Agenda packet — San Ramon City Council, December 10, 2024 (part 2 of 2)

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Packet Pg. 279 Attachment: J: CFD 2014-1 (Tax Zone 1) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2)

SAN RAMON

COMMUNITY FACILITIES
DISTRICT NO. 2014-1
(TAX ZONE NO. 2)
Prepared by:

Francisco & Associates, Inc.
231 Market Place, Suite 543
San Ramon, CA 94583
(925) 867-3400
Fiscal Year 2020-21
Annual Report
October 20, 2021

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Packet Pg. 280 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) TABLE OF CONTENTS
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TABLE OF CONTENTS
Page No.

Section I – Introduction ....................................................................................................................... 1 Section II – Revenues and Expenditures .......................................................................................... 3 Section III – Status of Improvements and Services....................................................................... 4 Section IV – Calculation of Special Tax Levy ................................................................................. 5 Appendix A - Rate and Method of Apportionment of Special Tax Appendix B - List of Authorized Services
Appendix C - Boundary Map
Appendix D - Summary of Annual Special Tax Rates by Land Use by Fiscal Year Appendix E - Special Tax Roll

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Packet Pg. 281 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) SECTION 1
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1 SECTION I

INTRODUCTION
A Resolution of Formation (Resolution No. 2014-026) creating City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services) (the “CFD”) was approved on February 25, 2014, by the City Council (the “Council”) of City of San Ramon (the “City”). The CFD was created to mitigate the negative fiscal impact of new development on public facilities and services.

Upon formation of the CFD all parcels were located within Tax Zone No. 1.

On November 14, 2017, Subdivisions 9443, 9455, 9456 and 9457 were annexed to the CFD and are located within Tax Zone No. 2. The special tax may be levied in the CFD each fiscal year commencing with Fiscal Year (FY) 2018-19.

This report provides a detailed description of the process used to calculate annual special tax levies for the CFD. The special taxes are calculated according to “Supplement No. 1 to the Rate and Method of Apportionment of Special Tax” (RMA) (see Appendix “A”) as adopted at the time the property was annexed into the CFD.

BOUNDARIES OF THE CFD
All territory in the CFD is shown on the recorded boundary map. The Boundary Map was recorded on November 21, 2017 in Book 86 of Maps of Assessments and Community Facilities Districts at

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map showing the boundaries of Tax Zone No. 2 within the CFD. Parcels exempted by law, parcels designated exclusively for landscaping, open space or common area use, or parcels considered unbuildable by the CFD Administrator are considered tax-exempt. All other parcels are subject to the annual special tax. The following is a breakdown of the taxable land uses, as defined by the RMA, that are currently within the boundary of the CFD and within Tax Zone No. 2.

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Packet Pg. 282 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) SECTION 1
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2 MAXIMUM ANNUAL SPECIAL TAX RATES
For FY 2020-21, the maximum annual special tax rates by land use were as follows:
1 For FY 2020-21, the Services Special Tax Rate for Single-Family, Condominium/Townhomes, and Multi Family parcels has been increased by 4.00% over the FY 2019-20 rates, per the RMA.
2 For FY 2020-21, the Services Special Tax Rate for Commercial, Industrial, and Institutional parcels have been increased by 2.00% over the FY 2019-20 rates, per the RMA.
1 For FY 2020-21, the Services Special Tax Rate for Undeveloped parcels has been increased by 2.00% over the FY 2019-20 rates, per the RMA.

SERVICES FINANCED BY THE CFD
The full and complete list of authorized services can be found in Appendix “C”. The following is a summary of the items funded by the CFD:

Services
All related administrative costs and expenses including contingency and reserves for the annual operation, maintenance, servicing, repair and replacement of police facilities, park and recreational facilities, open space facilities, landscaping facilities, street and street lighting facilities, flood and storm protection facilities and storm water treatment facilities; and all services related to preceding facilities.

Services
Single-Family Parcels1 $778.61 per Residence
Condominiums/ Townhomes1 $622.89 per Residence
Multi-Family1 $467.17 per Unit
Commercial2 $4,505.28 per Acre
Industrial2 $4,505.28 per Acre
Institutional2 $450.53 per Acre
Community Facilities District No. 2014-1
FY 2020-21 Developed Maximum Special Tax Rates by Land Use Services
Undeveloped1 $1,126.32 per Acre
Community Facilities District No. 2014-1
FY 2020-21 Undeveloped Maximum Special Tax Rates by Land Use

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Packet Pg. 283 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) SECTION 1I
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3 SECTION II

REVENUES AND EXPENDITURES
The revenues are the special tax collections and interest earnings, if any, for FY 2020-21. The costs are those expenditures that were funded in FY 2020-21. The annual costs are composed of: 1) maintenance, operations, and services costs, 2) administrative expenses, and 3) prior year or anticipated current year delinquencies, if any.

Revenues:

Fund Balance as of June 30, 2020 $0
Special Tax Levy/Other Revenues $222,490
Interest E arnings ($1,599)
$220,891
Expenditures:

Admin. E xpenses $5,513
Maintenance, Operation & Services Cost $215,378
Debt Service Payment $0
Anticipated Delinquencies $0
$220,891
Fund Balance as of June 30, 2021 $0
* Numbers in the table above may not foot due to rounding.

Special Tax Fund Revenues and Expenditures
Improvement Fund Revenues and Expenditures
No debt has been issued

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Packet Pg. 284 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) SECTION I1I
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4 SECTION III

STATUS OF IMPROVEMENTS AND SERVICES
The following is the status of the improvements and services financed within the CFD.  To date, the CFD has not financed the construction of any improvements.  Tax revenue generated by the CFD is currently paying a portion of the on-going public safety services within the CFD.

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Packet Pg. 285 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) SECTION IV
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5 SECTION IV

CALCULATION OF SPECIAL TAX LEVY

CLASSIFICATION OF PARCELS
For each fiscal year, each parcel of land within the CFD is classified as Taxable or Exempt Property. The Taxable Properties are further classified as a Developed Property or Undeveloped Property. The Developed Property is further classified as Single-Family, Condominium/ Townhome, Multi Family, Commercial, Industrial or Institutional Property. The FY 2020-21 parcel classifications for taxable property are summarized below.

ASSIGNMENT OF ANNUAL SPECIAL TAX
The annual special taxes are determined by applying and levying up to 100% of the maximum special tax on each Developed Property until the total amount equals the Special Tax Requirement for the fiscal year. The table below shows the maximum special taxes levied on Developed Property in FY 2020-21.
1 For FY 2020-21, the Services Special Tax Rate for Single-Family, Condominium/Townhomes, and Multi Family parcels has been increased by 4.00% over the FY 2019-20 rates, per the RMA.
2 For FY 2020-21, the Services Special Tax Rate for Commercial, Industrial, and Institutional parcels have been increased by 2.00% over the FY 2019-20 rates, per the RMA.

No. of
Land Use Parcels
Developed Single-Family Parcels 224
Developed Condominium/Townhomes 68
Subtotal 292
Undeveloped Single-Family Parcels 96
Undeveloped Condominium/Townhomes 0
Subtotal 96
Total 388
Services
Single-Family Parcels1 $778.61 per Residence
Condominiums/ Townhomes1 $622.89 per Residence
Multi-Family1 $467.17 per Unit
Commercial2 $4,505.28 per Acre
Industrial2 $4,505.28 per Acre
Institutional2 $450.53 per Acre
Community Facilities District No. 2014-1
FY 2020-21 Developed Maximum Special Tax Rates by Land Use

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Packet Pg. 286 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) SECTION IV
Francisco & Associates, Inc.
6 If additional revenue is needed, the special tax is levied proportionately on Undeveloped Property up to 100% of the Maximum Special Tax until the amount, when combined with the Developed Property taxes, is equal to the Special Tax Requirement. The table below shows the maximum special taxes levied on Undeveloped property in FY 2020-21. 1 For FY 2020-21, the Services Special Tax Rate for Undeveloped parcels has been increased by 2.00% over the FY 2019-20 rates, per the RMA.

CURRENT ANNUAL CFD REVENUE
The Special Tax Requirement for the CFD exceeds the amount generated by application of the Maximum Annual Special Tax, therefore, the Maximum Annual Special Tax was applied to each parcel for FY 2020-21.

Services
Undeveloped1 $1,126.32 per Acre
Community Facilities District No. 2014-1
FY 2020-21 Undeveloped Maximum Special Tax Rates by Land Use

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Packet Pg. 287 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
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APPENDIX A

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(TAX ZONE NO. 2)

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Packet Pg. 288 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
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RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes applicable to each Assessor’s Parcel in the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services) (“CFD No. 2014-1”) shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in CFD No. 2014-1, unless exempted by law or by the provisions below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No. 2014-1, unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

This Supplement No. 1 (Tax Zone No. 2) to Rate and Method of Apportionment of Special Tax (this “Supplement”) supplements the Rate and Method of Apportionment of Special Tax (the “Existing Rate and Method,” and together with the Supplement, the “Rate and Method”) for "City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services)" (the “CFD”) as it applies to the property designated as Tax Zone No. 2 (the “Tax Zone”) that is being annexed to the CFD for the purpose of financing certain municipal services (each of which is included in the definition of “Services," as applicable, as defined in "A Resolution of the City Council of the City of San Ramon Approving Formation of a Community Facilities District" adopted as Resolution No. 2014-026 by the City Council of the City of San Ramon on February 25, 2014.

This Supplement supplements the Existing Rate and Method by adding new Sections C.1, C.2 and C.3 as described below. Sections C.1-C.3 of the Existing Rate and Method shall not apply to the Tax Zone. Except as expressly set forth in this Supplement, all provisions of the Existing Rate and Method shall govern the Tax Zone.

Capitalized terms that are used but not defined in this Supplement have the meaning given them in the Existing Rate and Method.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Unit” means a second residential unit of limited size (e.g., granny cottage, second unit) that shares a Parcel with a single-family detached unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311), Division 2, of Title 5 of the Government Code of the State of California.

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Packet Pg. 289 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
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“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2014-1, whether by the City or any designee thereof or both; which includes but is not limited to, the costs of computing the Special Tax and preparing the annual Special Tax collection schedules, the costs of collecting the Special Taxes; the costs of remitting the Special Taxes to the Fiscal Agent; the fees and expenses of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, the CFD, or any designees thereof of complying with arbitrage rebate requirements, including without limitation, rebate liability costs and periodic rebate calculations; the costs to the City, the CFD, or obligated persons of complying with disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs of any State reporting requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, the CFD, or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative costs shall also include amounts estimated or advanced by the City or the CFD for any other administrative purposes of the CFD, including attorney’s fees and expenses, and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means an official of the City, or any designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities and services authorized to be funded by CFD No. 2014-1 as set forth in the Resolution of Formation for the CFD. “Authorized Services” means the services authorized to be funded by CFD No. 2014-1 as set forth in the Resolution of Formation for the CFD.
“Bonds” means any bonds or other indebtedness of CFD No. 2014-1 issued under this Act. “Building Permit” means a building permit having an improvement valuation over $50,000 for an improvement that will be occupied [used?] by a residential or non-residential user. Building permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc. are excluded.
“Calendar Year” means January 1 through December 31.

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Packet Pg. 290 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
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“CFD” or “CFD No. 2014-1” means the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services).
“CFD Formation” means the adoption by the City Council of the Resolution of Formation to form CFD No. 2014-1.
“Commercial Parcel” means a Parcel designated by the County Assessor as having a commercial land use.
“Condominium or Townhome Parcel” means a Parcel designated by the County Assessor as having a condominium, townhome, cluster home and co-op land use. [this term is not used] “City” means the City of San Ramon.
“Council” means the City Council of the City of San Ramon, acting as the legislative body of CFD No. 2014-1.
“County” means the County of Contra Costa.
“County Assessor” means the Contra Costa County Assessor. “Developed Property” means, in any Fiscal Year, all Parcels of Taxable Property for which a Building Permit was issued by the City on or prior to June 30 of the preceding Fiscal Year. In the absence of a Building Permit, any Parcel of Taxable Property shall be classified as Developed Property if it has been occupied by a residential or non-residential user on or prior to June 30 of the preceding fiscal year.
“Exempt Parcel” means all Assessor Parcels Property used exclusively for landscaping, open space or common area or is considered unbuildable by the Administrator. “Final Map” means a final map approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.) that creates individual lots on which a building permit can be issued for construction of residential units without further subdivision of the lots.
“Fiscal Agent” means the fiscal agent or trustee under the Fiscal Agent Agreement. “Fiscal Agent Agreement” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended or supplemented from time to time.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30. “Industrial Parcel” means a Parcel designated by the County Assessor as having an industrial land use.

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Packet Pg. 291 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
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“Institutional Parcel” means a Parcel designated by the County Assessor as having an institutional land use.
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year.
“Multi-Family Parcel” means a Parcel designated by the County Assessor as having a multifamily residential land use which includes duplexes, triplexes, fourplexes and apartments. “Proportionately” means, for Developed Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means, for Undeveloped Property, that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor’s Parcels of Undeveloped Property. “Public Property” means, for each Fiscal Year: any property within the boundaries of CFD No. 2014-1 that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency.
“Residential Unit” means an individual single-family residential unit, condominium or townhome unit, or multi-family residential unit per the County Assessor. An Accessory Unit that shares a Parcel with a single-family detached unit shall be considered a separate Residential Unit for purposes of this RMA.
“RMA” means this Rate and Method of Apportionment of Special Tax. “Single-Family Parcel” means a Parcel designated by the County Assessor as having a singlefamily land use. “Special Tax” means any tax levied within CFD No. 2014-1 to pay the Special Tax Requirement. “Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for the following: (i) Authorized Facilities and Authorized Services; (ii) principal of and interest on the Bonds due in the Calendar Year which commences in such Fiscal Year, (iii) Administrative Expenses; and (iv) amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or, based on delinquency rates in prior years, may be expected to occur in the Fiscal Year in which the Special Tax will be collected.

The Special Tax Requirement may be reduced in any Fiscal Year by (i) credits from available monies from sources identified in the Fiscal Agent Agreement, including without limitation excess interest earnings in the reserve fund, (ii) in the City’s sole discretion, proceeds from the collection of penalties and interest associated with delinquent Special Taxes, and (iii) any other revenues available to pay debt service on the Bonds as determined by the Administrator. “Taxable Property” means all Assessors’ Parcels within the boundaries of CFD No. 2014-1 that are not classified as an Exempt Parcel.

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Packet Pg. 292 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
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“Tax Zone” means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All the property within CFD No. 2014-1 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to CFD No. 2014-1, and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor’s Parcels included within a new Tax Zone established when such Parcels are annexed to CFD No. 2014-1 shall be identified by Assessor’s Parcel Number in the Unanimous Approval Form that is signed by the owner(s) of the Parcels at the time of annexation.
“Unanimous Approval Form” means that form executed by the record owner of fee title to a Parcel or Parcels annexed into CFD No. 2014-1 that constitutes the property owner’s approval and unanimous vote in favor of annexing into CFD No. 2014-1, the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA and the issuance of Bonds by the CFD. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property in CFD No. 2014-1 that are not Developed Property.

B. DATA FOR ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel Numbers for all Parcels of Taxable Property within CFD No. 2014-1. The Administrator shall also determine: (i) whether each Assessor’s Parcel of Taxable Property is Developed Property, Undeveloped Property; (ii) the land use associated with each Developed Property, (iii) which Tax Zone each Taxable Property is located in; and (iv) the Special Tax Requirement for the then-current Fiscal Year.

In any Fiscal Year, if it is determined that (i) a Final Map or parcel map for a portion of property in CFD No. 2014-1 was recorded after the last date upon which the Assessor will incorporate the newly-created Parcels into the then current tax roll, (ii) because of the date the Final Map or parcel map was recorded, the Assessor does not yet recognize the new Parcels created by the Final Map or parcel map, and (iii) one or more of the newly-created Parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or parcel map by determining the Special Tax that applies separately to each newly-created Parcel, then applying the sum of the individual Special Taxes to the Parcel that was subdivided by recordation of the Final Map or parcel map.

C. MAXIMUM SPECIAL TAXES

1. Developed Property
The Maximum Services Special Tax for Fiscal Year 2017-18 for all Parcels of Developed Property within Tax Zone 2 shall be as follows:

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Packet Pg. 293 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
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The Maximum Services Special Tax on Taxable Public Property shall be the Maximum Special Tax for its use at the time it became Public Property.

For Fiscal Year 2018-19 and on, the Services Special Tax Rate for Single Family, Condominium/Townhomes and Multi Family parcels shown in the table above will increase by the Consumer Price Index for San Francisco Bay Area Urban Wage Earners (from December 2013) with a minimum of four (4.00%) compounded annually.

For Fiscal Year 2018-19 and on, the Services Special Tax Rate for Commercial, Industrial and Institutional parcels shown in the table above will increase by the Consumer Price Index for San Francisco Bay Area Urban Wage Earners (from December 2013) with a minimum of two (2.00%) compounded annually.

2. Undeveloped Property
The Maximum Services Special Tax for Fiscal Year 2017-18 for all Parcels of Undeveloped Property within Tax Zone 2 are shown below.

For Fiscal Year 2018-19 and on, the Services Special Tax Rate for Undeveloped parcels shown in the table above will increase by the Consumer Price Index for San Francisco Bay Area Urban Wage Earners (from December 2013) with a minimum of two (2.00%) compounded annually.

3. Escalation of Maximum Special Tax
The Maximum Services Special Tax shall automatically increase without further action by the City Council.

Facilities Services Total
Single Family Parcels $0.00 $692.18 $692.18 per Residence Condominiums or Townhomes $0.00 $553.74 $553.74 per Residence Multi-Family $0.00 $415.31 $415.31 per Unit
Commercial $0.00 $4,153.08 $4,153.08 per Acre
Industrial $0.00 $4,153.08 $4,153.08 per Acre
Institutional $0.00 $415.31 $415.31 per Acre
Community Facilities District No. 2014-1
FY 2017-18 Undeveloped Maximum Special Tax Rate by Land Use Facilities Services Total
Undeveloped1 $0.00 $1,038.27 $1,038.27 per Acre
Community Facilities District No. 2014-1
FY 2017-18 Undeveloped Maximum Special Tax Rate by Land Use

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Packet Pg. 294 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
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D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year, the Administrator shall determine the Special Tax Requirement for that Fiscal Year and levy the Special Tax on all Parcels of Taxable Property as follows:

Step 1: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied is equal to the Special Tax Requirement;
Step 2: If additional revenue is needed after Step 1, the Special Tax shall be levied proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied, when combined with the amount levied pursuant to Step 1, is equal to the Special Tax Requirement.

The Special Tax for CFD No. 2014-1 shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however, that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of CFD No. 2014-1, and the Special Tax shall be equally subject to foreclosure if delinquent.

Under no circumstances may the Facilities Special Tax on a Parcel in residential use be increased in any Fiscal Year as a consequence of delinquency or default in payment of the Facilities Special Tax levied on another Parcel or Parcels by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City by resolution of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

G. TERM OF THE SPECIAL TAX
The Services Special Tax shall be levied in perpetuity as necessary to pay the Services Special Tax Requirement. The Facilities Special Tax shall be levied and collected until principal and interest on Bonds have been repaid, costs of constructing or acquiring Authorized Facilities from Facilities Special Tax proceeds have been paid, and all Administrative Expenses related to the Facilities Special Tax have been paid or reimbursed.

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Packet Pg. 295 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX A
Francisco & Associates, Inc.

H. REPEAL OF THE SPECIAL TAX
If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Parcels in CFD No. 2014-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Facilities and Authorized Services for which the Special Tax was levied. The obligations to provide the Authorized Facilities and Authorized Services previously funded by the repealed Special Tax shall become the obligations of any property owners association established within CFD No. 2014-1, and if there is no such association, they shall become the joint obligations of the property owners of Parcels within CFD No. 2014-1 in proportion to the number of Parcels owned by each such owner to the total number of Parcels within CFD No. 2014-1.

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Packet Pg. 296 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX B
Francisco & Associates, Inc.

APPENDIX B

LIST OF AUTHORIZED SERVICES

5.2.k
Packet Pg. 297 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX B
Francisco & Associates, Inc.

DESCRIPTION OF SERVICES TO BE FINANCED BY THE CFD
The Services shown below ("services" shall have the meaning given that term in the Mello-Roos Community Facilities Act of 1982) are proposed to be financed by the CFD, including all related administrative costs, expenses and related reserves for replacement of vehicles, equipment and facilities:
 Annual operation, maintenance and servicing, including repair and replacement, of police, park and recreational facilities, open space facilities, landscaping facilities, street and street lighting facilities, flood and storm protection facilities and storm water treatment facilities.
 To the extent not included in the prior paragraph, police, park and recreational services (excluding recreation program services), open space services, landscaping services, street and street lighting services, flood and storm protection services, and storm water treatment services.
 Costs associated with the setting, levy, and collection of the Special Taxes; and  Contingency costs, including a contingency and/or reserve for operating and capital reserves, as required by the City.

The Special Taxes may be collected and set-aside in designated funds, collected over several years, that may be used by the City to fund future repairs, services and facilities described above as determined by the City.

5.2.k
Packet Pg. 298 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX C
Francisco & Associates, Inc.

APPENDIX C

BOUNDARY MAP

5.2.k
Packet Pg. 299 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) 2 !(57
2 !(84
2 !(61
2 !(58
!( 2
!(63 262
!(36
!(23
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1 !(42
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2 !(45
!(35
2 !(29
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!(34
!(60
2 !(41
2 !(33
1 !(43
!(22
!(30
!(33
2 !(32
1 !(67
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!(21
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1 !(51
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2 !(46
1 !(59
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!(17
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!(6
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!(96
1 !(50
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!(27 !(12
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1 !(10
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!(68
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!(90!(91
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1 !(35
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!(66
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!(54
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!(44!(45
!(43
1 !(85
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1 !(08
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1 !(93
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!(04
1 !(23
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!(01
1 !(89
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3 !(66
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3 !(81
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!( 3
!(87 !( 357 354
3 !(60
3 !(72
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3 !(23
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!( 2
!(71 !( 282 293
3 !(28
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3 !(47 3!(83 3
!(59
3 !(76
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!(70
3 !(82 3
!(71
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!(64
3 !(77
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!(55 3
!(68
3 !(79
3 !(80
!( 3
!(73 356
3 !(49 3
!(61
3 !(85
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!( 2
!(75 306
2 !(86
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!(96
3 !(16
!( 3
!(46 3
!(36 341
3 !(01
2 !(80
3 !(21
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3 !(12 3
!(26
2 !(92 2
!(64
3 !(32
2 !(76 2
!(70
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3 !(07 3
!(37
3 !(45
3 !(05
2 !(85
2 !(68
3 !(10
3 !(20
2 !(79
3 !(153
!(14
City of San Ramon
CFD No. 2014-1 (Public Facilities and Services)
Tax Zone No. 2
Prepared by Francisco & Associates, Inc.

Legend
CFD No. 2014-1 Tax Zone No. 2
!( Reference Number
Parcel Lines
Assessor Assessor Assessor Assessor Assessor Assessor Assessor Assessor Assessor Assessor Reference Parcel Reference Parcel Reference Parcel Reference Parcel Reference Parcel Reference Parcel Reference Parcel Reference Parcel Reference Parcel Reference Parcel Number Number Number Number Number Number Number Number Number Number Number Number Number Number Number Number Number Number Number Number 1 208-820-001 41 208-820-041 81 208-820-081 121 208-830-013 161 208-840-020 201 208-840-060 241 208-850-031 281 208-860-046 321 208-860-090 361 208-870-003 2 208-820-002 42 208-820-042 82 208-820-082 122 208-830-014 162 208-840-021 202 208-840-061 242 208-850-032 282 208-860-047 322 208-860-091 362 208-870-004 3 208-820-003 43 208-820-043 83 208-820-083 123 208-830-015 163 208-840-022 203 208-840-062 243 208-850-033 283 208-860-048 323 208-860-092 363 208-870-005 4 208-820-004 44 208-820-044 84 208-820-084 124 208-830-016 164 208-840-023 204 208-840-063 244 208-850-034 284 208-860-049 324 208-860-093 364 208-870-006 5 208-820-005 45 208-820-045 85 208-820-085 125 208-830-017 165 208-840-024 205 208-840-064 245 208-850-035 285 208-860-050 325 208-860-094 365 208-870-007 6 208-820-006 46 208-820-046 86 208-820-086 126 208-830-018 166 208-840-025 206 208-840-065 246 208-850-036 286 208-860-051 326 208-860-095 366 208-870-008 7 208-820-007 47 208-820-047 87 208-820-087 127 208-830-019 167 208-840-026 207 208-840-066 247 208-850-037 287 208-860-053 327 208-860-097 367 208-870-009 8 208-820-008 48 208-820-048 88 208-820-088 128 208-830-020 168 208-840-027 208 208-840-067 248 208-850-038 288 208-860-054 328 208-860-098 368 208-870-010 9 208-820-009 49 208-820-049 89 208-820-089 129 208-830-021 169 208-840-028 209 208-840-068 249 208-850-039 289 208-860-055 329 208-860-099 369 208-870-011 10 208-820-010 50 208-820-050 90 208-820-090 130 208-830-022 170 208-840-029 210 208-840-069 250 208-850-040 290 208-860-056 330 208-860-100 370 208-870-012 11 208-820-011 51 208-820-051 91 208-820-091 131 208-830-023 171 208-840-030 211 208-850-001 251 208-850-041 291 208-860-057 331 208-860-101 371 208-870-014 12 208-820-012 52 208-820-052 92 208-820-092 132 208-830-024 172 208-840-031 212 208-850-002 252 208-850-042 292 208-860-058 332 208-860-102 372 208-870-015 13 208-820-013 53 208-820-053 93 208-820-093 133 208-830-025 173 208-840-032 213 208-850-003 253 208-850-043 293 208-860-059 333 208-860-103 373 208-870-016 14 208-820-014 54 208-820-054 94 208-820-094 134 208-830-026 174 208-840-033 214 208-850-004 254 208-850-044 294 208-860-060 334 208-860-104 374 208-870-017 15 208-820-015 55 208-820-055 95 208-820-095 135 208-830-027 175 208-840-034 215 208-850-005 255 208-850-045 295 208-860-061 335 208-860-105 375 208-870-018 16 208-820-016 56 208-820-056 96 208-820-096 136 208-830-028 176 208-840-035 216 208-850-006 256 208-850-046 296 208-860-062 336 208-860-106 376 208-870-019 17 208-820-017 57 208-820-057 97 208-820-097 137 208-830-029 177 208-840-036 217 208-850-007 257 208-860-005 297 208-860-064 337 208-860-108 377 208-870-020 18 208-820-018 58 208-820-058 98 208-820-098 138 208-830-030 178 208-840-037 218 208-850-008 258 208-860-010 298 208-860-065 338 208-860-109 378 208-870-021 19 208-820-019 59 208-820-059 99 208-820-099 139 208-830-031 179 208-840-038 219 208-850-009 259 208-860-011 299 208-860-066 339 208-860-110 379 208-870-022 20 208-820-020 60 208-820-060 100 208-820-100 140 208-830-032 180 208-840-039 220 208-850-010 260 208-860-016 300 208-860-067 340 208-860-111 380 208-870-023 21 208-820-021 61 208-820-061 101 208-820-101 141 208-830-033 181 208-840-040 221 208-850-011 261 208-860-017 301 208-860-068 341 208-860-112 381 208-870-024 22 208-820-022 62 208-820-062 102 208-820-102 142 208-840-001 182 208-840-041 222 208-850-012 262 208-860-018 302 208-860-069 342 208-860-113 382 208-870-025 23 208-820-023 63 208-820-063 103 208-820-103 143 208-840-002 183 208-840-042 223 208-850-013 263 208-860-019 303 208-860-070 343 208-860-114 383 208-870-027 24 208-820-024 64 208-820-064 104 208-820-104 144 208-840-003 184 208-840-043 224 208-850-014 264 208-860-020 304 208-860-071 344 208-860-115 384 208-870-028 25 208-820-025 65 208-820-065 105 208-820-105 145 208-840-004 185 208-840-044 225 208-850-015 265 208-860-029 305 208-860-072 345 208-860-116 385 208-870-029 26 208-820-026 66 208-820-066 106 208-820-106 146 208-840-005 186 208-840-045 226 208-850-016 266 208-860-030 306 208-860-073 346 208-860-117 386 208-870-030 27 208-820-027 67 208-820-067 107 208-820-107 147 208-840-006 187 208-840-046 227 208-850-017 267 208-860-031 307 208-860-075 347 208-860-119 387 208-870-031 28 208-820-028 68 208-820-068 108 208-820-108 148 208-840-007 188 208-840-047 228 208-850-018 268 208-860-032 308 208-860-076 348 208-860-120 388 208-870-032 29 208-820-029 69 208-820-069 109 208-830-001 149 208-840-008 189 208-840-048 229 208-850-019 269 208-860-033 309 208-860-077 349 208-860-121 30 208-820-030 70 208-820-070 110 208-830-002 150 208-840-009 190 208-840-049 230 208-850-020 270 208-860-034 310 208-860-078 350 208-860-122 31 208-820-031 71 208-820-071 111 208-830-003 151 208-840-010 191 208-840-050 231 208-850-021 271 208-860-035 311 208-860-079 351 208-860-123 32 208-820-032 72 208-820-072 112 208-830-004 152 208-840-011 192 208-840-051 232 208-850-022 272 208-860-036 312 208-860-080 352 208-860-124 33 208-820-033 73 208-820-073 113 208-830-005 153 208-840-012 193 208-840-052 233 208-850-023 273 208-860-037 313 208-860-081 353 208-860-126 34 208-820-034 74 208-820-074 114 208-830-006 154 208-840-013 194 208-840-053 234 208-850-024 274 208-860-038 314 208-860-082 354 208-860-127 35 208-820-035 75 208-820-075 115 208-830-007 155 208-840-014 195 208-840-054 235 208-850-025 275 208-860-039 315 208-860-083 355 208-860-128 36 208-820-036 76 208-820-076 116 208-830-008 156 208-840-015 196 208-840-055 236 208-850-026 276 208-860-040 316 208-860-084 356 208-860-129 37 208-820-037 77 208-820-077 117 208-830-009 157 208-840-016 197 208-840-056 237 208-850-027 277 208-860-042 317 208-860-086 357 208-860-130 38 208-820-038 78 208-820-078 118 208-830-010 158 208-840-017 198 208-840-057 238 208-850-028 278 208-860-043 318 208-860-087 358 208-860-131 39 208-820-039 79 208-820-079 119 208-830-011 159 208-840-018 199 208-840-058 239 208-850-029 279 208-860-044 319 208-860-088 359 208-870-001 40 208-820-040 80 208-820-080 120 208-830-012 160 208-840-019 200 208-840-059 240 208-850-030 280 208-860-045 320 208-860-089 360 208-870-002 ¯

5.2.k
Packet Pg. 300 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX D
Francisco & Associates, Inc.

APPENDIX D

SUMMARY OF ANNUAL SPECIAL TAX RATES BY LAND USE BY FISCAL YEAR
Single-Family ParcelsCondominiums or TownhomesMulti-FamilyCommercialIndustrialInstitutionalUndeveloped Fiscal Year
Special
Tax Type
per
Residence
per
Residence per Unit per Acre per Acre per Acre per Acre
Services $692.18 $553.74 $415.31 $4,153.08 $4,153.08 $415.31 $1,038.27 Total $692.18 $553.74 $415.31 $4,153.08 $4,153.08 $415.31 $1,038.27 Services $719.87 $575.89 $431.92 $4,288.95 $4,288.95 $428.90 $1,072.24 Total $719.87 $575.89 $431.92 $4,288.95 $4,288.95 $428.90 $1,072.24 Services $748.66 $598.93 $449.20 $4,416.94 $4,416.94 $441.70 $1,104.24 Total $748.66 $598.93 $449.20 $4,416.94 $4,416.94 $441.70 $1,104.24 Services $778.61 $622.89 $467.17 $4,505.28 $4,505.28 $450.53 $1,126.32 Total $778.61 $622.89 $467.17 $4,505.28 $4,505.28 $450.53 $1,126.32 2020-21 2019-20
2017-18
2018-19
Annual Special Tax Rates by Land Use by Fiscal Year
Residential Non-Residential

5.2.k
Packet Pg. 301 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) CITY OF SAN RAMON FY 2020-21
CFD NO. 2014-1 (ZONE NO. 2) APPENDIX E
Francisco & Associates, Inc.

APPENDIX E

SPECIAL TAX ROLL

5.2.k
Packet Pg. 302 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) Assessor Land Use Building Development Proposed FY 2020-21 Parcel No. Description Permit Status Acres Units Tax
208-820-001 Single Family Home Yes Developed 0.118 1 $778.60 208-820-002 Single Family Home Yes Developed 0.114 1 $778.60 208-820-003 Single Family Home Yes Developed 0.114 1 $778.60 208-820-004 Single Family Home Yes Developed 0.114 1 $778.60 208-820-005 Single Family Home Yes Developed 0.126 1 $778.60 208-820-006 Single Family Home Yes Developed 0.126 1 $778.60 208-820-007 Single Family Home Yes Developed 0.121 1 $778.60 208-820-008 Single Family Home Yes Developed 0.122 1 $778.60 208-820-009 Single Family Home Yes Developed 0.119 1 $778.60 208-820-010 Single Family Home Yes Developed 0.114 1 $778.60 208-820-011 Single Family Home Yes Developed 0.126 1 $778.60 208-820-012 Single Family Home Undeveloped 0.143 1 $161.06 208-820-013 Single Family Home Undeveloped 0.124 1 $139.66 208-820-014 Single Family Home Undeveloped 0.116 1 $130.64 208-820-015 Single Family Home Undeveloped 0.126 1 $141.92 208-820-016 Single Family Home Yes Developed 0.127 1 $778.60 208-820-017 Single Family Home Yes Developed 0.127 1 $778.60 208-820-018 Single Family Home Yes Developed 0.118 1 $778.60 208-820-019 Single Family Home Yes Developed 0.114 1 $778.60 208-820-020 Single Family Home Yes Developed 0.114 1 $778.60 208-820-021 Single Family Home Yes Developed 0.144 1 $778.60 208-820-022 Single Family Home Yes Developed 0.155 1 $778.60 208-820-023 Single Family Home Yes Developed 0.264 1 $778.60 208-820-024 Single Family Home Yes Developed 0.127 1 $778.60 208-820-025 Single Family Home Yes Developed 0.135 1 $778.60 208-820-026 Single Family Home Yes Developed 0.138 1 $778.60 208-820-027 Single Family Home Yes Developed 0.142 1 $778.60 208-820-028 Single Family Home Yes Developed 0.14 1 $778.60 208-820-029 Single Family Home Yes Developed 0.141 1 $778.60 208-820-030 Single Family Home Yes Developed 0.152 1 $778.60 208-820-031 Single Family Home Yes Developed 0.136 1 $778.60 208-820-032 Single Family Home Yes Developed 0.122 1 $778.60 208-820-033 Single Family Home Yes Developed 0.149 1 $778.60 208-820-034 Single Family Home Undeveloped 0.177 1 $199.36 208-820-035 Single Family Home Undeveloped 0.205 1 $230.90 208-820-036 Single Family Home Undeveloped 0.288 1 $324.38 208-820-037 Single Family Home Yes Developed 0.111 1 $778.60 208-820-038 Single Family Home Yes Developed 0.091 1 $778.60 208-820-039 Single Family Home Yes Developed 0.092 1 $778.60 208-820-040 Single Family Home Yes Developed 0.093 1 $778.60 208-820-041 Single Family Home Yes Developed 0.094 1 $778.60 208-820-042 Single Family Home Yes Developed 0.079 1 $778.60 208-820-043 Single Family Home Yes Developed 0.079 1 $778.60 208-820-044 Single Family Home Yes Developed 0.079 1 $778.60 208-820-045 Single Family Home Yes Developed 0.079 1 $778.60 208-820-046 Single Family Home Yes Developed 0.081 1 $778.60 208-820-047 Single Family Home Yes Developed 0.112 1 $778.60 208-820-048 Single Family Home Yes Developed 0.106 1 $778.60 208-820-049 Single Family Home Yes Developed 0.089 1 $778.60 208-820-050 Single Family Home Yes Developed 0.087 1 $778.60 208-820-051 Single Family Home Yes Developed 0.084 1 $778.60 208-820-052 Single Family Home Yes Developed 0.082 1 $778.60 208-820-053 Single Family Home Yes Developed 0.082 1 $778.60 208-820-054 Single Family Home Yes Developed 0.082 1 $778.60 208-820-055 Single Family Home Yes Developed 0.084 1 $778.60 208-820-056 Single Family Home Yes Developed 0.088 1 $778.60 208-820-057 Single Family Home Yes Developed 0.085 1 $778.60 1 5.2.k
Packet Pg. 303 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) Assessor Land Use Building Development Proposed FY 2020-21 Parcel No. Description Permit Status Acres Units Tax
208-820-058 Single Family Home Yes Developed 0.094 1 $778.60 208-820-059 Single Family Home Yes Developed 0.095 1 $778.60 208-820-060 Single Family Home Yes Developed 0.173 1 $778.60 208-820-061 Single Family Home Yes Developed 0.111 1 $778.60 208-820-062 Single Family Home Yes Developed 0.101 1 $778.60 208-820-063 Single Family Home Yes Developed 0.094 1 $778.60 208-820-064 Single Family Home Yes Developed 0.085 1 $778.60 208-820-065 Single Family Home Yes Developed 0.081 1 $778.60 208-820-066 Single Family Home Yes Developed 0.082 1 $778.60 208-820-067 Single Family Home Yes Developed 0.103 1 $778.60 208-820-068 Single Family Home Yes Developed 0.12 1 $778.60 208-820-069 Single Family Home Yes Developed 0.092 1 $778.60 208-820-070 Single Family Home Yes Developed 0.091 1 $778.60 208-820-071 Single Family Home Yes Developed 0.091 1 $778.60 208-820-072 Single Family Home Yes Developed 0.091 1 $778.60 208-820-073 Single Family Home Yes Developed 0.091 1 $778.60 208-820-074 Single Family Home Yes Developed 0.091 1 $778.60 208-820-075 Single Family Home Yes Developed 0.091 1 $778.60 208-820-076 Single Family Home Yes Developed 0.107 1 $778.60 208-820-077 Single Family Home Yes Developed 0.086 1 $778.60 208-820-078 Single Family Home Yes Developed 0.073 1 $778.60 208-820-079 Single Family Home Yes Developed 0.073 1 $778.60 208-820-080 Single Family Home Yes Developed 0.073 1 $778.60 208-820-081 Single Family Home Yes Developed 0.073 1 $778.60 208-820-082 Single Family Home Yes Developed 0.073 1 $778.60 208-820-083 Single Family Home Yes Developed 0.073 1 $778.60 208-820-084 Single Family Home Yes Developed 0.073 1 $778.60 208-820-085 Single Family Home Yes Developed 0.073 1 $778.60 208-820-086 Single Family Home Yes Developed 0.096 1 $778.60 208-820-087 Single Family Home Yes Developed 0.091 1 $778.60 208-820-088 Single Family Home Yes Developed 0.091 1 $778.60 208-820-089 Single Family Home Yes Developed 0.091 1 $778.60 208-820-090 Single Family Home Yes Developed 0.091 1 $778.60 208-820-091 Single Family Home Yes Developed 0.091 1 $778.60 208-820-092 Single Family Home Yes Developed 0.091 1 $778.60 208-820-093 Single Family Home Yes Developed 0.091 1 $778.60 208-820-094 Single Family Home Yes Developed 0.091 1 $778.60 208-820-095 Single Family Home Yes Developed 0.091 1 $778.60 208-820-096 Single Family Home Yes Developed 0.109 1 $778.60 208-820-097 Single Family Home Yes Developed 0.086 1 $778.60 208-820-098 Single Family Home Yes Developed 0.073 1 $778.60 208-820-099 Single Family Home Yes Developed 0.073 1 $778.60 208-820-100 Single Family Home Yes Developed 0.073 1 $778.60 208-820-101 Single Family Home Yes Developed 0.073 1 $778.60 208-820-102 Single Family Home Yes Developed 0.073 1 $778.60 208-820-103 Single Family Home Yes Developed 0.073 1 $778.60 208-820-104 Single Family Home Yes Developed 0.073 1 $778.60 208-820-105 Single Family Home Yes Developed 0.073 1 $778.60 208-820-106 Single Family Home Yes Developed 0.073 1 $778.60 208-820-107 Single Family Home Yes Developed 0.075 1 $778.60 208-820-108 Single Family Home Yes Developed 0.079 1 $778.60 208-830-001 Single Family Home Yes Developed 0.114 1 $778.60 208-830-002 Single Family Home Yes Developed 0.114 1 $778.60 208-830-003 Single Family Home Yes Developed 0.114 1 $778.60 208-830-004 Single Family Home Yes Developed 0.114 1 $778.60 208-830-005 Single Family Home Yes Developed 0.114 1 $778.60 208-830-006 Single Family Home Yes Developed 0.114 1 $778.60 2 5.2.k
Packet Pg. 304 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) Assessor Land Use Building Development Proposed FY 2020-21 Parcel No. Description Permit Status Acres Units Tax
208-830-007 Single Family Home Yes Developed 0.123 1 $778.60 208-830-008 Single Family Home Yes Developed 0.141 1 $778.60 208-830-009 Single Family Home Yes Developed 0.085 1 $778.60 208-830-010 Single Family Home Yes Developed 0.052 1 $778.60 208-830-011 Single Family Home Yes Developed 0.077 1 $778.60 208-830-012 Single Family Home Yes Developed 0.067 1 $778.60 208-830-013 Single Family Home Yes Developed 0.056 1 $778.60 208-830-014 Single Family Home Yes Developed 0.047 1 $778.60 208-830-015 Single Family Home Yes Developed 0.073 1 $778.60 208-830-016 Single Family Home Yes Developed 0.065 1 $778.60 208-830-017 Single Family Home Yes Developed 0.053 1 $778.60 208-830-018 Single Family Home Yes Developed 0.09 1 $778.60 208-830-019 Single Family Home Yes Developed 0.08 1 $778.60 208-830-020 Single Family Home Yes Developed 0.057 1 $778.60 208-830-021 Single Family Home Yes Developed 0.051 1 $778.60 208-830-022 Single Family Home Yes Developed 0.054 1 $778.60 208-830-023 Single Family Home Yes Developed 0.078 1 $778.60 208-830-024 Single Family Home Yes Developed 0.093 1 $778.60 208-830-025 Single Family Home Yes Developed 0.066 1 $778.60 208-830-026 Single Family Home Yes Developed 0.059 1 $778.60 208-830-027 Single Family Home Yes Developed 0.098 1 $778.60 208-830-028 Single Family Home Yes Developed 0.083 1 $778.60 208-830-029 Single Family Home Yes Developed 0.055 1 $778.60 208-830-030 Single Family Home Yes Developed 0.11 1 $778.60 208-830-031 Single Family Home Yes Developed 0.122 1 $778.60 208-830-032 Single Family Home Yes Developed 0.067 1 $778.60 208-830-033 Single Family Home Yes Developed 0.101 1 $778.60 208-840-001 Single Family Home Undeveloped 0.278 1 $313.12 208-840-002 Single Family Home Undeveloped 0.17 1 $191.46 208-840-003 Single Family Home Undeveloped 0.131 1 $147.54 208-840-004 Single Family Home Undeveloped 0.115 1 $129.52 208-840-005 Single Family Home Undeveloped 0.123 1 $138.54 208-840-006 Single Family Home Undeveloped 0.14 1 $157.68 208-840-007 Single Family Home Undeveloped 0.157 1 $176.82 208-840-008 Single Family Home Undeveloped 0.152 1 $171.20 208-840-009 Single Family Home Undeveloped 0.117 1 $131.78 208-840-010 Single Family Home Undeveloped 0.146 1 $164.44 208-840-011 Single Family Home Undeveloped 0.145 1 $163.32 208-840-012 Single Family Home Undeveloped 0.116 1 $130.64 208-840-013 Single Family Home Undeveloped 0.114 1 $128.40 208-840-014 Single Family Home Undeveloped 0.114 1 $128.40 208-840-015 Single Family Home Undeveloped 0.114 1 $128.40 208-840-016 Single Family Home Undeveloped 0.115 1 $129.52 208-840-017 Single Family Home Undeveloped 0.129 1 $145.30 208-840-018 Single Family Home Undeveloped 0.142 1 $159.94 208-840-019 Single Family Home Undeveloped 0.115 1 $129.52 208-840-020 Single Family Home Yes Developed 0.115 1 $778.60 208-840-021 Single Family Home Yes Developed 0.122 1 $778.60 208-840-022 Single Family Home Yes Developed 0.127 1 $778.60 208-840-023 Single Family Home Yes Developed 0.135 1 $778.60 208-840-024 Single Family Home Yes Developed 0.144 1 $778.60 208-840-025 Single Family Home Yes Developed 0.141 1 $778.60 208-840-026 Single Family Home Yes Developed 0.16 1 $778.60 208-840-027 Single Family Home Yes Developed 0.129 1 $778.60 208-840-028 Single Family Home Yes Developed 0.114 1 $778.60 208-840-029 Single Family Home Yes Developed 0.114 1 $778.60 208-840-030 Single Family Home Yes Developed 0.114 1 $778.60 3 5.2.k
Packet Pg. 305 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) Assessor Land Use Building Development Proposed FY 2020-21 Parcel No. Description Permit Status Acres Units Tax
208-840-031 Single Family Home Yes Developed 0.114 1 $778.60 208-840-032 Single Family Home Yes Developed 0.081 1 $778.60 208-840-033 Single Family Home Yes Developed 0.055 1 $778.60 208-840-034 Single Family Home Yes Developed 0.111 1 $778.60 208-840-035 Single Family Home Yes Developed 0.129 1 $778.60 208-840-036 Single Family Home Yes Developed 0.065 1 $778.60 208-840-037 Single Family Home Yes Developed 0.096 1 $778.60 208-840-038 Single Family Home Yes Developed 0.081 1 $778.60 208-840-039 Single Family Home Yes Developed 0.053 1 $778.60 208-840-040 Single Family Home Yes Developed 0.112 1 $778.60 208-840-041 Single Family Home Yes Developed 0.053 1 $778.60 208-840-042 Single Family Home Yes Developed 0.056 1 $778.60 208-840-043 Single Family Home Yes Developed 0.081 1 $778.60 208-840-044 Single Family Home Yes Developed 0.085 1 $778.60 208-840-045 Single Family Home Yes Developed 0.049 1 $778.60 208-840-046 Single Family Home Yes Developed 0.097 1 $778.60 208-840-047 Single Family Home Yes Developed 0.091 1 $778.60 208-840-048 Single Family Home Yes Developed 0.057 1 $778.60 208-840-049 Single Family Home Yes Developed 0.049 1 $778.60 208-840-050 Single Family Home Yes Developed 0.078 1 $778.60 208-840-051 Single Family Home Yes Developed 0.061 1 $778.60 208-840-052 Single Family Home Yes Developed 0.08 1 $778.60 208-840-053 Single Family Home Yes Developed 0.085 1 $778.60 208-840-054 Single Family Home Yes Developed 0.058 1 $778.60 208-840-055 Single Family Home Yes Developed 0.102 1 $778.60 208-840-056 Single Family Home Yes Developed 0.11 1 $778.60 208-840-057 Single Family Home Yes Developed 0.062 1 $778.60 208-840-058 Single Family Home Yes Developed 0.091 1 $778.60 208-840-059 Single Family Home Yes Developed 0.084 1 $778.60 208-840-060 Single Family Home Yes Developed 0.063 1 $778.60 208-840-061 Single Family Home Yes Developed 0.058 1 $778.60 208-840-062 Single Family Home Yes Developed 0.07 1 $778.60 208-840-063 Single Family Home Yes Developed 0.082 1 $778.60 208-840-064 Single Family Home Yes Developed 0.058 1 $778.60 208-840-065 Single Family Home Yes Developed 0.056 1 $778.60 208-840-066 Single Family Home Yes Developed 0.129 1 $778.60 208-840-067 Single Family Home Yes Developed 0.096 1 $778.60 208-840-068 Single Family Home Yes Developed 0.061 1 $778.60 208-840-069 Single Family Home Yes Developed 0.092 1 $778.60 208-850-001 Single Family Home Undeveloped 0.139 1 $156.56 208-850-002 Single Family Home Undeveloped 0.139 1 $156.56 208-850-003 Single Family Home Undeveloped 0.136 1 $153.18 208-850-004 Single Family Home Undeveloped 0.14 1 $157.68 208-850-005 Single Family Home Undeveloped 0.127 1 $143.04 208-850-006 Single Family Home Undeveloped 0.141 1 $158.80 208-850-007 Single Family Home Yes Developed 0.128 1 $778.60 208-850-008 Single Family Home Yes Developed 0.126 1 $778.60 208-850-009 Single Family Home Yes Developed 0.138 1 $778.60 208-850-010 Single Family Home Yes Developed 0.131 1 $778.60 208-850-011 Single Family Home Yes Developed 0.12 1 $778.60 208-850-012 Single Family Home Yes Developed 0.119 1 $778.60 208-850-013 Single Family Home Yes Developed 0.141 1 $778.60 208-850-014 Single Family Home Yes Developed 0.154 1 $778.60 208-850-015 Single Family Home Yes Developed 0.131 1 $778.60 208-850-016 Single Family Home Yes Developed 0.122 1 $778.60 208-850-017 Single Family Home Yes Developed 0.153 1 $778.60 208-850-018 Single Family Home Yes Developed 0.114 1 $778.60 4 5.2.k
Packet Pg. 306 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) Assessor Land Use Building Development Proposed FY 2020-21 Parcel No. Description Permit Status Acres Units Tax
208-850-019 Single Family Home Yes Developed 0.216 1 $778.60 208-850-020 Single Family Home Yes Developed 0.155 1 $778.60 208-850-021 Single Family Home Yes Developed 0.139 1 $778.60 208-850-022 Single Family Home Yes Developed 0.162 1 $778.60 208-850-023 Single Family Home Yes Developed 0.178 1 $778.60 208-850-024 Single Family Home Yes Developed 0.147 1 $778.60 208-850-025 Single Family Home Yes Developed 0.116 1 $778.60 208-850-026 Single Family Home Yes Developed 0.115 1 $778.60 208-850-027 Single Family Home Yes Developed 0.124 1 $778.60 208-850-028 Single Family Home Yes Developed 0.129 1 $778.60 208-850-029 Single Family Home Yes Developed 0.133 1 $778.60 208-850-030 Single Family Home Yes Developed 0.152 1 $778.60 208-850-031 Single Family Home Yes Developed 0.191 1 $778.60 208-850-032 Single Family Home Yes Developed 0.119 1 $778.60 208-850-033 Single Family Home Yes Developed 0.125 1 $778.60 208-850-034 Single Family Home Yes Developed 0.134 1 $778.60 208-850-035 Single Family Home Yes Developed 0.235 1 $778.60 208-850-036 Single Family Home Yes Developed 0.147 1 $778.60 208-850-037 Single Family Home Yes Developed 0.201 1 $778.60 208-850-038 Single Family Home Yes Developed 0.135 1 $778.60 208-850-039 Single Family Home Yes Developed 0.14 1 $778.60 208-850-040 Single Family Home Yes Developed 0.114 1 $778.60 208-850-041 Single Family Home Yes Developed 0.114 1 $778.60 208-850-042 Single Family Home Yes Developed 0.115 1 $778.60 208-850-043 Single Family Home Yes Developed 0.147 1 $778.60 208-850-044 Single Family Home Yes Developed 0.129 1 $778.60 208-850-045 Single Family Home Yes Developed 0.124 1 $778.60 208-850-046 Single Family Home Yes Developed 0.159 1 $778.60 208-860-005 Single Family Home Undeveloped 0.548 1 $617.22 208-860-010 Condos/Townhomes Yes Developed N/A 5 $3,114.44 208-860-011 Condos/Townhomes Yes Developed N/A 6 $3,737.34 208-860-016 Single Family Home Undeveloped 0.283 1 $318.74 208-860-017 Single Family Home Undeveloped 0.272 1 $306.36 208-860-018 Single Family Home Undeveloped 0.471 1 $530.50 208-860-019 Single Family Home Undeveloped 0.318 1 $358.16 208-860-020 Single Family Home Undeveloped 0.337 1 $379.56 208-860-029 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-030 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-031 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-032 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-033 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-034 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-035 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-036 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-037 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-038 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-039 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-040 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-042 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-043 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-044 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-045 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-046 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-047 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-048 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-049 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-050 Condos/Townhomes Yes Developed N/A 1 $622.88 5 5.2.k
Packet Pg. 307 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) Assessor Land Use Building Development Proposed FY 2020-21 Parcel No. Description Permit Status Acres Units Tax
208-860-051 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-053 Single Family Home Undeveloped 0.044 1 $49.56 208-860-054 Single Family Home Undeveloped 0.044 1 $49.56 208-860-055 Single Family Home Undeveloped 0.044 1 $49.56 208-860-056 Single Family Home Undeveloped 0.044 1 $49.56 208-860-057 Single Family Home Undeveloped 0.044 1 $49.56 208-860-058 Single Family Home Undeveloped 0.044 1 $49.56 208-860-059 Single Family Home Undeveloped 0.044 1 $49.56 208-860-060 Single Family Home Undeveloped 0.044 1 $49.56 208-860-061 Single Family Home Undeveloped 0.044 1 $49.56 208-860-062 Single Family Home Undeveloped 0.044 1 $49.56 208-860-064 Single Family Home Undeveloped 0.045 1 $50.68 208-860-065 Single Family Home Undeveloped 0.045 1 $50.68 208-860-066 Single Family Home Undeveloped 0.045 1 $50.68 208-860-067 Single Family Home Undeveloped 0.045 1 $50.68 208-860-068 Single Family Home Undeveloped 0.045 1 $50.68 208-860-069 Single Family Home Undeveloped 0.045 1 $50.68 208-860-070 Single Family Home Undeveloped 0.045 1 $50.68 208-860-071 Single Family Home Undeveloped 0.045 1 $50.68 208-860-072 Single Family Home Undeveloped 0.045 1 $50.68 208-860-073 Single Family Home Undeveloped 0.045 1 $50.68 208-860-075 Single Family Home Undeveloped 0.056 1 $63.06 208-860-076 Single Family Home Undeveloped 0.056 1 $63.06 208-860-077 Single Family Home Undeveloped 0.056 1 $63.06 208-860-078 Single Family Home Undeveloped 0.056 1 $63.06 208-860-079 Single Family Home Undeveloped 0.056 1 $63.06 208-860-080 Single Family Home Undeveloped 0.056 1 $63.06 208-860-081 Single Family Home Undeveloped 0.056 1 $63.06 208-860-082 Single Family Home Undeveloped 0.056 1 $63.06 208-860-083 Single Family Home Undeveloped 0.056 1 $63.06 208-860-084 Single Family Home Undeveloped 0.056 1 $63.06 208-860-086 Single Family Home Undeveloped 0.048 1 $54.06 208-860-087 Single Family Home Undeveloped 0.048 1 $54.06 208-860-088 Single Family Home Undeveloped 0.048 1 $54.06 208-860-089 Single Family Home Undeveloped 0.048 1 $54.06 208-860-090 Single Family Home Undeveloped 0.048 1 $54.06 208-860-091 Single Family Home Undeveloped 0.048 1 $54.06 208-860-092 Single Family Home Undeveloped 0.048 1 $54.06 208-860-093 Single Family Home Undeveloped 0.048 1 $54.06 208-860-094 Single Family Home Undeveloped 0.048 1 $54.06 208-860-095 Single Family Home Undeveloped 0.048 1 $54.06 208-860-097 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-098 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-099 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-100 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-101 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-102 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-103 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-104 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-105 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-106 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-108 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-109 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-110 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-111 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-112 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-113 Condos/Townhomes Yes Developed N/A 1 $622.88 6 5.2.k
Packet Pg. 308 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2) Assessor Land Use Building Development Proposed FY 2020-21 Parcel No. Description Permit Status Acres Units Tax
208-860-114 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-115 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-116 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-117 Condos/Townhomes Yes Developed N/A 1 $622.88 208-860-119 Single Family Home Undeveloped 0.046 1 $51.80 208-860-120 Single Family Home Undeveloped 0.046 1 $51.80 208-860-121 Single Family Home Undeveloped 0.046 1 $51.80 208-860-122 Single Family Home Undeveloped 0.046 1 $51.80 208-860-123 Single Family Home Undeveloped 0.046 1 $51.80 208-860-124 Single Family Home Undeveloped 0.046 1 $51.80 208-860-126 Single Family Home Undeveloped 0.057 1 $64.20 208-860-127 Single Family Home Undeveloped 0.057 1 $64.20 208-860-128 Single Family Home Undeveloped 0.057 1 $64.20 208-860-129 Single Family Home Undeveloped 0.057 1 $64.20 208-860-130 Single Family Home Undeveloped 0.057 1 $64.20 208-860-131 Single Family Home Undeveloped 0.057 1 $64.20 208-870-001 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-002 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-003 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-004 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-005 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-006 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-007 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-008 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-009 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-010 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-011 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-012 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-014 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-015 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-016 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-017 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-018 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-019 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-020 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-021 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-022 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-023 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-024 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-025 Condos/Townhomes Yes Developed N/A 1 $622.88 208-870-027 Single Family Home Undeveloped 0.059 1 $66.44 208-870-028 Single Family Home Undeveloped 0.059 1 $66.44 208-870-029 Single Family Home Undeveloped 0.059 1 $66.44 208-870-030 Single Family Home Undeveloped 0.059 1 $66.44 208-870-031 Single Family Home Undeveloped 0.059 1 $66.44 208-870-032 Single Family Home Undeveloped 0.059 1 $66.44 Total 32.923 397 $233,366.32
7 5.2.k
Packet Pg. 309 Attachment: K: CFD 2014-1 (Tax Zone 2) Annual Report FY 2020-21 (2024-35 : Receive and File FY2023-24 CFDTax Zones 1 & 2)

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Cindy Yee, Senior Planner
SUBJECT: MINUTE ORDER NO. 2024-008 - Ratifying the Architectural Review Board Appointment

RECOMMENDED ACTION
Staff recommends that the City Council approve Minute Order ratifying the appointment of one regular member of the Architectural Review Board.

BACKGROUND/DISCUSSION
In 2004, the City Council amended an ordinance modifying the selection process regarding the appointment of Architectural Review Board (ARB) members and granting the Community Development Director the ability to make appointments to the ARB, rather than the City Council, in an effort to streamline the recruitment process.

In January 2008, the City Council amended the Municipal Code through Ordinance No. 411 to reduce the Board membership from five regular members and two alternate members to three regular members and up to three alternate members.

In February 2024, the City Council re-appointed architect Warren Fujimura to serve as a board member of the ARB through February 2026. At the end of August 2024, Mr. Fujimura’s position was vacated due to moving out of the area. Two alternate board member positions also remain vacant for a licensed landscape architect and a licensed architect. The City Clerk listed the ARB vacancies on the City’s website and the City’s official posting locations soliciting applications for ARB. One application was received by the City Clerk for the regular licensed architect member position. The Community Development Director reviewed the application and conducted an interview with Nathan Conrad for the regular board member position. The Community Development Director recommends ratification of the appointment of Nathan Conrad to the Architectural Review Board as a regular architect member to serve the remainder of the vacant term ending February 28, 2026. The two alternate board member positions remain open until filled by qualified applicants.

FISCAL ANALYSIS
There is no fiscal impact as a result of an appointment.

5.3 Packet Pg. 310

STEPS FOLLOWING APPROVAL
Staff will notify Nathan Conrad of their appointment to the ARB to serve the remainder of a twoyear term through February 2026.

5.3 Packet Pg. 311

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: MINUTE ORDER NO. 2024-009 - Authorizing the Mayor Elect to Attend the United States Conference of Mayor's 93rd Winter Meeting – Washington, D.C on January 17-19, 2025

RECOMMENDED ACTION
Staff recommends that the City Council adopt this Minute Order authorizing Mayor Elect to attend the United State Conference of Mayors 93rd Winter Meeting in Washington, D.C. on January 17 - 19, 2025.

BACKGROUND/DISCUSSION
The City of San Ramon’s Travel Policy adopted by Resolution No. 2021-135 which outlines the procedures and guidelines pertaining to travel by members of the City Council on official business. The policy states that “Out-of-state travel not required for participation in the National League of Cities requires approval of the City Council in a public meeting.” Mayor Elect Armstrong is requesting that the City Council approve his travel to attend the United State Conference of Mayors 93rd Winter Meeting in Washington, D.C. on January 17 - 19, 2025.

The U.S. Conference of Mayors 93rd Winter Meeting will bring mayors from cities of all sizes and from all regions of the country together in Washington, D.C. The primary purpose of this meeting is to engage with the White House, the current administration, and Congress and to discuss the priorities of America’s mayors.

FISCAL ANALYSIS
The funds required for this Conference are available in the 2024/2025 City Budget as required by Section A6-1 (a) (1).

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

5.4 Packet Pg. 312

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Scott Koll, Deputy City Manager
By: Scott Koll, Deputy City Manager
SUBJECT: RESOLUTION NO. 2024-111 - Authorizing The City Manager To Execute An Agreement With Municipal Resource Group (Mrg) For Municipal Advisory Services

RECOMMENDED ACTION
Authorize the City Manager to amend its agreement with Municipal Resource Group (MRG) to provide advisory services for the following projects:

1. Updates to the City’s Personnel Rules and Regulations

2. Assessment of the City’s financial management practices, including forecasting, departmental staffing model, assignments and workflow, technology deployment and automation, as well as alignment with industry best practices.

BACKGROUND/DISCUSSION
In alignment with the City’s commitment to operational excellence and continuous improvement, the City recently engaged MRG after a competitive request-for-proposal (RFP) process to evaluate General Government operations. Three firms were invited to submit proposals:
• Municipal Resource Group (MRG)
• Baker Tilly
• Raftelis
MRG was selected given their expertise in municipal operations and lowest cost proposal. The scope of their General Government assessment ($52,011.25) included:

1. Evaluation of the City Manager’s span of control

2. Review of risk management program, reporting structure, and workflow impacts on HR, the City Attorney’s Office, and the City Clerk’s Office

3. Communications workflow analysis, focusing on constituent engagement and outreach

4. Evaluation of Human Resources Division after being reassigned to the City Manager’s Office from Administrative Services Department in April 2024

5.5 Packet Pg. 313
The results of MRG’s study led to several key recommendations, including:

1. Creation of an Assistant City Manager (ACM) position to reduce the City Manager’s span of control.

2. Dissolution of the Administrative Services Department and the establishment of a standalone Finance Department.

3. Reorganizing HR, IT, Communications, legislative advocacy, and to report to the Finance Department under the ACM.

4. Realignment of various operational workflows, including risk management, constituent engagement, and contract management.

DISCUSSION
Given MRG’s deep familiarity with the City’s service delivery model and their demonstrated expertise, staff recommends retaining MRG for two additional projects critical to enhancing organizational effectiveness:

1. Personnel Rules and Regulations Update ($35,000)
The City’s Personnel Rules and Regulations have not been comprehensively updated since 2009.

MRG will evaluate existing policies, identify gaps, and ensure alignment with modern industry standards and legal requirements. This update is essential to maintaining competitive positioning in the Bay Area labor market.

2. Financial Management Assessment ($98,700)
The Finance Director position is currently vacant pending a recruitment. This vacancy presents an opportunity to evaluate current financial practices in preparation for new leadership. MRG will provide recommendations on financial management strategies, forecasting, and staff roles while benchmarking the City’s practices against industry best standards. These insights will guide the new Finance leadership team in driving fiscal sustainability and operational efficiency.

These projects represent one-time investments to secure long-term benefits, ensuring that City practices align with best practices and community expectations.

FISCAL ANALYSIS
The proposed scope of work will not exceed $185,711.25. Funding for these services is available within the current General Fund professional services budget and programmed within the General Government, Human Resources, and Finance operating budgets.

1. City Administration ($52,011.25): Account #10112100-61005

2. Human Resources ($35,000): Account # 10115100-61005

3. Finance ($98,700): Account # 10121100-61005

STEPS FOLLOWING APPROVAL

5.5 Packet Pg. 314

1. The City Attorney’s Office will forward the Contract Agreement to Municipal Resource Group for execution.

2. Upon receipt of the executed Contract Agreement, the certificate of insurance and a copy of a current City business license from the contractor, the City Attorney’s Office will forward a copy of the executed Contract Agreement and all attachments to the City Manager’s OfficeAdministration.

ATTACHMENT
A: MRG Organizational Structure Briefing Report

5.5 Packet Pg. 315
RESOLUTION NO. 2024-111

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH

MUNICIPAL RESOURCE GROUP (MRG) FOR MUNICIPAL ADVISORY SERVICES WHEREAS, the City of San Ramon is committed to ensuring operational efficiency, organizational effectiveness, and financial sustainability; and WHEREAS, the City recently engaged Municipal Resource Group (MRG) to evaluate General Government operations, resulting in actionable recommendations to improve organizational structure and workflow; and
WHEREAS, MRG has demonstrated a comprehensive understanding of the City’s operations and is uniquely qualified to perform additional advisory services to update the City’s Personnel Rules and Regulations and conduct a financial management assessment of a new Finance Department; and
WHEREAS, these projects represent one-time investments necessary to align City operations with modern best practices, ensuring compliance with legal requirements and enhancing the City’s reputation as a premiere local government agency; and WHEREAS, sufficient funding exists in the current Fiscal Year 2024-25 operating budget for these professional services; and
WHEREAS, the City Council desires to authorize the City Manager to execute an agreement with MRG and utilize these budgeted funds for the associated costs of the proposed services.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN RAMON, AS FOLLOWS:

1. The City Council authorizes the City Manager to execute an agreement with Municipal Resource Group (MRG) for professional services related to the Personnel Rules and Regulations update and financial management assessment.

2. The City Council approves the use of funds already programmed into the General Fund professional services budget for the costs associated with these services.

3. The City Council directs the City Manager to oversee the implementation of the agreement and provide updates on progress and recommendations for action as necessary.

4. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED, at the meeting of December 10, 2024, by the following votes:

5.5 Packet Pg. 316
AYES:

NOES:

ABSENT:

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

5.5 Packet Pg. 317
2024 SAN RAMON GENERAL GOVERNMENT STUDY 1

CITY OF SAN RAMON
Briefing Report
Overall Organization Structure
Prepared by MRG – November 2024
The City of San Ramon hired MRG to conduct a high-level organizational assessment for the City of San Ramon with a focus on General Government including Finance, Risk Management, and Human Resources functions. The study was to review the span of control, structure, and organizational alignment and to review effectiveness, efficiency, and internal workflow among functions and with line departments.

MRG interviewed approximately 15 staff and reviewed key documents. Below is a copy of the current organization chart for the City of San Ramon.

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Packet Pg. 318 Attachment: A: MRG Organizational Structure Briefing Report (2024-111 : Financial Advisory Services Staff Report) 2024 SAN RAMON GENERAL GOVERNMENT STUDY 2
Key Findings / Themes
Overall the following themes were determined based on feedback from staff and MRG’s review of San Ramon’s operations as compared to other organizations and best practices.

1. The City Manager’s Office would be better served with increased executive management capacity for greater focus, oversight, and clarity for internal and external stakeholders/staff. The number of direct reporting relationships to the City Manager should be reduced.

2. The current Administrative Services Department (Finance, HR, IT, Risk Management) needs increased executive oversight and a reorganization. Financial services require a director level position to provide expertise, capacity and accountability.

3. A more strategic organization of the work assignments in City Attorney’s Office between in-house legal and outside legal services could increase efficiency and provide clearer accountability for the department. Contract administration responsibilities are absorbing a large amount of the capacity of the City Attorney’s Office and contracts are not being completed on a timely basis.

4. There is a need for greater system ownership, shifting of responsibilities, training, and clarity of roles and processes in key areas – contracts, risk management, communications, and constituent service requests.

Recommendations
MRG recommends a new organization chart as shown below based on the outlined recommendations.

1. Reduce the City Manager’s direct reports to focus on Community Development, Parks & Community Services, Police and Public Works.

2. Reorganize the Deputy City Manager position to an Assistant City Manager position with clear role & operational responsibility. Assign all internal service operations for executive oversight and integrations (Finance, HR, Risk Management, Information Technology). This position should serve in an at-will capacity.

3. Eliminate the Administrative Services Director position and hire a Finance Director position reporting to the Assistant City Manager to manage and oversee the City’s financial portfolio and services. This position should serve in an at-will capacity.

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Packet Pg. 319 Attachment: A: MRG Organizational Structure Briefing Report (2024-111 : Financial Advisory Services Staff Report) 2024 SAN RAMON GENERAL GOVERNMENT STUDY 3

4. Merge the staff of the City Clerk and City Manager’s offices together for operational coordination, redundancy, and increased collaboration. Broaden the role of the City’s Clerk’s Office to serve as the “Constituent Relations Manager” with the following responsibilities:
 Formally oversee City Council requests for information and service that do not require action by the City Manager.
 Serve as the manager of constituent relations and service. Work with line departments to triage requests for information and service in an efficient and thorough manner and ensure timely customer service based on updated city standards.  Administer the City’s contract process. An updated contract process and training for staff will be created for decentralized approach versus the current contracts program centralized in the City Attorney’s Office. An additional position may be required to coordinate contracts in the long run.
 Move the Executive Assistant from reporting to the City Manager to report to the City Clerk to increase collaboration, communication and redundancy for the City Council and City Manager.
 For greater detail, below is the configuration for the new City Manager’s Office.

5. Reorganize contracts processing and increase contracts training and best practices. Currently, contracts administration is centralized within the City Attorney’s Office. The City Attorney’s Office is the contract administrator and provides legal and risk advice. Contracts take too much of the staff time of the City Attorney’s Office and are not being processed in a timely manner.

MRG recommends a new decentralized process which will require training for line departments and key staff involved in contracts. The chart on the next page illustrates the new process which moves contract administration to the responsibility of the City Clerk. The City Attorney’s Office will

5.5.a
Packet Pg. 320 Attachment: A: MRG Organizational Structure Briefing Report (2024-111 : Financial Advisory Services Staff Report) 2024 SAN RAMON GENERAL GOVERNMENT STUDY 4
continue to provide legal and risk management advice on contracts, but is no longer the “hub” for contracts. Each line department will require formal contracts training and management oversight.

6. Create clearer ownership and responsibility with Risk Management functions. San Ramon belongs to Municipal Pooling Authority (MPA), a Joint Powers Authority established in 1978 for the purpose of providing liability insurance to municipal agencies in Northern California. MPA provides lines of coverage in the following areas Workers' Compensation, Property, Vehicle Physical Damage, Risk Control, Employee Benefits, Employee Wellness Programs and more. San Ramon has very low selfinsured retention levels with MPA (first dollar coverage for workers’ compensation claims and $5,000 self-insured retention levels for liability claims). These low levels reduce the workload for managing risk management claims substantially.

While many local government agencies are beginning to add back formal Risk Manager positions, MRG does not believe that level of staffing is necessary for San Ramon. Under the new Assistant City Manager position, risk management can be overseen with daily oversight of workers’ compensation managed by Human Resources and liability managed by the Assistant City Manager and processing of the claims by the City Clerk. MPA requires a Director and Alternate to serve on the Board of Directors of the JPA. These seats would be held by the Assistant City Manager and HR Manager.

PROPOSED - Contract Administration in San Ramon
Contract Administration led by
City Attorney’s Office
Contract Administration led by
City Clerk’s Office

DEPARTMENT

TRAINING & TOOLS
City Attorney
-Approve “forms”; annual training
-If contract not standard, requires CA review
-Also review of complex legal or indemnification issues Training of department staff at
variety of levels is necessary.

Critical to successful transition of
contracts to departments. Need
training, systems, tools and
support.
 Annual Contracts Training
 Recorded Training for New
Staff through Year
 Certification Program for
Department Contract
Manager
Departments
-originate contract
-work with vendor
Current - Centralized Future - Decentralized
City Clerk’s Office
-process and track contracts through approval
-General questions; coordinate annual training
-Advise insurance questions / indemnification light
-Records retention of all contracts
-Ensure contract in place before payment; linked to POs -Annual insurance certification management
City Attorney
-process and track all contracts through
approval
-review all contracts for QC
-review for insurance & indemnification
-track insurance certifications
-process and track contracts
Each Department
-Originate contract using CA approved “forms”
-Work with vendor; develop scope; secure insurance certs -Department director / designee review & approve
-Circulate for signature. Track insurance certifications Finance
-Ensure contract in place before payment; linked to POs

5.5.a
Packet Pg. 321 Attachment: A: MRG Organizational Structure Briefing Report (2024-111 : Financial Advisory Services Staff Report) 2024 SAN RAMON GENERAL GOVERNMENT STUDY 5
MRG Background -- MRG is an experienced, full-service consulting firm dedicated to assisting client agencies in attaining their strategic goals. For the past 15 years, MRG has led a team of professionals who work to address challenges for both public and private sector clients. Our consultants have extensive experience in all aspects of Organizational Assessment & Development, Human Resources, including staffing and effectiveness analyses. This report was prepared by MRG Affiliated Consultants, Cathy Capriola & Ronda Rivera. November 2024

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Packet Pg. 322 Attachment: A: MRG Organizational Structure Briefing Report (2024-111 : Financial Advisory Services Staff Report)

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Suzy Edwards, Associate Engineer
SUBJECT: RESOLUTION NO. 2024-112 - Accepting the Work by McKim Corporation, for Construction of the Pavement Management 2024 Project, and Portions of the Pavement Management 2025 Project (CIP 000013 and CIP 000015), as Complete and Authorizing the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office

EXECUTIVE SUMMARY
On June 25, 2024, the City Council adopted Resolution No. 2024-078, authorizing the Mayor to execute an Agreement (C2024-043) with McKim Corporation, for construction of the Pavement Management 2024 Project, and portions of the Pavement Management 2025 Project (CIP 000013 and CIP 000015), in an amount not to exceed $1,990,000.

During construction, the City issued one Construction Change Order (CCO), for a final contract amount of $1,989,999. The work is now complete. This Resolution will result in the posting of a Notice of Completion and subsequent release of retained funds to the contractor.

RECOMMENDED ACTION
Staff recommends approval of this Resolution accepting the work by McKim Corporation for construction of the Pavement Management 2024 and portions of the Pavement Management 2025 Projects (CIP 000013 and CIP 000015), as complete and authorizing the City Clerk to file a Notice of Completion with the Contra Costa County Clerk Recorder’s Office.

BACKGROUND
The Pavement Management Program 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. The scope of work for the Annual Pavement Management Program is based on several factors that include roadway condition and age; repairs and preventative maintenance; and a geographic grouping of roadways.

5.6 Packet Pg. 323
On June 25, 2024, the City Council adopted Resolution No. 2024-043, authorizing the Mayor to execute an Agreement (C2024-043) with McKim Corporation, for construction of the Pavement Management 2024 and portions of the Pavement Management 2025 Projects (CIP 000013 and CIP 000015), in an amount not to exceed $1,990,000.

The work performed by McKim Corporation, under the Pavement Management 2024 Project (CIP 000013) included:
· Mill and fill treatment at:
o Alderwood Lane, Bancroft Place, Belle Meade Drive, Blackhorn Court, Braeburn Court, Broadmoor Court, Dexter Place, Hardwick Place, Heather Ridge Court, Holbrook Place, Knollcrest Court, Montevideo Court, Oak Valley Drive (westbound), Pine Valley Court, Sedgefield Court, Shireoaks Court, Sunnyside Place; and
o Pine Valley Road, between Broadmoor Avenue and Thunderbird Drive. · Localized digouts in several neighborhoods within the City in advance of the Pavement Management 2025 Project (CIP 000015):
o Bridge Creek Drive, Bridle Court, Cantas Place, Country Creek Court, Ensenada Drive, Jamaca Drive, Lareto Drive, Linbrook Drive, Longwood Court, Lone Pine Court, Madrid Place, Overlook Drive, Regency Court, Ridgepointe Court, Roma Place, Royal Coach Court, Santa Rosa Drive, Seville Place, Shady Valley Court, Springbrook Drive, Summer Valley Court, Summit View Drive, Sun Ridge Drive, Woodland Drive, Woodland Valley Drive, Woodview Circle; Enfield Street between E Branch Parkway and Avery Court;
o Old Ranch Estates between Blackthorn Court and Rustic Place; o Pine Valley Road between Thunderbird Drive and Alcosta Boulevard; o Stoney Creek Drive between Old Ranch Road and Bent Creek Drive; o Tahiti Drive between Java Drive and Barbados Drive; and o Windemere Parkway between Bollinger Canyon Road and E Branch Parkway.

By including digouts for CIP 000015 with this contract, staff was able to eliminate the cost of markups for this work in the subsequent Project that will be more specific to preventative maintenance roadway treatments in 2025, requiring asphalt treatments to be subcontracted out by the prime contractor, increasing the overall project cost. Also, included in the Project: adjusted utility covers and manholes to grade; adjusted survey monument frame and covers to grade; replaced signal detector loops; applied sharrows along Pine Valley Road and Belle Meade Drive; and applied pavement striping, markings, and markers.

PMP 2024 - Work Performed Under Other Contracts
Curb ramp upgrades to meet the requirements of the Americans with Disabilities Act (ADA), replacement of concrete valley gutters, as well as curb, gutter, sidewalk, and driveway repairs were performed under separate contracts as part of the Project, as described below.

On March 26, 2024, the City Council authorized the Mayor to execute an Agreement (C2024-

5.6 Packet Pg. 324
028) with Sposeto Engineering, Inc. for Curb Ramp Construction and Miscellaneous Concrete Repairs for the Pavement Management 2024 and 2025 Projects and Other Curb Ramp Locations as needed (CIP 000013 and CIP 000015, and other CIPs) in an amount not to exceed of $945,000. Under this Agreement, between July and September 2024, Sposeto Engineering, Inc. upgraded 43 ADA curb ramps within the limits of the Pavement Management 2024 Project (CIP 000013). Sposeto Engineering, Inc. also replaced concrete valley gutters, curbs, gutters, sidewalks, and driveways within the Project limits. The construction agreement (C2024-028) with Sposeto Engineering, Inc. is still on-going as this contractor is to complete ADA curb ramp upgrades and miscellaneous concrete repairs for the Pavement Management 2025 Project (CIP 000015).

Plans, specifications, and estimates for the Project were completed in-house by Public Works - Engineering Division staff, providing a more cost-effective project delivery and reducing the overall cost of the project.

DISCUSSION
McKim Corporation completed the work within the time specified in the contract documents and within the authorized budget amount. During construction, the City issued one Contract Change Order (CCO) for: Contract Change Order No. 1 added conform grinds as needed for pavement grade changes at areas abutting newly upgraded valley gutters and curb ramps; added traffic control for additional locations of work; adjusted Bid Item No. 6 (Cold Planing 1.5”), Bid Item No. 7 (Cold Planing 2”), Bid Item No. 10 (Cold Planing 4”), Bid Item No. 11 (HMA Type A - Inlay), and Bid Item No. 13 (4” Digouts).

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 Five-Year 2024-2029 Capital Improvement Program authorized a total Project budget of $3,025,800 for the Pavement Management 2024 Project (CIP 000013), which is funded by Gas Tax in the amount of $1,875,807 and Refuse Vehicle Impact Fee in the amount of $1,149,996.

The total Project expenses are $2,787,469, as shown below. The authorized contract amount with McKim Corporation is $1,990,000. The total construction cost, including one contract change order, is $1,989,999.

Of the total construction costs described below, $420,000 was funded by the Pavement Management 2025 Project (CIP 000015) in preparation for work at all streets included in CIP 000015 and funded by Gas Tax.

The total expenses for this project are as follows:

Expenses Amount
Pavement Design Services (Deflection Testing and Coring) $98,515

5.6 Packet Pg. 325
Environmental (CEQA Filing) $50
Construction Contract - Pavement (McKim Corporation) $1,989,999 Material Testing and Construction Support (not to exceed) $27,168 Concrete Work (including curb ramps) $557,341
MTC P-TAP Round 25 $17,000
City staff time $254,470
Reimbursements listed in table below ($157,075)
TOTAL $2,787,469
Staff has sent invoices to other agencies, totaling $157,075 in reimbursements for work related to the construction phase of this Project. Below is a summary of these reimbursements:

Agency/Entity Reimbursing the City Amount
Central Contra Costa Sanitary District (CCCSD) $2,700
Dublin San Ramon Services District (DSRSD) $66,250
East Bay Municipal Utility District (EBMUD) $79,800
AT&T (PacBell Manholes) $8,325
TOTAL $157,075
The remaining unused funds from CIP 000013 will be returned to the Gas Tax Fund for use in future pavement management projects.

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 fund.

ATTACHMENT
A: Notice of Completion - McKim Corporation

5.6 Packet Pg. 326
RESOLUTION NO. 2024-112

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

ACCEPTING THE WORK BY MCKIM CORPORATION, FOR CONSTRUCTION OF THE PAVEMENT MANAGEMENT 2024 PROJECT, AND PORTIONS OF THE PAVEMENT MANAGEMENT 2025 PROJECT (CIP 000013 AND CIP 000015), AS

COMPLETE AND AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF

COMPLETION WITH THE CONTRA COSTA COUNTY CLERK RECORDER'S OFFICE
WHEREAS, the City desired to construct the Pavement Management 2024 and portions of the Pavement Management 2025 Projects (CIP 000013 and CIP 000015); and WHEREAS, on June 25, 2024, the City Council adopted Resolution No. 2024-078, authorizing the Mayor to execute an Agreement (C2024-043) with McKim Corporation, for construction of the Pavement Management 2024 and portions of the Pavement Management 2025 Projects (CIP 000013 and CIP 000015), in an amount not to exceed $1,990,000; and WHEREAS, during construction, the City issued one Construction Change Order; and WHEREAS, the work performed by McKim Corporation for the Pavement Management 2024 and portions of the Pavement Management 2025 Projects (CIP 000013 and CIP 000015), is now complete and ready for acceptance by City Council; and WHEREAS, the total construction cost for Agreement (C2024-043) with McKim Corporation for Pavement Management 2024 and portions of the Pavement Management 2025 Projects (CIP 000013 and CIP 000015), is $1,989,999.

NOW, THEREFORE BE IT RESOLVED that the City Council accepts the work by McKim Corporation for construction of the Pavement Management 2024 and portions of the Pavement Management 2025 Projects (CIP 000013 and CIP 000015), 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 December 10, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________

5.6 Packet Pg. 327
David E. Hudson, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk

5.6 Packet Pg. 328
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:

McKim Corporation July 2, 2024
(Contract Date)

3. Brief Description of the Project:

The work performed by McKim Corporation under the Pavement Management 2024 Project (CIP 000013) included mill and fill at Alderwood Lane, Bancroft Place, Belle Meade Drive, Blackhorn Court, Braeburn Court, Broadmoor Court, Dexter Place, Hardwick Place, Heather Ridge Court, Holbrook Place, Knollcrest Court, Montevideo Court, Oak Valley Drive (westbound), Pine Valley Court, Pine Valley Road between Broadmoor Avenue and Thunderbird Drive, Sedgefield Court, Shireoaks Court, Sunnyside Place. In addition, the Project included localized digouts; in several neighborhoods in the City included in the Pavement Management 2025 Project (CIP 000015):

Bridge Creek Drive, Bridle Court, Cantas Place, Country Creek Court, Enfield Street between E Branch Parkway and Avery Court, Ensenada Drive, Jamaca Drive, Lareto Drive, Linbrook Drive, Longwood Court, Lone Pine Court, Madrid Place, Old Ranch Estates between Blackthorn Court and Rustic Place, Overlook Drive, Pine Valley Road between Thunderbird Drive and Alcosta Boulevard, Regency Court, Ridgepointe Court, Roma Place, Royal Coach Court, Santa Rosa Drive, Seville Place, Shady Valley Court, Springbrook Drive, Stoney Creek Drive between Old Ranch Road and Bent Creek Drive, Summer Valley Court, Summit View Drive, Sun Ridge Drive, Tahiti Drive between Java Drive and Barbados Drive, Windemere Parkway between Bollinger Canyon Road and E Branch Parkway, Woodland Drive, Woodland Valley Drive, Woodview Circle. Also, included in the project: adjusted utility covers and manholes to grade; adjusted survey monument frame and covers to grade; replaced signal detector loops; and applied pavement striping, markings, and markers.

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

December 10, 2024*

5. The surety on said contract was held by:

Great Midwest Insurance Company
800 Gessner, Suite 600
Houston, TX 77024
GM234510
(Bond No.)

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Packet Pg. 329 Attachment: A: Notice of Completion - McKim Corporation (2024-112 : Accepting the Work by McKim Corporation for the Pavement 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.

5.6.a
Packet Pg. 330 Attachment: A: Notice of Completion - McKim Corporation (2024-112 : Accepting the Work by McKim Corporation for the Pavement

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Jon Bell, Public Works Division Manager
SUBJECT: RESOLUTION NO. 2024-113 - Authorizing the Mayor to Execute an Agreement with HF&H Consultants, LLC for On-Call Miscellaneous Solid Waste Consulting Services in an Amount Not to Exceed $150,000 through December 31, 2025, with the Option to Renew the Agreement for Up to Four Additional Successive One-Year Terms
RESOLUTION NO. 2024-114 - Authorizing the Mayor to Execute an Agreement with R3 Consulting Group, Inc. for On-Call Miscellaneous Solid Waste Consulting Services in an Amount Not to Exceed $150,000 through December 31, 2025, with the Option to Renew the Agreement for Up to Four Additional Successive One-Year Terms

EXECUTIVE SUMMARY
The City of San Ramon requires On-Call Miscellaneous Solid Waste Consulting Services for Ongoing/On-Call Solid Waste Services Agreements, that include an exclusive Franchise Agreement with Alameda County Industries (ACI), a post Collection Agreement with Republic Services, a Collection Agreement with Clean Harbors Environmental Services, Inc. for On-Call Door-to-Door Household Hazardous Waste and Electronic Collection Services, and nonexclusive Commercial Recycling Transporter Permits for commercial recyclables and organics and construction and demolition debris. On October 1, 2024, staff advertised a Request for Qualifications (RFQ) for On-Call Miscellaneous Solid Waste Consulting Services. On October 29, 2024, the City received and opened three Statements of Qualifications (SOQ). After a thorough review of the qualifications and SOQs, staff has selected both HF&H Consultants, LLC and R3 Consulting Group, Inc. to provide these services in amount not to exceed $150,000 each through December 31, 2025, with the option to renew the Agreements for up to four additional successive one-year terms.

RECOMMENDED ACTION
Staff recommends approval of this Resolution authorizing the Mayor to execute Agreements with HF&H Consultants, LLC and R3 Consulting Group, Inc. for On-Call Miscellaneous Solid Waste Consulting Services in an amount not to exceed $150,000 each through December 31, 2025, with the option to renew the Agreements for up to four additional successive one-year terms.

5.7 Packet Pg. 331

BACKGROUND
The City of San Ramon requires On-Call Miscellaneous Solid Waste Consulting Services for Ongoing/On-Call Solid Waste Services Agreements:

An exclusive Franchise Agreement with ACI to provide:
• Solid waste collection (residential & commercial)
• Recyclables and organics collection (residential only) • Recyclables processing (residential only)
• Non-exclusive commercial organics and recyclables collection and processing at discounted customer rates through the ACI of San Ramon Franchise Agreement ACI’s Franchise Agreement will expire on September 30, 2034, with one potential 5-year extension to a total term that does not extend beyond September 30, 2039.

A Post Collection Agreement with Republic Services to provide:
• Landfill disposal of solid waste (residential & commercial) • Composting of organic material - yard trimmings, food scraps, soiled paper products, clean wood (residential only). The drop-off location for both solid waste and residential organics is the Vasco Road Landfill outside of Livermore. The Agreement expires on December 31, 2029.

A separate Collection Agreement with Clean Harbors Environmental Services, Inc. for On-Call Door-to-Door Household Hazardous Waste and Electronic Collection Services. This Agreement also expires on December 31, 2025.

Non-Exclusive Commercial Recycling Transporter Permits. Eleven permittees compete to collect and process:
• Commercial recyclables and organics
• Construction and demolition debris
The City does not limit the number of permittees or set the rates that they charge their customers.

Permittees must submit quarterly tonnage reports and pay franchise fees on gross receipts.

The City currently has a diversion rate of 81%, per CalRecycle’s calculations. ACI submitted a diversion schedule in the 2019 Franchise Agreement that outlines annual minimum diversion rates toward “zero”, or 90% diversion.

5.7 Packet Pg. 332

DISCUSSION
On October 1, 2024, staff advertised a Request for Qualifications (RFQ) for On-Call Miscellaneous Solid Waste Consulting Services.

The RFQ focused on “Miscellaneous” On-Call, As-Needed Consulting Services and solicited billing rates and qualifications. Types of services to be performed by the consultant listed in the RFQ include the following:
• Assistance in setting waste diversion goals, evaluating and selecting diversion programs, and drafting long-range implementation plans;
• Researching and analyzing potential solid waste, recycling, and composting programs; • Estimating the cost and diversion potential of program alternatives; • Benchmarking existing and proposed San Ramon programs with those in other jurisdictions;
• Obtaining stakeholder input on program alternatives from San Ramon residents, businesses, and service providers;
• Drafting collection and processing agreements;
• Negotiating contract extensions with service providers; • Procuring and negotiating collection and processing agreements / assisting with contract negotiations and RFP processes;
• Evaluating the value, competitiveness, and reasonableness of cost and technical proposals from solid waste, recycling, and composting service providers; • Drafting City ordinances related to solid waste, recycling, and composting; and • Setting customer rates / service fees.

On October 29, 2024, the City received and opened three Statements of Qualifications (SOQs) from the following firms:
• HF&H Consultants, LLC
• Raftelis Financial Consultants, Inc.
• R3 Consulting Group, Inc.

5.7 Packet Pg. 333
After a thorough review of the qualifications and SOQs, staff has selected both HF&H Consultants, LLC and R3 Consulting Group, Inc. to provide these services in an amount not to exceed $150,000 each through December 31, 2025, with the option to renew the Agreements for up to four additional successive one-year terms.

HF&H Consultants, LLC has comprehensive expertise in negotiating extensions to solid waste franchise agreements with other cities. They also have extensive experience working closely with the City to design, procure, and negotiate the current Franchise Agreement with ACI. They have also been involved in the rate adjustments and amendments to ACI’s Franchise Agreement.

R3 Consulting Group, Inc. has significant expertise in providing a diverse range of solid waste management consulting to other cities. They have provided the City with a Solid Waste Franchise Fee Study, which included cost-recovery, fees, and property value analyses.

FISCAL ANALYSIS
The adopted FY 2024/25 Public Services Operating Budget for the Solid Waste Program has sufficient funding for solid waste consulting services. The costs for audits necessary for the rate reviews will be subject to reimbursement to the Solid Waste Fund, up to $30,000.

Consultant services will be requested as they become needed for each project. The services will be on an “as needed” basis and the scope of the services will be determined when such services are requested, using Task Orders. During the term of the Agreements, the City will request Task Orders, and the Consultants will provide a separate not-to-exceed fee proposal for each task order requested. The Public Works Department - Public Services Division has utilized similar On-Call Consulting Agreements for other services. Establishing On-Call Consulting Agreements now will enable the City to respond promptly to solid waste consulting needs that may arise over the next four (4) years.

STEPS FOLLOWING APPROVAL

1. The City Attorney’s Office will forward the Contract Agreements to HF&H Consultants, LLC and R3 Consulting Group, Inc. for execution.

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

3. Staff will then issue Task Orders as needed.

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RESOLUTION NO. 2024-113

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HF&H

CONSULTANTS, LLC FOR ON-CALL MISCELLANEOUS SOLID WASTE
CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 THROUGH DECEMBER 31, 2025, WITH THE OPTION TO RENEW THE AGREEMENT FOR UP

TO FOUR ADDITIONAL SUCCESSIVE ONE-YEAR TERMS
WHEREAS, the City of San Ramon requires On-Call Miscellaneous Solid Waste Consulting Services for Ongoing/On-Call Solid Waste Services Agreements, that include an exclusive Franchise Agreement with Alameda County Industries (ACI), a post Collection Agreement with Republic Services, a Collection Agreement with Clean Harbors Environmental Services, Inc. for On-Call Door-to-Door Household Hazardous Waste and Electronic Collection Services, and non-exclusive Commercial Recycling Transporter Permits for commercial recyclables and organics and construction and demolition debris; and WHEREAS, on October 1, 2024, staff advertised a Request for Qualifications (RFQ) for On-Call Miscellaneous Solid Waste Consulting Services; and WHEREAS, on October 29, 2024, the City received and opened three Statements of Qualifications (SOQs); and
WHEREAS, after review of all SOQs submitted pursuant to said RFQ, HF&H Consultants, LLC’s SOQ was one of two accepted by the City and identified as most advantageous; and
WHEREAS, HF&H Consultants, LLC by reason of qualifications, experience, and facilities for performing the type of services contemplated herein, has proposed to provide the requested services; and
WHEREAS, HF&H Consultants, LLC is willing to provide the requested services; and WHEREAS, the adopted FY 2024/25 Public Services Operating Budget for the Solid Waste Program has sufficient funding for solid waste consulting services.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the Mayor authorizing the Mayor to execute an Agreement with HF&H Consultants, LLC for On-Call Miscellaneous Solid Waste Consulting Services in an amount not to exceed $150,000 through December 31, 2025, with the option to renew the Agreement for up to four additional successive one-year terms.

PASSED, APPROVED AND ADOPTED at the meeting of December 10, 2024 by the following votes:

5.7 Packet Pg. 335
AYES:

NOES:

ABSENT:

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

5.7 Packet Pg. 336
RESOLUTION NO. 2024-114

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH R3
CONSULTING GROUP, INC. FOR ON-CALL MISCELLANEOUS SOLID WASTE CONSULTING SERVICES IN AN AMOUNT NOT TO EXCEED $150,000 THROUGH DECEMBER 31, 2025, WITH THE OPTION TO RENEW THE AGREEMENT FOR UP

TO FOUR ADDITIONAL SUCCESSIVE ONE-YEAR TERMS
WHEREAS, the City of San Ramon requires On-Call Miscellaneous Solid Waste Consulting Services for Ongoing/On-Call Solid Waste Services Agreements, that include an exclusive Franchise Agreement with Alameda County Industries (ACI), a post Collection Agreement with Republic Services, a Collection Agreement with Clean Harbors Environmental Services, Inc. for On-Call Door-to-Door Household Hazardous Waste and Electronic Collection Services, and non-exclusive Commercial Recycling Transporter Permits for commercial recyclables and organics and construction and demolition debris; and WHEREAS, on October 1, 2024, staff advertised a Request for Qualifications (RFQ) for On-Call Miscellaneous Solid Waste Consulting Services; and WHEREAS, on October 29, 2024, the City received and opened three Statements of Qualifications (SOQs); and
WHEREAS, after review of all SOQs submitted pursuant to said RFQ, R3 Consulting Group, Inc.’s SOQ was one of two accepted by the City and identified as most advantageous; and WHEREAS, R3 Consulting Group, Inc. by reason of qualifications, experience, and facilities for performing the type of services contemplated herein, has proposed to provide the requested services; and
WHEREAS, R3 Consulting Group, Inc. is willing to provide the requested services; and WHEREAS, the adopted FY 2024/25 Public Services Operating Budget for the Solid Waste Program has sufficient funding for solid waste consulting services.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the Mayor authorizing the mayor to execute an Agreement with R3 Consulting Group, Inc. for On-Call Miscellaneous Solid Waste Consulting Services in an amount not to exceed $150,000 through December 31, 2025, with the option to renew the Agreement for up to four additional successive one-year terms.

PASSED, APPROVED AND ADOPTED at the meeting of December 10, 2024 by the following votes:

AYES:

5.7 Packet Pg. 337
NOES:

ABSENT:

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

5.7 Packet Pg. 338

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Kathi Heimann, Parks & Community Services Director By: Mae Mlyniec, Administrative Analyst
SUBJECT: RESOLUTION NO. 2024-115 - Authorizing the Revisions to the Part-Time Temporary Employee Salary Ranges Within the Parks & Community Services Department

RECOMMENDED ACTION
Staff recommends the City Council adopt this resolution, which approves the revised part-time temporary employee salary ranges within the Parks & Community Services Department (PCS), effective January 1, 2025.

BACKGROUND/DISCUSSION
Starting in 2016 to comply with the minimum wage increases, the Parks and Community Services Department adjusted the bottom of the salary range for those positions falling below the new minimum wage at the beginning of each calendar year. This practice led to the compaction of the temporary employee pay ranges. As a result of this compaction, entry and journey-level positions had relatively close starting wages. The compaction also negatively impacted the Department’s ability to recruit new employees, as well as retain quality employees, due to competition from surrounding public and private employers.

After discussions with Human Resources, an internal relationship analysis was developed to identify what classifications could easily be surveyed in the market, and which classifications needed to be set internally for compensation. It was determined that the salary data from the three closest cities to San Ramon: Pleasanton, Dublin, and Danville, would be used to help develop the framework of the Internal Relationship Analysis. This decision was made because these cities have similar structures and are where the city loses the greatest number of employees to. The result of the 3-city survey was used to establish the salary ranges for the classifications identified as benchmarks.

In the internal relationship for staff, flexibly staffed classification benchmarks are set using the journey-level classification, and the entry-level classifications are set 10% below. However, due to the salary range for some of the temporary classifications being driven by changes in the minimum wage, staff used the entry-level (I level) of the Recreation Leader, Lifeguard, and Cashier series as the benchmark. As such, journey-level classifications in these series were set 10% above the entry-level (I level).

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Example #1 - Entry Level Benchmark position:
• Recreation Leader I (benchmark position) $16.50
• Recreation Leader II (+10% Recreation Leader I) $18.15 Example #2 - Journey Level Benchmark position:
• Building Attendant II (benchmark position) $20.50
• Building Attendant I (-10% Building Attendant II) $18.45 Due to the additional required certification and training for lifeguards the Lifeguard I hourly rate is set fifty cents higher then minimum wage, in addition since the Pool Manager series includes Pool Manager, Assistant Pool Manager and Senior Lifeguard positions and the Pool Manger is the bench mark position the senior lifeguard position has been set at 15% below the pool manager to avoid compaction in the range and remain competitive with surrounding agencies.

On December 10, 2019, the City Council adopted Resolution 2019-114, authorizing the implementation of the Internal Relationship Analysis and revisions to the part-time temporary employee salary ranges within the Parks & Community Services Department. The City Council has approved this same methodology each year since we started this practice in 2019.

Per California’s Labor Code section 1182.12(c), the California Department of Finance calculated the average U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers for the 12- month period from July 1, 2023, to June 30, 2024, as an increase by 3.18% compared to the 12- month period from July 1, 2022, to June 30, 2023. As a result, the state Department of Finance has determined that the state’s minimum wage shall increase by 3.18% to $16.50 per hour and shall be implemented for all employers on January 1, 2025.

Salary surveys were conducted with the local cities to ensure the benchmark positions fall within the ranges and the minimum wage was increased to $16.50/hour, as required by the state for 2025. When staff conducted the salary surveys, it was determined that the rates of the City’s parttime positions were within the range of the benchmark cities. Utilizing the approved Internal Relationship Analysis, staff is recommending increasing the benchmark positions for the parttime salary ranges for 2025 by fifty cents ($0.50) (Attachment A). This methodology complies with state law and avoids compaction in the ranges.

FISCAL ANALYSIS
By law and at a minimum, the City must increase the wages of those currently employed whose pay rates fall below the new minimum wage of $16.50 per hour. The estimated incremental cost to the City for the remainder of the fiscal year to increase staff that are currently paid $16.00 to $16.50 per hour is approximately $1,329.00. Increasing only those who have dropped below minimum wage will cause compaction within the ranges. If all ranges are increased incrementally to avoid compaction, the additional cost to the City for the remainder of the fiscal year would be $21,105. Staff anticipated an increase in minimum wage when developing the FY2024/25 budget, and the additional cost can be absorbed in the existing Parks and Community Services Department budget.

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STEPS FOLLOWING APPROVAL
Staff will work with Human Resources to ensure all temporary employees are paid the updated minimum wage effective January 1, 2025, and implement the new part-time staff salary ranges during the recruitment process.

ATTACHMENT
A: 2025 Internal Relationship Analysis

5.8 Packet Pg. 341
RESOLUTION NO. 2024-115

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

AUTHORIZING THE REVISIONS TO THE PART-TIME TEMPORARY EMPLOYEE

SALARY RANGES WITHIN THE PARKS & COMMUNITY SERVICES

DEPARTMENT
WHEREAS, the City Council has determined that it is necessary to adjust the temporary part-time employee salary ranges; and
WHEREAS, on December 10, 2019, the City Council adopted Resolution No. 2019-114, approving the internal relationship analysis for the Parks & Community Services part-time temporary employee salary ranges; and
WHEREAS, the City Council does hereby adopt the proposed revised part-time temporary employee salary ranges as follows, effective January 1, 2025.

Job Classification Min Pay
Rate
Max Pay
Rate
Recreation Leader I $16.50 $19.80
Recreation Leader II $18.15 $21.78
Assistant Activity Manager $19.35 $23.22
Activity Manager $21.50 $25.80
Nutrition Program Assistant $19.35 $23.22
Building Attendant I $18.45 $22.14
Building Attendant II $20.50 $24.60
Cashier $16.50 $19.80
Office Assistant $20.50 $24.60
Lifeguard I $17.00 $20.40
Lifeguard II $18.70 $22.44
Swim Instructor $18.70 $22.44
Senior Lifeguard $19.13 $22.95
Assistant Pool Manager $20.25 $24.30
Pool Manager $22.50 $27.00
Program Specialist $24.00 $28.80
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize and direct the staff to implement the revised part-time temporary employee salary ranges, within the Parks & Community Services Department (PCS), effective January 1, 2025.

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PASSED, APPROVED, AND ADOPTED at the meeting of December 10, 2024 by the following votes:

AYES:

NOES:

ABSENT:

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

5.8 Packet Pg. 343
Proposed January 2025
Job Classification Min Pay Rate Max Pay Rate Internal Relationship %
Increase
from
2024
Recreation Leader I 16.50 $ 19.80 $ Benchmark 3.03%
Recreation Leader II 18.15 $ 21.78 $ +10% Recreation Leader I 3.03% Asst Activity Manager 19.35 $ 23.22 $ -10% Activity Manager 2.33% Activity Manager 21.50 $ 25.80 $ Benchmark 2.33%
Nutrition Program Asst 19.35 $ 23.22 $ Equal to Asst Activity Manager 2.33% Building Attendant I 18.45 $ 22.14 $ -10% Building Attendant II 2.44% Building Attendant II 20.50 $ 24.60 $ Benchmark 2.44%
Office Assistant 20.50 $ 24.60 $ Equal to Building Attendant II 2.44% Cashier 16.50 $ 19.80 $ Benchmark 3.03%
Lifeguard I 17.00 $ 20.40 $ Benchmark 2.94%
Lifeguard II 18.70 $ 22.44 $ +10% Lifeguard I 2.94%
Swim Instructor 18.70 $ 22.44 $ Equal to Lifeguard II 2.94% Senior Lifeguard 19.13 $ 22.95 $ -15% Pool Manager 2.22% Asst Pool Manager 20.25 $ 24.30 $ -10% Pool Manager 2.22% Pool Manager 22.50 $ 27.00 $ Benchmark 2.22%
Program Specialist 24.00 $ 28.80 $ Benchmark 2.08%

5.8.a
Packet Pg. 344 Attachment: A: 2025 Internal Relationship Analysis (2024-115 : Authorizing the Revisions to the Part-Time Temporary Employee Salary Ranges

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Chris Weeks, Transportation Division Manager
SUBJECT: RESOLUTION NO. 2024-116 - Authorizing the City Manager to Execute Cooperative Agreement No. 25CC02 Between the Contra Costa Transportation Authority and the City of San Ramon to Receive Transportation Fund for Clean Air Program (TFCA) Funds to Implement the City of San Ramon and Southwest Area Transportation (SWAT) Regional Vanpool Program

EXECUTIVE SUMMARY
The City of San Ramon, on behalf of the other public agencies in the Southwest Area Transportation (SWAT) Region (Danville, Lafayette, Moraga, Orinda, and unincorporated Contra Costa County), administers the SWAT Transportation Demand Management (TDM) Programs.

At the regional level, through the Regional Transportation Planning Committees (RTPCs), the three regional TDM Program Managers are responsible for administering Countywide Programs, as well as local projects and programs. The Programs are a Countywide effort to reduce traffic congestion and air quality.

The SWAT TDM Program is structured so that the City of San Ramon’s Transportation staff provides all TDM Program services for SWAT with 100% reimbursement for Incentive Programs and partial reimbursement for administrative staff time. The funding is derived from both Transportation Fund for Clean Air (TFCA) and Measure J Program 17 Funds. These Programs combined provide SWAT with funding for a comprehensive, cost-effective, and efficient TDM Program, known as 511 Contra Costa, which benefits employers, municipalities, school sites, colleges, commuters and local communities.

In the past, a Cooperative Agreement was required every fiscal year between the City of San Ramon and Contra Costa Transportation Authority (CCTA) to implement the SWAT TDM Programs. The Agreement explained how both TFCA and Measure J Commute Alternative funds will be spent, how the City is reimbursed, and what are eligible expenditures.

This year, CCTA has executed a Master Cooperative Agreement covering the distribution of just Measure J funds (No. 43.00.120) and dispersal protocol not only for this year but for the duration of Measure J. Measure J is anticipated to run until 2035; however, the Agreement is not for specific dates but will remain in effect until all funds have been appropriated and spent.

This second Cooperative Agreement No. 25CC02 for SWAT TDM funding, is a six-month TFCA

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only funding agreement, covering January 2025 through July 2025, that will fund the Regional Vanpool Program component of SWAT’s TDM Program with $102,375.74 in grant funding.

RECOMMENDED ACTION
Staff recommends that the City Council approve this Resolution authorizing the City Manager to execute Cooperative Agreement No. 25CC02 between the Contra Costa Transportation Authority and the City of San Ramon to receive TFCA Funds to implement the City of San Ramon and Southwest Area Transportation’s (SWAT) Regional Vanpool Program component of Transportation Demand Management (TDM) Programs.

BACKGROUND
The San Ramon TDM Program was originally established in February 1989 when the City Council passed the Transportation Systems Management Ordinance. In 1992 the Bay Area Air Quality Management District (BAAQMD) adopted Regulation 13, Rule 1 - Employer Based Trip Reduction Program for large employers. In 1995 the State Legislature passed AB 434 (Lewis) eliminating mandatory Air Quality Employer-Based Trip Reduction Programs. The City’s Ordinance was amended in 1998 to reflect changes in the law eliminating mandatory EmployerBased Trip Reduction Programs to improve air quality. However, as a condition of receiving Return to Source funds through Measure C and today Measure J, the City is obligated to implement and promote TDM Programs. Today the San Ramon business community continues to participate in the City's Employer-Based Trip Reduction Program with over 500 employers registered for the Program.

The City of San Ramon, on behalf of the other public agencies in the SWAT region (Danville, Lafayette, Moraga, Orinda, and unincorporated Contra Costa County), administers the SWAT TDM Programs. The Program is structured so that the City of San Ramon’s Transportation staff provides all TDM Program services for SWAT with 100% reimbursement for Incentive Programs and staff time used on SWAT TDM Programs. The funding is derived from TFCA and Measure J Funds. These Programs provide SWAT with a comprehensive, cost-effective, and efficient TDM Program that benefits employers, municipalities, school sites, colleges, commuters and local communities.

At the regional level, through the Regional Transportation Planning Committees (RTPCs), which include SWAT (South County), WCCTAC (West County), and the two Advanced Mobility Group (AMG) Managed RTPCs TRANSPAC (Central County) and TRANSPLAN (East County), the three regional TDM Program Managers administer Countywide programs, as well as local projects and programs. This provides a coordinated approach to commute alternative planning throughout the County, while allowing for responsive project planning at the local level.

In 2004, the Metropolitan Transportation Commission (MTC), in concert with CCTA, delegated TDM employer outreach activities to Contra Costa County. In return, the Contra Costa TDM Programs incorporated the 511 logo and identity. Today, the Programs are known as “511 Contra Costa.” The 511 Contra Costa Program is a comprehensive TDM Program, which promotes alternatives to the single-occupant vehicle. These efforts, which include incentives for telework,

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carpool, vanpool, biking, transit, and walking, reduce traffic congestion and improve air quality by maximizing the use of the existing roadway system.

Reducing traffic congestion and improving air quality by reducing the work-related car trip is the primary goal of the 511 Contra Costa TDM Programs. The strategy is to utilize the technical assistance provided by 511 Contra Costa and to implement the Countywide Incentive Programs at employment sites. Technical assistance, Program development, and implementation services available to participating employers include the following:

1. Ensure compliance with the TDM Ordinance requirements of the Measure J Growth Management Program Compliance Checklist;

2. Implement TDM measures in the sub-regional Action Plans;

3. Fulfill the TDM priorities of each of the RTPCs, including Countywide and local TDM ordinances;

4. Implement cost-effective BAAQMD TFCA Programs to reduce Greenhouse Gas (GHG) emissions;

5. Support implementation of the TDM elements of the Sustainable Community Strategies of SB 375; and

6. Support SWAT employers with 50 or more employees to comply with the Bay Area Commuter Benefit Program (SB 1339), by offering commute incentives through the 511 Contra Costa Programs.

DISCUSSION
Approval of annual TFCA Agreements and Resolutions will continue to be an annual action required by the City Council. CCTA is the Program Manager for the BAAQMD TFCA Program in Contra Costa County. As the Contra Costa County Congestion Management Agency, CCTA is also responsible for the allocation of Measure J Funds to eligible jurisdictions. All cities/towns within Contra Costa County are required to adopt a Transportation Demand Management Ordinance as a condition of receiving Measure J Return to Source funds from the half-cent sales tax imposed by Measure J. Each city/town is required to develop and implement measures to reduce traffic congestion by promoting commute alternatives such as carpooling, vanpooling, public transit, biking, walking, and telecommuting, etc.

The Transportation Fund for Clean Air (TFCA) revenues are collected from a $4 surcharge fee on vehicles registered in the Bay Area, generating approximately $22 million each year, to fund cost-effective projects that reduce on-road motor vehicle emissions within the Air District’s jurisdiction. Sixty percent (60%) of TFCA funds are awarded by the Air District to eligible projects and programs through a program referred to as the TFCA Regional Fund. The remaining forty percent (40%) of these revenues are distributed to the designated TFCA 40 Percent Fund in each of the nine counties within the Air District’s jurisdiction for similar emissions reduction projects. This TFCA 40 Percent Fund Cooperative Agreement between the City of San Ramon and CCTA is to implement vanpooling throughout all four regions of the County to reduce air pollution from motor vehicles and/or relieve traffic congestion by using TFCA funds combined with Measure J Commute Alternative funds. The City will invoice CCTA bi-monthly, along with providing supporting documentation to reimburse the City for qualified Vanpool Program

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expenditures. In addition, the City is responsible for submitting quarterly, semi-annual, and annual reports for each TDM Program in the format and detail as required by CCTA. Measure J funding does not expire but TFCA funding does.

Six Month Agreement Duration
This TFCA 40 Percent Fund Cooperative Agreement is for six months of regional Vanpool Program support providing a grant award of $102,376. This grant is for six months because there are existing funds that were awarded as part of the last TFCA Agreement that cover vanpooling incentives for July 2024 through December 2024. There was only a need to apply for funding to span the remaining six months of the fiscal year until the next TFCA funding cycle.

SWAT TFCA Programs that are part of this Agreement:
• Countywide Vanpool Passenger and Driver Incentive Programs o Vanpool Passengers - receive 50% reimbursement of their Vanpool fare after riding in a Vanpool for three consecutive months.
o Vanpool Annual Bonus - provides Vanpool drivers with a $1,000 bonus if they maintain a new Vanpool for 12 consecutive months, with a minimum of six (6) new Vanpool passengers.
o Vanpool County Incentive - provides $200 per month towards the Vanpool lease payment of all vans that qualify.

FISCAL ANALYSIS
Approval of this Resolution will not result in any direct fiscal impact to the City of San Ramon.

TFCA 40 Percent Funds money will go to San Ramon for Vanpool Program personnel and incentives. A summary of Vanpool funding budgeted for the first six months of FY 2024/2025 is as follows:

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Six (6) Months* of Regional Vanpool Program -
TFCA
SW Emissions
Trip Reduction
(TFCA) - 5C
EXPENSES Programs & Projects 25CC02
Personnel $57,125.74
Total Personnel $57,125.74
Vanpool Program Expenses
Countywide Vanpool- Incentives $40,000.00
Other Support Programs
Survey Incentives $2,500.00
Commuter Fairs/Events $250.00
Total TDM Expenses and Incentives $42,750.00
Travel & Training
TDM Administrative (mileage & training) $1,000.00
Program-related (dues, memberships) $1,000.00
Total Travel/Training $2,000.00
Office Expenses & Supplies
Postage $500.00
Office Supplies $ -
Total Office Expenses & Supplies $500.00
Total Program Expenditures: $102,375.74
* This TFCA Grant is for 6 months, January - July 2025 due to only 6 months of needed funding to span until next TFCA funding round in July 2025.

STEPS FOLLOWING APPROVAL
Upon approval, staff will forward the signed Cooperative Agreement No. 25CC02 to the Contra Costa Transportation Authority.

ATTACHMENT
A: CCTA Cooperative Agreement No. 25CC02

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RESOLUTION NO. 2024-116

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

AUTHORIZING THE CITY MANAGER TO EXECUTE COOPERATIVE
AGREEMENT NO. 25CC02 BETWEEN THE CONTRA COSTA TRANSPORTATION

AUTHORITY AND THE CITY OF SAN RAMON TO RECEIVE TRANSPORTATION

FUND FOR CLEAN AIR PROGRAM (TFCA) FUNDS TO IMPLEMENT THE CITY OF

SAN RAMON AND SOUTHWEST AREA TRANSPORTATION (SWAT) REGIONAL

VANPOOL PROGRAM
WHEREAS, the City of San Ramon adopted a Transportation Demand Management (TDM) Ordinance in June 1998; and
WHEREAS, the City of San Ramon's TDM Ordinance goals are to reduce traffic congestion and improve air quality; and
WHEREAS, the City has a long-term commitment to provide TDM Programs to meet the needs of residents, businesses, and schools to improve the community’s quality of life; and WHEREAS, the City of San Ramon is required to adopt a TDM Ordinance as a condition of receiving Measure J Return to Source Funds from the half-cent sales tax imposed by Measure J and implement programs that reduce traffic congestion by promoting commute alternatives such as carpooling, vanpooling, transit, biking, walking, etc.; and WHEREAS, the City of San Ramon, in concert with the Southwest Area Transportation (SWAT) jurisdictions, work with the 511 Contra Costa TDM Program and the Contra Costa Transportation Authority to implement cost-effective TDM Programs and Projects for local communities, businesses, and school districts; and
WHEREAS, the Contra Costa Transportation Authority requires an annual Cooperative Agreement to disperse TFCA grant funds for each TFCA grant awarded to sponsors; and WHEREAS, the Resolution authorizes the City Manager to execute Cooperative Agreement No. 25CC02 between the Contra Costa Transportation Authority and the City of San Ramon; and
WHEREAS, the City of San Ramon is required to submit bi-monthly invoices for reimbursement, along with supporting documentation to the Contra Costa Transportation Authority; and
WHEREAS, the City of San Ramon is required to submit quarterly, semi-annual, and annual reports for the Vanpool Program in the format and detail as required by CCTA; and WHEREAS, any qualified expenditures approved under the Agreement shall be eligible for reimbursement from TFCA Funds when incurred on or after the execution of the Cooperative

5.9 Packet Pg. 350
Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Ramon does hereby approve this Resolution authorizing the City Manager to execute Cooperative Agreement No, 25CC02 between the Contra Costa Transportation Authority and the City of San Ramon to receive TFCA Funds to implement the City of San Ramon and SWAT Regional Vanpool Program.

PASSED, APPROVED AND ADOPTED at the meeting of December 10, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk

5.9 Packet Pg. 351

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FISCAL YEAR 2024-25
COOPERATIVE AGREEMENT NO. 25CC02

BETWEEN

THE CONTRA COSTA TRANSPORTATION AUTHORITY

AND SOUTHWEST AREA TRANSPORTATION COMMITTEE (SPONSOR)

THIS TRANSPORTATION FUND FOR CLEAN AIR PROGRAM (TFCA)
COOPERATIVE AGREEMENT NO. 25CC02 (AGREEMENT) is made and entered into as of this 19th day of September 2024, by and between the SOUTHWEST AREA TRANSPORTATION COMMITTEE (SPONSOR), and the CONTRA COSTA TRANSPORTATION AUTHORITY (AUTHORITY). SPONSOR and AUTHORITY are sometimes individually referred to as “Party” and collectively as “Parties” in this AGREEMENT.

RECITALS
A. SPONSOR desires to implement one or more projects as described and attached to this AGREEMENT as EXHIBIT A, to reduce air pollution from motor vehicles and/or relieve traffic congestion, hereinafter referred to as “PROJECT,” which is eligible for funding pursuant to:
 The Transportation Fund for Clean Air Program (TFCA), funded by the Bay Area Air Quality Management District (DISTRICT), pursuant to Health and Safety Code Section 44220 et seq.

B. AUTHORITY has been designated by resolution adopted by Contra Costa County and a majority of the incorporated cities within Contra Costa County having a majority of the population within the incorporated portion of Contra Costa County as Administrating Agency (formerly knowns as Program Manager) for TFCA projects within Contra Costa County. In accordance with Funding Agreement No. 25-CC (FUNDING AGREEMENT) between DISTRICT and AUTHORITY, AUTHORITY has agreed to act as Administering Agency for TFCA funds to be expended on projects within Contra Costa County. A copy of the FUNDING AGREEMENT between DISTRICT and AUTHORITY is attached to this AGREEMENT as EXHIBIT B and incorporated by this reference.

C. Pursuant to DISTRICT TFCA policy, previously unused funding by SPONSOR may be reassigned to this AGREEMENT pursuant to SECTION III, Paragraph 14 (TOTAL COST) of this AGREEMENT.

D. AUTHORITY approved the Transportation Fund for Clean Air 40% Fund Policy (POLICY). A copy of the POLICY is attached to this AGREEMENT as EXHIBIT C and incorporated by this reference.

ATTACHMENT A

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NOW, THEREFORE, in consideration of the foregoing, AUTHORITY and SPONSOR do hereby agree as follows:

SECTION I
SPONSOR AGREES:

1. Application of Funding.

For each PROJECT approved and funded by AUTHORITY, to apply a program grant received under this AGREEMENT to PROJECT in accordance with the terms and conditions specified in funding resolutions approved by AUTHORITY; and consistent with the information contained in the PROJECT Information Form, Cost-Effectiveness Worksheet and Budget in EXHIBIT A attached to this AGREEMENT and incorporated by this reference.

2. Invoices.

To provide invoices requesting reimbursement of eligible expenditures incurred in the form and detail as requested by AUTHORITY, along with supporting documentation as required by AUTHORITY. Invoices will be submitted monthly or bi-monthly at the discretion of SPONSOR.

3. Audit.

To maintain complete, accurate and clearly identifiable records with respect to all costs and expenses incurred under this AGREEMENT. To allow AUTHORITY, DISTRICT or any independent auditor selected by either of these parties to audit all expenditures relating to each PROJECT funded through this AGREEMENT. For the duration of each PROJECT, and for four (4) years following completion of PROJECT, or earlier discharge of this AGREEMENT, SPONSOR shall make available all records relating to expenses incurred in performance of this AGREEMENT.

4. Reporting.

To submit to AUTHORITY any quarterly, semi-annual and annual reports on each PROJECT in the format and detail as required by AUTHORITY and specified in the FUNDING AGREEMENT supporting PROJECT(s), as applicable.

5. Management.

To provide overall management of PROJECT(s) including responsibility for schedule, budget, and oversight of services performed by others and to be responsible for evaluation, selection, and management of consultants and contractors.

6. Copies.

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To maintain sufficient records demonstrating SPONSOR’s compliance with the terms of this AGREEMENT for a period of 5 years from the effective date of this AGREEMENT and to allow AUTHORITY and its duly authorized representatives, agents and consultants access such records and be audited. SPONSOR shall ensure that audit working papers are made available to AUTHORITY or its designee upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by AUTHORITY.

7. Signage.

If PROJECT involves construction or capital acquisition, to install a sign approved by AUTHORITY that identifies AUTHORITY and DISTRICT as a funding source, if applicable. If PROJECT involves the production of promotional materials, including but not limited to brochures, signage, displays, give-away items used in connection with promotional events, to include AUTHORITY’s logo and DISTRICT’s logo thereon in accordance with the FUNDING AGREEMENT.

8. Surplus Personal Property.

To the extent that surplus personal property has been purchased in whole or in part with TFCA funds, SPONSOR shall comply with the provisions of FUNDING AGREEMENT with respect to that pro rata portion of the surplus personal property.

9. TFCA Funding Requirements
SPONSOR shall comply with all relevant requirements of applicable law relating to the application and/or expenditure of those funds and to be bound by, and to include in any funding or other agreements, which it may enter into with recipients of TFCA funds, all relevant requirements of FUNDING AGREEMENT applicable to recipients of TFCA funds, including, without limitation, the requirements set forth in Section II, Paragraphs 7, 11, 12, 13, 15, 16, 17, 18, 19, 20 and 21 of FUNDING AGREEMENT.

10. Compliance with Local, State, and Federal Requirements If PROJECT requires SPONSOR to enter into a contract with a contractor and/or consultant, SPONSOR shall ensure that such contract complies with all applicable local, state and federal requirements, as applicable, and shall give all notices required by law. Additionally, any contractor and/or consultant is responsible for ensuring that subcontractors, at as many tiers of PROJECT as required, perform in accordance with the terms, conditions and specifications of such contract, including local, state and/or federal requirements. Upon request of AUTHORITY and/or SPONSOR, any contractor and/or consultant shall provide evidence of the steps it has taken to ensure its compliance with the local, state and/or federal requirements, as well as evidence of the subcontractor’s compliance, at all tiers.

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SECTION II
AUTHORITY AGREES:

1. Reimbursement
Consistent with the procedures specified in Section I, paragraph 2 above, to reimburse SPONSOR for eligible expenses incurred in conducting PROJECT up to the amounts stated in SECTION III, Paragraph 14 of this AGREEMENT.

2. Notice of Audit
To provide timely notice if an audit is to be conducted.

3. Compliance with Requirements Applicable to Administrating Agency To comply with the requirements of FUNDING AGREEMENT applicable to Administrating Agency.

SECTION III
IT IS MUTUALLY AGREED:

1. Term
The term of this Agreement is effective July 1, 2024, until either the PROJECT is completed or terminated in accordance with SECTION III (2) below, but no later than the TERMINATION DATE, without written approval as described below.

Qualified expenditures for PROJECT(S) approved under this AGREEMENT shall be eligible for reimbursement from TFCA funds when incurred on or after July 1, 2024.

TFCA funding expires March 1, 2028, hereinafter referred to as TERMINATION DATE. TERMINATION DATE may be extended only as provided for in FUNDING AGREEMENT and confirmed in writing by AUTHORITY. Any appropriated but unexpended funds related to this AGREEMENT as of TERMINATION DATE shall revert to AUTHORITY and shall be available for other TFCA-eligible projects or shall be refunded to DISTRICT by AUTHORITY in accordance with FUNDING AGREEMENT. To the extent there are insufficient funds available to reimburse SPONSOR for the full amount of TFCA funds appropriated herein, a pro rata portion of available TFCA funds shall be distributed to SPONSOR.

Funds are expected to be expended by the TERMINATION DATE applicable to the expenditure of TFCA funds, as provided above.

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This AGREEMENT will remain in effect until discharged or otherwise terminated as provided above or in SECTION III (2) below, except for the provisions relating to indemnity (SECTION III, 3), which shall survive termination of this AGREEMENT.

2. Discharge
This AGREEMENT shall be subject to discharge as follows:
a. This AGREEMENT may be canceled by a Party for breach of any obligation, covenant, or condition hereof by the other Party, upon written notice to the breaching Party. With respect to any breach that is reasonably capable of being cured, the breaching Party shall have thirty (30) days from the date of the notice to initiate steps to cure. If the breaching Party diligently pursues cure, such Party shall be allowed a reasonable time to cure, not-to-exceed sixty (60) days from the date of the initial notice, unless a further extension is granted by the non-breaching Party. b. By mutual consent of both parties, this AGREEMENT may be terminated in writing at any time.

3. Indemnity
It is understood and agreed that neither AUTHORITY, nor any officer, employee, agent or contractor thereof, shall be responsible for, and SPONSOR shall indemnify and hold AUTHORITY and its officers, employees, agents and contractors harmless from, any damage or liability occurring by reason of anything done or omitted to be done by SPONSOR, its officers, employees, consultants or contractors, under or in connection with the services, authority or jurisdiction of SPONSOR or delegated to SPONSOR under this AGREEMENT. Without limiting the generality of the foregoing, it is further specifically understood and agreed that, pursuant to California Government Code Section 895.4, SPONSOR shall fully indemnify and hold AUTHORITY and its officers, employees, agents and contractors harmless from any liability or damages imposed for injury as defined by California Government Code Section 810.8 occurring by reason of anything done or omitted to be done by SPONSOR, its officers, employees, agents or contractors under this AGREEMENT or in connection with any services, authority or jurisdiction of SPONSOR or delegated to SPONSOR under this AGREEMENT.

In addition, SPONSOR shall indemnify and hold harmless DISTRICT, its employees, agents, representatives, and successors-in-interest against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of its performance of a project or operation or use of the equipment that is subject to FUNDING AGREEMENT.

5. Notices

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Any notice which may be required under this AGREEMENT shall be in writing, effective when received, and given by personal service, certified or registered mail (return receipt requested), or courier service to the addresses set forth below, or to such addresses which may be specified in writing by the Parties hereto.

Notices to SPONSOR: Notices to AUTHORITY:

Chris Weeks
Division Manager
City of San Ramon
7000 Bollinger Canyon Road
San Ramon, CA 94583
[email protected]
Brian Kelleher
Chief Financial Officer
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
[email protected]

By executing this AGREEMENT, each of the Parties acknowledges and agrees that the persons identified above, or any other person designated by either Party to this AGREEMENT by notice to the other Party, is authorized to execute documents and to bind Party with respect to this AGREEMENT.

6. Additional Acts and Documents
Each Party agrees to do all such things, take all such actions and to make, execute, and deliver such other documents and instruments as shall be reasonably requested to carry out the provisions, intent, and purpose of this AGREEMENT.

7. Counterparts
This AGREEMENT may be signed in counterparts, each of which shall constitute an original.

8. Amendment
SPONSOR may, at any time, request an amendment to the work scope and budget of any PROJECT funded under this AGREEMENT with TFCA funds by submitting a revised Sponsor Worksheet/Budget (EXHIBIT A), indicating the proposed amendment in redline/strikeout format, together with a signed transmittal letter indicating the reason for the proposed change and a revised cost effectiveness worksheet, if necessary, as determined by AUTHORITY. Submittal of these documents shall be construed as SPONSOR’s consent to amend this AGREEMENT as specified. AUTHORITY will convey SPONSOR’s request, along with supporting documents to DISTRICT for approval, if required. Upon approval by DISTRICT, this AGREEMENT will be considered amended per SPONSOR’s request.

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This AGREEMENT may otherwise be amended by written amendment executed by Parties and shall not be changed, modified, or rescinded except as provided herein. Any attempt at oral modification of this AGREEMENT shall be void and of no effect.

9. Independent Agency
SPONSOR renders its services under this AGREEMENT as an independent agency.

None of SPONSOR's agents or employees shall be agents or employees of AUTHORITY.

10. Assignment
This AGREEMENT may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other Party.

11. Binding on Successors
This AGREEMENT shall be binding upon the successor(s), assignee(s), or transferee(s) of AUTHORITY or SPONSOR(s) as the case may be. This provision shall not be construed as an authorization to assign, transfer, hypothecate, or pledge this AGREEMENT other than as provided above.

12. Severability
Should any part of this AGREEMENT be determined to be unenforceable, invalid, or beyond the authority of either Party to enter into or carry out, such determination shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and effect, provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the Parties.

13. Limitation
All obligations of AUTHORITY hereunder with respect to TFCA funds are expressly subject to and limited by the terms of FUNDING AGREEMENT and applicable provisions of State and Federal law, including, but not limited to, provisions related to AUTHORITY'S designation as Program Manager. In the event that AUTHORITY loses its designation as Program Manager or otherwise becomes ineligible to receive TFCA funds or if for any reason, such TFCA funds are no longer available to it, AUTHORITY's obligations hereunder shall be terminated without further obligation or liability to SPONSOR.

14. Total Cost
The total cost of this AGREEMENT shall not exceed $102,376 from Resolution 24- 37-G approved September 18, 2024.

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15. Attorney’s Fees
If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this AGREEMENT, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney’s fees and all other costs of such action.

16. Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.

17. Integration
This AGREEMENT represents the entire AGREEMENT of the Parties with respect to the subject matter hereof. No representations, warranties, inducements, or oral agreements have been made by any of the Parties except as expressly set forth herein or in other contemporaneous written agreements.

IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT as of the date below written.

CONTRA COSTA TRANSPORTATION

AUTHORITY

SOUTHWEST AREA TRANSPORTATION

COMMITTEE
By: By:

Timothy Haile
Executive Director
Steven Spedowfski
City Manager
By: ____________________________________________________ Brian Bornstein
Director of Public Works
ATTEST: ATTEST:

By: By:

Tarienne Grover Christina Franco
Clerk of the Board City Clerk

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APPROVED as to legal form: APPROVED as to legal form:

By: By:

Fennemore Wendel
Authority Counsel
Martin Lyons
City Attorney

5.9.a
Packet Pg. 360 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

EXHIBIT A
Sponsor Work Program
(Project Information Form, Cost-Effectiveness Calculation and Project Budget)

5.9.a
Packet Pg. 361 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) 1 TFCA 40% Fund, FYE 2025: Project Information Form
Revised 4/2/24
A. Project Number: 2 5 C C 0 2
reserved for 40% TFCA funds allocated for
B. Project Sponsor: South West Area Transportation (SWAT) C. Project Title: Countywide Vanpool Programs
D. Project Category (project will be evaluated under this category): Ridesharing Projects Refer to - Guidance
Project Type Code: 5e Ridesharing – Vanpools Refer
- Guidance
E. Project Coverage Type
X Countywide OR
Subregional (Choose all that apply)
West County
Central County
East County
Southwest County

F. Project Budget
-
TFCA 40% Funds Allocated: $102,376
TFCA Regional Funds Awarded (if applicable): $
Total TFCA Funds Allocated (sum of 40% and Regional Funds): $ Other / Matching Funds: $ Source:

5.9.a
Packet Pg. 362 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) 2 Total Project Cost: $1
Performance Period:

Project Schedule (required for infrastructure projects):
•Assist and coordinate vanpool ridematching workshops for worksites to encourage vanpooling instead of driving alone.
•
• Vanpool Passengers – receive 50% reimbursement of their Vanpool fare after riding in a Vanpool for three consecutive months.
• Vanpool On the Road Bonus – provide Vanpools with a $1,000 bonus if they maintain a new Vanpool for 12 consecutive months, with a minimum of six (6) new Vanpool passengers.
o NEW - Program expanded to be continuous and provide a $1000 every year vanpool is on the road with a minimum of 6 passengers.
• Vanpool Driver Rides Free – provides an additional incentive to the drivers to start a new Vanpool. The incentive provides up to $200 a month towards the Vanpool lease payment for the first year. Project Sponsor will use TFCA funds to • Update, Automate & Redesign the Countywide Vanpool Program and Website – Work with the 511 Contra Costa website consultant to do more targeted marketing promotions within the most congested areas throughout the County using social media. Combine older vanpool databases to create a more streamline Countywide database for maintaining required records. The goal is to reduce the amount of paperwork received and processed for this Program and provide an easy online system for users as well as better and more powerful reporting tool for staff.
proposed project.

Not required

5.9.a
Packet Pg. 363 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) 3 M. Comments (if any):

N.
–

5.9.a
Packet Pg. 364 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

4 O. If a
explain how the number of vehicle trips
*Source April 2024 Monthly Ridership (MR) MR20 - National Transit Data (NTD) Reporting - Vanpooling Report Provided by MTC for FTA to utilize.

Existing
Vans Per
RTPC Origin Destination Total
4 13 17
0 0
8 8
27 27
14 1 15
53 14
67 Average Ridership Per Van
Month 2024 04

Average Passengers Per Van

Passengers Travelled
VOMS (All vans in
Bay Area)
Passengers
Per Van
Average
Ridership 538 5.78067

5.9.a
Packet Pg. 365 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

5 PMT = Passenger Miles Traveled Monthly
If an
New vehicle or replacement project?
If a
with all the following requirements:

Service schedule coordinates with the mass transit’s schedule.

Service is available for use by all members of the public.

Service is at least 70% unique and operates where no other service was provided within the past three years.

If a
requirements:
criteria pollutants.

Service is available for use by all members of the public. third year.
right of refusal and determined that the proposed project

5.9.a
Packet Pg. 366 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

6 Service is at least 70% unique and operates where no other service was provided within the past three years.

If a
What plan is the project referenced in?
Will the project be publicly accessible and available for use by all members of the public? If a
What plan is the project referenced in?
Will the project be publicly accessible and available for use by all members of the public? California Highway Design Manual or conform to the provisions of the Protected Bikeway Act of 2014?
Has the project completed all applicable environmental reviews and either have been If a
requirements:

Project completed and approved an environmental plan and a suitability study Project has shared membership and/or is interoperable with the Bay Area Bike Share (BABS) project when they are placed into service. Please select the choice that best describes the project:

Interoperable with BABS
Exempt from requirement for the following reason(s):
i. Projects that do not require membership or any fees for use; ii.

Projects that were provided funding under MTC’s Bike Share Capital current BABS operator to have shared membership or be interoperable with If an
What plan is the project referenced in?
Air District
plan
Has the project completed all applicable environmental reviews and either have been

5.9.a
Packet Pg. 367 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

7 If an
following requirements:
codes and standards and as approved by the local/state authority. maintenance costs.

Please clarify the infrastructure project’s primary purpose (select all that apply):
available for public use
other (please specify):

Y.
received their agency’s authority to apply for funding.

Chris Weeks
I
(Signature) Date 07/30/24
Project Sponsor

5.9.a
Packet Pg. 368 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) RIDESHARING, BICYCLE, SHUTTLE, AND SMART GROWTH PROJECTS Cost Effectiveness Inputs FYE 2025 TFCA 40% Fund Worksheet 25CC02 2025
Version 2025, Updated 1/9/24
Countywide Vanpool
Program 1
2026
192,926
Calculations Tab: Complete areas shaded in yellow only. 102,376

SAMPLE ENTRIES ARE SHOWN IN LIGHT BLUE NA
$102,376
Emission Reduction Calculations
Step 1 - Emissions for Eliminated Trips

A B C D E F G H I
# Trips/Day (1-way) Days/Yr Trip Length (1-
way) VMT
ROG
Emissions
(gr/yr)
NOx Emissions
(gr/yr)
Exhaust &Trip End PM10
Emissions (gr/yr) *
Other PM10
Emissions
(gr/yr) *
CO2 Emissions
(gr/yr)
100 240 16 304294 25,764 17,520 568 74,781 77,874,237
775 120 57 5,297,717 375,766 286,170 8,470 1,301,927 1,338,314,445 0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
Total 5,297,717 375,766 286,170 8,470 1,301,927 1,338,314,445 Step 2 - Emissions for New Trips to Access Transit/Ridesharing 50 240 3 304294 23,076 16,824 515 74,781 77,229,197
387.3 120 3.0 139,414 19,750 10,084 414 34,261 37,585,312 0 0 0 0 0 0
Total 139,414 19,750 10,084 414 34,261 37,585,312

A B C D E F G H I J K L M N

0.1 # Vehicles, Model Year Emission Std. Vehicle GVW ROG Factor (gr/mi)
NOx Factor
(g/mi)
Exhaust PM10
Factor (g/mi)
Total PM10 Factor
(g/mi)
CO2 Factor
(g/mi) (See CO2
Table for LD
and LHD)
Total Annual VMT
(sum all vehicles)
ROG Emissions
(gr/yr)
NOx Emissions
(gr/yr)
Exhaust PM10
Emissions (gr/yr) Other PM10 Emissions (gr/yr) CO2 Emissions (gr/yr) 2, 2005 LEV 10,001-14,000 0.23 0.40 0.12 0.32 860 8000 1,840 3,200 960 1,600 6,880,000 67, 2021 LEV 10,001-14,000 0.361 0.108 0.002 0.0005438 60.49 70908 25,598 7,658 142 -103 4,289,225 0 0 0 0 0
Total 70,908 25,598 7,658 142 -103 4,289,225

A B C D E F G H I J K L M N O P Q
Vehicle Ref # Engine Year,
Make, & Model
Odometer
reading
ROG Factor
(gr/mi)
ROG DR
(g/10k miles)
NOx Factor
(g/mi) Nox DR (g/10k miles Exhaust PM10 Factor (g/mi)
Exhaust PM DR
(g/10k miles)
Other PM10 Factor
(g/mi)
CO2 Factor
(g/mi)
Total Annual VMT
(sum all vehicles) ROG Emissions (gr/yr) NOx Emissions (gr/yr) Exhaust PM10
Emissions (gr/yr)
Other PM10
Emissions (gr/yr)
CO2
Emissions
(gr/yr)

0.00 0 0 0 0

0.00 0 0 0 0
Total 0 0 0 0 0 0
Cost Effectiveness Results Annual Lifetime
5,087,395.20 5,087,395.20 Miles
46,471.20 46,471.20 Trips

0.3642 0.364 Tons

0.2959 0.296 Tons

1.4062 1.406 Tons

1.5719 1.572 Tons
1,429.0563 1,429.056 Tons

2.0663 2.066 Tons
49,546.08 /Ton
$45,867 /Ton
Total Cost for route:
40% Proj.#: Project Operational Start Year:

Route Name: # Years Effectiveness:

Project Operational End Year:

5. PM Emissions Reduced
Total Cost for route 40%:

Total Cost for route 60%:

Total TFCA Cost for route:

Step 3A - Emissions for Shuttle/Vanpool Vehicles up to GVW of 14,000 lbs.

See Emission Factors Tab
Step 3B - Emissions for Buses
See Emission Factors Tab

1. VMT Reduced

2. Trips Reduced

3. ROG Emissions Reduced

4. NOx Emissions Reduced

6. PM Weighted Emissions Reduced

7. CO2 Emissions Reduced

8. Emission Reductions (ROG, NOx & PM)

9. TFCA Project Cost - Cost Effectiveness (ROG, Nox & PM)

10. TFCA Project Cost - Cost Effectiveness (ROG, NOx & Weighted PM). THIS VALUE MUST MEET POLICY REQUIREMENTS.

5.9.a
Packet Pg. 369 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

EXHIBIT B
Funding Agreement 25-CC
between
The Bay Area Air Quality Management District
and
Contra Costa Transportation Authority

5.9.a
Packet Pg. 370 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

FUNDING AGREEMENT

BETWEEN

THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND

CONTRA COSTA TRANSPORTATION AUTHORITY
25-CC
This Funding Agreement (Agreement) is entered into between the Contra Costa Transportation Authority (Administering Agency), and the Bay Area Air Quality Management District (Air District). The Administering Agency and the Air District will each be referred to as a Party, and as the Parties collectively. This Agreement includes Attachment A, which specifies the funding allocated under this Agreement, and Attachment B, which pertains to insurance requirements.

SECTION I
RECITALS:
1) The Air District is authorized under California Health and Safety (Health & Safety) Code Sections 44223 and 44225 to levy a fee on motor vehicles registered within its jurisdiction (Motor Vehicle Fees), a portion of which the Air District receives and dedicates to its Transportation Fund for Clean Air (TFCA) program.
2) TFCA program monies may be allocated for projects to reduce air pollution from motor vehicles and to implement transportation control measures included in the plan adopted pursuant to Health and Safety Code Sections 40233, 40717, and 40919. 3) In accordance with Health and Safety Code Section 44241(d), the Air District allocates not less than forty (40) percent of the TFCA monies received to implement the Transportation Fund for Clean Air 40% Fund (also referred to as the County Program Manager program) (Program).
4) The Air District has been notified, in a communication dated September 16, 1992, that the Administering Agency is the duly authorized recipient of the proportionate share of Program monies for Contra Costa County, and has been so designated by resolution(s) adopted by the Contra Costa County Board of Supervisors and by the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county. The terms Administering
Agency are set forth in the resolution(s).
5) On November 1, 2023, the Air District Board of Directors (Board of Directors) approved the TFCA 40% Fund Policies for Fiscal Year Ending 2025 (Policies). The Policies set forth requirements, including eligibility and cost-effectiveness requirements, for projects funded by TFCA funds in fiscal year ending (FYE) 2025. The Policies are incorporated as Appendix Transportation Fund for Clean Air 40% Fund Expenditure Plan Guidance for Fiscal Year Ending 2025 (Guidance) and are incorporated herein and made a part hereof by this reference as if fully set forth herein. 6) On or about March 1, 2024, the Administering Agency submitted an Expenditure Plan Application to the Air District for its Contra Costa County TFCA Program, which specified

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interest income earned by the Administering Agency and TFCA funds from previously funded TFCA projects available for reprogramming to other eligible TFCA projects. 7) On May 1, 2024 the Board of Directors approved an estimated new allocation of FYE 2025 TFCA Program monies of $1,555,700 for Contra Costa County (New FYE 2025 TFCA proportionate share of the California
Department of Motor Vehicle (DMV) vehicle registration fees paid. On this same date, the Board of Directors approved an estimated total funding level for FYE 2025 of $1,841,290 for Contra Costa County (TFCA Funds), which is to be administered by the Administering Agency and will be covered by this Agreement. The TFCA Funds include: the New FYE 2025 TFCA Allocation, any reprogramming of TFCA monies remaining from projects from prior fiscal years, and any interest earned in the prior year. 8) The Air District and the Administering Agency, pursuant to Health and Safety Code Section 44241, hereby enter into this Agreement to: (a) implement the Program within Contra Costa County; (b) select and fund projects that improve air quality in the San Francisco Bay Area Air Basin and comply with the Policies; and (c) oversee such funded projects to assure that they meet, and are implemented in accordance with, the Policies and the terms of this Agreement. This Agreement covers the funding allocation set forth in Paragraph 7 above.

SECTION II
ADMINISTERING AGENCY AGREES:
1) To implement the FYE 2025 Program within Contra Costa County in accordance with this Agreement and the Policies.
2) To select and fund projects that improve air quality in the San Francisco Bay Area Air Basin and that comply with the Policies and the terms of this Agreement (Program Projects).

Recipients of TFCA Funds may include the Administering Agency, which undertakes its own County projects, and other entities (Sub-awardees). The Administering Agency will designate the Program Projects as FYE 2025 Program Projects for administrative purposes. 3) Except in the case where the Administering Agency is the Sub-awardee, the Administering Agency must enter into a binding agreement with each Sub-awardee that sets forth the maximum amount of TFCA Funds awarded for each Program Project, and requires each Subawardee to comply with both the terms of this Agreement and the Policies and to implement the Program Projects as approved by the Administering Agency. The Administering Agency must maintain copies of the written agreements with Sub-awardees, including any amendments to carry out the Program Projects. 4) To encumber and expend all TFCA Funds within two (2) years of receipt of the first payment of the TFCA funds (Expenditure Deadline) unless one of the following applies:
a) Multi-Year Funded Project: Administering Agency requests multi-year funding in compliance with the Guidance; and Air District approves the request for multi-year funding. b) Extensions of Expenditure Deadline:

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i. Action by Administering Agency: If consistent with the Policies and Guidance, the Administering Agency may extend the Expenditure Deadline for up to an additional two (2) years, but no later than December 31, 2028, by one of the following methods:

1. A particular Program Project application for funds states that the project will take a longer period of time to implement and an extension is approved in writing by the Administering Agency; or

2. The Administering Agency finds, based on the Subthat despite significant progress on the particular Program Project, the Subawardee requires additional time to implement the Program Project and the Administering Agency approves the extension of time in writing. ii. Action by Air District: If consistent with the Policies and Guidance, the Air District may grant a further extension for a particular Program Project under the following circumstance:

1. The Administering Agency finds, based on the Subthat despite significant progress on the particular Program Project, the Subawardee requires additional time to implement the Program Project (beyond the two years that the Administering Agency has already granted); the Administering Agency submits an extension request to the Air District no later than sixty (60) days prior to the end of the Expenditure Deadline; and the Air District approves the request in writing.
5) To return to the Air District any TFCA Funds and associated interest unexpended as per Section II, Paragraph 4.
6) To maintain, at all times during the term of this Agreement, a separate account or sub-ledger for all TFCA Funds and to withdraw funds from this separate account only for the reimbursement of costs to implement Program Projects. Failure to comply with this paragraph will constitute grounds for termination pursuant to Section IV, Paragraph 2 below. 7) To maintain, or cause to be maintained, adequate records to document and demonstrate to Air District staff and auditors the receipt, interest accrual, and expenditures of Air District funds to implement the Program.
8) To track and report to the Air District all interest accrued from TFCA Funds. a) The Administering Agency may not use interest from TFCA Funds for administrative purposes.
b) The distribution of any interest funds will be at the discretion of the Administering Agency, after consultation with the Air District and must be in accordance with the Policies and applicable State law.
9) To track and report to the Air District any TFCA Funds and associated interest unencumbered at the time of completion or termination of a Program Project. The distribution of any such funds and associated interest will be at the discretion of the Administering Agency, after consultation with the Air District.

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10) To limit administrative costs to conduct the Program to no more than six and one quarter percent (6.25%) of the New FYE 2025 TFCA Allocation received by the Administering Agency.
11) To allow, and to require the Subrepresentatives, and its independent auditors, during the term of this Agreement and for five (5 Years of Effectiveness, to conduct performance and
Projects. During audits, the Administering Agency will make available to the Air District in a timely manner all records relating to the Admini implementation of the Program and of Subinspections, the Administering Agency will provide, at the request of the Air District, access to inspect a Sub12) To keep, and to require Sub-awardees to keep, all financial and Program Project implementation records necessary to demonstrate compliance with this Agreement and the Program. Such records include the reports required by Section II, Paragraphs 8 and 15 and those records required to demonstrate compliance with the terms of this Agreement, including those records specifically listed in Section II, Paragraphs 3, 6, 7, 8, 9, 10, 11, 13, 15, 16, and 20. Such records shall include documentation that demonstrates significant progress made for those Program Projects seeking extensions to the completion date. The Administering Agency must keep such documents in a central location, and require its Subawardee to keep such records at a central Sub-awardee location, for a period of five (5) years

13) To maintain, and to require that each Sub-awardee maintain, employee time sheets documenting those hourly labor costs incurred in the implementation of this Agreement, including both administrative and Program Project implementation costs, or to establish an alternative method to document staff costs charged to the funded project. 14) To distribute TFCA Funds allocated to a Sub-awardee only as reimbursement for documented Program Project costs that are eligible and approvable under the Policies. 15) To prepare and submit reports to the Air District as follows:
a) Semi-annual Funding Status Report: Beginning May 31, 2025, the Administering Agency must submit a report by May 31 and October 31 of each year until all Program Projects are completed that specifies a) the Program Projects that have been cancelled, completed, and completed at a cost less than the allocation during the previous six-month period and if completed at a lesser cost, the amount of associated unexpended funds; and b) the Program Projects for which the Administering Agency has extended any deadlines and, for those projects, the revised completion date and documentation of the Administe certification that, pursuant to Health and Safety Code Section 44242(d), the Sub-awardee had made significant progress. b) Final Reports: Beginning May 31, 2025, the Administering Agency must submit by each May 31 and October 31, until all Program Projects are completed, a Final Report for each completed Program Project, which itemizes (a) the expenditure of the TFCA Funds, and

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(b) the results of the monitoring of the performance of each Program Project on Air District-approved report forms.
c) Interim Project Reports: Beginning October 31, 2025, the Administering Agency must submit by each October 31 an Interim Project Report for each Program Project that has not been completed and which itemizes (a) the expenditure of the TFCA Funds, and (b) -approved report
forms.
d) If the due date for a report specified above falls on a weekend or on a State holiday, then that report is due on the following business day.
16) To acknowledge, and to require all Sub-awardees to acknowledge, the Air District as a , if
applicable, as specified below:
a) The logo must be used on signs posted at the site of any Program Project construction. b) The logo must be displayed on any vehicles or equipment operated or obtained as part of a Program Project.
c) The logo must be used on any public information material relating to a Program Project, such as websites and printed materials, including transit schedules, brochures, handbooks, maps and other promotional materials.
d) The Administering Agency must retain documentation, such as photographs of vehicles and copies of press releases, demonstrating that Air District logos are used and displayed as required.
17) To assure that all TFCA Funds received under this Agreement are expended only in accordance with all applicable provisions of law for projects that are implemented directly by the Administering Agency, and to require Sub-awardees to expend the funds only in accordance with all applicable provisions of law.
18) To return, and to require that Sub-awardees promptly return, to the Administering Agency all TFCA Funds that are not expended in accordance with applicable provisions of law. 19) To return funds to the Air District, and require that Sub-awardees return their funds to the Administering Agency if a project is not maintained and/or operated throughout and until the the default value stated in Appendix H of the Guidance for the applicable project type, unless a different value was approved and shown to yield a Project meeting the cost-effectiveness requirement in the Policies by the Administering Agency. The amount of funds returned to the Administering Agency will be calculated on a prorated basis. Any such funds returned to the Administering Agency must be reallocated to eligible TFCA Program Projects. 20) To obtain and maintain, and to require that each Sub-awardee obtain and maintain, therein, including the provision of documentation of said insurance coverage. Failure to obtain and maintain the insurance coverage and to comply with all insurance requirements is a breach of this Agreement.

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21) To the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), to make available to the public and to require that Sub-awardees make available to the public any software, written documents, or other products developed with TFCA Funds. 22) To ensure that work products provided by the Administering Agency under this Agreement comply with Web Content Accessibility Guidelines 2.0, levels A and AA, and otherwise meet the accessibility requirements set forth in California Government Code Sections 7405 and 11135, Section 202 of the federal Americans with Disabilities Act (42 U.S.C. § 12132), and Section 508 of the federal Rehabilitation Act (29 U.S.C. § 794d) and the regulations promulgated thereunder (36 C.F.R. Parts 1193 and 1194). For any work products provided in PDF format, the Administering Agency shall also provide an electronic version in the original electric format (for example, Microsoft Word or Adobe InDesign).

SECTION III
AIR DISTRICT AGREES:
1) To pay the FYE 2025 TFCA monies, the amount of which is estimated on Attachment A, Summary Information, Line 3 and calculated as set forth in Section III, Paragraphs 1a and 1b below, for Program Projects and administration that are consistent with the Policies and this Agreement, in two payments. Payments will be made after this Agreement has been signed by both the Administering Agency and the Air District. Notwithstanding the above, the Air District is only obligated to pay that portion of the FYE 2025 TFCA monies that constitutes that portion of the fees subvened by the DMV for calendar year 2024 to the Air District for its allocation to the Administering Agency from the Program funds. To the extent the estimated FYE 2025 TFCA monies exceed the Motor Vehicle Fees that are received by the Air District and are available to the Administering Agency, the Administering Agency understands and agrees that the Air District will not pay the difference between the Motor Vehicle Fees available and the estimated FYE 2025 TFCA monies. a) To endeavor to forward the first payment within thirty (30) business days of the Air District receiving from the DMV all the revenues that comprise the payment. The first payment will
generated from registration fees paid for motor vehicles that registered in Contra Costa County between January 1, 2024, and June 30, 2024
and audit costs.
b) To endeavor to forward the second payment within thirty (30) business days of the Air District receiving from the DMV all the revenues that comprise the payment. The second payment will
generated from registration fees paid for motor vehicles that registered in Contra Costa County between July 1, 2024, and December 31, 2024
and audit costs.
2) To provide timely notice prior to conducting an audit. 3) To provide the Administering Agency, and any other requesting party, a copy of the fiscal and performance audits conducted pursuant to Section 44242 of the Health and Safety Code.

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4) To provide the Administering Agency with all Air District-approved reporting forms required for the Administering Agency to submit pursuant to this Agreement, including the reports required pursuant to Section II, Paragraph 15 above. 5) To provide a copy of the Air District logo to the Administering Agency solely for use to fulfill the obligation under Section II.16 of this Agreement.

SECTION IV
IT IS MUTUALLY AGREED:
1) Term: The term of this Agreement is from July 1, 2024 to December 31, 2028, unless it is terminated or amended as provided for in Paragraphs 2 and 8 of this Section or elsewhere in this Agreement, or unless this Agreement has been fully satisfied. The Administering records retention obligations under this Agreement continue beyond the The Sub-awardee has two years to implement the project, unless the Expenditure Deadline is extended pursuant to Section II, Paragraph 4 for a particular Program Project. If the Expenditure Deadline is extended for a particular Program Project, the terms and conditions of this Agreement will continue to apply with respect to that particular Program Project until it is completed.
2) Termination: Either Party may terminate this Agreement at any time by giving written notice of termination to the other Party specifying the effective date thereof. Notice of termination under this paragraph must be given at least ninety (90) days before the effective date of such termination, unless the parties mutually agree to an earlier termination date. This Agreement will also terminate at the end of the fiscal year during which the Contra Costa Transportation Authority loses its designation as Administering Agency for Contra Costa County.
3) Indemnity: The Administering Agency agrees to indemnify and hold harmless the Air District, its employees, agents, representatives, and successors-in-interest against any and damages arising out of the performance by the Administering Agency of its duties under this Agreement or the Administering Agency s operation or use of equipment that is funded by the Program and must require Sub-awardees to indemnify and hold harmless the Air District, its employees, agents, representatives, and successors-in-interest against any and damages arising out of their performance of the project or operation or use of the equipment that is funded by the Program.
4) Notices: All notices that are required under this Agreement shall be provided in the manner set forth herein, unless specified otherwise. Notice to a party shall be delivered to the attention of the person at the address listed below, or to such other person or persons as may hereafter be designated by that party in writing. Notice shall be in writing sent by email.

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Notice shall be deemed to have been received on the date of such transmission, provided such date was a business day and delivered prior to 4:00 p.m. PST/PDT. Otherwise, receipt of notices shall be deemed to have occurred on the following business day.

DISTRICT: Bay Area Air Quality Management District
Attn: Director of Strategic Incentives
RE: TFCA 40% Fund Project # 25-CC
375 Beale Street, Suite 600
San Francisco, CA 94105
[email protected]
ADMINISTERING AGENCY: Contra Costa Transportation Authority Attn: Timothy Haile, Executive Director
RE: TFCA 40% Fund Project # 25-CC
2999 Oak Rd., Suite 100
Walnut Creek, CA 94597
[email protected]
5) Program Liaison: Within thirty (30) days from the Effective Date of this Agreement, the Administering Agency shall notify the Air District of the Administering Agency Liaison shall be the liaison to the Air District pertaining to implementation of this Agreement and shall be the contact for information about the Program and Program Projects. The Administering Agency shall notify the Air District of the change of Program the date of any change.
6) Additional Provisions and Additional Acts and Documents: Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents that are reasonably required to carry out the provisions, intent and purpose of this Agreement. All attachments to this Agreement are expressly incorporated herein by this reference and made a part hereof as though fully set forth. 7) Integration: This Agreement, including all attachments hereto, represents the final, complete, and exclusive statement of the agreement between the Air District and the Administering Agency
described in this Agreement, and supersedes all prior and other contemporaneous understandings and agreements of the parties pertaining to the terms and conditions herein.

No Party has been induced to enter into this Agreement by, nor is any Party relying upon, any representation or warranty outside those expressly set forth herein. 8) Amendment: This Agreement may not be modified except in writing, signed by both Parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect.
9) Independent Contractor: Neither the Administering Agency nor its officers, employees, agents, or representative shall be considered employees or agents of the Air District. 10) Assignment: Neither Party shall assign, sell, license, or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the other Party.

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11) Waiver: No waiver of a breach, of failure of any condition, or of any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Further, the failure of a Party to enforce performance by the other Party of any term, covenant, or condition of this Agreement, and the failure of a Party to exercise any rights or remedies hereunder, shall not be deemed a waiver or relinquishment by that Party to enforce future performance of any such terms, covenants, or conditions, or to exercise any future rights or remedies.
12) Severability: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. 13) Force Majeure: Neither the Air District nor the Administering Agency shall be liable for or deemed to be in default for any delay or failure in performance under this Agreement or interruption of services resulting, directly or indirectly, from acts of God, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, judicial orders, governmental controls, regulations or restrictions, inability to obtain labor or materials or reasonable substitutes for labor or materials necessary for performance of this Agreement, or other causes, except financial that are beyond the reasonable control of the Air District or the Administering Agency. 14) Governing Law: Any dispute that arises under or relates to this Agreement shall be governed by California law, excluding any laws that direct the application of another to this
Agreement, including mediation, shall be San Francisco, California. 15) Effective Date: The effective date of this Agreement is the date the Air District Executive Officer/Air Pollution Control Officer executes the Agreement (Effective Date). 16) Survival of Terms: Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled, and shall apply but may not be
limited to, Section II. Paragraph 7, 11, and 12 and Section IV. Paragraph 3 (Indemnity).

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IN WITNESS WHEREOF, the Administering Agency and the Air District have entered into this Agreement as of the date listed below.

FOR AIR DISTRICT:
by: ________________________________
Philip M. Fine
Executive Officer/APCO
Bay Area Air Quality Management District
FOR ADMINISTERING AGENCY:
by: __________________________________
Timothy Haile
Executive Director
Contra Costa Transportation Authority
Date: ______________________________ Date: __________________________________ Approved as to form:
by: _________________________________
Alexander Crockett
General Counsel
Bay Area Air Quality Management District
Approved as to form (optional):
by: __________________________________

Legal Counsel

5.9.a
Packet Pg. 380 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Attachment A 25-CC FYE 2025 BAAQMD FYE 2025 TFCA 40% Fund Attachment A, Page 1 of 2 Summary Information Administering Agency Name: Contra Costa Transportation Authority Address: 2999 Oak Rd., Suite 100, Walnut Creek, CA 94597 Project Admin (max 6.25%) [1] Total (Project + Admin) 1 Estimated FYE 2025 DMV revenues (based on projected CY2023 revenues) Line 1 $1,458,469 $97,231 $1,555,700 2 Reconciliation and Reprogrammed Funds Line 2 $270,217 $15,373 $285,590 Reconciliation: Difference between prior year estimate and actual revenue $(58,188) $(3,879) $(62,067) a. Actual FYE 2023 DMV revenues (based on CY2022) 2a $1,445,094 $96,340 $1,541,433 b. Estimated FYE 2023 DMV revenues 2b $1,503,281 $100,219 $1,603,500 Reprogrammed: Total available for programming/reprogramming to other projects $328,405 $19,252 $347,657 c. Amount available from previously funded projects 2c $303,753 d. Admin expended in FYE 2023 2d $77,088 e. Interest income earned on TFCA funds in CY 2023 2e $24,652 3 Move funds available from Admin to Projects (Optional) Line 3 $19,252 $(19,252) 4 Estimated Total Available TFCA Funds (Sum of Lines 1, 2 and 3) Line 4 $1,747,938 $93,352 $1,841,290 Percentage of Estimated Revenue allocated to Administrative Costs (maximum of 6.25%) Previous % from FYE 2023 Expenditure Plan: 6.25% Current % for FYE 2025: 6.25% [1] The TFCA funds budgeted for amount is listed for informational purposes only. Per California Health and Safety Code Section 44233, Administering Agency must limit their administrative costs to no more than 6.25% of the actual total revenue received from the Air District. 5.9.a Packet Pg. 381
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Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Attachment B 25-CC FYE 2025
BAAQMD FYE 2025 TFCA 40% Fund Attachment B, Page 1 of 2

INSURANCE REQUIREMENTS
Verification of Coverage
The Administering Agency shall obtain and maintain certificates and/or other evidence of the insurance coverage required below. The Air District reserves the right to require the Administering Agency to provide complete, certified copies of any insurance offered in compliance with these specifications. Certificates, policies and other evidence provided shall specify that the Air District shall receive 30 days advanced notice of cancellation from the insurers.

Minimum Scope of Insurance
Throughout the Term as defined in Section IV of the Agreement, the Administering Agency shall obtain and maintain in full force and effect the Liability Insurance as set forth below, and shall require any third party and each Sub awardee to obtain and maintain in full force and effect the insurance as set forth below.

1. Liability Insurance with a limit of not less than $1,000,000 per occurrence. Such insurance shall be of the type usual and customary to the business of the Administering Agency and Sub-awardee, and to the operation of the vehicles, vessels, engines or equipment operated by the Sub-awardee.

2. Property Insurance in an amount of not less than the vehicles, vessels, engines or equipment funded under the Agreement, and covering all risks of loss, damage or destruction of such vehicles, vessels, engines or equipment.

Acceptability of Insurers
Insurance is to be placed with insurers with a
The Air District may, at its sole discretion, waive or alter this requirement or accept selfinsurance in lieu of any required policy of insurance.

5.9.a
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5.9.a
Packet Pg. 384 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Envelope Id: 9E465E8563E14B1E953C66B491092EB5 Status: Completed Subject: Grant Agreement - Please DocuSign: 25CC Contra Costa Transportation Authority Document Type: Contract with Grantee
Program:

Other
Primary Funding Source: TFCA
Secondary Funding Source:

Source Envelope:

Document Pages: 15 Signatures: 5 Envelope Originator:

Certificate Pages: 7 Initials: 0 Linda Hui
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 192.137.109.2
Status: Original
7/18/2024 3:23:30 PM
Holder: Linda Hui
[email protected]
Location: DocuSign
Minda Berbeco
[email protected]
Air Programs Manager
Bay Area Air Quality Management District
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 192.184.207.183
Sent: 7/18/2024 3:45:52 PM
Viewed: 7/18/2024 3:46:49 PM
Signed: 7/18/2024 3:46:54 PM
Not Offered via DocuSign
Randi Wallach
[email protected]
Security Level: Email, Account Authentication
(None) Using IP Address: 161.38.23.248
Sent: 7/18/2024 3:46:55 PM
Viewed: 7/22/2024 6:10:55 AM
Signed: 7/22/2024 6:12:47 AM
Accepted: 7/22/2024 6:10:55 AM
ID: 52c9234c-2374-4d24-9050-79f1793a7948
Ying Smith
[email protected]
Security Level: Email, Account Authentication
(None) Using IP Address: 75.4.200.9
Sent: 7/22/2024 6:12:49 AM
Resent: 7/22/2024 8:43:54 AM
Viewed: 7/22/2024 8:57:58 AM
Signed: 7/22/2024 8:58:55 AM
Accepted: 7/22/2024 8:57:58 AM
ID: a3c991eb-c784-485c-93d3-da26922f61c3
Tarienne Grover
[email protected]
Security Level: Email, Account Authentication
(None) Using IP Address: 173.11.101.241
Sent: 7/22/2024 8:58:57 AM
Viewed: 7/22/2024 9:05:04 AM
Signed: 7/22/2024 9:05:24 AM
Accepted: 7/22/2024 9:05:04 AM
ID: d2ea69f9-f89c-4f42-8aad-031291391d06

5.9.a
Packet Pg. 385 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Amara L. Morrison
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 74.206.99.126
Sent: 7/22/2024 9:05:25 AM
Resent: 7/24/2024 4:48:37 PM
Viewed: 7/24/2024 4:52:07 PM
Signed: 7/24/2024 4:52:35 PM
Accepted: 7/24/2024 4:52:07 PM
ID: 42b83ab8-e7d8-4896-84d3-96591a8b0af0
Timothy Haile
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Uploaded Signature Image
Using IP Address: 75.238.114.195
Sent: 7/24/2024 4:52:37 PM
Viewed: 7/24/2024 6:22:31 PM
Signed: 7/24/2024 6:22:38 PM
Accepted: 7/24/2024 6:22:31 PM
ID: eac4bccd-d555-47dc-a27b-5133e27850ec
Linda Hui
[email protected]
Supervising Staff Specialist
Bay Area Air Quality Management District - Grants
Department
Security Level: Email, Account Authentication
(None)
Using IP Address: 192.137.109.2
Sent: 7/24/2024 6:22:40 PM
Viewed: 7/25/2024 8:11:19 AM
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5.9.a
Packet Pg. 386 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Philip M. Fine
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5.9.a
Packet Pg. 387 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Envelope Sent Hashed/Encrypted 7/18/2024 3:45:52 PM
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5.9.a
Packet Pg. 388 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

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5.9.a
Packet Pg. 389 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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5.9.a
Packet Pg. 390 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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5.9.a
Packet Pg. 391 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

EXHIBIT C
Transportation Fund for Clean Air 40% Fund Policy

5.9.a
Packet Pg. 392 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Contra Costa Transportation Authority Transportation
Fund for Clean Air 40% Fund Policy
A. Purpose
To guide the annual allocation of Transportation Fund for Clean Air (TFCA) 40% Fund by establishing fund allocation principles and program/project selection procedure.

B. Goal and Objectives:
• Reduce Vehicle Miles Travelled (VMT)
• Reduce air pollution and Green House Gases (GHG) emissions C. Program Background
In 1991, the California State Legislature authorized the Bay Area Air Quality Management District (Air District) to impose a $4 surcharge on motor vehicles registered within the Bay Area to fund projects clean air projects. The Air District allocates this revenue through its TFCA program to fund eligible programs and projects. The statutory authority and requirements of the TFCA program are set forth in California Health and Safety Code (HSC) Sections 44241 and 44242.

Forty percent (40%) of these TFCA funds are pass-through funds to the designated county program manager in each of the nine counties within the Air District’s jurisdiction based on the county’s proportionate share of fee-paid vehicle registration. The remaining sixty percent (60%) of these funds are awarded by the Air District to eligible programs and projects implemented directly by the Air District and to a grant program known as the Regional Fund.

The Contra Costa Transportation Authority (Authority) has been designated as the Administering Agency (previously called Program Manager) for the TFCA 40% Fund in Contra Costa County and is responsible for administering the County program including annually adopting a program of projects that meet the legislative requirements of the program.

The Air District annually adopts policies for the TFCA 40% Fund. The Transportation Fund for Clean Air 40% Fund Expenditure Plan Guidance (Guidance) for Fiscal Year Ending 2025 was used to guide the development of the Authority TFCA Policy.

D. Eligible Fund Recipients
Cities, County, public transit agencies, Regional Transportation Planning Committees (RTPCs), and the Authority. Other public agencies and non-public entities are encouraged to work directly with eligible project sponsors to submit projects.

E. Eligible Project Types and Screening

5.9.a
Packet Pg. 393 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Based on the eligible project categories included in the Air District Guidance and in consideration of the local needs, all the following Project Types are eligible for funding:
• Bicycle and Pedestrian Projects: infrastructure projects, bike parking, bike share. (Policy #s 30, 31 & 33)
• Ridesharing Services: carpool, vanpool, or other rideshare services, financial subsidy/incentive for transit or rideshare, and Guaranteed Ride Home. (Policy #27) • First- and Last-Mile Connections: transit services providing short-distance connections between mass transit and commercial hubs or employment centers. (Policy #29) • Vehicle- and Fuel-based Projects: alternative fuel vehicles (including trucks and buses), alternative fuel infrastructure. (Policy #s 22 & 24)
• Telecommuting: Implementation of demonstration projects in telecommuting. (Policy #34)
Other Eligible Projects: Other projects eligible under the Guidance can be considered. These projects will be subjected to Case-by-Case Approval (Policy #3) by the Authority and the Air District.

Eligibility Screening: For projects to be considered for funding, they must meet the eligibility requirements established by the Air District’s current TFCA 40% Fund. Consistent with the policies, a key factor in determining eligibility is a project’s Cost Effectiveness (CE) ratio and reduction of VMT.

Project sponsors are encouraged to consult with Authority staff on eligibility, CE calculations, and project readiness/ delivery scheduling. Upon request, Authority staff will provide technical assistance to project sponsors in formulating the project definition and CE calculation.

F. Fund Allocation Principles
a. Each of the four Contra Costa County subregions should receive proportional TFCA benefit based on the jobs-housing formula (Formula). The Formula is based on the numbers of jobs and housing units, at equal weights, in each City and unincorporated areas.
b. Countywide programs/projects: Programs/projects that are available to or benefit all County residents or commuters in all geographic areas. These programs/projects will be funded from the County total. Countywide programs/projects will be identified and developed in collaboration with RTPCs. A countywide program/project may be sponsored by the Authority and/or RTPCs and could be jointly implemented with the Authority and RTPCs. If jointly implemented, funding will be determined by both the Authority and RTPCs to implement the countywide program. c. Subregional programs/projects: Programs/projects that benefit one or more subregions, but not the entire population in the County. After subtracting the cost of the countywide programs/projects, the remaining funds will be allocated to subregional programs/projects using the Formula. RTPCs will recommend

5.9.a
Packet Pg. 394 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) subregional programs/projects to the Authority. Eligible recipients will coordinate proposed programs/projects with RTPCs. A subregional program/project may be sponsored by an RTPC and/or the Authority and could be implemented jointly with RTPC and the Authority. If jointly implemented, funding will be determined by both RTPC and the Authority to implement the subregional program. d. The benefit to each subregion is calculated as the sum of the TFCA funds to countywide programs/projects, distributed per the Formula, and the TFCA funds allocated to the subregional programs/projects. See the appendices for a sample calculation of the countywide programs/projects and allocation to the subregional programs/projects.
e. The RTPCs will prioritize subregional programs/projects and submit recommendations to the Authority. Programs/projects with the highest CE ratio and reduction of VMT should be given priority consideration. f. The role of the Authority Board is to approve programs, projects, CE findings, and funding.

G. Timely Use of Funds and Project Readiness
The Authority is required to fully allocate the TFCA 40% funds annually, or risks the funds being returned to the Air District. The intent of TFCA is to fund projects that achieve surplus emission reductions within two years. Timely use of funds is an important consideration. • Project Readiness – Priority will be given to programs/projects that are ready to proceed and have a realistic implementation schedule, budget, and funding package.

Infrastructure projects can be considered for TFCA funding when the 65% design and environmental clearance are completed. Programs/projects that cannot realistically commence within one calendar year and be completed within a two-year period will have lower priority. Project sponsors may be advised to resubmit these programs/projects for a future TFCA programming cycle.
• The following is a list of activities that should be completed prior to allocating TFCA funds to ensure the successful completion of programs/projects:
o Planning (e.g., design)
o Jurisdictional approval (e.g., permits)
o Legislative approvals (e.g., CPUC)
o Environmental review/approvals (e.g., EIR, negative declaration) • The Authority may approve no more than two one-year extensions to the TFCA expenditure period if significant progress has been made on the project. For FYE 2025, the Authority has the discretion to grant project extensions up to December 31, 2028.

Any additional project extensions must be requested to the Air District. • Recurring programs/services (e.g. TDM and transit services): a new program’s start date can’t occur before the previous program’s end date. If there is unspent fund from the

5.9.a
Packet Pg. 395 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) previous program, the project sponsor must close the project. The Authority may reallocate the unspent funds to a future cycle fund to the County total.

H. Project and Program Reporting:
• Project sponsors are required to report performance to comply with the Air District’s requirement. Measurable and reportable VMT reduction (data-driven approach) is preferred over self-reporting data.
• Benefits to Priority Communities – Project sponsors are required to report investment on the Highly Impacted Communities or Episodic Areas as defined by the Air District’s Community Air Risk Evaluation (CARE) Program. Additionally, positive impact to Equity Priority Communities (EPC), whether the project is directly located in an Equity Priority Community (see Air District map) or can demonstrate benefits to Priority Populations defined by SB 535 disadvantaged communities and AB 1550 low-income communities should be documented.
• A detailed budget is required. At a minimum, the budget should show categories for labor, expenses, and incentives (if applicable). If a project includes multiple subcategories, expenses should be further assigned to each project sub-categories and by fund source.
• The reporting requirements are included in the funding agreement template. • The Authority is responsible for reporting the metrics at the countywide level. • All TFCA projects are required to be audited after completion. Generally, TFCA projects are audited every other year.

5.9.a
Packet Pg. 396 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Appendices (subject to periodic updates by administrative actions)

1. Annual Program Schedule and Actions
Dates
Air District
Mandate Action
January/February • Project Eligibility Screening Begins • Air District releases fund estimates
February Authority
Board Meeting
X • Authority Board adopts Expenditure Plan (County
fund total amount)
February to April • Authority Board considers Policy updates, if necessary
• Authority assists project sponsors in project
documents
May or June
Authority Board
Meeting
X • Authority Board approves Air District/Authority
agreement
Mid-May • Project sponsors submit draft countywide and subregional Project Information Forms with Cost Effectiveness calculations, budget, and TFCA funds
requested.

By end of May • Authority and RTPC recommends countywide and sub-regional projects
Early June • Project sponsors submit the final CE calculation and Project Information Form, per the Guidance.

June • RTPC selection and approval of subregional projects.

July Board
Authority Meeting
• Authority staff presents the final projects to the
Authority Board for approval.

August • Sponsors execute agreements with Authority and project implementation may begin
Sept. – Oct. X • Authority submits all project documents to Air District

2. Transportation Fund for Clean Air 40% Fund Expenditure Plan Guidance For Fiscal Year Ending 2025, Bay Area Air Quality Management District

3. Project Information Form

4. Cost Effectiveness Worksheet

5. Funding Agreement Template

5.9.a
Packet Pg. 397 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

6. Job-Housing Formula Allocation to Subregions

7. Sample Allocation Calculation
Job -Housing Formula Allocation to Subregions
Subregion/Implementer % of Program
Central County/CCTA 30.70%
East County/CCTA 26.60%
Southwest/SWAT 20.50%
West County/WCCTAC 22.20%
Note: The Formula is updated reguarly as demographic
data is updated.

TFCA Fund Allocation Calculation - Sample Only
Note: Project names and costs are for illustration purpose only.

TFCA County Total $ 1,747,938
Project Sponsor Cost
Pass2Class CCTA $320,000
Guaranteed Ride Home WCCTAC $60,000
Spare the Air Transit Incentives CCTA $135,000
Vanpool SWAT TBD
Countywide Project Total $515,000
Subregional Programs/Projects - Sponsors TBD $ 1,232,938 Subregion % of Program Benefit
Central County 30.70% $378,512
East County 26.60% $327,961
Southwest 20.50% $252,752
West County 22.20% $273,712
Benefit Distributed to Subregions
Subregion % of Program Total Countywide Subregional
Central County 30.70% $536,617 $158,105 $378,512
East County 26.60% $464,951 $136,990 $327,961
Southwest 20.50% $358,327 $105,575 $252,752
West County 22.20% $388,042 $114,330 $273,712
TFCA County Total $ 1,747,938
Countywide Programs/Projects - Serving All Residents

5.9.a
Packet Pg. 398 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Planning Committee STAFF REPORT
Meeting Date: September 05, 2024
Subject Approval of Fiscal Year (FY) 2024-25 Transportation Fund for Clean Air (TFCA) Projects that Comply with the Bay Area Air Quality Management District’s (Air District) Board-Approved Policies
Summary of Issues On July 17, 2024, the Authority Board approved Funding Agreement No. 25-CC with the Air District. The TFCA 40% Fund Policy (Policy) was approved in May 2024 by the Authority Board. Staff issued a Call for Projects on May 16, 2024, and received a total of ten (10) project proposals.

It is the responsibility of the Authority to make a
determination that the proposed projects funded through Agreement No. 25-CC comply with the Air District
Board-approved policies, including meeting the cost
effectiveness criteria. Staff has determined that each project is in compliance. Approval of Resolution 24-37-G will fulfill the Air District’s requirement that the Authority review and approve the cost effectiveness of each proposed project.

Recommendations Staff seeks approval of Resolution 24-37-G, which approves the FY 2024-25 Contra Costa County TFCA 40% fund projects that comply with the Air District Board-approved policies and authorizes the Executive Director or designee to execute cooperative agreements with the fund recipients.

Staff Contact Ying Smith
Financial Implications Funding to support these projects is provided by the Air District and is included in the Authority’s approved FY 2024-25

5.9.a
Packet Pg. 399 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Planning Committee STAFF REPORT
September 05, 2024

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budget.

Options 1. The Authority Board may choose to allocate funds to different projects.

2. The Authority is required to allocate all new TFCA funds within six (6) months of the Air District’s Board of
Director’s approval of the Expenditure Plan on May 15,
2024, or Contra Costa County (County) TFCA 40% funds
could be at risk of being reallocated to another county.

Attachments (See PC Packet
dated 9/5/24 for
Attachments A, B and C;
Attachment D is New)
A. Resolution 24-37-G
B. FY 2024-25 TFCA Project Budget Worksheet
C. TFCA FY 2024-25 Project Summary
D. Presentation – New (PC Meeting Handout)
Changes from Committee None
Background
Assembly Bill (AB) 434 (Chapter 807, Statutes of 1991), as amended by AB 414 (Chapter 950, Statutes of 1995) provides for the imposition of an additional vehicle registration fee to be used to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies. The Air District allocates the revenue to fund eligible projects and programs. The law requires that 40% of the fee revenues, referred to as the TFCA 40% funds, be allocated for projects and programs within each Bay Area County. The Authority is the designated Administering Agency for the County, assuming these responsibilities:
• Administer funding in accordance with applicable legislation, including Health and Safety Code (HSC), Sections 44233, 44241, and 44242, and with the Air District Board-adopted TFCA 40% Fund policies for FY ending 2025.

5.9.a
Packet Pg. 400 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Planning Committee STAFF REPORT
September 05, 2024

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• Hold one or more public meetings each year to:
o Adopt criteria for the expenditure of the funds if those criteria have been modified in any way from the previous year (criteria must include the Air District Board-approved TFCA 40% Fund policies), and
o Review the expenditure of revenues received.
• Prepare and submit Expenditure Plan Applications, Project Information Forms, Cost-Effectiveness Worksheets, Funding Status Reports, Interim Project Reports, and Final Reports to the Air District.
• Provide funds to only projects that comply with the Air District Board-approved policies and/or that have received the Air District Board of Director’s approval for award.
• Limit administrative costs in handling of TFCA funds to no more than 6.25 percent of the actual funds received, or funds allocated in the funding agreement, whichever method the administering agency has historically administered.

The FY 2024-25 TFCA Expenditure Plan submitted to the Air District shows that the total TFCA 40% funds is $1,841,290 of which, $93,352 is for administrative costs and $1,747,938 is for allocation to projects.

To further advance the use of TFCA 40% funds to meet the Transportation Demand Management (TDM) 2.0 goals, the Authority Board approved the Policy on May 15, 2024.

Under the new Policy, staff released a Call for Projects on May 16, 2024, opening the allocation of the County’s TFCA 40% funds to Regional Transportation Planning Committees (RTPC), cities/towns, the County, public transit agencies, and the Authority as eligible project sponsors.

Project Evaluation
The Authority received a total of ten (10) proposals in response to the Call for Projects:
four(4) countywide proposals and six (6) sub-regional proposals. To determine eligibility, Authority staff evaluated the projects submitted for compliance with the following

5.9.a
Packet Pg. 401 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Planning Committee STAFF REPORT
September 05, 2024

Page 4 of 6 ends

requirements:

1. Consistency with State Law: The projects shall be consistent with one of the eligible project categories listed in HSC, Section 44241.

2. Reduction of Emissions from Motor Vehicles: Pursuant to HSC, Section 44220(b); the projects shall reduce emissions from motor vehicles.

3. Consistency with the Air District’s Adopted Policies: The projects shall be consistent with policies adopted by the Air District’s Board of Directors.

All submitted projects were determined to meet the above requirements. Pursuant to policies adopted by the Air District’s Board of Directors, all projects must achieve a TFCA cost effectiveness that is below the threshold in the respective project category established by the Air District, i.e., $150,000 per ton of emissions for trip reduction projects. Project sponsors calculated the cost effectiveness ratio for all proposed projects using the approved Air District templates. Authority staff reviewed the calculations and determined that all submitted projects have cost effectiveness ratios below the maximum thresholds.

Projects were also evaluated for their adherence to the Authority’s TFCA 40% Fund Policy goals of Vehicle Miles Traveled (VMT) and air pollution reduction, emphasis on measurable and verified VMT reduction, and benefits to Equity Priority Communities.

In accordance with the Policy, the selected countywide projects’ costs are to be deducted from the County total and the remainder be allocated to each of the County’s four subregions using the existing jobs and housing formula. In the original submittal, the total of requested project funds exceeded the available fund allocation by $487,591. Staff worked collaboratively with all project sponsors and RTPC staff to assess project scopes and budgets, holding three large group meetings and numerous individual meetings. Some of the project sponsors volunteered to reduce their fund requests to make it possible for all subregional projects to be either fully or partially funded. After the robust collaboration process, project sponsors reduced the funds requested for eight (8) of the ten (10) projects to allow for the adoption of all countywide and sub-regional projects submitted for consideration.

The RTPCs reviewed all proposed projects, making recommendations for countywide projects and approval of sub-regional projects. The RTPC Boards approved the final proposed TFCA

5.9.a
Packet Pg. 402 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Planning Committee STAFF REPORT
September 05, 2024

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40% fund projects as follows:
• Central County Transportation Partnership and Cooperation (TRANSPAC): Scheduled for approval by the TRANSPAC Board on September 12, 2024 • East County Transportation Planning Committee: Scheduled for approval by the TRANSPLAN Board on September 12, 2024
• Southwest Area Transportation Committee (SWAT): Approved by the SWAT Board on July 8, 2024
• West Contra Costa Transportation Advisory Committee (WCCTAC): Approved by the WCCTAC Board on July 26, 2024
Proposed Project List
FY 2024-25 is the first cycle under the Authority’s new Policy. The project evaluation process was lengthy and comprehensive. The programs under final consideration represent a robust and diverse set of options that will benefit residents across the County. Many of the existing TDM projects will be continued in the same or similar format. Two new project types have been proposed, a bikeway project and bus services for both school bus trips and on-demand microtransit. The school bus programs received TFCA funds in the past. In this cycle, they will receive higher amounts due to the updated cost effectiveness calculations. The 511 Contra Costa program is planning to implement two new TDM projects, Big Win on Transit that will incentivize transit trips and collect verified trip data and actual VMT reduction, and Active4Me, a school trip reduction program in central county.

One of the Fund Allocation Principles in the Policy states that each of the four subregions should receive proportional TFCA benefit based on the jobs-housing formula. The project TFCA amounts and benefit calculations are included in Attachment B and show that each subregion is receiving a benefit equal to prior year’s TFCA cycles.

Summary information for all the proposed projects in the FY 2024-25 County TFCA 40% Fund Expenditure Plan is provided in Exhibit 1 to Resolution 24-37-G, which lists the project sponsor, project description, TFCA funds requested, and TFCA cost effectiveness. In aggregate, the FY 2024-25 projects are estimated to reduce trips by 3,440,857 and VMT by

5.9.a
Packet Pg. 403 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement) Planning Committee STAFF REPORT
September 05, 2024

Page 6 of 6 ends

46,706,472. More detailed project information is provided in Attachment C.

Staff seeks approval of Resolution 24-37-G, which approves the FY 2024-25 County TFCA 40% fund projects that comply with the Air District Board-approved policies and authorizes the Executive Director or designee to execute cooperative agreements with the fund recipients.

5.9.a
Packet Pg. 404 Attachment: A: CCTA Cooperative Agreement No. 25CC02 (2024-116 : TFCA Cooperative Agreement)

RECOMMENDED ACTION
Staff recommends that the City Council adopt this Resolution accepting the Certificate of the County Clerk to Result of the Canvass for the City of San Ramon’s November 5, 2024 Consolidated Election.

BACKGROUND/DISCUSSION
In compliance with Election Code §15372, the County Clerk prepared a certified statement of the results of the Consolidated Election held on November 5, 2024 for Mayor and City Councilmembers District 1 and 3 in the City of San Ramon. This Resolution accepts the County Clerk’s Certificate of the Canvass and summary of results.

FISCAL ANALYSIS
None.

STEPS FOLLOWING APPROVAL
Upon adoption of this Resolution, the City Clerk will administer the Oath of Office to the newly elected Mayor and City Councilmembers District 1 and 3.

ATTACHMENT
A: Certificate of Results
B: Summary of Results

5.10 Packet Pg. 405
RESOLUTION NO. 2024-117

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

ACCEPTING THE CERTIFICATE OF THE COUNTY CLERK AS TO THE RESULT OF THE CANVASS OF THE CITY OF SAN RAMON NOVEMBER 5, 2024

CONSOLIDATED ELECTION
WHEREAS, a Consolidated Election was held on November 5, 2024 in the City of San Ramon; and
WHEREAS, the nominees for public office for the November 5, 2024 Consolidated Election included the Mayor, one (1) City Councilmember District 1, and one (1) City Councilmember District 3; and
WHEREAS, in compliance with Election Code §15372, the County Clerk canvassed the returns of the vote cast in the City of San Ramon at the Consolidated Election held on November 5, 2024 for the Mayor, one (1) City Councilmember District 1, and one (1) City Councilmember District 3 and certified the statement of the vote cast including the whole number of votes cast in the City of San Ramon and each respective precinct therein and the total vote for each candidate.

NOW, THEREFORE, IT IS RESOLVED, that the City Council of the City of San Ramon does hereby accept the attached Certificate of the County Clerk as to the Result of the Canvass for the City of San Ramon November 5, 2024 Consolidated Election.

PASSED, APPROVED AND ADOPTED at the meeting of December 10, 2024 by the following votes:

AYES:

NOES:

ABSENT:

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

5.10 Packet Pg. 406

5.10.a
Packet Pg. 407 Attachment: A: Certificate of Results (2024-117 : Election Certification)

5.10.b
Packet Pg. 408 Attachment: B: Summary of Results (2024-117 : Election Certification)

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: RESOLUTION NO. 2024-118 - Accepting the Certificate of the County Clerk as to the Result of the Canvass of the City of San Ramon November 5, 2024 Consolidated Election for Measure N
Ordinance 528 - Imposing A Transactions and Use Tax To Be Administered By The California Department Of Tax And Fee Administration

RECOMMENDED ACTION
Staff recommends that the City Council adopt this Resolution accepting the Certificate of the County Clerk as to the Result of the Canvass of the City of San Ramon November 5, 2024 Consolidated Election for Measure N, and waive the reading, read by title only, and adopt Ordinance 528 imposing a Transactions and Use Tax to be Administered by the California Department of Tax and Fee Administration.

BACKGROUND/DISCUSSION
In compliance with Election Code §15372, the County Clerk prepared a certified statement of the results of the Consolidated Election held on November 5, 2024 for Measure N in the City of San Ramon. This resolution accepts the County Clerk’s Certificate of the Canvass and statement of votes cast for the Measure.

FISCAL ANALYSIS
None.

STEPS FOLLOWING APPROVAL
Upon adoption of this Resolution, the City Clerk will incorporate Measure N into the City’s Municipal Code. Staff will file all necessary documentation with the California Department of Tax and Fee Administration.

ATTACHMENT
A: Ordinance 528

5.11 Packet Pg. 409
B: Election Certification
C: Election Summary

5.11 Packet Pg. 410
RESOLUTION NO. 2024-118

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

ACCEPTING THE CERTIFICATE OF THE COUNTY CLERK AS TO THE RESULT OF THE CANVASS OF THE CITY OF SAN RAMON NOVEMBER 5, 2024

CONSOLIDATED ELECTION FOR MEASURE N
WHEREAS, a Consolidated Election was held on November 5, 2024 in the City of San Ramon; and
WHEREAS, the November 5, 2024 Consolidated Election included Measure N; and WHEREAS, in compliance with Election Code §15372, the County Clerk canvassed the returns of the vote cast in the City of San Ramon at the Consolidated Election held on November 5, 2024 for Measure N and certified the statement of the vote cast including the whole number of votes cast in the City of San Ramon and the total vote for the Measure.

NOW, THEREFORE, IT IS RESOLVED, that the City Council of the City of San Ramon does hereby accept the attached Certificate of County Clerk as to the Result of the Canvass of the City of San Ramon November 5, 2024 Consolidated Election for Measure N.

PASSED, APPROVED AND ADOPTED on December 10, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
________________________
Christina Franco, City Clerk
Exhibit 1: Certificate of County Clerk as to the Result of the Canvass of the City of San Ramon November 5, 2024 Consolidated Election

5.11 Packet Pg. 411

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ORDINANCE 528

AN ORDINANCE OF THE CITY OF SAN RAMON

IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
THE PEOPLE OF THE CITY OF SAN RAMON DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER III (Transactions and Use Tax) is hereby added to TITLE A, DIVISION A9 (Revenue and Finance) of the Municipal Code of the City of San Ramon and shall read as follows:

CHAPTER III. TRANSACTIONS AND USE TAX
A9-35. Title.

This chapter shall be known as the San Ramon Transactions and Use Tax Ordinance. The City of San Ramon hereinafter shall be called "City." This chapter shall be applicable in the incorporated territory of the City.

A9-36. Operative Date.
"Operative date" means the first day of the first calendar quarter commencing more than one hundred ten (110) days after the date of adoption of this ordinance.

A9-37. Purpose.

This chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, which authorizes the City to adopt this tax ordinance, which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

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D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes and, at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter.

A9-38. Contract with State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax chapter; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

A9-39. Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

A9-40. Place of Sale.

For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the State sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one (1) place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

A9-41. Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use, or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to State sales or use tax regardless of the place to which delivery is made.

A9-42. Adoption of Provisions of State Law.

Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein.

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A9-43. Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California.

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this chapter.

3. In those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code; or
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the State under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. "A retailer engaged in business in the District" shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this State or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000.00).

For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

A9-44. Permit Not Required.

If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this chapter.

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A9-45. Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any State-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this subsection, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-ofCity address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business outof-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subsections (B)(3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

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C. There are exempted from the use tax imposed by this chapter the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subsections (C)(3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subsection (C)(7) of this section, a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with

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respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

A9-46. Amendments to State Law.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Parts 1.6 and 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Parts

1.6 and 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this chapter; provided, however, that no such amendment shall operate so as to affect the rate of tax imposed by this chapter.

A9-47. Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

A9-48. Annual Audit; Citizens' Oversight.

A. Beginning with the fiscal year that ends June 30, 2025, the City's independent auditors shall, as part of their annual audit of the City's financial statements, review the collection and expenditure of revenue from the tax authorized by this chapter. The auditors' review shall be a public document, and the City Clerk shall post the review on the City website.

B. The Finance Director shall annually review the auditors' findings and report to the City Council in a noticed public meeting regarding the accuracy of the auditors' findings regarding the revenues and expenditures. The Council may, at its discretion, direct the Finance Director to present the report to and solicit input from a Council subcommittee before making the presentation to the full Council.

C. To facilitate citizen oversight, the City Clerk shall create and maintain a registry of members of the public that elect to receive notice by email of the publication of the annual audit report.

The email notice shall be sent to all emails listed in the registry at least seven (7) days before the public meeting on the audit report and shall include the following:

1. A link to the audit report;

2. A link for submittal of comments on the audit report;

3. Notice of the Council meeting and any Council subcommittee meetings on the audit report, including the location, date, and time of each meeting; and

4. A note advising the recipient of the email that all comments received shall be made a part of the record and considered by the Council in any decision it makes pertaining to the audit report.

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A9-49. Termination Date.

The authority to levy the tax imposed by this chapter shall expire on the 10th anniversary of the operative date.

SECTION 2. Adjustment of Appropriations Limit.

Pursuant to Article XIIIB of the Constitution of the State of California and applicable laws, the appropriations limit for the City is hereby increased by the aggregate sum authorized to be levied by this tax for fiscal year 2024-25 and each year thereafter.

SECTION 3. CEQA.

The approval of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et. seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et. seq., “CEQA Guidelines”). The transactions and use tax imposed by the adoption of this ordinance is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. Accordingly, under CEQA Guidelines Section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines Section 15060 CEQA analysis is not required.

SECTION 4. 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 5. Effective Date.

This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon approval by the voters.

APPROVED at a regular meeting of the City Council of the City of San Ramon on the 23rd day of July, 2024 and
PASSED AND ADOPTED by the voters of the City of San Ramon, State of California, at the General Municipal Election held on November 5, 2024.

Signatures on following page.

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_______________________
David E. Hudson, Mayor
ATTEST:
________________________
Christina Franco, City Clerk
APPROVED AS TO FORM:
________________________
Martin Lysons, City Attorney

5.11.a
Packet Pg. 419 Attachment: A: Ordinance 528 (2024-118 : Certifying Election Results - Measure N)

5.11.b
Packet Pg. 420 Attachment: B: Election Certification (2024-118 : Certifying Election Results - Measure N)

5.11.c
Packet Pg. 421 Attachment: C: Election Summary (2024-118 : Certifying Election Results - Measure N)

CITY COUNCIL STAFF REPORT
DATE: December 10, 2024
TO: City Council/City Manager
FROM: Scott Koll, Deputy City Manager
By: Scott Koll, Deputy City Manager
SUBJECT: RESOLUTION NO. 2024-119 - Authoring the Filings to California Department of Tax and Fee Administration for Measure N

RECOMMENDED ACTION
Staff recommends that the City Council:

1. Adopt Resolution No. 2024-119 - Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax

2. Adopt Resolution No. 2024-120 - Authorizing Examination of Sales or Transactions and Use Taxes Records

3. Authorize staff to submit all required documents to the California Department of Tax and Fee Administration (CDTFA) to implement Measure N, a 1% Transactions and Use Tax (TUT).

4. Direct staff to collaborate with the City’s sales tax consultants, Hinderliter, de Llamas & Associates (aka “HdL Companies”, or HdL), to ensure timely and accurate filing.

BACKGROUND/DISCUSSION
On November 5, 2024, the residents of San Ramon voted to approve Measure N, a 1% local sales tax (aka “Transactions and Use Tax”), with over 56% of voters in support. The new effective local tax rate for San Ramon will be 9.75%. The tax is intended to provide locally controlled revenues to sustain and enhance essential City services, including ongoing maintenance of public parks and open space, public safety, and street maintenance.

The Contra Costa County Registrar of Voters certified the election results on December 3, 2024.

This certification triggers the City’s obligation to file the required documentation with the CDTFA to begin the process of implementing Measure N. CDTFA serves as the administrator for the collection and remittance of TUT revenues on behalf of local jurisdictions and requires precise compliance with its procedures. CDTFA administers 37 different taxes and fees across the State of California.

5.12 Packet Pg. 422

DISCUSSION
To implement Measure N, the following actions must be completed:

1. Submission of Required Documents
CDTFA advised the city that the following items are required to initiate the TUT implementation process:
• Certified Resolution: A resolution adopted by the City Council authorizing implementation of Measure N and filing of necessary documentation. • Certified Ordinance: The adopted ordinance establishing the 1% TUT, including voter certification of approval.
• Certified Election Results: A certified copy of the election results provided by the Contra Costa County Registrar of Voters.
• Resolution: Authorizing employees and representatives of the City to examine confidential sales or TUT records of the CDTFA pertaining to TUT collected by CDTFA.
• Preparatory Agreement: An agreement with the CDTFA to pay for the cost of preparatory work necessary to administer the City's TUT ordinance. • Administrative Agreement: An agreement with the CDTFA for tax collection and administrative services.
• Contact Form: CDTFA Local Jurisdiction and District Tax Contact Form, providing staff and consultant points of contact for communication and coordination.

These documents must be submitted in a timely fashion to ensure compliance with CDTFA’s required processing timeline. CDTFA may require additional documentation or administrative agreements to fully implement San Ramon’s TUT. Staff has requested Council authorize the City Manager to execute any and all agreements with CDTFA required to complete this process.

2. Coordination with HdL Companies
HdL Companies, the City’s sales tax consultant, will provide critical support, including:
• Reviewing all documentation to ensure accuracy and compliance with CDTFA requirements.
• Assisting with technical questions related to tax implementation.

5.12 Packet Pg. 423
• Providing analysis of anticipated revenue from Measure N and monitoring ongoing performance once implemented.

3. Implementation Timeline
The CDTFA requires at least 110 days to process TUT applications. Filing by March 30, 2025 ensures Measure N takes effect on April 1, 2025, coinciding with CDTFA’s quarterly tax collection cycle.

FISCAL ANALYSIS
Measure N is projected to generate approximately $15.24 million in Fiscal Year 2025-26, bolstering the City’s General Fund to sustain vital public services. Both CDTFA and HdL will charge the city administrative fees associated with this local tax measure. Those fees will not exceed the City Manager’s signing authority and can be absorbed into the current fiscal year operating budget of the Finance Department. Staff will incorporate future associated fees into the future budgets for Council authorization.

STEPS FOLLOWING APPROVAL
Approval of this recommendation ensures that the City meets its procedural obligations under CDTFA’s requirements, enabling the timely implementation of Measure N and providing a reliable revenue stream to address the City’s critical service needs.

ATTACHMENT
A: Resolution No. 2024-119 - Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax
Exhibit 1: Agreement for Preparation to Administer and Operate City’s Transaction and Use Tax Ordinance (“Preparatory Agreement”)
Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”)
B: Resolution No. 2024-120 –Authorizing Examination of Sales or Transactions and Use Taxes Records

5.12 Packet Pg. 424
RESOLUTION NO. 2024-119

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR

IMPLMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
WHEREAS, on December 10, 2024, the City Council approved Ordinance No. 528 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Department will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Department requires that the City enters into a “Preparatory Agreement” and an “Administrative Agreement” prior to implementation of said taxes; and WHEREAS, the Department requires that the City Council authorize the agreements.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Ramon that the “Preparatory Agreement” attached as Exhibit 1 and the “Administrative Agreement” attached as Exhibit 2 are hereby approved and the City Manager is hereby authorized to execute each agreement.

PASSED, APPROVED, AND ADOPTED, at the meeting of December 10, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:
________________________
Christina Franco, City Clerk
Exhibit 1: Agreement for Preparation to Administer and Operate City’s Transaction and Use Tax Ordinance (“Preparatory Agreement”)
Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”)

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(Rev. 07/24) Page 1 of 3

AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE

CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of San Ramon, a municipal corporation, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows:

1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City.

2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code.

3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City.

4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final.

5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received.

5.12.b
Packet Pg. 426 Attachment: Exhibit 1: Agreement for Preparation to Administer and Operate City’s Transaction and Use Tax Ordinance (“Preparatory EXHIBIT 1
(Rev. 07/24) Page 2 of 3

6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)

7. Communications and notices may be sent by first class United States mail or through email at [email protected]. If and when communications and notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail. Communications and notices to be sent to the Department shall be addressed to:

California Department of Tax and Fee Administration
P.O. Box 942879 MIC: 27
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to City shall be addressed to:

City of San Ramon
Finance Department
7000 Bollinger Canyon Road
San Ramon, CA 94583
Attention: Finance Director

8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement.

Signatures on the following page.

5.12.b
Packet Pg. 427 Attachment: Exhibit 1: Agreement for Preparation to Administer and Operate City’s Transaction and Use Tax Ordinance (“Preparatory EXHIBIT 1
(Rev. 07/24) Page 3 of 3

CITY OF SAN RAMON CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
Steven Spedowfski, City Manager Date Administrator Date Local Revenue Branch
APPROVED AS TO FORM:

Martin Lysons, City Attorney Date
ATTEST:

Christina Franco, City Clerk Date

5.12.b
Packet Pg. 428 Attachment: Exhibit 1: Agreement for Preparation to Administer and Operate City’s Transaction and Use Tax Ordinance (“Preparatory EXHIBIT 2
(Rev. 7/24) Page 1 of 14

AGREEMENT FOR STATE ADMINISTRATION

OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of San Ramon has adopted, and the voters of the City of San Ramon (hereafter called “City” or “District”) have approved by the required majority vote, the City of San Ramon Transactions and Use Tax Ordinance (hereafter called “Ordinance”), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the “Department”) and the City do agree as follows:

ARTICLE I

DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement, they shall be interpreted to mean the following:

1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation Code Section 7285.9, and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.

2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 528, as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.

ARTICLE II

ADMINISTRATION AND COLLECTION

OF CITY TAXES
A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance.

B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled.

5.12.c
Packet Pg. 429 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 2 of 14
C. Transmittal of money.

1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter.

2. For periods subsequent to the expiration date of the tax whether by City’s self-imposed limits or by final judgment of any court of the State of California holding that City’s ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter.

3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement.

D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder.

E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear.

F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department.

G. Records of the Department.

When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller’s permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement.

H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties

5.12.c
Packet Pg. 430 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 3 of 14
annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary.

ARTICLE III

ALLOCATION OF TAX
A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code:

1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers.

2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self-declared district taxes for the period for which the determination, billing, refund or credit applies.

B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use.

ARTICLE IV

COMPENSATION
The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City.

ARTICLE V

MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate or through email at [email protected]. If and when communications and

5.12.c
Packet Pg. 431 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 4 of 14
notices may include confidential information, communications and notices must be sent through encrypted email at [email protected] or by mail.

Communications and notices to be sent to the Department shall be addressed to:

California State Department of Tax and Fee Administration P.O. Box 942879
Sacramento, California 94279-0027
Attention: Administrator
Local Revenue Branch
Communications and notices to be sent to the City shall be addressed to:

City of San Ramon
Finance Department
7000 Bollinger Canyon Road
San Ramon, CA 94583
Attention: Finance Director
Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above.

B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on December 10, 2024. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance.

C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal.

5.12.c
Packet Pg. 432 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 5 of 14

ARTICLE VI

ADMINISTRATION OF TAXES IF THE

ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.

1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that the tax is valid.

2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non-appealable.

B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:

1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance.

2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement.

3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers.

4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code.

5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City.

6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final.

5.12.c
Packet Pg. 433 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 6 of 14

7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds.

CITY OF SAN RAMON CALIFORNIA DEPARTMENT OF TAX

AND FEE ADMINISTRATION
Steven Spedowfski, City Manager Date Administrator Date Local Revenue Branch
APPROVED AS TO FORM:

Martin Lysons, City Attorney Date
ATTEST:

Christina Franco, City Clerk Date
Attachment A: Ordinance No. 528

5.12.c
Packet Pg. 434 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 7 of 14

ATTACHMENT A
ORDINANCE 528

AN ORDINANCE OF THE CITY OF SAN RAMON

IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
THE PEOPLE OF THE CITY OF SAN RAMON DO HEREBY ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER III (Transactions and Use Tax) is hereby added to TITLE A, DIVISION A9 (Revenue and Finance) of the Municipal Code of the City of San Ramon and shall read as follows:

CHAPTER III. TRANSACTIONS AND USE TAX
A9-35. Title.

A9-36. Operative Date.
"Operative date" means the first day of the first calendar quarter commencing more than one hundred ten (110) days after the date of adoption of this ordinance.

A9-37. Purpose.

This chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

5.12.c
Packet Pg. 435 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 8 of 14
procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

A9-38. Contract with State.

A9-39. Transactions Tax Rate.

A9-40. Place of Sale.

A9-41. Use Tax Rate.

A9-42. Adoption of Provisions of State Law.

5.12.c
Packet Pg. 436 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 9 of 14
Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein.

A9-43. Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

A9-44. Permit Not Required.

5.12.c
Packet Pg. 437 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 10 of 14
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this chapter.

A9-45. Exemptions and Exclusions.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

5. For the purposes of subsections (B)(3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or

5.12.c
Packet Pg. 438 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 11 of 14
lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this chapter the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

5.12.c
Packet Pg. 439 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 12 of 14
D. Any person subject to use tax under this chapter may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for, a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

A9-46. Amendments to State Law.

A9-47. Enjoining Collection Forbidden.

A9-48. Annual Audit; Citizens' Oversight.

C. To facilitate citizen oversight, the City Clerk shall create and maintain a registry of members of the public that elect to receive notice by email of the publication of the annual audit report.

The email notice shall be sent to all emails listed in the registry at least seven (7) days before the public meeting on the audit report and shall include the following:

1. A link to the audit report;

2. A link for submittal of comments on the audit report;

3. Notice of the Council meeting and any Council subcommittee meetings on the audit report, including the location, date, and time of each meeting; and

5.12.c
Packet Pg. 440 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 13 of 14

4. A note advising the recipient of the email that all comments received shall be made a part of the record and considered by the Council in any decision it makes pertaining to the audit report.

A9-49. Termination Date.

The authority to levy the tax imposed by this chapter shall expire on the 10th anniversary of the operative date.

SECTION 2. Adjustment of Appropriations Limit.

SECTION 3. CEQA.

SECTION 4. Severability.

SECTION 5. Effective Date.

This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon approval by the voters.

5.12.c
Packet Pg. 441 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA EXHIBIT 2
(Rev. 7/24) Page 14 of 14
Signatures on following page.
_______________________
David E. Hudson, Mayor
ATTEST:
________________________
Christina Franco, City Clerk
APPROVED AS TO FORM:
________________________
Martin Lysons, City Attorney

5.12.c
Packet Pg. 442 Attachment: Exhibit 2: Agreement for State Administration of City Transaction and Use Taxes (“Administrative Agreement”) (2024-119 : CDTFA RESOLUTION NO. 2024-120

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

AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND

USE TAX RECORDS
WHEREAS, pursuant to Ordinance Number 528 of the City of San Ramon (District), and Revenue and Taxation Code section 7270, the District entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of transactions and use taxes; and WHEREAS, the City Council of the District deems it desirable and necessary for authorized officers, employees and representatives of the District to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from, the sales or transactions and use tax records of the Department;

NOW, THEREFORE, THE CITY COUNCIL OF THE DISTRICT OF SAN RAMON HEREBY RESOLVES AS FOLLOWS:

Section 1. That the City Manager, Deputy City Manager, Finance Director, Finance Division Manager and Finance Program Manager, or other officer or employee of the District designated in writing by the City Manager to the California Department of Tax and Fee Administration is hereby appointed to represent the District with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department pursuant to the contract between the District and the Department.

Section 2. The information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to that contract, and for purposes related to the following governmental functions of the District:
(a) Budget Planning
(b) Economic Development
(c) Transportation Planning
The information obtained by examination of Department records shall be used only for those governmental functions of the District listed above.

Section 3. That Hinderliter, de Llamas and Associates (“HdL”) is hereby designated to examine the sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the District by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the District and HdL:

5.12.d
Packet Pg. 443 Attachment: B: Resolution No. 2024-120 –Authorizing Examination of Sales or Transactions and Use Taxes Records (2024-119 : CDTFA Filing a) has an existing contract with the District to examine those sales or transactions and use tax records; b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to the officer or employee authorized under Section 1 of this resolution to examine the information.
c) is prohibited by that contract from performing consulting services for a retailer during the term of that contract;
d) is prohibited by that contract from retaining the information contained in, or derived from those sales or transactions and use tax records, after that contract has expired.

BE IT FURTHER RESOLVED that the information obtained by examination of Department records shall be used only for purposes related to the collection of District transactions and use taxes by the Department pursuant to the contract between the District and the Department and for those purposes relating to the governmental functions of the District listed in section 2 of this resolution.

Introduced, approved and adopted this 10th day of December 2024.

ATTEST: (s) ___________________________
David E. Hudson, Mayor
I, Christina Franco, City Clerk of the City of San Ramon of San Ramon, California, DO HEREBY CERTIFY that the foregoing resolution was duly introduced, approved and adopted by the City Council of the District San Ramon, at a regular meeting of said City Council held on the 10th day of December, 2024, by the following roll-call vote:

Ayes:

Noes:

Absent:
(s)________________________________
Christina Franco, City Clerk

5.12.d
Packet Pg. 444 Attachment: B: Resolution No. 2024-120 –Authorizing Examination of Sales or Transactions and Use Taxes Records (2024-119 : CDTFA Filing

San Ramon City CouncilDecember 10, 2024

San Ramon City Council
December 10, 2024