CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF: February 17, 2026
=========================================================================================== To: Honorable City Councilmembers
From: Gold Ridge Fire Department
Responsible Department: City Attorney Alex Mog
Interim City Manager Mary Gourley
Subject: Consideration of Termination of the Healdsburg CUPA Joint Powers Agreement and Transition of CUPA Authority to Sonoma County Permit Sonoma- Fire Prevention Division.
=========================================================================================== RECOMMENDATION:
That the City Council:
1. Authorize the City Manager to submit a formal relinquishment request to the California Environmental Protection Agency (CalEPA) pursuant to Health and Safety Code §25404.3(f), requesting reassignment of CUPA authority to Sonoma County Permit Sonoma- Fire Prevention Division; and
2. Authorize the City Manager to work with Gold Ridge to execute and submit all required notices, correspondence, and transition documents necessary to effectuate the transfer.
If approved by CalEPA, Gold Ridge and City staff will return with remaining action items as listed later in the report.
PROCESS OF AGENDA ITEM:
1. If item remains on consent, no presentation of item is required. Item would be approved as a consent calendar item.
2. If item is removed from the consent calendar; item would be placed at the end of the regular agenda items or as otherwise determined by the Mayor for discussion following the process below:
a. Presentation of agenda item by the Requestor or Responsible Department b. Questions and discussion from Councilmembers
c. Public comment period
d. Council deliberation and motion
EXECUTIVE SUMMARY:
The City of Sebastopol currently receives Certified Unified Program Agency (CUPA) services through a Joint Powers Agreement (JPA) with the City of Healdsburg. The City does not intend to pursue certification as its own CUPA. Gold Ridge has requested, and staff supports Sebastopol's transition of CUPA oversight to the Sonoma County Permit Sonoma- Fire Prevention Division, which already serves as the CUPA for most jurisdictions within Sonoma County.
This action would initiate the required legal and administrative actions to request CalEPA approval for reassignment of CUPA responsibility to Sonoma County Permit Sonoma- Fire Prevention Division. Healdsburg CUPA would continue providing services during the transition period to ensure uninterrupted regulatory oversight.
BACKGROUND:
California’s Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program) consolidates six environmental and emergency response programs under local Certified Unified Program Agencies (CUPAs). Administered by CalEPA and enforced locally, it streamlines permitting, inspections, and enforcement for businesses handling hazardous materials.
The Unified Program consolidates six areas: Hazardous Materials Business Plan (HMBP), California Accidental Release Prevention (CalARP), Underground Storage Tanks (UST), Aboveground Petroleum Storage Act (APSA), Hazardous Waste Generators and Treatment.
Sebastopol currently contracts with the City of Healdsburg through a JPA for CUPA services (attached). After review, staff has determined that transitioning CUPA authority to Sonoma County Permit Sonoma- Fire Prevention Division is a viable long-term alternative that aligns Sebastopol with countywide regulatory administration.
DISCUSSION:
Transition Process
Because City staff does not recommend that Sebastopol certify as its own CUPA, the following first step is required: CalEPA Review and Approval: CalEPA will review the transition plan to ensure there is no regulatory gap. Upon approval, CalEPA will issue written confirmation designating Sonoma County Permit Sonoma- Fire Prevention Division as the CUPA for Sebastopol. The notice must state Sebastopol’s intent to relinquish CUPA authority and transfer jurisdiction to Sonoma County.
Once CalEPA approves the request, Gold Ridge and City Staff will return with additional actions listed below:
1. Termination of the Healdsburg JPA: Sebastopol must provide 180 days’ written notice of termination to:
• City of Healdsburg
• CalEPA
• Sonoma County Permit Sonoma- Fire Prevention Division
2. Formal Relinquishment of CUPA Authority: The City must submit a formal relinquishment letter to CalEPA pursuant to Health and Safety Code §25404.3(f), requesting reassignment of CUPA authority to Sonoma County Permit Sonoma- Fire Prevention Division.
3. Program and Records Transition: Healdsburg CUPA will coordinate with Sonoma County Permit Sonoma- Fire Prevention Division to transfer all relevant materials, including:
• Regulated facility files and permits
• Inspection and enforcement records
• Billing and surcharge information
• Open cases and ongoing compliance actions
4. Business Notification: Regulated businesses within Sebastopol will be notified of the change in CUPA authority.
Sonoma County Permit Sonoma- Fire Prevention Division will assume responsibility for all future permitting, inspections, and enforcement.
STAFF (CITY ATTORNEY) ANALYSIS:
Very few cities in California administer their own CUPA, and most rely on regional entities like Sonoma County Permit Sonoma- Fire Prevention Division. It is not clear why the City originally contracted with Healdsburg rather the Sonoma County to provide CUPA services in Sebastopol, given the distance between the two cities.
Transferring CUPA responsibilities will provide administrative benefits. Among other reasons, Sonoma County Permit Sonoma- Fire Prevention Division is the CUPA for the areas served by Gold Ridge. Dividing the termination and transition into two distinct steps ensures there are no disruptions in the CUPA activities.
PUBLIC COMMENT:
As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report, such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.
PUBLIC NOTICE:
This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date.
FISCAL IMPACT: There is no immediate fiscal impact associated with authorizing the transition process. Future costs and fee structures will be subject to Sonoma County Permit Sonoma- Fire Prevention Division’s adopted CUPA fee schedule.
RESTATED RECOMMENDATION: That the City Council:
1. Authorize the City Manager to submit a formal relinquishment request to the California Environmental Protection Agency (CalEPA) pursuant to Health and Safety Code §25404.3(f), requesting reassignment of CUPA authority to Sonoma County Permit Sonoma- Fire Prevention Division; and
2. Authorize the City Manager to work with Gold Ridge to execute and submit all required notices, correspondence, and transition documents necessary to effectuate the transfer.
If approved by CalEPA, Gold Ridge and City staff will return with remaining action items as listed later in the report.
OPTIONS:
1. Continue CUPA services under the existing Healdsburg JPA; or
2. Direct staff to explore certification of Sebastopol as its own CUPA (not recommended due to staffing, cost, and regulatory complexity).
ATTACHMENT(S):
1. Current JPA
2. Presentation Slides
3. Formal Relinquishment Letter to CalEPA requesting reassignment of CUPA Authority APPROVALS:
Department Head Approval: Approval Date: 2-4-2026
CEQA Determination (Planning): Approval Date: 2-4-2026
The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) Administrative Services/Financial Approval: Approval Date: 2-5-2026 Costs authorized in City Approved Budget: ☐ Yes ☐ No N/A Account Code (f applicable) ___________________________ City Attorney Approval: Approval Date: 2-5-2026
City Manager Approval: Approval Date: 2-5-2026
Sebastopol CUPA Program:
Ensuring Environmental and
Public Safety
Transitioning CUPA Authority from Healdsburg Fire Department to Permit Sonoma Fire Prevention Division
Presentation Objectives
What is the “CUPA Program”
History of the Local CUPA
Program
CUPA Program Oversight
Transition’s Effect on Facilities
Benefits of the Transition
What is the “CUPA Program”
C – Certified
U – Unified
P – Program
A – Agency
Six hazardous materials regulatory programs with one inspector Created to decrease the regulatory burden on businesses Inspections are kept at the local level instead of the State level The CUPA Program is regulated under the Health & Safety Code History of the Local CUPA Program
In 1993, the Governor signed California Senate Bill 1082, establishing the Unified Program.
The law enabled the consolidation and coordination of the administration, permit, inspection, and enforcement activities of the six environmental regulatory programs.
The Fire Chiefs from City of Sebastopol and City of Healdsburg applied to become a CUPA and receive delegated authority from State agencies to enforce a variety of laws in their jurisdictions.
The Fire Marshal from Healdsburg was tasked with conducting inspections for both cities to ensure they were business-friendly while educating the business community on the new regulations.
CUPA Program Oversight
Hazardous
Materials
Business Plan
•Inventory
•Emergency Response
•Employee Training
•CAL EPA
•Fifty-Seven Permitted
Facilities
Hazardous Waste
•EPA ID
•Manifests
•Employee Training
•Department of Toxic
Substances Control
(DTSC)
•Thirty Permitted
Facilities
Underground
Storage Tanks
(UST)
• Installs/Closures
•Annual Monitoring
•Upgrades
•Water Boards
•Four Permitted
Facilities
Aboveground
Storage Tanks
(APSA)
•Above Ground
Petroleum Storage Act
•Office of State Fire
Marshal
•Five Permitted
Facilities
Tiered Permitting
•Treatment of
Hazardous Wastes
•Department of Toxic
Substances Control
(DTSC)
•Zero Permitted
Facilities
Extremely
Hazardous
Materials (CAL
ARP)
•CAL OES
•Risk Management Plan
•Zero Permitted
Businesses
Transition’s Effect on the Facilities
Sonoma County Fire Prevention will issue billing and Permits Inspectors will have a different department logo
Reporting requirements will be the same, except they will report to Sonoma County Fire Prevention and Hazmat in CERS instead of Healdsburg/Sebastopol CUPA Billing due dates may change
Benefits of the Transition
CUPA Program are Fee Based
Included are Healdsburg/Sebastopol
CUPA and Sonoma County Hazmat
CUPA fees for comparison
Sonoma County Fire Prevention/CUPA
Inspectors can perform additional
inspections while on site if requested
Stormwater
&
Life Safety
Sonoma County oversees the Hazmat
Team for Emergency Response
Gold Ridge Fire District and Sonoma
County Hazardous Materials Response
Team
Emergency Response Collaboration
Sonoma County Fire Prevention
performs CUPA and Fire/Life Safety
Inspections for Gold Ridge Fire District
through an existing JPA
Retired Healdsburg Fire Marshal and
Healdsburg/Sebastopol CUPA Program
Manager (2007-2022) is employed parttime as a Sonoma County Fire Prevention/CUPA Inspector
Questions?
February 17, 2026
To:
California Environmental Protection Agency (CalEPA)
P.O. Box 2815
Sacramento, CA 95812
Subject: Formal Relinquishment of CUPA Authority – Request for Assignment to Sonoma County
PRMD CUPA
Dear CalEPA Representatives,
Pursuant to Health and Safety Code §25404.3(f), the City of Sebastopol formally requests the relinquishment of its Certified Unified Program Agency (CUPA) authority, currently administered through the Joint Powers Agreement with the City of Healdsburg, and the assignment of CUPA jurisdiction to Sonoma County Permit and Resource Management Department (PRMD) CUPA.
Sebastopol will coordinate with the Healdsburg Fire Department and Sonoma County PRMD CUPA to ensure the seamless transfer of all regulated facility files, permits, inspection and enforcement records, billing status, and open compliance cases. All CUPA program elements, including oversight of underground storage tanks (USTs), hazardous materials business plans (HMBPs), and risk management plans (RMPs), will be maintained in accordance with state standards throughout the transition.
We respectfully request CalEPA’s review and approval of this transition plan and written confirmation of Sonoma County PRMD CUPA’s assignment as the new CUPA for Sebastopol, effective upon completion of the required 180-day notice period.
If you require any additional information or documentation to facilitate this transition, please contact my office directly.
Sincerely,
Mary Gourley
Interim City Manager
City of Sebastopol