CITY COUNCIL STAFF REPORT
Meeting Date: February 06, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 APPROVING CONTINUED
PARTICIPATION IN THE STORMWATER POLLUTION
MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2023/24
STORMWATER UTILITY AREA FEE FOR THE CITY OF PLEASANT
HILL
SYNOPSIS
The City of Pleasant Hill participates in the Contra Costa Clean Water Program (CCCWP), which was formed to enable jurisdictions to perform local and countywide clean water activities cost-effectively. The Contra Costa County Flood Control and Water Conservation District (Flood Control District) collects a stormwater utility fee through the property tax roll on behalf of the City to fund these activities. In order for the Flood Control District to collect these fees, the City is required to set the Stormwater Utility Assessment (SUA) rate by May of each year.
Staff recommends the City Council adopt the attached resolution, which approves the continued participation in the Stormwater Pollution Management Utility District and sets the SUA rate for Fiscal Year 2023/24.
DISCUSSION
Background
In 1993, the City Council authorized the Flood Control District to create a Stormwater Pollution Management Utility District to collect fees on the City’s behalf under Contra Costa County’s SUA Drainage Ordinance No. 93-47. The fees are collected through the property tax roll and are used to fund clean water activities (including, but not limited to, regulating new development, inspections, public education, and water quality monitoring). The San Francisco Bay Regional Water Quality Control Board (RWQCB), operating under the Federal Water Pollution Control Act, mandates these activities through a countywide National Pollutant Discharge Elimination System (NPDES) permit. The permit is issued to the CCCWP, which consists of all 19 cities, the unincorporated County and the County Flood Control District).
Pursuant to the Stormwater Utility Area Agreement executed with the Flood Control District in 2003, the City must set the SUA rate by May of each year. The SUA rate is based on the Equivalent Runoff Unit (ERU), which is the amount of runoff generated from a typical singlefamily home. Other land uses are assessed a fee based on their typical impervious surface area as a multiple of the ERU. Based on Flood Control District projections, there are approximately 16,400 ERUs in the City.
Analysis
Since 2001, the rate set by the City Council has been $30 per ERU, which is the maximum authorized by the Stormwater Pollution Management Utility District when it was formed in 1993. Based on the estimated 16,400 ERUs in the City, approximately $391,329 in revenue, net of Clean Water Program group expenses, will be generated. The revenue generated (Fund 19) provides funding for the ongoing implementation of local and countywide NPDES permit requirements and local storm drain and creek maintenance programs. The Municipal Regional Permit (MRP), adopted in 2009, added enhanced requirements (i.e., more outreach, watershed monitoring, illicit discharge control, installation and maintenance of trash capture devices, and development of a long-term zero trash plan).
The new MRP (MRP 3.0) was re-issued on May 11, 2022, with additional requirements that went into effect on July 1, 2022. These requirements included, among others:
• Trash reduction goal of 90% is to be attained by June 2023. So far, the City has achieved 83%. Staff is also considering several different options to meet the 90% reduction by June, as well as the 100% trash reduction goal requirement for June 2025. • Updating the Trash Reduction Plan with the elimination of offsets and credits and preparation of an impracticability plan if required reduction cannot be met particularly for areas that have engineering or other technical barriers to full trash capture installation. • Updating the Green Infrastructure Plan (Plan):
o Revise the Plan to show how the allocated number of acres to be treated will be achieved by June 30, 2025.
o Participating in regional alternative compliance if local reductions are not possible. • Reduction of PCBs and Mercury by participating in the cost of abating 664 acres of PBCladen properties within Contra Costa, as part of the Clean Water Program activities that are still unfunded.
• Enhancing construction site inspections with PBC inspections during demolition. • Participating in homeless work group mapping and BMP studies for pollution abatement. • Participating in a region-wide fire discharge workgroup for fire retardants. • Developing a Cost Reporting Program for Stormwater Program costs for annual reporting • Developing an Asset Management Plan for Stormwater program infrastructure improvements related to NPDES Permit implementation.
FISCAL IMPACT
The proposed action provides approximately $391,329 in revenue to fund the ongoing implementation of local and countywide NPDES permit requirements. Future cost analysis to implement new permit requirements is underway and has not been determined to date.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the resolution to approve the continued participation in the Stormwater Pollution Management Utility District and authorize the Contra Costa County Flood Control and Water Conservation District to adopt the Fiscal Year 2023/24 Stormwater Utility Area Fee for the City of Pleasant Hill.
ALTERNATIVES TO RECOMMENDED ACTION
Should the Stormwater Utility Area Rate not be renewed for FY 2023/24, there would be a loss of $391,329 in revenues to fund and implement local and countywide NPDES permit requirements. The City would need to fund these mandated compliance activities with alternative sources, or potentially be subject to fines.
ATTACHMENT(S):
Proposed Resolution
Prepared by: Ananthan Kanagasundaram, City Engineer
Reviewed by: Ethan Bindernagel, Director of Community Development/Assistant City Manager Approved by: June Catalano, City Manager