San Ramon City Council
November 14, 2023

CITY COUNCIL AGENDA
November 14, 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 Council Chamber
7000 Bollinger Canyon Road
REGULAR MEETING – 7:00 PM
Agenda Questions: Please contact the City Clerk (925) 973-2539 or [email protected] Please refer to the end of the agenda to review options for participation in the meeting.

Unless stated otherwise on the agenda, every item on the agenda is exempt from CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065.

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.

4. PUBLIC COMMENT
Members of the audience are encouraged to address the City Council on any non-agenda item relating to the business of the City Council. Comments are limited to three (3) minutes, or less time if a large number of speakers are anticipated. A speaker may not allocate their time to another speaker. All remarks shall be addressed to the City Council.

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 during this Public Comment period. No Council action can be taken at this meeting on issues raised during public comment. 2 City Council Meeting – November 14, 2023
During public comment, members of the public are permitted to address the City Council only on the following:
 Any non-agenda item relating to the business of the City Council.  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.

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

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

5.1 Minutes of the City Council Regular Meeting and Closed Session - Oct 24, 2023 Recommendation: Accept Minutes

5.2 Resolution No. 2023-115 - Accepting the Work by JD Partners Concrete for Curb Ramp Construction and Miscellaneous Concrete Repairs for Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and Other CIPs), and Authorizing the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder’s Office
Recommendation: Approve Resolution No. 2023-115

5.3 Resolution No. 2023-116 - Authorizing the Mayor to Execute Amendment No. 4 to the Agreement with HF&H Consultants, LLC (C2017-045) for As-Needed Solid Waste Consulting Services, for a One-Year Extension through December 31, 2024
Recommendation: Approve Resolution No. 2023-116

5.4 Resolution No. 2023-117 - Authorizing the Purchase of a Three-Year Hyperconverged Virtual Appliance Subscription for the City Network with ReDesign for a Total Cumulative Amount Not to Exceed $172,620 Recommendation: Approve Resolution No. 2023-117
3 City Council Meeting – November 14, 2023

5.5 Resolution No. 2023-118 - Authorizing the Purchase of Microsoft 365 Subscription Licenses and Microsoft Azure Cloud Storage Space from Carahsoft for a Total Two-Year Cumulative Amount Not to Exceed $247,992 Recommendation: Approve Resolution No. 2023-118

5.6 Resolution No. 2023-119 - Adopting the San Ramon Priority Access System Policy for City-Funded Housing Projects
Recommendation: Approve Resolution No. 2023-119

5.7 Resolution No. 2023-120 - Approving the Sixth Amendment to the Agreement for Employment of the City of San Ramon City Attorney and Authorizing the Mayor to Sign the Agreement
Recommendation: Approve Resolution No. 2023-120

6. SPECIAL PRESENTATIONS

6.1 Proclamation Declaring 2023 as the San Ramon Chamber of Commerce 40th Anniversary. Presented to Heidi Kenniston-Lee, President and CEO and Mino Sastry, Chamber Board Chair.

7. DEFERRED CONSENT ITEMS

8. UNFINISHED BUSINESS

9. NEW BUSINESS

9.1 Resolution No. 2023-121 - Accepting the Report by BayPac Consult Inc.

Regarding the Bridge Type for the Crow Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing (CIP 905531), Providing Direction to Staff with Regard to the Preferred Type, and Appropriating $259,121 from the General Fund to CIP 905531 for a Total Project Budget of $2,534,471
Recommendation: Approve Resolution No. 2023-121
Staff Report by Robin Bartlett, Public Works Division Manager

9.2 Public Hearing: Introduction of Ordinance (Next in Line) Amending Chapter XIII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code to Require the Safe Storage of Firearms in a Residence
Recommendation: Staff Recommends that the City Council Introduce the Ordinance, Waive the Reading, Open the Public Hearing, Take Public Testimony, Provide Feedback to Staff, Close the Public Hearing, And, if Appropriate, Make a Motion to Set the Ordinance for Adoption at the November 28, 2023 City Council Meeting.

Staff Report by Martin Lysons, City Attorney and Denton Carlson, Police Chief 4 City Council Meeting – November 14, 2023

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

MATTERS INITIATED

10.1 Discussion of Cancellation of December 26, 2023 City Council Meeting

11. ADJOURNMENT
I hereby certify the agenda was posted 72 hours before the noted meeting. This agenda is posted in accordance with Government Code Section 54954.2(a).

Dated: November 9, 2023
HOW TO VIEW OR PARTICIPATE IN THE MEETING:

The public is invited to participate in the meeting using any of the following methods:

1. IN-PERSON
San Ramon City Hall, Council Chamber, 7000 Bollinger Canyon Road Members of the public can provide in-person comments in the Council Chambers.

To make a request for disability-related accommodation to participate in the meeting, please contact the City Clerk’s Office 48 hours in advance of the meeting.

2. WRITTEN COMMUNICATION BY EMAIL
Public comments may be submitted via e-mail to [email protected]. Any public comments received up until two (2) hours prior to the scheduled start time of the meeting will be distributed to the City Council, provided at the meeting in the red binder, and posted online at https://www.sanramon.ca.gov/public_comment.

Written comments received after the cut-off time will be provided to the City Council the day following the meeting.

Please include “Public Comment” in the subject line. In the body of the email please include your name and the item you wish to comment on. Written public comment will not be read aloud during the meeting.

3. TO VIEW OR LISTEN ONLY
As a courtesy and technology permitting, the public will have the opportunity to view the meeting via one-way feed by the options below. However, the City cannot guarantee that the public’s remote access to any meeting will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments prior to the meeting or to attend the meeting in person.
5 City Council Meeting – November 14, 2023
a. Zoom: https://cityofsanramon.zoom.us/j/96473616571
Webinar ID: 964 7361 6571
b. Zoom Phone Number: +1 (669) 900-6833
c. The City’s YouTube Channel: www.sanramon.ca.gov/YouTube 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).

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:
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.

While the City of San Ramon ensures the First Amendment rights of its citizens, we do not accept nor endorse any offensive or hateful comments made during our meetings. The City of San Ramon celebrates the diversity of our community, and we strive to be a welcoming and open community for all.

MINUTES OF THE

CITY OF SAN RAMON

CITY COUNCIL MEETING
October 24, 2023

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

Also in attendance: City Manager Steven Spedowfski, City Attorney Martin Lysons, City Clerk Christina Franco, Planning Services Division Manager Lauren Barr, Police Chief Denton Carlson, Public Works Director Maria Fierner.

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.

4. PUBLIC COMMENT
Public comment was received from Oswaldo Ocequeda.

5. CONSENT CALENDAR
Cm. Perkins' motion to approve consent calendar items 5.1-5.11 and the title of Ordinance 520 has been read was seconded by Cm. Rubio. The motion passed 5-0-0-0.

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

5.1 Minutes of the City Council Regular Meeting - October 10, 2023 Recommendation: Accept Minutes

5.2 Register of Demands as Presented by the City Treasurer (Period Ending September 30, 2023)
Recommendation: Approve Register of Demands
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

5.1 Packet Pg. 5
Minutes Acceptance: Minutes of Oct 24, 2023 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – October 24, 2023

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

5.4 Resolution No. 2023-107 - Updating the City of San Ramon’s Board Member and Alternative Board Member to the Municipal Pooling Authority of Northern California's Board of Directors
Recommendation: Approve Resolution No. 2023-107

5.5 Resolution No. 2023-108 - Approving Amendment No. 4 to the Memorandum of Understanding with the San Ramon Police Officers' Association, Which Authorizes an Additional Patrol Shift Schedule
Recommendation: Approve Resolution No. 2023-108

5.6 Resolution No. 2023-109 - Accepting Certain Roadway Dedications and Improvements in Subdivision 9300 for Maintenance (Shapell Industries, Inc./Toll Brothers)
Recommendation: Approve Resolution No. 2023-109

5.7 Resolution No. 2023-110 - Authorizing Submittal of Applications for CalRecycle Grants
Recommendation: Approve Resolution No. 2023-110

5.8 Resolution No. 2023-111 - Authorizing the Mayor to Execute an Agreement with O’Grady Paving, Inc. for On-Call Pothole and Miscellaneous Pavement Repairs in an Amount Not to Exceed $499,999, an Agreement Term through December 31, 2025, and with the Option to Renew the Agreement for Up to One Succeeding, One-Year Term
Recommendation: Approve Resolution No. 2023-111

5.9 Resolution No. 2023-112 - Authorize the Mayor to Execute Amendment No. 1 to the Agreement (C2022-053) with West Coast Code Consultants, Inc. for Staffing and Plan Check Services, Increasing the Amount of the Agreement by $800,000 for a Total Amount Not to Exceed $1,600,000 and Extend the Contract through June 30, 2026
Recommendation: Approve Resolution No. 2023-112

5.10 Resolution No. 2023-113 - Approving One Full-Time Two-Year Limited Term Office Specialist and One Full-Time Two-Year Limited Term Plans Examiner Recommendation: Approve Resolution No. 2023-113

5.11 Ordinance 520 - Repealing and Replacing Chapter XII (Inclusionary Housing (Residential Development Projects)) of Title C (Construction, Development and Land Use), Division C4 (Land Development) of the San Ramon Municipal Code

5.1 Packet Pg. 6
Minutes Acceptance: Minutes of Oct 24, 2023 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – October 24, 2023
Recommendation: Waive the Second Reading and Read by Title Only, and Adopt the Ordinance. 520

6. SPECIAL PRESENTATIONS

6.1 Recognition of the 2023 Planning Academy Graduates. Introduction by Lauren Barr, Planning Services Division Manager.

Sara Ali, Rohit Anumula, Erzhena Batudaeva, Roger Bergman, Robert Bickel, Chris Carson, Sara Gao, Patricia Gilchrist, Sandra March, Rob Maser, Marguerite Mazzitti, Claire Ona, Rosa Poon, Udaya Rajbhandari, Ramya Shenoy, Bernard Szalaj, Tomomi Yamamoto, Lino Velo, Kenny Vuong

6.2 Introduction of Newly Promoted Police Captain, John Cranford Introduction by Denton Carlson, Police Chief

7. DEFERRED CONSENT ITEMS

8. UNFINISHED BUSINESS

9. NEW BUSINESS

9.1 Resolution No. 2023-114 - Authorizing the Exception to the 180-Day Waiting Period Under Government Code Sections 7522.56 & 21221(H) for the Hiring of a CalPERS Annuitant and the Temporary Appointment of Darlene Amaral as a Recent CalPERS Annuitant to Complete Special Projects and Critical Tasks in the Transportation Division of the Public Works Department
Recommendation: Approve Resolution No. 2023-114
Staff report by Maria Fierner, Public Works Director.

Cm. Verose's motion to approve Resolution No. 2023-114, authorizing the Exception to the 180-Day Waiting Period Under Government Code Sections 7522.56 & 21221(H) for the Hiring of a CalPERS Annuitant and the Temporary Appointment of Darlene Amaral as a Recent CalPERS Annuitant to Complete Special Projects and Critical Tasks in the Transportation Division of the Public Works Department, was seconded by Cm. Perkins.

The motion passed 5-0-0-0.

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

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

MATTERS INITIATED

5.1 Packet Pg. 7
Minutes Acceptance: Minutes of Oct 24, 2023 7:00 PM (CONSENT CALENDAR) 4 City Council Meeting – October 24, 2023

11. CLOSED SESSION

11.1 Convene to Closed Session Pursuant to California Government Code § 59457 to Perform the Evaluation of the City Attorney.

The City Council convened to closed session at 7:47 p.m.

11.2 Report on Closed Session
The City Council returned from closed session at 8:55 p.m.

The Mayor reported the following;
By a 5-0 vote, the City Council direct staff to bring an amendment to City Attorney Martin Lysons' contract for review and approval in open session. The contract amendment shall reflect a salary increase of 6% beginning on the effective date of the amendment, September 25, 2023. The amendment will be brought before the Council for review and approval at the November 14, 2023 meeting.

12. ADJOURNMENT
The meeting was adjourned at 8:55 p.m.

5.1 Packet Pg. 8
Minutes Acceptance: Minutes of Oct 24, 2023 7:00 PM (CONSENT CALENDAR)

CITY COUNCIL STAFF REPORT
DATE: November 14, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Suzy Edwards, Associate Engineer
SUBJECT: RESOLUTION NO. 2023-115 - Accepting the Work by JD Partners Concrete for Curb Ramp Construction and Miscellaneous Concrete Repairs for Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and Other CIPs), and Authorizing the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder’s Office

EXECUTIVE SUMMARY
On May 24, 2022, City Council adopted Resolution No. 2022-071, authorizing a construction agreement (C2022-029) with JD Partners Concrete for Curb Ramp Construction and Miscellaneous Concrete Repairs for the Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and other CIPs), including contingencies in an amount not to exceed $890,000. On October 25, 2022, City Council adopted Resolution No. 2022-129 authorizing Amendment No. 1 to Agreement C2022-029, authorizing an additional $260,000 for a total cumulative contract amount of $1,150,000 and extending the contract term through June 30, 2023. JD Partners Concrete has completed the work within the time specified in the contract documents and within the authorized budget amount.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, accepting the work by JD Partners Concrete for Curb Ramp Construction and Miscellaneous Concrete Repairs for the Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and other CIPs), as complete and authorizing the City Clerk to file a Notice of Completion with the Contra Costa County Clerk Recorder's Office (Attachment A).

BACKGROUND
The Pavement Management Program (PMP) was developed as part of a Citywide Program to provide street maintenance on an annual basis. By performing this maintenance frequently and systematically, the City minimizes long-term maintenance costs associated with complete reconstruction of failed pavement and maintains a higher quality throughout the life of the pavement. Two recent projects included in the City’s PMP were the Pavement Management 2022 Project (CIP 000005) and Pavement Management 2023 Project (CIP 000008).

5.2 Packet Pg. 9
Americans with Disabilities Act (ADA) Compliance
In 2013, the Department of Justice (DOJ) and the Department of Transportation (DOT) issued ADA requirements to provide or upgrade curb ramps when streets, roads, or highways are altered through resurfacing. The two projects, Pavement Management 2022 Project (CIP 000005) and Pavement Management 2023 Project (CIP 000008), triggered upgrades of approximately 130 curb ramps.

Cost Saving Strategies
In 2018, staff began implementing new strategies to improve cost-effectiveness in the Pavement Management Program. One of these strategies was to combine all required ADA curb ramps for pavement projects into a single concrete construction and repair contract and obtaining better unit costs by an economy of scale. In line with this strategy, on May 24, 2022, City Council adopted Resolution No. 2022-071 authorizing a construction Agreement (C2022-029) with JD Partners Concrete for Curb Ramp Construction and Miscellaneous Concrete Repairs for the Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and other CIPs), including contingencies in an amount not to exceed $890,000. On October 25, 2022, City Council adopted Resolution No. 2022-129 authorizing the Mayor to execute Amendment No. 1 to Contract C2022-029 for an additional $260,000, for a total cumulative contract amount of $1,150,000 and extending the contract term through June 30, 2023.

DISCUSSION
The contractor completed the work within the time specified in the contract documents and within the authorized budget amount. Acceptance of the Project will initiate the 30-day Stop Notice period after the recording of the Notice of Completion, as required by law.

FISCAL ANALYSIS
The total authorized amount for the Construction Agreement (C2022-029) with JD Partners Concrete was $1,150,000. The total expenses and corresponding Project funding sources of this contract are as follows:

Project Funding Source Amount
Pavement Management 2022 Project - CIP 000005 $206,560
Pavement Management 2023 Project - CIP 000008 $900,854
Total $1,107,414

STEPS FOLLOWING APPROVAL
The City Clerk will file a Notice of Completion with the Contra Costa County Clerk Recorder’s Office. Upon completion of the posting period, the City will release the contract retention funds.

5.2 Packet Pg. 10

ATTACHMENT
A: Notice of Completion - JD Partners Concrete

5.2 Packet Pg. 11
RESOLUTION NO. 2023-115

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

ACCEPTING THE WORK BY JD PARTNERS CONCRETE FOR CURB RAMP

CONSTRUCTION AND MISCELLANEOUS CONCRETE REPAIRS FOR PAVEMENT MANAGEMENT 2022 AND 2023 PROJECTS AND OTHER CURB RAMP LOCATIONS AS-NEEDED (CIP 000005, CIP 000008, AND OTHER CIPS), AND AUTHORIZING THE

CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE CONTRA COSTA COUNTY CLERK RECORDER’S OFFICE
WHEREAS, the City desired to perform curb ramp construction and miscellaneous concrete repairs for the Pavement Management 2022 and 2023 Projects and other Curb Ramp Locations as needed (CIP 000005, CIP 000008, and other CIPs); and WHEREAS, on May 24, 2022, City Council adopted Resolution No. 2022-071, authorizing a Construction Agreement (C2022-029) with JD Partners Concrete for Curb Ramp Construction and Miscellaneous Concrete Repairs for the Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and other CIP Projects), including contingencies in an amount not to exceed $890,000; and WHEREAS, on October 25, 2022, City Council adopted Resolution No. 2022-129 authorizing the Mayor to execute Amendment No. 1 to Agreement C2022-029 for an additional $260,000, for a total cumulative contract amount of $1,150,000 and extending the contract term through June 30, 2023; and
WHEREAS, the total construction cost of the Curb Ramp Construction and Miscellaneous Concrete Repairs for the Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and other CIPs) by JD Partners Concrete is $1,107,414; and
WHEREAS, the work performed by JD Partners Concrete for Curb Ramp Construction and Miscellaneous Concrete Repairs for the Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and other CIPs) is now complete and ready for acceptance by City Council.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon hereby accepts the work by JD Partners Concrete for Curb Ramp Construction and Miscellaneous Concrete Repairs for the Pavement Management 2022 and 2023 Projects and Other Curb Ramp Locations As-Needed (CIP 000005, CIP 000008, and other CIPs) as complete and authorizes the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office.

PASSED, APPROVED AND ADOPTED at the meeting of November 14, 2023 by the following votes:

5.2 Packet Pg. 12
AYES:

NOES:

ABSENT:

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

5.2 Packet Pg. 13
RECORDING REQUESTED BY:

City of San Ramon
WHEN RECORDED RETURN TO:

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

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

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

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

2. Entered into a written contract with:

JD Partners Concrete
6645 Amber Lane
Pleasanton, CA 94566
June 23, 2022
(Contract Date)

3. Brief Description of the Project:

The work performed by JD Partners Concrete under the Pavement Management 2022 and the Pavement Management 2023, included curb ramp construction, curb ramp upgrades, and miscellaneous concrete repairs to sidewalk, curb, gutter, and valley gutters within the limits of the two Projects.

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

November 14, 2023*

5. The surety on said contract was held by:

Argonaut Insurance Company
20335 Ventura Blvd, Suite 426
Woodlands Hills, CA 91364
CMGP00005722
(Bond No.)
I HEREBY CERTIFY, under penalty of perjury, that the facts set forth in the foregoing Notice of Completion are true and correct.

Dated:

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

5.2.a
Packet Pg. 14
Attachment: A: Notice of Completion - JD Partners Concrete (2023-115 : Accepting the Work by JD Partners Concrete)

CITY COUNCIL STAFF REPORT
DATE: November 14, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Kerry Parker, Public Works Program Manager
SUBJECT: RESOLUTION NO. 2023-116 - Authorizing the Mayor to Execute Amendment No. 4 to the Agreement with HF&H Consultants, LLC (C2017- 045) for As-Needed Solid Waste Consulting Services, for a One-Year Extension through December 31, 2024

EXECUTIVE SUMMARY
Since July 2017, HF&H Consultants, LLC (HF&H) has been providing consulting services for the City of San Ramon for solid waste and recycling related issues primarily associated with creation, monitoring, and any updates to the 15-year hauling contract with Alameda County Industries of San Ramon (ACI) that was adopted on November 5, 2018. The current agreement with HF&H has a not-to-exceed compensation amount of $583,000. ACI reimburses the City for any of these costs through the annual rate adjustment process. To date, almost 90% of the full contract amount remains available; however, in order to continue consultant support for the next rate review, the term of the Agreement needs to be extended through December 31, 2024. This Amendment extends the term of the Agreement to December 31, 2024, with no increase to the contract amount.

RECOMMENDED ACTION
Staff recommends adoption of this Resolution, authorizing the Mayor to execute Amendment No. 4 with HF&H Consultants, LLC (C2017-045) for as-needed solid waste consulting services, for a one-year extension through December 31, 2024.

BACKGROUND/DISCUSSION
Staff issued a Request for Proposals (RFP) for solid waste consulting services on March 1, 2017.

The City selected HF&H through a competitive process, which included responses from four proposers. On June 13, 2017, the City Council adopted Resolution No. 2017-55, authorizing the Mayor to execute an Agreement with HF&H for as-needed solid waste consulting services in a cumulative four-year total not to exceed $200,000 through June 30, 2021.

On September 11, 2018, the City Council adopted Resolution 2018-103, authorizing Amendment No. 1 to the Agreement for a new cumulative total not to exceed $258,000 and appropriating

5.3 Packet Pg. 15
$20,000 from the Solid Waste Fund (Fund 384) to the FY 2018/19 Solid Waste Program Operating Budget.

On January 26, 2021, the City Council adopted Resolution No. 2021-026, authorizing the Mayor to execute Amendment No. 2 to the existing Agreement in an additional amount not to exceed $325,000 and a cumulative contract amount of $583,000, extending the term through December 31, 2022; and appropriating $175,000 from the Solid Waste Fund (Fund 384) to the FY 2020/21 Solid Waste Program Operating Budget. Amendment No. 2 authorized the additional amount of $325,000 for HF&H to continue consultant support related to a cost review for issues associated with COVID-19.

On November 22, 2022, the City Council adopted Resolution No. 2022-137 authorizing the Mayor to execute Amendment No. 3 to the existing Agreement and maintained the cumulative contract amount of $583,000 for a one-year extension through December 31, 2023.

The solid waste franchise agreement with ACI includes provisions for annual rate reviews, most of which are index-based, while some are scheduled cost-based reviews. ACI submitted a rate application on October 2, 2023, for the index-based rate evaluation for rates to be adopted for Rate Period 5, which begins January 1, 2024. Index-based rate reviews are a combination of an averaged index value, fuel rates, disposal costs; and this review is anticipated to cost approximately $20,000. This rate review will determine that rates are appropriate and provide an 11% profit. The costs for both an extraordinary rate review and normal rate reviews are subject to reimbursement to the City by ACI. Amendment No. 3 is set to expire on December 31, 2023.

To continue consultant support for the next rate review (Rate Period 6 index-based adjustment), the term of the Agreement needs to be extended through December 31, 2024, with no increase to the contract amount. Staff anticipates completing a new procurement process for solid waste oncall consulting services in the next year.

FISCAL ANALYSIS
The costs for audits necessary for the rate reviews will be subject to reimbursement to the Solid Waste Fund. There is $508,180 available within the contract. Therefore, there are no fiscal impacts to the General Fund from this Amendment or the anticipated expenditures under this contract. ACI will incorporate any reimbursement through the annual rate review.

STEPS FOLLOWING APPROVAL
The City Attorney’s Office will forward Amendment No. 4 to HF&H for execution. Upon receipt of the executed Amendment, certificates of insurance, and a copy of a current City business license from the vendor, the City Attorney’s office will send a copy of the executed Amendment and all attachments to the Public Works - Public Services Division.

5.3 Packet Pg. 16
RESOLUTION NO. 2023-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 4 TO THE AGREEMENT WITH HF&H CONSULTANTS, LLC (C2017-045) FOR AS-NEEDED

SOLID WASTE CONSULTING SERVICES, FOR A ONE-YEAR EXTENSION THROUGH DECEMBER 31, 2024
WHEREAS, the City Council authorized the Mayor to enter into an agreement with HF&H Consultants, LLC (C2017-045) for as-needed solid waste consulting services by adopting Resolution No. 2017-055 on June 13, 2017 in an amount not to exceed $200,000; and WHEREAS, the City Council authorized the Mayor to enter into Amendment No. 1 to the Agreement with HF&H Consultants, LLC for as-needed solid waste consulting services by adopting Resolution No. 2018-103 on September 11, 2018 in an amount not to exceed $58,000 for a total contract amount not to exceed $258,000; and WHEREAS, the City Council authorized the Mayor to enter into Amendment No. 2 to the Agreement with HF&H Consultants, LLC for as-needed solid waste consulting services by adopting Resolution No. 2021-026 on January 26, 2021 in an amount not to exceed $325,000 and for a total contract amount not to exceed $583,000; and WHEREAS, the City Council authorized the Mayor to enter into Amendment No. 3 to the Agreement with HF&H Consultants, LLC for as-needed solid waste consulting services by adopting Resolution No. 2022-137 on November 22, 2022 extending the term of the Agreement through December 31, 2023 with no increase to the contract amount; and WHEREAS, the City requires an index-based rate review to be performed in 2024 to set the rates for 2025; and
WHEREAS, in order to continue consultant support for the next rate review (Rate Period 6 index-based adjustment), the City must extend the term of the Agreement with HF&H Consultants, LLC through December 31, 2024; and
WHEREAS, Alameda County Industries (ACI) will reimburse the City for the costs of rate reviews through the annual rate adjustment process.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the Mayor to execute Amendment No. 4 with HF&H Consultants, LLC (C2017-045) for as-needed solid waste consulting services, for a one-year extension through December 31, 2024.

PASSED, APPROVED AND ADOPTED at the meeting of November 14, 2023 by the following votes:

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AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk

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CITY COUNCIL STAFF REPORT
DATE: November 14, 2023
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Rick Maria, Information Technology Division Manager SUBJECT: RESOLUTION NO. 2023-117 - Authorizing the Purchase of a Three-Year Hyperconverged Virtual Appliance Subscription for the City Network with ReDesign for a Total Cumulative Amount Not to Exceed $172,620

EXECUTIVE SUMMARY
The City of San Ramon has been utilizing a state-of-the-art hyperconverged virtual system from Dell Technologies for the last six years to provide the platform for the City’s virtual servers and appliances. The platform hardware is approaching the end of support due to its age. At end of support, Dell will no longer provide technical support or provide further security patches. Dell’s new Apex subscription model combines hardware, software licensing and technical support into a subscription-based model. The Apex subscription is a three-year subscription that can be renewed annually after an initial three-year term.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, authorizing the purchase of the Apex subscription for the new hardware, software licensing and support for the three-year term at a cost not to exceed $172,620.

BACKGROUND/DISCUSSION
The City of San Ramon has two main data centers, one located in City Hall and the other within the Police Department. The City employs a hyperconverged infrastructure in both locations. The platform at City Hall is a few years older and the hardware nodes are approaching their end of life (i.e. end of support) in a few months. The City has the option of purchasing new hardware nodes to bring the existing system to current standards or to go with the new Apex subscription model. The Apex model includes the new hardware, the virtual system licenses, and hardware and software support from Dell. If going with the purchase option, the City will continue to pay annually for the virtual licenses as well as support from Dell. Dell calculated the total cost of ownership comparing the purchase option with the Apex subscription. Based on their calculations, the City will save approximately $47,316 with the Apex subscription model over the three-year term of the contract.

In conformance with City Purchasing Ordinance 479, Section A7-16, City staff obtained three

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competitive quotes for purchase of the Apex subscription for the three-year period and selected reDesign as the most advantageous to the City and the low bidder.

FISCAL ANALYSIS
Purchase of the Apex subscription which includes new hardware, associated licenses and support services for a three-year total of $172,620. The purchase will be paid in three annual installments, funded from the City of San Ramon Information Technology Annual Operating Budget in the amount of $57,540 per year, which amounts are already budgeted in the FY 2023/24 budget.

STEPS FOLLOWING APPROVAL
If approved, the Information Technology Department will proceed with the purchase and installation of the hyperconverged appliance for City Hall.

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RESOLUTION NO. 2023-117

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

AUTHORIZING THE PURCHASE OF A THREE-YEAR HYPERCONVERGED

VIRTUAL APPLIANCE SUBSCRIPTION FOR THE CITY NETWORK WITH REDESIGN FOR A TOTAL CUMULATIVE AMOUNT NOT TO EXCEED $172,620 WHEREAS, the City of San Ramon’s currently installed hyperconverged infrastructure is the core platform for the City’s virtual servers, it is approaching end-of-life and needs to be updated; and
WHEREAS, the purchase of this subscription will provide the City with industry standard hardware that will be supported by Dell; and
WHEREAS, the Information Technology Department received three competitive quotes for a three-year Dell Apex subscription and have selected the reseller reDesign, determined to be the most advantageous to the City as the low bidder; and WHEREAS, the three-quote process satisfies the competitive bid requirements of the City’s Purchasing Policy.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the City Manager to execute an agreement for the purchase of the Dell Apex subscription from the reseller reDesign for City Hall for a three-year total cumulative amount not to exceed $172,620.

PASSED, APPROVED AND ADOPTED at the meeting of November 14, 2023 by the following votes:

AYES:

NOES:

ABSENT:

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

5.4 Packet Pg. 21

CITY COUNCIL STAFF REPORT
DATE: November 14, 2023
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Rick Maria, Information Technology Division Manager SUBJECT: RESOLUTION NO. 2023-118 - Authorizing the Purchase of Microsoft 365 Subscription Licenses and Microsoft Azure Cloud Storage Space from Carahsoft for a Total Two-Year Cumulative Amount Not to Exceed $247,992

EXECUTIVE SUMMARY
The City of San Ramon migrated to Microsoft 365 approximately one year ago to enhance collaboration, in order to standardize the Microsoft Office versions across the City and enhance the ability for staff to work remotely. The initial license agreement expires on December 29, 2023. The licensing agreements are renewed annually with the license costs locked in for the first three years.

RECOMMENDED ACTION
Staff recommends approval of the Resolution, authorizing the renewal of the Microsoft 365 subscription licenses and Microsoft Azure Cloud Storage for Fiscal Years 2023-24 and 2024-25 for a cost not to exceed $247,992.

BACKGROUND/DISCUSSION
For many years, the City of San Ramon had been using a local Microsoft Exchange email server to provide email services to staff with various versions of Microsoft Office installed locally on each computer system. During this time, remote access to the City network was limited to a few management staff. When the pandemic forced most staff to work remotely, the City had to come up with a solution to accommodate these remote workers and provide them with the collaboration tools they needed to be productive.

Staff worked quickly to secure remote access to the network, and once complete, they began plans to move to Microsoft 365. The infrastructure was configured, and user migration started in January of 2023. The City now has email hosted in Microsoft’s 365 cloud environment and all Office versions have been standardized across the City. Microsoft Teams is now being utilized to collaborate for meetings, files, and application sharing. Moreover, there are many other collaboration tools available that are starting to be utilized.

Microsoft’s platform is redundant to guard against data loss but provides no guarantees. To

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mitigate this risk, the City uses cloud storage in Microsoft Azure as a location to store backups.

This storage is also procured through Carahsoft, as they are the registered vendor with Microsoft for our 365 licenses.

The initial first-year licensing for Microsoft 365 was acquired from Carahsoft and is currently in place. This initial first-year licensing was not brought forth to the Council as the cost did not meet the Purchasing Policy threshold of $100,000. The cost of the first-year licensing was $94,977. In conformance with City Purchasing Ordinance 479, Section A7-16, staff obtained three competitive quotes to extend that licensing for an additional two years. These are annual agreements that allow the City to renew each year at that fixed cost.

FISCAL ANALYSIS
Renewal of the Microsoft 365 licenses for Fiscal Years 2023-24 and 2024-25 along with the Azure cloud storage for two years will not exceed a total cost of $247,992. The purchase will be paid annually for each fiscal year. The purchase will be funded from the City of San Ramon Information Technology Equipment Replacement Software Fund in the amount of $123,996 per year, which amounts are already budgeted in the FY 2023-24 budget.

STEPS FOLLOWING APPROVAL
If approved, the Information Technology Department will proceed with the renewal of the Microsoft 365 licensing.

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RESOLUTION NO. 2023-118

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE PURCHASE OF MICROSOFT 365 SUBSCRIPTION LICENSES

AND MICROSOFT AZURE CLOUD STORAGE SPACE FROM CARAHSOFT FOR A TOTAL TWO-YEAR CUMULATIVE AMOUNT NOT TO EXCEED $247,992 WHEREAS, the City of San Ramon, prior to 2023, used Microsoft Exchange email servers to provide email services to staff. This allowed for various versions of Microsoft Office to be installed locally to each individual computer system; and WHEREAS, the Pandemic required the City to provide remote work capability, the City needed a solution to standardize the use of Microsoft Office and allow staff to collaborate more effectively while remote; and
WHEREAS, the City determined that upgrading from Microsoft Exchange Servers to Microsoft 365 was the most advantageous, allowing for a more standardized collaboration and industry standard use of Microsoft Office; and
WHEREAS, the Information Technology Department received three competitive quotes for Microsoft 365 licenses, Carahsoft was determined to be the most advantageous to the City, as the low bidder and a Microsoft-registered vendor, thus satisfying the competitive bid requirements of the City’s Purchasing Policy; and
WHEREAS, the City for FY 2022-2023 entered into a one-year term Agreement with Carahsoft, to supply Microsoft 365 Licenses in the amount of $94,977.40, which did not meet the $100,000 Purchasing Policy threshold to bring forth for Council approval; and WHEREAS, the City has a need and desires to renew its Microsoft 365 licenses for an additional two-year term; and
WHEREAS, the purchase of this licensing is already included in the FY 2023-24 Adopted Budget and will allow the city to continue using its Microsoft resources.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the City Manager to execute an agreement to purchase Microsoft 365 licenses and Azure cloud storage from Carahsoft for a two-year total cumulative amount not to exceed $247,992.

PASSED, APPROVED AND ADOPTED at the meeting of November 14, 2023 by the following votes:

AYES:

NOES:

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ABSENT:

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

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CITY COUNCIL STAFF REPORT
DATE: November 14, 2023
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Cindy Yee, Senior Planner
SUBJECT: RESOLUTION NO. 2023-119 - Adopting the San Ramon Priority Access System Policy for City-Funded Housing Projects

RECOMMENDED ACTION
Approve a Resolution adopting the proposed Priority Access System Policy for City-funded housing projects.

EXECUTIVE SUMMARY
San Ramon is in the process of developing a workforce housing priority access system. The policy would identify groups the City would like to give priority access to when new affordable (workforce) housing is partially or fully funded by the City. Upon determining the groups for priority access, Staff will develop and prepare the policy for consideration by the City Council.

BACKGROUND/DISCUSSION
San Ramon’s recently certified Housing Element directs the City to “develop a workforce housing priority access system that identifies households best served with priority access to City housing programs” (General Plan Implementation Policy 11.5-1-10). The General Plan identifies that the priority access system should consider groups such as public service employees, first responders, veterans of the armed forces, single heads of household, persons with disabilities and seniors. Such a priority access system would allow such groups to have weighted priority access to programs such as new affordable (workforce) housing. The purpose of preferences is to determine the order in which eligible applicants receive priority to rent or purchase available affordable housing units, including units developed with City subsidy. Typically, priority preferences are weighted, meaning that those meeting a preference(s) will give a housing applicant a higher ranking on a housing eligibility list than those that do not meet a preference.

Applicants who do not qualify for any preferences are ranked lower than applicants who qualify for at least one preference.

Staff has determined that there is a need for two priority access system policies in San Ramon:
one for City-funded affordable housing projects and one for non-City-funded affordable housing projects. Due to the anticipated opening of the Aspen Wood Senior Apartment project located at 9000 Alcosta Blvd. in early 2024, Staff is seeking direction on the priority access system for

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City-funded housing projects at this time and will defer completion of the priority access system for non-City-funded housing projects to a later date.

Priority Access System for City-Funded Housing Projects For affordable housing projects that are partially or in whole funded by the City, the City has expressed a desire to give priority access of such affordable units to applicants who live and/or work within the City limits. Given that the funding source of such projects rely on local taxpayer funding, Staff is recommending the City consider providing priority based on the attached guidelines. As directed by the Housing Element, the City should also consider providing priority access for veterans, certified first responders, public service employees, and for special needs groups identified in the General Plan that typically have a greater difficulty finding affordable housing. Special needs groups are identified as seniors (65 and older), persons with disabilities (including development disabilities), single-parent households, large households (5 or more persons), agricultural farmworkers, and homeless.

While an applicant who lives or works within the City limits will have preference over an applicant who does not, residency/employment status is not a requirement for affordable housing eligibility, and all individuals and households regardless of priority status may apply. Staff is asking the Policy Committee to provide comments on the development of the City’s priority access policy for City-funded housing projects.

POLICY COMMITTEE
On October 25, 2023, the Policy Committee reviewed the draft policy and asked questions regarding applicability of the Policy. The Committee was supportive of the draft policy and recommended the policy go to the full City Council.

FISCAL ANALYSIS
None.

ATTACHMENT
Exhibit 1: Priority Access System Policy for City-Funded Housing Projects

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RESOLUTION NO. 2023-119

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ADOPTING THE SAN RAMON PRIORITY ACCESS SYSTEM POLICY FOR CITYFUNDED HOUSING PROJECTS WHEREAS, Policy 11.5-I-10 of the Housing Element directs the City to “develop a workforce housing priority access system that identifies households best served with priority access to City housing programs”; and
WHEREAS, the draft priority access system policy for City-funded housing projects is intend to allow groups to have weighted priority access to housing programs and the purpose of preferences is to determine the order in which eligible applicants receive priority to rent or purchase affordable housing units developed with City subsidy; and WHEREAS, on October 25, 2023, the City Council Policy Committee considered the Draft San Ramon Priority Access System Policy for City-funded housing projects, and forwarded the Policy to the City Council for consideration; and WHEREAS, on November 14, 2023, the City Council considered the Draft San Ramon Priority Access System Policy for City-funded housing projects; and NOW, THEREFORE, BE IT RESOLVED, that the City Council, does hereby adopt this Resolution approving the San Ramon Priority Access System Policy for City-funded housing projects.

PASSED, APPROVED AND ADOPTED on this 14th day of November, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk
Exhibit 1: San Ramon Priority Access System Policy for City-Funded Housing Projects

5.6 Packet Pg. 28
1 SAN RAMON PRIORITY ACCESS SYSTEM GUIDELINES:

CITY-FUNDED HOUSING PROJECTS
(draft October 17, 2023)
To the extent permissible under applicable state and federal law, people who live and/or work in the City of San Ramon shall have priority over other persons to rent or purchase affordable and workforce housing units which are supported or sponsored by the City of San Ramon (the “City”). The San Ramon Local Priority Access System Guidelines presented herewith shall apply to all developers, owners and their agents, successors and assigns proposing affordable and/or workforce housing funded by the City in whole or part.

1. PREFERENCES
Based upon the approval by the City Council of San Ramon on ______ the City shall henceforth utilize the following priority order whenever ownership or rental housing units are made available to applicants who are income eligible households:
a. First priority is given to eligible households that reside and work within the City of San Ramon for at least 6-months;
b. Second priority is given to eligible households that reside within the City of San Ramon for at least 6-months;
c. Third priority is given to eligible households that work within the City of San Ramon for at least 6-months;
d. Fourth priority is given to eligible households who are i. Veterans honorably discharged from any branch of the United States Armed Forces; or
ii. Certified First Responders (sworn police officers, firefighter, rescue worker, or any other person who provides emergency response, first aid care, or other medically related assistance) who are employed in such capacity that provides service in the City of San Ramon as defined by Govt. Code Section 8562, as amended; or
iii. Public Service Employees employed by a local government agency that provides services in the City of San Ramon

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Attachment: Exhibit 1: Priority Access System Policy for City-Funded Housing Projects (2023-119 : Priority Access System Policy for City- 2 e. Fifth priority is given to eligible households who are:
i. Seniors (age 65 or older); or
ii. Persons with Disabilities (Verified through SSA Disability Benefit Award Letter); or
iii. Single-Parent Households; or
iv. Large Households (5 or more members); or
v. Agricultural Farmworker
vi. Qualified Homeless (CFR Section 578.3 of Title 24)

2. RESIDENCY
a. Definition of residency. To qualify as an applicant who is a resident of the City of San Ramon, the applicant responsible for renting or purchasing the affordable or workforce housing unit must have their principal place of residence within the City of San Ramon for a minimum of 6-months as of the date of application.
b. Evidence of residency. The developer/owner shall require the applicant to submit a driver’s license, voter registration, utility bill, or other evidence as proof of residency in San Ramon.

3. EMPLOYMENT
a. Definition of employment. To qualify as an applicant who is employed within the City of San Ramon, the applicant responsible for renting or purchasing the affordable or workforce housing unit must demonstrate that both of the following criteria have been met:
i. Location of Work. At least one of the signatories of the tenant lease or purchase agreement for the applicant's household must be employed within the City of San Ramon for a minimum of 6-months as of the date of application. Work is defined for purposes of this section as owning or operating a business located within the City of San Ramon, employment for wages or salary for an employer located within the City of San Ramon, contract employment where the actual

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Attachment: Exhibit 1: Priority Access System Policy for City-Funded Housing Projects (2023-119 : Priority Access System Policy for City- 3 work is conducted within the City of San Ramon, or commission work where the applicant's principal location from which he/she worked is located within the City of San Ramon.
ii. Hours of Work. At least one of the signatories of the tenant lease or purchase agreement for the applicant's household must have been employed within the City of San Ramon an average of at least 20 hours per week as of the date of application.
b. Evidence of employment. The developer/owner shall require applicants to submit pay stubs, W- 2 forms, tax returns, employer certification, or other evidence as proof of employment at a business location within the city of San Ramon.

4. SELECTION PLAN
The developer/owner and/or its agent shall affirmatively market the affordable and/or workforce housing units to ensure that all applicants, regardless of eligibility for the preference, are aware of the housing opportunity.
a. Selection Plan. Prior to the developer/owner’s acceptance of the first application for an affordable and/or workforce housing unit and no later than six months before issuance of a certificate of occupancy, the developer/owner shall prepare a Selection Plan for approval by the Community Development Director which shall set forth the process for selection of qualified applicants. The Selection Plan shall contain, but is not limited to, the following information:
i. Unit Description. A brief description of the affordable and/or workforce unit(s) including the unit-mix, location, structure, size and whether the unit(s) is for ownership or rental.
ii. Income Criteria. The eligible income range for rent or purchase affordable and/or workforce units.
iii. Priority System. The priority system to be utilized by the developer/owner based primarily on an applicant’s residence and employment location, with higher priority allocated to persons who live and/or work within the City of San Ramon.

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Attachment: Exhibit 1: Priority Access System Policy for City-Funded Housing Projects (2023-119 : Priority Access System Policy for City- 4 iv. Application Submission. Description of the application requirements. The conditions by which interested parties must submit a completed application to the developer/owner, including form of application, the stipulated date and time for application, number of applications to be submitted, disqualifications, etc. v. Selection Criteria. Explanation of the developer’s selection criteria and process based on the review of information submitted on the applications. Identification of corrective actions if a review of an application results in a determination that the City preferences assigned to the applicant was inaccurate.

5. DETERMINATION OF ELIGIBILITY
a. Verification of Preference. As part of the review process, applicants will be contacted directly to provide verification of their residence and employment history and evidence supporting any of the preferences identified.
b. Verification of Income. The developer/owner of affordable and/or workforce housing units, which are offered for rent, sale, or lease, shall require the applicant to provide proof that he/she meets the occupancy and income criteria set forth by the applicable City program(s).

6. PRIORITY RANKING; SELECTION OF QUALIFIED APPLICANT
a. Priority System. The priority order for categories are as follows:
i. Applicant where at least one of the signatories of the tenant lease or purchase agreement is a San Ramon resident and employed within the City of San Ramon for a minimum of 6- months at the time of application.
ii. Applicant where at least one of the signatories of the tenant lease or purchase agreement is a San Ramon resident for a minimum of 6-months at the time of application.
iii.Applicant where at least one of the signatories of the tenant lease or purchase agreement is employed within the city of San Ramon for a minimum of 6-months at the time of application. iv.Applicant where at least one of the signatories of the tenant

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Attachment: Exhibit 1: Priority Access System Policy for City-Funded Housing Projects (2023-119 : Priority Access System Policy for City- 5 lease or purchase agreement is a veteran, certified first responder, or public service employee.
v. Applicant where at least one of the signatories of the tenant lease or purchase agreement is a senior, person with
disabilities, single-parent household, large household, agricultural farmworker, qualified homeless.
vi.All other applicants.

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Attachment: Exhibit 1: Priority Access System Policy for City-Funded Housing Projects (2023-119 : Priority Access System Policy for City-

CITY COUNCIL STAFF REPORT
DATE: November 14, 2023
TO: City Council/City Manager
FROM: Kelly Sessions, Administrative Services Director
By: Megan O'Donoghue, Human Resources Manager
SUBJECT: RESOLUTION NO. 2023-120 - Approving the Sixth Amendment to the Agreement for Employment of the City of San Ramon City Attorney and Authorizing the Mayor to Sign the Agreement

RECOMMENDED ACTION
Staff recommends that the City Council adopt this Resolution approving the Sixth Amendment to the City of San Ramon Agreement for Employment of the City Attorney and authorizing the Mayor to sign the Amendment.

BACKGROUND/DISCUSSION
On October 24, 2023, the City Council conducted an annual evaluation of the City Attorney.

Based on the evaluation, the employment contract with the City Attorney will be amended (Sixth Amendment) and provide a new annual salary of $286,200 (an increase of 6%). The City Attorney’s new annual rate of pay will be effective September 25, 2023.

FISCAL ANALYSIS
The current annual salary is $270,000. The 6% increase will add $16,200 in base salary to a new total salary of $286,200. The total annual fiscal impact of this increase is $19,251, which will be addressed at mid-year or in the next fiscal year budget cycle.

STEPS FOLLOWING APPROVAL
The Mayor and City Attorney will execute the Sixth Amendment to the Agreement for Employment of City Attorney.

ATTACHMENT
A: City Attorney Agreement - Sixth Amendment

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RESOLUTION NO. 2023-120

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

APPROVING THE SIXTH AMENDMENT TO THE AGREEMENT FOR

EMPLOYMENT OF THE CITY OF SAN RAMON CITY ATTORNEY AND

AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
WHEREAS, the City of San Ramon entered into an Agreement for Employment of the City Attorney on September 25, 2017, appointing Martin Lysons as City Attorney; and WHEREAS, the City Council approved the First Amendment to the Agreement for Employment of the City Attorney on November 27, 2018; and WHEREAS, the City Council approved the Second Amendment to the Agreement for Employment of the City Attorney on November 26, 2019; and WHEREAS, the City Council approved the Third Amendment to the Agreement for Employment of the City Attorney on January 12, 2021; and WHEREAS, the City Council approved the Fourth Amendment to the Agreement for Employment of the City Attorney on November 23, 2021; and WHEREAS, the City Council approved the Fifth Amendment to the Agreement for Employment of the City Attorney on November 22, 2022; and WHEREAS, the City Council conducted an annual evaluation of the City Attorney on October 24, 2023; and
WHEREAS, based upon that evaluation, a Sixth Amendment to the Agreement for Employment of the City Attorney, authorizing an increase to the City Attorney’s salary is warranted; and
WHEREAS, the new annual salary is $286,200, retroactive to September 25, 2023.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Ramon hereby approves the Sixth Amendment to the Agreement for Employment of the City Attorney and authorizes the Mayor to sign the Agreement.

PASSED, APPROVED AND ADOPTED at the meeting of November 14, 2023, by the following votes:

AYES:

NOES:

5.7 Packet Pg. 35
ABSENT:

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

5.7 Packet Pg. 36

CITY OF SAN RAMON

SIXTH AMENDMENT TO THE AGREEMENT

FOR EMPLOYMENT OF THE CITY ATTORNEY
This Sixth Amendment to the Agreement for Employment of the City Attorney ("Sixth Amendment") is made and entered into this 14th day of November 2023 by and between the City of San Ramon ("City"), a charter city, and Martin Lysons ("Employee"), collectively referred to as "the Parties."
WHEREAS, the City of San Ramon entered into an Agreement for Employment of the City Attorney ("Agreement") on September 13, 2017, appointing Martin Lysons as City Attorney.

WHEREAS, the First Amendment to the Agreement for Employment of the City Attorney was entered into on November 27, 2018, providing a three percent (3%) increase to annual salary, with a one percent (1%) contribution to the employer’s share of pension cost.

WHEREAS, the Second Amendment to the Agreement for Employment of the City Attorney was entered into on November 26, 2019, providing a five percent (5%) increase to annual salary, with an additional one percent (1%) contribution to the employer’s share of pension cost, for a total of two percent (2%).

WHEREAS, the Third Amendment to the Agreement for Employment of the City Attorney was entered into on January 12, 2021, providing a three percent (3%) increase to annual salary, with an additional one percent (1%) contribution to the employer’s share of pension cost, for a total of three percent (3%).

WHEREAS, the Fourth Amendment to the Agreement for Employment of the City Attorney was entered into on November 23, 2021, providing a nine and one-half percent (9.5%) increase to annual salary and payment by the City of the full cost of Employee’s seven percent (7%) normal member contribution toward CalPERS, reportable as “special compensation” for purposes of calculating Employee’s “final compensation” in accordance with Government Code Section 20042, with Employee contributing an additional three percent (3%) to the employer’s share of pension cost, for a total of ten percent (10%) when combined with Employee’s contribution of seven percent (7%) of compensation reportable to CalPERS.

WHEREAS, the Fifth Amendment to the Agreement for Employment of the City Attorney was entered into on November 22, 2022, providing the Employee with compensation at the rate of $22,500 per month, as well as a one-time bonus of $3,000 and one-time additional day of vacation.

WHEREAS, the City Council authorized the Sixth Amendment to the Agreement for Employment of City Attorney at the City Council meeting of November 14, 2023, by adopting Resolution No. 2023-120.

NOW THEREFORE, Section 1, “Compensation and Term" of the original Agreement entered into on September 13, 2017, is hereby amended to read as follows:

Commencing September 25, 2023, the City agrees to compensate Employee at the rate of $23,850 per month, which compensation may be adjusted annually as a result of the performance evaluation set out in paragraph 3 below. Employee shall also receive management incentive pay of $500 per month.

IN WITNESS THEREOF, the parties have executed this agreement on November 14, 2023.

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Attachment: A: City Attorney Agreement - Sixth Amendment (2023-120 : Sixth Amendment to the City Attorney Contract)

CITY OF SAN RAMON EMPLOYEE
_______________________________ ________________________________ David E. Hudson, Mayor Martin Lysons
ATTEST
_______________________________
Christina Franco, City Clerk

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Attachment: A: City Attorney Agreement - Sixth Amendment (2023-120 : Sixth Amendment to the City Attorney Contract)

CITY COUNCIL STAFF REPORT
DATE: November 14, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Robin Bartlett, Division Manager/District Engineer
SUBJECT: RESOLUTION NO. 2023-121 - Accepting the Report by BayPac Consult Inc.

Regarding the Bridge Type for the Crow Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing (CIP 905531), Providing Direction to Staff with Regard to the Preferred Type, and Appropriating $259,121 from the General Fund to CIP 905531 for a Total Project Budget of $2,534,471

EXECUTIVE SUMMARY
BayPac Consult, Inc. has reviewed bridge type options for the Crow Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing (CIP 905531) including (1) a truss arch; (2) a butterfly arch; (3) a tied arch; and (4) a concrete arch with stressed ribbon deck. The concrete arch option was rejected early in the analysis as likely unfeasible. The other options were analyzed in greater detail. To help better understand the aesthetic considerations, renderings were developed for the truss and butterfly options while previous renderings were used for the tied-arch bridge.

Preliminary cost analysis was conducted for the purpose of comparing options. The City has received a Federal Earmark of $2M for the design of the bridge. Federal law requires that the City provide an 11.47% matching contribution of the total project budget, which is equal to $259,121.

RECOMMENDED ACTION
Staff recommends that the City Council (1) receive the Report by BayPac Consult Inc. (BayPac), regarding the bridge type for the Crow Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing (CIP 905531), (2) provide direction to staff as to which bridge type the Council prefers, and (3) adopt the attached Resolution (amended to reflect the Council’s preference) appropriating $259,121 from the General Fund to CIP 905531.

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

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

To facilitate the process of selecting a bridge type for the Crow Canyon Road Overcrossing, the City has obtained the services of BayPac and its subconsultant Mr. Charles Redfield of Nutt Redfield Valentine. BayPac has extensive experience working on various elements of bridges and other public infrastructure projects, including the Bollinger Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing Project as a consultant to the Contra Costa Transportation Authority (CCTA). Charles Redfield is a bridge engineer with a long history of designing bridges of various types and who also provided consultations to the City to refine the design concepts for the Bollinger Canyon Road/IHT Overcrossing. Staff asked BayPac to review design options for various bridge types that would be consistent with the previously approved concepts of a structural arch or arch appearance. This review included a general review of constructability and preliminary cost estimates. The results of their analysis are presented in their report titled “City of San Ramon, Crow Canyon Road Iron Horse Trail Bicycle and Pedestrian Overcrossing Project Concept Update Report” (Attachment A).

DISCUSSION
Design Options
BayPac Consult, Inc. has reviewed bridge type options for the Crow Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing including 1) a truss arch; 2) a butterfly arch; 3) a tiedarch; and 4) a concrete arch with stressed ribbon deck. The concrete arch option was rejected early in the analysis as likely unfeasible. The other options were analyzed in greater detail.

To help understand the potential issues associated with the designs, detailed sketches were developed for the truss arch and butterfly arch. Previously developed sketches were relied on for the tied-arch. To help better understand the aesthetic considerations, renderings were developed for the truss and butterfly options while previous renderings were used for the tied-arch bridge.

The sketches and renderings are included with Attachment A.

Key features for each design are as follows:

Truss Arch
• Appearance is bulkier than the other options but is more consistent with a historic railroad bridge.

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• Least complex design with greatest ease of construction. • Most likely to have multiple experienced bidders.

Butterfly Arch
• More slender and elegant appearance.
• More complex design and construction.
• More constrained bidding pool.

Tied-Arch
• Classic true arch design.
• More complicated to construct with more complex foundations. • More constrained bidding pool.

Preliminary cost analysis was conducted for the purpose of comparing options. While these costs were developed based on recent similar projects under construction nearby, they can only be deemed preliminary due to a range of factors that can greatly impact the cost of a bridge. These include:
• the bidding climate at the time a project goes into construction; • architectural details that are included in a project; • availability of materials; and
• uncertainty at this stage of design regarding unknowns including, extent of utility conflicts, soil issues, access to construction staging areas, and others.

The preliminary cost estimates include design, construction management, and construction of the bridge, and associated improvements such as the approach ramps, retaining walls, and landscaping. Major utility relocation, hazard materials handling, right-of-way procurement, or other unexpected problems are not included. These costs should therefore be used for general planning and for comparison of the different options. Issues such as complexity of construction are reflected in the cost comparisons. Preliminary cost analysis indicates the following relative costs:

Type Relative Cost
Truss Arch $21.3M to $23.3M
Butterfly Arch $20.1M to $22.1M
Tied-Arch $26.9 to $28.9M
All of the design options are compatible with the previously prepared environmental documents and have generally similar long-term maintenance requirements.

Detailed discussion of the bridge options is presented in Attachment A.

Matching Funds
The City of San Ramon has received an allocation for design of the Project in the amount of $2M from the Community Project Funding/Congressionally Directed Spending (CPFCDS) Program also known as a Federal Earmark. Based on Federal law, the City’s matching contribution for the

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Project is expected to be 11.47% of the total. In order to maximize the Federal Earmark of $2M, this would result in a City contribution of $259,121 for a total design budget of $2,259,121. Staff is, therefore, requesting an appropriation of $259,121 from the City’s General Fund to the Project to provide the local match.

The City has already committed $175,000 to CIP 905531 for preliminary design and validation of environmental documentation with the approval of Resolution No. 2022-148 on December 13, 2022. These funds are being used currently, prior to obligation of the Federal Funds through the Caltrans E-76 process and are not eligible for reimbursement or to be considered as part of the matching funds for the design work. Funding was also previously committed to the Project from a TLC Grant in the amount of $100,350 to provide initial evaluation and environmental analysis.

The total Project including all previously allocated and used funds, proposed allocation, and Federal Earmark will be $2,534,471.

FISCAL ANALYSIS
An allocation of $259,121 will provide the required matching contributions to make the full $2M Federal Earmark funds available to the City.

Total project budget to date is summarized below:

Previous Allocations from TLC Grant $100,350
Reallocation from Public Works
Department Operating Budget for
Preliminary Design
$175,000
Proposed Allocation from General Fund $259,121
Federal Earmark $2,000,000
Total Budget $2,534,471

STEPS FOLLOWING APPROVAL
Following acceptance of the Report by the City Council and providing direction to staff regarding the preferred bridge type, staff will:

1. Work the LSA, Inc. to revalidate the IS/MND and prepare the National Environmental Policy Act (NEPA) documents.

2. Work with Caltrans to obtain authorization to obligate the Federal Earmark funds (E-76).

3. Work with BayPac Consult Inc. to issue a Request for Qualifications to solicit statements of qualifications and cost proposal from bridge and civil engineering consultant teams to design the Overcrossing.

4. Once the design is completed, it is anticipated that the design will be used to obtain bids for construction, pending available funding.

ATTACHMENT
A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report

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RESOLUTION NO. 2023-121

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ACCEPTING THE REPORT BY BAYPAC CONSULT INC. REGARDING THE

BRIDGE TYPE FOR THE CROW CANYON ROAD/IRON HORSE TRAIL BICYCLE AND PEDESTRIAN OVERCROSSING (CIP 905531), PROVIDING DIRECTION TO

STAFF WITH REGARD TO THE PREFERRED TYPE, AND APPROPRIATING $259,121 FROM THE GENERAL FUND TO CIP 905531 FOR A TOTAL PROJECT BUDGET OF $2,534,471
WHEREAS, the City desires to construct the Crow Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing Project (CIP 905531); and WHEREAS, the City has received a Federal Community Project Funding/Congressionally Directed Spending (CPFCDS) allocation for the Project in the amount of $2M; and
WHEREAS, it is anticipated that the required local matching funds for the design phase of the Project will be 11.47% of the total costs for a total of $259,121; and WHEREAS, prior to starting design and receiving these funds, various steps must be undertaken to ensure compliance with Federal and State requirements; and WHEREAS, BayPac Consult, Inc has prepared a Report summarizing bridge types and expected order of magnitude design and construction costs.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon accepts the report by Baypac Consult, Inc., with the (approved bridge type), and approves the appropriation of $259,121 from the General Fund to the Crow Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing Project (CIP 905531) for a total Project budget of $2,534,471.

PASSED, APPROVED AND ADOPTED at the meeting of November 14, 2023 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________

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

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CITY OF SAN RAMON

CROW CANYON ROAD IRON HORSE TRAIL

BICYCLE AND PEDESTRIAN OVERCROSSING

PROJECT CONCEPT UPDATE REPORT
NOVEMBER 2023
Prepared by:

BayPac Consult Inc.
in association with
Nutt Redfield Valentine

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EXECUTIVE SUMMARY
In 2009, the City of San Ramon approved the San Ramon Valley Bicycle Pedestrian Corridor Concept Plan. The plan studied the feasibility of integrating a series of proposed bicycle/pedestrian overcrossings along the Iron Horse Trail with its adjacent transit and pedestrian-oriented land use plans. It recommended the construction of grade-separated bicycle and pedestrian overcrossings at Bollinger Canyon Road and Crow Canyon Road.

In December 2015, a Conceptual Bridge Design Report for these two overcrossings was completed. The report recommended the construction of a cable-stayed bridge at Bollinger Canyon Road and an arch bridge at Crow Canyon Road. The Bollinger Canyon Road overcrossing is now under construction. The City has secured federal funds and is ready to proceed with the design of the Crow Canyon Road overcrossing (Project).

This Project Concept Update Report evaluated three different types of bridge construction at Crow Canyon Road that provide the aesthetics consistent with an arch.

This Report provides information on three possible bridge types, including key considerations and computer simulations of these bridge types as well as the range of probable costs for comparison purposes. A fourth option for a concrete arch with a stressed ribbon deck was initially evaluated and was dropped from further consideration as it will not comply with the Americans with Disability Act.

It is anticipated that this Report will provide the information for decision makers to select a preferred bridge type for final design and construction. Additional design features, such as the exact bridge alignment, landscaping around the bridge and detailed aesthetic treatments, etc. will be developed during the final design process.

BACKGROUND AND HISTORY
The Iron Horse Trail is a multi-use, whole-access trail between the cities of Concord and Dublin/Pleasanton that follows the old Southern Pacific Railroad right-of-way established in 1891 and abandoned in 1978. The complete Iron Horse Trail spans a distance of 32 miles and passes through the City of San Ramon, with signalized crossings at Alcosta Boulevard, Bollinger Canyon Road and Crow Canyon Road.

In 2009, the City San Ramon studied the feasibility of integrating a series of proposed bicycle/pedestrian overcrossings along the Iron Horse Trail to support adjacent transit and pedestrian-oriented development. The San Ramon Valley Bicycle Pedestrian

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Corridor Concept Plan evaluated the feasibility of constructing overcrossings to improve access and safety for bicyclists and pedestrians along the Iron Horse Trail and to create a pedestrian-friendly environment at major arterial crossings. The Plan recommended the construction of grade-separated bicycle and pedestrian overcrossings at Bollinger Canyon Road and Crow Canyon Road.

In 2012, the City of San Ramon secured Contra Costa Measure J Transportation for Livable Communities (CCTA-TLC) funds to begin the implementation of the Iron Horse Trail Bicycle and Pedestrian Overcrossing projects. In 2013, the City of San Ramon began a study to develop the design concepts for the two overcrossings. The study included a very comprehensive public outreach and participation process. The Final Selected Conceptual Bridge Design Report was completed in December 2015.

The Report recommended the construction of a single pylon cable-stayed bridge at Bollinger Canyon Road and a tied-arch bridge at Crow Canyon Road. The City of San Ramon adopted an Initial Study / Mitigated Negative Declaration for the two overcrossings in November 2017. This included an analysis of the Project as likely consisting of a tied-arch main span, girder, or design of similar appearance.

In 2018, the City of San Ramon secured funding to proceed with the design and construction of the Bollinger Canyon Road overcrossing. Initial work included a value engineering and concept update study. That study updated and improved the bridge design to better align the design with available funding, while preserving and improving the aesthetic of the overcrossing. Final design was completed and the overcrossing is now under construction.

In June 2022, the City of San Ramon received an allocation to design the Project in the amount of $2M from the Community Project Funding/Congressionally Directed Spending (CPFCDS) Program (also known as a Federal Earmarks). Similar to the Bollinger Canyon Road overcrossing project, the City of San Ramon is conducting a value engineering and concept update study for the Project. This study will provide multiple design concepts for the City’s considerations. Once a preferred design concept is selected, it will become the basis of the final Crow Canyon Road overcrossing design.

SITE CONDITION AND KEY CONSIDERATIONS
The site condition will inform the design and construction of the Project. Some of the key features are discussed below.

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 Crow Canyon Road- Crow Canyon Road is a major east-west arterial in the City of San Ramon. At the Project location, it has four lanes in each direction, a landscaped median and a turn lane into the PG&E facility to the north. It has a fairly straight alignment and connects the eastern hills to the I-680 freeway. It serves the commercial and retail development between I-680 and Alcosta Boulevard. A signalized crosswalk is provided at its intersection with the Iron Horse Trail. The crosswalk will be removed after the Project is completed.

It is expected that no permanent pier will be placed in the median area, though the turn lane may be temporarily closed during construction to facilitate bridge construction.
 Iron Horse Trail- The Iron Horse Trail runs along the former Southern Pacific Railroad right-of-way and connects the cities of Dublin to the south and Concord to the north. Typically, railroad corridors and right-of-way carry a variety of utilities. The project location includes a number of major utilities, including transmission and distribution power lines, fuel and gas pipelines, fiber optics and communication lines, sewer lines, storm drains and water lines. The right-of-way also includes an easement for a future Light Rail Transit (LRT).

At the Project location, the width of the right-of-way varies between approximately 48’ to approximately 64’ along the length of the Trail. Even though the existing Trail is relatively straight across Crow Canyon Road, the rightof-way of the Trail on the two sides of Crow Canyon Road do not line up. The right-of-way line on the north side of the Trail is approximately 15’ west of the right-of-way line on the south side.

Unlike the Bollinger Canyon Road overcrossing, there is no open space or open area adjacent to the Project site. There is limited space to assemble any prefabricated main bridge crossing on-site without impacting the use of the Trail.

The proposed bridge design and construction will need to take this into account.

It is expected that the bridge over Crow Canyon Road will be straight and may be constructed with a slight skew to the road. The bridge approaches will likely be curved.
 Utilities- Major utilities run along the east side of the Trail right-of-way. The precise locations, depths and heights of the various utilities are not known and

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will be determined during final design. The locations of the utilities, vegetation and other ground features will inform the final alignment and geometry of the overcrossing structure, which is expected to be placed on the west side of the Trail. The underground utilities, overhead electrical transmission lines on the east side of the trail and the soil condition will also affect the foundation type, construction staging and the method of bridge construction.

The final design will need to verify the locations of existing utilities, both below and above ground, and consider how that may affect the placement of the bridge, its foundation and construction methods.
 Vegetation- There are a number of mature trees on the west side of the Trail. On the south side of Crow Canyon Road, there is also a row of hedges. The final design needs to minimize impacts on mature trees, consider access for maintenance and avoid hidden space to promote personal safety.  Topography- The Trail has fairly flat gradient and presents no issue in meeting the American Disability Act (ADA) requirements, other than the creation of a long approach ramp on both sides. The approach structures from both the north and the south would likely be similar to the approach structures of the Bollinger Canyon Road overcrossing.
 Aesthetics- As previously noted, there are a number of mature trees along the Trail. These trees and other adjacent buildings affect the visual line of sight between the travel lanes on Crow Canyon Road and the overcrossing structure.

The view of eastbound travelers is limited to the main crossing over the roadway and the sidewalk. The view for westbound travelers is more open as they also have line of sight of the approach structures and possibly the stair structures, if provided. The final design needs to consider the community’s aesthetics preference. The placement of aesthetic design elements also needs to consider visibility.

FEASIBLE BRIDGE DESIGN OPTIONS & EVALUATION
The Final Selected Conceptual Bridge Design Report suggested that the community mostly favored an arch bridge at Crow Canyon Road. That Report recommended the

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construction of a tied-arch bridge. This Concept Update Report provided an opportunity for decision makers to consider other bridge concepts that also present an arch appearance. All these design concepts will include a bridge deck with a clear width of 16’ and a minimum vertical clearance of 17’ over the roadway. A fourth option of a concrete arch with a stressed ribbon deck was initially evaluated but determined to be infeasible. The design options are discussed below.
 Option 1 Truss Arch- This recently developed option provides for a 42’ prefabricated steel truss main span over Crow Canyon Road with 380’ - 390’ long (each) approaches comprising of shorter span concrete bridges and abutment walls. The truss will have an arch shape. It will be transported in multiple pieces to the Project location where it will be assembled and erected.  Option 2 Butterfly Arch- This recently developed option provides for a 190’ butterfly arch main span over Crow Canyon Road with 360 - 370’ long (each) approaches comprising of shorter span concrete bridges and abutment walls. The main arch structural members will include two steel hollow sections with the bridge deck supported by hanger cables or rods.
 Option 3 Tied-Arch- This was proposed in the Final Selected Conceptual Bridge Design Report. This provides for a 240’ tied-arch main span over Crow Canyon Road with 480’ long (each) approaches comprising of shorter span concrete bridges and abutment walls. The main arch structural members will include two steel hollow sections with the bridge deck supported by hanger cables or rods.

The location, drawings and renderings for the three options are shown in Appendix A.

Due to the relatively high cost of the Tied-Arch option, it was considered to be the least likely option to move forward so no new detailed renderings were developed for this option. The lengths of the approaches will be revised during final design after a field topographic survey is conducted.

EVALUATION OF DESIGN OPTIONS
To support a decision on the preferred bridge option for final design and construction, a number of key factors have been evaluated and are discussed below.  Potential environmental impacts- LSA, the environmental consultant that prepared the California Environmental Quality Act (CEQA) Initial Study / Mitigated

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Negative Declaration (IS/MND) for the Project in 2017, has conducted an initial screening of the design options. They concluded that potential impacts for all three options are covered under the previously adopted IS/MND and a new revalidation memo will be prepared to document any changes.  Aesthetics- Even though all three design options present the appearance of an arch structure, they each have a different aesthetic signature. The tied-arch is the tallest of the three options while the butterfly arch is the shortest. The truss arch gives the appearance of having bulkier structural members while the butterfly arch appears the slenderest. Renderings for all three options are shown in Appendix A.
 Construction Complexity- Construction of the three bridge options have slightly different levels of complexity. The truss arch is the most conventional and presents the least level of construction complexity. Construction of the butterfly arch or the tied-arch requires slightly more complex deck erection and construction procedures. The level of complexity affects the number of potential bidders and the competitiveness of the bids. This is accounted for through the different adjustments and contingency allowances in the estimated construction costs.
 Construction Impacts- During the construction of the Project, the segment of the Trail in the immediate vicinity of the Project area will need to be closed. Bicycle and pedestrian traffic will be detoured. To ease the erection of the truss arch, a temporary falsework tower will be constructed in the median area. This tower may result in a 6 to 9-month closure of either the westbound median (#1) lane or the eastbound left-turn pocket onto the PG&E property. The bridge deck of the tied-arch option will be constructed in place and requires the use of falsework over Crow Canyon Road for a period of 9 to 12 months. The butterfly arch provides more flexibility for the contractor to use either precast concrete deck panels or construct the bridge deck in place. A brief discussion on constructability and construction staging for these three options is given in Appendix B.
 Bridge Maintenance- There is no particularly unusual structural feature in any of these three bridge options that warrants special maintenance considerations.

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Bridge-related maintenance activities include adjustment of metal screen/throw fence, inspection of bridge joints, hangers, and periodic bridge inspections, etc.

The steel bridge members will also need to be painted and the steel truss will require a more extensive painting program.

RANGE OF PROBABLE CONSTRUCTION COST
The project construction cost should cover the contactor’s project management, overhead, mobilization, temporary detour and traffic control, general site improvements, paving, bridge construction, approaches and abutments, stairs, fencing, lighting, signage, landscaping and irrigation, utilities relocation, and new utility services, etc. The costs for these items typically vary from project to project. In addition, the cost of certain items, such as landscaping, may vary based on the design and constrain of the available budget.

An analysis of two similar Iron Horse Trail projects in the cities of Dublin and San Ramon shows that the construction cost of the bridge structure, between the abutments, to be approximately 38% to 40% of the total project construction cost. The scope for this Report only included the cost estimation of the new bridge structure options. Thus, this report utilizes the above analysis result to extrapolate the range of probable construction costs of the entire project for preliminary budgetary purposes, based on the estimated truss arch construction cost. This results in an estimate of about $8.6 million for mobilization and other civil construction costs. The probable construction cost will be updated during final design.

The estimated costs for the truss arch and butterfly arch bridge structure options were developed using the estimated quantities and recent construction bid rates for similar items of work. Adjustments are applied to account for unusual factors, complexities and the potential number of bidders. The estimated cost of the tied-arch option was updated based on the estimate developed for the Conceptual Bridge Design Report, and adjusted based on the California Construction Cost Index*. * Source: https://www.dgs.ca.gov/RESD/Resources/Page-Content/Real-Estate-Services-Division-ResourcesList-Folder/DGS-California-Construction-Cost-Index-CCCI The probable construction and total project costs for the three bridge types are summarized in Table 1. As the timing of construction is not yet determined, the probable costs are based on 2023 dollars, and have not been escalated to the mid-year of construction. Additional details on the probable bridge construction costs are given

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in Appendix C. For comparison purposes the construction contract amounts (before contingency) for the Bollinger Canyon Road Overcrossing (cable stayed bridge) is $21,617,972.82 and $10,202,650.80 for the City of Dublin’s Dublin Boulevard Overcrossing (truss bridge).

In addition to the construction cost, other project costs include:
 Design- estimated as a percentage of construction cost.  Construction engineering- Includes administration and management and estimated as a percentage of construction cost.
 Right-of-way and utility avoidance and relocation- Includes cost for needed right-of-way, staging area, temporary easements, and avoidance and/or relocation of utilities. These costs will be determined during final design and an allowance of up to $2M is included in the current estimate.

Table 1: Range of Probable Project Cost (2023$)
Bridge Type Truss Arch Butterfly
Arch Tied-Arch
Design Cost $2,500,000 $2,500,000 $3,000,000
Probable Construction Cost $16,425,000 $15,185,000 $20,937,000 Construction Engineering $2,400,000 $2,400,000 $2,900,000 Allowance for ROW, utility
avoidance and relocation $2,000,000 $2,000,000 $2,000,000 Range of Probable Project Cost
$21,325,000
to
$23,325,000
$20,085,000
to
$22,085,000
$26,937,000
to
$28,937,000
OTHER PROJECT FEATURES TO BE DETERMINED
This report presents different bridge options that provide the appearance of an arch to be considered for this Project. It also provides cost and other information to assist decision makers to determine the bridge type to be carried through to final design and construction.

During the final design phase, the following items will be further studied and developed:
 Exact location of the bridge and alignment of the approaches.

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 Locations of stairs and paths connecting to the sidewalk along Crow Canyon Road.
 Color of the bridge structure and finishes of columns and abutment walls.  Bridge accent and Trail lighting.
 Landscape theme, design and related amenities.

RECOMMENDATIONS AND NEXT STEPS
The report is intended to provide key stakeholders with multiple bridge construction options, their range of costs, appearance, aesthetics and other attributes. This allows for one design option to be selected for final design.

Appendices:

Appendix A- Drawings & Renderings
Appendix B- Constructability & Construction Staging
Appendix C- Probable Construction Cost Calculations

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APPENDIX A

DRAWINGS & RENDERINGS

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``

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing) x Crow Canyon (Tied Arch): x South Approach / filled section – 240 feet x South Approach / column-supported – 240 feet x Main Tied Arch Span over road – 240 feet x North Approach / column-supported – 240 feet x North Approach / filled section – 240 feet x TOTAL – 1200 feet 
Option 3 Tied-Arch

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PAGE 2
Schematic Overview (Truss Rust Option)
facing west on Crow Canyon Road

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PAGE 3
View 01: Existing Site
facing west on Crow Canyon Road

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View 01: Truss Rust Option

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- DRAFT 2023-10-26 | REVISION 1
facing west on Crow Canyon Road PAGE 8
View 01: Truss Yellow Option

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- DRAFT 2023-10-26 | REVISION 1
facing west on Crow Canyon Road PAGE 9
View 01: Truss Gray Option

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- DRAFT 2023-10-26 | REVISION 1
PAGE 4
View 01: Butterfly Arch Rust Option
facing west on Crow Canyon Road

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- DRAFT 2023-10-26 | REVISION 1
PAGE 5
View 01: Butterfly Arch Yellow Option
facing west on Crow Canyon Road

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- DRAFT 2023-10-26 | REVISION 1
PAGE 6
View 01: Butterfly Arch Gray Option
facing west on Crow Canyon Road

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- 

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing) DRAFT 2023-10-26 | REVISION 1
PAGE 10
View 2: Existing Site
facing south on Iron Horse Trail

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- PAGE 14
View 2: Truss Rust Option DRAFT 2023.10.26 | REVISION 1 facing south on Iron Horse Trail

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- PAGE 15
View 2: Truss Yellow Option DRAFT 2023.10.26 | REVISION 1 facing south on Iron Horse Trail

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- PAGE 16
View 2: Truss Gray Option DRAFT 2023.10.26 | REVISION 1 facing south on Iron Horse Trail

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- DRAFT 2023-10-26 | REVISION 1
PAGE 11
View 2: Arch Rust Option
facing south on Iron Horse Trail

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- DRAFT 2023-10-26 | REVISION 1
PAGE 12
View 2: Arch Yellow Option
facing south on Iron Horse Trail

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023- DRAFT 2023-10-26 | REVISION 1
PAGE 13
View 2: Arch Gray Option
facing south on Iron Horse Trail

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-

APPENDIX B

CONSTRUCTABILITY & CONSTRUCTION STAGING

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing) Option 1 Truss Arch
The Truss Arch design is essentially a single span steel truss with a span of 142’. It is envisioned to be erected in pieces with splice connections utilizing a temporary shoring tower set in the median. The placement of the prefabricated sections is a substantive effort due to its weight.

Large crane(s) are necessary with partial roadway (either eastbound or westbound) closure. Once the prefabricated truss segments are in place and connected, precast concrete panels will be placed on floor beam supports. The deck is completed with cast-in-place concrete closure pours. The side spans are prestressed concrete construction built on falsework. There are minor vertical steel elements to form the rest of the arch shape in the side spans. They will be attached to the concrete structure but do not serve any structural purpose.

The approach abutments are expected to be constructed of mechanically stabilized earth supported on footings.

Option 2 Butterfly Arch
The Butterfly Arch option is intended to be “self-anchored” with the deck serving as a tie, much like the deck of a tied-arch. This reduces the thrust forces of a traditional arch system which has a sizable horizontal component normally resisted by the substantial and costly foundation system. This design includes a connecting strut that transfers the thrust forces to the deck which serves as a tie. This provides an efficient and economical structure that provides the classic arch aesthetics without costly foundation work.

In constructing the arch, four prefabricated steel hollow sections will be erected with splice connections utilizing a temporary shoring tower set in the median. The steel sections are relatively light weight and will only require the use of smaller crane(s) with partial roadway (either eastbound or westbound) closure. The shoring tower will be taller than that required for the truss arch.

Once the arches are complete, precast deck panels will be erected and supported by the hangers mounted on the steel arches. The side spans are prestressed concrete construction built on falsework. Prestressing strands are installed in the deck from end to end and partially stressed. Infill concrete will be poured over the precast panels, which also act as forms. Once cured, there will be additional prestressing to complete the deck and the bridge. As the bridge deck is intended to act a tie under the permanent condition, there may be a need to install temporary struts to transfer the thrust forces to the abutment until the deck construction is complete. The contractor may also elect to cast the entire deck in place, similar to Option 3 tied-arch option. This approach could eliminate the need for temporary struts but is expected to be more costly.

The approach abutments are expected to be constructed of mechanically stabilized earth supported on footings.

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing) Option 3 Tied Arch
The Tied Arch Option was not studied to the level of Option 1 or Option 2. To construct the tied-arch, it is necessary to first construct substantial falsework over Crow Canyon Road. The deck will be poured in place and will act as a tie to resist the thrust forces of the arches. The steel hollow sections that form the arches will be prefabricated in four to six sections and erected with splice connections. The deck load will then be transferred to hangers mounted on the completed arches.
.

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing)

APPENDIX C

PROBABLE CONSTRUCTION COST CALCULATIONS

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing) CROW CANYON : OPTION 1 - Truss Arch
Item Unit Quantity Rates Amount
1 Excavation cy                   560             250.00                 140,000.00 2 Backfill cy                  308            100.00                  30,800.00 3 Piling 30" ‐ CIDH ft                  780            380.00                296,400.00 4 Concrete ‐ Foundations cy                  1,500.00 160                        240,000.00 5 Concrete ‐ Piers cy                     2,000.00 93                        186,000.00 6 Concrete ‐ Deck cy                  2,200.00 212                        466,400.00 7 Concrete ‐ Approaches cy                  1,700.00 300                        510,000.00 8 Reinf ‐ Foundations lb 37,200                            1.80                  66,960.00 9 Reinf ‐ Piers lb 18,600                            2.50                  46,500.00 10 Reinf ‐ Deck lb 40,200                            2.00                  80,400.00 11 Reinf ‐ Approaches lb 54,000                            1.80                  97,200.00 12 Struct Steel ‐ Truss Furnish lb 168,000                          9.00             1,512,000.00 13 Struct Steel ‐ Truss Erect lb 168,000                          4.50                756,000.00 14 Struct Steel ‐ Truss Clean and Paint ls                       120,000.00 1                    120,000.00 15 PT ‐ Deck Side Spans lb              3,100                7.00                  21,700.00 Subtotal 4,570,360.00
Design Allowance 20% 914,072.00
Complexity Adjustment 5% 228,518.00
Subtotal Bridge Construction             5,712,950.00
Subtotal Mobilization & Civil Construction             8,569,425.00 Total Project Construction           14,282,375.00
Probable Project Construction w/15% Contingency           16,424,731.25 Design Cost             2,500,000.00
Construction Engineering             2,400,000.00
Allowance for ROW, utility avoidance and relocation             2,000,000.00 Probable Project Cost (Low)           21,324,731.25
Probable Project Cost (High)           23,324,731.25

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing) CROW CANYON : OPTION 2 - Butterfly Arch
Item Unit Quantity Rates Amount
1 Excavation cy                  270            250.00                  67,500.00 2 Backfill cy                  180            100.00                  18,000.00 3 Piling 30" ‐ CIDH ft                  780            380.00                296,400.00 4 Concrete ‐ Foundations cy                     1,500.00 95                        142,500.00 5 Concrete ‐ Piers + Abutment cy                  2,000.00 103                        206,000.00 6 Concrete ‐ Arch Base + Struts cy                     2,000.00 48                          96,000.00 7 Concrete ‐ Deck cy                  2,300.00 175                        402,500.00 8 Concrete ‐ Approaches cy                  1,700.00 300                        510,000.00 9 Reinf ‐ Foundations lb 16,150                            1.80                  29,070.00 10 Reinf ‐ Piers Base + Abut lb 19,600                            2.00                  39,200.00 11 Reiinf. ‐ Arch Base + Struts lb              9,600                2.00                  19,200.00 12 Reinf ‐ Deck lb 36,700                            2.10                  77,070.00 13 Reinf ‐ Approaches lb 54,000                            1.70                  91,800.00 14 PT ‐ Deck Side Spans lb 12,000                            7.00                  84,000.00 15 Hanger Assembly ls                       70,000.00 1                        70,000.00 16 Struct Steel ‐ Arch Furnish lb 62,900                            9.00                566,100.00 17 Struct Steel ‐ Arch Erect lb 62,900                            5.00                314,500.00 18 Struct Steel ‐ Arch Clean and Paint ls 60,000                            1.00                  60,000.00 Subtotal 3,089,840.00
Design Allowance 30% 926,952.00
Complexity Adjustment 20% 617,968.00
Subtotal Bridge Construction             4,634,760.00
Subtotal Mobilization & Civil Construction             8,569,425.00 Project Construction (Truss Arch Base)          13,204,185.00 Probable Project Construction w/15% Contingency           15,184,812.75 Design Cost             2,500,000.00
Construction Engineering             2,400,000.00
Allowance for ROW, utility avoidance and relocation             2,000,000.00 Probable Project Cost (Low)           20,084,812.75
Probable Project Cost (High)           22,084,812.75

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing) CROW CANYON : OPTION 3 - Tied-Arch
Project Construction (Concept Report 2015) 11,530,000.00 California Construction Cost Index (October 2015) 6114
California Construction Cost Index (October 2023) 9654
Project Construction (Adjusted to October 2023) 18,205,858.68 Probable Project Construction w/15% Contingency 20,936,737.49 Design Cost 3,000,000.00
Construction Engineering 3,000,000.00
Allowance for ROW, utility avoidance and relocation 2,000,000.00 Probable Project Cost (Low) 26,936,737.49
Probable Project Cost (High) 28,936,737.49

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Attachment: A: Crow Canyon Road/Iron Horse Trail Overcrossing Project Concept Update Report (2023-121 : Crow Canyon Road Overcrossing)

CITY COUNCIL STAFF REPORT
DATE: November 14, 2023
TO: City Council/City Manager
FROM: Martin Lysons, City Attorney
By: Martin Lysons, City Attorney
SUBJECT: Public Hearing – Introduction of Ordinance (Next in Line) Amending Chapter XIII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code to Require the Safe Storage of Firearms in a Residence.

EXECUTIVE SUMMARY
The City has received numerous requests, by email and during Public Comment at recent City Council meetings, for the City to adopt an ordinance to enhance safe storage of firearms within residences in San Ramon. In response, the Council has asked staff to review similar ordinances that have been adopted in other jurisdictions and to present a draft San Ramon ordinance to the Policy Committee for its consideration. The Policy Committee reviewed this ordinance at its meeting of October 25, 2023, and directed staff to bring the ordinance before the full Council.

Under California Penal Code § 25100, a person is guilty of “criminal storage of a firearm in the third degree” if the person keeps any firearm within any premises that are under the person's custody or control and negligently stores or leaves a firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian, unless reasonable action is taken by the person to secure the firearm against access by the child. If, as a result, a child or prohibited person takes actual possession of a firearm or takes possession and causes injury, the charge may be “criminal storage of a firearm” in the second or first degree, which carry stiffer penalties.

The proposed ordinance, attached as Attachment A, eliminates the question of whether a gun owner should have “reasonably known” that a child or prohibited person was likely to access the firearm and requires safe storge of the firearm irrespective of whether a child is likely to be present. Various counties and cities in California, including Contra Costa County and the cities of Antioch, Dublin, Pleasanton, and Walnut Creek, have adopted similar ordinances to the attached proposed ordinance.

If adopted, the proposed ordinance will be added to Chapter XIII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code (SRMC), with enforcement as either an infraction or a misdemeanor under SRMC § A1-32

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(Violation-Penalty). Accordingly, a violation of this new section will be an infraction, punishable by a $100 fine (per firearm) for the first violation and greater fines for repeat violations within a calendar year. If a person violates the ordinance more than three times in any 12 -month period, or if the violation includes elements of reckless endangerment, the City will have the option of charging the violation as a misdemeanor.

RECOMMENDED ACTION
Staff recommends that the City Council introduce the Ordinance, waive the reading, open the public hearing, take public testimony, provide feedback to staff, close the public hearing, and, if appropriate, make a motion to set the Ordinance for adoption at the November 28, 2023 City Council Meeting.

BACKGROUND/DISCUSSION
A 2017 Pew Research Center survey found that 42% of adults live in a gun-owning household.

Roughly a third of homes in the United States with children have guns, and an estimated 4.6 million children live with unlocked, loaded guns in the home. The Centers for Disease Control and Prevention report that in 2020 there were 45,222 firearm-related deaths in the United States, and 54% (22,292) of the firearm-related deaths were suicides. According to a 2008 report published in the New England Journal of Medicine, living in a home where there are guns increases the risk of death by homicide by between 40% and 170% and the risk of suicide by 90% to 460%.

California Penal Code § 25100 makes it a crime for a person to store a firearm negligently or leave a firearm in any location within premises under the person’s custody or control, and to do so when the owner knows, or should know, that a child is likely to gain access to it without a parent or guardian’s permission, unless reasonable action is taken by the person to secure the firearm against access by the child. The penalties increase if (1) a person keeps any firearm within any premises under the person’s custody or control, (2) if the person knows or should know that a child is likely to gain access to the firearm without the permission of a parent or guardian, or that a person prohibited from possessing a firearm or deadly weapon under state or federal law is likely to gain access to the firearm, and (3) the child, or person prohibited from possessing a firearm, obtains access to the firearm and causes injury to themselves or another person, or carries the firearm to a public place. The penalties further increase if the child, or person prohibited from possessing a firearm, causes death or great bodily injury to themselves or another person.

If the firearm is kept in a locked container or in a location that a reasonable person would believe to be secure, or if the firearm is locked with a locking device rendering the firearm inoperable, then Penal Code § 25100 does not apply.

Existing state law requires that, except for certain exemptions, any firearm sold or transferred in California by a licensed firearms dealer and any firearm manufactured in California, shall

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include or be accompanied by a firearm safety device that is listed on the Department of Justice’s roster of approved firearm safety devices and identified as appropriate for that firearm.

Currently, no state law requires safety devices, such as lock boxes or trigger locks, to be used on all firearms stored in a residence. Keeping a firearm locked when it is not being carried ensures that it cannot be accessed and used by others without the owner's knowledge or permission.

Applying trigger locks or using lock boxes when storing firearms in the home reduces the risk of unauthorized users, including children, from accessing and using firearms, thereby reducing the risk of unintentional discharges, firearm theft, gun-related homicides, and suicides. Multiple advocacy groups strongly recommend safe storage measures in homes with children and teenagers where guns are stored.

Several California jurisdictions have adopted “safe firearm storage” ordinances to bolster firearm safety in the home. Safe storage ordinances are in effect in multiple Bay Area municipalities, including Contra Costa County, Antioch, Alameda, Belvedere, Berkeley, Dublin, Moraga, Oakland, Orinda, and San Francisco.

The proposed ordinance would require any person in a residence in San Ramon to store firearms in a locked container or disable them with an appropriate safety device. The requirements of the ordinance would not apply when a firearm is legally carried on the person, or otherwise in his or her immediate possession and control, nor when the firearm is in the immediate possession and control of a peace officer. To encourage reporting of lost or stolen firearms, a person who complies with California Penal Code § 25250, by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen, would not be prosecuted for a violation of the ordinance. A violation of the ordinance would be subject to enforcement through criminal prosecution as an infraction or misdemeanor, and each violation would be deemed a distinct and separate offense.

ANALYSIS
The ordinance seeks to balance the safety concerns associated with gun ownership and the privacy concerns of the gun owner. While it does go beyond the normal scope of law enforcement, the ordinance would not create an unreasonable burden to persons lawfully carrying and storing firearms in the home. That said, the applicability of the ordinance is somewhat limited. Because the ordinance regulates behavior in the home, the police department would not be able to observe actual violations except under very narrow circumstances. For example, an officer would have no authority to demand entry to a home to investigate a reported violation of the ordinance without consent of the owner. The practical benefit of the ordinance is that it fills a gap in existing law and eliminates the subjective “reasonably known” standard that is currently built into State Law, drawing a clearer line between lawful and unlawful storage.

Policy Committee: The City Attorney presented the proposed ordinance to the Policy Committee on October 25, 2023. After taking testimony from four members of the public who were in favor

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of the ordinance and one citizen who was opposed, the Committee elected to bring the Ordinance before the full City Council for its consideration and possible adoption.

CEQA
Adoption of the ordinance currently under consideration would not be subject to the California Environmental Quality Act under the general rule in CEQA Guidelines § 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. There is no possibility that the ordinance would have a significant effect on the environment.

FISCAL ANALYSIS
Except for incidental costs associated with enforcement, adoption of this ordinance will not affect the General Fund.

STEPS FOLLOWING APPROVAL

1. If the Ordinance is adopted at the November 28, 2023 City Council meeting, the Ordinance shall be posted in three (3) public places in the City within 15 days after adoption.

2. The 31st day after adoption, the Ordinance is effective and SRPD can begin enforcement as appropriate.

ATTACHMENT
Attachment A - Draft Ordinance

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DRAFT
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ADDING SECTION B7-250 (SAFE STORAGE OF FIREARMS IN A RESIDENCE REQUIRED) TO CHAPTER XIII (FIREARMS) OF DIVISION B7 (PUBLIC PEACE, MORALS AND

WELFARE) OF TITLE B (REGULATIONS) OF THE SAN RAMON MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN as follows:

SECTION 1. TITLE B (Regulations), DIVISION B7 (Public Peace, Morals and Welfare), CHAPTER XII (Firearms) of the San Ramon Municipal Code is hereby repealed and replaced to read as follows:

CHAPTER XII
Firearms
B7-247. - Discharge restrictions—Exceptions.

A. No person shall discharge any firearm within the jurisdictional boundaries of the city.

For purposes of this subsection "firearms" include not only weapons which propel projectiles of any size by explosive force but any instrument which propels a shot or pellet .177 inches (4.5 mm), or greater, in diameter by air, gas, spring, elasticity or leverage but exclude spring operated, single shot weapons that can only shoot BB's.

B. Subsection A of this section shall not apply to the discharge of firearms otherwise authorized by law.

B7-248. - Possession of firearms, pellet guns and similar weapons by minors.

No minor shall possess or use any of the following listed firearms, weapons and/or instruments except under the direct supervision and control of the minor's parent or legal guardian, or an adult authorized by said parent or legal guardian.

A. Any firearm or weapon which propels a projectile of any size by explosive force; B. Any instrument which propels a shot or pellet by air, gas, spring, elasticity or leverage; C. Any bow and arrow with a pull of fifteen pounds or more, cross bow or similar archery device.

B7-249. - Sale of ammunition to minors prohibited.

No person shall sell or give to any minor any ammunition capable of being used in any firearm, BB gun, pellet gun, airguns or gas-operated guns unless the minor is accompanied by his or her parent or legal guardian, or an adult authorized by said parent or legal guardian.

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Attachment: Attachment A - Draft Ordinance (2023-37 : Safe Storage of Firearm Ordinance) Section B7-250. Safe Storage of Firearms in a Residence Required.

A. No person shall keep a firearm (as defined in California Penal Code section 16520, as amended from time to time) in any residence in San Ramon owned or controlled by that person unless the firearm is stored in a locked container (as defined in California Penal Code section 16850, as may be amended from time to time) or the firearm is disabled with a safety device listed on the California Department of Justice’s roster of firearm safety devices (as defined in the California Penal Code sections 16540 & 23635, as may be amended from time to time).

B. Exceptions:

1. Subsection (a) does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, and/or federal laws.

2. Subsection (a) does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of a peace officer (as defined in California Penal Code sections 830 et. seq, as may be amended from time to time).

3. To encourage reporting of lost or stolen firearms (as defined in California Penal Code section 16520, as may be amended from time to time), a person who complies with California Penal Code section 25250 by reporting the loss or theft of a firearm they own or possess to a local law enforcement agency within five days from the time they knew or reasonably should have known the firearm had been lost or stolen shall not be prosecuted for violation of subsection (a).

C. It is not the intention of this Section to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.

D. Any person who violates any provision of this Section B7-250 shall be deemed guilty of a misdemeanor or an infraction.

1. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in Section A1-32.A of this Code.

2. If charged as a misdemeanor, the penalty upon conviction of such person shall be a fine, imprisonment in the county jail, or by both, as set forth in Section A1-32.B of this Code.

3. Each violation shall be deemed a distinct and separate offense.

Section B7-251 through B7-252. Reserved.

SECTION 2. CEQA
The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15378 and 15061 of the CEQA Guidelines in that the activity has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment.

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Attachment: Attachment A - Draft Ordinance (2023-37 : Safe Storage of Firearm Ordinance) SECTION 3. Severability
If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

SECTION 4. Effective Date
This Ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this Ordinance shall be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council voting for and against the same.

The foregoing Ordinance was introduced at the meeting of the City Council of the City of San Ramon on <DATE>, and after public hearing, was adopted on <DATE> by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

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Attachment: Attachment A - Draft Ordinance (2023-37 : Safe Storage of Firearm Ordinance)