. This
effort includes continuing studies to determine where specific pollutants come from, methods for
reducing their amounts, and informing the public of steps that it can take to reduce water pollution.
Enclosed is The Bay Begins At Your Front Door!' This colorful and informative booklet identifies several
"non -point source" pollutants and offers practical solutions.
Other booklets are available upon request (call Chris Mansfield at 354-6870 - 24 hr voice mail) or pick
them up at the Civic Center Library.
► Pests Bugging You? - Common -Sense Techniques & Less -Toxic Products For Pest Control
► Take Me Shopping - A guide to household products which are less hazardous to the
environment
► Your Home and Hazardous Materials - Contains an informative chart on alternative material and
proper disposal methods
Currently volunteers are completing the Storm Drain Stenciling Program. Each of the 1,100 storm drains
will receive the "No Dumping - Flows To Bay" stencil. Special thanks to the:
► Lions Club of Los Gatos - volunteer labor
► Rural Supply - donated materials
If you or your organization would like to participate or donate to future non -point
source projects, please contact Chris Mansfield at 354-6870.
WEST VALLEY SANITATION DISTRICT
OF SANTA CLARA COUNTY
100 East Sunnyoaks Avenue
Campbell, California 95008
Telephone (408) 378-2407
March 2, 1993
Scott Baker
Director of Building and
Engineering Services
Town of Los Gatos
P. O. Box 949
Los Gatos, CA 95031
RE: Storm water management program
Dear Scott:
SERVING RESIDENTS OF
CITY OF CAMPBELL
TOWN OF LOS GATOS
CITY OF MONTE SERENO
CITY OF SARATOGA
UNINCORPORATED AREA
Attached is the district's check in the amount of $31,810
for the first half -year revenue distribution for fiscal
1992-93. During this period the district received a total
revenue from Los Gatos property owners of $78,018.41. Of
this total, $41,208 was retained by the district for
expenses through January 3, 1993; $31,810 is herewith
transmitted to the town, and $5000.41 is being retained in
the "Storm Drainage Zone Reserve Account."
The district also acknowledges receipt of the revised budget
for the 1992-93 fiscal year. This revision agreed to at our
meeting on February 24, 1993, rebudgets $69,800 to the town
and decreases the reserve to $5,000. The district's budget
of $75,200 does not change.
Very truly ours,
7:61(
tom/
William \ . Gissler
District Manager/Engineer
enclosure
1:933
TO r; s
i_ss Gt gas s f��aT
C1�uii•i::�?�ii•1G 4E
(FORMERLY COUNTY SANITATION DISTRICT NO. 4)
ATTACHMENT 2
RESERVE (2)
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tax roll
6. Review industry SWPP plans (new developments)
2 RizArula 2--2s -93
STC 1ATER MANAGEMENT PROGRAM C)13-eA
TISCAL 1992-93
TOWN 0! LOS GATOS/WEST VALLEY SANITATION DISTRICT
WVSD Tom `
ACTIVTIT
1. Develop fee structure & collection system
2. Develop & adopt ordinances, regulations,
Best Management Practices (BMPs)
i2000
18 , 300— 500
3. Reporting & record keening
4.
Santa Clara Valley Non -Point Source Participation
500-3-r049- 5 006
Z ee •-2-ra0g- 3) coo
3%5-+e•roee- 3 g, 000
1.
p INSPE_CTION1 INVESTIGATIONS
Develop comprehensive plan for locating &
eliminating illicit connections.
6,000 2.300
2. Respond to illegal dumping incidents & follow-up.
Enforce BMP's ordinances & regulations.
6,000
:tea 6; Eco
1,Ooo
3. Industrial permit follow-up- 300
4. Sort, review and file industry responses
Notice of Intentions (NOI)
i, Soo
};59fr- 200
5, Review existing facilities. Storm Water Pollution i,00o
Prevention Plans (SWPP). Inspect for compliance. 300
Rep_ ort to Board. '74's-
3 �6680- 200
7. Industrial Monitoring Program - Do and/or review, -500
including annual report sampling for violations. .2-1.40- 200
8. Review developments over 5 acres for general permit
compliance; NOI erosion and sediment control. 100 500
c. Inaus:JammrmcN MD ASSIS:ANC7;
1, Industry notification & education (BMP's, posters,
etc.) Re5,00/7d i4o i/-177 ii-ves 1,000 100
D. STORM SEWER MAINTENANc`: AND Tv.pvovE.*!E'NT
1, Perform annual inspection & cleaning of system.
record, and report.
2!, 700
. O
500
2. Stencil storm inlets and/or community outreach
0 --rase- eel°
3. Develop & adopt town storm water management plan
4,200 400
4. Update storm sewer master plan
13,000 800
5. New development controlmeasures. develop, propose
for implementation and incorrorate Into design
standards.
300 1,000
SUB -TOTALS
RESERVE (Contingency)
TOTAL
575,200 S15'47S00 O)ge
22411-8.e$ 5; 060
5150,000
March 15, 1993
Los Gatos, California
PRESENTATIONS/AMERICAN WITH DISABILITIES ACT/SUB-COMMITTEE (XXX.20)
Mayor Benjamin presented commendations from the Town to the members of the Americans
with Disabilities Act Sub -Committee. The following people received this recognition from the
Town: Dean Cormany, Sandy Decker, Karl Dinger, Tom Dodge, David Flick, Warren Jacobsen,
Jim Lewis, C. Edward Meserve, Jewel Peyton, Sharon Turzo, Terry Stimpson and Mary Jane
Whiteford.
SCHEDULE OF PUBLIC HEARINGS (01.01)
Informational report regarding currently scheduled public hearings was received and filed.
PAYROLL/RATIFICATION/FEBRUARY 1993 (02.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check
registers for payroll of February 14 through February 27, 1993 in the amount of $220,898.50, paid
on March 5, 1993. Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1993 (03.V)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify accompanying check
registers for accounts payable invoices in the amount of $166,863.99 paid on March 5, 1993.
Carried unanimously.
MID-YEAR/BUDGET REPORT/NONPOINT SOURCE (04.06)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council accept the mid -year budget
report con the cooperative effort between the West Valley Sanitation District and the Town.
Carried unanimously.
CLAIM/DON & NANCY JEROME (06A.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Don and
Nancy Jerome filed February 9, 1993 with the Town Clerk. Carried unanimously.
CLAIM/LEO KESSELMAN (06B.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Leo
Kesselman filed February 18, 1993 with the Town Clerk. Carried unanimously.
CLAIM/JAMES C. HENDERSON (06C.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of James C.
Henderson filed January 29, 1993 with the Town Clerk. Carried unanimously.
CLAIM/JACQUELINE N. WILLIAMS (06D.01)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Jacqueline
N. Williams filed January 29, 1993 with the Town Clerk. Carried unanimously.
INTERIM TOWN ATTORNEY/JAMES JACKSON/AGREEMENT/RESOLUTION 1993-32 (07.10)
Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993-32
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH JAMES P. JACKSON FOR
INTERIM TOWN ATTORNEY SERVICES. Carried unanimously.
TC: D5: MM031593
2