Staff Report Adoption of a Resolution Committing the Town of Los Gatos to the Joint Application to the Regional Water Quality Control Board for the NPDES Permit in Support of the Santa Clara Valley Non-Point Source Control ProgramOro
Council Agenda
Date: 4/2/90
Item:
TOWN OF LOS GATOS
Council Agenda Report
DATE: May 29, 1990
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT F. BEYER, INTERIM TOWN MANAGER
SUBJECT: ADOPTION OF A RESOLUTION COMMITTING THE TOWN OF LOS GATOS TO THE JOINT
APPLICATION TO THE REGIONAL WATER QUALITY CONTROL BOARD FOR THE NPDES
PERMIT IN SUPPORT OF THE SANTA CLARA VALLEY NON -POINT SOURCE CONTROL
PROGRAM
RECOMMENDATION:
It is recommended that the Town Council:
1. Adopt the resolution authorizing the Mayor to sign the agreement with the other fourteen agencies for
the joint NPDES application to the Regional Water Quality Control Board, committing to the Town's
participation in the Santa Clara Valley Non -Point Source Control Program to the best of its potential.
2. Direct staff to develop estimates of fiscal impact during the 1990-91 Capital Improvement Program and
Operating Budgets for
a. The Town's participation in the area wide Non -Point Source Control Program
b. Upgrading the Town's own on -going maintenance program which could be credited towards the
Town's fiscal obligation to the Joint Application.
c. The Town's specific plan for its participation in the Non Point Source Control Program/community
specific.
EXECUTIVE SUMMARY:
Information has been previously submitted to the Town Council regarding the history of the Santa Clara
Valley Non Point Source Control Program.
(The Santa Clara Valley Non -Point Source Control Program is an aggressive pro -active program to effectively
control pollutants at their source. Results of the program and study thus far is reported in three volumes.
Copies of Volume III are provided. This volume describes the program in layman terms, and is recom-
mended to be reviewed).
(Continued on Page 2)
PREPARED BY: CHRISTINE L. FISCHER
Town Engineer
CLF:Ikj
EN05\CNCLRPTS\4-2#1
Reviewed by: Attorney
TOWN COUNCIL ACTION DIRECTED TO:
ACTION OF COUNCIL:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF A RESOLUTION COMMITTING THE TOWN OF LOS GATOS TO THE JOINT
APPLICATION TO THE REGIONAL WATER QUALITY CONTROL BOARD IN SUPPORT OF THE
SANTA CLARA VALLEY NON -POINT SOURCE CONTROL PROGRAM
APRIL 2, 1990
This program has been developed to comply with the following state and federal water quality control
programs and regulations:
* 1986 Basin Plan
* Federal Clean Water Act Sections 305, 304(1), 319, and 402)(p)
SWRCB Proposed Pollutant Policy Document
* EPA Proposed NPDES Stormwater Permit Regulations and to respond to increasing concern of the
public and elected officials about the health of South San Francisco Bay and tributary streams.
The program consists of a series of actions that would be implemented under the regulatory direction of a
National Pollutant Discharge Elimination System (NPDES) permit developed by the program. The major
components of the program include:
* Illicit Connection Program
* Illegal Dumping Program
* Area -wide Stormwater Management Program
* Community Specific Stormwater Management Program
Areawide, a stormwater control plan, an ongoing monitoring of the established stations, and the actual
program administration is incorporated as part of the Santa Clara Valley Non Point Source Control Program.
These tasks are specified in the application to the Regional Water Quality Control Board (RWQCB) for the
NPDES permit.
In addition to the scope of work necessary to implement the aforementioned, a specific Town program will
have to be submitted and activated to comply with the requirements of the RWQCB. Workshops are being
held with the smaller cities to help identify which tasks identified in Tables 6-2A, B and C, Volume III are
practical for the community specific. (See Exhibit B) The first such workshop will be April 25, 1990, and staff
from both Parks, Forestry and Maintenance Services Department and Engineering will be attending. Some
tasks done locally might be a credit towards the area wide program.
The fiscal impacts of the program, and the Town's potential to participate this year, will be more fully
determined after these workshops are held and the 1990-91 budgets are developed.
DISCUSSION:
In addition to the stream monitoring segment of the program, there have been 41 measures identified that
are practical to implement either area wide or in some jurisdictions. Not all of these tasks are appropriate
for the Town of Los Gatos, but it must be shown in the Town's specific plan why a measure is impractical,
or even, impossible to implement.
A review of the measures, found in Volume III, Tables 6-2A through 6-2C (See Exhibit B) shows that these
control measures are grouped as:
a. Educational Controls
b. Regulatory Controls
c. Public Agency Controls
A plan will be developed for each city, and the implementation of the various measures will be over a five
year time frame. (See sample Exhibit C.)
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF A RESOLUTION COMMITTING THE TOWN OF LOS GATOS TO THE JOINT
APPLICATION TO THE REGIONAL WATER QUALITY CONTROL BOARD IN SUPPORT OF THE
SANTA CLARA VALLEY NON -POINT SOURCE CONTROL PROGRAM
APRIL 2, 1990
Potential measures listed that may be implemented or expanded upon are shown in Table 6-3 (See Exhibit
D). A few of them are:
E1 Educate the public about the impact of pouring/dumping oil, antifreeze, pesticides, paints, etc.
into storm drainage facilities.
E3 Educate the public about good "housekeeping" practices including the use of absorbants, cleaning
compounds, and oil/grease traps.
El Educate architects, engineers, contractors and public works personnel about the need and practical
methods for erosion control, ground water disposal, etc.
R2 Research, strengthen, and enforce regulations which gives the Town the legal authority to prevent
the improper disposal of soil, debris, refuse or other pollutants into storm drainage facilities.
R8 Require new public and private sector developments to make significant use of permeable surfaces
in new landscaping, recreation areas to maximize infiltration (e.g., bark, gravel, brick, porous
pavement). Use planted areas and/or grassy swales where appropriate, to maximize retention and
infiltration.
P1 Label storm drain inlets and provide signs along the banks of drainage channels and creeks
explaining the environmental impacts of dumping wastes.
P5 Determine the effectiveness of increasing the frequency of cleaning out storm sewer inlets, catch
basins, etc., where sediments and/or debris tend to accumulate.
SOME OF THE MEASURES IDENTIFIED WILL BE DONE AREA WIDE, AND BECAUSE OF SCALE, IT IS
COST EFFECTIVE TO PARTICIPATE WITH THE OTHER AGENCIES UNDER THE ONE PERMIT. Some such
measures are those listed under "Education." This might include the development and printing of brochures
or broadcasting on Television/Radio of public service announcements. Also, the sharing between the 15
agencies of the permit application fee and administration costs will be an advantage to the Town. The Town
staff will carefully review these measures, as to which are practical to implement while considering fiscal
impacts and creative resources (San Mateo County has enlisted Boy Scouts to stencil warnings on catch
basins regarding the hazards of dumping waste oil).
CONCLUSION:
To the question, "What if an agency does not participate in the joint permit application and the NPS
program?", the answer comes back strong and stern from the RWQCB. The noncooperative agency will
have to develop a program anyway, that will be acceptable to the Board, apply for its own permit and stand
all the administrative costs, application fees and any necessary consultant fees. The Board has the power
to impose heavy fines for noncompliance. (See Exhibit F) It is in the Town's best interest to be a part of the
NPDES permit application and the resulting program, to the best of its potential. That potential will be better
identified after the Town budget development process.
PAGE 4
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF A RESOLUTION COMMITTING THE TOWN OF LOS GATOS TO THE JOINT
APPLICATION TO THE REGIONAL WATER QUALITY CONTROL BOARD IN SUPPORT OF THE
SANTA CLARA VALLEY NON -POINT SOURCE CONTROL PROGRAM
APRIL 2, 1990
FISCAL IMPACT:
Measures implemented in the Town specific plan may possibly be applied as a credit for the Town's
participation in the area wide program. No cost estimate can be made for the community specific portion
of the program, until after the workshops, reviewing the possible measures to be undertaken by the Town.
Measures will impact both the Operating and the Capital Improvement Program budgets and will be
considered with the new fiscal year budget.
However, based on the previously used proportions of benefit assessment, the Town's share (1.74%) of the
area wide would be as follows:
Program/Cost per Year Town Share
• Development & Program
Implementation
$2,000,000
$34,800
• Ongoing Monitoring $ 6,090
$350,000
• Program Administration $ 2,610
$150,000
Total $2,500,000 $43,500
Storm Drainage fees collected will help this on -going program.
EXHIBITS:
A. Resolution
B. Tables of Potential Control Measures -Pages 6-4 through 67 Vol. III Implementation Program
C. Sample Control Matrix
D. Potential Control Measures For Los Gatos -Page 6-10 Vol. III Implementation Program
E. Agreement Providing for Implementation of Santa Clara Valley Nonpoint Source Program
F. Letter from California Regional Water Quality Control Board
DISTRIBUTION:
Steven Ritchie, California Regional Water Quality Control Board
Roger James, SCVMD
Don Wimberly, City of Campbell
Bert Viskovich, City of Cupertino
Bruce Bane, City of Los Altos
Bill Ekern, Town of Los Altos Hills
Rosemary Pierce, City of Monte Sereno
Larry Perlin, City of Saratoga
PAGE 5
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPTION OF A RESOLUTION COMMITTING THE TOWN OF LOS GATOS TO THE JOINT
APPLICATION TO THE REGIONAL WATER QUALITY CONTROL BOARD IN SUPPORT OF THE
SANTA CLARA VALLEY NON -POINT SOURCE CONTROL PROGRAM
APRIL 2, 1990
RESOLUTION 1990-82
RESOLUTION OF THE TOWN OF LOS GATOS
COMMITTING THE TOWN TO THE JOINT APPLICATION
TO THE REGIONAL WATER QUALITY CONTROL BOARD OF THE
SANTA CLARA VAl1EY NON -POINT SOURCE CONTROL PROGRAM
WHEREAS, the Bay Basin Plan, adopted by the Regional Water Quality Control
Board in implementation of the Federal Clean Water Act, requires that the Santa Clara
Valley Dischargers develop a Program to control pollution from urban runoff, or non -
point sources of water pollution in the Santa Clara Valley; and
WHEREAS, in furtherance of their responsibilities pursuant to the Basin Plan, the
parties have previously entered into agreements to jointly fund the cost of preparing an
action plan to evaluate non -point source pollutants, monitor identified pollutants and
develop control measures to mitigate or reduce non -point source pollution; and
WHEREAS, the Santa Clara Valley Dischargers desire to continue the Program; and
WHEREAS, a joint application has been prepared for a National Pollutant Discharge
Elimination System Permit for the Santa Clara Valley Discharges,
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS: the approval of the joint application with the
other Discharges in support of the Santa Clara Valley Non -Point Source Control Program
and authorizes the Mayor of Los Gatos, Tom Ferrito, to sign the agreement providing for
Implementation of Santa Clara Valley Non -Point Source Program
EN05\Cnclrpts\4-2# 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 2nd day of April, 1990, by the following vote:
cCOUNCIL MEMBERS:
AYES: Joanne Benjamin, Robert L. Hamilton, Mayor Thomas J. Ferrito
NAYS: None
ABSENT: Eric D. Carlson, Brent N. Ventura
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A'I"1'EST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EN05\Cnclrpts\4-2# 1 2
3(0
April 2, 1990
Los Gatos, California
LIBRARY/EXPENDITURES FOR PROPERTY ACQUISITION
DEEDS OF TRUST/PROMISSORY NOTES/RESOLUTION 1990-81
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council make the finding that the
proposed location for the library is in conformity with the General Plan and Downtown Specific
Plan because the Civic Center is to be the primary location for Town Services, and that Council
adopt Resolution 1990-81 entitled,RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING EXPENDITURE OF FUNDS FOR THE ACOUISITION OF PROPERTY FOR
THE SITE OF A NEW TOWN LIBRARY. AUTHORIZING AMENDMENT TO THE
PURCHASE AND SALE AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE
THE AMENDMENT TO PURCHASE AND SALE AGREEMENT AND RELATED DEEDS OF
TRUST AND PROMISSORY NOTES. Carried by a vote of three ayes. Mr. Carlson and Mr.
Ventura absent.
LIBRARY/CERTIFICATES OF PARTICIPATION/PROPERTY ACQUISITION
CONSTRUCTION FUNDS/ABAG POOLED FINANCING PROGRAM/CONTINUED
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that the consideration of approval of
resolution for the issuance of $5.1 million in Certificates of Participation for library and parking
garage site acquisition and construction be deferred to such time as there is a full Council.
Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent.
WATER QUALITY CONTROL BOARD/RESOLUTION 1990-82
NON -POINT SOURCE CONTROL PROGRAM/NPDES PERMIT
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council adopt Resolution 1990-82
entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMITTING THE TOWN TO
THE JOINT APPLICATION TO THE REGIONAL WATER DUALITY CONTROL BOARD OF
THE SANTA CLARA VALLEY NON -POINT SOURCE CONTROL PROGRAM, which authorizes
the Mayor to sign the agreement with the other fourteen agencies for the joint NPDES
application to the Regional Water Quality Control Board. Further to direct staff to develop
estimates of fiscal impact during the 1990-91 Capital Improvement Program and Operating
Budgets for the following: A) The Town's participation in the area wide Non -Point Source
Control Program. B) Upgrading the Town's own on -going maintenance program which could
be credited towards the Town's fiscal obligation to the Joint Application. C) The Town's specific
plan for its participation in the Non -Point Source Control Program/community specific.
Carried by a vote of three ayes. Mr. Carlson and Mr. Ventura absent.
WATER PROHIBITIONS/MANDATORY REDUCTIONS/URGENCY ORDINANCE
Motion by Mrs. Benjamin, seconded by Mr. Hamilton, that Council defer consideration of
adoption of ordinance declaring the existence of a condition of drought and providing for
mandatory reductions and specific prohibitions of water use until such time as there are a
majority of Councilmembers in attendance. Carried by a vote of three ayes. Mr. Carlson and
Mr. Ventura absent.
TC: D1:040290
7
VIRGINIA'S
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
ACTION
AGENDA ITEM: L
RESOLUTION/ORDINANCE NUMBER DESCRIPTION: R) 9
DAM
BY
LIST IN BOOK
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ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
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WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
..
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TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
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ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET, MARLYN WILL ENTER
INTO ECM WHEN SHE RETURNS
FILE IN VAULT
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
DEPARTMENT DISC ON FILE WITH CLERK? YES: NO:
Number:
Date of Adopt:
RESOLUTION
"-\UoSC"11,c\N-•0-s\‘1. aVc.\
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
COUNCIL ACTION:
AYES: 1^,
(1)
NAYES:
ABSENT: CGS Lpi-'1/4.ttlls�
ABSTAIN:
COUNCIL MEMBERS NAMES:
Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton, Brent N. Ventura
•
Mayor Thomas J. Ferrito.
ORDINANCE
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
CLK: D4:\OTHER\ORDRES
RESOLUTION 1990-82
RESOLUTION OF THE TOWN OF LOS GATOS
COMMITTING THE TOWN TO THE JOINT APPLICATION
TO THE REGIONAL WATER QUALITY CONTROL BOARD OF THE
SANTA CLARA VAIIEY NON -POINT SOURCE CONTROL PROGRAM
WHEREAS, the Bay Basin Plan, adopted by the Regional Water Quality Control
Board in implementation of the Federal Clean Water Act, requires that the Santa Clara
Valley Dischargers develop a Program to control pollution from urban runoff, or non -
point sources of water pollution in the Santa Clara Valley; and
WHEREAS, in furtherance of their responsibilities pursuant to the Basin Plan, the
parties have previously entered into agreements to jointly fund the cost of preparing an
action plan to evaluate non -point source pollutants, monitor identified pollutants and
develop control measures to mitigate or reduce non -point source pollution; and
WHEREAS, the Santa Clara Valley Dischargers desire to continue the Program; and
WHEREAS, a joint application has been prepared for a National Pollutant Discharge
Elimination System Permit for the Santa Clara Valley Discharges,
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS: the approval of the joint application with the
other Discharges in support of the Santa Clara Valley Non -Point Source Control Program
and authorizes the Mayor of Los Gatos, Tom Ferrito, to sign the agreement providing for
Implementation of Santa Clara Valley Non -Point Source Program
EN05\Cnclrpts\4-2#1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos held on the 2nd day of April, 1990, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Robert L. Hamilton, Mayor Thomas J. Ferrito
NAYS: None
ABSENT: Eric D. Carlson, Brent N. Ventura
ABSTAIN: None
SIGNED:
/s/ Thomas J. Ferrito
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A 1"1'BST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EN05\Cnclrpts\42# 1 2