HomeMy WebLinkAbout020723-06.6
ADMINISTRATIVE STAFF REPORT 6.6
TO: Mayor and Town Council February 7, 2023
SUBJECT: Resolution No. 5-2023, authorizing the Contra Costa County Flood
Control and Water Conservation District to adopt the Fiscal Year 2023/24
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. In November 2015, a new five-year MRP was adopted (MRP 2.0) effective
January 1, 2016. The SFRWQCB adopted its new five-year permit, MRP 3.0, at their April
13, 2022, meeting. The new permit took effect on July 1, 2022.
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 region-wide basis. 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 Water
FY 2023/24 Stormwater 2 February 7, 2023 Utility Area Assessment Fee
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
2023/24.
Danville’s Clean Water Program includes efforts and activities needed to address
ongoing compliance with the current MRP 3.0. For 2023/24, approximately 22% of
Danville’s total Clean Water Program costs are allocated toward the Town’s share of the
CCCWP, while the remaining 78% is devoted to local efforts and activities occurring
within the Town.
Beginning in FY 2023/24, the CCCWP estimates that the countywide program
expenditures will exceed revenues by approximately 20%, causing program reserves to
be depleted prior to the end of MRP 3.0. The CCCWP Management Committee is
currently working to finalize their budget and identify future member agency costs.
Danville has sufficient revenues and reserves to continue to operate under the current
MRP 3.0. The new requirements contained in MRP 3.0 will increase the Town’s costs in
the upcoming years, for both local compliance and the Town’s share of the countywide
program costs.
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
continues to keep 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.
FY 2023/24 Stormwater 3 February 7, 2023 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 FY 2023/24 program costs.
RECOMMENDATION
Adopt Resolution No. 5-2023, authorizing the Contra Costa County Flood Control and
Water Conservation District to adopt the Fiscal Year 2023/24 fee for the Town of Danville
Stormwater Utility Area.
Prepared by:
Bob Russell, PLA
Landscape Architect
Clean Water Program Coordinator
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Resolution No. 5-2023
RESOLUTION NO. 5-2023
AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2023/24 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.
DocuSign Envelope ID: BFABCE76-D934-471D-89C0-05017B62146C
PAGE 2 OF RESOLUTION NO. 5-2023
APPROVED by the Danville Town Council at a regular meeting on February 7, 2023, by
the following vote:
AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK
DocuSign Envelope ID: BFABCE76-D934-471D-89C0-05017B62146C