CITY COUNCIL AGENDA
October 8, 2024
WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE
ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON
David E. Hudson, Mayor • Scott Perkins, Vice Mayor
Mark Armstrong, 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.
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. 2 City Council Meeting – October 8, 2024
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 - September 24, 2024 Recommendation: Approve Minutes
5.2 Resolution No. 2024-100 - Accepting the Work by Rodan Builders, Inc. (C2023- 042) to Provide Construction Services for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements and Authorize the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder’s Office
Recommendation: Approve Resolution No. 2024-100
5.3 Resolution No. 2024-101 - Adopting the Amended Affordable Rental Housing Fee Waiver Policy for Certain Rental Projects that Are All Affordable to Household Making 80% of Area Median Income or Lower
Recommendation: Approve Resolution No. 2024-101
6. SPECIAL PRESENTATIONS
6.1 Proclamation Declaring October 2024 as Domestic Violence Awareness Month.
Presentation to Nadia Anne, Rewire Community Board Secretary and Shveta Mehra, Narika Direct Service Volunteer, Sanjay Singh, Narika Board President and Rima Chakraborty, Narika Board Member.
6.2 Recognition of the 2024 Community Planning Academy Graduates.
Syed Ali, Carla Barbetti, Garry Chaban, Amy Ho, Zahid Iqbal, Aswathi Kuruvilla, Rebecca Lee, Jinsong Ma, Ranganathan Madhanagopal, Bushra Mahmood, Daniel Manguy, Jaideep Moorthy, Padmaja Nayani, Kimberley Nguyen, Valerie Nguyen, Gary Ni, Curtis Randleman, Helen Rozman, Alice Tankel, Riannon Thomas, Yohannes Tilahun, Brenda Zhu, Raymond Zhu 3 City Council Meeting – October 8, 2024
7. DEFERRED CONSENT ITEMS
8. UNFINISHED BUSINESS
9. NEW BUSINESS
10. CITY MANAGER'S AND CITY COUNCIL MEMBERS' COMMENTS /
MATTERS INITIATED
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: October 3, 2024
4 City Council Meeting – October 8, 2024
HOW TO VIEW OR PARTICIPATE IN THE MEETING:
The public is invited to participate in the meeting using any of the following methods:
IN-PERSON
Members of the public can provide in-person comments at the meeting. 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.
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 via e-mail, 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.
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.
a. Zoom: https://cityofsanramon.zoom.us/j/94109619691
Webinar ID: 941 0961 9691
b. Zoom Phone Numbers: +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
September 24, 2024
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, and Police Chief Denton Carlson.
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 is from Greg Carr, Gary Alpert representing the San Ramon Valley Education Foundation, Dinesh Govindarao, and Chirag Kathrani.
5. CONSENT CALENDAR
Vice Mayor Perkins' motion to approve consent calendar items 5.1 through 5.5 was seconded by Cm. Verose. The motion passed 4-0-1-0. Cm. Rubio was absent.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scott Perkins, Vice Mayor
SECONDER: Sridhar Verose, Councilmember
AYES: Hudson, Perkins, Armstrong, Verose
ABSENT: Rubio
5.1 Minutes of the City Council Regular Meeting and Closed Session - Sep 10, 2024 Recommendation: Approve Minutes
5.2 Register of Demands as Presented by the City Treasurer (Period Ending August 31, 2024)
Recommendation: Approve Register of Demands
Name Title Status
Dave Hudson Mayor Present
Scott Perkins Vice Mayor Present
Mark Armstrong Councilmember Present
Sridhar Verose Councilmember Present
Marisol Rubio Councilmember Absent
5.1 Packet Pg. 6
Minutes Acceptance: Minutes of Sep 24, 2024 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – September 24, 2024
5.3 Resolution No. 2024-097 - Authorizing the City Manager to Execute Master Cooperative Agreement No. 43.00.120 Between the Contra Costa Transportation Authority and the City of San Ramon to Receive Measure J Commute Alternative Funds to Implement the City of San Ramon and Southwest Area Transportation (SWAT) - Transportation Demand Management (TDM) Programs Recommendation: Approve Resolution No. 2024-097
5.4 Resolution No. 2024-098 - Authorizing the Mayor to Execute an Agreement with Edgeworth Integration, LLC. Authorizing a Statement of Work for the Equipment, Installation, and Licensing Fees in an Amount Not to Exceed $169,900
Recommendation: Approve Resolution No. 2024-098
5.5 Resolution No. 2024-099 - Authorizing Execution of Amendment No. 1 to the Unrepresented Miscellaneous Employees Salary and Benefits Resolution and Corresponding Update to the FY 2024/25 Salary Schedule
Recommendation: Approve Resolution No. 2024-099
6. SPECIAL PRESENTATIONS
7. DEFERRED CONSENT ITEMS
8. UNFINISHED BUSINESS
9. NEW BUSINESS
9.1 Behavioral Health Response Program Update
Introduction by Fire Chief Paige Meyer and Police Chief Denton Carlson. Presentation by Deputy Fire Chief Jonas Aguiar and EMS Division Manager Lance Maples.
Public comment was received from Greg Carr.
The City Council did not take any action on this item.
10. CITY MANAGER'S AND CITY COUNCIL MEMBERS' COMMENTS /
MATTERS INITIATED
11. ADJOURNMENT
The meeting was adjourned at 8:45 p.m.
5.1 Packet Pg. 7
Minutes Acceptance: Minutes of Sep 24, 2024 7:00 PM (CONSENT CALENDAR)
CITY COUNCIL STAFF REPORT
DATE: October 8, 2024
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Mike Dodds, Program Manager
SUBJECT: RESOLUTION NO. 2024-100 - Accepting the Work by Rodan Builders, Inc. (C2023-042) to Provide Construction Services for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements and Authorize the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder’s Office
EXECUTIVE SUMMARY
On May 23, 2023, the City Council adopted Resolution No. 2023-058, authorizing the Mayor to enter into an Agreement with Rodan Builders, Inc. (C2023-042) to provide construction services for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements in an amount not to exceed $1,275,800. On May 28, 2024, the City Council adopted Resolution No. 2024-060, authorizing Amendment No. 1, which provided an additional amount of $125,281, for a total cumulative amount not to exceed $1,401,081, due to required plan review, revisions, and additional construction costs associated with the California Division of the State Architect (DSA) review and approval. On August 13, 2024, the City Council adopted Resolution No. 2024-089, authorizing Amendment No. 2, which provided an additional amount of $117,964 for a total cumulative amount not to exceed $1,519,045, due to additional work identified by DSA during a punch list walk. The renovation is now complete. The final cost of the work completed by Rodan Builders, Inc. is $1,519,045. Staff is recommending that the City Council adopt this Resolution, which will deem the Project complete and initiate the 30-day Stop Notice period, as required by law.
RECOMMENDED ACTION
Staff recommends adoption of this Resolution, accepting the work by Rodan Builders, Inc. (C2023-042) for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements and authorize the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder’s Office.
BACKGROUND/DISCUSSION
On May 23, 2023, the City Council adopted Resolution No. 2023-058, authorizing the Mayor to enter into an Agreement with Rodan Builders, Inc. (C2023-042) to provide construction services for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior
5.2 Packet Pg. 8
Improvements in an amount not to exceed $1,275,800.
On May 28, 2024, the City Council adopted Resolution No. 2024-060, authorizing an appropriation of $227,108 to the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements from the Infrastructure Maintenance Fund and Amendment No. 1, which provided an additional amount of $125,281, for a total cumulative amount not to exceed $1,401,081. These factors increased the Project's costs for design, construction, and DSA inspections, and the completion date was extended to June 30, 2024. As a result, additional appropriations from the Infrastructure Maintenance Fund were needed.
On July 30, 2024, a punch list walk with DSA identified additional work for Rodan, including the need for extra anchoring for the locker system and the installation of an Americans with Disabilities Act (ADA)-compliant seat in the locker room showers. As a result, the construction and inspection costs increased, and the Project's completion date was extended to September 30, 2024.
On August 13, 2024, the City Council adopted Resolution No. 2024-089, authorizing Amendment No. 2, which provided an additional amount of $117,964 for a total cumulative amount not to exceed $1,519,045, due to the additional work identified by DSA during the punch list walk.
Rodan has completed the renovation as specified in the Agreement and within the authorized budget for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements. The work included final grading and updates to the locker rooms and bathrooms, moisture mitigation in the coach's office (Room #106), installation of new epoxy flooring in the classroom, hallway, lifeguard office, and maintenance office, new carpeting in the lobby, lighting upgrades in the Aquatic Center, additional anchoring for the locker system, and the installation of an ADA-compliant shower seat in the locker rooms, all in compliance with the latest codes and ADA regulations.
Acceptance of work for 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 FY 2020/21 Capital Budget authorized funding for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) from the 2019 Certificate of Participation Debt Financing and the Infrastructure Maintenance Fund.
Rodan’s portion of the San Ramon Olympic Pool and Aquatic Park Renovation Project was completed for a total cost of $1,519,045, which is the contract amount.
STEPS FOLLOWING APPROVAL
The City Clerk will file a Notice of Completion with the Contra Costa County Clerk Recorder’s Office.
5.2 Packet Pg. 9
ATTACHMENT
A: Notice of Completion - Rodan Builders, Inc.
5.2 Packet Pg. 10
RESOLUTION NO. 2024-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ACCEPTING THE WORK BY RODAN BUILDERS, INC. (C2023-042) TO PROVIDE
CONSTRUCTION SERVICES FOR THE SAN RAMON OLYMPIC POOL AND AQUATIC PARK RENOVATION (CIP 200006) - INTERIOR IMPROVEMENTS AND
AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE CONTRA COSTA COUNTY CLERK RECORDER’S OFFICE
WHEREAS, on May 23, 2023, the City Council adopted Resolution No. 2023-058, authorizing the Mayor to enter into an Agreement with Rodan Builders, Inc. (C2023-042) to provide construction services for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements in an amount not to exceed $1,275,800; and WHEREAS, on May 28, 2024, the City Council adopted Resolution No. 2024-060, authorizing an appropriation of $227,108 to the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements from the Infrastructure Maintenance Fund and Amendment No. 1 which provided an additional amount of $125,281, for a total cumulative amount not to exceed $1,401,081 through June 30, 2024; and WHEREAS, additional appropriations from the Infrastructure Maintenance Fund were required due to the increase in Project cost for design, construction, and California Division of the State Architect (DSA) inspections; and
WHEREAS, on July 30, 2024, a punch list walk with DSA identified additional work to be completed by Rodan, including the need for extra anchoring for the locker system and the placement of an Americans with Disabilities Act-compliant seat in the locker room showers. As a result, the construction and inspection costs increased, and the project's completion date was extended to September 30, 2024; and
WHEREAS, on August 13, 2024, the City Council adopted Resolution No. 2024-089, authorizing Amendment No. 2, which provided an additional amount of $117,964 for a total cumulative amount not to exceed $1,519,045 through September 30, 2024; and WHEREAS, Rodan Builders, Inc. has completed the renovation as specified in the Agreement and within the authorized budget amount of $1,519,045 for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements; and WHEREAS, the work included final grading and updates to the locker rooms and bathrooms, moisture mitigation in the coach's office (Room #106), installation of new epoxy flooring in the classroom, hallway, lifeguard office, and maintenance office, new carpeting in the lobby, lighting upgrades in the Aquatic Center, additional anchoring for the locker system, and the installation of an ADA-compliant shower seat in the locker rooms, all in compliance with the latest codes and ADA regulations.
5.2 Packet Pg. 11
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby accept the work by Rodan Builders, Inc. (C2023-042) to provide construction services for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements and authorize the City Clerk to file a Notice of Completion with the Contra Costa County Clerk Recorder’s Office.
PASSED, APPROVED AND ADOPTED at the meeting of October 8, 2024 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk
5.2 Packet Pg. 12
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:
Rodan Builders, Inc
3486 Investment Blvd., Suite B
Hayward, CA 94545
06/21/2023
(Contract Date)
3. Brief Description of the Project:
Construction Services for the San Ramon Olympic Pool and Aquatic Park Renovation (CIP 200006) - Interior Improvements - 9900 Broadmoor Dr. San Ramon, CA 94583
4. Said work was completed and accepted by the San Ramon City Council on: October 8, 2024
5. The surety on said contract was held by:
Hartford Fire Insurance Company
One Pointe Drive, 6th Floor
Brea, CA 92821
57BCSJA7840
(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. 13
Attachment: A: Notice of Completion - Rodan Builders, Inc. (2024-100 : Accepting Work by Rodan)
CITY COUNCIL STAFF REPORT
DATE: October 8, 2024
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Debbie Chamberlain, Community Development Director
SUBJECT: RESOLUTION NO. 2024-101 - Adopting the Amended Affordable Rental Housing Fee Waiver Policy for Certain Rental Projects that Are All Affordable to Household Making 80% of Area Median Income or Lower
RECOMMENDED ACTION
Approve a Resolution adopting the amended Affordable Rental Housing Fee Waiver Policy for projects that provide all low- and very low-income rental units.
BACKGROUND/DISCUSSION
The General Plan Housing Element Program 10 (Affordable Housing Development) and Program 11 (Affordable Housing Funding) are intended to promote production of affordable housing through financial and regulatory incentives and promote funding strategies for the development of affordable housing. Program 12 references the City’s Inclusionary Housing and In-Lieu Fee program. Program 14 of the Housing Element requires the City establish a “specific program for use of housing in-lieu fees-including timelines, milestones, and identification of housing sites-in order to ensure the timely construction of affordable housing units.” On October 26, 2021, the City Council approved Resolution No. 2021-122 adopting the Affordable Housing Trust Fund Policy for the use of these in-lieu housing fees. On October 11, 2022, the City Council adopted Resolution No. 2022-128 approving the Affordable Rental Housing Fee Waiver Policy as a vehicle to provide a second funding strategy and a tool to support the production of all affordable projects that provide low- and very low-income rental units. On February 14, 2024, the Community Development Director in response to the directive set forth by AB 1397, prepared a policy “Processing Procedures for Use By Right Projects” which implements Housing Element Program 15 to identify the City’s approval process for Uses By Right projects on specific sites that provide at least 20% affordable units to lower-income households. While the Affordable Rental Housing Fee Waiver Policy and the Processing Procedures for Use By Right Projects are not directly linked, they demonstrate the City’s commitment to providing affordable housing, and continued implementation of our Certified Housing Element.
Affordable Rental Housing Fee Wavier Policy
The City Council-adopted Affordable Rental Housing Fee Waiver Policy applies to allaffordable housing projects. Recent changes in State law allow most all-affordable housing
5.3 Packet Pg. 14
projects, under certain criteria, as a “use by right,” meaning that the City may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval for the affordable housing projects that meet the criteria. In other words, the City has no discretion to deny any such project. Staff can only enforce the objective criteria in its building and zoning codes.
The City recently processed the Deerwood and Omega Workforce Housing Community, the first Use By Right approval under the City’s Processing Procedures for Use By Right Policy, and staff anticipate future Use By Right projects. With the potential for additional Use By Right projects, staff recommends amending the Affordable Rental Housing Fee Waiver Policy to require an informational presentation to the Council whenever an applicant for a Use By Right project requests a fee waiver. Such a presentation would be one of the criteria for eligibility for a fee waiver and is not intended to influence the design of the project; therefore, the requirement is consistent with the By-Right provisions of the Housing Accountability Act.
Currently, information related housing projects, including Use By Right, are posted to the City’s Pending Housing Project webpage. Additionally, the public is made aware of Use By Right projects via updates at City Council meetings by the City Manager and the City’s weekly “What’s New” updates. The proposed requirement for a presentation to the Council would add another level of transparency to the process.
An informational presentation before the City Council would enhance outreach, providing the public with greater awareness of future Use By Right projects. The City Council adopted the original Affordable Rental Housing Fee Wavier Policy waving certain impact fees for all affordable projects, and fee waivers may only be considered by the City Council. Furthermore, City Council meetings have 2,246 subscribers, in addition to nearly 1,900 subscribers to the general “Official Meetings and Notices” email list, and a higher attendance rate due to the range of items discussed.
The Policy Committee considered the proposed amendment at their September 25, 2024 meeting.
Discussion focused on the appropriate body to receive the informational presentation, the City Council or the Planning Commission. The informational presentation is intended to be a criterion to be eligible for fee waivers; therefore, from a subject matter perspective, this is not a planning issue, but a financing issue. Based on the above, the Policy Committee agreed that the City Council would be the appropriate body to receive an informational presentation and forwarded the recommendation to the City Council for consideration.
FISCAL ANALYSIS
There are no fiscal impacts to the proposed amendment.
STEPS FOLLOWING APPROVAL
Implement the Affordable Rental Housing Fee Waiver Policy.
5.3 Packet Pg. 15
RESOLUTION NO. 2024-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON
ADOPTING THE AMENDED AFFORDABLE RENTAL HOUSING FEE WAIVER
POLICY FOR CERTAIN RENTAL PROJECTS THAT ARE ALL AFFORDABLE TO HOUSEHOLD MAKING 80% OF AREA MEDIAN INCOME OR LOWER
WHEREAS, Program 10 of the Housing Element calls for the Affordable Housing Development and, among other goals, recognizes the need to “Provide financial and regulatory incentives to non-profit housing corporations, private developers, and public agencies to increase the supply of housing affordable to San Ramon’s and lower and moderate income households; and
WHEREAS, Program 11 of the Housing Element calls for the Affordable Housing funding sources and, among other goals, commits the City to “pursue various financing strategies for development of affordable housing, including land banking, tax credits, bonds, and mortgage credit certificates” among other strategies; and
WHEREAS, Program 14 of the Housing Element requires the City to establish a “specific program for use of housing in-lieu fees-including timelines, milestones, and identification of housing sites-in order to ensure the timely construction of affordable housing units,” and the waiver of fees may be another tool to supplement funding for affordable housing; and
WHEREAS, the production of low, very low, and extremely low income units will help address the City’s Regional Housing Needs Allocation (RHNA) and will help provide rental housing for lower income residents; and
WHEREAS, on September 22, 2022, the Housing Advisory Committee considered the Draft Affordable Rental Housing Fee Waiver Policy (“Fee Waiver Policy”) and recommended service fee waivers, encouraged diversity in project implementation, and forwarded a recommendation to the City Council Policy Committee; and WHEREAS, on September 28, 2022 the City Council Policy Committee considered the Fee Waiver Policy and comments from the Housing Advisory Committee, and forwarded the Fee Waiver Policy to the City Council for consideration; and WHEREAS, on October 11, 2022 the City Council adopted the Fee Waiver Policy; and WHEREAS, the Fee Waiver Policy is intended to be a second funding strategy for all affordable projects that provide low, very low, and extremely low income rental units; and WHEREAS, information related housing projects, including Use By Right, is posted to the City’s Pending Housing Project webpage, and the public is made aware of Use By Right projects via updates at City Council meetings from the City Manager, and the City’s weekly
5.3 Packet Pg. 16
“What’s New” updates; and
WHEREAS, Staff proposes to amend the Fee Waiver Policy to require an informational presentation before the City Council to enhance outreach when an applicant for a Use By Right project requests a fee waiver, providing the public with greater awareness of future Use By Right projects; and
WHEREAS, the Deerwood and Omega Workforce Housing Community Use By Right project was approved on May, 17, 2024 and is vested under the October 11, 2022 Affordable Rental Housing Fee Waiver Policy; and
WHEREAS, on September 25, 2024 the City Council Policy Committee considered the amendment to the Fee Waiver Policy and forwarded the amendment to the City Council for consideration; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council, does hereby adopt this Resolution amending the Affordable Rental Housing Fee Waiver Policy.
PASSED, APPROVED AND ADOPTED on this 8th day of October, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
David E. Hudson, Mayor
ATTEST:
Christina Franco, City Clerk
Exhibit 1: Amended Affordable Rental Housing Fee Waiver Policy, dated October 8, 2024
5.3 Packet Pg. 17
Exhibit 1
DRAFT
Affordable Rental Housing Fee Waiver Policy
Amended by the City Council - October 8, 2024
The purpose of the Affordable Rental Housing Fee Waiver Policy is to provide guidance on fee waivers for Low, Very Low and Extremely Low units in rental projects that are all affordable.
Currently residential rental projects are required to provide low and very low income units associated with the City’s Inclusionary Housing standards. Low Income is consider 80% or less of Area Median Income (AMI), Very Low Income is consider 50% or less of AMI and Extremely Low Income is considered 30% or less AMI. The requirements helps the production of low and very low income units to address the City’s Regional Housing Needs Allocation (RHNA) and provide housing for lower income residents. While the inclusionary standards go a long way in meeting RHNA needs, it is generally recognized that there is a need for additional tools, such as fiscal incentives, to support increased production, particularly for low and very low income units.
State law provides that a City has discretion to waive certain City Impact and Service Fees that can assist in the production and fiscal viability of all affordable housing projects with Low, Very Low and Extremely Low income units. In addition to the fee waivers serving as a fiscal incentive for affordable units, the monetary value of these waivers can also serve as the City’s local match for additional affordable housing grant funding. The Policy includes guidance on:
• Local Funding Match Provisions
• Eligibility and Project Qualifications for Fee Waivers • Fee Waivers for the Construction of Low and Very Low Affordable Rental Units
1. Impact Fee Waivers
2. City Service Fee Waivers
• Calculation of Fee Waivers
• Reimbursement of Fee Waivers
Local Funding Match Provisions
Local match is important for many project to qualify for various affordable housing funding and grants. Local match can be structure in several way from fee waivers to subsidies and loans.
The City has an existing policy for the use of the Affordable Housing Trust Fund which is intended to support the implementation of housing programs and production of affordable units.
In the past, these fees have been used for local match to support grant and other affordable housing funding applications. The value of the potential fee waivers associated with this policy is that they would also be considered a local match to support projects with affordable housing units and potentially aid in satisfying RHNA numbers, particularly low and very ow income
5.3 Packet Pg. 18
units.
Eligibility and Project Qualifications for Fee Waivers
Development Projects with 100% affordable rental units will qualify for waivers of the fees associated with low and very low-income affordable rental units, consistent with local affordability standards. The following shall be required to be eligible for fee waivers per this policy:
• Submittal of a formal request letter for fee waiver, demonstrating compliance with the Policy objectives and number of Low, Very Low and Extremely Low income rental units that qualify for waivers.
• For Use By Right projects, informational presentation before the City Council. • For discretionary projects, fee waivers apply to Low, Very Low and Extremely Low income affordable rental units only.
• Projects may have manager units on site and still qualify under all affordable provisions and fee waivers because they are required for all affordable developments. Currently, the State requires 1 manager unit for every development of 16 units or more and 2 manager units for over 161 units, increasing with every additional 80 units over 161 to a maximum of 4 on-site manager units.
• Requires valid City approvals and would also apply to projects eligible for by right construction with affordable deed restricted rental units consistent with the policy objectives.
• All units shall be below 80% Area Median Income. These specific breakdown of units shall be consistent with State funding guidelines. Where feasible, project should include a mix of Low, Very Low and Extremely Low income units.
• Requires a City approved Affordable Housing Agreement prior to Building Permit issuance.
• Requires a minimum 55-year Affordability Restriction. • Requires all fee waivers units to be maintained as rental units for the term of affordability.
• Fee waivers are to be considered a local funding match by the City for other funding opportunities and applications.
Fee Waivers for the Construction of Low and Very Low Affordable Rental Units In an effort to support affordable housing production, the City will waive certain City Impact Fees and City Service fees associated with the construction of Low, Very Low and Extremely Low income affordable units. Projects that are all affordable project are eligible for waivers of impact fees for all low and very low income units; however, certain City Service Fees, which are necessary to offset cost of service, are capped at 25 percent of the total units as outlined below.
5.3 Packet Pg. 19
1. City Impact Fee Waivers
• City Traffic impact Fee
• School Age Child Care Fee
• Park and Recreation Facility Impact Fee
• Private Sector Art and Beautification Fee
• Open Space Development Impact Fee
• Specific Plan Recovery Fees
• General Plan Recovery Fee
• Zoning Ordinance Recovery Fee
• Tri Valley Transportation Development Fee. (Currently waived for Affordable Units)
2. City Service Fee Waivers
City Service Fee Waivers to up to 25% of total units that qualify as Low, Very Low and Extremely Low income units for all affordable projects
• Building Permit Plan Check Fees
• Building Permit Inspection Fees
• Planning Plan Check Review Fees
• Engineering Plan Check Fees
• Engineering Inspection Fees
Calculation of Fee Waivers
Impact Fees and Service fees are calculated based on various methodologies including total qualified units, valuation, or square footage.
Impact Fee Waver Calculation
• Unit based fee shall be based on the total qualified units meeting the Low, Very Low and Extremely Low income requirements. The fee waiver calculation also include manager units as required and limited by State law
• Valuation based fees shall be calculated based on the Building Division’s Fee estimate or acceptable architect/engineers estimate and prorated on per square foot basis for habitable space associated with the Low, Very Low and Extremely Low income units. Does not include parking structures and other non-conditioned spaces. • Square footage calculations shall be based on the square footage of the qualified units and related habitable spaces. Does not include parking structures and other non conditioned spaces.
Service Fee Waivers Calculations.
5.3 Packet Pg. 20
• Service Fee waiver shall be calculated with the same methodology as the Impact Fee calculations with the exception that Services Fees are limited to a maximum of 25% for a qualified a project.
Reimbursement of Fee Waivers
The City Council has the option to reimburse a project’s fee waiver expenses for a specific fund area or the impact as a whole from the Affordable Housing Trust Fund. Reimbursement from the Affordable Housing Trust Fund is one way to minimize impacts to General Fund and/or dedicated revenue accounts while also using affordable housing fees as intended.
Reimbursement is subject to the availability for funds and the Council’s budget priorities.
5.3 Packet Pg. 21