HomeMy WebLinkAbout042021-05.6 ADMINISTRATIVE STAFF REPORT 5.6
TO: Mayor and Town Council April 20, 2021
SUBJECT: Resolution No. 16-2021, authorizing the Contra Costa County Flood
Control and Water Conservation District to adopt the Fiscal Year 2021/22
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 2022/23.
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. 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 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
campaigns, monitoring, and program training. At the local level, Danville’s Clean
FY 2021/22 Stormwater 2 April 20, 2021 Utility Area Assessment Fee
Water Program focuses on land development design and plan checking, construction
inspection programs, public education, and maintenance activities. In addition,
significant efforts in 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 the Fiscal
Year 2021/22.
Danville’s Clean Water Program includes efforts and activities needed to address
ongoing compliance with the current MRP 2.0. For 2021/22, 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 2023.
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
2022/23. Those cost increases should be known prior to the 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 2021/22 Stormwater 3 April 20, 2021 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 2021/22 program costs.
RECOMMENDATION
Adopt Resolution No. 16-2020, authorizing the Contra Costa County Flood Control and
Water Conservation District to adopt the Fiscal Year 2021/22 fee for the Town of
Danville Stormwater Utility Area.
Prepared by:
Bob Russell, PLA
Clean Water Program Coordinator
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Resolution No. 16-2021
ATTACHMENT A