Agenda packet — San Ramon City Council, August 8, 2023

CITY COUNCIL AGENDA
August 8, 2023

WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE

ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON
David E. Hudson, Mayor • Mark Armstrong, Vice Mayor
Scott Perkins, Councilmember • Marisol Rubio, Councilmember • Sridhar Verose, 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
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, August 8, 2023, to [email protected]. Please include “Public Comment 8/8/23” 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 – August 8, 2023
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/92873236122 Webinar ID: 928 7323 6122
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: 928 7323 6122
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 re-muted. 3 City Council Meeting – August 8, 2023

1. CALL TO ORDER/ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

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

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

4. PUBLIC COMMENT
Members of the audience are encouraged to address the City Council on any non-agenda item. Members of the public who are participating via Zoom will have the opportunity to make comments to the City Council live through 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 – August 8, 2023

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 Special Meeting – July 25, 2023 Recommendation: Accept Minutes

5.2 Minutes of the City Council Meeting and Closed Session – July 25, 2023 Recommendation: Accept Minutes

5.3 Minutes of the City Council Special Meeting – July 31, 2023 Recommendation: Accept Minutes

5.4 Resolution No. 2023-090 - Authorizing the Mayor to Execute an Agreement with Siteworks Construction, Inc. for Construction of the Norris Creek Sediment Removal Project (CIP 100001-A) in an Amount Not to Exceed $659,424 Recommendation: Approve Resolution No. 2023-090

5.5 Resolution No. 2023-091 - Authorizing the Appointment of Steven Spedowfski as City Manager Effective June 19, 2023, and Authorizing the Mayor to Execute the Employment Agreement
Recommendation: Approve Resolution No. 2023-091

6. SPECIAL PRESENTATIONS

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

8.1 Housing Advisory Committee Appointments
Recommendation: Approve Housing Advisory Committee Appointments Staff Report by Ryan Driscoll, Associate Planner

8.2 Transportation Advisory Committee Appointment
Recommendation: Approve Transportation Advisory Committee Appointment Staff Report by Chris Weeks, Transportation Division Manager 5 City Council Meeting – August 8, 2023

9. UNFINISHED BUSINESS

9.1 Public Hearing: Resolution No. 2023-092 - Confirming Building and Safety Services Division Statement of Expenses for Unpaid Fees and Fines and Directing the City Clerk to Forward a Certified Copy of This Resolution to the Office of the Auditor-Controller of Contra Costa County
Recommendation: Receive the Staff Report, Conduct the Public Hearing, Consider any Protest or Objections, Make Revisions or Corrections as Necessary, and Adopt Resolution No. 2023-092 Levying Special Assessments for Unpaid Fees and Fines.

Staff Report by Vance Phillips, Chief Building Official

10. NEW BUSINESS

10.1 Public Hearing: Introduction of Ordinance (Next in Line) Amending Section B8- 45 (Increase in Speed Limits) and Authorizing the Public Works Director (Or Designee) to Erect Signs Establishing Speed Limits on Various Streets and Roads Recommendation: Receive the Staff Report, Introduce the Ordinance (Next in Line), Waive the Reading and Read by Title Only, Open the Public Hearing and Take Public Testimony, Close the Public Hearing, Provide Feedback to Staff, and Set the Ordinance for Adoption at the City Council Meeting on September 12, 2023
Staff Report by PJ Dhoot, Transportation Specialist

10.2 Resolution No. 2023-093 - Authorizing the Mayor to Execute an Agreement with California Wood Recycling, Inc., DBA Agromin, for Recovered Organic Waste Products Procurement Services as Part of the Senate Bill 1383 Implementation Project (CIP 400010) for a Total Cumulative Amount Not to Exceed $353,503 through December 31, 2024, with the Option to Renew the Agreement for Up to Four Successive One-Year Terms
Recommendation: Approve Resolution No. 2023-093
Staff Report by Kerry Parker, Public Works Program Manager

10.3 Consideration for the Formation of a City Council Ad-Hoc Subcommittee to Discuss Establishing a Climate Action Committee or Commission Staff Report by Joan Snashall, Acting City Clerk

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

MATTERS INITIATED

12. PUBLIC COMMENT
At this time, those in the audience who have not previously spoken under Public Comment 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. 6 City Council Meeting – August 8, 2023
Comments should not exceed three minutes. 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 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: August 4, 2023
7 City Council Meeting – August 8, 2023
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 48 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 SPECIAL MEETING
July 25, 2023

1. CALL TO ORDER/ROLL CALL
The meeting was called to order at 4:30 p.m.

Attendee Name Title Status Arrived
Dave Hudson Mayor Present 4:30 PM
Sridhar Verose Vice Mayor Present 4:30 PM
Mark Armstrong Councilmember Present 4:30 PM
Scott Perkins Councilmember Present 4:30 PM
Sabina Zafar Councilmember Present 4:30 PM
Also in attendance: Acting City Clerk Joan Snashall and Acting Deputy City Clerk Lisa Schlotz.

2. NEW BUSINESS

2.1 Teen Council Vice Chair Interviews and Appointment
The City Council conducted interviews of five candidates, one candidate was not eligible, and considered three candidates by application only.

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

Cm. Perkins' motion to appoint Tanishka Chawla as the Teen Council Vice Chair 2023/24 and to become the Chair of the Teen Council 2024/25 and the Parks and Community Services Commission Student Commissioner for a term ending 2025 was seconded by Cm. Rubio. The motion passed 5-0-0-0.

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

3. ADJOURNMENT
The meeting was adjourned at 5:57 p.m.

5.1 Packet Pg. 6
Minutes Acceptance: Minutes of Jul 25, 2023 4:30 PM (CONSENT CALENDAR)

MINUTES OF THE

CITY OF SAN RAMON

CITY COUNCIL MEETING
July 25, 2023

1. CALL TO ORDER/ROLL CALL
The meeting was called to order at 7:05 p.m.

Attendee Name Title Status Arrived
Dave Hudson Mayor Present 7:00 PM
Mark Armstrong Vice Mayor Present 7:00 PM
Scott Perkins Councilmember Present 7:00 PM
Marisol Rubio Councilmember Present 7:00 PM
Sridhar Verose Councilmember Present 7:00 PM
Also in attendance: City Manager Steven Spedowfski, City Attorney Martin Lysons, Planning Services Division Manager Lauren Barr, Acting City Clerk Joan Snashall, and Acting Deputy City Clerk Lisa Schlotz.

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

4. PUBLIC COMMENT
Public Comment was received from Sue Bock, Sara Lashanlo, Luz Gomez, and Daniel Palmquist. Written public comment was received from Sameeha Ahmed.

5.2 Packet Pg. 7
Minutes Acceptance: Minutes of Jul 25, 2023 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – July 25, 2023
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.

Cm. Perkins' motion to adopt the consent calendar items 5.1-5.12 was seconded by Cm.

Verose. The motion passed 5-0-0-0 for items 5.1-5.4, and 5.6-5.12, and 4-0-0-1 for item

5.5, Vice Mayor Armstrong abstained from item 5.5.

RESULT: ADOPTED
MOVER: Scott Perkins, Councilmember
SECONDER: Sridhar Verose, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Rubio

5.1 Minutes of City Council Special Meeting - July 11, 2023 Recommendation: Accept Minutes

5.2 Minutes of the City Council Meeting July 11, 2023
Recommendation: Accept Minutes

5.3 Register of Demands as Presented by the City Treasurer (Period Ending June 30, 2023)
Recommendation: Accept Register of Demands

5.4 City of San Ramon Quarterly Investment Report (Period Ending June 30, 2023) Recommendation: Accept Report

5.5 Resolution No. 2023-082 - Accepting Building and Safety Services Division Report for Consideration and Setting a Public Hearing on the Statement of Expenses for August 8, 2023 City Council Meeting
Recommendation: Approve Resolution No. 2023-082

5.6 Resolution No. 2023-083 - Acknowledgement and Authorization of the Police Department’s Grant Funding Application, submitted to the Board of State and Community Corrections, Organized Retail Theft Prevention Grant Program, for the Funding of Multiple Programs and Additional Equipment to Enhance the Prevention of Organized Retail Theft in San Ramon
Recommendation: Approve Resolution No. 2023-083

5.7 Resolution No. 2023-084 - Authorizing the Mayor to Execute an Agreement with DRYCO Construction, Inc. for Construction of the Pavement Management 2023 Project and Citywide Bicycle Network Improvements and Enhancements (CIPs 000008 and 905613, Respectively) in an Amount Not to Exceed $3,410,000 Recommendation: Approve Resolution No. 2023-084

5.2 Packet Pg. 8
Minutes Acceptance: Minutes of Jul 25, 2023 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – July 25, 2023

5.8 Resolution No. 2023-085 - Authorizing the Mayor to Execute Amendment No. 1 to the Agreement (C2021-016) with BSK Associates for On-Call Materials Testing and Construction Inspection Consulting Services, for an Additional One (1) Year Contract Extension through December 31, 2024, and an Additional Amount of $200,000, for a Total Cumulative Contract Amount Not to Exceed $500,000
Recommendation: Approve Resolution No. 2023-085

5.9 Resolution No. 2023-086 - Accepting the Work by JD Partners Concrete for Construction of the Sidewalk Repairs 2020/2021 (CIP 400001) as Complete and Authorizing the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office; and Authorizing the Reappropriation of All Remaining Funds from the Sidewalk Repairs 2020/2021 Project (CIP 400001) to the Sidewalk Repairs 2022/2023 Project (CIP 400005)
Recommendation: Approve Resolution No. 2023-086

5.10 Resolution No. 2023-087 - Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with T. Marshall Associates, LTD. (C2023-053) for On-Call Electrical Repair Services for an Additional Amount of $500,000, for a Total Cumulative Contract Amount Not to Exceed $1,000,000 through June 30, 2026 Recommendation: Approve Resolution No. 2023-087

5.11 Resolution No. 2023-088 - Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with Comfort International, Inc. (C2019-036) for Heating, Ventilation, and Air Conditioning (HVAC) Services for an Additional Amount of $300,000, for a Total Cumulative Contract Amount Not to Exceed $1,300,000 through June 30, 2024
Recommendation: Approve Resolution No. 2023-088

5.12 Resolution No. 2023-089 - Supporting the Exoneration of the Port Chicago 50 Recommendation: Approve Resolution No. 2023-089

6. SPECIAL PRESENTATIONS

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

9. UNFINISHED BUSINESS

10. NEW BUSINESS

10.1 Planning Year in Review 2022-2023
Planning Services Division Manager Lauren Barr presented the report.

5.2 Packet Pg. 9
Minutes Acceptance: Minutes of Jul 25, 2023 7:00 PM (CONSENT CALENDAR) 4 City Council Meeting – July 25, 2023
Mayor Hudson opened public comment. Public comment was received from Tywon Sacontrie and Sara Lashanlo. Mayor Hudson closed public comment.

The Council did not take action on this item.

11. CITY MANAGER AND CITY COUNCIL MEMBERS' COMMENTS/MATTERS

INITIATED
Councilmember Rubio requested that the Council consider establishing a Climate Action Committee or Commission at a future meeting. The Council directed staff to bring back an item establishing an ad hoc subcommittee to consider this proposal.

Public comment was received from Tywon Sacontrie and Luz Gomez.

12. PUBLIC COMMENT
Public comment was received from Tywon Sacontrie.

13. CLOSED SESSION
Public comment was received from Tywon Sacontrie.

The City Council convened to closed session at 8:21 p.m.

13.1 Convene to Closed Session pursuant to Govt. Code §59457(b) for Consideration of the contract for Appointment of the City Manager
The City Council reconvened at 9:05 p.m.

13.2 Report on Closed Session
Mayor Hudson reported by a 5 to 0 vote, the City Council directed staff to bring an employment contract between the City and its new City Manager Steven Spedowfski for review and approval in open session. The new contract amendment shall reflect the following: A salary of $24,825 per month; Management Incentive Pay or $500 per month, consistent with the amount received by all management employees; A contribution of $27,204 annually to be deferred compensation plan administered by the City, prorated on a monthly basis; and a commencement date of June 16, 2023. The amendment will be brought before the Council for review and approval at its August 8, 2023 meeting.

14. ADJOURNMENT
The meeting was adjourned at 9:06 p.m.

5.2 Packet Pg. 10
Minutes Acceptance: Minutes of Jul 25, 2023 7:00 PM (CONSENT CALENDAR)

MINUTES OF THE

CITY OF SAN RAMON

CITY COUNCIL SPECIAL MEETING
July 31, 2023

1. CALL TO ORDER/ROLL CALL
The meeting was called to order at 3:35 p.m.

Attendee Name Title Status Arrived
Dave Hudson Mayor Present 3:30 PM
Sridhar Verose Vice Mayor Present 3:30 PM
Mark Armstrong Councilmember Present 3:30 PM
Scott Perkins Councilmember Present 3:30 PM
Sabina Zafar Councilmember Present 3:30 PM
Also in attendance: Acting City Clerk Joan Snashall, and Acting Deputy City Clerk Lisa Schlotz.

2. NEW BUSINESS

2.1 Parks & Community Services Commission Interviews and Appointments The City Council conducted six of the seven scheduled interviews. One applicant did not show.

The City Council took a break at 5:00 p.m. and reconvened at 5:14 p.m.

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

Cm. Verose's motion to appoint Stephen Bried, Julia Oseland and David Owens as regular members to the Parks and Community Services Commission with terms to expire June 2027; and Kyle Levy as a regular member to the Parks and Community Services Commission with a term to expire June 2025, was seconded by Cm. Perkins. The motion passed 5-0-0-0.

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

3. ADJOURNMENT
The meeting was adjourned at 6:13 p.m.

5.3 Packet Pg. 11
Minutes Acceptance: Minutes of Jul 31, 2023 3:30 PM (CONSENT CALENDAR)

CITY COUNCIL STAFF REPORT
DATE:

TO:

FROM:

August 8, 2023
City Council/City Manager
Maria Fierner, Public Works Director
By: Shane Hsieh, Senior Civil Engineer
SUBJECT: RESOLUTION NO. 2023-090 - Authorizing the Mayor to Execute an Agreement with Siteworks Construction, Inc. for Construction of the Norris Creek Sediment Removal Project (CIP 100001-A) in an Amount Not to Exceed $659,424

EXECUTIVE SUMMARY
As part of the 2023 Storm Damage Repair Project (CIP 100001), the purpose of this Project is to remove the sediment accumulated in Norris Creek during the New Year’s weekend atmospheric river event of 2022 into 2023 and the following weeks, and to restore the flood control channel’s flow capacity. On July 7, 2023, the City advertised the Norris Creek Sediment Removal Project (CIP 100001-A). Five (5) bids were received and opened on July 31, 2023. The responsive and responsible low bidder for the Project is Siteworks Construction, Inc., with a bid price of $573,412 and a fifteen percent (15%) contingency of $86,012 to cover any unforeseen conditions, for a total contract amount not to exceed $659,424. It is anticipated that 93.75 percent of the cost of this Project will be reimbursed by FEMA and CalOES.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, authorizing the Mayor to execute an Agreement with Siteworks Construction, Inc. for construction of the Norris Creek Sediment Removal Project (CIP 100001-A) in an amount not to exceed $659,424 including an approximate 15% contingency.

BACKGROUND
Over the New Year’s weekend of 2022 into 2023 and the following weeks, the City of San Ramon was significantly impacted with rain, local flooding, downed trees, creek bank erosion, landslides, and other storm-related damage due to atmospheric river events. On January 14, 2023, President Biden declared a major disaster (FEMA-4683-DR-CA, the Disaster), making federal disaster aid available to California counties affected by the severe winter storms, flooding, landslides, and mudslides during the period from December 27, 2022, to January 30, 2023. Contra Costa County and local public agencies within the County were included for Public Assistance (PA), under which the Federal Emergency Management Agency (FEMA) will potentially cost share eligible emergency work costs at 100% for the first 60 days of the incident

5.4 Packet Pg. 12
period; FEMA could also cost share 75% of eligible permanent work related to repairing damage resulting from the disaster. The California Governor’s Office of Emergency Services (CalOES) serves as the State’s leadership hub during all major emergencies and disasters and could also share up to 75% of the rest of the costs resulting in a total State and Federal reimbursement level on these projects of up to 93.75%.

On May 9, 2023, the City approved Resolution 2023-056, authorizing the creation of the 2023 Storm Damage Repair Project (CIP 100001) with an authorized Project Budget of $1,290,000 to initiate projects that staff identified within the City’s drainage and flood control system with appropriations from the Creek Mitigation Fund, Drainage Mitigation Fund, Infrastructure Maintenance Fund, and the General Fund Reserve. These projects may be eligible for FEMA/CalOES funding.

Norris Creek Sediment Removal Project (CIP 100001-A) is part of the 2023 Strom Damage Repair Project. The 3,700-foot-long section of Norris Creek from Tareyton Avenue to the Iron Horse Trail has experienced sediment problems over the years. Between 2019 and 2021, the City excavated approximately 5,000 cubic yards of sediment from the earthen channel and three concrete box culverts to restore the design flow capacity of the channel. However, during and after the Disaster, approximately 3,500 cubic yards of sediment came from the upper watershed and deposited into the channel, substantially filling it in some locations. It is critical to remove the sediment and restore the flow capacity again before the next rainy season to prevent flooding from similar or smaller storms.

DISCUSSION
The City advertised the Norris Creek Sediment Removal Project (CIP 100001-A) on July 7, 2023. The Notice Inviting Bids was posted at City Hall and on the City’s website. Five (5) bids were received and opened on July 31, 2023. The bidders’ names, their rankings, and bid amounts are as follows:

No. Contractor Total Base Bid

1. Siteworks Construction, Inc. $573,411.68

2. ETIC $679,339.35

3. Granite Rock Company $688,936.00

4. RX Lodge Inc. $700,760.00

5. Pacific States Environmental Contractors, Inc. $859,440.00 Upon review of the bid results by staff Siteworks Construction, Inc. was determined to be the lowest responsible bidder based on the Total Bid as set forth in the bid documents. The low bid amount of $573,411.68 is lower than the Engineer’s Estimate of $747,234.00 by $173,822.32, approximately 23.3 %.

FISCAL ANALYSIS
The Five-Year 2023-2027 Capital Improvement Program authorized a Project budget of $1,290,000, with $170,900 funded by Infrastructure Maintenance Fund, $1,017,560 funded by

5.4 Packet Pg. 13
General Fund Reserve, and $101,540 funded by Creek and Drainage Mitigation Funds. The construction contract amount being requested is $573,411.68 plus a 15% contingency of $86,012, for a total contract amount not to exceed $659,424. There are sufficient funds in the 2023 Storm Damage Repair Project (CIP 100001) to complete the contract work.

There is a significant chance that the majority of the costs will be reimbursed by FEMA and CalOES. However, the timing and amount of reimbursement have not been determined at this time. Reimbursing the General Fund Reserve will be a priority for any FEMA funding that is approved from the PA Program. The remaining FEMA funds will be allocated to the Infrastructure Maintenance Fund, Creek Mitigation Fund, and Drainage Mitigation Fund.

STEPS FOLLOWING APPROVAL
The City Attorney’s Office will forward the contract Agreement to Sitework Construction, Inc. for execution. 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 Engineering Services Division. A Notice to Proceed will then be issued to begin construction and staff will pursue the work to completion.

5.4 Packet Pg. 14
RESOLUTION NO. 2023-090

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SITEWORKS CONSTRUCTION, INC. FOR CONSTRUCTION OF THE NORRIS CREEK SEDIMENT REMOVAL PROJECT (CIP 100001-A) IN AN AMOUNT NOT TO EXCEED $659,424
WHEREAS, the City Council authorized the creation of the 2023 Storm Damage Repairs Project (CIP 100001) on May 9, 2023, with Resolution No. 2023-056; and WHEREAS, the City desires to construct the Norris Creek Sediment Removal Project (CIP 100001-A); and
WHEREAS, the majority of the costs for the Project are likely subject to reimbursement by FEMA and CalOES; and
WHEREAS, the Project was advertised for bids on July 7, 2023 in accordance with the requirements of State Law and local ordinances; and
WHEREAS, Five (5) bids were received and opened on July 31, 2023; and WHEREAS, Siteworks Construction, Inc. was determined to be the lowest responsible and responsive bidder with a bid of $573,412; and
WHEREAS, there is a need for an additional 15% contingency of $86,012 to cover any unforeseen conditions that may occur during construction; and WHEREAS, there are sufficient funds available in CIP 100001 to construct the Project.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the Mayor to execute an Agreement with Siteworks Construction, Inc. for construction of the Norris Creek Sediment Removal Project (CIP 100001-A) in an amount not to exceed $659,424, which includes the base bid and an approximate 15% contingency.

PASSED, APPROVED, AND ADOPTED, at the meeting of August 8, 2023 by the following votes:

AYES:

NOES:

ABSENT:

5.4 Packet Pg. 15
ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
_________________________
Joan Snashall, Acting City Clerk

5.4 Packet Pg. 16

CITY COUNCIL STAFF REPORT
DATE: August 8, 2023
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Megan O'Donoghue, Human Resources Manager
SUBJECT: RESOLUTION NO. 2023-091 - Authorizing the Appointment of Steven Spedowfski as City Manager Effective June 19, 2023, and Authorizing the Mayor to Execute the Employment Agreement

RECOMMENDED ACTION
Staff recommends that the City Council adopt the Resolution appointing Steven Spedowfski as City Manager effective June 19, 2023, and authorizing the Mayor to execute an employment agreement.

BACKGROUND/DISCUSSION
For the past several months, and with the assistance of Bob Murray & Associates, the City Council has been recruiting to fill the position of City Manager. Upon completion of the recruitment process, the Council selected Steven Spedowfski. He has agreed to the terms of employment offered by the City Council. An agreement reflecting those terms is attached.

FISCAL ANALYSIS
The fiscal provisions are set forth in the employment agreement.

STEPS FOLLOWING APPROVAL
Upon review and approval of the Council, the City Manager and the City will execute the employment agreement, and staff will update the salary schedule to reflect the new salary for City Manager.

ATTACHMENT
City of San Ramon Agreement for Employment of City Manager

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RESOLUTION NO. 2023-091

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

AUTHORIZING THE APPOINTMENT OF STEVEN SPEDOWFSKI AS CITY MANAGER EFFECTIVE JUNE 19, 2023, AND AUTHORIZING THE MAYOR TO

EXECUTE THE EMPLOYMENT AGREEMENT
WHEREAS, following a recruitment process, the City Council of the City of San Ramon has selected to fill the position of City Manager effective June 19, 2023; and WHEREAS, the City Council offered and Steven Spedowfski accepted the terms of an Employment Agreement; and
WHEREAS, per the Employment Agreement, the City agrees to an initial monthly compensation of $24,825 and a contribution of $27,204 annually to a deferred compensation plan administered by the City; and
WHEREAS, per the Employment Agreement, Steven Spedowfski will continue to participate in the CalPERS Tier I classification of 2.7% at age 55.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the appointment of Steven Spedowfski as City Manager.

BE IT FURTHER RESOLVED, that the City Council of the City of San Ramon does hereby authorize the Mayor to sign the Agreement of Employment of City Manager.

PASSED, APPROVED, AND ADOPTED, at the meeting of August 8, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
__________________________
Joan Snashall, Acting City Clerk

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Exhibit 1: City of San Ramon Agreement for Employment of City Manager

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1 CITY OF SAN RAMON

AGREEMENT FOR EMPLOYMENT

OF CITY MANAGER
This Employment Agreement ("Agreement") is made and entered into this 8th day of August, 2023 by and between the City of San Ramon ("City"), a charter city, and Steven G. Spedowfski ("Employee"), collectively referred to as "the Parties." WHEREAS, this Agreement will provide for Employee services as City Manager, performing the duties and functions specified in the City Charter and Municipal Code, and to perform such other legally permissible and proper duties and functions as the City Council, as represented by a majority of its membership, shall from time-to-time assign, subject always to the direction of the City Council; and WHEREAS, because the City Manager must devote significant time in conducting the City’s business outside of customary office hours, the City Manager shall have discretion over the schedule and location of work each day in accordance with the work required to be performed; and
WHEREAS, the City and Employee have entered into this Agreement in recognition of the benefits accruing to each party; and WHEREAS, this Agreement supersedes and replaces the previous agreement for employment between City and Employee as Interim City Manager; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:

1. COMPENSATION AND TERM.

Commencing June 19, 2023, the City agrees to Employee initial compensation at a flat rate of $24,825 per month, and a contribution of $27,204 annually to a deferred compensation plan administered by the City. The annual deferred contribution shall be prorated on a biweekly basis.

The City agrees to maintain a minimum 5.5% differential between the City Manager salary and the top salary range of Department Directors. Salary differential calculation shall include the highest of any certification pay (e.g. POST pay) provided to Department Directors. Any upward salary adjustments, including those made based on this provision, shall be approved and implemented by the City Council through the annual adoption of the Salary Schedule, at which time the minimum differential percentage shall be maintained.

The City may adjust the percentage of salary differential as a result of the performance evaluation set out in paragraph 3 below. Employee shall also receive management incentive pay of $500 per month.

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Attachment: City of San Ramon Agreement for Employment of City Manager (2023-091 : Resolution Authorizing the Appointment of Steven 2 Employee shall continue to participate in the California Public Employees Retirement System (CalPERS) two point seven (2.7%) at age 55 formula with a final compensation earnable calculated based on single highest year compensation. The Plan includes the 4th Level 1959 Survivor’s Benefit.
• Employer-Paid Member Contributions (“EPMC”): Effective July 1, 2006, the City shall pay the full cost of the Employee’s eight percent (8%) normal member contribution towards CalPERS and shall report the same percentage eight percent (8%) to CalPERS as “special compensation” for purposes of calculating as employees “final compensation” in accordance with Government Code Section 20042.
• Cost Sharing: Employee shall share in the City’s CalPERS cost by contributing eight percent (8%) of the employee’s compensation reportable to CalPERS (i.e. “compensation earnable”) towards the City’s employer contribution, in accordance with Government Code Section 20516(f).
• In addition, employee shall contribute three percent (3%) of the employee’s compensation earnable toward the employer’s pension contribution rate for a total employee contribution of eleven percent (11%).

2. SEPARATION.

A. Resignation/Retirement: Employee may resign at any time and agrees to give the City thirty (30) days advance written notice of the effective date of the resignation. If Employee retires from full-time public services with the City, Employee shall provide sixty (60) days advance notice.

B. Removal: The City Manager is an at-will employee serving at the pleasure of the City Council as provided by Government Code Section 36506. The City Council may remove the Employee, with or without cause, by a majority vote of its members. This Agreement, however, shall not be terminated by the City within six (6) months following any change in membership of the City Council, it being the purpose hereof to allow the Council adequate time to objectively assess the City Manager’s performance.

C. Termination of Agreement upon Inability to Perform: This Agreement shall terminate upon the permanent disability and inability of the Employee to perform the essential duties of this position.

D. Termination without Cause: Subject to the provisions of paragraph B, City Council may terminate Employee without cause at any time. If the Employee is terminated by the Council during the term of this Agreement without cause during such time that the Employee is willing and able to perform the City Manager's duties under this Agreement, then the City agrees to pay the Employee a Severance Payment.

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Attachment: City of San Ramon Agreement for Employment of City Manager (2023-091 : Resolution Authorizing the Appointment of Steven 3 The Severance Payment shall be equal to twelve (12) months of the base salary and up to twelve (12) months City-paid COBRA benefits for Employee and his dependents. Payment of leave balances will remain the same as Department Heads upon separation on the effective date of termination.

Beginning with the first anniversary of the Appointment Date, and every anniversary of the Appointment Date thereafter, the number of months used to calculate the amount of Severance Payment shall be increased by one (1) month, except that in no event shall the total number of months used to calculate the Severance Payment exceed eighteen (18) months.

E. Termination for Cause: Not withstanding any other provision of this Agreement, the Employee may be terminated for cause. As used in this section "cause" shall mean one or more of the following:

1. willful misconduct:

2. abuse of drugs or alcohol which materially affects the performance of his duties;

3. repeated and protracted unexcused absences from the City Manager’s office;

4. conviction of a felony;

5. conviction of a misdemeanor involving moral turpitude;

6. acceptance of employment from another source inconsistent with this contract; or

7. any material breach of this contract.

Termination or suspension for cause shall not trigger rights to any severance benefits provided for in section 2(D) above relating to "Termination without Cause".

3. PERFORMANCE EVALUATION.

The City Council shall review and evaluate the performance of the Employee annually within (30) days of the mid-fiscal year. The performance evaluation shall be conducted by use of an outside professional facilitator with appropriate qualifications and experience in facilitating and coordinating the review of City Managers. The facilitator will be chosen by the mutual agreement of the City Council and the Employee. The facilitator will have no role in the performance evaluation except to coordinate and facilitate the review and to assist the Parties in ensuring that the reviews are conducted in a timely fashion as set out in this Agreement. Any annual compaction percentage adjustments shall be based on the results of the Council's evaluation and effectuated by a written amendment to this Agreement. Use of a facilitator may be waived by mutual consent of the City Council and Employee.

4. VACATION, SICK LEAVE, HOLIDAYS, BENEFITS.

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Attachment: City of San Ramon Agreement for Employment of City Manager (2023-091 : Resolution Authorizing the Appointment of Steven 4 Employee shall accrue vacation at a rate of 25 days of vacation per year with the same vacation accrual limits, discretionary, administrative leave, sick leave, holidays, health care, life insurance, and all other benefits as provided to all other Department Directors per the City's Rules and Regulations and the Unrepresented Miscellaneous Employees Salaries and Benefits Resolution. Also consistent with existing City Policies and CalPERS rules, vacation and sick leave cash payments at termination or retirement are not credited as employee contributions for benefits under the CalPERS retirement system.

5. PROFESSIONAL DEVELOPMENT.

The City acknowledges its interest in the continuing professional development of Employee and agrees to allow and pay all expenses associated with attendance at annual conferences of the International City Management Association, League of California Cities, and California City Managers Association. Further, the City agrees to pay the membership dues for Employee in the International City Management Association, City Manager's Department of the League of California Cities, and the California City Management Foundation. With the prior budgetary allowance and consent of the Council, the City agrees to allow Employee to attend and participate in such other professional associations and conferences as may be mutually agreeable to both parties. The City acknowledges the right of Employee to engage in other professional activities as long as they do not interfere or conflict with the Employee's duties as City Manager. Such professional activities may include teaching, writing, consulting and other compatible activities, so long as they do not raise conflicts of interest or incompatible offices issues or take away from the time necessary for Employee to fulfill the duties of the office of City Manager.

6. INDEMNIFICATION.

To the extent permitted by law, the City shall defend, hold harmless and indemnify Employee against any tort, professional liability claim or demand or other civil legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the performance of Employee's duties to the City. In its sole discretion, the City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom. This duty to defend and indemnify shall not apply to criminal charges against the Employee, except at the sole discretion of the City Council based on a finding that it is in the public interest and in the best interests of the City to do so.

7. OTHER RIGHTS OF PARTIES.

Unless expressly set forth in this Agreement, nothing in this Agreement shall abrogate any rights, responsibilities, benefits or privileges to which either party would otherwise be entitled.

8. AMENDMENT OF AGREEMENT.

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Attachment: City of San Ramon Agreement for Employment of City Manager (2023-091 : Resolution Authorizing the Appointment of Steven 5 The Agreement may be amended only in writing by mutual agreement of the Parties.

9. STATE LAW AND JURISDICTION.

The right and obligation of the parties to this Agreement shall be governed by the laws of the State of California. Any appropriate state court in Contra Costa County or federal district court within the Northern District of California shall have exclusive jurisdiction over any case or controversy arising under or in connection with this Agreement.

10. RECITALS.

The recitals set forth above are incorporated by reference and made a part of this Agreement.

11. FAILURE TO ACT OR DELAY OF ACTION.

No failure to exercise and no delay in exercising any right, remedy or power set forth in this Agreement shall operate as a waiver to the exercise of that right, remedy, or power in the future.

12. ENTIRE AGREEMENT.

This Agreement contains the entire agreement between the parties. No promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon by either party to this Agreement.

13. SEVERABILITY.

Should any paragraph, subparagraph, sentence, clause, phrase or word included in this Agreement be found invalid by a court of competent jurisdiction, the balance of this Agreement shall remain in full force and effect.

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Attachment: City of San Ramon Agreement for Employment of City Manager (2023-091 : Resolution Authorizing the Appointment of Steven

CITY COUNCIL STAFF REPORT
DATE: August 8, 2023
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Ryan Driscoll, Associate Planner
SUBJECT: Housing Advisory Committee Appointments

RECOMMENDED ACTION
The Planning Commission recommends the City Council appoint three (3) Housing Advisory Committee (HAC) members (Adorina Beit-Tchoutcheca, Prajoel Karki, and Alan Love) for three (3) full-term vacancies, which run through July 31, 2025.

BACKGROUND/DISCUSSION
In 2002, the City’s former Redevelopment Agency (“Agency”) established the Housing Advisory Committee (HAC) with the purpose of focusing on housing affordability issues and implementation of the Housing Element under the direction of the Agency. On August 28, 2012, the City Council ratified an amendment to the HAC Bylaws making the Committee advisory to the Planning Commission.

Under the HAC Bylaws, Committee Members are appointed by the City Council, through a recommendation by the Planning Commission, to serve two (2) year terms beginning August of the calendar year after a standard recruitment process by the City Clerk. The HAC is comprised of five (5) members of the San Ramon community.

Terms for Committee members Billy Hurley, Alan Love, and Adorina Beit-Tchoutcheca expired in July 2023, resulting in three (3) full-term vacancies on the Committee.

The vacancy notice was posted to the City’s website and sent to existing Committee members for renewal. The City Clerk’s office received three (3) applications; two (2) incumbent members submitted applications to renew their terms and one (1) resident submitted an application.

On July 18, 2023, the Planning Commission Ad Hoc Committee (PC Ad Hoc Committee) interviewed the following candidates:
• Adorina Beit-Tchoutcheca
• Prajoel Karki
• Alan Love

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Based on the interviews conducted and applications received, the PC Ad Hoc Committee made a recommendation to the Planning Commission.

On August 1, 2023, the Planning Commission considered the applications received and the PC Ad Hoc Committee recommendation and recommended the City Council appoint Adorina BeitTchoutcheca, Prajoel Karki, and Alan Love to the HAC for three (3) full-term vacancies, which run through July 31, 2025.

FISCAL ANALYSIS
There is no fiscal impact as a result of candidate appointments.

STEPS FOLLOWING APPROVAL
Staff will notify the candidates of the appointments to the Housing Advisory Committee.

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CITY COUNCIL STAFF REPORT
DATE: August 8, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Chris Weeks, Transportation Division Manager
SUBJECT: Transportation Advisory Committee Appointment

RECOMMENDED ACTION
The Planning Commission recommends the appointment of Ivan Fedorenko to serve as a regular member of the Transportation Advisory Committee with a term to expire in January 2025.

BACKGROUND/DISCUSSION
The Transportation Advisory Committee is comprised of six regular members and one representative from the Chamber of Commerce. Terms for Committee members Robert DuPont, Atul Patel, and Miranda Shakes expired on January 31, 2023, resulting in three vacancies.

The City Clerk’s office listed the vacancies on the City’s website and social media accounts soliciting applications. Robert DuPont applied and was re-appointed by the City Council on February 28, 2023, leaving two remaining vacancies.

The City Clerk’s office re-opened the vacancies and received two additional applications from qualified candidates. One of the candidates withdrew their application to pursue other committee opportunities. An Ad Hoc Committee of the Planning Commission consisting of Gary Alpert and Jean Kuznik interviewed Ivan Fedorenko on July 18, 2023 and recommended he be appointed to serve as a regular member of the Transportation Advisory Committee for a term to run through January 2025.

The Planning Commission approved the recommendation on August 1, 2023 and recommended he be forwarded to the City Council for appointment.

STEPS FOLLOWING APPROVAL
Staff will notify the new Transportation Advisory Committee appointee of upcoming meeting dates, time, and location.

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CITY COUNCIL STAFF REPORT
DATE: August 8, 2023
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Vance Phillips, Chief Building Official
SUBJECT: RESOLUTION NO. 2023-092 - Confirming Building and Safety Services Division Statement of Expenses for Unpaid Fees and Fines and Directing the City Clerk to Forward a Certified Copy of This Resolution to the Office of the Auditor-Controller of Contra Costa County

RECOMMENDED ACTION
Staff recommends the City Council receive the staff report, conduct the hearing, consider any protest or objections, make any revisions or corrections as necessary, and adopt the Resolution levying special assessments for unpaid fees and fines.

BACKGROUND/DISCUSSION
The Building and Safety Services Division abated property maintenance violations and assessed fees and fines on a number of properties. Several property owners, after appropriate notification, failed to correct violations within time specified. Consequently, these property owners were fined. Each property owner was issued the appropriate legal notices and afforded the opportunity to appeal the nuisance or violation and the opportunity to appeal each fine.

Pursuant to Municipal Code Title B, Division B6, Chapter VI, Article 3--Abatement of Nuisances by City-Special Assessment, Building and Safety Services staff began the process to collect abatement costs, and unpaid fees and fines.

On June 28, 2023 property owners were notified of the intent to levy a special assessment on their property by way of City Council Resolution. The notice included the property address, assessor parcel number, the case number, the amount due, the due date, and the intent to hold a public hearing.

Exhibit 1 to the Resolution is the Report, which specifies for each subject property the itemized and total cost of the abatement, a description of the property that accrued the abatement costs, and the names and addresses of the persons entitled to notice.

In addition to the abatement fees and fines, Public Works Department, Engineering Services

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Division, is assessing property owners for unpaid invoices related to share cost to replace sidewalk and driveway improvements in front of private properties. The City shares 50 percent of the cost of replacement of sidewalks if the City crews or contractors make the repair.

The property owners received 3 notices or invoices related to the share cost to replace the sidewalk and or driveway improvements prior to pursuing the request for special assessment.

Chapter 22 of the California Streets and Highways Code requires that “owners of lots or portions of lots fronting a public street shall maintain any sidewalk in such a condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas.” The Code sets forth the mechanisms by which the City may notice and require repairs to be undertaken or assess property owners for the cost of the repairs, if undertaken by the City.

As part of the annual sidewalk repair program, each of property owner received a “SIDEWALK REPAIR PROGRAM” brochure, received a notice indicating the City’s intent to undertake repairs, an opportunity to appeal and once the repair was completed an invoice or for their share of the work completed.

Exhibit 1 to the resolution list the properties that have past due invoices for sidewalk repairs.

On July 25, 2023 the City Council passed Resolution No. 2023-082 accepting Building and Safety Services Division Report for consideration and setting a public hearing on the Statement of Expenses for August 8, 2023 at the regular City Council Meeting.

On July 28, 2023 certified letters were mailed to each person identified in the Building and Safety Services Division Report attached to Resolution No. 2023-082 (“Hearing Notice”). Each person was notified of the day, hour and place when the City Council would hear and pass on the statement of expenses and the procedure to object or protest the statement of expenses.

The Administrative Services Department, Finance Services kept cost accounting records of the unpaid fees and fines. The proposed Resolution authorizes the appropriate special assessments be added to the regular property tax bills of an identified property owner for the unpaid fees and fines incurred to their property.

The Resolution will direct the Office of the Auditor-Controller Contra Costa County to assess the properties for the amounts that remain unpaid five days after the City Council adopts said Resolution. The administrative procedure will result in the City being reimbursed by the County, negating the City to recover costs through further legal action.

FISCAL ANALYSIS
The Building and Safety Services Division has listed the cost of fees and fines due for each property in Exhibit 1. The costs are fees or fines listed in the City Council Fees Resolution

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adopted each year.

Without property tax assessments, these costs are unlikely to be recovered voluntarily. Failure to pass the Resolution would result in the City being unable to recover the incurred costs. Further, without property tax assessments for unpaid abatement costs, and unpaid fees and fines, the effectiveness of the administrative citations and fines as an enforcement tool would be diminished.

STEPS FOLLOWING APPROVAL
If the property owner does not pay the fees or fines within five (5) days after the City Council confirms the statement of expenses, the cost shall constitute a special assessment against the real property whereon the nuisance has been maintained.

The City Clerk shall forward a certified copy of the Resolution to the Office of the AuditorController Contra Costa County who shall cause the appropriate assessments to be added to the next regular tax bill levied against the subject real properties.

ATTACHMENT
Assessment Report - List and Itemized Abatement Costs

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RESOLUTION NO. 2023-092

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

CONFIRMING BUILDING AND SAFETY SERVICES DIVISION STATEMENT OF

EXPENSES FOR UNPAID FEES AND FINES AND DIRECTING THE CITY CLERK

TO FORWARD A CERTIFIED COPY OF THIS RESOLUTION TO THE OFFICE OF

THE AUDITOR-CONTROLLER OF CONTRA COSTA COUNTY
WHEREAS, on July 25, 2023 the City Council accepted Building and Safety Services Division Report for consideration and set the date, time and place for a hearing on the statement of expenses; and
WHEREAS, on July 28, 2023 the City Clerk notified specific property owners of the intent to levy a special assessment on their property by way of City Council Resolution; and WHEREAS, on August 8, 2023 the City Council, after giving all public notices as required by law, held a hearing to consider the statement of expenses which detailed assessments and penalties against properties in the City of San Ramon for unpaid fees and fines (“Exhibit 1”); and
WHEREAS, the City Council heard any and all protests and objections to the statement of expenses; and
WHEREAS, the City Council made any such revisions, corrections or modifications to the statement of expenses as it saw fit.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby confirm Building and Safety Services Division Statement of Expenses detailing unpaid fees and fines in the amounts listed for each property and reflected in the attached Exhibit 1 to this Resolution.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that any amount on the Statement of Expenses that remain unpaid five days after the August 8, 2023 hearing shall constitute a special assessment against the real property which incurred those costs.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council hereby directs the City Clerk to forward a certified copy of this Resolution to the Office of the AuditorController Contra Costa County who shall cause the appropriate assessments to be added to the next regular tax bill levied against the appropriate real property for municipal purposes.

PASSED, APPROVED, AND ADOPTED, at the meeting of August 8, 2023 by the following votes:

AYES:

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NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
__________________________
Joan Snashall, Acting City Clerk
Exhibit 1: Assessment Report - List and Itemized Abatement Costs

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Building and Safety Services’ Report of Abatement Cost

NAME OF PROPERTY OWNER APN ADDRESS OF PROPERTY BALANCE
Ajay Z Singh 212252037 941 Renada Place $2,741.00
Dhillon Goyal Hotel Group, LLC 208451024 2231 Omega Road $1703.10 George M Forney 209432002 2514 Marsh Drive $3,341.00
Public Works Department, Engineering Division – Unpaid Invoices

NAME OF PROPERTY OWNER APN ADDRESS OF PROPERTY BALANCE
Babakan Baehan 212132014 9965 Alcosta Blvd $1,580.00
Balaji Ayyaswamy 213092005 603 Lomand Circle $600.00
Grupe Real Estate Investors 209800291 1000 Canyon Village Circle $1,325.00 Jacqueline Starkweather 211030015 19901 San Ramon Valley Blvd $560.00 Jacqueline Starkweather 211030015 19901 San Ramon Valley Blvd $1,000.00 Jacqueline Starkweather 211030015 19901 San Ramon Valley Blvd $400.00

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Attachment: Assessment Report - List and Itemized Abatement Costs (2023-092 : Confirming Building and Safety Services' Statement of

CITY COUNCIL STAFF REPORT
DATE: August 8, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Kerry Parker, Public Works Program Manager
SUBJECT: RESOLUTION NO. 2023-093 - Authorizing the Mayor to Execute an Agreement with California Wood Recycling, Inc., DBA Agromin, for Recovered Organic Waste Products Procurement Services as Part of the Senate Bill 1383 Implementation Project (CIP 400010) for a Total Cumulative Amount Not to Exceed $353,503 through December 31, 2024, with the Option to Renew the Agreement for Up to Four Successive OneYear Terms

EXECUTIVE SUMMARY
The City wishes to comply with the Recovered Organic Products Procurement requirement of Senate Bill (SB) 1383 regulations by executing a renewable agreement with a reputable processor and broker of these products to California farmers. On July 5, 2023, staff advertised the Request for Qualifications to provide Recovered Organic Waste Products Procurement Services as part of the Senate Bill 1383 Implementation Project (CIP 400010). On July 19, 2023, the City received three (3) Statements of Qualifications (SOQs). After a thorough review of the SOQs, staff selected California Wood Recycling, Inc., DBA Agromin (Agromin) based on their qualifications and experience of brokering compost to farmers in California, pricing, and the ability to provide all necessary reporting to allow the City to be fully compliant with all applicable State Laws and California Department of Resources, Recycling, and Recovery (CalRecycle) requirements. Staff recommends an initial Agreement with Agromin through December 31, 2024, with the option to renew the Agreement for up to four successive one-year terms, for a total cumulative amount not to exceed $353,503.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, authorizing the Mayor to execute an Agreement with California Wood Recycling, Inc., DBA Agromin, for Recovered Organic Waste Products Procurement Services as part of the Senate Bill 1383 Implementation Project (CIP 400010), for a total contract not to exceed $353,503 and a term ending December 31, 2024, with the option to renew the Agreement for up to four successive one-year terms.

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BACKGROUND
SB 1383, Short-Lived Climate Pollutant Reduction Strategy In September of 2016, Governor Brown signed into law Senate Bill (SB) 1383, also known as California’s Short-Lived Climate Pollutant Reduction Strategy. SB 1383 is the most significant Statewide waste reduction mandate in the last 30 years. The goals of SB 1383 organics diversion are to reduce the emissions of short-lived climate pollutants (SLCP) and to subsequently help mitigate the effects of climate change. Landfilling organic waste leads to anaerobic breakdown of that material, which creates SLCPs such as methane. Reducing methane and other similar short-lived climate emissions is paramount in combating the impacts of climate change and air pollution.

The Statewide target is to reduce SLCP emissions to 75% by 2025. CalRecycle oversees a variety of programs and policy initiatives to reduce the amount of solid waste sent to landfills and to promote recycling within the State, including organic waste recycling under SB 1383 requirements. Local jurisdictions must comply with the regulations beginning January 1, 2022, with enforcement beginning January 1, 2024.

To meet the list of requirements promulgated by SB 1383, the City has already completed the following:

1. Formed a new Franchise Agreement with ACI of San Ramon (ACI) in 2019, that:
a. Ensured the provision of broader curbside collection services, especially separated organics collection, to all generators of waste within jurisdictional limits. b. Changed the cart colors to be Gray (Trash), Blue (Recycle), and Green (Organics), as required by the law.
c. Provided compost giveaways to residents.
d. Provided compost and mulch to City operations (approximately 1,700 cubic yards per year).
e. Created an SB 1383-rich outreach and education plan to all residents and businesses informing them of the new requirements.

2. Revised the Solid Waste Ordinance (2019 and 2022) to include:
a. Mandatory and enforceable separation of organic material and recyclable material from garbage.
b. The requirement of large food generators in the City to form agreements with donation organizations to recover edible food.

3. Changed City operations:
a. Included more opportunities for organic discards in City facilities and parks. b. Required the purchase of post-consumer recycled paper, including office and janitorial paper products.
c. Inclusion of SB 1383 education in City newsletters, social media, and other outreach.

Recovered Organic Material Procurement Requirement

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SB 1383 requires most jurisdictions to annually procure a specific amount of compost, mulch, or renewable natural gas from anaerobic digestion. This requirement is intended to spur the development of compost processing and anaerobic digestion infrastructure in the State, which is necessary for cities and counties to comply with the full SB 1383 regulations and achieve the reduction in methane, which is the main intention of the law. The procurement target can be fulfilled through the procurement of an adequate quantity of one product, or a mix of products.

Additionally, Assembly Bill 1985 (AB 1985) is a procurement compromise bill signed into law last fall, as the State’s organic processing infrastructure is not fully developed yet, which created a two-year phase-in period (30% of target for 2023; 65% for 2024) for cities to meet their procurement requirement targets. Local governments now have until January 1, 2025, to fully implement their city's procurement targets.

CalRecycle has set the City’s annual procurement target of 6,709 tons of mulch, or 3,891 tons of compost, a calculation that is based on San Ramon’s 2021 population estimate per the California Department of Finance (83,863). With the phased approach of AB 1985, this means that 1,167 tons of recovered organic compost must be procured by the City in 2023, and 2,529 tons in 2024.

Staff has been looking for ways to comply with this requirement that would be the most affordable and efficient for operations in San Ramon. Below are two very different options that staff has considered.

Option 1: Applying compost/mulch to all public parks and greenspaces Nearby jurisdictions in Northern California are mapping all parks and public greenspaces for compost/mulch application to be compliant with this component of SB 1383. Under this option, the cost of the compost and cost of application of the compost is very high.

For San Ramon, this option is expensive and unsustainable given the sheer quantity that needs to be applied annually.
• Annual target/requirement: 3,891 tons of compost
a) 3,891 tons compost = 5,642 cubic yards compost = 141 large truckloads b) Compost costs approximately $32 per cubic yard, locally c) Given San Ramon’s compliance target, purchasing compost would cost the City $180,544 annually; or $902,720 over five (5) years
• After purchasing the compost:
a) The City would incur significant costs to apply the compost, including labor and equipment.
b) Given the large volume, appropriate application rates, and other limits to application, the City would likely run out of places to place compost without meeting the full goal.

Additional complications to using compost are applications to large, heavily used sports fields.

This includes limited application rates for top dressing purposes and ensuring compatibility of

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the product with the field use. In 2017, the City applied SB 1383-compliant compost to several sports fields to enrich the turf, only to discover after application that the compost was filled with tiny bits of glass. This was an unsafe environment for the City’s field user groups. This application had to be fully removed and the turf had to be reinstalled, all at the expense of the compost provider. This was a lesson that is still being used as an example in SB 1383 compliance around the State.

Option 2: Securing brokering services that sell compost to California farmers Under this option, the City creates an agreement with a compost processor and/or broker that sells compost to farmers around the State. The City can pay for (or subsidize) the compost that is offered to these farmers who are opting to use compost instead of chemical fertilizers and contribute to the California Department of Food and Agriculture’s Healthy Soils Initiative. This option would help to support California farmers who choose to use compost that not only reduces SLCPs but sequesters carbon and improves drought and climate resiliency. These are the main benefits sought under the regulations of SB 1383 and would avoid the need to apply this compost within San Ramon’s jurisdictional limits.

The second option above provides the most affordable and efficient manner to comply with this State requirement.

DISCUSSION
On July 5, 2023, staff advertised the Request for Qualifications to provide Recovered Organic Waste Product Procurement Services. On July 19, 2023, the City received three (3) Statements of Qualifications (SOQs) from the following:

1. California Wood Recycling, Inc., DBA Agromin (Agromin)

2. Napa Recycling and Waste Services (NRWS)

3. Zero Foodprint (ZF)
A selection panel consisting of two City staff members evaluated the statement of qualifications of the three firms. Each firm was rated on the qualifications and experience of brokering compost to farmers in California; the proposed staffing for providing these services both to the City and to the farmers; the price per ton of the recovered compost and associated services to be provided; the proposed approach to providing these services; the responsiveness of the proposal; the firms’ references; and the ability to assist the City in reporting this activity to CalRecycle.

As a result of this process, the panel selected Agromin, as the best fit to respond to the City’s SB 1383 Recovered Organic Waste Procurement Services compliance needs. The costs for procurement of recovered organic waste products will be based on pre-established rates of no more than $23 per ton.

The initial term of the Agreement will be performed under the Senate Bill 1383 Implementation Project (CIP 400010), funded by a grant from CalRecycle. Future funding of the Agreement could be from a mix of CalRecycle grant funds, the Solid Waste Fund, and the rate-setting process with ACI of San Ramon.

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Staff is requesting approval of an Agreement with Agromin for a total cumulative amount not to exceed $353,503, with an initial term ending December 31, 2024, and the option to renew the Agreement for up to four successive one-year terms.

FISCAL ANALYSIS
The FY 2023/24 Capital Budget authorized a Project Budget of $119,217 for the Senate Bill 1383 Implementation Project (CIP 400010). The entire Project is currently funded by a CalRecycle 1383 grant in the amount of $119,217. The initial term and contract amount will be fully funded (through December 31, 2024), for $85,024 under that Project. Future funding will be through 1) anticipated additional CalRecycle SB 1383 grant funds; 2) the Solid Waste Fund; and/or 3) the ACI annual rate-setting process.

STEPS FOLLOWING APPROVAL
The City Attorney’s office will forward the Agreement to California Wood Recycling, Inc., dba Agromin, for execution. Upon receipt of the executed contract documents, certificates 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 documents and all attachments to the Public Works - Public Services Division. A Notice to Proceed will be provided to the contractor. Staff will monitor the contractor’s performance for the duration of the contract.

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RESOLUTION NO. 2023-093

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CALIFORNIA WOOD RECYCLING, INC., DBA AGROMIN, FOR RECOVERED ORGANIC WASTE PRODUCTS PROCUREMENT SERVICES AS PART OF THE SENATE BILL 1383 IMPLEMENTATION PROJECT (CIP 400010) FOR A TOTAL CUMULATIVE AMOUNT NOT TO EXCEED $353,503 THROUGH DECEMBER 31, 2024, WITH THE OPTION TO RENEW THE AGREEMENT FOR UP TO FOUR SUCCESSIVE ONEYEAR TERMS WHEREAS, the City of San Ramon requires Recovered Organic Waste Products Procurement or Brokering Services to meet the City’s Senate Bill No. 1383 (SB 1383) requirement for annual procurement target of compost; and WHEREAS, by securing a renewable agreement for Recovered Organic Waste Products Procurement or Brokering Services, the City of San Ramon can pay for (or subsidize) the compost that is offered to California farmers for using compost instead of chemical fertilizers, which not only reduces short-lived climate pollutants (SLCPs) but sequesters carbon and improves drought and climate resiliency; and
WHEREAS, the City of San Ramon solicited Statement of Qualifications (SOQ) by Request for Qualifications (RFQ) for Recovered Organic Waste Products Procurement Services, as part of the Senate Bill 1383 Implementation Project (CIP 400010) on July 5, 2023, in accordance with the requirements of the City’s Purchasing Policy; and WHEREAS, the City of San Ramon received three (3) Statement of Qualifications; and WHEREAS, after review of the SOQs submitted pursuant to said RFQ, California Wood Recycling, Inc., DBA Agromin’s qualifications on the Project were accepted by the City of San Ramon; and
WHEREAS, California Wood Recycling, Inc., DBA Agromin was determined to be the most qualified respondent, by reason of qualifications, experience and facilities for performing the type of services contemplated herein, and is willing to provide the requested services; and WHEREAS, the costs for procurement of recovered organic waste products will be based on pre-established rates of no more than $23 per ton; and WHEREAS, the adopted Capital Budget for FY 2023/24 contains sufficient funding for work to be completed under this contract and additional funding will be provided by CalRecycle grant funds, the Solid Waste Fund, and/or the rate-setting process with ACI of San Ramon.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the Mayor to execute an Agreement with California Wood Recycling, Inc., DBA Agromin, for Recovered Organic Waste Products Procurement Services as

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part of the Senate Bill 1383 Implementation Project (CIP 400010) for a total cumulative amount not to exceed $353,503 through December 31, 2024, with the option to renew the Agreement for up to four successive one-year terms.

PASSED, APPROVED, AND ADOPTED, at the meeting of August 8, 2023 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
_________________________
Joan Snashall, Acting City Clerk

10.1 Packet Pg. 40

CITY COUNCIL STAFF REPORT
DATE: August 8, 2023
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Joan Snashall, Acting City Clerk
SUBJECT: Consideration for the Formation of a City Council Ad-Hoc Subcommittee to Discuss Establishing a Climate Action Committee or Commission

RECOMMENDED ACTION
Staff recommends the City Council discuss the formation of a City Council ad-hoc committee to consider the creation of a Climate Action committee or commission. Should the council choose to form an ad hoc committee, staff recommends the ad-hoc committee develop a draft purpose, charge, and membership as part of any recommendation for the formation of a committee or commission.

BACKGROUND/DISCUSSION
At the July 25th 2023 City Council meeting, the City Council directed staff to schedule a future agenda item to consider the formation of a City Council ad-hoc subcommittee to discuss the possible creation of a Climate Action committee or commission.

FISCAL ANALYSIS
There is no fiscal impact associated with this item.

STEPS FOLLOWING APPROVAL
If an ad-hoc committee is created, staff will compile information regarding climate action efforts currently implemented and planned for the future. Staff will schedule meetings with the ad-hoc committee to review the information and receive direction regarding recommendations for City Council consideration.

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CITY COUNCIL STAFF REPORT
DATE: August 8, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Prabhjot Dhoot, Transportation Specialist
SUBJECT: Public Hearing – Introduction of Ordinance (Next in Line) Amending Section B8-45 (Increase in Speed Limits) and Authorizing the Public Works Director (Or Designee) to Erect Signs Establishing Speed Limits on Various Streets and Roads

EXECUTIVE SUMMARY
Staff routinely conducts Engineering and Traffic Surveys in accordance with the California Vehicle Code in order to maintain legally enforceable speed limits on City roadways. Changes in traffic patterns or the roadway network occasionally result in the need to establish or adjust speed limits. Such adjustments require an update to the Speed Limit Ordinance. Speed limits that are not maintained according to California State Law cannot be effectively enforced by the San Ramon Police Department (SRPD).

Steps for updating the City’s speed limits include conducting Engineering and Traffic Surveys in accordance with regulations; preparing a draft update to the Speed Limit Ordinance; presenting results to the Transportation Advisory Committee; and presenting the amended Ordinance to the City Council at a Public Hearing for Council adoption.

The results of the Engineering and Traffic Surveys for various segments on the following roadways require an amendment to the Speed Limit Ordinance along with updated speed limit signs to reflect the new speed limit: Albion Road, Bishop Drive, Ivy Leaf Springs Road, South Monarch Road, and Wedgewood Drive.

RECOMMENDED ACTION
Recommendation: Receive the Staff Report, Introduce the Ordinance (Next in Line), Waive the Reading and Read by Title Only, Open the Public Hearing and Take Public Testimony, Close the Public Hearing, Provide Feedback to Staff, and Set the Ordinance for Adoption at the City Council Meeting on September 12, 2023

BACKGROUND
The Traffic and Circulation Element of the City’s General Plan establishes a hierarchy of streets designed to guide motorists through the community, local neighborhoods, and business districts.

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The California Vehicle Code (CVC) governs the setting of the speed limits on all public roadways in California. Contrary to popular belief, the CVC allows local agencies very little discretion for setting posted speed limits. Speed limits in the City are determined by the procedures in the CVC and set by Ordinance. An Engineering and Traffic Survey (E&TS) is performed on each arterial and collector street based on CVC required intervals. The E&TS ensures that the speed limits reflect current traffic conditions and patterns on the existing roadway network. The City’s Speed Limit Ordinance is updated when establishing a speed limit for the first time and when the new E&TS shows a new speed limit is required. The Ordinance was last updated in 2018. A summary of the CVC requirements and procedures for setting speed limits is presented below.

Speed Limit Where No Posted Speed Limit Exists
According to CVC 22352, a Prima Facie speed limit of 25 miles per hour (mph) shall be applicable under the following conditions:

1. On any highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code;

2. When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard “School” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period; and

3. When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard “Senior” warning sign.

Required Procedure for Establishing Posted Speed Limits In order to increase the speed limit of a roadway segment beyond the Prima Facie Speed Limit described above, a speed study, referred to in the CVC as an Engineering and Traffic Survey (E&TS), must be conducted to document the speeds of a sample of drivers within the segment to determine the 85th percentile speed. The speed limit laws in California assume that 85 percent of the travelling public drives at or below a reasonably safe and prudent speed. The 85th percentile speed is the speed at or below which 85 percent of the traffic is moving through the roadway segment.

The CVC also requires that E&TSs be conducted by trained personnel who inconspicuously measure speeds of passing vehicles using a radar device from an unmarked vehicle in order to avoid influencing speeds. The speed measurements must be taken at a location where the prevailing speeds are representative of the roadway segment, and a location selected to minimize the effects of traffic signals and stop signs.

Surveys are conducted during off-peak hours on weekdays when traffic is flowing freely. Each survey should consist of a minimum sample size of 100 vehicles, and no less than 50 vehicles on very low volume roadways. The 85th percentile speed can be determined by plotting each driver’s

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speed within the sample, then excluding the fastest 15 percent of the plotted speeds. The maximum speed of the remaining plotted speeds is the 85th percentile speed. Studies have shown that speed limits posted within 5 mph of the 85th percentile speed produce the best results in terms of overall safety. Consequently, the CVC requires that the posted speed be within 5 mph of the critical speed. Exceptions may only be made for unusual conditions that are not readily apparent to drivers and that are justified by engineering judgment.

Should any government agency in California choose to set speed limits in segments or zones that do not comply with the CVC requirements, they will be considered by the CVC to be “speed traps” and unenforceable by radar. There are other undesirable legal consequences resulting from speed traps that are described in greater detail in the “Analysis” section that follows.

DISCUSSION
E&TSs are required by the CVC to be updated at least every seven (7) years. Updates are required to ensure that speed limits reflect current traffic conditions and patterns on the existing roadway network. New E&TSs have been conducted for all roadway segments within the City’s roadway network that were set to expire pursuant to CVC requirements. Some changes to the roadway network segments as well as changes to speed limits are included in the proposed updated draft Ordinance (attached).

The proposed Ordinance update incorporates the adjustments needed for compliance with the CVC. Staff has also conferred with the City Attorney’s Office and identified the steps for updating the City’s speed limits:

1. Conduct E&TSs in accordance with regulations;

2. Present the information to the City Council;

3. City Council to hold a Public Hearing;

4. City Council to adopt Ordinance;

5. Install street signage to reflect new speed limits; and

6. Enforce speed limits.

Effect of Ordinance Update on Speed Limit Enforceability Without an update to the Speed Limit Ordinance to reflect the changes in speed limits on the City’s transportation network, a significant percentage of the City’s roadway segments would not be in compliance with the CVC and would not be enforceable by radar or other electronic devices. The resulting condition would reflect minimal police presence or speed enforcement.

Furthermore, if speed-related citations are issued using radar along these roadway segments, a challenged citation may be dismissed.

Effect of Ordinance Update on Police in Obtaining Convictions The CVC prohibits the use of speed traps (Section 40801), as well as the use of any evidence obtained by use of a speed trap (Section 40803) for the purpose of prosecution:

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“No evidence as to the speed of a vehicle upon a highway shall be admitted in any court upon the trial of any person in any prosecution under this code upon a charge involving the speed of a vehicle when the evidence is based upon or obtained from or by the maintenance or use of a speed trap.” Thus, SRPD chooses enforcement locations where the greatest impact can be achieved with available resources. Enforcement on roadway segments described in the CVC as a speed trap is not practical, and such zones will not receive enforcement priority. Updating the Speed Limit Ordinance to reflect the prevailing speed limits provides the City’s law enforcement with the tools needed to uphold the health and safety of our roadway users.

Speed Limit Changes
The E&TSs for the following roadway segments have been adjusted and require an amendment to the Speed Limit Ordinance along with updated speed limit signs to reflect the new speed limits:

Roadway Segment From Segment To Existing Speed
Limit
Proposed
Speed Limit
Albion Road Bollinger
Canyon Road
Windemere
Parkway
35 mph 30 mph
Bishop Drive Norris Canyon
Road
Sunset Drive 30 mph 35 mph
Ivy Leaf
Springs Road
South Monarch
Road
Stoneleaf Road 35 mph 30 mph
South
Monarch Road
Bollinger
Canyon Road
Ivy Leaf
Springs Way
35 mph 30 mph
Wedgewood
Drive
North Monarch
Road
Stoneleaf Drive 35 mph 30 mph
The character and physical condition of the segment of Bishop Drive from Sunset Drive to Camino Ramon adjacent to City Center has changed from a collector roadway to a local roadway, which is subject to a prima facie speed limit of 25 mph. An E&TS is not required; therefore, it is not included in the above table.

Transportation Advisory Committee Review
On July 20, 2023, staff presented the Draft Speed Limit Ordinance to the Transportation Advisory Committee (TAC) for discussion. TAC members concurred with staff’s approach to the Ordinance update and expressed support for maintaining valid speed surveys to avoid speed trap conditions.

FISCAL ANALYSIS
Approximately 14 speed limit signs will need to be changed and/or added throughout the City to

10.3 Packet Pg. 45
reflect adjustments in the speed limit at a cost of approximately $1,400 for all signs. The funds for the signs are included in the City’s approved Fiscal Year 2023/2024 budget and equally funded between the Transportation Planning and Traffic Engineering operating budgets. The Division budgets allocate funds that are earmarked for “Work Order” tasks, which includes signage.

STEPS FOLLOWING APPROVAL

1. If the Council adopts the Ordinance at the September 12, 2023 City Council meeting, staff will post the Ordinance in three (3) public places in the City within 15 days after adoption.

2. Transportation staff will issue Work Orders to update signage on all affected roadway segments.

3. The 31st day after adoption, the Ordinance becomes effective, and the San Ramon Police Department can begin enforcement of new speed limits along the City’s roadway segments.

ATTACHMENT
A: Speed Limit Ordinance

10.3 Packet Pg. 46
ORDINANCE NO. (next in line)

ORDINANCE OF THE CITY OF SAN RAMON
AMENDING SECTION B8-45 (INCREASE IN SPEED LIMITS)
OF CHAPTER II (SPEED LIMITS), DIVISION B8 (VEHICLES AND TRAFFIC),

TITLE B (REGULATIONS) OF THE CITY OF SAN RAMON MUNICIPAL CODE

ALLOWING PUBLIC WORKS DIRECTOR (OR DESIGNEE) TO ERECT SIGNS

AND ESTABLISHING SPEED LIMITS ON VARIOUS ROADS AND STREETS THE CITY OF SAN RAMON DOES ORDAIN AS FOLLOWS:

Section 1. Section B8-45, INCREASE IN SPEED LIMITS of Chapter II, SPEED LIMITS of Division 8, VEHICLES AND TRAFFIC of Title B, and REGULATIONS of the Municipal Code of the City of San Ramon is hereby repealed; Section 2. Section B8-45, INCREASE IN SPEED LIMITS of Chapter II, SPEED LIMITS of Division 8, VEHICLES AND TRAFFIC of Title B, and REGULATIONS of the Municipal Code of the City of San Ramon is amended to read as follows:

Section B8-45. Increase In Speed Limits.

A. Thirty Miles Per Hour. The City Council does, upon the basis of an Engineering and Traffic Investigation and after Public Hearing, determine and declare that the orderly movement of vehicular traffic would be facilitated and would be safe within the hereinafter described residence or business district by increasing the prima facie limit of twenty-five (25) miles per hour. Consequently, no person shall drive a vehicle on or along the highway located within the following residence or business district at a speed greater than thirty (30) miles per hour:

Name of Street Description
Albion Road Bollinger Canyon Road to Windemere Parkway
Bollinger Canyon
Road
Crow Canyon Road to Norris Canyon Road
Canyon Lakes Drive Bollinger Canyon Road to End
Fostoria Way East City Limit Line to San Ramon Valley Boulevard Ivy Leaf Springs Road South Monarch Road to Stoneleaf Road Japonica Way North Monarch Road to Ivy Hill Way
Lilac Ridge Road North Gale Ridge Road to Shoreline Drive South Monarch Road Bollinger Canyon Road to Ivy Leaf Springs Road Stagecoach Drive Alcosta Boulevard to South City Limit
Tareyton Avenue Montevideo Drive to Davona Drive
Wedgewood Drive North Monarch Road to Stoneleaf Drive
Westside Drive Alcosta Boulevard to San Ramon Valley Boulevard Westside Drive San Ramon Valley Boulevard to Talus Court

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Packet Pg. 47
Attachment: A: Speed Limit Ordinance (2023-29 : Speed Limit Ordinance Update) B. Thirty-Five Miles Per Hour. The City Council does, upon the basis of an Engineering and Traffic Investigation and after Public Hearing, determine and declare that the orderly movement of vehicular traffic would be facilitated and would be safe within the hereafter described residence or business districts by increasing the prima facie limit of twenty-five (25) miles per hour. Consequently, no person shall drive a vehicle on or along the highways located within the following business districts at a speed greater than thirty-five (35) miles per hour:

C. Forty Miles Per Hour. The City Council does, upon the basis of an Engineering and Traffic Investigation and after Public Hearing, determine and declare that the orderly movement of vehicular traffic would be facilitated and would be safe within the hereafter described forty (40) mile per hour speed zone. Consequently, no person shall drive a vehicle on or along the highway located within the hereinafter described forty (40) mile per hour speed zone at a speed greater than forty (40) miles per hour:

D. Forty-Five Miles Per Hour. The City Council does, upon the basis of an Engineering and Traffic Investigation and after Public Hearing, determine and Name of Street Description
Alcosta Boulevard Veracruz Drive to Fircrest Lane
Alcosta Boulevard San Ramon Valley Boulevard to Fircrest Lane Bishop Drive Norris Canyon Road to Sunset Drive
Camino Ramon Crow Canyon Road to Norris Canyon Road
Deerwood Drive Bollinger Canyon Road to Deerwood Road
Ivy Hill Way Albion Road to Picadilly Square
Norris Canyon Road West City Limit to Bollinger Canyon Road Old Ranch Road Alcosta Boulevard to Dougherty Road
San Ramon Valley Boulevard North City Limit to Norris Canyon Road Stoneleaf Road Wedgewood Drive to Ivy Leaf Springs Road Village Parkway Alcosta Boulevard to Kimball Avenue
Name of Street Description
Alcosta Boulevard Crow Canyon Road to Veracruz Drive
Bollinger Canyon Road North City Limit to Crow Canyon Road Bollinger Canyon Road Norris Canyon Road to San Ramon Valley Boulevard
Bollinger Canyon Road San Ramon Valley Boulevard to Canyon Lakes Drive
Camino Ramon Norris Canyon Road to Bollinger Canyon Road Crow Canyon Road Old Crow Canyon Road to Alcosta Boulevard Deerwood Road Crow Canyon Road to San Ramon Valley Boulevard East Branch Parkway Bollinger Canyon Road to Windemere Parkway North Monarch Road Dougherty Road to Bollinger Canyon Road Norris Canyon Road San Ramon Valley Blvd to Alcosta Boulevard

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Packet Pg. 48
Attachment: A: Speed Limit Ordinance (2023-29 : Speed Limit Ordinance Update) declare that the orderly movement of vehicular traffic would be facilitated and would be safe within the hereafter described forty-five (45) mile per hour speed zone.

Consequently, no person shall drive a vehicle on or along the highway located within the hereinafter described forty-five (45) mile per hour speed zone at a speed greater than forty-five (45) miles per hour:

E. Fifty Miles Per Hour. The City Council does, upon the basis of an Engineering and Traffic Investigation and after Public Hearing, determine and declare that the orderly movement of vehicular traffic would be facilitated and would be safe within the hereafter described fifty (50) mile per hour speed zone. Consequently, no person shall drive a vehicle on or along the highway located within the hereinafter described fifty (50) mile per hour speed zone at a speed greater than fifty (50) miles per hour:

Section 3. Should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.

Section 4. This Ordinance shall take effect the 31st day after adoption. Before the expiration of fifteen (15) days after its adoption, this Ordinance shall be posted in three (3) public places within the City of San Ramon along with the names of the members of the City Council voting for and against the same.

This Ordinance was introduced at the meeting of the City Council of the City of San Ramon on August 8, 2023, and after Public Hearing was adopted on September 12, 2023, by the following vote:

AYES:

NOES:

Name of Street Description
Crow Canyon Road West City Limit to Old Crow Canyon Road Crow Canyon Road Alcosta Boulevard to East City Limit
San Ramon Valley Boulevard Norris Canyon Road to Montevideo Drive San Ramon Valley Boulevard Montevideo Drive to Alcosta Boulevard Windemere Parkway Bollinger Canyon Road to East City Limit Name of Street Description
Bollinger Canyon Road Canyon Lakes Drive to Dougherty Road (north) Bollinger Canyon Road Dougherty Road (north) to Dougherty Road (south) Dougherty Road Crow Canyon Road to Bollinger Canyon Road (north) Dougherty Road Bollinger Canyon Road (north) to Bollinger Canyon Road (south)
Dougherty Road Bollinger Canyon Road (south) to South City Limit

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Packet Pg. 49
Attachment: A: Speed Limit Ordinance (2023-29 : Speed Limit Ordinance Update) ABSENT:

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

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Packet Pg. 50
Attachment: A: Speed Limit Ordinance (2023-29 : Speed Limit Ordinance Update)

San Ramon City CouncilAugust 8, 2023

San Ramon City Council
August 8, 2023