HomeMy WebLinkAbout07-05-2017 Item 01 - Stormwater Resource Plan and Stormwater Program Update Meeting Date: 7/5/2017
FROM: Derek Johnson, Assistant City Manager
Prepared By: Freddy Otte, City Biologist
SUBJECT: STORMWATER RESOURCE PLAN AND STORMWATER PROGRAM
UPDATE
RECOMMENDATION
1. Approve a resolution (Attachment A) adopting the San Luis Obispo Creek Stormwater
Resource Plan (Council Reading File B); and
2. Receive an update presentation regarding the current status of the City’s Stormwater
Program and provide direction to staff regarding future opportunities and constraints.
REPORT-IN-BRIEF
The City of San Luis Obispo maintains a team-based Stormwater Program. The program was
developed beginning in 2007 and began formal implementation in 2009 to provide a
decentralized, inter-departmental approach to the objectives outlined in the City’s permits
required by the State Water Resources Control Board (SWRCB). Contemporary municipal
stormwater management entails objectives such as water quality protection, groundwater
percolation and recharge, community education, construction site management, clean up and
abatement of illicit discharges, and continual program assessment and improvement.
An accretion of state and federal mandates over the years has resulted in increased work
demands that have and continue to be absorbed by the existing staff that have stormwater
functions tied to their job. This includes daily inspections of sites or facilities, ensuring post
construction stormwater features are functioning as designed, inspection of the storm drain
system from inlet to outlet, controlling trash across the landscape and attending to water quality
impairments in locations such as Mission Plaza. The City’s stormwater team is constantly
working to maintain compliance and is in regular communication with Water Board staff;
however, program audits have shown areas where the City will need to continue to make
improvements to protect water quality.
City and Cal Poly staff with the assistance of a consultant team from Stillwater Sciences, Inc.
have recently completed a Stormwater Resource Plan (SRP) that identifies and maps sub-
watershed “catchment” areas, identifies problem spots, and prioritizes stormwater infrastructure
projects and techniques that address those problem spots. The SRP will allow the City to be
eligible to apply for funding under the Water Quality, Supply, and Infrastructure Improvement
Act of 2014, or California Proposition 1 (“Prop 1”) to help pay for some these priority projects.
The SRP also helps lay the groundwork for a rebranding effort of the Stormwater Program under
a new “Healthy Watershed” campaign.
Packet Pg 9
1
DISCUSSION
Brief Overview of the History of Water Quality Protection
The contemporary water quality movement started along with the larger environmental
movement in the late 1960’s and was catalyzed when the Cuyahoga River in Ohio caught on fire
in 1969. It wasn’t the first time it had caught fire but the source of the pollution that caused the
fire was easily identified. “Point source” pollution became a strong focus for state and federal
agencies to address and eliminate. Large industrial facilities located along waterways
traditionally discharged polluted effluent into that waterway from an obvious pipe that allowed
the discharge to be easily traced back to the source. Today, stricter laws and regulations have
drastically reduced point source pollution.
“Non-point source” pollution, in the watershed context (it can also refer to air pollution), is the
comingling of rainwater and pollutants that rainwater encounters as it flows across the landscape.
Stormwater runoff pollution is a type of non-point source pollution. This means that the
pollution cannot be traced back to a specific source, but instead comes from many different
sources throughout the environment. Non-point source pollution is the primary cause of
watershed pollution today.
In 1966, The Department of Fish and Game published a report about San Luis Obispo Creek that
identified substantial point source and non-point sources of pollution (see Council Reading File
C). “San Luis Obispo Creek was an aesthetically disgusting experience…” and “…trash in the
creek seems to be the rule rather than the exception in City limits…” are quotes from the report.
The assessment of fish populations in San Luis Obispo Creek in that report was not
comprehensive, but indicated that all five native fish species known from our watershed were
accounted for despite deplorable conditions. Steelhead trout (Oncorhynchus mykiss) were used
as a proxy for water quality. When test fish were exposed to the creek below the City’s sewage
treatment plant (as it was known as that time), all 30 died violently within ten minutes. This was
a local example of toxic water quality with an attributed point source of pollution.
In 1972, the Federal Water Pollution Control Act of 1948 was expanded and updated to become
the Clean Water Act (“CWA”). The CWA outlines a federal framework with water quality
objectives and regulates discharges into surface water and the environment. The National
Pollution Discharge Elimination System (“NPDES”) was created by the CWA to regulate water
quality pollution and today includes numerous program areas, such as: agriculture, industrial and
municipal wastewater, and stormwater. Under the CWA, the Environmental Protection Agency
(“EPA”) authorizes the NPDES permit program at the state level, enabling them to perform
many of the permitting, administrative, and enforcement aspects of the NPDES program.
The NPDES stormwater program regulates stormwater discharges from three potential sources:
(1) municipal separate storm sewer systems (“MS4s”); (2) construction activities; and (3)
industrial activities. Operators of these sources are now required to obtain a NPDES permit
before they can discharge stormwater. This permitting mechanism is designed to prevent
stormwater runoff from washing harmful pollutants into local surface waters, with the expected
benefits being: (1) protection of wetlands and aquatic ecosystems; (2) improved quality of
receiving waterbodies; (3) conservation of water resources; (4) protection of public health; and,
Packet Pg 10
1
(5) flood control (EPA, 2017).
In California, NPDES requirements are carried out by the State Water Resources Control Board
and, in San Luis Obispo, by the Central Coast Regional Water Quality Control Board. Permit
requirements for MS4 operators are tiered based on the size of the municipality. Phase I cities
(Salinas, Los Angeles) have a population over 100,000 people and the regulations they must
follow were established in 1990. Phase II cities (San Luis Obispo, Paso Robles) have a
population less than 100,000 and the regulations we must follow were established in 2003.
Permits are issued on five-year terms and contain progressively more stringent water quality
protection requirements. Contemporary water quality standards have addressed many of the
significant point source pollution facilities, but non-point source pollution continues to be the
primary target for Phase II municipalities like San Luis Obispo.
The City of San Luis Obispo’s Stormwater Program Background
In 2007, the City began development of the Stormwater Program and in 2009 implementation of
the mandated, regulatory program was launched. At this same time, the City’s Natural Resources
Program was asked to step forward to take leadership of the program. Being in the City
Administration Department, a main objective of the Natural Resources Program is water quality
protection and since this program requires participation of staff from every department, it was a
logical structure and one that responded to the financial constraints of the City. A Steering
Committee of Department Heads was established to provide direction and guidance to the
Technical Team, which is comprised of managers from each department, from key programs or
divisions.
The de-centralized, cross-department, team based program was developed at the onset of the
program and continues today. The main program elements are: (1) public education and
outreach; (2) construction site management; (3) municipal operations improvements; (4) storm
drain inspections and cleaning; and, (5) Total Maximum Daily Load (TMDL)1 monitoring and
implementation. Many of the requirements in the 2009 permit were activities City staff were
already doing, while other areas required new training and commitment to implementation. To
capture these commitments while utilizing the de-centralized approach, an inter-departmental
Memorandum of Understanding was signed by each department within the City.
Current Status of the Stormwater Program
The status of the Stormwater Program is currently in flux. The Technical Team is diligently
working to maintain compliance. The decentralized approach is still the recommended course of
action because this program cannot be run by one program or division due to the comprehensive
nature of the requirements and the diverse skill sets needed to address technical requirements.
Staff across all departments are effectively in charge of controlling pollutants coming from
sidewalks, gutters, streets, industrial facilities, buildings, construction sites, the storm drain
system, parks, and anywhere else pollution may be coming from.
For this comprehensive effort, the community needs to be better integrated into this program
1 Total Maximum Daily Load (TMDL) is a regulatory term in the Clean Water Act describing a plan for restoring
impaired waters that identifies the maximum amount of a pollutant that a body of water can receive while still
meeting water quality standards.
Packet Pg 11
1
since the health of San Luis Obispo Creek should be viewed as a community asset. With the
Utilities Department adopting the One Water philosophy, everyone needs to be engaged and
supportive to ensure the creek is protected. Healthy Watersheds is one of the primary focal points
of the One Water initiative. Stormwater starts as rainwater, but as it flows across the developed
landscape from the top of the watershed, pollutants are picked up and transported directly into
the creek system. Expanding the public/private partnership with the community is the only way
total water quality protection can be achieved. Traditional stormwater infrastructure like
stormdrain inlet filters, improving social norms like owners picking up after their dog, continual
outreach and partnering with the development community and collaborating with other
organizations, non-profits, and Cal Poly are some of the major efforts City staff are putting into
place to maintain compliance with the program.
As was first identified in the 1966 stream survey, the characteristics of the tunnel under
downtown that carries San Luis Obispo Creek lends itself to being a significant source of
pollution. At the current time, pigeons and other wildlife, direct urban run-off, and transients
collectively create a significant water quality impairment in Mission Plaza. This has resulted in
San Luis Obispo Creek being listed for a TMDL for pathogens (e.g. fecal coliform). Staff
continues to expand partnerships with Downtown SLO (formerly the Downtown Association)
and individual businesses to leverage resources to address the TMDL and restore some of the
ecological functions the creek has lost from years of alteration. Lastly, the City, County, and Cal
Poly stormwater staff collaborate as often as possible to focus on protection of our watershed and
have consolidated efforts to help address the TMDL, as well.
The City’s current State Water Resources Control Board permit requirements are as follows: (1)
Water Quality Order No. 2013-0001-DWQ, NPDES General Permit No. CAS000004; (2) Water
Code Section 13267 Technical Order (the “13267 Letter”); and, (3) Water Code Section 13383
Technical Order (the “13383 Letter”). Major expansions in the past few years of the program
under this permit regime have included: (1) Post-Construction Requirements (PCRs); (2)
monitoring of storm drain outfalls; and (3) a Program Effectiveness Assessment and
Improvement Plan (PEAIP). The 13267 Letter involves spatial analysis and prioritization of
problem spots, and the City is now working through the beginning elements of this Order. The
13383 Letter is also known as the “trash policy” and the City is now working to better
understand and develop an appropriate program for our watershed under this very recent Order
dated as of June 1, 2017 (see Council Reading Files D-F).
Stormwater Resource Plan
On June 21, 2016, the City Council authorized the issuance of a Request for Proposals to prepare
a Stormwater Resource Plan (SRP). Stillwater Sciences was selected to complete the plan,
together with significant input and collaboration from staff at Cal Poly, the Central Coast Low
Impact Development Initiative, and the Central Coast Regional Water Quality Control Board.
The four key areas of the SRP to improve watershed processes are: (1) identifying types and
locations of Low Impact Development (LID) projects; (2) criteria for ranking project types for
specific water quality improvements; (3) connecting efforts in the 13267 Letter to current and
future project designs; and, (4) a screening and ranking matrix for project prioritization. An
additional and important value of having an approved SRP is that it makes the City eligible for
Packet Pg 12
1
Prop 1 project implementation funding. The priorities of the SRP are to integrate the concepts
embodied in the General Permit but with a focus on the creek and the ecological functions
present and how to ensure long term protection of the creek and the underlying groundwater
basin; in this regard, projects that accrue multiple benefits are prioritized. The SRP document
also lays the groundwork for an opportunity to rebrand the current Stormwater Program as part
of a new, forthcoming “Healthy Watershed” campaign. In addition to the functional elements, it
is also important for the City to show its commitment to stormwater protection through adoption
of the SRP, which will ultimately be considered for approval by the State Water Resources
Control Board.
Future Stormwater Program Opportunities and Constraints
Funding the City’s Stormwater Program continues to be challenging in consideration of the
current financial position the City is in and how the Stormwater Program relates to other internal
City needs and external decisions that require immediate attention. Staffing resources have
remained constant over the years since program inception, yet program requirements have
increased. An emerging opportunity to address this situation is Senate Bill 231, which would re-
define stormwater as a resource that should be captured, treated and reused because of the value
lost as it runs off the landscape and carries significant amounts of pollutants into our waterways.
Specifically, SB 231 is in further response to the case of Howard Jarvis Taxpayers Ass’n v. City
of Salinas (2002) 98 Cal.App.4th 1351, which determined that fees imposed for stormwater
drainage services are not considered to be “water, sewer, or refuse collection” thus requiring
voter approval via election. SB 231 has been approved by the Senate and is now in the
Assembly for consideration. This bill would clarify that fees associated with stormwater fall
under the same class as fees associated with water, sewer or refuse collection which may be
imposed subject to certain procedural requirements and the right for the public to submit a
protest vote (see Council Reading File G). Prop 1, as mentioned earlier, identifies funding for
stormwater infrastructure improvements and once the City’s SRP is approved, staff can apply for
grant funds to design and implement LID projects. Lastly, consideration of the cost of service to
implement the requirements of the Stormwater Program related to private development or
industrial operations have been and will continue to be considered in the context of cost of
service fees.
Council Discussion Points
Staff would benefit from receiving feedback from the City Council on items including, but not
limited to, the following:
1. What questions does the City Council have about the program? Does the City Council
have additional information requests?
2. What ideas does the City Council have that would assist outreach to the community about
the vital importance of healthy creeks and clean water?
3. Does the Council wish to direct staff to continue to research external funding options?
Packet Pg 13
1
CONCURRENCES
The City Engineer has reviewed the SRP and has provided his concurrence and recommendation.
ENVIRONMENTAL REVIEW
Adoption of the Stormwater Resource Plan is statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section §15262, Feasibility and Planning
Studies, and categorically exempt from CEQA pursuant to Section §15306, Information
Collection, because the Project includes the process to gather data and create a planning
document and would not include major disturbance to an environmental resource, and Section
§15307, Actions by Regulatory Agencies for Protection of the Environment. Additionally, the
resulting Plan would provide support to better enable entities to comply with applicable total
maximum daily load implementation plans, national pollutant discharge elimination system
permits, and waste discharge permits. While the creation of a plan is exempt from CEQA, any
specific recommendations included in the SRP that promote the undertaking of future projects
such as, but not limited to, construction activities, would be subject to future evaluation under
CEQA as provided in Section §15307.
FISCAL IMPACT
The adoption of the SRP does not have a fiscal impact in and of itself. It will, however, provide
priorities and guidance for future funding requests presented to the City Council and other
funding partners. Ongoing administration of the Stormwater Program will have new, ad ditional
fiscal impacts in the future as implementation of the 13267 and 13383 Letters go into effect over
the next few years. Staff will come back to Council as these costs and requirements become
better understood.
ALTERNATIVES
1. The City Council could direct staff to provide additional information or clarification in
support of its recommendation.
2. The City Council could choose not to adopt the City of San Luis Obispo Stormwater
Resource Plan. This is not recommended because the objectives laid out in the plan will
accrue multiple benefits to the creek and watershed and will also position the City for
additional funding opportunities.
Packet Pg 14
1
Attachments:
a - Resolution
b - Council Reading File - San Luis Obispo Creek Stormwater Resource Plan - External
Review Draft
c - Council Reading File - 1966 CDFW SLO Creek Survey
d - Council Reading File - 2013 SWRCB General Permit
e - Council Reading File - 13267 Letter
f - Council Reading File - 13383 Letter
g - Council Reading File - SB 231 CASQA Fact Sheet
Packet Pg 15
1
R ______
RESOLUTION NO. ________ (2017 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING THE SAN LUIS OBISPO CREEK
STORMWATER RESOURCE PLAN
WHEREAS, the City of San Luis Obispo has adopted policies for protection,
management, and regulation of stormwater throughout the city; and
WHEREAS, contemporary stormwater management entails objectives such as water
quality protection, groundwater percolation and recharge, community education, construction site
management, clean up and abatement of illicit discharges, and continual program assessment and
improvement; and
WHEREAS, a Stormwater Resource Plan (“SRP”) has been prepared as part of a
Council-approved process, and staff has considered and incorporated comments of key
stakeholders where appropriate.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Adopt the San Luis Obispo Creek Stormwater Resources Plan. The City
Council does hereby adopt The San Luis Obispo Creek Stormwater Resource Plan, an official
copy of which shall be kept on record with the City Clerk, based on the following findings:
a. The San Luis Obispo Creek Stormwater Resource Plan is consistent with the
Ahwahnee Water Principles outlined as Policy 10.2.2 in the Conservation and Open
Space Element of the City’s General Plan; and
b. The San Luis Obispo Creek Stormwater Resource Plan is consistent with the City’s
municipal code chapter 12.08, Urban Storm Water Quality Management and
Discharge Control; and
c. The San Luis Obispo Creek Stormwater Resource Plan is in furtherance of the City’s
adherence to its State Water Resources Control Board, Water Quality Order No.
2013-0001-DWQ, NPDES General Permit No. CAS000004 and subsequent Water
Code Section 13267 and 13383 Technical Orders.
SECTION 2. Environmental Review. The City Council hereby finds that adoption of
The San Luis Obispo Creek Stormwater Resource Plan is statutorily exempt from the California
Environmental Quality Act (CEQA) pursuant to Section §15262, Feasibility and Planning
Studies, and categorically exempt from CEQA pursuant to Section §15306, Information
Collection, because the Project includes the process to gather data and create a planning
document and would not include major disturbance to an environmental resource, and Section
§15307, Actions by Regulatory Agencies for Protection of the Environment. Additionally, the
resulting Plan would provide support to better enable entities to comply with applicable total
maximum daily load implementation plans, national pollutant discharge elimination system
Packet Pg 16
1
Resolution No. _____ (2017 Series) Page 2
R ______
permits, and waste discharge permits. While the creation of a plan is exempt from CEQA, any
specific recommendations included in the SRP that promote the undertaking of future projects
such as, but not limited to, construction activities, would be subject to future evaluation under
CEQA as provided in Section §15307.
Upon motion of _______________________, seconded by _______________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2017.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
Packet Pg 17
1
Page intentionally left
blank.
Packet Pg 18
1