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West Valley Clean Water Program BudgetMEETING DATE: 04/07/15 ITEM NO: 1 ��8 CAS °b COUNCIL AGENDA REPORT DATE: MARCH 27, 2015 TO: MAYOR AND TOWN COUNCIL FROM: LES WHITE, INTERIM TOWN MAN SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UPDATE STAFF RECOMMENDS THAT THE TOWN COUNCIL: A. APPROVE THE FY 2015/16 WEST VALLEY CLEAN WATER PROGRAM BUDGET AND AUTHORIZE THE WEST VALLEY SANITATION DISTRICT TO COLLECT PROGRAM RELATED FEES ON BEHALF OF THE TOWN OF LOS GATOS B. ACCEPT THE STAFF REPORT ON THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UPDATE RECOMMENDATION: Staff recommends that the Town Council: 1. Approve the FY 2015/16 West Valley Clean Water Program ( WVCWP) Budget and authorize the West Valley Sanitation District (WVSD) to collect program related fees on behalf of the Town of Los Gatos. 2. Accept the staff report on the National Pollutant Discharge Elimination System (NPDES) permit update. EXECUTIVE SUMMARY: The WVCWP ensures that clean, unpolluted water flows to the local creeks and ultimately the San Francisco Bay. Program requirements continue to increase, both under current regulations and prospectively under new regulations due to be issued later this year. These increased requirements fall to local jurisdictions for implementation. This report provides a first look at increasing requirements and associated costs. Additionally, this report provides information on the WVCWP budget and recommends Council approval of the draft budget. BACKGROUND: The San Francisco Bay Regional Water Quality Control Board (RWQCB) acts as the responsible agency for regulating water that enters streams and ultimately the bay, ensuring the water is PREPARED BY: MATT MORLEY Director of Parks a2Public 6 Reviewed by: Town Manager /�jown Attorney PAGE MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NPDES PERMIT UPDATE MARCH 27, 2015 BACKGROUND (cont'd): clean and unpolluted in compliance with the federally mandated Clean Water Act. The RWQCB does this through the issuance of permits to local agencies (the Municipal Regional Stormwater Permits) that require compliance with a series of regulations. The permits are issued regionally in approximately five year cycles, with the last issuance in October 2009. It is anticipated the RWQCB will issue a new permit later this calendar year with a tentatively scheduled effective date in the winter of 2016. The permits issued by the RWQCB contain requirements which escalate over time. These requirements are meant to increase accountability at the local jurisdiction level while allowing ramp up time for compliance. The requirements of the permit may take the form of unfunded mandates. A discussion on the types of requirements occurs later in this report. Locally, there are four programs that manage pollution prevention for waterways: the Santa Clara Valley Urban Runoff Pollution Prevention Program ( SCVURPPP), WVSD, WVCWP, and the Town - managed Non -Point Source Discharge Elimination Program ( NPDES). These programs perform various functions required under the Clean Water Act, Environmental Protection Agency regulations, and respective NPDES permits. SCVURPPP is an association of thirteen municipalities (including Los Gatos) in the Santa Clara Valley and also includes the Santa Clara Valley Water District. The organization ensures that efforts of the individual jurisdictions align to achieve the requirements set forth in the permit. WVCWP is a consolidated local program managed by WVSD for the Town and the cities of Campbell, Monte Sereno, and Saratoga. WVCWP's purpose includes coordinating efforts of other agencies, such as the County Fire District and County Environmental Health Department, performing NPDES inspection activities for the Town, conducting public education activities, streamlining implementation of the current NPDES permit, and writing and submitting the Annual Report and Work Plan for the four municipalities to the State Regional Water Quality Control Board. The WVCWP offers a unified, stronger voice to represent the interests of West Valley cities at the countywide program level and with regional bodies. Additionally, it has proven to be more cost - effective and time - efficient for the West Valley cities to manage this program and address NPDES issues through a single point of contact. The Town's NPDES program provides the local enforcement and compliance efforts associated with the permit. This includes ensuring compliance at Town facilities, inspecting construction and development projects to ensure compliance, providing for street sweeping, and providing reporting information up through the W VCWP to the regional board. As the requirements of the permit have increased, Town staff have necessarily taken on increasingly greater responsibilities. DISCUSSION: The permit structure provides for specific areas of compliance in Section C of the permit. As examples, Section C.2. is Municipal Operations; C.3. is New Development and Redevelopment; PAGE MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NPDES PERMIT UPDATE MARCH 27, 2015 DISCUSSION (cont'd): and C.10. is Trashload Reductions. In the development vernacular, "C.3." requirements are those necessary to comply with the regional stormwater permit. In the C.3. Development and Redevelopment section, requirements on developers include Low Impact Development (LID) features. In the area of stormwater, this includes methods for treating the stormwater onsite through the use of impervious surfaces, bio- swales, green roofs, or other solutions. Previous requirements under the current permit equated to one inspection per project within 45 days of project completion, which inspectors could often fit into their existing workload when the project was within proximity of other inspection sites. The escalating regulations have resulted in increases to inspections during construction to capture the installation progress of each LID. Relating this to projects in Los Gatos, the Gateway project (i.e., Palo Alto Medical Foundation office on Los Gatos Boulevard) will result in five total inspections. At Albright (Netflix), staff expects to complete 15 inspections. These are five and 15 fold increases respectively. In addition, coordination must now occur to make the inspections within the project construction schedule, meaning the inspectors must now actively arrange inspections into their daily program. The Town will need to conduct an analysis of this work to align current permit fees with actual costs. Compounding this project construction inspection workload are ongoing inspection requirements. Property owners must maintain the LIDs and Town staff are required to inspect each LID on a rotating five year basis. In the last three years the number of LIDS requiring inspections increased from two to 12 to a current total of 36. Staff expects this type of exponential increase to continue as even more strict requirements come forward in the new permit. Although initial fees are paid through the permit process, ongoing inspections are unfunded. Similarly, in C.10. Trashload Reductions, the Town has submitted a plan to meet the requirement to reduce trashload impacts to creeks 40% by 2014, 70% by 2017, and 100% by 2022. The plan includes solutions such as trash cleanups, monitoring properties that are large contributors, and installing trash capture devices in stone inlets. Each of these items has associated costs and workloads and as the requirements increase, incremental gains become more difficult and more expensive, with no direct cost recovery option. The Town completes a portion of this work with in house staff while contracting some services to West Valley Sanitation. Staff will continue to monitor the permit requirements as they evolve over the next several months. Work is underway to quantify the cost in staff time and other services to maintain permit compliance. Staff will provide this information to the Council once it is finalized. One solution will likely include fee increases to create a program that operates on a cost recovery basis. Program Expenses Each year, the WVSD and the four municipalities participating in the WVCWP cooperatively prepare an outline of the Annual Work Plan for WVCWP and the associated operating budget for PAGE MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NPDES PERMIT UPDATE MARCH 27, 2015 DISCUSSION (cont'd): approval prior to the establishment of the annual user fees, and prior to the District transmitting those fees to the County for collection from property tax rolls. The proposed budget is then presented to the four municipalities individually for approval. The draft budget is provided as Attachment 1 for review and approval with this item. The proposed budget is ultimately approved and adopted by the WVSD Board of Directors. The proposed FY 2015 /16 WVCWP budget shows increases in the areas of state mandated NPDES permit fees, administrative costs, and permit compliance costs related to an increase in personnel costs. The State associated costs for the NDPES permit are projected to continue to increase in the long -term. Additionally, costs are projected to increase for fees associated with facility inspection. For next year's proposed budget, NPDES related fees will increase by 5 %, while overall administration and program management fees for the WVCWP will increase by approximately 12 %. Page two of this report provides an overview of the services the WVCWP provides to the Town. The WVSD collects fees from Town residents through assessments collected with property taxes. The revenue collected is approximately $336,000 annually. This compares with the program expenses of approximately $460,000 in fiscal year 2014 /15. WVSD is currently pursuing an analysis of the collections to ensure fees are levied at the appropriate level. This effort may increase the program revenue once complete later this year. Funding increases through basic fee increases could trigger requirements of Proposition 218, specifically requiring voter approval, so it could be more difficult to implement. Similar to the area of inspection, staff continues to look for alternative funding solutions for this portion of the program that will move it back. to a full cost recovery status. Staff will bring additional information to Council as the new permit becomes finalized and projected expense increases become clear. CONCLUSION: Staff recommends that the Town Council consider: 1. Approving the FY 2015/16 West Valley Clean Water Program Budget and authorize the West Valley Sanitation District to collect program related fees on behalf of the Town of Los Gatos. 2. Accepting the staff report on NPDES permit update. COORDINATION: This report has been coordinated with the West Valley Clean Water Program and the West Valley Sanitation District. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NPDES PERMIT UPDATE MARCH 27, 2015 FISCAL IMPACT: The approval of this budget will allow the WVSD to continue to collect revenue on behalf of the Town in the amount of approximately $336,000 to fund the Town's portion of the WVCWP operating budget. If approved by Council, additional details regarding the Town's Non -Point Source Program fund will be presented to Council as part of the Town's Proposed FY 2015 /16 Operating Budget. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA and no further action is required. Attachment: 1. Proposed West Valley Clean Water Program Budget for FY 2015/16 Distribution: Jon Newby, District Manager, West Valley Sanitation District, 100 East Sunnyoaks Avenue, Campbell, CA 95008 Kelly Carroll, Program Manager, West Valley Clean Water Program, 18041 Saratoga -Los Gatos Road, Monte Sereno, CA 95030 -4299 This Page Intentionally Left Blank DRAFT West Valley Clean Water Program FY15 -16 Budget Yr over Yr Comparison 14.7% MSD Heanng: May xx.2015 M Mc Approred: March X 2015 Reeked Draft Feb 25, 2015 1st Draft: Jan 21, 2015 ATTACHMENT Previous Year FY13 -14 MRP Yr5 Current Year FY14 -15 MRP Yr6/ Renew Proposed FV15 -16 MRP -2 Yrl 1. NPDES Permit Compliance: Labor A. Labor, Payroll B. Labor, Payroll Expenses $ 300,805 $ 319,671 $ 342,141 $ 209,213 $ 234,268 240,505 $ 91,592 $ 85,403 $ 101,636 2. NPDES Permit Compliance: Labor, Non - payroll, Special Project/ Tasks A. URMP Support B. NPDES Permit & Technical Assistance Subtotal Latror(1 &2) $ 46,200 $ 49,454 5 t,4, -16, $ 34,200 $ 40,454 84,464 $ _ 12,000 $ 347,005 $ _ 9,000 $ 369,125 $ S 101000 436.604 3. NPDES Permit Compliance: Programs, Projects, Training, Data Mgmt A. PIP- Events/ Outreach Pgm /Brochures & Promotional Items B. Staff Training C. Data Mgmt, Projects /Programs & Reports D. Compliance Contracts & Contingency $ 13,500 $ 17,000 $ 18,000 $ 2,500 $ 2,700 $ 2,800 $ 1,000 $ 1,000 $ 1,200 $ 5,000 $ 7,300 $ 8,000 $ 5,000 $ 6,000 $ 6,000 4. Administration: Occupancy/ Facility Expenses A. Office Rent B. Building Maintenance /Repair C. Utilities $ 37,500 $ 34,500 $ 35,000 $ 15,000 15,000 15,500 $ 15,000 12,000 12 000 $ 7,500 $ 7,500 $ 7,500 S. Administration: Operations A. Office Supplies B. Operating Expenses C. Capital & Computer Costs D. Fiscal Agent & Overhead Contract/Fee $ 42,514 $ 41,700 $ 43,250 $ 2,706 2,700 2,750 $ 12,308 11,000 11,250 $ 2,500 3,000 3,500 $ 25,000 $ 25,000 25 750 1.-S. Subtotal Shared WVCWP Costs: $ 440,519 $ 462,325 $ 532,854 6. NPDES Permit Compliance: Contract Services, Permits, Fees [individual assesments] A. Service Contracts: WVCWP coordinated, but individually billed 1. SCC FD Inspection Fees (Campbell, Los Gatos & Saratoga only) e td) in5p -, ti0t1 Pi pgldl i i'drtnw B. Contracts: Projects, Tasks, Grant Matching (City Specific) 1. Grants, Partnerships ltornmatt?i PaHtel I -Pe Sefvi rDri!'eC C. Permit Fees & SCV Program Management 1. SCV Program Assessment 2. State NPDES Permit fee D. Contingency $ 306,403 $ 323,700 $ 368,820 $ 18,000 $ 18,000 $ 28,000 $ 18,000 $ 18,000 $ 18,000 $ 8,500 $ 29,000 $ 8,500 $ 8,500 279,403 288,400 30 820 $ 233,900 233,900 245,595 $ 45,503 $ 54,500 $ 57,225 $ 91000 $ 8,800 $ 9,000 TOTAL WV CWP Urban Runoff Program $ 746,922 $ 786,025 $ 901,674 14.7% MSD Heanng: May xx.2015 M Mc Approred: March X 2015 Reeked Draft Feb 25, 2015 1st Draft: Jan 21, 2015 ATTACHMENT