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CITY COUNCIL AGENDA ITEM NO. 12

 Meeting Date:  August 22, 2000

Subject/Title:    Dedicated Source of Revenue for the State Water Resources Control Board State Revolving Fund Loan 

Submitted by:   Engineering: J. Stevenson/P. Eldredge 

Approved by:    Jon Elam, City Manager   

RECOMMENDATION

Passage of a Resolution dedicating the revenue obtained from the Sewer Rate Study For Fiscal Years 1999/00 to 2004/05, as approved by ordinance 613, to repay the State Revolving Fund Loan on Project No. C-06-4585-110, to remain in effect until such loans are fully discharged unless modification or change of such dedication is approved in writing by the State Water Resources Control Board (SWRCB).

 PREVIOUS ACTION

On November 24, 1998, by Resolution No. 98-209, the City Council approved the certification of the Environmental Impact Report for the Wastewater Treatment Plant Expansion with Discharge to Marsh Creek, CIP Project No. 592-5911. 

On February 9, 1999, by Resolution 99-58, the City Council directed staff to proceed with the design of the tertiary sewage treatment plant expansion. 

On March 9, 1999, by Resolution No. 99-72, the City Council adopted the Mitigation Monitoring Plan and Findings of Fact for the City of Brentwood Wastewater Treatment Plant Expansion with Discharge to Marsh Creek and directed Staff to file a Notice of Determination (NOD) with the Contra Costa County Clerk's Office. 

On March 23, 1999, by Resolution No. 99-77, the City Council approved the agreement between G.S. Dodson & Associates, Consulting Engineers, and the City of Brentwood to provide professional design services for the Wastewater Treatment Plant Expansion. 

On June 8, 1999, by Resolution No. 99-146, the City Council approved the agreement between Camp Dresser & McKee, Inc. and the City of Brentwood to provide value engineering services for the Wastewater Treatment Plant Expansion Project including but not limited to reviews and design reports at the 10% and 50% design stage. 

On December 14, 1999, by Resolution No. 99-255, the City Council approved the agreement between The Covello Group, Inc. and the City of Brentwood to provide Construction Management services for the Wastewater Treatment Plant Expansion Project. 

On April 25, 2000, by Resolution No. 2060, the City Council designated Jon Elam, John Stevenson and Paul Eldredge as the City’s authorized representatives to the State Water Resources Control Board’s State Revolving Fund Loan Program. 

On May 23, 2000, by Resolution No. 2083, the City Council authorized the City Engineer to enter into an agreement with the United States Geological Survey (USGS) for the installation of a gauging station on Marsh Creek. 

On June 27, 2000, the City Council awarded the construction contract for the Wastewater Treatment Plant Expansion Project, CIP Project No. 592-5911, to S.J. Amoroso Construction Co., Inc. and Pacific Mechanical Corporation, a Joint Venture. 

July 11, 2000, the City Council approved the agreement between G.S. Dodson & Associates and the City of Brentwood for Office Engineering Services During Construction of the Wastewater Treatment Plant Expansion. 

BACKGROUND

On May 11, 2000 Council adopted ordinance 613 which adopted the Sewer Rate Study for Fiscal Years 1999/00 to 2004/05.  This ordinance also included some ‘whereas’ clauses that indicated that the City would utilize a portion of these new sewer rates to repay the loan obtained from the SWRCB for the Wastewater Treatment Plant Expansion Project. 

Unfortunately the SWRCB recently decided that a ‘whereas’ clause indicating the City would repay the loan was legally unenforceable and wanted the language included in the ‘now therefore be it resolved’ portion of a resolution or ordinance.  Therefore, the resolution before you officially designates a portion of the funds from the Sewer Rate Study to repay the aforementioned loan. 

This Resolution will have no fiscal impact on the City as we are formalizing our commitment to repay the loan, which the City had already done informally through ordinance 613. 

Attachment:

Resolution

RESOLUTION NO. 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD dedicating the revenue obtained from the Sewer Rate Study for fiscal years 1999/00 to 2004/05 as approved by ordinance 613 to repay the State Revolving Fund Loan on Project No. C-06-4585-110, to remain in effect until such loans are fully discharged unless modification or change of such dedication is approved in writing by the State Water Resources Control Board (SWRCB). 

WHEREAS, on May 11, 2000 the City Council of the City of Brentwood adopted Ordinance 613 which adopted the Sewer Rate Study for Fiscal Years 1999/00 to 2004/05; and 

WHEREAS, this ordinance also included some ‘whereas’ clauses that indicated that the City would utilize a portion of these new sewer rates to repay the loan obtained from the SWRCB for the Wastewater Treatment Plant Expansion Project, CIP Project No. 592-5911; and 

WHEREAS, SWRCB recently decided that a ‘whereas’ clause indicating the City would repay the loan was legally unenforceable and wanted the language included in the ‘now therefore be it resolved’ portion of a resolution or ordinance. 

NOW, THEREFORE BE IT RESOLVED that the City of Brentwood officially dedicates the revenue obtained from the Sewer Rate Study for Fiscal Years 1999/00 to 2004/05 as approved by Ordinance 613 to repay the State Revolving Fund Loan on Project No. C-06-4585-110, to remain in effect until such loans are fully discharged unless modification or change of such dedication is approved in writing by the State Water Resources Control Board (SWRCB). 

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 22nd day of August, 2000 by the following vote: 

AYES:         

NOES:       

ABSENT:   

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