Agenda packet — San Ramon City Council, October 11, 2022

CITY COUNCIL AGENDA
October 11, 2022

WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE

ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON
David E. Hudson, Mayor • Sridhar Verose, Vice Mayor
Mark Armstrong, Councilmember • Scott Perkins, Councilmember • Sabina Zafar, Councilmember Agenda Questions: Please call the City Clerk (925) 973-2539 Documents received after publication of this Agenda and considered by the City Council in its deliberation will be available for inspection in the City Clerk’s Office at 7000 Bollinger Canyon Road, San Ramon during normal business hours and in the red binder at the Council meeting.

Council Chamber
7000 Bollinger Canyon Road
REGULAR MEETING – 7:00 PM

MEETING PROCEDURES
Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public. This meeting will be conducted both in-person and remotely via Zoom. Please note that remote participation in the meeting is optional, and if there are technical or connection issues for Zoom, the City Council meeting will continue.

It is recommended that anyone wishing to view and/or participate in the meeting virtually download the Zoom application, www.zoom.us, before the start of the meeting. Zoom participants will have the opportunity to speak during one of the Public Comment periods (for topics not on the agenda), in addition to each of the agendized items.

If you would like to submit written public comment via email, please do so by 5:00 p.m. on Tuesday, October 11, 2022, to [email protected]. Please include “Public Comment 10/11/2022” in the subject line. In the body of the email please include your name and the item you wish to comment on. Written comments submitted will be provided to the Council prior to the start of the meeting. Written public comment will not be read aloud during the meeting. If you wish to make your comments heard, you must participate in the Zoom meeting or attend the meeting in person.

Attendee Conduct
There will be zero tolerance for any person addressing the Council making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting. Specifically, it is important for all speakers to adhere to the following guidelines for participation in this meeting:
2 City Council Meeting – October 11, 2022
a. No profanity or obscenity.
b. Refrain from personal threats or attacks.
c. Refrain from hateful epithets and demeaning language based on any person’s race, religion, sexual orientation, ethnicity, gender, or disability. d. Respect all people that are present or watching.

At the discretion of the Mayor, a speaker may forfeit speaking time for any of the following reasons:
a. Exceeding the allotted time to speak;
b. Yelling, screaming, or other behavior that renders this Council unable to continue the meeting;
c. Excessive profanity or slander;
d. Specific threats or “fighting words” that incite violence; or e. Speech that is outside the subject matter jurisdiction of the Council or the specific agenda item in which you are speaking.

HOW TO VIEW OR PARTICIPATE IN THE MEETING:

1. In-Person – San Ramon City Hall, Council Chamber, 7000 Bollinger Canyon Road

2. To view or participate in the meeting through Zoom
Livestream online at: https://cityofsanramon.zoom.us/j/97297879799 Webinar ID: 972 9787 9799
Use the “Raise Your Hand” button to request to speak when Public Comment is being taken on the Agenda item. You will then be unmuted when it is your turn to make your comment for up to three minutes. After the allotted time, you will then be re-muted.

3. To view the meeting live online at: www.sanramon.ca.gov/YouTube

4. To listen or participate in the meeting by telephone, dial: +1 (669) 900-6833 Webinar ID: 972 9787 9799
Use *9 on your telephone to raise your hand and request to speak when Public Comment is being taken on the Agenda item. You will then be unmuted when it is your turn to make your comment for up to three minutes. After the allotted time, you will then be remuted. 3 City Council Meeting – October 11, 2022

1. CALL TO ORDER/ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk. If you are participating remotely, click the “Raise Your Hand” button on your computer or *9 on your telephone to request to speak when Public Comment is being taken on the Agenda item.

3.3 Board, Committee and Commission Meetings
A complete list of upcoming meetings may be found on the City's website at:
www.sanramon.ca.gov. Subscription service is available at the link for automatic meeting notification. Contact the City Clerk with questions, (925) 973-2539.

4. PUBLIC COMMENT
Members of the audience are encouraged to address the City Council on any non-agenda item.

Members of the public who are participating via Zoom will have the opportunity to make comments to the City Council live through the Zoom application.

Comments from the public on non-agenda items may also be submitted by email to [email protected]. Comments received by email will not be read aloud; however, they will be forwarded to the Council for their consideration. If you wish to present your comments to the public, you may do so in-person, by Zoom, or by telephone during this Public Comment period or the second Public Comment period, later in the meeting. No Council action can be taken at this meeting on issues raised during Public comment, whether submitted in person or remotely. Those wishing to have an item brought before the City Council for consideration must request so during a City Council meeting. Upon Council approval, the item will be place on the Council Policy Committee Agenda for further consideration.

For the first round of Public Comment on non-agenda items, the first 10 people to speak will have three minutes to address the Council on matters not on the agenda. Any additional Public Comment will be accommodated later in the meeting.

5. CONSENT CALENDAR
Consent Calendar items are considered routine and are acted upon by the City Council with a single action. Members of the audience wishing to provide public input may request (by email to the City Clerk or under Item 4 Public Comment) that the City Council remove the item from the Consent Calendar. Members of the public may request that items be removed from the Consent Calendar, however, the decision to remove the item is solely at the discretion of the City Council.

With respect to the approval of resolutions and ordinances, the reading of the title thereto shall be deemed a motion to waive a reading of the complete resolution or ordinance and unless there is a request by a Council member that the resolution or ordinance be read in full, further reading of the resolution or ordinance shall be deemed waived by unanimous consent of the Council. 4 City Council Meeting – October 11, 2022

5.1 Minutes of the City Council Regular Meeting and Closed Session – Sep 27, 2022 Recommendation: Accept Minutes

5.2 Minute Order No. 2022-023 - Authorizing the Continued Use of Teleconferencing for the Meetings of All City Legislative Bodies for the Next 30 Days, Pursuant to the Provisions of AB 361 and as Adopted by Minute Order No. 2021-005 Recommendation: Approve Minute Order No. 2022-023

5.3 Resolution No. 2022-126 - Accepting the Work by O’Grady Paving, Inc. for the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006) as Complete, and Authorizing the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office
Recommendation: Approve Resolution No. 2022-126

6. SPECIAL PRESENTATIONS

6.1 Legislative Update by California State Assemblymember Rebecca Bauer-Kahan.

6.2 Proclamation Declaring October 2022 as Domestic Violence Awareness Month.

Presented by Mayor Hudson to Megha Sharma Narang, Rewire Community and Shailaja Dixit, Narika.

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

10.1 Resolution No. 2022-127 - Authorizing the City Manager to Execute a Reimbursement Agreement with the San Ramon Historic Foundation for the Renovation of the Organic Garden at Forest Home Farms in the Amount of $65,000; Appropriating These Funds to the Forest Home Farms Structures Project (CIP 925418); and Authorizing a Project Budget Increase to CIP 925418 in the Amount of $65,000 for a Total Project Budget of $318,800 for FY 2022/23 Recommendation: Approve Resolution No. 2022-127
Staff Report by Brad Morris, Parks and Community Services Division Manager

10.2 Resolution No. 2022-128 - Adopting the Affordable Rental Housing Fee Wavier Policy for Certain Rental Projects that Are All Affordable to Household Making 80% of Area Median Income or Lower
Recommendation: Approve Resolution No. 2022-128
Staff Report by Lauren Barr, Planning Services Division Manager 5 City Council Meeting – October 11, 2022

10.3 Public Hearing: Introduction of Ordinance (Next in Line) Repealing and Replacing Chapter I (California Building Code), Chapter II (California Mechanical Code), Chapter III (California Plumbing Code), Chapter IV (California Electrical Code), Chapter V (California Residential Code), Chapter VIII (California Green Building Standards Code) and Chapter IX (California Fire Code) of Division C1 of Title C of the San Ramon Municipal Code; and Adding Chapter X (California Existing Building Code) of Division C1 of Title C of the San Ramon Municipal Code
Recommendation: Receive the Staff Report, Introduce the Ordinance (Next in Line), Waive the Reading and Read by Title Only, Open the Public Hearing to Consider the Proposed Ordinance, Receive Public Testimony, Close the Public Hearing, Deliberate and, if Appropriate, Set the Ordinance for Adoption on October 25, 2022
Staff Report by Vance Phillips, Chief Building Official

11. CITY MANAGER'S AND CITY COUNCIL MEMBERS' COMMENTS

12. PUBLIC COMMENT
At this time, those in the audience who have not previously spoken under the previous Public Comment (Agenda Item 4) are encouraged to address the City Council on any item not already included in tonight’s agenda. No Council action can be taken at this meeting on issues raised during Public Comment. All comments will be limited to three minutes. Those wishing to have an item brought before the City Council for consideration must request so during a City Council meeting. Upon City Council approval, the item will be placed on the Council Policy Committee agenda for further consideration.

13. ADJOURNMENT
I hereby certify the attached City Council agenda was posted 72 hours before the noted meeting.

Dated: October 6, 2022
6 City Council Meeting – October 11, 2022
The agenda with links to minutes and staff reports is available on the City’s website:
www.sanramon.ca.gov

* * * * *
This Agenda is posted in accordance with Government Code Section 54954.2(a).

To request a disability-related accommodation(s) to participate in the meeting, please contact the City Clerk 72 hours in advance of the meeting at (925) 973-2539. * * * * *
Information for public participation at Council meetings, including the time limits for addressing the Council, is provided on the agenda.

If you have any questions, please contact the City Clerk prior to the meeting. * * * * *
Regular City Council meetings are broadcast on Contra Costa Television (CCTV) (Channel 27) on Wednesdays at 7:00 p.m. and Thursdays at 1:00 p.m. immediately following the meeting.

Regular City Council meetings are also broadcast on AT&T U-Verse (Channel 99).

Regular City Council meetings may also be viewed at
http://sanramonca.iqm2.com/citizens/default.aspx

MINUTES OF THE

CITY OF SAN RAMON

CITY COUNCIL MEETING
September 27, 2022

1. CALL TO ORDER/ROLL CALL
The meeting was called to order at 7:00 p.m.

Attendee Name Title Status Arrived
Dave Hudson Mayor Present 7:00 PM
Sridhar Verose Vice Mayor Present 7:00 PM
Mark Armstrong Councilmember Present 7:00 PM
Scott Perkins Councilmember Present 7:00 PM
Sabina Zafar Councilmember Present 7:00 PM
Also in attendance: City Manager Joe Gorton, City Attorney Martin Lysons, City Clerk Christina Franco, Public Works Program Manager Brent Scroggs, Parks and Community Services Division Manager Brad Morris, and Parks and Community Services Program Manager Keith Haase.

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.3 Board, Committee and Commission Meetings

4. PUBLIC COMMENT
Public comment was received from Sara Lashanlo, Call In User 1, and Mary Beth Bykowsky.

5.1 Packet Pg. 6
Minutes Acceptance: Minutes of Sep 27, 2022 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – September 27, 2022
Vice Mayor Verose's motion to adopt consent calendar items 5.1-5.8 was seconded by Cm. Zafar. The motion passed 5-0-0-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sridhar Verose, Vice Mayor
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar

5.1 Minutes of the City Council Regular Meeting - September 13, 2022 Recommendation: Accept Minutes

5.2 Register of Demands as Presented by the City Treasurer (Period Ending August 31, 2022)
Recommendation: Approve Register of Demands

5.3 Minute Order No. 2022-022 - Authorizing the Continued Use of Teleconferencing for the Meetings of All City Legislative Bodies for the Next 30 Days, Pursuant to the Provisions of AB 361 and as Adopted by Minute Order No. 2021-005 Recommendation: Approve Minute Order No. 2022-022

5.4 Resolution No. 2022-121 - Authorizing the Mayor to Execute Amendment No. 1 to the Master Services and Purchasing Agreement with Axon Enterprises, Inc., Authorizing a Statement of Work for the Equipment, Software, Licensing, and Installation of Cameras, for an Additional Amount of $63,590, for a Total Cumulative Amount Not-To-Exceed $953,590
Recommendation: Approve Resolution No. 2022-121

5.5 Resolution No. 2022-122 - Authorizing the Mayor to Execute Amendment No. 1 to the Existing Agreement with Metropolitan Van and Storage, Inc. (C2021-003) for Moving Services for the Dougherty Station Community Center Renovation Project (CIP 200004) for a Term Ending June 30, 2023 and a Total Cumulative Amount Not to Exceed $174,660
Recommendation: Approve Resolution No: 2022-122

5.6 Resolution No. 2022-123 - Rejecting All Bids Received to Provide Construction Services for the Dougherty Station Community Center Renovation Project (CIP 200004), and Authorizing the City Clerk to Return Bid Bonds Accompanying the Proposals to the Bidders
Recommendation: Approve Resolution No: 2022-123

5.1 Packet Pg. 7
Minutes Acceptance: Minutes of Sep 27, 2022 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – September 27, 2022

5.7 Resolution No. 2022-124 - Authorizing the Mayor to Execute an Agreement with Miracle Construction Company, Inc., DBA Miracle Playsystems, for the Installation of the Terrace Room Patio Shade Structure, as Part of the San Ramon Community Center Renovation Project (CIP 200003), and Shade Structure Installations in Various Parks, as Part of the Shade Structure Improvement Project (CIP 955566), in an Amount Not to Exceed $540,851 and an Agreement Term through December 31, 2023, with the Option to Renew the Agreement for Up to One Succeeding, One-Year Term
Recommendation: Approve Resolution No. 2022-124

5.8 Resolution No. 2022-125 - Accepting Certain Dedications and Landscape Improvements in Subdivision 9134 for Maintenance (Shapell Industries, Inc./Toll Brothers)
Recommendation: Approve Resolution No. 2022-125

6. SPECIAL PRESENTATIONS

6.1 Proclamation Declaring September 2022 as National Service Dog Month.

Presented by Mayor Hudson to Pamela Durkin and Penny Hansen, East Bay Miracles Chapter, Canine Companions for Independence.

6.2 Proclamation Declaring September 2022 as Library Card Sign-Up Month.

Presented By Mayor Hudson to Dr. Francis Adebola-Wilson, Senior Community Library Manager.

6.3 Recognition of San Ramon Futbol Club 07 Girls and Boys National Premier League and the 05/06 Boys Combined Teams for Their Representation of the San Ramon Community at the 2022 Donosti Cup in San Sabastian, Spain. Presented by Mayor Hudson to Tim Coats, Board President and Mani Salimpour, Director of Coaching and Player Development.

The City Council took a break at 7:35 p.m. and returned at 7:41p.m.

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

8.1 Poet Laureate Appointment
Recommendation: The Parks and Community Services Commission Recommend the City Council Appoint Jenyth Jo Gearhart-Utchen to Serve as the City of San Ramon’s Poet Laureate with a Term to Expire September 2024.

Staff report by Parks and Community Services Division Manager Brad Morris.

5.1 Packet Pg. 8
Minutes Acceptance: Minutes of Sep 27, 2022 7:00 PM (CONSENT CALENDAR) 4 City Council Meeting – September 27, 2022
Cm. Perkins' motion to accept the Parks and Community Services Commission's recommendation to appoint Jenyth Jo Gearhart-Utchen to serve as the City's Poet Laureate with a term to expire September 2024 was seconded by Vice Mayor Verose.

The motion passed 5-0-0-0.

RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sridhar Verose, Vice Mayor
AYES: Hudson, Verose, Armstrong, Perkins, Zafar

9. UNFINISHED BUSINESS

10. NEW BUSINESS

10.1 Open Space Advisory Committee Report – a Vision for Preserving Contiguous Open Space
Recommendation: Receive the Report and Provide Feedback to the Open Space Advisory Committee.

Keith Haase, Parks and Community Services Program Manager introduced Lorraine Kalich, Chair and Bob Peoples, Vice Chair of the Open Space Advisory Committee. Ms.

Kalich presented the presentation of the report.

The Mayor opened public comment. Public comment was received from Call In User 1.

The Mayor closed public comment.

The City Council provided comments and feedback to the Committee.

11. CITY MANAGER AND CITY COUNCIL MEMBERS' COMMENTS

11.1 Discussion of Cancellation of the November 8, 2022 City Council Meeting The Council unanimously decided to cancel the November 8, 2022 City Council meeting.

Public comment was received from Call In User 1.

12. PUBLIC COMMENT

13. CLOSED SESSION
The City Council convened to closed session at 8:39 p.m.

13.1 Convene to Closed Session pursuant to Govt. Code § 59457(b) for the Evaluation of Retiring City Manager Joe Gorton

13.2 Consideration of Interim City Manager Appointment per Govt. Code § 54957(b)

13.3 Report on Closed Session
The City Council returned to the regular meeting at 9:38 p.m. The City Council had no reportable action to report at this time.

5.1 Packet Pg. 9
Minutes Acceptance: Minutes of Sep 27, 2022 7:00 PM (CONSENT CALENDAR) 5 City Council Meeting – September 27, 2022

14. ADJOURNMENT
The meeting was adjourned at 9:38 p.m.

5.1 Packet Pg. 10
Minutes Acceptance: Minutes of Sep 27, 2022 7:00 PM (CONSENT CALENDAR)

CITY COUNCIL STAFF REPORT
DATE: October 11, 2022
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: MINUTE ORDER NO. 2022-023 - Authorizing the Continued Use of Teleconferencing for the Meetings of All City Legislative Bodies for the Next 30 Days, Pursuant to the Provisions of AB 361 and as Adopted by Minute Order No. 2021-005
This item is by title only.

5.2 Packet Pg. 11

CITY COUNCIL STAFF REPORT
DATE: October 11, 2022
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Suzy Edwards, Associate Engineer
SUBJECT: RESOLUTION NO. 2022-126 - Accepting the Work by O’Grady Paving, Inc. for the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006) as Complete, and Authorizing the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office

EXECUTIVE SUMMARY
On May 11, 2021, the City Council adopted Resolution No. 2021-063, authorizing a construction agreement (C2021-045) with O’Grady Paving, Inc. for On-Call Pothole and Miscellaneous Pavement Repairs, in an amount not to exceed $499,999, and an Agreement term through December 31, 2022.

On January 25, 2022, the City Council accepted the Work by O’Grady Paving, Inc. for the Pavement Repair Stop Gap 2020/2021 Project (CIP 000002) in the amount of $336,112 and the Pavement Management 2021 Project (CIP 000003) in the amount of $66,036 as Complete.

O’Grady Paving, Inc. completed their last work order with work related to the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006) in an amount of $89,564. This Resolution is to accept the work by O’Grady Paving, Inc. for CIP 000006 as complete.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, accepting the work by O’Grady Paving, Inc. for the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006) as complete, and authorizing the City Clerk to file a Notice of Completion with the Contra Costa County Clerk Recorder’s Office.

BACKGROUND
The City’s Pavement Management Program consists of pavement management and pavement repair stop gap projects. Pavement management projects, which provide for the long-term scheduled maintenance of the City’s street network, are normally awarded once a year with the construction contracts ending upon completion of the scheduled work. The construction duration of an annual Pavement Management Project is typically about four months.

5.3 Packet Pg. 12
In contrast, pavement repair stop gap projects are needed for immediate repairs of localized failed pavement that are safety concerns, or that can rapidly grow into larger problems, and for minor work, such as crack sealing that is required for preventative maintenance. For calendar years 2022 and 2023, the Capital Improvement Program that included this type of repair and maintenance was the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006). To perform work related to CIP 000006 and other projects, as needed, the City executed agreements with two different contractors.

On May 11, 2021, the City Council adopted Resolution No. 2021-063, authorizing a construction agreement (C2021-045) with O’Grady Paving, Inc. for On-Call Pothole and Miscellaneous Pavement Repairs in an amount not to exceed $499,999 and an Agreement term through December 31, 2022. Through December 31, 2021, O’Grady Paving, Inc. was issued two (2) work orders that included work for the Pavement Repair Stop Gap 2020/2021 Project (CIP 000002) and the Pavement Management 2021 Project (CIP 000003). On August 9, 2022, O’Grady Paving, Inc. was issued the last work order for On-Call Pothole and Miscellaneous Pavement Repairs, which included work for the Pavement Repair Stop Gap 2022/2023 Project (000006).

DISCUSSION
O’Grady Paving, Inc. completed the work related to the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006) within the time specified in the contract documents, work order issued, and within the authorized budget amount. Acceptance of the work completed for this portion of the Project will initiate the 30-day Stop Notice period after the recording of the Notice of Completion, as required by law, for all work associated with CIP 000006.

FISCAL ANALYSIS
The Five-Year 2022-2027 Capital Improvement Program authorized a total Project budget of $400,000 for the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006). To date, the total expenses for this Project are as follows:

Contractor Amount
O’Grady Paving, Inc. $89,564
Notice of Exemption Filing $50.00
Total $89,614
The remaining unused balance for the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006) is $310,386. The remaining funds will be used to complete work for CIP 000006 with separate construction agreements.

STEPS FOLLOWING APPROVAL
With approval of this Resolution, the City Clerk will file a Notice of Completion with the Contra Costa County Clerk Recorder’s Office. Upon completion of the posting period, the City will release the contract retention fund accrued by the contractor, O’Grady Pacing, Inc., for the work

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order performed under the On-Call Pothole and Miscellaneous Pavement Repairs Project (CIP 000006).

ATTACHMENT
A: Notice of Completion for O'Grady Paving, Inc.

5.3 Packet Pg. 14
RESOLUTION NO. 2022-126

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ACCEPTING THE WORK BY O’GRADY PAVING, INC. FOR THE PAVEMENT REPAIR STOP GAP 2022/2023 PROJECT (CIP 000006) AS COMPLETE, AND

AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH

THE CONTRA COSTA COUNTY CLERK RECORDER'S OFFICE
WHEREAS, the City desired to perform on-call pothole and miscellaneous pavement repairs for the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006); and WHEREAS, on May 11, 2021, the City Council adopted Resolution No. 2021-063, awarding the On-Call Pothole and Miscellaneous Pavement Repairs contract to O’Grady Paving, Inc., in an amount not to exceed $499,999 and an Agreement term through December 31, 2022; and
WHEREAS, the work performed by O’Grady Paving, Inc. for On-Call Pothole and Miscellaneous Pavement Repairs through a work order issued for the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006) is now complete and is ready for acceptance by the City Council.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon hereby accepts the work by O’Grady Paving, Inc. for On-Call Pothole and Miscellaneous Pavement Repairs for the Pavement Repair Stop Gap 2022/2023 Project (CIP 000006) as complete, and authorizes the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office.

PASSED, APPROVED AND ADOPTED at the meeting of October 11, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:

5.3 Packet Pg. 15
_________________________
Christina Franco, City Clerk

5.3 Packet Pg. 16
RECORDING REQUESTED BY:

City of San Ramon
WHEN RECORDED RETURN TO:

City Clerk-City of San Ramon
7000 Bollinger Canyon Road
San Ramon, CA 94583

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN by the City of San Ramon, a charter city in the County of Contra Costa, State of California, that it:

1. The nature of the City of San Ramon’s interest in the project is fee ownership.

Owner: City of San Ramon, 7000 Bollinger Canyon Road, San Ramon, CA 94583

2. Entered into a written contract with:

O’Grady Paving, Inc.
2513 Wyandotte Street
Mountain View, CA 94043
May 25, 2021
(Contract Date)

3. Brief Description of the Project:

The work performed by O’Grady Paving, Inc. through a work orderissued for the Pavement Repair Stop Gap 2022/23 Project (CIP 000006), included traffic control, performing localized base repairs, adjustment of utility covers, and other minor paving activities within the limits of this Project.

4. Said work was completed and accepted by the San Ramon City Council on:

October 11, 2022*

5. The surety on said contract was held by:

Travelers Casualty and Surety Company of America
100 California Street, 3rd Floor
San Francisco, CA 94111
107283477
(Bond No.)
I HEREBY CERTIFY, under penalty of perjury, that the facts set forth in the foregoing Notice of Completion are true and correct.

Dated:

Christina Franco, City Clerk
City of San Ramon
*Date must be within 10 days of recording notice.

5.3.a
Packet Pg. 17
Attachment: A: Notice of Completion for O'Grady Paving, Inc. (2022-126 : Acceptance of O'Grady Paving Work)

CITY COUNCIL STAFF REPORT
DATE: October 11, 2022
TO: City Council/City Manager
FROM: Kathi Heimann, Parks & Community Services Director By: Brad Morris, Program Manager
SUBJECT: RESOLUTION NO. 2022-127 - Authorizing the City Manager to Execute a Reimbursement Agreement with the San Ramon Historic Foundation for the Renovation of the Organic Garden at Forest Home Farms in the Amount of $65,000; Appropriating These Funds to the Forest Home Farms Structures Project (CIP 925418); and Authorizing a Project Budget Increase to CIP 925418 in the Amount of $65,000 for a Total Project Budget of $318,800 for FY 2022/23

RECOMMENDED ACTION
Staff recommends that the City Council approve this resolution authorizing the City Manager to execute a Reimbursement Agreement with the San Ramon Historic Foundation for the Renovation of the Organic Garden at Forest Home Farms in the amount of $65,000; appropriating these funds to the Forest Home Farms Structures Project (CIP 925418); and authorizing a Project budget increase to CIP 925418 in the Amount of $65,000 for a total Project budget of $318,800 for FY 2022/23.

BACKGROUND/DISCUSSION
Staff from the Parks and Community Services Department and Public Works Department met with members of the San Ramon Historic Foundation on September 24, 2019, to walk the Forest Home Farm site to gain a better understanding of the structural status of each building on-site and the work needed to make them more accessible to the public and structurally sound. Based on the information discussed at the site meeting, the San Ramon Historic Foundation identified projects that they would like to partner with the City to complete. One of the projects identified is the renovation of the Organic Garden.

City Staff met with the Foundation members and City contractors to better define the project and obtain cost estimates for the work that needed to be done.

Renovation of the Organic Garden
The identified project is to make renovations to the Organic Garden. The work includes the demolition, disposal, and replacement of the existing fencing, planter beds, shrubs, and irrigation systems. The final product will result in an enlarged footprint, improved drainage, new perimeter

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fencing, new above-ground planter boxes, and a new drip irrigation system. This work will make the garden more structurally sound, and the larger footprint will help better support the school tour programs. Staff received a quote from G.N. Henley, Inc., one of the City’s on-call contractors, in an amount not to exceed sixty-five thousand dollars ($65,000) for the agreed upon scope of work. On September 14, 2022, the Historic Foundation unanimously approved the funding of the project with a not to exceed the amount of sixty-five thousand dollars ($65,000.00).

The San Ramon Historic Foundation is a 501C3 non-profit organization. The objective of this organization is to provide financial support for the preservation, restoration, and operation of the historic properties in the City of San Ramon. The San Ramon Historic Foundation is an excellent partner with the City of San Ramon, stewards of the site, and passionate advocates for the site.

The Foundation continues to support programming at the Forest Homes Farms on an annual basis, as well as special projects as they arise. The City appreciates the Historic Foundation's support and partnership to improve the programming and facilities at Forest Home Farms.

In order to complete this work, a reimbursement agreement between the City and the San Ramon Historic Foundation is recommended that will allow the transfer and appropriation of funds to CIP 925418. City staff can then manage the project utilizing the services of the City’s on-call contractor, G.N. Henley, Inc.

FISCAL ANALYSIS
The FY 2022/23 Capital Budget authorized a Project Budget of $253,800 for the Forest Home Farms Structures Project (CIP 925418). The Project is funded from the Infrastructure Maintenance Fund in the amount of $203,800 and a contribution from the San Ramon Historic Foundation in the amount of $50,000 for the work planned during this Fiscal Year. The work planned this Fiscal Year includes the painting of the Boone House, Sheep Barn, and Building 15, and $50,000 for consultant services to complete the Boone House scope of work study. The San Ramon Historic Foundation has also generously agreed to fund a not-to-exceed amount of sixtyfive thousand dollars ($65,000) to renovate the Organic Garden at Forest Home Farms through a reimbursement agreement with the City. There are no fiscal implications to the City at this time other than staff time to manage the Project. Staff is requesting that the $65,000 be appropriated to CIP 925418 funded by the San Ramon Historic Foundation making the total authorized Project Budget $318,800 for FY 2022/23.

STEPS FOLLOWING APPROVAL
Staff will process the Reimbursement Agreement and will coordinate with the contractor to begin ordering materials and schedule the work as soon as possible.

ATTACHMENT
A: Location of the Organic Garden at Forest Home Farms
B: Forest Home Farms Organic Garden Reimbursement Agreement

10.1 Packet Pg. 19
RESOLUTION NO. 2022-127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON

AUTHORIZING THE CITY MANAGER TO EXECUTE A REIMBURSEMENT

AGREEMENT WITH THE SAN RAMON HISTORIC FOUNDATION FOR THE

RENOVATION OF THE ORGANIC GARDEN AT FOREST HOME FARMS IN THE AMOUNT OF $65,000; APPROPRIATING THESE FUNDS TO THE FOREST HOME FARMS STRUCTURES PROJECT (CIP 925418); AND AUTHORIZING A PROJECT BUDGET INCREASE TO CIP 925418 IN THE AMOUNT OF $65,000 FOR A TOTAL PROJECT BUDGET OF $318,800 FOR FY 2022/23
WHEREAS, the City of San Ramon and the San Ramon Historic Foundation have identified a project to help with the restoration and preservation of Forest Home Farms; and WHEREAS, on September 14, 2022, the Historic Foundation approved the funding of a not-to-exceed amount of sixty-five thousand dollars ($65,000.00) for the renovation of the Organic Garden; and
WHEREAS, the renovation of the Organic Garden will be incorporated into the FY 2022/23 Capital Improvement Program Forest Home Farms Structures (CIP 925418); and WHEREAS, the City of San Ramon values and appreciates the partnership with the San Ramon Historic Foundation for the financial support they contribute to the preservation, restoration and operation of the historic properties in the City of San Ramon; and WHEREAS, the City of San Ramon agrees to provide staff time to supervise and manage the project; and
WHEREAS, the San Ramon Historic Foundation has agreed to reimburse the actual cost of the project to the City of San Ramon in a cumulative amount not to exceed $65,000.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the City Manager to execute a Reimbursement Agreement with the San Ramon Historic Foundation for the Renovation of the Organic Garden at Forest Home Farms in the amount of $65,000; appropriating these funds to the Forest Home Farms Structures Project (CIP 925418); and authorizing a Project budget increase to CIP 925418 in the amount of $65,000 for a total Project budget of $318,800 for FY 2022/23.

PASSED, APPROVED AND ADOPTED at the meeting of October 11, 2022 by the following votes:

AYES:

NOES:

10.1 Packet Pg. 20
ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
________________________
Christina Franco, City Clerk

10.1 Packet Pg. 21
Location of the Organic Garden at Forest Home Farms

10.1.a
Packet Pg. 22
Attachment: A: Location of the Organic Garden at Forest Home Farms (2022-127 : Renovation of the Organic Garden at Forest Home Farms) Foundation: San Ramon Historic Foundation
Reimbursement Amount: Not-to-Exceed $65,000.00
Project: Forest Home Farms Organic Garden Renovation
Project Manager: Kathi Heimann, Director
Reimbursement Agreement

Page 1 of 4 ends

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CITY OF SAN RAMON

REIMBURSEMENT AGREEMENT
WITH

SAN RAMON HISTORIC FOUNDATION
FOR

FOREST HOME FARMS ORGANIC GARDEN RENOVATION
This Reimbursement Agreement (“Agreement”) is entered into on 2022 (the “Effective Date”") between the City of San Ramon, a municipal corporation, (“City”') and San Ramon Historic Foundation (“Foundation”), together referred to as (“Parties”).

RECITALS
WHEREAS, City incorporated a Capital Improvement Project (CIP) known as Forest Home Farms Structures (CIP No. 925418), into its CIP plan to be implemented when funding becomes available. The current CIP will renovate the organic garden for school tours, Fun on the Farm Events, and visitors to have a more enjoyable experience with the expanded footprint of the garden and updated planter boxes and beds (“Improvements”); WHEREAS, utilizing City’s current contracted vendors and other independent contractors, City acquired quotes for the Improvements to the Organic Garden (“Project”); WHEREAS, City obtained a quote from G.N. Henley, Inc. for an amount not to exceed $65,000.00 to complete the Project;
WHEREAS, Foundation raised enough funding from private entities and special events to finance the Project for an amount of $65,000.00; and WHEREAS, on September 7, 2022, the Foundation committed to spending up to $65,000.00 for the Project.

NOW, THEREFORE, in consideration of the mutual promises set forth, City and Foundation agree as follows:

1. Term. The Project term begins as of the date entered above and shall be completed by January 13, 2023.

2. Design and Construction of Improvements. City shall be solely responsible for managing, constructing, installing, surveying, and permitting of the Improvements. Project construction will follow the quote submitted by G.N. Henley, Inc. (Improvements to the Organic Garden), attached hereto as Attachment A, as submitted or modified during the construction process.

3. Method of Reimbursement. City will submit an invoice for an amount not-to-exceed SIXTYFIVE THOUSAND DOLLARS ($65,000.00) to the Foundation upon completion of the Project and its Improvements. Foundation will make full payment to the City within thirty (30) days of receipt of the invoice. If City does not receive full payment from Foundation within forty-five (45) days of receipt of the invoice, City will send Notice of Overdue Payment to Foundation and request full payment be made immediately. If City does not receive full

10.1.b
Packet Pg. 23
Attachment: B: Forest Home Farms Organic Garden Reimbursement Agreement (2022-127 : Renovation of the Organic Garden at Forest Home Foundation: San Ramon Historic Foundation
Reimbursement Amount: Not-to-Exceed $65,000.00
Project: Forest Home Farms Organic Garden Renovation
Project Manager: Kathi Heimann, Director
Reimbursement Agreement

Page 2 of 4 ends

REV2022.06
payment from Foundation within sixty (60) days of receipt of the invoice, City will charge an additional penalty of 5% of the outstanding balance for each month thereafter until City receives full payment.

4. Contingency. In the event of unforeseen changes to the Improvement or Project, Foundation will only offset the actual expenses of construction for the Project.

5. Notice. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via prepaid U.S. certified or registered postage, addressed to recipient as follows:

To CITY: To FOUNDATION:

City of San Ramon San Ramon Historic Foundation
Attn: Kathi Heimann Attn: Carol Rowley, President
7000 Bollinger Canyon Road PO BOX 1
San Ramon, CA 94583 San Ramon, CA 94583
[email protected] [email protected]

6. Designated Representatives.
a. CITY designates the following:
i. Kathi Heimann, Parks and Community Services Director or her designee as its representative in all matters under this Agreement. ii. Mike Dodds, Public Works Parks Supervisor, will be the Project Manager for the Project.
b. FOUNDATION designates the following:
i. Carol Rowley, President, its Project Manager for this Agreement.

7. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and no other agreement, statement or promises made by any party, or to any employee, officer, or agent of any party, which is not contained in this Agreement shall be binding or valid. This Agreement is not subject to modification except in writing signed by both parties.

8. Cooperation. Each party to this Agreement shall cooperate fully in the execution of any and all documents and additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement. The parties shall act in good faith toward each other and shall act in a fair, diligent, expeditious and reasonable manner, and no party shall take any action that will prohibit, impair or impede the other party's exercise or enjoyment of its rights and obligations secured through this Agreement.

9. Jurisdiction, Venue, and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Contra Costa, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This Agreement shall be governed by the laws of the State of California.

10.1.b
Packet Pg. 24
Attachment: B: Forest Home Farms Organic Garden Reimbursement Agreement (2022-127 : Renovation of the Organic Garden at Forest Home Foundation: San Ramon Historic Foundation
Reimbursement Amount: Not-to-Exceed $65,000.00
Project: Forest Home Farms Organic Garden Renovation
Project Manager: Kathi Heimann, Director
Reimbursement Agreement

Page 3 of 4 ends

REV2022.06

10. Signatures and Counterparts. This Agreement may be entered into by the Parties by signing any one or more counterparts, all of which shall constitute one and the same instrument. It is understood and agreed that this Agreement shall become effective and binding when one or more counterparts have been executed by each party and delivered to each other party.

Additionally, electronic, facsimile and scanned signatures shall be binding the same as originals.

IN WITNESS WHEREOF the parties have executed this Agreement on the dates indicated below, the latest of which shall be deemed the effective date of this Agreement.

City of San Ramon,
A Municipal Corporation “CITY”
San Ramon Historic Foundation
“FOUNDATION”
X:

Joe Gorton, City Manager Date Carol Rowley, President Date The Foregoing Agreement has been
Reviewed and Approval is Recommended:

Kathi Heimann, Director Date
Parks & Community Services
Dall Barley, Treasure Date
APPROVED AS TO FORM:

Martin Lysons, City Attorney Date
ATTEST:

Christina Franco, City Clerk Date

10.1.b
Packet Pg. 25
Attachment: B: Forest Home Farms Organic Garden Reimbursement Agreement (2022-127 : Renovation of the Organic Garden at Forest Home Foundation: San Ramon Historic Foundation
Reimbursement Amount: Not-to-Exceed $65,000.00
Project: Forest Home Farms Organic Garden Renovation
Project Manager: Kathi Heimann, Director
Reimbursement Agreement

Page 4 of 4 ends

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ATTACHMENT A
Quote submitted by G.N. Henley, Inc. - (Improvements to the Organic Garden)

10.1.b
Packet Pg. 26
Attachment: B: Forest Home Farms Organic Garden Reimbursement Agreement (2022-127 : Renovation of the Organic Garden at Forest Home

CITY COUNCIL STAFF REPORT
DATE: October 11, 2022
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Lauren Barr, Division Manager
SUBJECT: RESOLUTION NO. 2022-128 - Adopting the Affordable Rental Housing Fee Wavier Policy for Certain Rental Projects that Are All Affordable to Household Making 80% of Area Median Income or Lower

RECOMMENDED ACTION
Approve a Resolution adopting the proposed Affordable Rental Housing Fee Wavier Policy for projects that provide all low and very low income rental units.

BACKGROUND/DISCUSSION
The General Plan Housing Element Program 10: Affordable Housing Development; and Program 11: Affordable Housing Funding are intended to promote production of affordable housing through financial and regulatory incentives, and promotes funding strategies for the development of affordable housing. Program 12 references the City’s Inclusionary Housing and In-Lieu Fee program. Program 14 of the Housing Element requires the City establish a “specific program for use of housing in-lieu fees—including timelines, milestones, and identification of housing sites—in order to ensure the timely construction of affordable housing units.” On October 26, 2021, the City Council approved Resolution No. 2021-122 adopting the Affordable Housing Trust Fund Policy for the use of these in-lieu housing fees. The Draft Affordable Rental Housing Fee Wavier Policy is intended to be a second funding strategy and a tool to support the production of all affordable projects that provide low and very low income rental units.

Draft Affordable Rental Housing Fee Wavier Policy
While the adoption of the Affordable Housing Trust Fund Policy helps to clarify the use of housing fees for affordable projects, there is a need to provide additional tools to promote affordable housing production. The Draft Affordable Rental Housing Fee Wavier Policy (“Draft Policy”) is intended to provide additional financial incentives for the production of low income and very low income rental housing, associated with all affordable projects, through various City fee waiver options. The requirements help the production of low and very low income units to address the City’s Regional Housing Needs Allocation (RHNA) and provide housing for lower income residents. While existing Inclusionary standards go a long way in meeting RHNA targets, it is generally recognized that there is a need for additional tools, such as fiscal incentives, to support increased production, particularly for low and

10.2 Packet Pg. 27
very low income units. Rental housing has been specifically targeted by this policy because of the traditionally greater affordability levels associated with higher density rental housing when compared to the larger funding gaps associated with for-sale products. The Draft Policy has been developed to provide guidance on fee waivers for certain City Impact and Service Fees for the construction of low and very low affordable rental units in all affordable projects.

Local Funding Match Provisions
Local funding match resources are one tool for local jurisdictions to assist in the production of affordable housing by providing funding resources to close funding gaps in affordable housing projects. The Draft Policy and fee waivers would provide a second funding stream that would be a local match to support projects with affordable housing units. Local funding can also help affordable project qualify for tax credits and other grant opportunities for the production of affordable units. Currently local match opportunities are limited to funds from the Affordable Housing In-Lieu Fee and Commercial Linkage Fees collected from development projects and consolidate in the in the Affordable Housing Trust Fund.

Fee waivers for the construction of low and very low affordable rental units would amount to the City providing a local match because the waiver of the fees is ultimately offset by other funding to provide the service for which the fee was originally established.

Eligibility and Project Qualifications for Fee Waivers
The following shall be required to be eligible for fee waivers per this policy:
 Submittal of a formal request letter for fee waiver, demonstrating compliance with the Policy objectives and number of Low, Very Low and Extremely Low income rental units that qualify for waivers.
 Fee waivers apply to Low, Very Low and Extremely Low income affordable rental units only.
 Projects may have manager units on site and still qualify under the all affordable provisions and fee waivers because they are required for all affordable developments.

Currently, the State requires 1 manager unit for every development of 16 units or more and 2 manager units for over 161 units, increasing with every additional 80 units over 161 to a maximum of 4 on-site manager units.
 Requires valid City approvals and would also to apply project’s eligible for by right construction with affordable deed restricted rental units consistent with the policy objectives.
 All units shall be below 80% Area Median Income. These specific breakdown of units shall be consistent with State funding guidelines. Where feasible, project should include a mix of Low, Very Low and Extremely Low income units.
 Requires a City-approved Affordable Housing Agreement prior to Building Permit issuance.

10.2 Packet Pg. 28
 Requires a minimum 55-year Affordability Restriction.  Requires all fee waiver units to be maintained as rental units for the term of affordability.  Fee waivers are to be considered a local funding match by the City for other funding opportunities and applications.

Fee Waivers for the Construction of Low and Very Low Affordable Rental Units The amount of the fee waiver is tied to the number of affordable rental units proposed in the allaffordable projects. The draft fee waivers are split between Impact Fees and Service Fees associated with processing construction permits. Service Fee Waivers may result in additional City costs associated with contract services. As such, staff is recommending to limit the maximum overall percentage for Service Fee Waivers to up to 25% of total units that qualify as Low, Very Low and Extremely Low income units for all affordable projects. For example, for projects that are 100% low and very low units, the Service Fee Waiver would be limited to 25 percent. This cap on Service Fee Waivers will help to moderate fiscal impacts to current operating budgets, while still providing additional incentives for production of Low, Very Low and Extremely Low income rental units.

The following fees are proposed for consideration of fee waivers for the construction of Low, Very Low and Extremely Low income rental units:

Impact Fee Waiver options
 City Traffic Impact Fee
 School Age Child Care Fee
 Park and Recreation Facility Impact Fee
 Private Sector Art and Beautification Fee
 Open Space Development Impact Fee
 Specific Plan Recovery Fees
 General Plan Recovery Fee
 Zoning Ordinance Recovery Fee
 Tri Valley Transportation Development Fee. (Currently waived for Affordable Units) City Service Fee Waiver Options (Capped at 25% of total units)  Building Permit Plan Check Fees
 Building Permit Inspection Fees
 Planning Plan Check Review Fees
 Engineering Plan Check Fees
 Engineering Inspection Fees

10.2 Packet Pg. 29
Case Study Example
An apartment project within the North Camino Ramon Specific Plan consisting of 100 units with structured parking, and is proposed as all affordable for low and very low income units. The unit sizes average 1,100 sf. and the total building square footage is 150,000 sf. The building permit valuation for the theoretical project is $35,400,000 with a 1,600,000 engineer’s estimate for site work. The related affordable rental unit impact fee waivers for consideration are as follows:

Impact Fee Waiver Options
 City Traffic Impact Fee $171,800
 School Age Child Care Fee $55,817
 Park and Recreation Facility Impact fee $1,279,658.
 Art and Beautification Fee $354,000
 Open Space Development Impact Fee $7,500
 TriValley Transportation Fee $388,900 (Regional Fee, currently waived)  Specific Plan Recovery Fees $57,736.
 General Plan Recovery Fee $18,762
 Zoning Ordinance Recovery Fee $56,640
Total impact fees subject to policy $2,390,813
Total Cost per unit $23,908.13(Divided by 100 units)
Impact Fee Wavier Match for 100 Affordable Units: $2,390,813 Service Fee Waiver Options
 Building Permit Plan Check $156,315.81
 Building Permit Fees $278,680.88
 Planning Plan Check Review $1200
 Engineering Plan Check $49,250
 Engineering Inspection $101,050
Total impact fees subject to policy $586,496.69
Total Cost per unit $5,865 (Divided by 100 units)
Service Fee Wavier Match for 25 Units $146,625
Total Impact and Service fee waiver for 100% affordable project: $2,537,438 Calculation of Fee Waivers
Impact Fees and Service fees are calculated based on various methodologies including total qualified units, valuation, or square footage. Number of qualified units is a clear standard.

Valuation-based fees shall be calculated based on the Building Division’s Fee estimate and prorated on per-square-foot basis for habitable space associated with the Low, Very Low and

10.2 Packet Pg. 30
Extremely Low income units. Square footage calculations shall be based on conditioned space as defined by the Building Code

HOUSING ADVISORY COMMITTEE
On September 22, 2022, Staff presented the Draft Policy to the Housing Advisory Committee (HAC). The HAC recommended the following additional consideration to the Policy:
 Additional Service Fee Waivers (1-5%) above 25% for contractors and developers that meet certain Diversity, Equity and Inclusion requirements and/or Disadvantage Businesses Enterprise qualifications. Additionally, the City should develop and implement specific standards to validate businesses seeking additional Service Fee Waivers under this provision.
 A maximum cap on the total fee waivers for any one project to limit overall impacts to City finances.

Following discussion, the HAC recommended 5-0 to recommend the Draft Policy with Committee comments to the City Council Policy Committee.

POLICY COMMITTEE
On September 28, 2022, the Policy Committee reviewed the Draft Policy and provided comment. The Committee expressed concerns over the conflict between the potential loss of project revenue and the need to address affordable housing challenges, particularly for rental projects that are 100% low and very low income. The Committee felt the cap on Service Fee Waivers was appropriate and requested that staff address the treatment of manager units in the definition of an all affordable project. State law contains provisions for manager units which has since been added under the Eligibility Requirements for clarification. Additionally, the Committee wanted added discussion and clarification about options to reimburse the fee waivers from the Housing fund or General Fund as needed (see Fiscal Analysis). The consensus was that projects meeting the all affordable rental housing standard are not common, but the Fee Waiver Policy could be an additional tool to aid in the production of affordable housing to meet RHNA thresholds. The Committee recommended the policy go to the full City Council.

FISCAL ANALYSIS
The fiscal impacts associated with this policy are variable based on the development proposals received. All affordable rental housing project are not common because of the challenges with qualifying and obtaining funding, often through State and local programs. In the case of a qualifying all affordable project, 100% of the City Impact Fees and 25% of Service Fees associated with this policy would be waived as a local match. The Impact Fees are not General Fund revenues, but are specifically targeted to potential project areas to fund local improvements

10.2 Packet Pg. 31
such as transportation projects, City Beatification, Park Facilities, etc. The lack of certain Impact Fee from projects that qualify under this Policy could result in certain funding delays or the need for alternative funding sources for those projects that rely primarily on the Impact Fees for funding. As stated above, Impact Fee Waivers would not impact General Fund, unless General Fund Revenues were used to backfill lost funding, which would require Council action.

Under the Policy, Service Fee reductions are capped at 25% to reflect the potential impact to General fund revenues that offset the City’s day-to-day costs of providing services. The 25% waiver would be absorbed into the current operation budget. Since these projects are not common, the impact to General Fund revenue is expected to be modest over time as illustrated in the Case Study above.

Currently there are no new all affordable projects in the 5-year projections. A Concept Review for the Morgan’s Masonry considered an all affordable project; however, formal applications have yet to be filed. The conversion of this potential project to all affordable may impact revenues projections in Year 5 depending on details of the application submittals. Any other new project would include unanticipated revenues along with the proportionate fee waivers.

As discussed above, the City Council may opt to reimburse the cost of fee waivers on any specific program through the appropriation of funds or the budget process. One such strategy would be to reimburse fee waivers from the Affordable Housing Trust Fund, if funds are available. Use of those funds to support production of Affordable units is appropriate; however, the availability of funds is dependent on the fund balance generated from project subject to Inclusionary Housing and Commercial Linkage fees, which are not steady or consistent funding sources and are subject to market trends.

In the end, the Fee Waiver Policy helps leverage local funding sources to assist affordable projects to qualify for additional funding under tax credit and grant programs, and is another tool to help produce additional affordable rental units locally.

STEPS FOLLOWING APPROVAL
Implement Policy and amend fee schedule to reflect fee waivers

ATTACHMENT
A: Draft Affordable Rental Housing Fee Waiver Policy Redline from Policy Committee B: 2022 Impact and Service Fees (For Reference Only)

10.2 Packet Pg. 32
RESOLUTION NO. 2022-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON

ADOPTING THE AFFORDABLE RENTAL HOUSING FEE WAVIER POLICY FOR

CERTAIN RENTAL PROJECTS THAT ARE ALL AFFORDABLE TO HOUSEHOLD MAKING 80% OF AREA MEDIAN INCOME OR LOWER
WHEREAS, Program 10 of the Housing Element calls for the Affordable Housing Development and, among other goals, recognizes the need to “Provide financial and regulatory incentives to non-profit housing corporations, private developers, and public agencies to increase the supply of housing affordable to San Ramon’s and lower and moderate income households; and
WHEREAS, Program 11 of the Housing Element calls for the Affordable Housing funding sources and, among other goals, commits the City to “pursue various financing strategies for development of affordable housing, including land banking, tax credits, bonds, and mortgage credit certificates” among other strategies; and
WHEREAS, Program 14 of the Housing Element requires the City establish a “specific program for use of housing in-lieu fees—including timelines, milestones, and identification of housing sites—in order to ensure the timely construction of affordable housing units,” and the waiver of fees may be another tool to supplement funding for affordable housing; and WHEREAS, the proposed Affordable Rental Housing Fee Wavier Policy is intended to be a second funding strategy for all affordable projects that provide low, very low, and extremely low income rental units; and
WHEREAS, the production of low, very low, and extremely low income units will help address the City’s Regional Housing Needs Allocation (RHNA) and will help provide rental housing for lower income residents; and
WHEREAS, on September 22, 2022, the Housing Advisory Committee considered the Draft Affordable Rental Housing Fee Wavier Policy and recommended service fee waivers, encouraged diversity in project implementation, and forwarded a recommendation to the City Council Policy Committee; and
WHEREAS, on September 28, 2022 the City Council Policy Committee considered the Draft Affordable Rental Housing Fee Wavier Policy and comments from the Housing Advisory Committee, and forwarded the Policy to the City Council for consideration; and WHEREAS, on October 11, 2022 the City Council considered the Draft Affordable Rental Housing Fee Wavier Policy.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council, does hereby adopt this Resolution approving the Draft Affordable Rental Housing Fee Wavier Policy

10.2 Packet Pg. 33
PASSED, APPROVED AND ADOPTED on this 11th day of October 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk
Exhibit 1: Affordable Rental Housing Fee Wavier Policy

10.2 Packet Pg. 34
Exhibit 1
Draft Affordable Rental Housing Fee Waiver Policy
The purpose of the Affordable Rental Housing Fee Waiver Policy is to provide guidance on fee waivers for Low, Very Low and Extremely Low units in rental projects that are all affordable. Currently residential rental projects are required to provide low and very low income units associated with the City’s Inclusionary Housing standards. Low Income is consider 80% or less of Area Median Income (AMI), Very Low Income is consider 50% or less of AMI and Extremely Low Income is considered 30% or less AMI. The requirements helps the production of low and very low income units to address the City’s Regional Housing Needs Allocation (RHNA) and provide housing for lower income residents. While the inclusionary standards go a long way in meeting RHNA needs, it is generally recognized that there is a need for additional tools, such as fiscal incentives, to support increased production, particularly for low and very low income units.

The City has discretion to waive certain City Impact and Service Fees that can assist in the production and fiscal viability of all affordable housing projects with Low, Very Low and Extremely Low income units. In addition to the fee waivers serving as a fiscal incentive for affordable units, the monetary value of these waivers can also serve as the City’s local match for additional affordable housing grant funding. The Policy includes guidance on:
 Local Funding Match Provisions
 Eligibility and Project Qualifications for Fee Waivers  Fee Waivers for the Construction of Low and Very Low Affordable Rental Units

1. Impact Fee Waivers

The City has an existing policy for the use of the Affordable Housing Trust Fund which is intended to support the implementation of housing programs and production of affordable units.

In the past, these fees have been used for local match to support grant and other affordable housing funding applications. The value of the potential fee waivers associated with this policy is that they would also be considered a local match to support projects with affordable housing units and potentially aid in satisfying RHNA numbers, particularly low and very ow income units.

10.2 Packet Pg. 35
Eligibility and Project Qualifications for Fee Waivers
Development Projects with 100% affordable rental units will qualify for waivers of the fees associated with low and very low-income affordable rental units, consistent with local affordability standards. The following shall be required to be eligible for fee waivers per this policy:
 Submittal of a formal request letter for fee waiver, demonstrating compliance with the Policy objectives and number of Low, Very Low and Extremely Low income rental units that qualify for waivers.
 Fee waivers apply to Low, Very Low and Extremely Low income affordable rental units only.
 Projects may have manager units on site and still qualify under the all affordable provisions and fee waivers because they are required for all affordable developments.

Currently, the State requires 1 manager unit for every development of 16 units or more and 2 manager units for over 161 units, increasing with every additional 80 units over 161 to a maximum of 4 on-site manager units.
 Requires valid City approvals and would also apply to projects eligible for by right construction with affordable deed restricted rental units consistent with the policy objectives.
 All units shall be below 80% Area Median Income. These specific breakdown of units shall be consistent with State funding guidelines. Where feasible, project should include a mix of Low, Very Low and Extremely Low income units.
 Requires a City approved Affordable Housing Agreement prior to Building Permit issuance.
 Requires a minimum 55-year Affordability Restriction.  Requires all fee waivers units to be maintained as rental units for the term of affordability.
 Fee waivers are to be considered a local funding match by the City for other funding opportunities and applications.

Fee Waivers for the Construction of Low and Very Low Affordable Rental Units In an effort to support affordable housing production, the City will waive certain City Impact Fees and City Service fees associated with the construction of Low, Very Low and Extremely Low income affordable units. Projects that are all affordable project are eligible for waivers of impact fees for all low and very low income units; however, certain City Service Fees, which are necessary to offset cost of service, are capped at 25 percent of the total units as outlined below.

1. City Impact Fee Waivers
 City Traffic impact Fee
 School Age Child Care Fee

10.2 Packet Pg. 36
 Park and Recreation Facility Impact Fee
 Private Sector Art and Beautification Fee
 Open Space Development Impact Fee
 Specific Plan Recovery Fees
 General Plan Recovery Fee
 Zoning Ordinance Recovery Fee
 Tri Valley Transportation Development Fee. (Currently waived for Affordable Units)

2. City Service Fee Waivers
City Service Fee Waivers to up to 25% of total units that qualify as Low, Very Low and Extremely Low income units for all affordable projects
 Building Permit Plan Check Fees
 Building Permit Inspection Fees
 Planning Plan Check Review Fees
 Engineering Plan Check Fees
 Engineering Inspection Fees
Calculation of Fee Waivers
Impact Fees and Service fees are calculated based on various methodologies including total qualified units, valuation, or square footage.

Impact Fee Waver Calculation
 Unit based fee shall be based on the total qualified units meeting the Low, Very Low and Extremely Low income requirements. The fee waiver calculation also include manager units as required and limited by State law
 Valuation based fees shall be calculated based on the Building Division’s Fee estimate or acceptable architect/engineers estimate, and prorated on per square foot basis for habitable space associated with the Low, Very Low and Extremely Low income units.

Does not include parking structures and other non conditioned spaces.  Square footage calculations shall be based on the square footage of the qualified units and related habitable spaces. Does not include parking structures and other non conditioned spaces.

Service Fee Waivers Calculations.
 Service Fee waiver shall be calculated with the same methodology as the Impact Fee calculations with the exception that Services Fees are limited to a maximum of 25% for a qualified a project.

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Reimbursement of Fee Waivers
The City Council has the option to reimburse a project’s fee waiver expenses for a specific fund area or the impact as a whole from the Affordable Housing Trust Fund. Reimbursement from Affordable Housing Trust Fund is one way to minimize impacts to General Fund and/or dedicated revenue accounts while also using affordable housing fees as intended.

Reimbursement is subject to the availability for funds and the Council’s budget priorities.

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1 Draft Affordable Rental Housing Fee Waiver Policy
The purpose of the Affordable Rental Housing Fee Waiver Policy is to provide guidance on fee waivers for Low, Very Low and Extremely Low units in rental projects that are 100%all affordable. Currently residential rental projects are required to provide low and very low income units associated with the City’s Inclusionary Housing standards. Low Income is consider 80% or less of Area Median Income (AMI), Very Low Income is consider 50% or less of Area Median IncomeAMI and Extreemely Low Income is considered 30% or less AMI. The requirements helps the production of low and very low income units to address the City’s Regional Housing Needs Allocation (RHNA) and provide housing for lower income residents. While the inclusionary standards go a long way in meeting RHNA needs, it is generally recognized that there is a need for additional tools, such as fiscal incentives, to support increased production, particularly for low and very low income units.

The City has discretion to waive certain City Impact and Service Fees that can assist in the production and fiscal viability of all affordable housing projects with Low, Very Low and Extremely Low low and very low income units. In addition to the fee waivers serving as a fiscal incentive for affordable units, the monetary value of these waivers can also serve as the City’s local match for additional affordable housing grant funding. The Policy includes guidance on:
 Local Funding Match Provisions
 Eligibility and Project Qualifications for Fee Waivers  Fee Waivers for the Construction of Low and Very Low Affordable Rental Units

1. Impact Fee Waivers

2. City Service Fee Waivers
 Calculation of Fee Waivers
 Reimbursement of Fee Waivers
Local Funding Match Provisions
Local match is important for many project to qualify for various affordable housing funding and grants. Local match can be structure in several way from fee waivers to subsidies and loans. The City has an existing policy for the use of the Affordable Housing Trust Fund which is intended to support the implementation of housing programs and production of affordable units. In the past, these fees have been used for local match to support grant and other affordable housing funding applications. The value of the potential fee waivers associated with this policy is that they would also be considered a local match to support projects with affordable housing units and potentially aid in satisfying RHNA numbers, particularly low and very ow income units.

Eligibility and Project Qualifications for Fee Waivers
Development Projects with 100% affordable rental units will qualify for waivers of the fees associated with low and very low-income affordable rental units, consistent with local affordability standards. The following shall be required to be eligible for fee waivers per this policy:

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Attachment: A: Draft Affordable Rental Housing Fee Waiver Policy Redline from Policy Committee (2022-128 : Affordable Rental Housing Fee 2  Submittal of a formal request letter for fee waiver, demonstrating compliance with the Policy objectives and number of Low, Very Low and Extremely Lowlow and very low income rental units that qualify for waivers.
 Fee waivers apply to Low, Very Low and Extremely LowLow and Very low income affordable rental units only.
 Projects may have manager units on site and still qualify under the all affordable provisions and fee waivers because they are required for all affordable developments. Currently, the Statethe State requires 1 manager unit for every development of 16 units or more and 2 manager units for over 161 units, increasing with every additional 80 units over 161 to a maximum of 4 on-site manager units.
 Requires valid City approvals and would also apply to projects eligible for by right construction with affordable deed restricted rental units consistent with the policy objectives.  All units shall be below 80% Area Median Income. These specific breakdown of units shall be consistent with State funding guidelines. Where feasible, project should include a mix of Low, Very Low and Extremely Low income units.
 Low and Very low income units shall be split equally, or with a higher percentage of very low income rental units.
 Requires a City approved Affordable Housing Agreement prior to Building Permit issuance.  Requires a minimum 55-year Affordability Restriction.  Requires all fee waivers units to be maintained as rental units for the term of affordability.  Fee waivers are to be considered a local funding match by the City for other funding opportunities and applications.

Fee Waivers for the Construction of Low and Very Low Affordable Rental Units In an effort to support affordable housing production, the City will waive certain City Impact Fees and City Service fees associated with the construction of Low, Very Low and Extremely Lowlow and very low income affordable units. Projects that are 100 percent all affordable project are eligible for waivers of impact fees for all low and very low income units; however, certain City Service Fees, which are necessary to offset cost of service, are capped at 25 percent of the total units that qualify as affordable units (low and very low income) in the project as outlined below.

1. City Impact Fee Waivers
 City Traffic impact Fee
 School Age Child Care Fee
 Park and Recreation Facility Impact Fee
 Private Sector Art and Beautification Fee
 Open Space Development Impact Fee
 Specific Plan Recovery Fees
 General Plan Recovery Fee
 Zoning Ordinance Recovery Fee

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Attachment: A: Draft Affordable Rental Housing Fee Waiver Policy Redline from Policy Committee (2022-128 : Affordable Rental Housing Fee 3  Tri Valley Transportation Development Fee. (Currently waived for Affordable Units)

2. City Service Fee Waivers
City Service Fee Waivers to up to 25% of total units that qualify as Low, Very Low and Extremely Lowlow and very low income units for 100% all affordable projects  Building Permit Plan Check Fees
 Building Permit Inspection Fees
 Planning Plan Check Review Fees
 Engineering Plan Check Fees
 Engineering Inspection Fees
Calculation of Fee Waivers
Impact Fees and Service fees are calculated based on various methodologies including total qualified units, valuation, or square footage.

Impact Fee Waver Calculation
 Unit based fee shall be based on the total qualified units meeting the Low, Very Low and Extremely Low low and very low income requirements. The fee waiver calculation also include manager units as required and limited by State law  Valuation based fees shall be calculated based on the Building Division’s Fee estimate or acceptable architect/engineers estimate, and prorated on per square foot basis for habitable space associated with the Low, Very Low and Extremely Low low and very low income units. Does not include parking structures and other non conditioned spaces.  Square footage calculations shall be based on the square footage of the qualified units and does not include common areas, hallways, utility areas, or other similar spaces, unless the project is 100% low and very low income units. In these situations, the project qualified for 100% waiver of qualified impact feesrelated habitalhabitable spaces. Does not include parking structures and other non conditioned spaces.

Reimbursement of Fee Waivers

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Attachment: A: Draft Affordable Rental Housing Fee Waiver Policy Redline from Policy Committee (2022-128 : Affordable Rental Housing Fee 4 The City Council has the option to reimburse a project’s fee waiver expenses for a specific fund area or the impact as a whole from the Affordable Housing Trust Fund. Reimbursement from Affordable Housing Trust Fund is one way to minimize impacts to Ggeneral Ffund and/or dedicated revenue accounts while also using affordable housing fees as intended. Reimbursement is subject to the availability for funds and the Council’s budget priorities.

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Attachment: A: Draft Affordable Rental Housing Fee Waiver Policy Redline from Policy Committee (2022-128 : Affordable Rental Housing Fee Existing Impact and Service Fees (2022)
Impact Fee Waiver options
 City Traffic Impact Fee $1,718 per unit
 School Age Child Care Fee $558,17
 Park and Recreation Facility Impact fee $12,796.58 per unit  Art and Beautification fee 0.01 of Building Code Valuation  Open Space Development Impact Fee $750 per unit
 TriValley Transportation Fee $3,889 per unit**
 Specific Plan Recovery Fees $577.36 to $641.85 per unit  General Plan Recovery Fee 0.0053 of Building Code Valuation  Zoning Ordinance Recovery Fee 0.0016 of Building Code Valuation (** Currently waived for affordable units)
Service Fee Waiver Options (up to 25% of the total units for greater than 25% affordability)  Building Permit Plan Check Building Code Valuation
 Building Permit Fees Building Code Valuation
 Planning Plan Check Review $1,200
 Engineering Plan Check % of Engineer’s estimate (Variable rate)  Engineering Inspection % of Engineer’s estimate (Variable rate)

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Attachment: B: 2022 Impact and Service Fees (For Reference Only) (2022-128 : Affordable Rental Housing Fee Waiver Policy)

CITY COUNCIL STAFF REPORT
DATE: October 11, 2022
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Vance Phillips, Chief Building Official
SUBJECT: Public Hearing: Introduction of Ordinance (Next in Line) Repealing and Replacing Chapter I (California Building Code), Chapter II (California Mechanical Code), Chapter III (California Plumbing Code), Chapter IV (California Electrical Code), Chapter V (California Residential Code), Chapter VIII (California Green Building Standards Code) and Chapter IX (California Fire Code) of Division C1 of Title C of the San Ramon Municipal Code; and Adding Chapter X (California Existing Building Code) of Division C1 of Title C of the San Ramon Municipal Code

RECOMMENDED ACTION
Introduce the Ordinance, waive the reading and read title only, open the Public Hearing, receive public testimony; close the Public Hearing and set the October 25, 2022 meeting for Ordinance adoption.

BACKGROUND/DISCUSSION
On July 1, 2022, the California Building Standards Commission (CBSC) published the 2022 edition of the Title 24 Codes, more commonly known as the California Building Standards Codes.

The California Building Standards Codes (CBSC) originate as part of a national code development process that is organized and published by the International Code Council (ICC), the International Association of Plumbing and Mechanical Officials (IAPMO) and the National Fire Protection Association (NFPA).

The CBSC conducted public hearings on code modifications for State agencies and State amendments that local jurisdictions are mandated to enforce. The CBSC adopted the 2022 California Code of Regulations, Title 24, and published these model codes on July 1, 2022.

These codes regulate building construction in the State of California and all jurisdictions that are responsible for the enforcement of building regulations must now adopt the most recent California Code of Regulations or be mandated to accept, by default, the latest adopted version.

Staff presented this report to the City Council Policy Committee on September 28. The Policy

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Committee consider the staff report and requested staff identify some of the notable changes to the 2022 Codes, and directed staff to proceed to the City Council for Ordinance Introduction and Public Hearing.

Staff modified the draft Ordinance after the September Policy Committee meeting. Staff clarified the effective date of the Ordinance as January 1, 2023.

Notable 2022 Code Changes Approved by the California Building Standards Commission The California Energy Commission created most of the code changes in the 2022 Code Cycle.

While the Energy Commission continues to require improved efficiency for new residential dwellings, they are also addressing energy use of existing dwellings. For the 2022 Code Cycle, the Energy Code includes requirements that will reduce energy use of California’s 6.8 million existing single-family dwellings. The Energy Code will require improved attic insulation when a residential dwelling roof is replaced, air leak testing and repair of heating/cooling ducts when a furnace or air conditioning unit is replaced, and increased efficiency for water heaters, furnaces, air conditioning equipment, roofing materials and windows.

New residential dwellings built with gas appliances will also require electrical wiring for future installation of electrical appliances. There are new requirements for future battery storage systems which now include electrical wiring for interconnection of equipment or a dedicated conduit, electrical panel space for 4 electric branch circuits, a 225 amp main electrical service and dedicated space for the installation of system isolation equipment or a transfer switch.

Nonresidential buildings, such as hotels, office buildings, retail spaces and health care facilities, include requirements for battery storage systems. All nonresidential buildings that are required to have a photovoltaic system must now have a battery storage system. This code change is noted because some battery storage systems are large and use shipping containers for the battery storage system, and additional space will be required on a property to accommodate the storage container.

The Residential Code includes provisions for aging-in-place design and fall prevention. New single-family dwellings will be required to have blocking/reinforcement installed for future grab bar installation at one toilet and at one bathtub or shower with documentation identifying the reinforcement location provided in the owner’s manual. Electrical receptacle outlets, light switches and system control, including HVAC and doorbell buttons will be required to be placed at specified heights for easier access or use.

Recommended Amendments to the 2022 Building Code Specific to San Ramon Due to the City’s proximity to earthquake faults, and as a result of damage that was documented in past earthquakes, the following amendments provide for additional structural upgrades to the minimum provision provided for in the Codes. These amendments apply to both the 2022 California Building Code and the 2022 California Residential Code.

The amendments to Building Code Section 1905.1.7 ACI 318 Section 14.1.4 address the

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problem of poor performance of plain or un-reinforced concrete footings. Amendments to Residential Building Code Table R602.10.4.5 and Section R602.10.4.5 limit the use of gypsum board bracing and Portland Cement Plaster bracing. These recommendations were made by the Structural Engineers Association of Southern California and the Los Angeles City Joint Task Force that investigated the poor performance of under-reinforced concrete footings and braced walls found after the Northridge earthquake.

The Mechanical Code is being amended by deleting Appendix Chapter A. This Appendix Chapter creates a checklist for residential plan review for HVAC system designs. Staff feel the paperwork created by this additional process in not necessary.

The Plumbing Code is being amended by adding the reference to Building Code Table 2902.1 for plumbing fixture count. The number and type of plumbing fixtures from the Building Code includes additional occupancy types that the Plumbing Code Table does not reference.

The Electrical Code is being amended by deleting section 89.108.4. Section 89.108.4 covers permit fees, permit applications and inspections and is proposed for deletion since they are covered by the City's Fees Resolution and the administrative provisions of the proposed Building Code.

Table R301.2(1) of the California Residential Code is being amended to include Climate and Geographic Design Criteria specific to San Ramon. The Residential Building Code is an international code and local jurisdictions are responsible for completing this data for their specific region.

The Existing Building Code, is being amended by deleting Sections 1.8.4, 1.8.5, 1.8.7 and 1.8.8 in Chapter 1, Division I, These Sections discussing permits, permit fees, application and inspections, Alternate materials design and testing and Appeals Board reference, and Chapter 1, Division II are proposed for deletion since they are covered by the City's Fee Resolution and the administrative provisions of the proposed Building Code.

The adoption of these Codes will not apply to any permits issued or applied for prior to January 1, 2023. All construction activity with a permit issued prior to the adoption of these Codes will be inspected using the prior adopted Codes. Any applicant, at their option, may process under the new Codes prior to January 1, 2023.

FISCAL ANALYSIS
Adoption of 2022 California Code of Regulations, Title 24, will not have a fiscal impact on the City. The Fee Resolution adopted by the City Council for plan check and inspection services includes provisions for additional staff training resulting from the changes in these Codes as well as additional time needed for plan check and inspection resulting from changes to these Codes.

STEPS FOLLOWING APPROVAL

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If the City Council desires to make changes to the Ordinance, it will be reintroduced at the October 25, 2022 City Council Meeting. If no changes are made, the Ordinance will be considered for adoption at the October 25, 2022 City Council Meeting.

If adopted, the Ordinance will take effect on January 1, 2023.

ATTACHMENT
A: Ordinance (Next In Line)

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ORDINANCE NO. (next in line)

ORDINANCE OF THE CITY OF SAN RAMON

REPEALING AND REPLACING CHAPTER I (CALIFORNIA BUILDING CODE),

CHAPTER II (CALIFORNIA MECHANICAL CODE), CHAPTER III (CALIFORNIA

PLUMBING CODE), CHAPTER IV (CALIFORNIA ELECTRICAL CODE), CHAPTER

V (CALIFORNIA RESIDENTIAL CODE), CHAPTER VIII (CALIFORNIA GREEN

BUILDING STANDARDS CODE) AND CHAPTER IX (CALIFORNIA FIRE CODE) OF DIVISION C1 OF TITLE C OF THE SAN RAMON MUNICIPAL CODE; AND

ADDING CHAPTER X (CALIFORNIA EXISTING BUILDING CODE) OF DIVISION C1 OF TITLE C OF THE SAN RAMON MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN as follows:

SECTION 1: FINDINGS
In enacting this ordinance, the Council hereby expressly finds by Section 17958.7 of the Health and Safety Code that the certain modifications and changes to the 2022 California Building Code, Volumes 1 and 2, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Electrical Code, the 2022 California Residential Code, the 2022 California Green Building Standards Code and the 2022 Existing Building Code, are required because of local climate, geological and topographical conditions found in and in the vicinity of the City of San Ramon. Furthermore, these modifications and changes are required to specifically address the existence of expansive soil conditions found in San Ramon, and the problem of poor performance of plain or under reinforced concrete footings as was determined by the Structural Engineer Association of Southern California (SEAOSC) and the Los Angeles City Joint Task Force that investigated damaged plain and under-reinforced concrete footings after the 1994 Northridge earthquake.

SECTION 2: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER I (California Building Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:

Chapter I - California Building Code
C1-1. Incorporation by reference.

A. The building code for the City of San Ramon is the “2022 California Building Code" and Appendices thereto, as published by the International Code Council, as promulgated in the California Building Standards Commission by Title 24, Part 2, California Code of Regulations, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) B. The standards for the California Building Code are the International Building Code Standards, 2021 Edition, as published by the International Code Council, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

C. One copy of such "2022 California Building Code" is on file in the City offices, and is made available through the City Clerk for public inspection.

C1-2. Omissions, amendments and additions to California Building Code.

Omissions, amendments and additions to the California Building Code are as set forth in this Chapter.

C1-3. City.

The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Building Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.

C1-4. Violation an infraction.

Any person, firm or corporation violating or causing the violation of any of the provisions of this Chapter shall be guilty of an infraction and, upon conviction thereof, shall be punishable by a fine as set forth in the Municipal Code.

It is declared that any violation of this Chapter constitutes a public nuisance. In addition to any other remedies this code provides for enforcement, the City may bring civil suit to enjoin violation of its provisions or utilizing the administrative citation process under Division A1, Chapter I, Article 4 of the Municipal Code.

C1-5. Appeals.

Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.

C1-6. Amendment to 1705.3 Concrete Construction, Exception 1. 1705.3 Concrete Construction.

The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.

Exception: Special inspections shall not be required for isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f' c' no greater than 2,500 pound per square inch (psi) (17.2 Mpa).

C1-7. Amendment to 1905.1.7 ACI 318 Section 14.1.4.
1905.1.7 ACI 318, Section 14.1.4.

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) Delete ACI 318, Section 14.1.4, and replace with the following:

14.1.4 - Plain concrete in structures assigned to seismic design category C, D, E or F.

14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
a. Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
b. Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing.

Continuity of reinforcement shall be provided at corners and intersections.

C1-8 through C1-60. Reserved.

SECTION 3: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER II (California Mechanical Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:

Chapter II - California Mechanical Code
C1-61. Incorporation by reference.

A. The mechanical code for the City of San Ramon is the "2022 California Mechanical Code" and Appendices thereto, as published by the California Building Standards Commission, as promulgated in the California Mechanical Code, Part 4, Title 24 California Code of Regulations, is hereby adopted by reference and made a part hereof as fully as if set forth at length herein.

B. The standards for the California Mechanical Code are the Uniform Mechanical Code, 2021 Edition, as published by the International Association of Plumbing and Mechanical Officials, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

C. One copy of such "2022 California Mechanical Code" is on file in the City offices and is made available through the City Clerk for public inspection.

C1-62. Omissions, amendments and additions to California Mechanical Code.

Omissions, amendments and additions to the California Mechanical Code are as set forth in this Chapter.

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) C1-63. City.

The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Mechanical Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.

C1-64. Violations an infraction.

C1-65. Appeals.

Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.

C1-66. Amendment to Appendix A.

Appendix A is deleted.

C1-67 through C1-80. Reserved.

SECTION 4: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER III (California Plumbing Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:

Chapter III - California Plumbing Code
C1-81. Incorporation by reference.

A. The plumbing code for the city is the "2022 California Plumbing Code", and Appendices thereto, as published by the California Building Standards Commission, as promulgated in California Plumbing Code, Part 5, Title 24 , California Code of Regulations, is hereby adopted by reference and made a part hereof as fully as if set forth at length herein.

B. The standards for the California Plumbing Code are the Uniform Plumbing Code, 2021 Edition, as published by the International Association of Plumbing and Mechanical Officials, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) C. One copy of such "2022 California Plumbing Code" is on file in the City offices and is available through the City Clerk for public inspection.

C1-82. Omissions, amendments and additions to California Plumbing Code.

Omissions, amendments and additions to the California Plumbing Code are as set forth in this Chapter.

C1-83. City.

The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Plumbing Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.

C1-84. Violations an infraction.

C1-85. Appeals.

Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.

C1-86. Amendment to 422.1-Fixture count.

Section 422.1 is amended to read as follows:
422.1 Fixture Count. Plumbing fixtures shall be provided for the type of building occupancy and in the minimum numbers as shown in Table 422.1 of the California Plumbing Code, Table 2902.1 of the California Building Code, or as otherwise determined by the Building and Safety Official.

C1-87. Amendment to 612.0.

Section 612.0 is deleted.

C1-88 through C1-90. Reserved.

SECTION 5: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER IV (California Electrical Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) Chapter IV - California Electrical Code
C1-91. Incorporation by reference.

A. The electrical code for the City of San Ramon is the "2022 California Electrical Code", and Appendices thereto, as published by the California Building Standards Commission, as promulgated in the California Electrical Code, Part 3, Title 24, California Code of Regulations, is hereby adopted by reference and made a part hereof as fully as if set forth at length herein.

B. The standards for the California Electrical Code are the National Electrical Code, NFPA70, 2020 Edition, as published by the National Fire Protection Association, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

C. One certified copy of such "2022 California Electric Code" is on file in the City offices and is made available through the City Clerk for public inspection.

C1-92. Omissions, amendments and additions to California Electrical Code.

Omissions, amendments and additions to the California Electrical Code are as set forth in this Chapter.

C1-93. City.

The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Electrical Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.

C1-94. Violation an infraction.

C1-95. Appeals.

Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.

C1-96. Amendment to 89.108.4.

Section 89.108.4 is deleted.

C1-97 through C1-110. Reserved.

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) SECTION 6: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER V (California Residential Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:

Chapter V - California Residential Code
C1-111. Incorporation by reference.

A. The residential code for the City of San Ramon is the “2022 California Residential Code" and Appendices thereto, as published by the International Code Council, as promulgated in the California Building Standards Commissions by Title 24, Part 2.5, California Code of Regulations, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

B. The standards for the California Residential Code are the International Building Code Standards, 2021 Edition, as published by the International Code Council, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

C. One copy of such "2022 California Residential Code" is on file in the City offices, and is made available through the City Clerk for public inspection.

C1-112. Omissions, amendments and additions to California Residential Code.

Omissions, amendments and additions to the California Residential Code are as set forth in this Chapter.

C1-113. City.

The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Residential Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.

C1-114. Violation an infraction.

C1-115. Appeals.

Any decision of the building official relating to this Chapter may be appealed in the manner

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.

C1-116. Amendment to Table R301.2(1).

Table R301.2(1) is amended to read as follows:

TABLE R301.2(1)

CLIMATIC AND GEOGRAPHIC

DESIGN CRITERIA
GROUND
SNOW
LOAD

WIND DESIGN SEISMIC
DESIGN

CATEGORY
f

SUBJECT TO DAMAGE FROM WINTER
DESIGN
TEMPe
ICE

BARRIER
UNDERLAYMENT
REQUIREDh
FLOOD

HAZARDS
g
AIR

FREEZING
INDEXi
MEAN
ANNUAL
TEMPj
Speed
mphd
Topographic
effectsk
Special
Wind
Regionl
Windborne
debris
zonem
Weathering
a
Frost
line
depthb
Termite
c
N/A NO NO NO D0, D1, D2, E Negligible N/A Very
Heavy
32° NO See
Footnote g
2% 58.7°
MANUAL J DESIGN CRITERIAn
Elevation Latitude Winter
heating
Summer cooling Altitude
correction
factor
Indoor design
temperature
Design
temperature
cooling
Heating temperature differen
350 ft 38´ 32° 93° 1.0 70° 75° 38°
Cooling temperature difference Wind
velocity
heating
Wind velocity
cooling
Coincident wet
bulb
Daily range Winter
humidity
Summer humidity
18° 15 mph 7.5 mph 67 35% 75% 75%
For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. The weathering index for the City of San Ramon is classified as “negligible”. b. The City of San Ramon does not require additional depth of footing below finish grade. c. The City of San Ramon has a history of local subterranean termite damage. d. The City of San Ramon location-specific basic wind speeds is determined using www.atcouncil.org/windspeed <http://www.atcouncil.org/windspeed>. e. The outdoor design dry-bulb temperature for the City of San Ramon was selected from the columns of 97½-percent values for winter from Appendix D of the 2018 International Plumbing Code.
f. The City of San Ramon is in Seismic design categories Do, D1, D2 and E. g. The date of the City of San Ramon’s entry into the National Flood Insurance Program: April 28, 2009.

The date(s) of the Flood Insurance Study: May 3, 1990. The panel numbers of all currently effective FIRMs adopted by the City of San Ramon, as amended:

Panel 060710 0004A
h. The City of San Ramon does not have a history of local damage from the effects of ice damming.
i. The City of San Ramon selected the 100-year (99%) value on the National Climatic Data Center data table “Air Freezing Index- USA Method (Base 32°)” at www.ncdc.noaa.gov/fpsf.html.
j. The City of San Ramon selected the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F)” at

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) www.ncdc.noaa.gov/fpsf.html.
k. No local historical data documenting structural damage to buildings due to topographic wind speed-up effects in the City of San Ramon.
l. The City of San Ramon is not in a Special Wind Region. m. The City of San Ramon is not in a Wind-borne debris zone. n. The City of San Ramon is using Table 1B for San Ramon, CA from ACCA Manual J. o. The City of San Ramon does not have Ground Snow Loading.

C1-117. Amendment to Table R602.10.3(3)-Bracing Requirements based on seismic design category.

Table R602.10.3(3) is amended to read as follows:

Table column title MINIMUM TOTAL LENGTH (FEET) OF BRACED WALL PANELS REQUIRED ALONG EACH BRACED WALL LINE is amended to add footnote “g”.

Footnote “g” is added, to read as follows:
g. Method CS-SFB and Method GB are not permitted, and the use of Method PCP is limited to one-story single-family dwellings and accessory structures.

C1-118. Amendment to R602.10.4.5-Limits on methods GB and PCP.

Section R602.10.4.5 is added, to read as follows:

4. Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be placed on the opposite side of the studs from other types of braced wall panel sheathing. The use of Method PCP is limited to one-story singlefamily dwellings and accessory structures.

C1-119 through C1-160. Reserved.

SECTION 7: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER VIII (California Green Building Standards Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:

Chapter VIII - California Green Building Standards Code C1-161. Incorporation by reference.

A. The green building code for the City of San Ramon is the “2022 California Green Building Standards Code" and Appendices thereto, as published by the California Building Standards Commission as promulgated in the California Building Standards Commissions by Title 24, Part 11, California Code of Regulations, is adopted by reference and made a part hereof as fully as if set forth at length herein.

B. One copy of such "2022 California Green Building Standards Code" is on file in the City offices, and is made available through the City Clerk for public inspection.

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) C1-162. Omissions, amendments and additions to California Green Building Standards Code.

Omissions, amendments and additions to the California Green Building Standards Code are as set forth in this Chapter.

C1-163. City.

The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Green Building Standards Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.

C1-164. Violation an infraction.

C1-165. Appeals.

Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.

C1-166. Amendment to 107.1 - Local enforcing agency.

Section 107.1 is amended to read as follows:
107.1 Local enforcing agency. The Building and Safety Services Division of the City of San Ramon shall enforce all the provisions of the California Green Building Code and the other rules and regulations promulgated by the Building Standards Commission, the Department of Housing and Community Development or the Division of the State Architect.

C1-167 through C1-170. Reserved.

SECTION 8: TITLE C, DIVISION C1 (Uniform Codes), CHAPTER IX (California Fire Code) of the Municipal Code of the City of San Ramon is hereby repealed in its entirety and replaced with the following:

Chapter IX - California Fire Code
C1-171. Incorporation by reference.

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) A. The fire code for the City of San Ramon is the "2022 California Fire Code" and Appendices thereto, as published by the International Code Council as promulgated in the California Fire Code, Part 9, Title 24 California Code of Regulations, together with amendments thereto adopted by the San Ramon Valley Fire Protection District which are hereby ratified and, except as to any omissions, amendments and additions hereinafter noted, is hereby adopted by reference and made a part hereof as fully as if set forth at length herein.

B. The standards for the California Fire Code are the International Fire Code Standards, 2021 Edition, as published by the International Code Council, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

C. One (1) copy of such "2022 California Fire Code" is on file in the City offices and is made available through the City Clerk for public inspection.

C1-172. Omissions, amendments and additions to California Fire Code.

Omissions, amendments and additions to the California Fire Code are as set forth in this Chapter.

C1-173. City.

The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Fire Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.

C1-174. Violation an infraction.

C1-175. Appeals.

Any decision of the building official relating to this Chapter may be appealed in the manner set forth in California Building Code Section 113 as adopted by the San Ramon Municipal Code.

C1-176 through C1-180. Reserved.

SECTION 9: DIVISION C1 (Uniform Codes), CHAPTER X (California Existing Building Code) is hereby added to TITLE C of the Municipal Code of the City of San Ramon and shall read as follows: Chapter X - California Existing Building Code

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) C1-181. Incorporation by reference.

A. The existing building code for the City of San Ramon is the “2022 California Existing Building Code" and Appendices Chapters A1, A3 and A4, as published by the International Code Council, as promulgated in the California Building Standards Commissions by Title 24, Part 10, California Code of Regulations, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

B. The standards for the California Existing Building Code are the International Existing Building Code Standards, 2021 Edition, as published by the International Code Council, and, except, as to any omissions, amendments and additions hereinafter noted, is adopted by reference and made a part hereof as fully as if set forth at length herein.

C. One copy of such "2022 California Existing Building Code" is on file in the City offices, and is made available through the City Clerk for public inspection.

C1-182. Omissions, amendments and additions to California Existing Building Code.

Omissions, amendments and additions to the California Existing Building Code are as set forth in this Chapter.

C1-183. City.

The name "City of San Ramon" is inserted in any and all blank spaces provided in said California Existing Building Code for the name of the city adopting said code, and wherever the word "city" as "jurisdiction" appears in said code or is otherwise used, it shall mean and refer to the City of San Ramon.

C1-184. Amendment to Chapter 1 Division I.

Chapter 1 Division I Sections 1.8.4, 1.8.5, 1.8.7 and 1.8.8 are deleted.

C1-185. Amendment to Chapter 1 Division II.

Chapter 1 Division II is deleted.

C1-186 through C1-190. Reserved.

SECTION 10: CEQA
The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15378 and 15061 of the CEQA Guidelines in that the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment.

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption) SECTION 11: Severability
If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

SECTION 12: Effective Date
This ordinance shall take effect on January 1, 2023. Before the expiration of fifteen (15) days after its passage, this ordinance shall be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council voting for and against the same.

The foregoing ordinance was introduced at the public hearing of the City Council of the City of San Ramon on October 11, 2022 and was subsequently adopted on October 25, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
David E. Hudson, Mayor
ATTEST:
___________________________
Christina Franco, City Clerk

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Attachment: A: Ordinance (Next In Line) (2022-39 : Building Code Adoption)

San Ramon City CouncilOctober 11, 2022

San Ramon City Council
October 11, 2022