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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 • 3f1NHA•1H NV21'; {Q021d J.NH{VkVd (INO,,_.,; I in 1 li 1 1 01 I N ,i,:! I II . : m 1 IV IN 0 i 1 i I 11111 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 O 0 0 0 ` % O 0 O 0 el ed r N (ft ri Ln N a O En 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 1; M u dIINilAdtI Ivy iI )Utld WOa1 ,LNgI AVd 'AS C C I! k,..) ..- I— N N 1,0 ti sfl WOad UA LNdW,Vd J J WaPJ .LS lad 1I4 .11J o _J.LL 11 u Id ^te oc i !I C Y z a' w Q. a :� —to y cc J O 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 NIJ 3 0 0 o 0 0 0 0 0 APPENDIX E R TOWN OF LOS GATOS DATE PROBLEM ELIMINATED 0)\ CO N \ 0) N \ \ (p - N O\ N T c T N \ O N N 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 LL 5 <c 0 PROBLEM FOUND N >- N >- z >- >- N(13 >- >- CC a. z 0 I J 1J z z 0 J 5 J J_ r z Zcn i E D D 5 W J J_ C ) L. 0 Z O U 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 0 r } (0 } O Z O Z cn } 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 u L z W 2 1— E O_ (? 60 E O_ ON T `� co O E 6 O m E 6 0 60 E o 0 W I-- \ \ N 0) \ CV N N O) \ N N 0) \ N CD \ N 0) \ CO \ r CO a) CO z 0 H n U a i a_ D n 0 J J L 0 ) LL s a ) 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 >- (0 >- (f) } >- >- 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 LL Z Z n) } a) >- 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 W 2 ~ E Q MO r E ci O N E. 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'OW TA a_ ir,,*Av e ItNb ♦ �. ♦ 'fir. �1�rfrr ���� AIWA ?4di ,►�,__ PAL Ca 3w t �1 `ram 4 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) In +'I'. 0 N o In Cr, 0 to 0 Its CO N EI � 1-i 1-1 r U CO 01 0 0 ❑ N d• > >4 H 1-i 0 ❑ 3 47,603.98 89,148.99 78,018.41 %r In co) n >4 aW 0)+) 0 0 0 r-1 0 CO 0 0 0 10 G 0 0 0 In U G) «-1 - •rl 111 N to In 1-1 r4aw r•+ 0 O 0) r-i N .0 C7 0) 04 0 0 0 u a z $174,46.7..94 0 0 N N M ch- •ri .--1 3-4 0 r--I -H • r i "0 • r 1 0 0 3 A 0 •ri 7:3u-14J -,..1 •r.1 U 0 U) U •ri -N as � b1 -IJ U) g CO U2 rtl 't:) 0 (0"0 0 0 = 0 0 0 -ra U A +P CO O N 0 O 0 •1-1 ( U O--H •r-1-1 CO $4 -P u) O 4 a� +) mro 4 0 0 0 It AN4 0 ti) O MI P a) • OO10?i +)U 0 s~ r-1 (t •U m v$4 O 4A r-1 0 • U) +J CU 0�u) 0y 5 0 $4 +--I 9r1 +1 $4 IIOi •� +V u) CD 0�2.0 1� 0-1 w 4) 0 'L3 0 94 9r•1 a) 5003 +I.[ rn--H00 a0 0 4-1 •ra C a•ri k C b 0 c $ 04 a) 14 'cy co 0 1-i a) a) -C 0 U) U 0 A cj m 0 - U r-i .Q $4444-1I0 r-IN b'O•r0•Ig 30 E 0 I'd •r1 01 � 4-I 4-) 4J r 0 0 U) 0 CO +) .1.) •r1 91'j a) C U)V 5 0 U 4 0A 0 0 0 E+ >a+)A H a ri N tax roll 6. Review industry SWPP plans (new developments) 2 RizArula 2--2s -93 STC 1ATER MANAGEMENT PROGRAM C)13-eA TISCAL 1992-93 TOWN 0! LOS GATOS/WEST VALLEY SANITATION DISTRICT WVSD Tom ` ACTIVTIT 1. Develop fee structure & collection system 2. Develop & adopt ordinances, regulations, Best Management Practices (BMPs) i2000 18 , 300— 500 3. Reporting & record keening 4. Santa Clara Valley Non -Point Source Participation 500-3-r049- 5 006 Z ee •-2-ra0g- 3) coo 3%5-+e•roee- 3 g, 000 1. p INSPE_CTION1 INVESTIGATIONS Develop comprehensive plan for locating & eliminating illicit connections. 6,000 2.300 2. Respond to illegal dumping incidents & follow-up. Enforce BMP's ordinances & regulations. 6,000 :tea 6; Eco 1,Ooo 3. Industrial permit follow-up- 300 4. Sort, review and file industry responses Notice of Intentions (NOI) i, Soo };59fr- 200 5, Review existing facilities. Storm Water Pollution i,00o Prevention Plans (SWPP). Inspect for compliance. 300 Rep_ ort to Board. '74's- 3 �6680- 200 7. Industrial Monitoring Program - Do and/or review, -500 including annual report sampling for violations. .2-1.40- 200 8. Review developments over 5 acres for general permit compliance; NOI erosion and sediment control. 100 500 c. Inaus:JammrmcN MD ASSIS:ANC7; 1, Industry notification & education (BMP's, posters, etc.) Re5,00/7d i4o i/-177 ii-ves 1,000 100 D. STORM SEWER MAINTENANc`: AND Tv.pvovE.*!E'NT 1, Perform annual inspection & cleaning of system. record, and report. 2!, 700 . O 500 2. Stencil storm inlets and/or community outreach 0 --rase- eel° 3. Develop & adopt town storm water management plan 4,200 400 4. Update storm sewer master plan 13,000 800 5. New development controlmeasures. develop, propose for implementation and incorrorate Into design standards. 300 1,000 SUB -TOTALS RESERVE (Contingency) TOTAL 575,200 S15'47S00 O)ge 22411-8.e$ 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