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West Valley Clean Water ProgramPREPARED BY : MATT MORLEY DIRECTOR OF PARKS AND PUBLIC WORKS Reviewed by: Assistant Town Ma nager Town Attorney Finance MEETING DATE: 04/05 /16 ITEM NO : 6 COUNCIL AGENDA REPORT DATE: MARCH 24, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UPDATE A. APPROVE THE FY 2016/17 WEST VALLEY CLEAN WATER PROGRAM BUDGET AND AUTHORIZE THE WEST VALLEY SANITATION DISTRICT TO COLLECT PROGRAM RELATED FEES ON BEHA LF OF THE TOWN OF LOS GATOS . B. ACCEPT THE STAFF REPORT ON THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UPDATE. RECOMMENDATION : 1. Approve the FY 2016/17 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. Accept the staff report on NPDES permit update. BACKGROUND : The West Val ley Clean Water Program (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 look at increasing requirements and associated costs. Additionally, this report provides information on the WVCWP budget and r ecommends Council approval of the draft budget. 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 c lean 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 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UPDATE MARCH 24, 2016 BACKGROUND (cont’d): compliance with a series of regulations. The permits are issued regionally in approximately five year cycles, with the last issuance in October 2009. The RWQCB has issue d a new permit with a tentatively scheduled effective date in the winter of 2016. The permits issued by t he 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 manda tes. 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), W est Valley Sanitati on District , 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. SCVU RPPP 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 requireme nts 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 C ounty -wide 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 perm it. This includes ensuring compliance at Town facilities, inspecting construction and development projects to ensure compliance, providing for street sweeping, and reporting information through the WVCWP to the regional board. As the requirements of the permit have increased, Town staff have necessarily taken on increasingly greater responsibilities. DISCUSSION : Section C of the permit identifies areas of compliance , including Section C.2. Municipal Operations , C.3. New Development and Redevelopment , and C.10. Trashload Reductions. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UPDATE MARCH 24, 2016 DISCUSSION (cont’d): All private development must comply with the “C.3.” requirements of the regional stormwater permit. T he C.3. requirements include the implementation of Low Impact Development (LID) features to treat stormwater onsite through the use of pervious surfaces, bio -retention basins , green roofs, or other solutions. Inspection requirements have increased under the current permit . Previously, one inspection was required per project within 45 days of p roject completion, and P arks and P ublic W orks inspectors could often fit the inspection into their existing workload when the project was within proximity of other inspection sites. The escalating regulations now require more frequent inspections during c onstruction to capture the installation progress of each LID. Compounding th e project construction inspection workload is other 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 few years , the number of LIDs requiring inspections has continued to increase . Staff expects this type of 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 i n 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 pl an includes solutions such as cleaning up trash, monitoring properties that are large contributors, and installing trash capture devices in storm inlets. Each of these items has associated costs and workloads and a s the requirements increase, incrementa l 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 is continu ing to monitor the permit requir ements as work plans evolve over the next year . Work continues towards quantify ing 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. Fee increases for inspections related to construction and development have been programmed in the Fiscal Year 2016/17 budget with the goal of re covering those costs. Other permit requirements that do not have a nexus to development, such as trash capture requirements at Town wide catch basins or storm water outfalls, continue to be a general fund obligation. Staff continues to look for alternative models for funding this po rtion of the program. 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 approval prior to the establishme nt 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 a s Attachment 1 for review and approval with this item. The proposed budget is ultimately approved and adopted by the WVSD Board of Directors. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UPDATE MARCH 24, 2016 DISCUSSION (cont’d): The proposed FY 201 6 /1 7 WVCWP budget shows increases in the areas of operating expenditu res , 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 7 %. 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. These fees fund the WVCWP as well as some Town obligations within the Town’s overall program budget of approximately $500 ,000 . WVSD continues to conduct an analysis of the collections to ensure fees are levied at the appropriate level. Funding increases through basic fee increase s could trigger requirements of Prop osition 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 fu nding 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 and work plan become finalized and projected expense increases become clear. CONCL USION : 1. Approv e the FY 201 6 /1 7 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. Accept the staff report on NPDES permit update. COORDINATION: Th is report has been coordinated with the West Valley Clean Water Program and the West Valley Sanitation District. 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 approxim ately $3 36 ,000 to fund the Town’s portion of the WVCWP operating budget. The Town’s portion of the WVCWP for FY 2016/17 is $306,641. In other words, the approval of the budget does not involve the appropriation of any funds from the Town ’s general fund. ENVIRONMENTAL ASSESSMENT : This i s n ot a project defined under CEQA and no further action is required. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT UPDATE MARCH 24, 2016 Attachment: 1. West Valley Clean Water Program FY 2016/17 Proposed Budget 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 DRAFT West Valley Clean Water Program FY16-17 Budget Yr over Yr Comparison WVSD Hearing: May xx, 2016 WV MC Approved: March xx, 2016 Revised Draft Feb 17, 2016 1st Draft: Jan 25, 2016 Previous Year Previous Year PROPOSED FY14-15 FY15-16 FY16-17 MRP Yr6/ Renew MRP-2 Yr1 MRP2 Yr2 1. NPDES Permit Compliance: Labor 319,671 $ 342,141 $ 373,750 $ A. Labor, Payroll 234,268 $ 240,505 $ 266,964 $ B. Labor, Payroll Expenses 85,403 $ 101,636 $ 106,786 $ 2. NPDES Permit Compliance: Labor, Non-payroll, Special Project/ Tasks 49,454 $ 94,464 $ 82,016 $ A. URMP Support 40,454 $ 84,464 $ 72,016 $ B. NPDES Permit & Technical Assistance 9,000 $ 10,000 $ 10,000 $ Subtotal Labor(1&2):369,125 $ 436,604 $ 455,765 $ 3. NPDES Permit Compliance: Programs, Projects, Training, Data Mgmt 17,000 $ 19,300 $ 21,600 $ A. PIP- Events/ Outreach Pgm /Brochures & Promotional Items 2,700 $ 2,800 $ 2,800 $ B. Staff Training 1,000 $ 2,000 $ 2,500 $ C. Data Mgmt, Projects/Programs & Reports 7,300 $ 8,000 $ 9,800 $ D. Compliance Contracts & Contingency 6,000 $ 6,500 $ 6,500 $ 4. Administration: Occupancy/ Facility Expenses 34,500 $ 35,300 $ 35,500 $ A. Office Rent 15,000 $ 15,500 $ 15,500 $ B. Building Maintenance/Repair 12,000 $ 12,000 $ 12,000 $ C. Utilities 7,500 $ 7,800 $ 8,000 $ 5. Administration: Operations 41,700 $ 43,550 $ 60,800 $ A. Office Supplies 2,700 $ 2,800 $ 2,800 $ B. Operating Expenses 11,000 $ 11,500 $ 23,500 $ C. Capital & Computer Costs 3,000 $ 3,500 $ 5,500 $ D. Fiscal Agent & Overhead Contract/Fee 25,000 $ 25,750 $ 29,000 $ 1.-5. Subtotal Shared WVCWP Costs: 462,325 $ 534,754 $ 573,665 $ 6. NPDES Permit Compliance: Contract Services, Permits, Fees [individual assesments] 323,700 $ 359,900 $ 365,350 $ A. WVCWP Service Contracts: WVCWP coordinated, but individually billed 18,000 $ 30,000 $ 30,000 $ 1. SCC FD Inspection Fees (Campbell, Los Gatos & Saratoga only) 18,000 $ 18,000 $ 18,000 $ 2. Inspection Program Partner (Commercial Facilities)12,000 $ 12,000 $ B. Muni Programs: Projects, Tasks, Grant Matching (City Specific)8,500 $ 20,400 $ 26,350 $ 1. Grants, Partnerships 8,500 $ 8,200 $ 8,200 $ 2. Muni Programs: FCD Repair/Maint, SD Revenue Program Admin 12,200 $ 18,150 $ C. Permit Fees & SCV Program Management 288,400 $ 300,500 $ 300,500 $ 1. SCV Program Assessment 233,900 $ 243,400 $ 243,400 $ 2. State NPDES Permit fee 54,500 $ 57,100 $ 57,100 $ D. Contingency 8,800 $ 9,000 $ 8,500 $ TOTAL WV CWP Urban Runoff Program 786,025 $ 894,654 $ 939,015 $ DRAFT West Valley Clean Water Program FY16-17 Budget Municipal Detail WVSD Hearing: May xx, 2016 WV MC Approved: March xx, 2016 Revised Draft Feb 17, 2016 1st Draft: Jan 25, 2016 Previous Year Previous Year FY15-16 FY16-17 MRP-2 Yr1 MRP2 Yr2 FY15-16 FY16-17 FY15-16 FY16-17 FY15-16 FY16-17 FY15-16 FY16-17 1. NPDES Permit Compliance: Labor 342,141 $ 373,750 $ 2. NPDES Permit Compliance: Labor, Non-payroll, Special Project/ Tasks 94,464 $ 82,016 $ 3. NPDES Permit Compliance: Programs, Projects, Training, Data Mgmt & Reports 19,300 $ 21,600 $ 4. Administration: Occupancy/ Facility Expenses 35,300 $ 35,500 $ 5. Administration: Operations 43,550 $ 60,800 $ 1.-5. Subtotal Shared WVCWP Costs: 534,754 $ 573,665 $ 187,699 $ 201,357 $ 173,795 $ 186,441 $ 14,438 $ 15,489 $ 158,822 $ 170,379 $ 6. NPDES Permit Compliance: Contract Services, Permits, Fees [individual assesments] 359,900 $ 365,350 $ 132,000 $ 135,050 $ 118,000 $ 120,200 $ 15,000 $ 15,050 $ 94,900 $ 95,050 $ A. WVCWP Service Contracts: WVCWP coordinated, but individually billed 1. SCC FD Inspection Fees (Campbell, Los Gatos & Saratoga only)18,000 $ 18,000 $ 13,000 $ 13,000 $ 4,000 $ 4,000 $ -$ -$ 1,000 $ 1,000 $ 2. Inspection Program Partner (Commercial Facilities)12,000 $ 12,000 $ 4,500 $ 5,000 $ 6,500 $ 6,000 $ -$ 1,000 $ 1,000 $ B. Muni Programs: Projects, Tasks, Grant Matching (City Specific)1. Grants, Partnerships 8,200 $ 8,200 $ 3,000 $ 3,000 $ 3,000 $ 3,000 $ 200 $ 200 $ 2,000 $ 2,000 $ 2. Muni Programs: FCD Repair/Maint, SD Revenue Program Admin 12,200 $ 18,150 $ 5,500 $ 8,150 $ 5,500 $ 8,300 $ 1,200 $ 1,450 $ -$ 250 $ C. Permit Fees & SCV Program Management 1. SCV Program Assessment 243,400 $ 243,400 $ 86,000 $ 86,000 $ 79,000 $ 79,000 $ 6,400 $ 6,400 $ 72,000 $ 72,000 $ 2. State NPDES Permit fee 57,100 $ 57,100 $ 16,800 $ 16,800 $ 16,800 $ 16,800 $ 6,700 $ 6,700 $ 16,800 $ 16,800 $ D. Contingency 9,000 $ 8,500 $ 3,200 $ 3,100 $ 3,200 $ 3,100 $ 500 $ 300 $ 2,100 $ 2,000 $ TOTAL WV CWP Urban Runoff Program 894,654 $ 939,015 $ 319,699 $ 336,407 $ 291,795 $ 306,641 $ 29,438 $ 30,539 $ 253,722 $ 265,429 $ 35.1% Summary: FY15-16 WVCWP Stormwater Cost Allocations Campbell Los Gatos Monte Sereno Saratoga 29.7%2.7%32.5%