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HomeMy WebLinkAbout021726-08.7 ADMINISTRATIVE STAFF REPORT 8.7 TO: Mayor and Town Council February 17, 2026 SUBJECT: Resolution No. 12-2026, authorizing the Contra Costa County Flood Control and Water Conservation District to adopt the Fiscal Year 2026/27 fee for the Town of Danville Stormwater Utility Area BACKGROUND Since 1993, Danville has operated a Stormwater Pollution Control Program (SPCP) in compliance with the federally mandated National Pollutant Discharge Elimination System (NPDES). In addition to meeting local requirements, all 19 cities in Contra Costa County, along with the County and the Contra Costa County Flood Control and Water Conservation District, jointly participate in the Contra Costa Clean Water Program (CCCWP) to implement countywide stormwater initiatives. The San Francisco Regional Water Quality Control Board (SFRWQCB) issues permits for these programs on a five-year cycle. In October 2009, the Board adopted the first Municipal Regional Permit (MRP) for the Bay Area, introducing numerous new provisions and unfunded mandates. The current permit, MRP 3.0, was adopted in May 2022 and took effect on July 1, 2022. Looking ahead, the SFRWQCB is actively reviewing and negotiating requirements for the next permit cycle, MRP 4.0, which will govern future compliance across the region. DISCUSSION Regional, Countywide and Local Efforts In recent years, requirements under the Municipal Regional Permit (MRP) have grown more stringent and significantly increased costs for Danville and other co-permittees. To manage these expenses, agencies across the nine Bay Area counties collaborate on a regional basis to implement many of the mandated programs. These joint efforts include water quality monitoring, developing new initiatives, and conducting special studies on pollutants of concern. Through the Contra Costa Clean Water Program (CCCWP), cost- sharing agreements have been established to fund these regional activities and ensure compliance with MRP mandates. Danville partners with the Contra Costa Clean Water Program (CCCWP) to fulfill numerous state-mandated requirements through countywide cost-sharing. These FY 2026/27 Stormwater 2 February 17, 2026 Utility Area Assessment Fee collaborative efforts cover new development guidelines, public outreach campaigns, water quality monitoring, and staff training programs. Locally, Danville’s Clean Water Program focuses on land development reviews, plan checks, construction inspections, public education, and ongoing maintenance activities. In addition, Town staff lead significant initiatives to reduce trash, conduct business inspections, and prevent and detect illicit discharges. Stormwater Assessment Each year, the Town Council authorizes the Contra Costa County Board of Supervisors to collect stormwater utility assessments for the upcoming fiscal year. Since 2008, this annual assessment has remained at $30 per Equivalent Residential Unit (ERU) for properties within Danville. No increase is proposed for Fiscal Year 2026/27. Danville’s Clean Water Program encompasses activities required to maintain compliance with the current Municipal Regional Permit (MRP) 3.0 and prepares for future requirements under MRP 4.0. For FY 2026/27, approximately 22% of program costs will fund Danville’s share of the Contra Costa Clean Water Program (CCCWP), while the remaining 78% supports local compliance efforts within the Town. Beginning in FY 2026/27, CCCWP projects that countywide program expenditures will exceed revenues by roughly 20%, depleting reserves before the end of MRP 3.0. The CCCWP Management Committee is actively working to finalize its budget and determine future member agency contributions. Danville currently has sufficient revenues and reserves to operate under MRP 3.0. However, new requirements potentially proposed for the new permit MRP 4.0 under this permit are expected to drive up costs in the coming years—both for local compliance and for the Town’s share of countywide program expenses. While the Town continues to strongly oppose unfunded federal or state mandates, the financial and legal risks of non-compliance, including potential fines—are significant. For this reason, Danville remains committed to keeping program costs as low as possible while ensuring full compliance with regulatory requirements. PUBLIC CONTACT Posting of the meeting agenda serves as notice for the general public. FISCAL IMPACT The current Stormwater Utility Assessment of $30 per ERU for all properties within FY 2026/27 Stormwater 3 February 17, 2026 Utility Area Assessment Fee Danville will remain unchanged for the upcoming fiscal year, and sufficient revenues are available to fund 2026/27 program costs. RECOMMENDATION Adopt Resolution No. 12-2026, authorizing the Contra Costa County Flood Control and Water Conservation District to adopt the Fiscal Year 2026/27 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. 12-2026 RESOLUTION NO. 12-2026 AUTHORIZING THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2026/27 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 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 Contra Costa 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: 2B451A8F-3D56-4EED-A9DD-64537153D5F1 ATTACHMENT A PAGE 2 OF RESOLUTION NO. 12-2026 APPROVED by the Danville Town Council at a regular meeting on February 17, 2026, by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLERK Docusign Envelope ID: 2B451A8F-3D56-4EED-A9DD-64537153D5F1