PREPARED BY: SARAH KOLARIK DATE OF MEETING: 05/20/19
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING THE GREEN INFRASTRUCTURE PLAN AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD NPDES PERMIT CAS612008 SECTION C.3.J.I
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
Enhance Community Resilience - 202. Develop Long-Term Environmental Stewardship Goals is an adopted policy item contained in the FY 2019-21 Adopted City Council Priority Workplan, effective March 1, 2019.
CEQA Compliance Statement
The City of San Pablo filed a notice of exemption on April 8, 2019 under Article 19, Section 15307 “Actions by Regulatory Agencies for Protection of Natural Resources” since the development of the Green Infrastructure Plan is required by the San Francisco Bay Regional Water Quality Control Board (Order No. R2-2015-0049) for the protection of natural resources. When necessary, private and public projects that are anticipated for future development, as identified in this Plan, will file project-specific CEQA determinations separately.
BACKGROUND
As a result of the 1987 amendments to the Federal Clean Water Act, the Environmental Protection Agency was given the authority to regulate stormwater discharges from municipal stormdrains under the National Pollutant Discharge Elimination System (NPDES) regulations. In California, the NPDES permit is implemented and administered by the Regional Water Quality Control Boards. The San Francisco Bay Regional Water Quality Control Board (Water Board) is the local authority for Bay Area counties. The objective of the NPDES program is to improve water quality and creek health through the reduction and/or elimination of pollution entering our waterways.
On November 19, 2015, the Water Board adopted the reissuance of the Municipal Regional Stormwater NPDES Permit No CAS612008 (MRP 2.0). This updated permit became effective on January 1, 2016. One of the significant changes in the updated permit is the requirement for a Green Infrastructure Plan.
Green infrastructure (GI), in this context, refers to specially designed landscaped systems that capture and assist with the treatment of polluted runoff. GI facilities include, but are not limited to: pervious pavers, infiltration basins, bioretention facilities (“rain gardens”), green roofs, and rainwater harvesting systems, and can be incorporated into roadway, parking lot and building infrastructure.
MRP 2.0 required the City of San Pablo to develop a Green Infrastructure Framework by June 30, 2017 (adopted by Council Resolution 2017-100) and a full Green Infrastructure Plan (GI Plan) by September 2019. The City’s GI Plan will guide a shift from conventional existing “collect and convey” storm drain infrastructure to a more resilient, sustainable stormwater management system that reduces runoff volumes, disperses runoff to vegetated areas, harvests and uses runoff where feasible, promotes infiltration and evapotranspiration, and uses natural processes to detain and treat runoff.
The GI Plan includes the following required elements:
• A defined prioritization process for identifying potential and planned GI projects
• Prioritized potential and planned project lists and maps for 2020, 2030, and 2040
• Targets for the amount of impervious surface to be retrofit by 2020, 2030, and 2040
• A system for tracking and mapping completed projects
• Guidelines for project design
• Standard designs and specifications
• Requirements for sizing green infrastructure projects
• Integration with existing planning documents
• Evaluation of funding options
• Staff coordination and public outreach and education
Details regarding each of the above elements can be found in the City’s GI Plan, Attachment 2. In general, the GI Plan outlines a more comprehensive process for the planning, design, construction, and maintenance of GI within the City of San Pablo. However, at this time, the City is not implementing new requirements on private development beyond what is already required by the MRP 2.0. The GI Plan is intended to encourage more extensive integration of GI within City right-of-way (ROW) and drainage infrastructure capital improvement program (CIP) projects.
The City has no control over the location or timeline of new development or redevelopment of privately-owned properties; thus, there is no implied City commitment to the implementation of GI facilities on privately-owned properties that are identified in the GI Plan within a certain timeframe. While the City does have control over City-owned properties and the public ROW, the City does not commit to the implementation of projects beyond those identified for development in the GI Plan Table 6: “City Priority Projects with GI facilities - 2020 Timeframe.”
Several elements of the GI Plan were developed collaboratively with other Contra Costa municipalities through the Contra Costa Clean Water Program (CCCWP) or regionally through the Bay Area Stormwater Management Agencies Association (BASMAA). The remainder of the GI Plan was developed by City staff, with ongoing coordination between the Public Works (PW) and Community & Economic Development (C&ED) Departments.
FISCAL IMPACT
Development of the GI Plan
Stormwater assessment fees are collected as part of the annual property tax. The methodology used to determine stormwater fees is based on parcel area and the amount of impervious surface on each parcel. The City collects a Stormwater Utility Assessments (SUA) which generates approximately $400,000 per annum in revenue for the program. Approximately $100,000 of the revenue goes towards San Pablo’s pro-rata share of the CCCWP countywide program costs. A template for the GI Plan was developed by the CCCWP with the assistance of City of San Pablo staff.
The Environmental Services Division within PW hired a limited-term, part-time Environmental Program Analyst to assist with the in-house preparation of the GI Plan. This position was funded using the $60,000 that was allocated by Council for the FY2018/19 and FY2019/20 budget. These funds were initially intended for a contract with an outside consultant; however, it was determined to be more cost-effective to hire a limited-term employee to complete the GI Plan internally.
Private Implementation of the GI Plan
Private projects regulated by the MRP 2.0 are already required to construct GI facilities and the City does not intend to change these requirements beyond what is required by the MRP. Thus, the cost for private development of GI facilities will not be affected by the approval of the GI Plan nor will the City be responsible for financing any of these costs. The City may evaluate instituting an in-lieu fee or local alternative compliance for certain types of private development that are required to construct GI facilities, per MRP requirements, but face on-site constraints.
City Implementation of the GI Plan
Ongoing CIP projects that are incorporating GI facilities-e.g. El Portal Drive Urban Greening, new City Hall, Rumrill Boulevard Complete Streets, Wildcat Creek Restoration and Greenway Trail-already have funding allocated for the construction of GI facilities.
Moving forward, however, the ROW improvement projects and parcel-based City projects that may be completed by 2040 are unfunded. Assuming it costs approximately $250,000 per acre of treated area for parcel-based projects and $500,000 per acre of ROW improvement projects, in addition to an assumed inflation factor over the coming 20 years, it would cost the City approximately $32.4 million to implement the GI facilities that are required to meet MRP-defined pollutant reduction requirements.
In order to fund these projects, the City will need to evaluate opportunities to raise funds through grant sources, fees, or other means. Key grant sources are identified in Chapter 7 of the GI Plan. The City has already developed relationships with transportation and industry partners to utilize “local alternative compliance,” which allows entities with constraints to develop onsite GI facilities as part of certain projects to fund GI facilities in other locations.
Operations and maintenance of City-owned GI facilities will be multi-faceted. City maintenance crews will be responsible for regular litter clean-up and weed management within each system, as well as replacing any portions of it that may not be operating appropriately. Inspections of the systems before and after heavy rains will be critical to proper maintenance. Additional staff time from the Environmental Services Division will also be required to perform inspections on privately and publically developed GI facilities and submitting the required reporting to the Water Board. The total cost of operating and maintaining these systems will vary depending on size and location and can better be estimated as the sites are completed and staff gain hands-on experience.
ATTACHMENTS
1. City of San Pablo Green Infrastructure Plan
2. NOE GI Plan filed 040819
3. Green Infrastructure Plan Presentation