Fremont City Council Meeting: 09/08/26 07:00 PM
3300 Capitol Avenue Div/Dept: Environmental Services
Fremont, CA 94538 Category: Agreements and Contracts
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5775) DOC ID: 5775
Updated: 9/2/2026 2:57 PM by Alberto Quintanilla Page 1 Agreement Providing for Implementation of the Alameda Countywide Clean Water Program July 2027 through June 2042 - Approve Fremont’s Continued Participation as a Member Agency of the Alameda Countywide Clean Water Program by Authorizing Execution of a Successor Agreement For the 15-Year Period of July 2027 through June 2042
Contact Persons:
Name: Kathleen Cote-Guarnieri
Title: Environmental Services Manager
Div/Dept: Environmental Services
Phone: 510-494-4583
E-Mail: [email protected]
Executive Summary: The City of Fremont is a member agency of the Alameda Countywide Clean Water Program (Program), which includes Alameda County, its 14 cities and two special districts. Fremont is also a party to the agreement that established the Program, the Agreement Providing for the Implementation of the Alameda County Clean Water Program (Agreement). Participation in the Program provides the most cost- efficient means for the member agency municipalities and districts to obtain a federally mandated National Pollutant Discharge Elimination System (NPDES) permit. The permit requires actions designed to reduce or eliminate pollutants discharged from a municipality’s storm drain system. The current 15-year Program Agreement is set to expire June 30, 2027.
Administrative decisions for the Program are made by the Management Committee, which is comprised of one appointed staff representative from each member agency. The Management Committee has recommended that member agencies approve a successor Agreement which continues existing Agreement terms with minimal changes but updates the allocation of Program costs to incorporate current population numbers, area data, and anticipated baseline costs. It establishes a new 15-year term from July 1, 2027, through June 30, 2042, with a 5-year extension option.
Under the successor agreement, Fremont’s cost to participate in the Program will decrease slightly from 14.03% of Program costs to 13.99%. This is estimated to be $400,000 in FY 2027/28 and will be adjusted by CPI over the term of the Agreement. Fremont’s Program participation is funded 50% from the Clean Water Program Fee and 50% from the Integrated Waste Management Fund. There is no anticipated General Fund impact.
Council Staff Report (ID # 5775) Meeting of September 8, 2026 Updated: 9/2/2026 2:57 PM by Alberto Quintanilla Page 2
Staff recommends the City Council authorize the City Manager or designee to execute the Agreement Providing for Implementation of the Alameda Countywide Clean Water Program (July 1, 2027 – June 30, 2042) to continue Fremont’s participation in the Alameda Countywide Clean Water Program.
Background: The Agreement was initially adopted in 1991 as a method for the members to apply for the State and federally mandated municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit and to work collaboratively in implementing numerous permit requirements that are accomplished more cost-effectively as a group.
The current municipal stormwater NPDES permit, referred to as the Municipal Regional Stormwater Permit or MRP 3.0, was issued in 2022 and is in the process of being reissued. Fremont is required to comply with the MRP as are 79 other public agencies (municipalities and flood control districts) throughout the Bay Area.
Activities conducted collectively include water quality monitoring, pesticide toxicity control, public information and outreach, guidance documents, inspector training, reporting, and new program development. Without the Program, Fremont would have to conduct these compliance activities on its own, which would be far more difficult and costly.
The Agreement has been extended and revised several times since 1991 in response to evolving conditions and permit requirements. The current Agreement was executed in 2012 and expires on June 30, 2027. Continuing the Program requires a new agreement that is approved by the governing bodies of the member agencies.
Discussion/Analysis: The ACCWP Management Committee formed a workgroup in 2025 to review the current Agreement and recommend updates based upon changed conditions and evolving permit requirements.
The workgroup reviewed available information on the prior Agreements, gathered updated data to evaluate the cost share allocation formula and evaluated the implications of the updated data. The workgroup sought feedback and input from the Management Committee at key points during the assessment and incorporated this input into the analysis and subsequent recommendations, which are summarized below. The ACCWP Management Committee approved the proposed revised agreement on June 24, 2026, which includes the following elements:
Council Staff Report (ID # 5775) Meeting of September 8, 2026 Updated: 9/2/2026 2:57 PM by Alberto Quintanilla Page 3
• Retention of the cost share allocation formula, including a baseline and proportional component, to equitably distribute the costs of implementing the Program.
• Increase in baseline costs for general increases in program management and subcommittee support costs (approximately 2%) and the addition of the new Data Management Subcommittee (approximately 2%).
• Data used for the cost share allocation has been updated with current information. The Population Factor uses current California Department of Finance population data and the Area Factor uses the California Department of Technology GIS data.
The updates result in baseline cost share, distributed evenly across member agencies, increasing from 22% to 26% of the total. The remaining proportional Program costs, distributed across member agencies based on population and area, will decrease from 78% to 74%.
These revisions result in a slight reduction to Fremont’s cost share from
14.03% of Program costs to 13.99% of Program costs, which are projected to be approximately $400,000 in FY 2027/28. This cost allocation percentage will remain in effect for the duration of the Program Agreement, although the total dollar amount of contributions will be adjusted by an annual CPI.
The Agreement has been updated to reflect Program Management services being contracted out and the transition of fiscal agent duties to Fremont, effective July 1, 2023. The revised agreement also includes an extension clause that would allow the Management Committee to extend the Agreement by five years.
Fiscal Impact: Fremont’s contribution to the Program starting in FY 2027/28 will be approximately $400,000 funded 50% from the Urban Runoff Fund (Fund 123) and 50% from the Integrated Waste Management Fund (Fund 115). Although Fremont’s percentage cost allocation for participation in the Program will be reduced, this will be offset over the course of the Agreement by a projected increase in total Program costs. There is no anticipated impact to the General Fund for the Program contribution.
Environmental Review: The proposed action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Council Staff Report (ID # 5775) Meeting of September 8, 2026 Updated: 9/2/2026 2:57 PM by Alberto Quintanilla Page 4 Guidelines Section 15378(b)(2), 15378(4)and/or 15378(b)(5) and it has no possibility of a significant effect on the environment, as specified in CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
Attachments: None.
Recommendation: Approve Fremont’s continued participation as a member agency of the Alameda Countywide Clean Water Program by authorizing the City Manager or her designee to execute the Agreement Providing for Implementation of the Alameda Countywide Clean Water Program (July 1, 2027 – June 30, 2042)