Agenda packet — San Ramon City Council, December 13, 2022

CITY COUNCIL AGENDA
December 13, 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, December 13, 2022, to [email protected]. Please include “Public Comment 12/13/2022” 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 – December 13, 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/95337499996 Webinar ID: 953 3749 9996
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: 953 3749 9996
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 – December 13, 2022

1. CALL TO ORDER/ROLL CALL

2. PLEDGE OF ALLEGIANCE - SAN RAMON POLICE HONOR GUARD

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 Zoom.

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.

During public comment, members of the public are permitted to address the City Council on:
 Items that are on the Consent Calendar, including requests to pull an item from the consent calendar and the reason why you wish to pull the item or items. Please note that the decision to remove the item from the Consent Calendar is strictly at the discretion of the City Council.
 Requests for Future Agenda Items
 Special Presentation Items under Section 6 of tonight’s Agenda  Items that are not on the agenda and are within the City Council’s jurisdiction. 4 City Council Meeting – December 13, 2022

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.

5.1 Minutes of the City Council Regular Meeting and Closed Session - Nov 22, 2022 Recommendation: Approve Minutes

5.2 Minute Order No. 2022-026 - 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. 2022-026

5.3 Minute Order No. 2022-027 - Authorizing the Mayor to Attend the United States Conference of Mayor's 91st Winter Meeting – Washington, D.C on January 18-20, 2023
Recommendation: Approve Minute Order No. 2022-027

5.4 Resolution No. 2022-145 - Approving Amendment No. 2 to the Memorandum of Understanding with the San Ramon Police Officer’s Association, Which Authorizes Clarifying Language Regarding Master Officer Pay and Sick Leave Conversion and Provides an Additional Discretionary Holiday in Honor of Juneteenth
Recommendation: Approve Resolution No. 2022-145

5.5 Resolution No. 2022-146 - Authorizing the City Manager to Enter into a Joint Project Agreement with the County of Alameda for the Crow Canyon Road Pavement Repair Project (CIP 000009)
Recommendation: Approve Resolution No. 2022-146

5.6 Resolution No. 2022-147 - Approving the Final Map and Authorizing the Mayor to Execute a Subdivision Improvement Agreement for Subdivision 9576 for the City Village Development Project (BR6), APN 213-133-048 (Summerhill Homes)
Recommendation: Approve Resolution No. 2022-147
5 City Council Meeting – December 13, 2022

5.7 Resolution No. 2022-148 - Approving the Reappropriation of $175,000 from the FY 2022/23 Public Works Department Engineering Services Division Operating Budget to the Crow Canyon Road / Iron Horse Trail Bicycle and Pedestrian Overcrossing Project (CIP 905531) to Begin Initial Steps Prior to Project Design to Ensure Compliance with Federal and State Requirements Recommendation: Approve Resolution No. 2022-148

5.8 Resolution No. 2022-149 - Accepting the Certificate of the County Clerk as to the Result of the Canvass of the City of San Ramon November 8, 2022 Consolidated Election
Recommendation: Approve Resolution No. 2022-149

5.9 Resolution No. 2022-150 - Authorizing the Mayor to Execute an Agreement with Integra Construction Services, Inc. to Provide Construction Services for the Dougherty Station Community Center Renovation Project (CIP 200004), in an Amount Not to Exceed $2,063,600, Funded by the 2019 Certificate of Participation (COP) Debt Financing
Recommendation: Approve Resolution No. 2022-150

6. SPECIAL PRESENTATIONS

6.1 Remarks from the Offices of Senator Steve Glazer, Assembly Member Rebecca Bauer-Kahan, and Supervisor Candace Andersen

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

10.1 Recognition of Outgoing Councilmember Sabina Zafar upon her departure from the City Council.

Introduction by City Manager Joe Gorton.

10.2 Administration of the Oath of Office to Councilmember Mark Armstrong Administration of the Oath of Office to Councilmember Marisol Rubio Administration of the Oath of Office to Mayor David E. Hudson

11. CITY MANAGER'S AND CITY COUNCIL MEMBERS' COMMENTS
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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: December 9, 2022
7 City Council Meeting – December 13, 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
November 22, 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 Directory Maria Fierner, Associate Engineer Gloria Lee, and Public Works Program Manager Kerry Parker.

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS
Public comment was received from Tywon Sacontrie.

3.1 Changes and Additions to the Agenda

4. PUBLIC COMMENT
Public comment was received from Jonathan Latiolais and Tywon Sacontrie.

5. CONSENT CALENDAR
The Mayor pulled items 5.6, 5.9 and 5.10 for further discussion.

Cm. Perkins motion to adopt consent calendar items 5.1-5.5, 5.7, and 5.8 was seconded by Cm. Zafar. The motion passed 5-0-0-0.

5.1 Packet Pg. 6
Minutes Acceptance: Minutes of Nov 22, 2022 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – November 22, 2022
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar

5.1 Minutes of the City Council Regular Meeting and Closed Session - Oct 25, 2022 Recommendation: Accept Minutes

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

5.3 Minute Order No. 2022-025 - 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. 2022-025

5.4 Resolution No. 2022-135 - Authorizing the Revisions to the Part Time Temporary Employee Salary Ranges within the Parks & Community Services Department Recommendation: Approve Resolution No. 2022-135

5.5 Resolution No. 2022-136 - Authorizing the Mayor to Execute a Three-Year Revenue Sharing Agreement with EliteSwim DBA ElitSwim for Swim Lesson Instruction in an Amount Not to Exceed $1,100,000
Recommendation: Approve Resolution No. 2022-136

5.6 This item was deferred to Item 7.1

5.7 Resolution No. 2022-138 - Authorizing the Mayor to Execute an Agreement with JD Partners Concrete for On-Call Concrete and Sidewalk Repairs in an Amount Not to Exceed $499,000 for a Two-Year Term Ending December 31, 2024, with the Option to Renew the Agreement for Up to Two Additional Successive OneYear Terms Recommendation: Approve Resolution No. 2022-138

5.8 Resolution No. 2022-139 - Authorizing the Mayor to Execute Amendment No. 4 to the Agreement with Roebbelen Contracting, Inc. (C2018-071) for As-Needed Construction Consulting Services for the Dougherty Station Community Center Renovation Project (CIP 200004) for an Additional Amount of $261,083 with a Cumulative Total Contract Amount Not to Exceed $1,857,023 through June 30, 2024, Funded by 2019 Certificate of Participation Debt Financing Recommendation: Approve Resolution No. 2022-139

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Minutes Acceptance: Minutes of Nov 22, 2022 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – November 22, 2022

5.9 This item was deferred to item 7.2

5.10 This item was deferred to item 7.3

6. SPECIAL PRESENTATIONS

7. DEFERRED CONSENT ITEMS

7.1 Resolution No. 2022-137 - Authorizing the Mayor to Execute Amendment No. 3 to the Agreement with HF&H Consultants, LLC (C2017-045) for As-Needed Solid Waste Consulting Services in an Amount Not to Exceed $583,000, for a One-Year Extension through December 31, 2023
Recommendation: Approve Resolution No. 2022-137
The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.

Mayor Hudson's motion to approve Resolution No. 2022-137, authorizing the Mayor to execute amendment No. 3 to the agreement with HF&F Consultants, LLC (2017-045) for As-needed solid waste consulting services in an amount not to exceed $583,000. for a one-year extension through December 31, 2023, was seconded by Vice Chair Verose.

The motion passed 5-0-0-0.

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

7.2 Resolution No. 2022-140 - Authorizing the Mayor to Execute an Agreement with Integra Construction Services, Inc. to Provide Construction Services for the Dougherty Station Community Center Renovation Project (CIP 200004), in an Amount Not to Exceed $2,063,600, Funded by the 2019 Certificate of Participation (COP) Debt Financing
Recommendation: Approve Resolution No. 2022-140
Mayor Hudson motion to continue this item to the December 13, 2022 meeting was seconded by Cm. Zafar. The motion passed 5-0-0-0
RESULT: APPROVED [UNANIMOUS]
MOVER: Dave Hudson, Mayor
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar

5.1 Packet Pg. 8
Minutes Acceptance: Minutes of Nov 22, 2022 7:00 PM (CONSENT CALENDAR) 4 City Council Meeting – November 22, 2022

7.3 Resolution No. 2022-141 - Approving the Fifth Amendment to the Agreement for Employment of the City of San Ramon City Attorney and Authorizing the Mayor to Sign the Agreement
Recommendation: Approve Resolution No. 2022-141
City Attorney Martin Lysons recused himself and left the council chamber.

The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.

Cm. Perkins motion to approve Resolution No. 2022-141, approving the fifth amendment to the agreement for employment of the City Attorney, was seconded by Cm. Zafar. The motion passed 5-0-0-0.

City Attorney Martin Lysons returned to the dais.

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

8. CITY COUNCIL APPOINTMENTS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

10.1 Resolution No. 2022-142 - Authorizing the Exception to the 180-Day Wait Period Under Government Code Section 7522.56 & 21221(H) for the Hiring of a CalPERS Annuitant and the Temporary Appointment of Sandra Martin as a Recent CalPERS Annuitant to the Position of Facilities and Aquatics Program Manager in the Public Works Department
Recommendation: Approve Resolution No. 2022-142
Public Works Director Maria Fierner presented the staff report.

The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.

Cm. Perkins motion to approve Resolution No. 2022-142, authorizing the exception to the 180-day wait period under Government Code Section 7522.56 & 21221(H) for the hiring of a CalPERS annuitant and the temporary appointment of Sandra Martin as a recent CalPERS annuitant to the position of Facilities and Aquatics Program Manager in the Public Works Department, was seconded by Cm. Zafar. The motion passed 5-0-0-0.

5.1 Packet Pg. 9
Minutes Acceptance: Minutes of Nov 22, 2022 7:00 PM (CONSENT CALENDAR) 5 City Council Meeting – November 22, 2022
RESULT: APPROVED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Sabina Zafar, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Zafar

10.2 Resolution No. 2022-143 - Public Hearing: Pursuant to Streets and Highways Code Section 8324 - Consideration of Vacating a Portion of Right-Of-Way Along Bollinger Canyon Road and Adopting This Resolution Vacating a Portion of Right-Of-Way Abutting Lots 87, 89, and 90 of Subdivision 4383 to the Adjacent Property Owners
Recommendation: Receive the Staff Report, Open the Public Hearing, Receive Public Testimony, Close the Public Hearing and Approve Resolution No. 2022- 143
Associate Engineer Gloria Lee presented the staff report.

Vice Mayor Verose's motion to open the public hearing was seconded by Cm. Perkins.

The motion passed 5-0-0-0.

The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.

Cm. Perkins' motion to close the public hearing was seconded by Vice Mayor Verose.

The motion passed 5-0-0-0.

Cm. Perkins' motion to approve Resolution No. 2022-143, pursuant to Streets and Highways Code Section 8324 - consideration of vacating a portion of right-of-way along Bollinger Canyon Road and adopting this Resolution vacating a portion of right-of-way abutting Lots 87, 89, and 90 of Subdivision 4383 to the adjacent property owners, was seconded by Cm. Zafar. The motion passed 5-0-0-0.

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

10.3 Resolution No. 2022-144 - Discussion of Rate Period 4 Cost-Based Rate Adjustment and Authorizing the Mayor to Execute Amendment No. 2 to the Franchise Agreement (C2018-070) with Alameda County Industries of San Ramon, Inc. for Recycling, Organics, and Solid Waste Collection and Processing Services
Recommendation: Approve Resolution No. 2022-144
Mayor Hudson recused himself, stating on September 29, 2022, Governor Newsom signed SB 1439 (Glazer) into law. This new law requires that he recuse himself from this item, as he has received a campaign donation from ACI within the last year that exceed

5.1 Packet Pg. 10
Minutes Acceptance: Minutes of Nov 22, 2022 7:00 PM (CONSENT CALENDAR) 6 City Council Meeting – November 22, 2022
the statutory limit of $250 specified under Government Code Section 84308. Mayor Hudson left the dais and chamber.

Public Works Program Manger Kerry Parker presented the staff report.

HF&F Consultants Project Manager Dave Hilton answered questions of the Council.

Vice Mayor Verose opened public comment. Public comment was received from Tywon Sacontrie and Dinesh Govindarao. Vice Mayor Verose closed public comment.

Cm. Perkins' motion to provide direction to staff on the recommended rate choice, was seconded by Cm. Zafar. The motion passed 4-0-1-0.

The City Council took a break at 8:46 p.m. and returned at 8:51 p.m.

City Attorney Martin Lysons clarified that a second motion would be needed for this item.

Cm. Perkins' motion to approve Resolution No. 2022-144, discussion of Rate Period 4 Cost-Based Rate Adjustment and Authorizing the Mayor to Execute Amendment No. 2 to the Franchise Agreement (C2018-070) with Alameda County Industries of San Ramon, Inc. for Recycling, Organics, and Solid Waste Collection and Processing Services, was seconded by Cm. Zafar. The motion passed 4-0-1-0.

Mayor Hudson returned to the dais.

RESULT: APPROVED [4 TO 0]
MOVER: Scott Perkins, Councilmember
SECONDER: Sabina Zafar, Councilmember
AYES: Verose, Armstrong, Perkins, Zafar
AWAY: Hudson

11. CITY MANAGER AND CITY COUNCIL MEMBERS' COMMENTS

11.1 Discussion of Cancellation of December 27, 2022 City Council Meeting The City Council unanimously decided to cancel the December 27, 2022 City Council Meeting.

The Mayor opened public comment. Public comment was received from Tywon Sacontrie. The Mayor closed public comment.

12. PUBLIC COMMENT

13. CLOSED SESSION
The City Council convened to closed session at 9:21 p.m. and returned to the regular meeting at 9:45 p.m.

5.1 Packet Pg. 11
Minutes Acceptance: Minutes of Nov 22, 2022 7:00 PM (CONSENT CALENDAR) 7 City Council Meeting – November 22, 2022

13.1 Conference with Legal Counsel – Existing Litigation (California Government Code § 54956.9) Sarah Tuning v. City of Walnut Creek, et al., United States District Court, Northern District of California, Case No. 3:21-cv-05154-SI

13.2 Report on Closed Session
The Council met with its attorneys on the matter of Sarah Tuning v. City of Walnut Creek, et al., and has nothing to report at this time.

14. ADJOURNMENT
The meeting was adjourned at 9:46 p.m.

5.1 Packet Pg. 12
Minutes Acceptance: Minutes of Nov 22, 2022 7:00 PM (CONSENT CALENDAR)

CITY COUNCIL STAFF REPORT
DATE: December 13, 2022
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: MINUTE ORDER NO. 2022-026 - 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. 13

CITY COUNCIL STAFF REPORT
DATE: December 13, 2022
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: MINUTE ORDER NO. 2022-027 - Authorizing the Mayor to Attend the United States Conference of Mayor's 91St Winter Meeting – Washingtion D.C on January 18-20, 2023

RECOMMENDED ACTION
Staff recommends that the City Council adopt this Minute Order authorizing Mayor Hudson to attend the United State Conference of Mayors 91st Winter Meeting in Washington, D.C. on January 17 - 20, 2023.

BACKGROUND/DISCUSSION
The City of San Ramon’s Travel Policy adopted by Resolution No. 2021-135 which outlines the procedures and guidelines pertaining to travel by members of the City Council on official business. The policy states that “Out-of-state travel not required for participation in the National League of Cities requires approval of the City Council in a public meeting.” Mayor Hudson is requesting that the City Council approve his travel to attend the United State Conference of Mayors 91st Winter Meeting in Washington, D.C. on January 17 - 20, 2023.

The U.S. Conference of Mayors 91st Winter Meeting will bring mayors from cities of all sizes and from all regions of the country together in Washington, D.C.

The 91st Winter Meeting will focus on some of the most pressing challenges facing our cities and key priorities of America’s mayors, including mental health, public safety, technology and innovation, infrastructure, and jobs.

FISCAL ANALYSIS
The funds required for this Conference are available in the 2022/2023 City Budget as required by Section A6-1 (a) (1).

STEPS FOLLOWING APPROVAL

1. Move that the Council authorize the Mayor to attend the United State Conference of

5.3 Packet Pg. 14
Mayors 91st Winter Meeting in Washington, D.C. on January 17 - 20, 2023.

2. The Mayor will submit a Travel Report Form complete with documentation for related travel expenditures (mileage, transportation, lodging, and meals) within two weeks of completion of travel.

5.3 Packet Pg. 15

CITY COUNCIL STAFF REPORT
DATE: December 13, 2022
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Megan O'Donoghue, Human Resources Manager
SUBJECT: RESOLUTION NO. 2022-145 - Approving Amendment No. 2 to the Memorandum of Understanding with the San Ramon Police Officer’s Association, Which Authorizes Clarifying Language Regarding Master Officer Pay and Sick Leave Conversion and Provides an Additional Discretionary Holiday in Honor of Juneteenth

RECOMMENDED ACTION
Staff recommends approval of the Resolution approving Amendment No. 2 to the Memorandum of Understanding with the San Ramon Police Officer’s Association, which authorizes clarifying language regarding Master Officer Pay and sick leave conversion and provides an additional discretionary holiday in honor of Juneteenth for all represented sworn classifications effective January 1, 2023.

BACKGROUND/DISCUSSION
On August 24, 2021, Resolution No. 2021-104, authorized the execution of the Memorandum of Understanding (MOU) between the City of San Ramon and the San Ramon Police Officer’s Association (POA) from July 1, 2021 through June 30, 2024. On November 9, 2021, Resolution No. 2021-129 approved Amendment No. 1 to the MOU with the POA.

On July 12, 2022, Resolution No. 2022-110 authorized the execution of the MOU between the City of San Ramon and the Service Employees International Union, Local 1021 (SEIU), and Resolution No. 2022-111 authorized the execution of the Salary and Benefits Resolution for Unrepresented Miscellaneous Employees. The MOU with SEIU and the Salary and Benefits Resolution for Unrepresented Miscellaneous Employees included an additional discretionary holiday in honor of Juneteenth for covered employees, effective January 1, 2023. In order to extend the additional discretionary holiday in honor of Juneteenth to all employees of the City of San Ramon, Amendment No. 2 to the MOU with POA amends Section 9.1, Holidays to include the additional discretionary holiday effective January 1, 2023.

Additionally, as the provisions in the MOU with POA have been realized, staff has discovered two areas of the MOU in which language is unclear. Specifically, the language regarding the implementation of Master Officer Pay in Section 6.17, Master Officer Program required clarification as to when eligible employees should receive Master Officer Pay; this language has

5.4 Packet Pg. 16
been updated in Amendment No. 2. Also, Section 11.7, Sick Leave Conversion did not include language to indicate that sick leave would be converted to CalPERS service credit upon both retirement and termination of employment; this language has been updated to include termination of employment in Amendment No. 2. In both cases (i.e. Master Officer Pay and sick leave conversion), the language was updated to reflect original intent of the negotiated labor contract.

The new Amendment No. 2 has been reviewed and approved by the POA, via POA President Mark Holland.

FISCAL ANALYSIS
Budget impacts related to the additional discretionary holiday will be absorbed in the current budget until the next budget update is completed at mid-year or in the next fiscal year. The updates to the language regarding Master Officer Pay and sick leave conversion will not have a budgetary impact.

STEPS FOLLOWING APPROVAL
Amendment No. 2, along with the Resolution, will be executed as an amendment to the MOU; both documents will also be posted on the City’s Intranet and on the City’s web page for access by others.

ATTACHMENT
A: Amendment No. 2 to the City of San Ramon Police Officer’s Association Memorandum of Understanding (redline version)
B: Amendment No. 2 to the City of San Ramon Police Officer’s Association Memorandum of Understanding (final version)

5.4 Packet Pg. 17
RESOLUTION NO. 2022-145

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON APPROVING AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING WITH THE SAN RAMON POLICE OFFICER’S ASSOCIATION, WHICH

AUTHORIZES CLARIFYING LANGUAGE REGARDING MASTER OFFICER PAY

AND SICK LEAVE CONVERSION AND PROVIDES AN ADDITIONAL

DISCRETIONARY HOLIDAY IN HONOR OF JUNETEENTH
WHEREAS, on August 24, 2021, Resolution No. 2021-104 authorized the execution of the Memorandum of Understanding (MOU) between the City of San Ramon and the San Ramon Police Officer’s Association (POA) from July 1, 2021 through June 30, 2024; and WHEREAS, on November 9, 2021, Resolution No. 2021-129 approved Amendment No. 1 to the MOU with the POA; and
WHEREAS, the City will be honoring Juneteenth by providing all employees, including those represented by the POA, with an additional discretionary holiday beginning January 1, 2023; and
WHEREAS, the process for implementing Master Officer Pay as outlined in the MOU with the POA required clarification in order to be executed properly and consistently; and WHEREAS, language regarding the conversion of sick leave to CalPERS service credit upon termination of employment was inadvertently absent from the relevant section in the MOU with the POA.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize clarifying language in the MOU with the POA regarding the implementation of Master Officer Pay and sick leave conversion upon termination of employment, as well as an additional discretionary holiday in honor of Juneteenth for all represented sworn classifications effective January 1, 2023.

BE IT FURTHER RESOLVED, that the City Council of the City of San Ramon does hereby approve and authorize the City Manager to execute the attached Amendment No. 2 to the MOU with the POA to update language related to the additional discretionary holiday, Master Officer Pay, and sick leave conversion.

PASSED, APPROVED AND ADOPTED at the meeting of December 13, 2022 by the following votes:

AYES:

NOES:

5.4 Packet Pg. 18
ABSENT:

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

5.4 Packet Pg. 19

Page 1 of 3 ends

AMENDMENT NO. 2 TO THE CITY OF SAN RAMON POLICE OFFICER’S

ASSOCIATION MEMORANDUM OF UNDERSTANDING
Section 6.17.d is amended as follows:

6.17 Master Officer Program
d. Pay Effective Date
It is the sole responsibility of each employee to complete a Master Officer Pay Authorization Form, provide all necessary backup or proof (if using experience from another agency), and receive sign off from the Chief, or theirhis/her designee, in order to begin to receive Master Officer Pay. Pay will be effective on the first day of the pay day that corresponds with the pay period following the date onin which Human Resources receives the required paperwork. For example, if Human Resources receives a completed Master Officer Pay Authorization Form on October 4, 2018, the employee will expect to receive the pay on his/her October 26, 2018 pay check. With the exception of the initial implementation of this program, as outlined in the next paragraph, Master Officer pay will not be applied retroactively.

Section 9.1 is amended as follows:

9.1 Holidays
The following holidays are recognized as regular holidays for pay purposes. Regular parttime employees who work a minimum of twenty (20) hours per week on a continuous basis are entitled to receive holiday pay at their straight time rate in an amount proportionate to the ratio of scheduled hours or work per week as approved in the fiscal year budget.

Regular and probationary full-time employees shall have the following days off with pay:
* New Year’s Day * Veteran’s Day
* Martin Luther King Jr. Day * Thanksgiving Day
* President’s Day * Day After Thanksgiving
* Memorial Day * Christmas Day
* Independence Day * One-half Day (afternoon) on either Christmas Eve or New Year’s Eve
* Labor Day * Two discretionary holidays, plus
effective January 1, 2023, one additional
discretionary holiday in recognition of
Juneteenth
Discretionary holidays are granted on a calendar year basis and must be used during that year. Discretionary days may be scheduled with seven (7) calendar days’ notice to the supervisor or Police Chief. Approval of the Police Chief or designee is required prior to taking a discretionary day off. There is no provision for accrual beyond the calendar year,

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Attachment: A: Amendment No. 2 to the City of San Ramon Police Officer’s Association Memorandum of Understanding (redline version) POA Amendment No. 2
December 13, 2022

Page 2 of 3 ends

and employees shall not be paid for unused discretionary holidays at the time of separation from the City service. Discretionary holidays are the equivalent to eight (8) hours.

Except for those employees who are assigned to Patrol, or any other assignments designated by the Chief of Police, when any day recognized as a holiday by the City falls on a Sunday, the following Monday shall be considered the holiday. When any day recognized as a holiday by the City falls on a Saturday, the preceding Friday shall be considered the holiday.

Employees assigned to Patrol, and any others designated by the Chief of Police, will work all holidays which fall on their normal work schedule. For purposes of this section, holidays are the actual date of the recognized holiday and not the day these holidays are observed by the City.

An employee who wishes to be excused from work in observance of a religious holiday (not listed as a "Regular Holiday for Pay Purposes") shall request approval of such absence from the Police Chief. If approved, such time off shall be charged against the employee's accumulated compensatory time, discretionary holidays, or vacation leave.

Section 11.7.b is amended as follows:

11.7 Sick Leave Conversion
b. Conversion at Retirement or Termination of Employment Regular full-time employees who are retiring from the City or terminating their employment with the City, will receive the following benefit: 100% of their unused sick leave will be automatically applied to CalPERS service credit. There is no option to convert unused sick leave to cash, and thus, no tax liability.

Dated: December 13, 2022
City of San Ramon San Ramon Police Officer’s Association By: Joe Gorton, City Manager By: Mark Holland, President Attest:

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Attachment: A: Amendment No. 2 to the City of San Ramon Police Officer’s Association Memorandum of Understanding (redline version) POA Amendment No.
2 December 13, 2022

Page 3 of 3 ends

___________________________________
Christina Franco, City Clerk

5.4.a
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Attachment: A: Amendment No. 2 to the City of San Ramon Police Officer’s Association Memorandum of Understanding (redline version)

Page 1 of 3 ends

AMENDMENT NO. 2 TO THE CITY OF SAN RAMON POLICE OFFICER’S

ASSOCIATION MEMORANDUM OF UNDERSTANDING
Section 6.17.d is amended as follows:

6.17 Master Officer Program
d. Pay Effective Date
It is the sole responsibility of each employee to complete a Master Officer Pay Authorization Form, provide all necessary backup or proof (if using experience from another agency), and receive sign off from the Chief, or their designee, in order to begin to receive Master Officer Pay. Pay will be effective on the first day of the pay period following the date on which Human Resources receives the required paperwork. With the exception of the initial implementation of this program, as outlined in the next paragraph, Master Officer pay will not be applied retroactively.

Section 9.1 is amended as follows:

5.4.b
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Attachment: B: Amendment No. 2 to the City of San Ramon Police Officer’s Association Memorandum of Understanding (final version) (2022- POA Amendment No. 2
December 13, 2022

Page 2 of 3 ends

Section 11.7.b is amended as follows:

Dated: December 13, 2022
City of San Ramon San Ramon Police Officer’s Association By: Joe Gorton, City Manager By: Mark Holland, President Attest:
___________________________________

5.4.b
Packet Pg. 24
Attachment: B: Amendment No. 2 to the City of San Ramon Police Officer’s Association Memorandum of Understanding (final version) (2022- POA Amendment No.
2 December 13, 2022

Page 3 of 3 ends

Christina Franco, City Clerk

5.4.b
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Attachment: B: Amendment No. 2 to the City of San Ramon Police Officer’s Association Memorandum of Understanding (final version) (2022-

CITY COUNCIL STAFF REPORT
DATE: December 13, 2022
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Robin Bartlett, Division Manager/District Engineer
SUBJECT: RESOLUTION NO. 2022-146 - Authorizing the City Manager to Enter into a Joint Project Agreement with the County of Alameda for the Crow Canyon Road Pavement Repair Project (CIP 000009)

EXECUTIVE SUMMARY
Crow Canyon Road between the western City Limits and Bollinger Canyon Road is in need of repairs that will include milling the existing surface, placing pavement mats, and overlaying new asphalt concrete. Alameda County has been planning and implementing various repairs on Crow Canyon Road between Norris Canyon Road and the County boundary with San Ramon. The County’s repairs include major pavement rehabilitation. In order to maximize efficiency and minimize disruption to the public, staff recommends coordinating with Alameda County by combining the projects. The attached Resolution will authorize the City Manager to enter into an Agreement with the County of Alameda formalizing the Agreement. Under the Agreement, the City will be responsible for the design and inspection of its portion; however, the project will be bid as a single element with award and overarching construction management by the Alameda County Public Works Department.

RECOMMENDED ACTION
Staff recommends approval of this Resolution authorizing the City Manager to enter into a Joint Project Agreement with the County of Alameda for the Crow Canyon Road Pavement Repair Project (CIP 000009).

BACKGROUND/DISCUSSION
Background
Crow Canyon Road between the western City Limits and Bollinger Canyon Road (including the intersection) is in need of significant maintenance. This section of road carries substantial high speed traffic into and out of the City. This section of Crow Canyon Road has a Pavement Condition Index (PCI) of 61. In addition to the relatively low PCI value, there are significant uneven areas in numerous places of the road. These include trench settlement in the eastbound lanes and cracking and vertical and lateral offsets on the westbound lanes. The City’s project will repair these defects, as well as update the pavement striping, concrete curb ramps and replace the

5.5 Packet Pg. 26
vehicle detection loops with a new video camera system. The Project has been included in the City’s Five-Year Pavement Plan since 2018.

Alameda County has been undertaking a variety of improvements and repairs to Crow Canyon Road between San Ramon and Castro Valley. The current phase of work includes completing work on retaining walls, repairing or replacing culverts, replacing guard rails, and undertaking a Full Depth Reclamation pavement repair project on a segment of the road that abuts the City’s project.

Agreement with the County of Alameda
Due to: 1) the similarity of some elements of the work and the possibility of obtaining lower prices with a larger project; 2) the desirability of maximizing coordination to allow smooth progress of the projects; and 3) the desirability of minimizing road closures and disruption to people using Crow Canyon Road; City and County staff have been discussing combining the two projects. City and County staff, in concert with their respective attorneys, have developed a draft agreement that satisfies the needs of both agencies. Under the Agreement, the City will be responsible for the design and inspection of its portion; however, the project will be bid as a single project. The project will be awarded by Alameda County with overarching construction management by the Alameda County Public Works Department. If bids for the City’s portion of the work are high, the City reserves the right to withdraw from the project.

FISCAL ANALYSIS
The Crow Canyon Road Pavement Repair Project was included in the FY 2022/23 Capital Budget authorized a total of $435,000 for the design and construction funded by Gas Tax/Measure J. While the total project cost is expected to exceed this initial estimate, the project should be constructed more efficiently through this agreement due to the larger size of the combined project and anticipated lower unit prices that are likely to result. Additional allocations will be requested to complete the construction in a separate City Council action.

The proposed agreement will have minimal direct fiscal impact. The agreement includes a provision for the City to reimburse Alameda County for certain costs associated with administration and bid award. The amount will not exceed $20,000 without prior written approval of the City.

NEXT STEPS
Following approval of the Resolution, staff will:

1. Work with the Alameda County and the City Attorney to finalize the Agreement.

2. Complete the project plans, specifications and estimates, and ensure their integration with the Alameda County bid package.

3. Evaluate bid and coordinate with Alameda County Public Works Department staff.

4. Manage and inspect the project through construction.

5. Keep the City Council informed of progress and developments related to the Project.

5.5 Packet Pg. 27

5.5 Packet Pg. 28
RESOLUTION NO. 2022-146

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT PROJECT

AGREEMENT WITH THE COUNTY OF ALAMEDA FOR THE CROW CANYON ROAD PAVEMENT REPAIR PROJECT (CIP 000009)
WHEREAS, Crow Canyon Road in the City of San Ramon is in need of repair; and WHEREAS, Alameda County is undertaking a project on an adjacent portion of Crow Canyon Road, which includes similar elements; and
WHEREAS, it is mutually beneficial for the County of Alameda and the City of San Ramon to complete their respective projects as a single project; and WHEREAS, staff has determined that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) and has filed a notice of exception with the Contra County Clerk Recorders Office; and WHEREAS, the design and inspection of the portion of the project in San Ramon will be completed by San Ramon’s staff and consultants; and
WHEREAS, the City of San Ramon may withdraw from the project after bidding; and WHEREAS, overall project management and award will be provided by the Alameda County Public Works Department; and
WHEREAS, in order for this Project to be accomplished in this matter, an agreement between the City and the Alameda County is required; and WHEREAS, the agreement will also include provisions to reimburse Alameda County for certain costs associated with administration and bid award of the Project.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the City Manager to enter into a Joint Project Agreement with the County of Alameda for the Crow Canyon Road Pavement Repair Project (CIP 000009).

PASSED, APPROVED AND ADOPTED at the meeting of December 13, 2022 by the following votes:

AYES:

NOES:

ABSENT:

5.5 Packet Pg. 29
ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk

5.5 Packet Pg. 30

CITY COUNCIL STAFF REPORT
DATE: December 13, 2022
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Rod Wui, Senior Engineer
SUBJECT: RESOLUTION NO. 2022-147 - Approving the Final Map and Authorizing the Mayor to Execute a Subdivision Improvement Agreement for Subdivision 9576 for the City Village Development Project (BR6), APN 213- 133-048 (Summerhill Homes)

EXECUTIVE SUMMARY
City Village is a residential development located on Camino Ramon and approved for 404 units in Bishop Ranch 6. The Developer, Summerhill Homes, has complied with the Project’s Conditions of Approval and the Final Map is in substantial conformance with the approved Vesting Tentative Map.

RECOMMENDED ACTION
Staff recommends adoption of this Resolution, approving the Final Map and authorizing the Mayor to execute a Subdivision Improvement Agreement for Subdivision 9576 for City Village, APN 213-133-048 (Summerhill Homes).

BACKGROUND
On January 11, 2021, the Applicant, Summerhill Homes, submitted Specific Plan Amendment, Development Plan, and Major Subdivision applications for the development of a new 404-unit for-sale residential community in Bishop Ranch at BR6. The 31-acre project site is located at 2400-2440 Camino Ramon on the west side of Camino Ramon, between Norris Canyon Road and Executive Parkway. The proposed development includes 114 attached townhomes, 154 detached row houses, and 136 detached courtyard homes. The project also includes a 2-acre neighborhood park. The project is located in the North Camino Ramon Specific Plan (NCRSP) area with a current land use designation of ‘Mixed Use.’ As part of the Specific Plan Amendment, the Applicant requested the land use designation be changed to ‘Residential.’ On February 23, 2021, the City Council and Planning Commission held a joint study session to introduce the project concept and to provide an opportunity for the City Council, Planning Commission, and public to provide early feedback on the proposal. This was followed up with a second study session by the Planning Commission on March 30, 2021.

5.6 Packet Pg. 31
On July 6, 2021, the City Council and Planning Commission held a joint public hearing (the first of three required public hearings for the NCRSP amendment) and the first public hearing on the City Village Project, received public comment, and provided recommendations.

On August 17, 2021, the Planning Commission held their second public hearing on the City Village Project and received public testimony. The third and fourth public hearings by the Planning Commission were held on September 7, 2021 and September 21, 2021, respectively.

On October 5, 2021, the Planning Commission held their fifth public hearing on the City Village Project and adopted Planning Commission Resolution No. 06-21 recommending City Council approval of the North Camino Ramon Specific Amendment.

On October 19, 2021, the Planning Commission held their sixth public hearing on the City Village Project and received public testimony and provided comments and feedback.

On October 20, 2021, the City Council held a public hearing (the second of three required public hearings for the NCRSP amendment), received public comment, and provided feedback.

On October 26, 2021, the City Council held a public hearing (the third of three required public hearings for the NCRSP Amendment) and adopted Resolution No. 2021- 123 approving Ordinance 509 amending the North Camino Ramon Specific Plan.

On November 2, 2021, the Planning Commission held their seventh public hearing on the City Village Project and approved Resolution No. 08-21 approving the Development Plan and Major Subdivision.

DISCUSSION
Subdivision 9576 encompasses an area of approximately 31 acres and is located on the west side of Camino Ramon between Norris Canyon Road and Executive Parkway. The Final Map will be for condominium purposes and will create 404 residential condominium units on 76 lots.

A copy of the Final Map for Subdivision 9576 is provided in Attachment A.

Summerhill Homes has made numerous dedications for various parcels located throughout Subdivision 9576. Parcels A through S will be dedicated to the Homeowners Association subsequent to the filing of the Final Map for private street purposes that include: parking, emergency vehicle access, utilities, ingress, and egress. No acceptance of these parcels is required by the City. Parcel T will be dedicated to the City for park purposes, and will be accepted at a future date upon completion of improvements. Parcel U, and Parcels LLL, MMM, and NNN will be dedicated to the Homeowners Association subsequent to the filing of the Final Map for walkways, storm drain, utilities, and landscape purposes. No acceptance of these parcels is required by the City. Parcels V through Z, Parcels AA through ZZ, and Parcels AAA through KKK will be dedicated to the Homeowners Association subsequent to the filing of the Final Map for private drive aisle purposes that include emergency vehicle access, utilities, ingress, and egress. These parcels are summarized in Table 1.

5.6 Packet Pg. 32
Table 1. Summary of Parcel Dedications in Subdivision 9576 Parcel Dedication Purpose
A thru S Homeowners Association Private Streets
T City of San Ramon Public Park

U, LLL,

MMM, NNN
Homeowners Association Private Walkways and Landscape
V thru Z, AA
thru ZZ
Homeowners Association Private Drive Aisle
The private streets and drive aisles within Subdivision 9576 will be owned and maintained by the Homeowners Association. See Table 2 below for street names.

Table 2. Summary of Street Names in Subdivision 9576
Private Street Name Parcel Private Street Name Parcel
Maryam Way A-D, H-K Jonquil Court OO
Sandhill Terrace Road E - G Raspberry Court PP
Lime Ridge Drive L - N Twilight Terrace QQ
Mulholland Drive O - Q Periwinkle Court RR
Keller Drive R & S Plum Court SS
Aqua Court V Nickel Court TT
Bisque Court W Rojo Terrace UU
Celadon Court X Honeydew Court VV
Denim Court Y Khaki Court WW
Ebony Court Z Lapis Court XX
Fin Court AA Isabelline Court YY
Gamboge Court BB Sinopia Terrace ZZ
Quicksilver Court CC Melon Court AAA
Sepia Court DD Linen Court BBB
Terracotta Court EE Lava Court CCC
Ultramarine Court FF Iceberg Court DDD
Viridian Court GG Carmine Court EEE
Wheat Court HH Cinnabar Court EEE
Xanthos Court II Azure Court FFF
Yellow Court JJ Amethyst Court GGG
Pastel Court KK Ivory Terrace HHH
Onyx Court LL Mauve Terrace III
Naples Court MM Seashell Court JJJ
Magenta Court NN Sunglow Terrace KKK

5.6 Packet Pg. 33
Summerhill Homes has also made numerous dedications for various easements located throughout Subdivision 9576. These easements have been dedicated to the City, or its designee, for purposes that include: access, utilities, sight visibility, ingress, and egress. Acceptance of these easements is required by the City to allow the City, or its designee, such as public utility providers or other public agencies, the San Ramon Valley Fire Protection District for example, access for safety and maintenance purposes in the future. A summary of these easements is shown in Table 3.

Table 3. Summary of Easement Dedications in Subdivision 9576 Land Description Dedication Purpose
Public Utility City or its designee Underground electric, gas, cable television, telephone, including construction, access for
maintenance of works, improvements and
structures for same whether covered or open,
and for the clearing of obstructions and
vegetation
Public Access City or its designee Public use for pedestrian and vehicular access, ingress, and egress
Emergency Vehicle
Access
City or its designee Public use for emergency vehicular access, ingress, and egress
Typical locations for these easements include: over private streets, drive aisles, and landscape parcels where utilities will be constructed; and on the residential lots for additional pedestrian access and emergency vehicle access. No actual improvements or land title is being accepted by the City through the acceptance of these easements.

The Final Map also includes sanitary sewer easements dedicated to Central Contra Costa Sanitary District (CCCSD) for sanitary sewer purposes, and perpetual easements dedicated to East Bay Municipal Utility District (EBMUD) for water utility purposes. No action by the City is required for these easements.

Lastly, the Final Map includes vacation of existing unused drainage and storm drain easements located within the property boundary. These easements were dedicated to Contra Costa County or its designee prior to the City incorporating in 1983. Filing of the Final Map shall constitute abandonment by the City of these easements in accordance with Section 66434(g) of the Subdivision Map Act.

Pursuant to the City’s Subdivision Ordinance, a Final Map or Phased Final Map may be filed on an approved Vesting Tentative Map. The approval by City Council of such a Map is deemed to be a ministerial act. All of the Conditions of Approval for the Development pertaining to the Final Map have been reviewed by various departments and agencies to ensure they have been met or provided for in a Subdivision Improvement Agreement, and the Final Map is in substantial conformance with the approved Vesting Tentative Map. With all of the above conditions being met, staff recommends approval of this Map.

5.6 Packet Pg. 34
Subdivision Improvement Agreement
Concurrent with the Final Map approval is the requirement to execute a Subdivision Improvement Agreement to ensure completion of the improvements, since they have not been completed prior to Final Map approval. As stated in the City’s Subdivision Ordinance (Municipal Code Section C5-161.B), “if the required improvements are not completed prior to approval of the Final Map, a Subdivision Improvement Agreement is required.” The Subdivision Improvement Agreement also reiterates that the obligations and conditions of Subdivision 9576 will remain in effect. This Agreement outlines the required improvements per the Project’s Conditions of Approval (COA) related to the development of Subdivision 9576. Bonds have been secured by the City as related to the filing of the Final Map.

FISCAL ANALYSIS
Fees in the amount of $60,000 were collected from the developer to review and process this Final Map. Bonds associated with the construction of the City Village Improvement Plans and associated improvements have been received by the City and as required and detailed in the Subdivision Improvement Agreement.

STEPS FOLLOWING APPROVAL

1. The Final Map for Subdivision 9576 will be signed by the City and then recorded by the Title Company.

2. The Subdivision Improvement Agreement will be executed and recorded concurrently with the Final Map.

ATTACHMENT
A: Final Map

5.6 Packet Pg. 35
RESOLUTION NO. 2022-147

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

APPROVING THE FINAL MAP AND AUTHORIZING THE MAYOR TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT FOR SUBDIVISION 9576 FOR THE CITY VILLAGE DEVELOPMENT PROJECT (BR6), APN 213-133-048 (SUMMERHILL HOMES)
WHEREAS, the Developer (Summerhill Homes) has submitted a Final Map for Subdivision 9576 (City Village), for condominium purposes, for the creation of 404 condominium units; and
WHEREAS, on November 2, 2021, the Planning Commission approved Resolution No. 08-21 approving the Development Plan and Major Subdivision; and WHEREAS, public dedications to the City, or its designee, on the Final Map for Subdivision 9576 include Parcel T for park purposes, easements for utility, access, and emergency vehicle access; and
WHEREAS, the Final Map for Subdivision 9576 has been reviewed and approved by the City Engineer as being in compliance with the City of San Ramon’s subdivision requirements; and
WHEREAS, the Developer submitted the necessary bonds and has agreed to enter into a Subdivision Improvement Agreement to perform, complete, and guarantee the installation of improvements as required by the Conditions of Approval applicable to this Final Map.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Ramon hereby approves the Final Map for Subdivision 9576.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Ramon hereby:

1. Accepts Parcel T subject to acceptance of improvements.

2. Accepts the following easements as dedicated on the Final Map for Subdivision 9576:
a. Public Utility Easements
b. Public Access Easements
c. Emergency Vehicle Access Easements

3. Vacates the easement for drainage purposes as described as Parcel 1B-2 in the grant deed recorded January 20, 1976 in Book 7752, page 447 of Official Records.

4. Vacates the storm drain easement on Lot 36 and Lot 38, as shown on Subdivision

5.6 Packet Pg. 36
8967 filed on June 23, 1981, in Map Book 253, page 49, Contra Costa County Records.

5. Authorizes the following:
a. The City Engineer, Acting City Surveyor, Community Development Director, and City Clerk to execute their statements upon said Final Map. b. That, upon execution of the Subdivision Improvement Agreement by Summerhill Homes, the Mayor, and City Clerk to sign said Agreement.

PASSED, APPROVED, AND ADOPTED at the meeting of December 13, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk

5.6 Packet Pg. 37
JOB NO. 3236-10 SHEET OF 16 SUBDIVISION 9576 CITY VILLAGE FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 OWNER'S STATEMENT OWNER'S STATEMENT (CONTINUED) OWNER'S ACKNOWLEDGMENT RECORDER'S STATEMENT OWNER'S ACKNOWLEDGMENT 1 5.6.a Packet Pg. 38
Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 2 SURVEYOR'S STATEMENT CITY ENGINEER'S STATEMENT CITY CLERK'S STATEMENT PLANNING COMMISSION STATEMENT GEOTECHNICAL SOILS REPORT JOB NO. 3236-10 SHEET OF 16 SUBDIVISION 9576 CITY VILLAGE FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 OMITTED SIGNATURES CITY SURVEYOR'S STATEMENT TRUSTEE ACKNOWLEDGMENT TRUSTEE STATEMENT CLERK OF THE BOARD OF SUPERVISORS' STATEMENT 5.6.a Packet Pg. 39
Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes)

CAMINO RAMON

NORRIS CANYON ROAD
EXECUTIVE PARKWAY 100' GRAPHIC SCALE 100' 0' 50' 100' 200' 400' PRELIMINARY SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 BOUNDARY & EXISTING EASEMENTS BASIS OF BEARINGS: REFERENCES: NOTES: ABANDONMENT NOTE: 3 5.6.a Packet Pg. 40
Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes)

CAMINO RAMON

NORRIS CANYON ROAD
EXECUTIVE PARKWAY SHEET #13 SHEET #5 SHEET #6 SHEET #7 SHEET #8 SHEET #10 SHEET #9 SHEET #12 SHEET #11 SHEET #14 SHEET #15 SHEET #16

PARCEL V

PARCEL W

PARCEL X

PARCEL Y

PARCEL Z PARCEL BB PARCEL G PARCEL CC PARCEL DD PARCEL PP PARCEL EE

PARCEL FF

PARCEL GG

PARCEL HH

PARCEL II

PARCEL OO

PARCEL NN

PARCEL MM

PARCEL LL

PARCEL KK PARCEL JJ PARCEL WW

PARCEL YY

PARCEL XX PARCEL VV PARCEL P

PARCEL QQ

PARCEL O

PARCEL Q

PARCEL UU

PARCEL TT

PARCEL SS

PARCEL RR PARCEL A PARCEL B PARCEL C PARCEL D PARCEL F PARCEL E PARCEL H PARCEL I PARCEL J PARCEL K

PARCEL ZZ

PARCEL DDD

PARCEL CCC

PARCEL BBB

PARCEL AAA

PARCEL HHH PARCEL III PARCEL LLL PARCEL M PARCEL FFF PARCEL GGG

PARCEL L

PARCEL KKK

PARCEL N

PARCEL UPARCEL NNN PARCEL MMM PARCEL T PARCEL S

PARCEL R
PARCEL JJJ 1 2 3 4 5 6 78 9 10 11 12 13 14 15 16 17 22 21 20 19 18 2324 26 25 28 29 30 31 32 37 36 35 34 33 40 39 41 43 42 44 46 45 47 4950 52 51 54 53 55 56 57 59 58 6061 62636465 67 68 69 70 71 72 73 74 75 76 48 66 38 27

PARCEL AA
PARCEL EEE 100' GRAPHIC SCALE 100' 0' 50' 100' 200' 400' PRELIMINARY SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 REFERENCES: NOTES: BASIS OF BEARINGS: 4 5.6.a Packet Pg. 41
Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 68 69 70 71 72 67 PARCEL DDD PARCEL CCC PARCEL LLL PARCEL M CAMINO RAMON

NORRIS CANYON ROAD LIME RIDGE DRIVE PARCEL EEE CARMINE COURT

CINNABAR COURT

ICEBERG COURT
LAVA COURT 69 PARCEL M PRELIMINARY SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 12 LEGEND REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: DETAIL A 5 SEE SHEET 12 SEE SHEET 6 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 73 PARCEL BBB 74 75 76 PARCEL AAA PARCEL LLL 43 PARCEL M PARCEL ZZ CAMINO RAMON PARCEL E LIME RIDGE DRIVE 44
SANDHILL TRACE ROAD 48
SINOPIA TERRACE 47

LINEN COURT
MELON COURT SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 7 LEGEND PRELIMINARY REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: 6 DETAIL A SEE SHEET 11 SEE SHEET 11 SEE SHEET 5 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 42 37 36 35 34 PARCEL UU PARCEL P PARCEL SS PARCEL TT PARCEL MMM CAMINO RAMON MULHOLLAND DRIVE SANDHILL TRACE ROAD 33 41 38

ROJO TERRACE

NICKEL COURT
PLUM COURT SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 LEGEND PRELIMINARY REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: 7 SEE SHEET 10 SEE SHEET 10 SEE SHEET 8
SEE SHEET 6 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 26 25 PARCEL RR PARCEL P PARCEL MMM PARCEL T

EXECUTIVE PARKWAY CAMINO RAMON MULHOLLAND DRIVE PARCEL QQ

TWILIGHT TERRACE
PERIWINKLE COURT PARCEL QQ PARCEL P 26 PARCEL RR PARCEL T 24 25 26 SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 9 LEGEND PRELIMINARY REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: DETAIL A DETAIL B 8 SEE SHEET 7 DETAIL C 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 28 2423 PARCEL Q PARCEL T

EXECUTIVE PARKWAY
MULHOLLAND DRIVE PARCEL QQ MARYAM WAY 27
TWILIGHT TERRACE SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 8 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' LEGEND BASIS OF BEARINGS: PRELIMINARY REFERENCES: NOTES:
9 SEE SHEET 16
SEE SHEET 10 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 40 39 31 32 29 PARCEL UU

PARCEL O PARCEL VV PARCEL WW PARCEL YY PARCEL XX

MULHOLLAND DRIVE

SANDHILL TRACE ROAD MULHOLLAND DRIVE
MULHOLLAND DRIVE MARYAM WAY 30

LAPIS COURT

ROJO TERRACE
ISABELLINE COURT HONEYDEW COURT KHAKI COURT SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 7 SEE SHEET 9 LEGEND PRELIMINARY REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: 10 SEE SHEET 11 SEE SHEET 15 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 4445 4746 4950 51 57 52 58 PARCEL III PARCEL KKK

PARCEL N PARCEL ZZ PARCEL F

LIME RIDGE DRIVE LIME RIDGE DRIVE MARYAM WAY MARYAM WAY MAUVE TERRACE

SINOPIA TERRACE

SANDHILL TRACE ROAD

SUNGLOW TERRACE
SEASHELL TERRACE 51 SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 12 LEGEND PRELIMINARY REFERENCES: NOTES: DETAIL A 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: 11 SEE SHEET 10 SEE SHEET 6 SEE SHEET 14 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 53 55 56 54 59 6061 62636465 PARCEL FFF PARCEL GGG

PARCEL L PARCEL HHH PARCEL JJJ PARCEL III

NORRIS CANYON ROAD PARCEL LLL
LIME RIDGE DRIVE LIME RIDGE DRIVE MARYAM WAY 66 MAUVE TERRACE

SEASHELL TERRACE
IVORY TERRACE AMETHYST COURT AZURE COURT CARMINE COURT SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 13 LEGEND PRELIMINARY REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: 12 SEE SHEET 5 SEE SHEET 11 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 1 2 3 4 PARCEL Y PARCEL W PARCEL X PARCEL V PARCEL U

NORRIS CANYON ROAD MARYAM WAY PARCEL A PARCEL B

AQUA COURT

BISQUE COURT

CELADON COURT
DENIM COURT SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 12 LEGEND PRELIMINARY REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: 13 SEE SHEET 14 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 5 6 78 PARCEL BB

PARCEL G PARCEL Z MARYAM WAY
SANDHILL TRACE ROADPARCEL C PARCEL D PARCEL F 4 PARCEL AA

EBONY COURT

FIN COURT GAMBOGE COURT

SANDHILL
TRACE ROADSUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 13 LEGEND PRELIMINARY REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: 14 SEE SHEET 15 SEE SHEET 11 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 10 9 11 12 1322 14 21 PARCEL CCPARCEL DD

PARCEL R PARCEL PP PARCEL EE PARCEL FF PARCEL OO PARCEL NN PARCEL GG PARCEL S MARYAM WAY KELLER DRIVE

KELLER DRIVE PARCEL H PARCEL J PARCEL I

SANDHILL TRACE ROAD

MAGENTA COURT
JONQUIL COURT RASPBERRY COURT SEPIA COURT TERRACOTTA COURT QUICKSILVER COURT ULTRAMARINE COURT VIRIDIAN COURT SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 SEE SHEET 16 LEGEND PRELIMINARY REFERENCES: NOTES: 30' GRAPHIC SCALE 30' 0' 15' 30' 60' 120' BASIS OF BEARINGS: 15 SEE SHEET 14 SEE SHEET 10 5.6.a
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Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes) 15 20 16 19 18 17 PARCEL HH PARCEL MMPARCEL II PARCEL LL PARCEL KK PARCEL NNN PARCEL JJ PARCEL S

EXECUTIVE PARKWAY MARYAM WAY KELLER DRIVE PARCEL K

ONYX COURT

PASTEL COURT

WHEAT COURT

XANTHOS COURT

YELLOW COURT
NAPLES COURT30' SUBDIVISION 9576 CITY VILLAGE SCALE: 1" = FOR CONDOMINIUM PURPOSES FOR THE CREATION OF 404 CONDOMINIUM UNITS CONSISTING OF 16 SHEETS BEING A SUBDIVISION OF LOTS 36, 37, 38 AND 39 AS SHOWN ON SUBDIVISION 5967, FILED JUNE 23, 1981, IN BOOK 253 OF MAPS AT PAGE 49, RECORDS OF CONTRA COSTA COUNTY CITY OF SAN RAMON, CONTRA COSTA COUNTY, CALIFORNIA. NOVEMBER 2022 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM ROSEVILLE (925) 866-0322 (916)788-4456 JOB NO. 3236-10 SHEET OF 16 LEGEND BASIS OF BEARINGS:

SEE SHEET 15 GRAPHIC SCALE 30' 0' 15' 30' 60' 120' PRELIMINARY REFERENCES: NOTES: 16 SEE SHEET 9 5.6.a Packet Pg. 53
Attachment: A: Final Map (2022-147 : Subdivision Improvement Agreement for SD 9576 - Summerhill Homes)

CITY COUNCIL STAFF REPORT
DATE: December 13, 2022
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Robin Bartlett, Division Manager/District Engineer
SUBJECT: RESOLUTION NO. 2022-148 - Approving the Reappropriation of $175,000 from the FY 2022/23 Public Works Department Engineering Services Division Operating Budget to the Crow Canyon Road / Iron Horse Trail Bicycle and Pedestrian Overcrossing Project (CIP 905531) to Begin Initial Steps Prior to Project Design to Ensure Compliance with Federal and State Requirements

EXECUTIVE SUMMARY
The City of San Ramon has long contemplated and planned for a bicycle and pedestrian overcrossing along the Iron Horse Trail over Crow Canyon Road. The City of San Ramon has received a Community Project Funding/Congressionally Directed Spending (CPFCDS) allocation for the design of the Crow Canyon Road / Iron Horse Trail in the amount of $2M.

Prior to starting design and receiving these funds, various steps must be undertaken to ensure compliance with Federal and State requirements. Some of these steps will benefit from the use of consultants to facilitate their completion. At this time no City funds have been allocated to the Project. This allocation will be offset by funds that have been saved due to staff vacancies and make them available for this work.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, reappropriating $175,000 from the FY 2022/23 Public Works Department Engineering Services Division Operating Budget to the Crow Canyon Road / Iron Horse Trail Bicycle and Pedestrian Overcrossing Project (CIP 905531) to begin initial steps prior to Project design to ensure compliance with Federal and State requirements. .

BACKGROUND
The City of San Ramon has long contemplated and planned for a bicycle and pedestrian overcrossing along the Iron Horse Trail over Crow Canyon Road. The Crow Canyon Road and Bollinger Canyon Road Overcrossing Projects arose from the desire to enhance safety for pedestrians and bicyclists using the Iron Horse Trail, improve traffic flow, facilitate alternative transportation, and enhance recreation. The Iron Horse Trail is a Route of Regional Significance that serves as a pedestrian corridor through the center of the San Ramon Valley. It extends from

5.7 Packet Pg. 54
Dublin in the south to Martinez in the north and serves both local and regional users. The Trail currently serves a number of important destinations in San Ramon including three schools, City Hall, library, Central Park, Bishop Ranch Business Park, San Ramon Transit Center, City Center Bishop Ranch, and the Market Place Shopping Center. This Trail will also connect with the City Center Bishop Ranch Walking District. The Association of Bay Area Governments has designated the City Center Bishop Ranch area as a Priority Development Area (PDA). The overcrossing will help meet the PDA’s goal to “foster a regional growth pattern that creates complete communities with ready, close and safe access to employment, shopping, amenities and services, and where transit is in place, well-coordinated and available.” The overcrossing is included in the San Ramon Valley Iron Horse Trail Bicycle Pedestrian Corridor Concept Plan.

An Initial Study Mitigated Negative Declaration (ISMND) was completed in 2018 that covered both the Bollinger Canyon Road and Crow Canyon Road overcrossings. This document was updated in 2019 to encompass minor modifications to the Project and incorporated new information. These documents have been approved by the City Council and a Notice of Determination was filed with the Contra Costa County Clerk Recorder.

DISCUSSION
The City of San Ramon has received an allocation for design of the Project in the amount of $2M from the Community Project Funding/Congressionally Directed Spending (CPFCDS) Program also known as a Federal Earmark. Prior to starting design and receiving these funds, various steps must be undertaken to ensure compliance with Federal and State requirements. Some of these steps will benefit from the use of consultants to facilitate their completion. These include:
1) reviewing the completed Mitigated Negative Declaration that was completed for the Project in compliance with the California Environmental Quality Act and further updating, if necessary; 2) reviewing various bridge design options and presenting them to the City Council for selection; 3) assuring access to the required right-of-way from Contra Costa County; 4) preparing an application for release of the funds and completing the E-76 process through the Caltrans Local Assistance Program; and 5) preparing a Request for Qualifications for design services that meets all requirements for use of Federal Funds.

FISCAL ANALYSIS
The FY 2022/23 Capital Budget allocated $2M to this Project funded by Federal Earmark and does not allocate any other funds to this Project. The proposed allocation will reallocate $175,000 from the FY 2022/23 Public Works Department Engineering Services Division operating budget to the Project. This reallocation of funding is possible due to savings to the operating budget that have been realized by the Engineering Services Division due to vacancies in authorized positions. The vacancies consist of one Associate Engineer and one Senior Engineer. The Associate Engineer position has been vacant the entire fiscal year to date due to difficulty in recruiting. The Senior Engineer position has been vacant since October. The positions are expected to be filled in January 2023. Due to these savings, there is no fiscal impact to this funding reallocation request.

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STEPS FOLLOWING APPROVAL
Following the approval of this Resolution, staff will undertake the following:

1. Review the completed Mitigated Negative Declaration that was completed for the Project in compliance with the California Environmental Quality Act and update, if necessary;

2. Begin discussions with Contra Costa County with regard to use of the right-of-way and obtain the required agreements;

3. Procure the services of a consultant or consultant(s) to review the Project, Federal earmark procurement requirements and procedures, and bridge design options;

4. Review bridge design options and conduct a City Council workshop for analysis of the bridge design concepts;

5. Submit Project application and E-76 documentation to Caltrans to obtain release of the Federal funding; and

6. Prepare a Request for Qualifications for design services for the Project in compliance with Federal and State requirements.

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RESOLUTION NO. 2022-148

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON APPROVING THE REAPPROPRIATION OF $175,000 FROM THE FY 2022/23 PUBLIC

WORKS DEPARTMENT ENGINEERING SERVICES DIVISION OPERATING

BUDGET TO THE CROW CANYON ROAD / IRON HORSE TRAIL BICYCLE AND PEDESTRIAN OVERCROSSING PROJECT (CIP 905531) TO BEGIN INITIAL STEPS

PRIOR TO PROJECT DESIGN TO ENSURE COMPLIANCE WITH FEDERAL AND

STATE REQUIREMENTS
WHEREAS, the City desires to construct the Crow Canyon Road / Iron Horse Trail Bicycle and Pedestrian Overcrossing Project (CIP 905531); and WHEREAS, the City has received a Federal Community Project Funding/Congressionally Directed Spending (CPFCDS) allocation for the Project in the amount of $2M; and
WHEREAS, prior to starting design and receiving these funds, various steps must be undertaken to ensure compliance with Federal and State requirements; and WHEREAS, consultant and other services will be required to complete these steps prior to release of the Federal Funds.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon approves the reappropriation of $175,000 from the FY 2022/23 Public Works Department Engineering Services Division Operating Budget to the Crow Canyon Road / Iron Horse Trail Bicycle and Pedestrian Overcrossing Project (CIP 905531) to begin initial steps prior to Project design to ensure compliance with Federal and State requirements.

PASSED, APPROVED AND ADOPTED at the meeting of December 13, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:

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_________________________
Christina Franco, City Clerk

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CITY COUNCIL STAFF REPORT
DATE: December 13, 2022
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: RESOLUTION NO. 2022-149 - Accepting the Certificate of the County Clerk as to the Result of the Canvass of the City of San Ramon November 8, 2022 Consolidated Election

RECOMMENDED ACTION
Staff recommends that the City Council adopt this Resolution accepting the Certificate of the County Clerk to Result of the Canvass for the City of San Ramon’s November 8, 2022 Consolidated Election.

BACKGROUND/DISCUSSION
In compliance with Election Code §15372, the County Clerk prepared a certified statement of the results of the Consolidated Election held on November 8, 2022 for Mayor and City Councilmembers District 2 and 4 in the City of San Ramon. This Resolution accepts the County Clerk’s Certificate of the Canvass and summary of results.

FISCAL ANALYSIS
None.

STEPS FOLLOWING APPROVAL
Upon adoption of this Resolution, the City Clerk will administer the Oath of Office to the newly elected Mayor and City Councilmembers District 2 and 4.

ATTACHMENT
A: Certificate of Results
B: Summary of Results

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RESOLUTION NO. 2022-149

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

ACCEPTING THE CERTIFICATE OF THE COUNTY CLERK AS TO THE RESULT OF THE CANVASS OF THE CITY OF SAN RAMON NOVEMBER 8, 2022

CONSOLIDATED ELECTION
WHEREAS, a Consolidated Election was held on November 8, 2022 in the City of San Ramon; and
WHEREAS, the nominees for public office for the November 8, 2022 Consolidated Election included the Mayor, one (1) City Councilmember District 2, and one (1) City Councilmember District 4; and
WHEREAS, in compliance with Election Code §15372, the County Clerk canvassed the returns of the vote cast in the City of San Ramon at the Consolidated Election held on November 8, 2022 for the Mayor, one (1) City Councilmember District 2, and one (1) City Councilmember District 4 and certified the statement of the vote cast including the whole number of votes cast in the City of San Ramon and each respective precinct therein and the total vote for each candidate.

NOW, THEREFORE, IT IS RESOLVED, that the City Council of the City of San Ramon does hereby accept the attached Certificate of the County Clerk as to the Result of the Canvass for the City of San Ramon November 8, 2022 Consolidated Election.

PASSED, APPROVED AND ADOPTED at the meeting of December 13, 2022 by the following votes:

AYES:

NOES:

ABSENT:

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

5.8 Packet Pg. 60

5.8.a
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Attachment: A: Certificate of Results (2022-149 : Election Certification)

5.8.b
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Attachment: B: Summary of Results (2022-149 : Election Certification)

CITY COUNCIL STAFF REPORT
DATE: December 13, 2022
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Sandy Martin, Program Manager
SUBJECT: RESOLUTION NO. 2022-150 - Authorizing the Mayor to Execute an Agreement with Integra Construction Services, Inc. to Provide Construction Services for the Dougherty Station Community Center Renovation Project (CIP 200004), in an Amount Not to Exceed $2,063,600, Funded by the 2019 Certificate of Participation (COP) Debt Financing

EXECUTIVE SUMMARY
On September 13, 2022, the City received and opened four bids for construction services related to the Dougherty Station Community Center Renovation Project (CIP 200004). On September 19, 2022, staff received a bid protest. The remaining two bids were well in excess of the Engineer’s Estimate for the project. After reviewing the proposals, and consulting with the City Attorney, staff determined that the best option was to reject all bids, make any necessary adjustments to the bid documents and rebid the project. The City Council rejected the bids at their September 27, 2022 meeting. Staff reissued the Request for Qualifications and Bid Pricing (RFQ) for CIP 200004 on Tuesday, October 13, 2022. The City received and opened five bids on November 8, 2022. The lowest responsible bidder is Integra Construction Services, Inc. with a bid of $1,876,000. Two protests were received, which were reviewed by the City Attorney and determined to be unwarranted. In addition, the City received an email from a non-profit Labor Management Committee, Contra Costa Compliance, with concerns regarding the apparent low bidder. The email was reviewed by the City Attorney and determined to have no substantive merit. With a 10% construction contingency added to the base bid, the total DSCC project construction cost is $2,063,600.

RECOMMENDED ACTION
Staff recommends approval of this resolution authorizing the Mayor to execute an agreement with Integra Construction Services, Inc. to provide construction services for the Dougherty Station Community Center Renovation Project (CIP No. 200004), in an amount not to exceed $2,063,600, funded by the 2019 Certificate of Participation (COP) Debt Financing.

BACKGROUND/DISCUSSION
The Five-Year Capital Improvement Program 2019-2024 identified facility renovation projects that included the renovation of the Dougherty Station Community Center (DSCC). While DSCC

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is not the oldest City facility, it has served the City for seventeen (17) years. Based upon life expectancy of certain amenities, several items were identified in the Facilities Maintenance and Renovation Plan (FMRP) for renovation and/or replacement. At DSCC, items include: flooring replacement, interior painting, lighting upgrades, automatic front doors, first floor restroom renovation, domestic water heater replacement, icemaker replacement, and drinking fountain replacement.

Staff reached out to the City’s on-call consultant, Roebbelen Contracting, Inc. (Roebbelen), to review the renovation items needed for on-going maintenance purposes and requested an initial cost estimate. In line with the other facilities renovations, funding for DSCC was included in the 2019 Certificate of Participation (COP) Debt Financing in the amount of $2,500,000. A portion of that total was to be used for the renovation of the gravel overflow parking lot, but that lot is no longer necessary with the construction of the adjacent Senior Living facility - Deer Creek Apartments.

Dougherty Station Community Center
Roebbelen submitted an initial cost estimate for those items listed in the FMRP in the amount of $1,282,293 for DSCC. Public Works staff determined that there was adequate funding in the project to complete the maintenance items identified by the FMRP. With the maintenance needs of the facilities met, Public Works staff met with Parks & Community Services Department to discuss any renovation items that would enhance programming opportunities and revenues. Parks and Community Services staff referenced the Parks Master Plan.

Referencing Section 4.3 Renew Existing Facilities to Increase Use, Address Trends, and Diversify Amenities of the Parks Master Plan (Master Plan), DSCC should be considered for a “renovation to make it more functional and provide more active use space.” In addition, the Master Plan indicated that there is potential to repurpose some of the facility and rebrand the center to “highlight its role in arts and culture.” The Plan noted the number of Community Centers currently being operated by the City of San Ramon and suggested several modifications for DSCC. The most notable modification was the renovation of the facility into an Arts Center.

Public Works and Parks & Community Services staff worked with Roebbelen to identify some additional renovation work that would provide more active use space and create a facility that provided more opportunities for art programs. Roebbelen created a revised estimate based on staff’s input. Staff feels that the updated list of renovation work preserves the facility, improves its functionality, meets a goal of the Master Plan, and provides opportunity for increased revenues.

DSCC Renovations Project Bidding Results
On July 22, 2022, the City received and opened two bids for construction services related to the Dougherty Station Community Center Renovation Project (CIP 200004). Both bids were well in excess of the Engineer’s Estimate of $2,150,000 for the Project. On August 9, 2022, Council approved Resolution No. 2022-116 rejecting all bids received to provide construction services

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for the Dougherty Station Community Center and Library Renovations Project (CIP 200004), and authorizing the City Clerk to return bid bonds accompanying the proposals to the bidders.

With the rejection of the bids, staff and Roebbelen revised the Project scope to obtain better bids to be within the available funds:
 Removed the Dougherty Station Library Renovation to bid separately in the future  Added more working days
 Reduced the amount for liquidated damages
A revised Request for Bid Proposals was issued on August 17, 2022. On September 14, 2022, the City received and opened four bids, and on September 15, 2022, staff reviewed the bids and found Calstate to be the lowest bidder. On September 15, 2022, the City received a bid protest from Integra against the lowest two bid proposals, Calstate and S&H Construction, Inc. (S&H) indicating that the bids submitted by Calstate and S&H were nonresponsive. The remaining two bids were well in excess of the Engineer’s Estimate for the project. After reviewing the proposals, and consulting with the City Attorney, staff determined that the best option was to reject all the bids, make any necessary adjustments to the bid documents and rebid the project.

With the bid rejection, staff and Roebbelen revised the Project scope to obtain better bids to be within the available funds:
 Add deductive alternative for the domestic hot water heater and plywood to reinforce the storage room walls.
 Add deductive alternative for one of the sliding entry storefronts.  Add deductive alternative for the two gender-neutral restrooms on the second floor.

Revised Request for Bid Proposals
The revised Request for Bid Proposals was issued on October 13, 2022. The Notice was posted on the City website, as well as a notification sent to the City’s RFP page subscriber list. A mandatory Bidder’s Conference and Job Walk was held on October 20, 2022, to answer any pertinent questions and tour the facilities. The Bidder’s Conference and Job Walk was conducted in adherence with COVID-19 safety protocols. Fourteen contractors attended the mandatory Bidders’ Conference and Job Walk.

On Tuesday, November 8, 2022, the City received and opened five bids. The bidder’s names and bid amounts are as follows:

Contractor Total Base Bid
Integra Construction Services, Inc. $1,876,000
ELLA $1,898,000
S&H Construction $1,898,600
W.A. Thomas $2,162,000
Zoleman Construction, Inc. $2,734,000

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After opening the proposals, Integra was the apparent low bidder. Before the close of business on November 8, 2022, the City received a bid protest from American Glass, a subcontractor, indicating that Integra Construction Services, Inc. did not list a glazing sub-contractor. Upon review, Integra did list a glazing contractor for the work to be performed. A copy of the City’s On November 9, 2022, the City received a bid protest from ELLA indicating that Integra failed to complete the Subcontractors List per the contract documents. According to ELLA, Integra failed to adequately list all of the appropriate subcontractors, and if Integra was going to selfperform the work for which no subcontractor was listed, they did not have the appropriate licensing. ELLA also questioned the validity of Integra’s bond surety. The City Attorney reviewed the bid protests and determined that the bid protest from American Glass was not valid since they are a subcontractor; and that the bid protest from ELLA was without merit based on Public Works Contract Code Section 4106. The City’s response letters to the American Glass and ELLA bid protests are included as Attachments A and B, respectively.

On November 21, 2022, the City received an email from Contra Costa Compliance, a non-profit Labor Management committee sponsored by IBEW Local 302 and the National Electrical Contractors Association. This is not considered a bid protest as bid protests are limited by the bid documents, which state that only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest. The email sent to the City addressed two concerns regarding the award of contract. The first concern relates to whether or not the project is considered a design/build and therefore falls under the “Skilled & Trained Workforce (STWF)” requirements governed by PCC 2600-2603. The DSCC project is not considered a design/build, but a design-bid-build project.

As a result, the Code sections referenced in the email are not applicable. While a portion of the project is design/build (Mechanical, Electrical and Plumbing) it does not change the overall definition of the project as a design-bid-build. The second concern relates to requirements of the Department of Industrial Relations (DIR) and whether the low bidder was in compliance. Staff reached out to the DIR and Integra is currently in compliance with the DIR.

In consultation with the City Attorney, staff determined that the lowest responsible bidder is Integra Construction Services, Inc.

FISCAL ANALYSIS
The current FY 2022/23 Capital Budget includes funding for DSCC in the amount of $2,500,000 from the Infrastructure Maintenance Fund and the 2019 Certificate of Participation (COP) Debt Financing. Integra Construction Services, Inc. submitted a bid of $1,876,000. With a 10% construction contingency of $187,600 added to the base bid, the total DSCC project construction cost is $2,063,600. The table below shows the costs associated with the DSCC Renovation Project.

DSCC - Project Budget
$2,500,000
Budget/ Estimates Actual Bid Pricing Difference
Construction Costs $ 2,100,000.00 $ 1,876,000.00 $ 224,000.00 Construction Contingency 10% $ 210,000.00 $ 187,600.00 $ 22,400.00 Roebbelen $ 239,831.00 $ 211,775.00 $ 28,056.00

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Moving and Storage $ 92,841.00 $ 90,600.00 $ 2,241.00
Total $ 2,642,672.00 $ 2,365,975.00 $ 276,697.00
There is enough funding in CIP 200004 to cover the costs associated with construction.

NEXT STEPS

1. The City Attorney’s Office will forward the contract Agreement to Integra Construction Services, Inc. for execution.

2. Upon receipt of the executed contract Agreement, the required bonds, certificate of insurance, and a copy of a current City business license from the contractor, the City Attorney’s Office will send a copy of the executed contract Agreement and all attachments to the Public Works - Public Services Division.

3. A Notice to Proceed will then be issued to begin construction, and staff will pursue the work to completion.

ATTACHMENTS
A: City’s Response Letter to American Glass Bid Protest B: City’s Response Letter to ELLA Bid Protest

ATTACHMENT
A: City Response to Ella Protest
B: City Response to American Glass Protest

5.9 Packet Pg. 67
RESOLUTION NO. 2022-150

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH INTEGRA CONSTRUCTION SERVICES, INC. TO PROVIDE CONSTRUCTION SERVICES FOR

THE DOUGHERTY STATION COMMUNITY CENTER RENOVATION PROJECT (CIP 200004), IN AN AMOUNT NOT TO EXCEED $2,063,600, FUNDED BY THE 2019

CERTIFICATE OF PARTICIPATION (COP) DEBT FINANCING
WHEREAS, the City has identified several building renovation projects for the Dougherty Station Community Center (CIP 200004); and
WHEREAS, a Request for Bid Proposals was issued on June 27, 2022; and WHEREAS, two bids were received and opened on July 22, 2022; and WHEREAS, the apparent low bidder was deemed non-responsive, and the City received a bid protest from the remaining bidder; and
WHEREAS, both bid proposals exceeded the Engineer’s Estimate for the project; and WHEREAS, on August 9, 2022, the City Council approved Resolution 2022-116, rejecting all bids received to provide construction services for the Dougherty Station Community Center and Library Renovations Project (CIP 200004), and authorizing the City Clerk to return bid bonds accompanying the proposals to the bidders; and
WHEREAS, staff reissued the Request for Bid Proposals for the Dougherty Station Community Center Renovation (CIP 200004) on August 17, 2022; and WHEREAS, the City of San Ramon received and opened four bids on September 13, 2022; and
WHEREAS, the City received a bid protest from one bidder, and the remaining two bids were well in excess of the Engineer’s Estimate for the Project; and WHEREAS, on September 27, 2022, the City Council approved Resolution 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; and
WHEREAS, staff reissued the revised Request for Bid Proposals for the Dougherty Station Community Center Renovation (CIP 200004) on October 13, 2022; and WHEREAS, fourteen contractors attended the mandatory pre-bid walk held on October 13, 2022; and
WHEREAS, the City of San Ramon received and opened five bids on November 8, 2022; and

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WHEREAS, the City received two bid protests against the apparent low bidder; and WHEREAS, one bid protest was from a subcontractor, American Glass, which did not have standing to file a bid protest; therefore, the American Glass bid protest was determined to not be valid; and
WHEREAS, the City Attorney reviewed the second bid protest from the apparent second low bidder, ELLA, and determined that it was without merit based upon Public Works Contract Code Section 4106 and staff’s finding that the apparent low bidder is in good standing with the Department of Industrial Relations; and
WHEREAS, the City received an email from a non-profit labor management committee questioning both the type of project and the apparent low bidders ability to meet Department of Industrial Relations requirements; and
WHEREAS, the labor management committee was not a bidder on the project and has no standing to protest the bid; and
WHEREAS, the City Attorney reviewed the email and found no merit in either issue raised; and
WHEREAS, Integra Construction Services, Inc. was determined to be the lowest responsible bidder.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby:

1. Find that the bid protests submitted by American Glass and ELLA are without merit and accordingly reject both bid protests; and

2. Authorize the Mayor to execute an agreement with Integra Construction Services, Inc. to provide construction services for the Dougherty Station Community Center Renovation Project (CIP 200004), in an amount not to exceed $2,063,600, funded by 2019 Certificate of Participation (COP) Debt Financing.

PASSED, APPROVED AND ADOPTED at the meeting of December 13, 2022, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Dave Hudson, Mayor
ATTEST:
________________________________
Christina Franco, City Clerk

5.9 Packet Pg. 69

5.9.a
Packet Pg. 70
Attachment: A: City Response to Ella Protest (2022-150 : Integra Construction Services)

5.9.a
Packet Pg. 71
Attachment: A: City Response to Ella Protest (2022-150 : Integra Construction Services)

5.9.b
Packet Pg. 72
Attachment: B: City Response to American Glass Protest (2022-150 : Integra Construction Services)

San Ramon City CouncilDecember 13, 2022

San Ramon City Council
December 13, 2022