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March 27, 2012

A regular meeting of the City of San Ramon Geologic Hazard Abatement District No. 1990-01 was held March 27, 2012 at 5:46 p.m. in the City Council Chamber at City Hall, 2222 Camino Ramon, Board Chair Clarkson presiding.
PRESENT:  Board Members Hudson, Perkins (late), Board Vice Chair Livingstone, and Board Chair Clarkson.
ABSENT:  Board Member O’Loane
STAFF PRESENT:  City Manager Greg Rogers, Interim City Attorney Bob Saxe, Senior Administrative Analyst Steven Spedowfski, and District Clerk Patricia Edwards.

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Board Member Hudson led those in attendance in the pledge of allegiance.

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The District Clerk reported that there were no requests for public comment.

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(#5.1) Minutes of the February 28, 2012 meeting.

Mbr. Hudson’s motion to approve the February 28, 2012 meeting minutes was seconded by Board Vice Chair Livingstone and passed 3-0-2-0.  Mbr. O’Loane and Mbr. Perkins were absent.

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(#8.1) Geologic Hazard Abatement District No. 1990-01 (GHAD) – Adopt Resolution GHAD No. 2012-07 – Authorizing the District Manager to Cast Ballots for the 2012 Community Clean Water Initiative for All Parcels Owned by the GHAD.

Steven Spedowfski, Senior Administrative Analyst, provided an overview of the Stormwater program, regulatory history, Municipal Regional Permit (MRP), funding, and the Community Clean Water Initiative.  Local municipalities are required by law to eliminate or reduce polluted stormwater and urban runoff.  The Permit contains 15 sections with 148 provisions and 391 deliverables over the five year term.  Mr. Spedowfski summarized the five primary areas of responsibilities for San Ramon which include: stormwater conveyance system maintenance; inspection and enforcement; public education and commercial/industrial outreach; municipal regional permit compliance; and state construction general permit.  Significant changes and additions to the MRP include an increase in regional water quality monitoring; increase in administrative tasks and reporting; installation of trash control devices within the City limits; onsite stormwater runoff treatment for any project over 10,000 square feet or 2,500 square feet for residential; and a change in the use of these funds for street sweeping.  It is anticipated that all future construction sites will require treatment permits.

The Stormwater Program is funded through assessments based on an Equivalent Runoff Unit (ERU).  The estimated revenue generated for 2012-13 is $1.2 million. The City of San Ramon reached the ERU cap of $35 per household in 2003/04.  The proposed budget for 2013-14 is $1.4 million with an anticipated  revenue shortfall of $86,000.  Starting in 2005/06, the Contra Costa Clean Water Program (CCCWP) began collecting money for a stormwater funding analysis.   Mr. Spedowfski provided an overview of the Stormwater Quality Funding Initiative.  Based on a funding needs study, a rate of $22 is estimated to be the average level of funding needed by County municipalities to cover the gap in funding shortfalls created by the new MRP requirements.  The fee is a new property related fee and not an increase in the existing Stormwater Utility Assessment (SUA).

The initiative includes strict financial safeguards to ensure limited funding increases and proper distribution and use of fees.  These safeguards include: all funds are to be used only for MRP compliance activities; 100% return to source for the community where the funds were generated; an independent Citizens Oversight Committee for annual reviews; mandatory annual audits; ten-year sunset for the fee; and an annual increase based on the Consumer Price Index not to exceed 2%.

Mr. Spedowfski stated that the City owns 69 parcels with a combined annual fee of $8404.98.  The GHAD owns 5 parcels with a combined annual fee of $667.04.  The estimated revenue generated for the City will be $616,489 annually for a ten-year period.  If approved, the new fee would appear on the November 2012 property tax roll. 

Mbr. Perkins asked why a multifamily building had a .8 Single Family Equivalent (SFE) fee rate while a condominium unit had a .5 SFE fee rate.  Mr. Spedowfski explained that the rate is based on an average impervious surface calculation for these units and the lot size.  Mbr. Perkins questioned if there was a rate for unimproved agricultural land.  Mr. Spedowfski responded that there is no rate for this category.  The GHAD is permanently preserved open space of general service use with paved trails (e.g. service roads).  Mbr. Perkins requested that staff research the fee for unimproved versus improved agricultural land.  Mr. Spedowfski stated that since the fee has not been established, there is no appeal process.  Mbr. Perkins asked that staff do an evaluation on available information to determine if the definition is being applied properly.  Mbr. Perkins asked about the citizen oversight committee.  Mr. Spedowfski replied that the details regarding the formation of that committee have not been decided.  Mr. Spedowfski stated that the public can view the ballot counting in Martinez. 

Mbr. Hudson’s motion to approve Resolutions GHAD No. 2012-07 was seconded by Mbr. Perkins and passed 4-0-1-0.  Mbr. O’Loane was absent.

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At 6:05 p.m., there being no further business, Board Chair Clarkson adjourned the meeting.


Bill Clarkson, Board Chair
Patricia Edwards, District Clerk

Approved at the April 24, 2012 GHAD meeting 4-0-0-1; O'Loane abstained.

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