HomeMy WebLinkAbout040720-05.5
ADMINISTRATIVE STAFF REPORT 5.5
TO: Mayor and Town Council April 7, 2020
SUBJECT: Resolution No. 23-2020, authorizing the Contra Costa County Flood
Control and Water Conservation District to adopt the Fiscal Year 2020/21
fee for the Town of Danville Stormwater Utility Area
BACKGROUND
Since 1993, and pursuant to the federally mandated National Pollutant Discharge
Elimination System (NPDES), Danville has operated a Stormwater Pollution Control
Program (SPCP). In addition to meeting local program requirements, all 19 Contra
Costa County cities, the County, and the Contra Costa County Flood Control and Water
Conservation District jointly operate a countywide program referred to as the Contra
Costa Clean Water Program (CCCWP).
The San Francisco Regional Water Quality Control Board (SFRWQCB) issues permits on
a five-year cycle for this program. In October 2009, a Municipal Regional Permit (MRP)
for the entire Bay Area was adopted that included many new provisions and unfunded
mandates. Then in November 2015, the MRP was renewed (MRP 2.0) and took effect on
January 1, 2016. Currently the CCCWP is in negotiations with the SFRWQCB for MRP
3.0. It is anticipated that it will be approved in time to be implemented by FY 2021/22.
DISCUSSION
Regional, Countywide and Local Efforts
In recent years, the Program requirements included in the MRP have become
increasingly stringent and costly for Danville and other co-permittees. In an effort to
control costs, agencies within the nine Bay Area counties now share in the
implementation of these regulations on a regional basis. The regional efforts include
water quality monitoring and the development of new programs and special studies
regarding pollutants of concern. Through the CCCWP, regional cost sharing
arrangements have been established to fund these efforts in order to meet the MRP
mandates. In addition, the CCCWP secured a grant to develop a countywide
Stormwater Resource Plan.
Danville participates in the CCCWP to complete many other MRP mandates utilizing
cost sharing on a countywide basis for new development guidelines, public information
FY 2020/21 Stormwater 2 April 7, 2020
Utility Area Assessment Fee
campaigns, monitoring, and program training. At the local level, Danville’s Clean
Water Program focuses on land development design and plan checking, construction
inspection programs, public education, and maintenance activities. In addition,
significant efforts in the area of trash reduction, business inspections, and illicit
discharge prevention and detection are being implemented by Town staff.
Stormwater Assessment
Annually, the Town Council authorizes the Contra Costa County Board of Supervisors
to collect stormwater utility area assessments for the upcoming fiscal year. Since 2008,
the annual assessment has been set at $30 per Equivalent Residential Unit (ERU) for
properties within Danville. No increase in the assessment is proposed for Fiscal Year
2020/21.
Danville’s Clean Water Program includes efforts and activities needed to address
ongoing compliance with the current MRP 2.0. For 2019/20, approximately 22% of
Danville’s total Clean Water Program revenues were allocated to fund the Town’s share
of the CCCWP, while the remaining 78% of revenues were devoted to local efforts and
activities occurring within the Town.
By FY 2022/23, the CCCWP estimates that the countywide program will have depleted
most of its available reserves, and the countywide program will need to identify how to
address the additional unfunded costs resulting from MRP 3.0, which is expected to be
renewed in 2020.
Danville has sufficient revenues and reserves to continue to operate under the current
MRP 2.0. However, the new requirements of MRP 3.0 will cause the Town to spend
more money locally in the upcoming years. In addition, the new MRP 3.0 requirements
are expected to increase the Town’s share of the countywide program costs by FY
2021/22. Those cost increases should be known prior to adoption of the Town’s budget
for that fiscal year.
While Danville continues to strenuously oppose new Federal or State mandates that
require local government compliance without a dedicated funding source, the potential
cost and fines associated with non-compliance are significant. For this reason, the Town
has kept program costs at the lowest possible level while still meeting program
requirements.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public for this item.
FY 2020/21 Stormwater 3 April 7, 2020
Utility Area Assessment Fee
FISCAL IMPACT
The current Stormwater Utility Assessment of $30 per ERU for all properties within
Danville will remain unchanged for the upcoming fiscal year, and sufficient revenues
are available to fund 2020/21 program costs.
RECOMMENDATION
Adopt Resolution No. 23-2020, authorizing the Contra Costa County Flood Control and
Water Conservation District to adopt the Fiscal Year 2020/21 fee for the Town of
Danville Stormwater Utility Area.
Prepared by:
Christine McCann, AICP
Clean Water Program Coordinator
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Resolution No. 23-2020
RESOLUTION NO. 23-2020
AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2020/21 FEE
FOR THE TOWN OF DANVILLE STORMWATER UTILITY AREA
WHEREAS, the Federal Water Pollution Control Act requires dischargers of
stormwater to obtain a National Pollutant Discharge Elimination System (NPDES)
permit from the San Francisco Regional Water Quality Control Board; and
WHEREAS, Danville, the Contra Costa County cities, the County, and the Contra Costa
County Flood Control and Water Conservation District have joined under the Contra
Costa Clean Water Program to secure the required NPDES permit; and
WHEREAS, the San Francisco Regional Water Quality Control Board adopted NPDES
Permit No. CAS612008 in order to develop a Municipal Regional Permit that applies to
all nine Bay Area Counties; and
WHEREAS, the Town complies with the NPDES permit requirements by operating a
local Clean Water Program, participating in the Contra Costa Clean Water Program and
implementing Best Management Practices to minimize or eliminate pollutants from
stormwater; and
WHEREAS, in 1993 the funding necessary to implement this permit was established at
a range of $22 to $30 per Equivalent Residential Unit (ERU) through the Stormwater
Utility Assessment (Town of Danville Resolution No. 24-93); and
WHEREAS, said assessment rate must be set each year by the Town Council; and
WHEREAS, the Town Council appoints the City Engineer, or his/her designee, as its
official representative to the Contra Costa Clean Water Program; and
WHEREAS, the Town Council wishes to continue to participate in the Clean Water
program and continue to fund the program through the assessment of individual
properties; now, therefore, be it
RESOLVED, that the Danville Town Council authorizes continuance of the Stormwater
Utility Assessment to be set at $30 per ERU for all properties within Danville.
PAGE 2 OF RESOLUTION NO. 23-2020
APPROVED by the Danville Town Council at a regular meeting on April 7, 2020, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK