HomeMy WebLinkAbout08-10-1999 Agenda Item 8 SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. AGENDA ITEM
MEETING DATE August 10, 1999 CITY MANAGER:
ORIGINATING DEPT. City Manager PREPARED BY: City Clerk
SUBJECT: Saratoga Creek Settlement Agreement Monthly Report
RECOMMENDED MOTION(S): Accept report.
REPORT SUMMARY:
Please see attached report.
FISCAL IMPACTS: N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A
FOLLOW UP ACTIONS: N/A
ATTACHMENTS: Report
Date: August 6, 1999
To: Saratoga City Council
From: David Russell, Management Intern
City Manager's Office
Subject: Saratoga Creek Settlement Agreement Monthly Report
SUMMARY
Included in the following report is all the progress made in the implementation of
the Saratoga Creek Settlement Agreement since the July Report submitted to
the Council as agenda item 6A at the July 7, 1999 meeting. Included as
attachment A is a copy of the Settlement Agreement document for reference.
Also included as Attachment B is the most up to date status matrix.
(A) No-dumping Stencils - Done. No further stencils have been installed.
(B) Warning Signs - The prototype sign has been received and approved by
Plaintiffs and the City. 15 Creek Warning signs and 5 Outfall Warning signs
have been ordered. Signs will be installed by August 13.
(C) Water Quality Testing - Initial round of creek sampling performed on July
14 along with storm drain sampling. Results are reported in memo from SEL
dated July 20, attached. Also attached is July 21 memo from Plaintiffs indicating
concurrence with City about testing intermediate points along the creek between
Wildwood Park and Crestbrook Drive. This will be arranged for either the next
(August) or subsequent (September) round of testing.
(D) Storm Drain Maps - Preparation being finalized in-house using software
borrowed from West Valley Sanitation District. Target completion is now the end
of August.
(E) Discharge Response Plan - Protocols done. Plan to be published in
Saratoga News in September.
(F) Storm Drain Sag Repair - Both sags previously cleaned in May. Will be
cleaned again in August.
(G) Non-Stormwater Effluent outfall at Saratoga-Sunnyvale Road - Testing to
resume either the week of August 9 or 16. Isolation of and access to private line
from under buildings to be complete the week of August 9. Afterwards, further
testing per attached July 21 memo from Plaintiffs will begin. Future work to be
dependent on test results.
(H) Septic System Phase-out - Meeting between City and both sewer agencies
occurred on July 9. Lists of properties believed to be on septic were to be
delivered to City by August 1. As of yet, these lists have not been received. Will
be pushing both Districts next week to have lists delivered by August 15. Once
they are received, implementation of City's new sewage disposal ordinance can
begin.
Attorneys' Fees and Costs - 2nd payment made on July 1. 3rd payment due on
July 1, 2000.
SCIENTIFIC ENVIRONMENTAL
/ LABORATORIES, INC.
City of Saratoga Released : 7-20-99
13777 Fruitvale Avenue Lab ID : M995878-M995890
Saratoga, CA 95070-5151 Recv'd : 7-14-99
Col'd : 7-14-99
Attn: Mr. Larry Perlin Sampler : Don/Bryan/Sergio
Analyst : SF
Analyzed: 7-14-99
Matrix : Liquid
PO # : 18943
Source: 990714 Results
Total Coliform Fecal Coliform
(cfu/100m1) (cfu/100m1)
S2-1 24000 1500
S2A-1 4600 930
S 1-1 11000 4600
S2-2 11000 430
S2A-2 11000 1500
S1-2 2400 2400
S2-3 >24000 3000
S2A-3 12000 1000
S1-3 22000 4000
F-1 >24000 4600
Springer 930 430
Wildwood 1500 430
Crestbrook 4500 2000
Total Coliform Std. Method#9222B
Fecal Coliform Std. Method#9222D
Shui Fong
SF:dc Director, er Laboratory
State Certified Water Laboratory for Chemical and Biological Examination
924 Industrial Avenue Palo Alto, CA 94303 650 856-6011 FAX 650 856-4281
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Chain of Custody Record
Saratoga village storm drain line tests
7/14/99
The 100 mL samples at locations S2 and S2A were collected by Don Whetstone and Bryan
McQueen. The samples at location S 1 were collected by Sergio Serrano.
UN.. The samples were delivered to the laboratory by Bryan McQueen.
C,-,
1
1 Sample ID: Time collected:
990714/S2-1 09:18
NTh
990714/S2A-1 09:20
f m 990714/S1-1 09:25:15
J)
•J 990714/S2-2 09:26
990714/S2A-2
09:29
�\ 990714/S1-2 0933:30
990714/S2-3 09:34 -
990714/S2A-3 09:37
990714 S1-3 09:41:30
990714/F1 10:06
990714/Springer o9:S1? r
990714/Wildwood ' 0 / 1
990714/Crestbrook t0: 36 J ,
(/ / I(I_
Don Whetstone 1
�<, (�«,J
Brya McQueen
Instructions to laboratory:
• Perform quantitative total and fecal coliform analyses, using the membrane filter method.
Obtain results up to 80,000 MPN/100mL.
• As soon as results the results of all analyses are known, telephone or fax them to:
Don Whetstone, fax: (408) 867-0583 [voice line: (408) 867-6611], and to
Larry Perlin, fax (408) 868-1281.
• Mail the results to Larry Perlin, City of Saratoga, 13777 Fruitvale Ave, Saratoga, CA 95070
Name of laboratory : Scientific Environme al Laboratories , Inc.
Received at laboratory by: 1L.1: %
Date & Time: 7 -/L7 7 / //3 0
Don Whetstone
14395 Saratoga Avenue Ave., Mail Stop 210
Saratoga Ca 95070
Telephone: 867-6611, Fox: 867-0583, a-moil: eisi@ix.netcom.com
July 21, 1999
Memo to: Stan Bogosian 868-9224, Nick Streit 983-1080,Larry Perlin 868-1281, Bryan McQueen 868-1281
Subject: 7/14/99 coliform tests
7/14/99 Sarat4Ya Sunnyvale Road storm drain line tests:
The following table shows the fecal coliform levels for the synchronized samples that were collected on 7/14/99.
1st test series. 2nd test series, 3rd test series, Average value for
Location: started at 09:18AM started at 09:26AM started at 09:34AM all 3 test series
S2(Big Basin Way) 1500 • 430 3000 _ 1643
S2A(Intersection) 930 1500 1000 1143
S i (Outfall at bridge) _ 4600 2400 _ 4000 3667
The location codes are:
Location Location: Notes
code:
Si Outfall beneath Saratoga Sunnyvale Road S 1 collected directly into a 100 mL sample container.
Bridge,on the south side.
S2A Manhole in intersection of Saratoga-Sunnyvale Sampled outflow at north(downhill)edge of
Road at end of Saratoga Avenue manhole,consisting of inputs from west(from Big
basin Way)&east(from Saratoga Av.)
S2 Manhole in center of Big Basin Way,
approximately 40 feet north of S3.
The 7/14 results and prior results(see 6/30/99 memo)indicate that it would be very useful to be able to sample at an
additional point,S3A,between S3 and S4,at the point of confluence of the "Village Center" drain line with the
Highway 9 drain line. Larry indicated yesterday that he will look into the cost and time required to install a cleanout
structure or a catch basin at S3A. I suggest waiting until a decision has been made about the new access point
before continuing with testing the drain line.
7/14199 Saratoga Creektet results:
The following table shows the fecal coliform levels in Saratoga Creek(8 in the drain lines)on 7/14/99:
Springer Av. 430
Wildwood Park 430
Crestbrook Ave. _ 2000
To put the numbers in perspective, RWQCB's criteria for water contact recreation (swimming, wading)is 200. The
RWQCB criteria for non-contact recreation (e.g. boating)is 2000.
I think that Larry and I are in agreement that it would be useful in future creek water tests to collect samples at
intermediate points between Wildwood park and Crestbrook.
Page 1 of 2
7/14/99 4th_street drain line test results:
On 7/14 the fecal coliform level at outfall Fl,the terminus of the 4th street drain system was 4600. The following
table summarizes all results to date at outfall Fl (in Wildwood Park):
990525 990525 990615 990617 990714
Sequoia SEL SEL SEL SEL
F1 <380 3 , 000 _ >20, 000 >20,000 4600
Page 2 of 2
MUTUAL RELEASE AND SETTLEMENT AGREEMENT
San Francisco BayKeeper, Inc. and Friends of Santa Clara County Creeks
(collectively, "Plaintiffs"), and the City of Saratoga("the City"), hereby enter into the
following Mutual Release and Settlement Agreement ("Agreement"). This Agreement is
the result of extensive settlement discussions, undertaken in good faith and at arm's
length, whereby Plaintiffs and the City have agreed to settle their disputes without
asserting, admitting or conceding that any of the allegations or contentions of any party
are true or correct.
I. THE CITY'S PROJECTS
A. No-dumping stencils.
By May 1, 1999, the City shall make its best effort to assure that no-dumping signs are
stenciled next to storm drain inlets in primary potential problem areas, such as those in
parking lots serving commercial areas and in alleyways in the Village commercial area,
and that the signs are maintained in legible condition. Signs within the Saratoga Fire
Department's jurisdiction are to identify the Saratoga Fire Department's telephone number
as the number to call to report illegal discharges.
B. Warning signs.
By May 1, 1999, the City shall install, and thereafter maintain, two types of signs:
Sign Type 1: The purpose of this type of sign is to warn people to avoid contact with
Saratoga Creek ("Creek")water where levels of water pollution commonly exceed EPA
recreational water contact criteria. All signs are to be placed where children are most
likely to be close to the Creek, such as in Wildwood Park and at points of easy access
near schools.
Sign Type 2: The purpose of this type of sign is to warn children to stay away from
storm drain outlets. These signs are to be placed immediately above or beside major
outfalls.
The signs are to be designed to be understood by children as young as possible.
The City shall determine appropriate locations for the signs in consultation with the
Coyote Creek Riparian Station investigators who have inspected the entire span of the
Creek. Thereafter, the City shall solicit public input on proposed sign locations at a City
Council meeting. Signs will be placed such that they have minimum impact on views
from private property.
C. Water quality testing.
At least three times each year(as near as is reasonably possible to May 15, July 15, and
September 15,but at least seven days after the last rainfall in Saratoga), beginning in May
1999, the City shall conduct coliform tests of samples of steady-state Creek water, i.e.,
samples that are not influenced by stormwater runoff. At a minimum, samples shall be
collected at the following locations in Saratoga Creek: (1) Springer Ave., (2) the
downstream border of Wildwood Park, and (3) Crestbrook Drive. A sample shall also be
collected of effluent from the main outfall beneath Saratoga-Sunnyvale Road. Tests shall
be for total coliform and fecal coliform, with dilution as necessary to determine levels up
to 160,000 MPN/100mL. Within ten days after receiving each set of test analysis results,
the City staff shall transmit a memorandum describing the results (1) to the City Council,
and (2) to Plaintiff Friends of Santa Clara County Creeks. At the earliest reasonable
opportunity,the City Council shall place on its agenda a review of each memorandum.
Each memorandum shall include an attachment explaining EPA's fecal coliform criteria,
in a form approved by Plaintiffs.
D. Maps of storm drains.
Within one month of the execution of this Agreement, the City shall prepare, and
thereafter maintain(or cause to be prepared and maintained)professional quality maps of
all storm drains, overlaid on copies of West Valley Sanitation District's (WVSD) sewer
line maps, or equivalent.
E. Discharge response plan.
The City shall make the following improvements in illicit discharge response procedures:
(1) Accept the offer by Fire Chief Ernie Kraule to assume primary responsibility for
initial investigations.
(2) Assure that City personnel such as code enforcement officers, building inspectors, and
street maintenance workers understand the City's discharge response obligations under its
NPDES permit.
(3) Assure that the personnel who will respond are trained to do it effectively. Hold
drills.
(4) Assure that complete maps of the storm drain system are immediately available to
personnel who may have to investigate discharge reports. Assure that primary response
personnel know where the most important drain lines, outfalls, and manholes are.
(5) Assure that the plan will work after normal working hours, on weekends, and on
holidays.
(6)Have enforcement personnel and/or building inspectors occasionally check
construction sites for obvious signs of illegal discharges into storm drains -- either direct
discharges, or placement of dirt, debris, or other materials where rain will flush them into
storm drains. Document these checks.
(7) Have community service officers regularly check the areas around garbage containers
in commercial districts for code violations where violations have occurred repeatedly in
the past. Document these checks.
(8) Through annual publication in the Saratoga News and/or by mail as an insert
accompanying solid waste (garbage) disposal bills, describe the City's discharge response
plan to residents and publicize that anyone seeing an illegal discharge within the Saratoga
Fire District's jurisdiction should call the Fire Department's 7-digit number. Assure that
persons answering the City's main telephone number know that if they receive a call
reporting a discharge, they should instruct the caller to call the Fire Department, or 911 if
there is no alternative.
(9) Assure that City ordinances allow, to the extent allowable under state and federal law,
reasonable and prompt access by investigators to storm drain inlets on private property
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who are tracing illegal discharges in progress. Assure that investigators are informed of
the legal requirements for access to private property under these circumstances.
F. Repair of sags in major storm drains in village area.
(1) The City agrees to schedule replacement of the 4th Street bridge as the next project to
be completed after the Quito Avenue bridge replacement, at which time the sag in the 4th
Street line will be eliminated. The City also agrees to require elimination of the sag in
the Saratoga Avenue line as a part of the renovation of the Saratoga Fire Station when
such renovation takes place.
(2) Until the sags have been eliminated,the City will periodically clean the sagged areas,
at a minimum once annually, in August,beginning in August 1999.
G. Non-stormwater effluent from the storm drain outfall at Saratoga-Sunnyvale
Road.
The City shall make a rigorous effort to identify the source(s) of, and reduce to an
acceptable level (as defined below), the fecal coliform in the non-stormwater effluent
emanating from the storm drain outfall at Saratoga-Sunnyvale Road. If the City does not
succeed in this effort by August 1, 1999, the City shall engage a consultant, approved by
the Plaintiffs, to advise the City on how to resolve the problem. The City shall promptly
and fully inform Plaintiffs of its investigative and remedial plans and actions. The City
shall continue its source identification and remedial actions until the fecal coliform level
for this outfall is acceptable. The fecal coliform level will be deemed "acceptable" if, in
five consecutive tests of non-stormwater(dry weather) outfall effluent, with samples
collected at intervals of not less than two days nor more than 7 days, no sample exceeds a
fecal coliform level of 400 MPN/100mL, and the geometric mean of all samples does not
exceed 200 MPN/100mL.
H. Septic system phase-out.
By March 30, 1999, the City Council shall place on its agenda consideration of an
ordinance to require the elimination of septic tanks as soon as reasonably possible. The
City shall make its best effort to identify, within six months of the execution of this
Agreement, the locations of all septic systems in the City, beginning with identification
of septic tanks near Saratoga Creek.
II. ATTORNEYS' FEES AND COSTS
The City shall pay Plaintiffs a total of$84,000 in full settlement of all claims for
fees and costs (representing $75,000 in attorneys' fees, and $9,000 in out-of-pocket and
expert witness costs). The City shall make three payments of equal size according to the
following schedule:
Upon execution of settlement Agreement: 1/3
July 1, 1999: 1/3
July 1, 2000: 1/3
Payments shall be made payable to Earthjustice Legal Defense Fund, and should
be directed to:
Attn: Claudia Polsky
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Earthjustice Legal Defense Fund
180 Montgomery Street, Suite 1725
San Francisco, CA 94104
III. REPORTING
On October 15, or thirty days after the last water quality tests of the dry season,
whichever is later, the City shall annually submit to Plaintiff Friends of Santa Clara
County Creeks a report indicating its activities in compliance with this settlement on an
item-by-item basis. This report shall contain copies of all test results obtained pursuant to
¶C and¶G, any maps produced pursuant to¶D (one submittal only), and the text of any
ordinance passed pursuant to¶H (one submittal only).
Reports should be directed to:
Friends of Santa Clara County Creeks
c/o Don Whetstone
EISI
14395 Saratoga Avenue
Saratoga, CA 95070
IV. DISMISSAL OF LITIGATION
Upon execution of this Agreement, the parties shall lodge the Agreement with the
Court and concurrently stipulate to dismiss this litigation without prejudice. The parties
shall additionally stipulate that the Court retains jurisdiction to vacate the order of
dismissal on the motion of either party filed on or before October 1, 2003, for the
purposes of entering a judgment under the terms of this Agreement. On October 1, 2003,
in the absence of any pending action by any party to enforce this Agreement or any
pending motion by any party to reopen this action, the dismissal shall ripen into a
dismissal with prejudice.
V. OTHER PROVISIONS
A. Each of the parties represents and warrants that, in connection with the negotiation
and execution of this Agreement, it has been represented by independent counsel of its
own choosing, it has executed this Agreement after receiving the advice of such counsel,
and its representative(s) have read and understand the provisions and terms of this
Agreement.
B. The undersigned counsel for Plaintiffs and the City each certify that they are fully
authorized by the parties whom they represent to enter into this Agreement and legally
bind their respective parties to its terms. The provisions of this Agreement shall bind the
parties, their respective agents, and all those persons, firms, and corporations who are or
will be acting in concert of privity with them.
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THE UNDERSIGNED ACKNOWLEDGE THAT THEY HAVE READ THIS
AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND ITS TERMS:
DATED: April , 1999 CITY OF SARATOGA
BY: ,vwL
i Shaw, Mayor
DATED: April , 1999 FRIENDS OF SANTA CLARA COUNTY CREEKS
BY: - C.
Don Whetstone, President
DATED: April ', 1999 SAN FRANCISCO BAYKEEPER, INC.
BY:
Michael R. Lozeau, Executive Director
APPROVED AS TO FORM AND CONTENT:
Claudia Polsky, Esq.
Earthjustice Legal Defense Fund
180 Montgomery Street, Suite 1725
San Francisco, CA 94104
(415) 627-6725
BY: C�22
Claudia Polsky
Attorney for San Francisco BayKeeper, Inc.
and Friends of Santa Clara County Creeks
Michael S. Riback
Meyers, Nave, Riback, Silver& Wilson
777 Davis Street, Suite 300
San Leandro, CA 94577 j
(510) 351-4300
_/. / ,
BY:
L.Michael S. Riback
Attorney for the City of Saratoga
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