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Home My WebLink About021825-06.4 ADMINISTRATIVE STAFF REPORT 6.4 TO: Mayor and Town Council February 18, 2025 SUBJECT: Resolution No. 11-2025, authorizing the Contra Costa County Flood Control and Water Conservation District to adopt the Fiscal Year 2025/26 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 May 2022, a new five-year MRP was adopted (MRP 3.0) and the SFRWQCB adopted the new permit 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. 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 Program focuses on land development design and plan checking, construction inspection programs, public education, and maintenance activities. In addition, significant efforts FY 2025/26 Stormwater 2 February 18, 2025 Utility Area Assessment Fee 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 2025/26. Danville’s Clean Water Program includes efforts and activities needed to address ongoing compliance with the current MRP 3.0. For 2025/26, 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 2025/26, the CCCWP estimates that the countywide program expenditure 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. 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 2025/26 program costs. FY 2025/26 Stormwater 3 February 18, 2025 Utility Area Assessment Fee RECOMMENDATION Adopt Resolution No. 11-2025, authorizing the Contra Costa County Flood Control and Water Conservation District to adopt the Fiscal Year 2025/26 fee for the Town of Danville Stormwater Utility Area. Prepared by: Bob Russell, PLA Landscape Architect Clean Water Program Coordinator Reviewed by: Diane J. Friedmann Development Services Director Attachment: Resolution No. 11-2025 RESOLUTION NO. 11-2025 AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2025/26 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: C9A41797-8356-47E6-9538-63286C337794 ATTACHMENT A PAGE 2 OF RESOLUTION NO. 11-2025 APPROVED by the Danville Town Council at a regular meeting on February 18, 2025, by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK Docusign Envelope ID: C9A41797-8356-47E6-9538-63286C337794