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Staff Report

Hercules City Council
April 14, 2026

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Staff Report
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April 14, 2026
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Hercules City Council
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STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 14, 2026
TO: Mayor and Members of the City Council
VIA: Patrick Tang, Interim City Manager
SUBMITTED BY: Glenn Dombeck, Public Works Director/City Engineer SUBJECT: Adopt the Resolution to Approve the Amended and Restated Contra Costa Clean Water Program Agreement (2026-2041) and Authorize the City Manager to Execute the Agreement RECOMMENDED ACTION:

Adopt the resolution approving the Contra Costa Clean Water Program (CCCWP) Agreement and authorize the City Manager to execute the Agreement.

BACKGROUND:

The parties to the proposed 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 compliance through the Contra Costa Clean Water Program (CCCWP). The current agreement needs to be replaced with a new, amended and restated Agreement to ensure compliance with updated procurement requirements and to reflect updated practices. The proposed Agreement would be effective July 1, 2026 through June 30, 2041.

At this time, CCCWP has continued operating on a month‑to‑month basis, maintaining existing provisions and program responsibilities to ensure ongoing compliance with the Municipal Regional NPDES Permit until a new long-term agreement is approved.

ANALYSIS:

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 NPDES permit. Over the years, the Program Agreement has been periodically updated to reflect evolving regulatory requirements. The CCCWP Management Committee has developed the proposed Agreement to provide significant updates to administrative processes, committee structures, and compliance frameworks. Additionally, the proposed 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 Agreement 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.

Were the City to decline approving participation in the proposed Agreement and CCCWP, the City would need to secure independent NPDES permit compliance and administration coverage and would have to assume full compliance responsibilities for the City.

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 assessments will continue to cover program costs for participating agencies.

ATTACHMENTS:

Attachment 1 Resolution
Attachment 2 CCCWP Agreement (Final Draft)

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