To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: ADOPT Resolution authorizing the Public Works Director/Chief Engineer to execute the amended Contra Costa Clean Water Program Agreement (2026-2041).
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
Acting as the governing body of Contra Costa County and the Contra Costa County Flood Control and Water Conservation District, ADOPT the attached Resolution authorizing the Public Works Director/Chief Engineer, or designees, to execute, on behalf of the County and the District, the Amended and Restated Contra Costa Clean Water Program (CCCWP) Agreement (2026-2041), effective July 1, 2026, among the County, the District, and the nineteen incorporated cities of Contra Costa, Countywide.
FISCAL IMPACT:
There is no immediate fiscal impact. Future costs will be allocated proportionally based on population as outlined in the Agreement’s cost-sharing formula. Stormwater Utility Area (SUA) assessments will continue to offset program costs for participating agencies. All associated costs are funded 100% by SUA 17 Funds. Project No. 7517-6W7091
BACKGROUND:
The 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 National Pollutant Discharge Elimination System (NPDES) stormwater permit. Over the years, the Program Agreement has been periodically updated to reflect evolving regulatory requirements. Since January 2025, 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, through June 30, 2041, outlines long-term obligations, cost-sharing formulas, and governance provisions for all co-permittees.
Key updates in the draft renewal 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 subcommittees such as Monitoring, Development, Public Information, and Regional Alternative Compliance.
• 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.
CONSEQUENCE OF NEGATIVE ACTION:
If the County and District decline participation in the amended Agreement, they would be responsible for securing independent NPDES permit coverage and assuming full compliance responsibilities.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
body
IN THE MATTER OF approving an amended and restated Contra Costa Clean Water Program Agreement effective July 1, 2026, through June 30, 2041.
The Board of Supervisors of Contra Costa County RESOLVES THAT;
WHEREAS, the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit, NPDES Permit No. CAS612008 issued by the San Francisco Bay Regional Water Quality Control Board (“Municipal Regional Permit”), requires Contra Costa County (County) and the Contra Costa County Flood Control and Water Conservation District (District), as permittees, to implement Best Management Practices and other control measures in order to control the discharge of pollutants through its municipal stormwater system;
WHEREAS, the cities of Antioch, Brentwood, Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek; the towns of Danville and Moraga, and the County and District (collectively, “Co-permittees”) are joint permittees under the Municipal Regional Permit with the same obligations;
WHEREAS, the Co-permittees have historically been parties to a joint program agreement to establish the “Contra Costa Clean Water Program” for the purpose of administering joint obligations under the Municipal Regional Permit on behalf of all Co-permittees;
WHEREAS, the Co-permittees desire to extend the joint program agreement by entering into an amended and restated agreement, effective July 1, 2026, through June 30, 2041; and
WHEREAS, the County and the District desire to remain parties to the Contra Costa Clean Water Program by entering into the amended and restated joint program agreement.
NOW, THEREFORE, BE IT RESOLVED, that the County Board of Supervisors, acting as the governing body of the County and the District, does resolve, declare, determine, and order as follows:
Section 1. The Board of Supervisors of Contra Costa County, acting in its capacity as the governing body of the County and the District, hereby approves the Amended and Restated Contra Costa Clean Water Program Agreement (July 1, 2026, through June 30, 2041) attached.
Section 2. The Board of Supervisors of Contra Costa County hereby authorizes and directs the Contra Costa County Public Works Director, or designee(s), to execute the Agreement on behalf of the County and the District.