PREPARED BY: AMANDA BOOTH DATE OF MEETING: 04/20/2026
SUBJECT:
TITLE
CONSIDER (1) ADOPTING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING AN AMENDED AND RESTATED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABLO REGARDING IMPLEMENTATION OF THE CONTRA COSTA CLEAN WATER PROGRAM (CCCWP) EFFECTIVE JULY 1, 2026 THROUGH JUNE 30, 2041; (2) ADOPTING A RESOLUTION APPROVING THE CONTRA COSTA CLEAN WATER PROGRAM (CCCWP) INSPECTION ACTIVITIES AGREEMENT BETWEEN THE WEST COUNTY WASTEWATER DISTRICT, THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, AND THE CITY OF SAN PABLO; AND (3) AUTHORIZING THE CITY MANAGER TO EXECUTE BOTH AGREEMENTS
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
FY 2025-2027 Council Priority Workplan Compliance Statements:
Enhance Community Resilience - 202. Identify and Implement Long-Term Environmental Stewardship Goals is a major policy goal contained in the FY 2025-27 City Council Priority Workplan, effective April 7, 2025.
BACKGROUND
The Contra Costa Clean Water Program (CCCWP) was established in 1991 to enable Contra Costa County, its cities, and the Flood Control District to jointly comply with stormwater regulations under the NPDES permit. The Parties to the Agreement-the Contra Costa County Flood Control and Water Conservation District and 21 incorporated cities and towns-are joint permittees under the Municipal Regional Stormwater NPDES Permit (No. CAS612008), which requires countywide coordination for stormwater compliance.
Over the years, the Program Agreement has been periodically updated to reflect evolving regulatory requirements. Since January 2025, the CCCWP Management Committee has reviewed a draft renewal agreement that introduces significant updates to administrative processes, committee structures, and compliance frameworks. Additionally, the amended and restated agreement for July 1, 2026 - June 30, 2041, outlines long-term obligations, cost-sharing formulas, and governance provisions for all co-permittees.
Key updates in the proposed updated CCCWP Program Agreement (Attachment C) include:
• Administrative and Contracting Updates: Aligning contracting processes with Contra Costa County procurement standards and clarifying indemnification provisions.
• Committee Structure: Introducing tiered participation based on population size and formalizing roles for sub-committees such as Monitoring, Development, Public Information, and Regional Alternative Compliance (RAC).
• Termination and Continuity: Revised withdrawal procedures and a provision allowing the expired agreement to remain in effect until renewal is executed, ensuring uninterrupted compliance.
• Program Staffing Flexibility: Options for staff augmentation to minimize operational disruptions.
• Cost Allocation: Future program costs will be apportioned based on population using a standardized formula.
As part of renewing the CCCWP agreement, the City also participates in the CCCWP Inspection Activities Program to comply with provision C.4- Commercial and Industrial Site Controls of the City’s NPDES permit. The renewal of the CCCWP Inspection Activities Agreement is critical to ensure continued compliance with the Municipal Regional Permit (MRP) 3.0, which became effective on May 11, 2022, and introduced new and enhanced requirements for Provision C.4. These updates significantly expand inspection obligations for permittees, including:
• Inspection Frequency and Coverage: MRP 3.0 mandates periodic inspections of commercial and industrial facilities to verify stormwater best management practices (BMPs) and pollutant source controls.
• Enhanced Documentation and Reporting: The permit requires detailed tracking of inspection findings, corrective actions, and follow-up activities, which must be accurately reported in annual compliance reports.
• Expanded Facility Categories: Additional facility types now fall under inspection requirements, increasing the workload and complexity for individual permittees.
• Integration with Enforcement Protocols: MRP 3.0 emphasizes timely enforcement actions for non-compliance, requiring coordinated efforts and consistent application of enforcement procedures across jurisdictions.
The inspection activities facilitated by the West County Wastewater District have proven essential for meeting these obligations efficiently and cost-effectively. The renewed agreement (Attachment D) incorporates administrative updates, invoicing improvements, backup staffing provisions, and alignment with MRP 3.0 requirements, ensuring that the inspection program remains a robust and collaborative mechanism for compliance. Additionally, including a provision to maintain the existing agreement in effect until the new one is executed will safeguard against service interruptions during the renewal process.
Staff is requesting that the City Council approve the resolution authorizing the City Manager to execute the Contra Costa Clean Water Program Agreement (Attachment C) and the CCCWP Inspection Activities Agreement (Attachment D). Both agreements will be circulated for signatures via DocuSign.
FISCAL IMPACT
There is no impact to the General Fund from either agreement. Annual costs for the Contra Costa Clean Water Program (CCCWP) and the CCCWP Inspection Activities Program are fully funded through the City’s Stormwater Utility Assessment (SUA). The SUA generates approximately $430,000 in revenue each year, of which about $150,000 is allocated to support CCCWP participation and CCCWP Inspection Activities Program activities.
CCCWP costs are apportioned annually based on population, consistent with the agreement’s cost-sharing formula. While costs vary depending on permit requirements, they typically range from $90,000 to $110,000 per year. The City’s SUA will continue to fully fund these obligations.
To comply with MRP 3.0 requirements, the City anticipates completing approximately 60 commercial and industrial inspections annually. The cost of these inspections, conducted by the West County Wastewater District, is estimated at $40,000 per year and is also fully covered by the SUA.
ATTACHMENTS:
Att A- Reso- Contra Costa Clean Water Program Agreement
Att B- Reso- Contra Costa Clean Water Inspection Activities Agreement
Att C- Contra Costa Clean Water Program Agreement
Att D- Contra Costa Clean Water Inspection Activities Agreement