agenda - tuesday, april 9, 2019 - san ramon, ca

COUNCIL AGENDA

April 9, 2019

WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE

ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON.

Bill Clarkson, Mayor Scott Perkins, Vice Mayor

David E. Hudson, Councilmember Phil O’Loane, Councilmember Sabina Zafar, Councilmember

Agenda Questions: Please call the City Clerk (925) 973-2539

Documents received after publication of this Agenda and considered by the City Council in its

deliberation will be available for inspection in the City Clerk’s office at 7000 Bollinger Canyon

Road, San Ramon during normal business hours and in the red binder at the Council meeting.

Council Chamber

7000 Bollinger Canyon Road

REGULAR MEETING – 7:00 PM

1. CALL TO ORDER/ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.2 If you wish to speak under Public Comment or regarding an agenda item, please

fill out a speaker card located in the back of the room and submit it to the City

Clerk.

3.3 Board, Committee and Commission Meetings

A complete list of upcoming meetings may be found on the City's website at:

www.sanramon.ca.gov

Subscription service is available at the link for automatic meeting notification.

Contact the City Clerk's office with questions, (925) 973-2539.

4. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with

a single action. Members of the audience wishing to provide public input may request that

the City Council remove the item from the Consent Calendar.

4.1 Minute Order No. – 2019-011 Ratifying the Architectural Review Board

Appointments

Recommendation: Approve Minute Order No. 2019-011

2 City Council Meeting – April 9, 2019

4.2 Resolution No. – 2019-033 Authorizing the Mayor to Execute an Agreement with

JD Partners Concrete for the Construction of the On-Call Concrete and

Miscellaneous Repairs, Including Curb Ramp, Sidewalk, Curb, Gutter, Driveway,

Valley Gutter Repair and Miscellaneous Repair, and Part of 2018/2019 Sidewalk

Repairs Project (CIP 5547) for the Period Between April 2019 and December

2019, in an Amount Not to Exceed $499,999

Resolution No. 2019-034 - Authorizing the Mayor to Execute an Agreement with

Rosas Brothers Construction for the Construction of the On-Call Concrete and

Miscellaneous Repairs, Including Curb Ramp, Sidewalk, Curb, Gutter, Driveway,

Valley Gutter Repair and Miscellaneous Repair, and Part of 2019/2019 Sidewalk

Repairs Project (CIP 5547) for the Period Between April 2019 and December

2019, in an Amount Not to Exceed $499,999

Recommendation: Approve Resolution Nos. 2019-033 and 2019-034.

4.3 Resolution No. – 2019-035 Describing New Improvements and Ordering the

District Engineer to Prepare and File the Landscaping & Lighting District No.

1984-1 Engineer's Report for FY 2019/20

Recommendation: Approve Resolution No. 2019-035

4.4 Resolution No. – 2019-036 Describing New Improvements and Ordering the

District Engineer to Prepare and File the Preserve Landscaping and Lighting

Assessment District Engineer's Report for FY 2019/20


4.5 Resolution No. – 2019-037 Authorizing the Mayor to Execute Amendment No. 1

to the Agreement with Grundfos CBS, Inc. for Pump Supplies and Service in an

Amount Not to Exceed $128,000 for a New Cumulative Agreement Amount Not

to Exceed $228,000, and Approve the Appropriation of $128,000 from the DV

CSA/General Fund to CIP 925478



to an Agreement with First Carbon Solutions for Professional Services and

Project Management Services to Complete an Update to the General Plan 2035

Economic Element, Associated Economic Development Strategic Plan and

Related Planning Documents for an Additional $8,600 for a Total Contract

Amount Not to Exceed $309,575, Including Reimbursables, and Appropriate

$8,600 from Fund 201, Planning Cost Recovery Fund to CIP 969003, General

Plan Update and Increase the Authorized Project Budget by $8,600, for a Total

CIP Project Budget of $339,575, and Extend the Term of the Contract to June 30,

2020.



5. SPECIAL PRESENTATIONS

5.1 Proclamation Designating April 2019 as Alcohol Awareness Month. Presented to

Discovery Counseling Center’s Prevention Coordinator Patty Hoyt by Mayor

Clarkson.

5.2 Recognition of the CyberSharks from California High School Winners of the Bay

Area Regional Competition and California Mayor's Cyber Cup. Presentation by

Mayor Clarkson.

5.3 Proclamation Declaring April 7-13, 2019 as “National Volunteer Week” and

Recognition of Outstanding City Lights Volunteers. Introduction by Program

Manager Becky Adams.

5.4 Recognition of the Spandana Spelling Bee 2019 Winners. Introduction by Hari

Moola. Presentation by Mayor Clarkson.

5.5 Recognition of Presidential Volunteer Certification Award Winners. Introduction

by Hari Moola. Presentation by Mayor Clarkson.

6. PUBLIC COMMENT

Members of the audience are encouraged to address the City Council on any non-agenda item.

However, no Council action can be taken at this meeting on issues raised during Public

Comment. All opinions are welcomed by the City Council. Please do not clap or jeer in

response to those opinions. Those wishing to have an item brought before the City Council for

consideration must request so during a City Council meeting. Upon Council approval, the item

will be placed on the Council Policy Committee Agenda for further consideration.

For the first round of Public Comment on non-agenda items, the first five people to submit Public

Comment cards to the City Clerk will have three minutes to address the Council on matters not

on the agenda. The Public Comment cards must be submitted to the City Clerk prior to the

commencement of the meeting. Any additional Public Commenters will be accommodated later

in the meeting.

7. DEFERRED CONSENT ITEMS

8. ADOPTION OF ORDINANCES

8.1 Ordinance 487 Adding Chapter XII - Inclusionary Housing (Residential

Development Projects), Sections C4-175 through 189, and Chapter XIII -

Affordable Housing Commercial Linkage Fee (Commercial Development

Projects), Sections C4-190 through 204, to Title C, Division C4 of the San Ramon

Municipal Code

Recommendation: Staff Recommends that the City Council Waive the Second

Reading and Read by Title Only, and Adopt Ordinance 487.


9. CITY COUNCIL APPOINTMENTS

9.1 Arts Advisory Committee Appointments

Staff Report by Parks & Community Services Director Kathi Heimann.

9.2 Library Advisory Committee Appointments


9.3 Senior Citizens' Advisory Committee Appointments


10. APPROVAL OF MINUTES

10.1 City Council - Regular Meeting - March 26, 2019 7:00 PM

11. UNFINISHED BUSINESS

12. NEW BUSINESS

12.1 Arts Advisory Committee Annual Report

Recommendation: Receive Report

Introduction by Program Manager Brad Morris. Presentation by Patrick Tuohy,

Arts Advisory Committee Member.

12.2 Public Hearing: Introduction of Ordinance (Next in Line)—An Ordinance of the

City Council of the City of San Ramon, Zoning Text Amendment (TA 19-410-

001) City Initiated Request, Amending Section D4-42 of Chapter IV of Division

D4 of the San Ramon Zoning Ordinance for the Regulation of Small Wireless

Facilities and Other Infrastructure Deployments.

Recommendation: Introduction of Ordinance, Waive the Reading, Open the

Public Hearing, Take Public Testimony, Close the Public Hearing, Provide

Feedback to Staff, and Set the Ordinance for Adoption at the April 23, 2019 City

Council Meeting.

Staff Report by City Attorney Martin Lysons.

13. CITY MANAGER COMMENTS

14. PUBLIC COMMENT

At this time, those in the audience are encouraged to address the City Council on any item not

already included in tonight’s agenda. No Council action can be taken at this meeting on issues

raised during Public Comment. Comments should not exceed three minutes. All opinions are

welcomed by the City Council. Please do not clap or jeer in response to those opinions. Those

wishing to have an item brought before the City Council for consideration must request so during

a City Council meeting. Upon Council approval, the item will be placed on the Council Policy

Committee Agenda for further consideration.


15. CITY COUNCIL MEMBERS' AND MAYOR'S COMMENTS

16. ADJOURNMENT

I hereby certify the attached City Council agenda was posted 72 hours before the noted meeting:

Dated: April 4, 2019


The agenda with links to minutes and staff reports is available on the City’s website:

www.sanramon.ca.gov

(Select “Meetings and Notices” from the Quick Links listing on the left.)

* * * * *

This Agenda is posted in accordance with Government Code Section 54954.2(a).

NOTE: This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting,

please contact the City Clerk 24 hours in advance of the meeting at 925-973-2539.

* * * * *

Information for public participation at Council meetings,

including the time limits for addressing the Council, is provided on the agenda.

Please complete the Speaker Card (“Request to Address the City Council”)

located at the back of the Council Chamber.

If you have any questions, please contact the City Clerk prior to the meeting.

* * * * *

Regular City Council meetings are broadcast on Contra Costa Television (CCTV)

(Channel 27) on Wednesdays at 7:00 p.m. and Thursdays at 1:00 p.m.

immediately following the meeting.

Regular City Council meetings are also broadcast on AT&T U-Verse (Channel 99).

Regular City Council meetings may also be viewed at

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http://www.sanramon.ca.gov/

http://sanramonca.iqm2.com/citizens/default.aspx

CITY COUNCIL STAFF REPORT

DATE: April 9, 2019

TO: City Council/City Manager

FROM: Debbie Chamberlain, Community Development Director

By: Cindy Yee, Senior Planner

SUBJECT: MINUTE ORDER NO. 2019-011 - Ratifying the Architectural Review

Board Appointments

RECOMMENDED ACTION

Staff recommends that the City Council approve this Minute Order ratifying the re-appointment

of one regular member and one alternate 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 Planning 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.

At the end of February 2019, one regular board member and one alternate board member terms

expired; the members continue to serve on the Board until the positions are filled. The City

Clerk listed the ARB vacancies on the City’s web site and the City’s official posting locations

soliciting applications for ARB. Three applications were received by the City Clerk for the

Architectural Review Board. The Community Development Director conducted interviews the

week of March 18th and recommends ratification of the re-appointment of David Gates and John

Nicol to the Architectural Review Board as a regular member and an alternate member,

respectively to serve a term ending February 2021.

FISCAL ANALYSIS

There is no fiscal impact as a result of a candidate appointment.

STEPS FOLLOWING APPROVAL Staff would notify David Gates and John Nicol of their re-appointment to the ARB to serve a

two year term through February 2021.

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DATE: April 9, 2019


FROM: Maria Fierner, Public Works Director

By: Daniel Chavarria, Senior Civil Engineer

SUBJECT: RESOLUTION NO. 2019-033 - Authorizing the Mayor to Execute an

Agreement with JD Partners Concrete for the Construction of the On-Call

Concrete and Miscellaneous Repairs, Including Curb Ramp, Sidewalk,

Curb, Gutter, Driveway, Valley Gutter Repair and Miscellaneous Repair,

and Part of 2018/2019 Sidewalk Repairs Project (CIP 5547) for the Period

Between April 2019 and December 2019, in an Amount Not to Exceed

$499,999

RESOLUTION NO. 2019-034 - Authorizing the Mayor to Execute an

Agreement with Rosas Brothers Construction for the Construction of the

On-Call Concrete and Miscellaneous Repairs, Including Curb Ramp,

Sidewalk, Curb, Gutter, Driveway, Valley Gutter Repair and Miscellaneous

Repair, and Part of 2019/2019 Sidewalk Repairs Project (CIP 5547) for the

Period Between April 2019 and December 2019, in an Amount Not to Exceed

$499,999

EXECUTIVE SUMMARY

In order to better facilitate the construction of sidewalk repairs and following City’s Purchase

Policy, staff released a Request for Qualifications and Proposals (RFQP) that includes

sufficiently high contract amounts for the normally anticipated work conducted under the

Sidewalk Repairs Project as well as some of the sidewalk work that has typically been done with

the Pavement Management Project, and other minor projects. The proposed amounts for the On-

Call Concrete and Miscellaneous Repairs is $499,999 per contract, which combines as-needed

concrete repairs and 2018/2019 Sidewalk Repairs Project (CIP 5547) - Phase 2 for Calendar

Year 2019; similar concrete work for the Pavement Management 2019 Project (CIP 5568);

anticipated concrete repairs related to Dougherty Valley tree removal efforts; and any other

needed concrete work at City parks. The City advertised the Project on February 14, 2019. Five

proposals were received on March 12, 2019. A panel of four City staff evaluated the proposals

and determined that the proposers that best fit the City’s needs were JD Partners Concrete and

Rosas Brothers Construction.

RECOMMENDED ACTION

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Staff recommends approval of these Resolutions authorizing the Mayor to execute an Agreement

with JD Partners Concrete for the construction of the On-Call Concrete and Miscellaneous

Repairs, for the period between April 2019 and December 2019, in an amount not to exceed

$499,999; and authorizing the Mayor to execute a similar Agreement with Rosas Brothers

Construction for the construction of the On-Call Concrete and Miscellaneous Repairs for the

period between April 2019 and December 2019, in an amount not to exceed $499,999.

Depending on funds available and contractors’ availability and responsiveness, the work will be

assigned to each contractor.


The Sidewalk Repairs Project is a biennial Citywide Project that replaces deteriorated curbs,

gutters, and sidewalks that are a safety concern within the City’s right-of-way. Any reported

damaged curb, gutter, or sidewalk is evaluated by staff to determine if it is a routine repair that

can be performed by the Public Works Department or if the repair requires the removal and

replacement of concrete. The concrete work requiring replacement is then added to a master list.

Staff has identified locations that require concrete repairs for curb ramps, sidewalks, curbs,

gutters and driveways, as well as other miscellaneous concrete repairs.

Traditionally, the City had executed contracts of $200,000 to $275,000 in concrete repairs to be

completed within two calendar years. However, for a time, the City experienced a lack of

contractors’ participation while bidding concrete repair and pavement treatment projects. In

2018, the City applied a different bidding strategy. To gain more interest and better unit costs

from concrete contractors, as well as to get an early start with the concrete work of the Pavement

Management Projects, the City advertised the On-Call Concrete and Miscellaneous Repairs

Project which combines the as-needed concrete repair quantities from the 2018/2019 Sidewalk

Repairs Project (CIP 5547) - Phase 1, and concrete quantities of the Pavement Management 2018

Project (CIP 5560) into a single contract. The City received eight bids and very competitive unit

costs.

Based on the experience gained in 2018, staff followed a similar strategy in 2019. The On-Call

Concrete and Miscellaneous Repairs and combines part of 2018/2019 Sidewalk Repairs Project

(CIP 5547) - Phase 2 as-needed concrete repairs, similar concrete work related to the Pavement

Management 2019 Project (CIP 5568), concrete repairs related to Dougherty Valley tree removal

efforts, and any other needed concrete work at City parks. This Project was advertised as a

Request for Qualifications and Proposals for many reasons: 1) because the quantity of work has

not been fully determined; 2) because the exact nature of all of the work has not been defined

and is unknown; and 3) because safety and workmanship in execution of the Project is of

paramount importance to the City. This process allowed staff to evaluate both the contractors

experience and cost basis. In order to ensure that all anticipated work is completed within the

contract period, staff recommends that two contracts be awarded. It is anticipated that the work

will be completed by December 31, 2019.

After an initial environmental review of the Project, staff filed a Notice of Exemption for the

Project with the Contra Costa County Clerk on January 29, 2018. Pursuant to Section 15301(c)

of Article 19, “Categorical Exemptions” of Chapter 3, “Guidelines for Implementation of the

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California Environmental Quality Act” of Division 6, “Resources Agency” of Title 14, “Natural

Resources” of the California Code of Regulations, the Project is exempt from the provisions of

CEQA.

When applicable and in accordance with the San Ramon Municipal Code, Ordinance No. 465,

staff will mail notification letters to property owners 30-days prior to the Work Order being

issued to the contractor. Per the Ordinance, the owner of real property adjoining any portion of a

sidewalk area shall maintain and repair the sidewalk area and shall pay the cost of such

maintenance and repair.

The property owner is given the following options when notification letters are sent out:

1) The property owner may request that the City make the required repairs. If the

property owner requests that the City make the repairs, the cost of the work

shall be apportioned and paid fifty percent (50%) by the property owner and

fifty percent (50%) by the City. Following completion of the repairs, the City

will issue the property owner an invoice for reimbursement.

2) The property owner may make the repairs. Repairs must start within 30 days

and be completed within 180 days of the notification letter. This process will

require property owner/owner’s contractor to apply for and obtain approval

for an Encroachment Permit. The City will not share the cost of repair work

done by owner/owner’s contractor.

As a courtesy to residents, locations that do not meet the criteria of Ordinance No. 465, are

repaired by the Public Services Division, shaved by Precision Concrete Cutting or, if there is no

safety concern, are inventoried and monitored by staff for possible future repairs. Since curb,

gutter, sidewalk, curb ramps, and driveways can be damaged at any time during the year,

resulting in a potentially unsafe condition, it is necessary to keep a contractor under contract with

the City who will be available to make repairs in a timely manner.

RFQP Results

The City advertised the On-Call Concrete and Miscellaneous Repairs Project on February 14,

2019 via Request for Qualifications and Proposals (RFQP). The RFQP was posted at City Hall,

the Community Centers, the Permit Center, the Dougherty Station Library, the Senior Center,

and on the City’s website, as well as plan rooms including QuestCDN, GSBE, Peninsula

Builders Exchange, and Construction Bid Board. Five proposals were received on March 12,

2019.

A panel of four City staff from the Public Works Department, Engineering Division evaluated

the proposals and ranked them based on experience and qualifications. The proposers’ names,

their rankings, and total proposal amounts are as follows:

Rank Contractor Total Proposal

1 JD Partners Concrete $422,900

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2 Rosas Brothers Construction $422,700

3 Kerex Engineering, Inc. $490,820

4 HM Construction, Inc. $456,018*

5 Yerba Buena Engineering and Construction, Inc. $550,490 * HM Construction did not provide a unit cost for item Tree Root Removal; therefore, the Total

Proposal amount does not include the cost of this item.

Staff recommends executing Agreements with two contractors. Depending on funds available

and contractors’ availability and responsiveness, the work will be assigned to each contractor.

Upon review of the proposals by the panel of City staff, JD Partners Concrete and Rosas

Brothers Construction were determined to be the proposers that best fit the City’s needs.

FISCAL ANALYSIS

The On-Call Concrete and Miscellaneous Repairs Project has an available budget of $218,400 in

Gas Tax/Measure J Funds for as-needed concrete repairs. All similar concrete work related to the

Pavement Management 2019 Project (CIP 5568) will be charged to CIP 5568. This amount is

estimated to be up to $160,000. CIP 5568 has sufficient funds available to commit with this

construction contract. Finally, any concrete repairs related to Dougherty Valley tree removal

efforts and any other needed concrete work at City parks will be paid for by their specific funds

and the work will be performed under one or both of these Agreements. The combined total of

these Agreements allows enough contracted work to include the concrete needs in the Dougherty

Valley area and City parks. As funds are being identified and becoming available, the work will

be assigned accordingly to one or both contractors.

STEPS FOLLOWING APPROVAL

The City Attorney’s Office will forward the contract Agreements to JD Partners Concrete and

Rosas Brothers Construction for execution. Upon receipt of the executed contract Agreements,

the required bonds, certificate of insurance, and a copy of a current City business license from

the contractors, the City Attorney’s Office will send a copy of the executed contract Agreements

and all attachments to the Public Works Engineering Services Division. A Notice to Proceed will

then be issued to begin construction and staff will then pursue the work to completion.

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RESOLUTION NO. 2019-033

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH JD

PARTNERS CONCRETE FOR THE CONSTRUCTION OF THE ON-CALL

CONCRETE AND MISCELLANEOUS REPAIRS, INCLUDING CURB RAMP,

SIDEWALK, CURB, GUTTER, DRIVEWAY, VALLEY GUTTER REPAIR AND

MISCELLANEOUS REPAIR, AND PART OF 2018/2019 SIDEWALK REPAIRS

PROJECT (CIP 5547) FOR THE PERIOD BETWEEN APRIL 2019 AND DECEMBER

2019, IN AN AMOUNT NOT TO EXCEED $499,999

WHEREAS, the City desires to construct the On-Call Concrete and Miscellaneous

Repairs Project; and

WHEREAS, a Notice of Exemption for the Project was filed with the Contra Costa

County Clerk pursuant to Section 15301(c) of the California Environmental Quality Act of 1970,

as amended; and

WHEREAS, on February 14, 2019, the City advertised a Request for Qualifications and

Proposals in accordance with the requirements of State Law and local Ordinances; and

WHEREAS, five (5) proposals were received on March 12, 2019; and

WHEREAS, staff evaluated the proposals and recommends executing Agreements with

two contractors to secure flexibility, availability and responsiveness; and

WHEREAS, JD Partners Concrete was determined to be one of two proposers that best

fit the City’s needs.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San

Ramon does hereby authorize the Mayor to execute an Agreement with JD Partners Concrete for

construction of the On-Call Concrete and Miscellaneous Repairs, in an amount not to exceed

$499,999.

PASSED, APPROVED AND ADOPTED at the meeting of April 9, 2019 by the

following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

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________________________

Bill Clarkson, Mayor

ATTEST:

_________________________

Christina Franco, City Clerk

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AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH

ROSAS BROTHERS CONSTRUCTION FOR THE CONSTRUCTION OF THE ON-

CALL CONCRETE AND MISCELLANEOUS REPAIRS, INCLUDING CURB RAMP,

SIDEWALK, CURB, GUTTER, DRIVEWAY, VALLEY GUTTER REPAIR AND

MISCELLANEOUS REPAIR, AND PART OF 2019/2019 SIDEWALK REPAIRS

PROJECT (CIP 5547) FOR THE PERIOD BETWEEN APRIL 2019 AND

DECEMBER 2019, IN AN AMOUNT NOT TO EXCEED $499,999

WHEREAS, the City desires to construct the On-Call Concrete and Miscellaneous

Repairs Project; and

WHEREAS, a Notice of Exemption for the Project was filed with the Contra Costa

County Clerk pursuant to Section 15301(c) of the California Environmental Quality Act of 1970,

as amended; and

WHEREAS, on February 14, 2019, the City advertised a Request for Qualifications and

Proposals in accordance with the requirements of State Law and local Ordinances; and

WHEREAS, five (5) proposals were received on March 12, 2019; and

WHEREAS, staff evaluated the proposals and recommends executing Agreements with

two contractors to secure flexibility, availability, and responsiveness; and

WHEREAS, Rosas Brothers Construction was determined to be one of two proposers

that best fit the City’s needs.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San

Ramon does hereby authorize the Mayor to execute an Agreement with Rosas Brothers

Construction for construction of the On-Call Concrete and Miscellaneous Repairs Project, in an

amount not to exceed $499,999.


following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

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________________________


ATTEST:

_________________________


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DATE: April 9, 2019



By: Julie Vargas, Senior Administrative Analyst

SUBJECT: RESOLUTION NO. 2019-035 - Describing New Improvements and Ordering

the District Engineer to Prepare and File the Landscaping & Lighting

District No. 1984-1 Engineer's Report for FY 2019/20

EXECUTIVE SUMMARY

Section 22622 of the Streets and Highways Code requires the order and preparation of an

Engineer’s Report prior to initiating proceedings to set the annual levy of assessments for any

Assessment District created under the Landscaping and Lighting Act of 1972.

RECOMMENDED ACTION

Staff recommends approval of this Resolution, describing new improvements and ordering the

District Engineer to prepare and file the Landscaping & Lighting District No. 1984-1 Engineer’s

Report for FY 2019/20.


Section 22622 of the Streets and Highways Code requires that the City Council order the

preparation of an Engineer’s Report prior to initiating proceedings to set the annual levy of

assessments for any Assessment District created under the Landscaping and Lighting Act of

1972. The Engineer’s Report details the expenditures necessary to provide Landscaping and

Lighting District services in the upcoming year. The Engineer’s Report also projects

Landscaping and Lighting District assessment revenues and reserve fund balances and assesses

their adequacy.

Landscaping and Lighting Act of 1972

The Landscaping & Lighting District No. 1984-1 (District) was formed in 1984 and has been re-

established each year according to the Landscaping and Lighting Act of 1972. This District

includes two Citywide Zones and seventeen Special Zones. Property owners within each zone

pay an annual assessment to fund the maintenance of public landscaping and street lighting

within that Zone. Such maintenance is performed through a combination of City staff and

contractors.

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Special Assessment Zones are created through a majority vote of the property owners, typically

at the time of development. The majority of the neighborhoods in San Ramon (excluding those in

the Dougherty Valley) are part of a Special Assessment Zone.

The assessment rates are different for each Special Zone, and are based upon the cost to maintain

the landscaping and amenities divided by the number of units in the Zone. Assessment revenues

from a Special Zone may only be spent on services for that Zone. Any unspent revenues in each

fiscal year are held in a reserve fund specific to each Zone.

In accordance with Proposition 218, the maximum assessment rate for each Zone can only be

increased through a majority vote of the property owners within that Zone. Property owners set a

maximum assessment rate, and the City then has the authority to raise or lower the assessment,

up to the maximum rate, depending upon the projected expenditures of the Zone for each

upcoming fiscal year. To set a new maximum assessment rate for a Zone, the City must mail

ballots to all property owners within the Zone, and a simple majority of the returned ballots must

approve the new rate.

Citywide Zones 1 and 2

Zone 1 includes all City-owned street lighting throughout the City except those properties

located in the Dougherty Valley. Zone 2 includes all public landscaping located throughout the

City except those properties located within the Dougherty Valley and Bishop Ranch. Dougherty

Valley is not in Zones 1 and 2 because costs for Dougherty Valley landscaping and street

lighting are covered by the County Service Area Assessment M-29 (CSA). Bishop Ranch is not

included in Zone 2 because of the Bishop Ranch Annexation Agreement, which states that

Sunset Development pays for all public roadside landscaping costs within Bishop Ranch, except

for the City-owned City Center parcels.

In spring of 2006, property owners approved a ballot, which allows for an annual adjustment in

the maximum assessment rates for the two Citywide zones - Citywide Lighting (Zone 1) and

Citywide Landscaping (Zone 2) - based on the Consumer Price Index - All Urban Consumers for

the San Francisco/Oakland/San Jose area (CPI), not to exceed +2%. Since then, the Zone 1 and 2

maximum assessment rates have been raised by the allowable CPI.

Special Zones (Zones 3 through 19)

Property owners within each of the seventeen Special Zones pay a Special Zone Assessment in

addition to the assessments for the two Citywide Zones. Revenues from a Special Zone

Assessment are used to maintain public landscaping that is deemed to be of special benefit to the

properties within that Zone. Typically, this includes the public landscaping (trees, turf, mulch,

and groundcover) within and along the perimeter of the Zone, and other special amenities such as

fountains, decorative lights, and soundwalls within the interior of the neighborhood.

The cost for arterial roadside landscaping and amenities directly adjacent to, or associated with, a

Special Zone is funded partially (30%) by the Citywide Landscaping Zone 2 and partially (70%)

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through the adjacent Special Assessment Zone. Citywide Landscaping Zone 2 funds 100% of the

landscaping in arterial center medians.

The current maximum rates for Zones 3, 4, and 6 through 12 were set through a mailed ballot

election in May 1997. The maximum rate for Zone 5 was set through a special ballot election in

July 1997. Zones 13 through 19 were created after 1997, and their maximum assessment rates

were established through property owner balloting at the time of their creation.

During the formation and balloting process for Zone 18 (Old Ranch Summit) and Zone 19 (Glass

House) property owners also approved the maximum rate may be increased by up to 2% each

year based upon changes in the CPI.

New Units

New units anticipated for inclusion in the FY 2019/20 tax roll are primarily located in The

Preserve (Faria) development. Lots with foundations poured prior to the end of FY 2018/19 will

be included in the FY 2019/20 tax roll. The number of foundations poured within the timeframe

described is unknown at this time.

New and Substantial Changes/Improvements

Modest new improvements have been or will be constructed with the Preserve project (Faria) in

FY 2019/20. The new improvements will consist of new street lighting, associated poles, and

minor landscape improvements. The timing of acceptance of these improvements is governed by

the Developers schedule. Other scheduled work will consist primarily of repairs, replacements,

and modifications to existing improvements. The most significant modifications or repairs are

expected to be:

1) Refurbishment of the Canyon Lakes Fountain (Zone 3) or replacement of the fountain

with new landscaping

2) Landscape modifications in various locations

3) Street light relamping and traffic signal pole painting

4) General improvements to irrigation systems

FY 2019/20 Reserve Study Update

Staff updates the Reserve Study annually to determine the adequacy of the reserve funds for the

two Citywide Zones and each of the seventeen Special Zones. The Finance Committee will

review the updated Reserve Study, including proposed upgrade and renovation projects, on April

22, 2019. Staff will present the Finance Committee recommendations to City Council for

approval on May 14, 2019.

FISCAL ANALYSIS

There is no immediate fiscal impact associated with ordering the preparation and filing of the

Engineer’s Report. Staff will prepare the Engineer’s Report, which will be the basis for the

assessment of parcels located within Landscaping & Lighting District No. 1984-1. The

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associated costs, as well as revenues from this levy, will be presented to the City Council for

review and will be included in the proposed FY 2019/20 Operating Budget and Capital Budget

of the Five-Year Capital Improvement Program.


1. Finance Committee reviews the Reserve Study and makes recommendations for approval by

City Council - April 22, 2019.

2. City Council approves the Engineer’s Report for FY 2019/20, adopts a Resolution of

Intention to levy and collect assessments for FY 2019/20, and sets a Public Hearing for June

11, 2019 - May 14, 2019.

3. Conduct Public Hearing, and adopt a Resolution confirming the diagram and assessments

and levying the assessments for FY 2019/20 - June 11, 2019.

4. File the final Engineer’s Report, together with the assessment roll and the assessment

diagram, with the Contra Costa County Assessor’s Office by August 10, 2019.

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DESCRIBING NEW IMPROVEMENTS AND ORDERING THE DISTRICT ENGINEER

TO PREPARE AND FILE THE LANDSCAPING & LIGHTING DISTRICT NO. 1984-1

ENGINEER'S REPORT FOR FY 2019/20

WHEREAS, Section 22622 of the Streets and Highways Code requires that the City

Council order the preparation of an Engineer’s Report prior to initiating proceedings to set the

annual levy of assessments for any Assessment District created under the Landscaping and

Lighting Act of 1972.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San

Ramon does hereby order the District Engineer to prepare and file the Landscaping & Lighting

District No. 1984-1 Engineer’s Report for Fiscal Year 2019/20.


following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________


ATTEST:

________________________


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DATE: April 9, 2019



By: Robin Bartlett, Division Manager/District Engineer

SUBJECT: RESOLUTION NO. 2019-036 - Describing New Improvements and Ordering

the District Engineer to Prepare and File the Preserve Landscaping and

Lighting Assessment District Engineer's Report for FY 2019/20

EXECUTIVE SUMMARY

Section 22622 of the Streets and Highways Code requires the order and preparation of an

Engineer’s Report prior to initiating proceedings to set the annual levy of assessments for any

Assessment District created under the Landscaping and Lighting Act of 1972.

RECOMMENDED ACTION

Staff recommends approval of this Resolution, describing new improvements and ordering the

District Engineer to prepare and file The Preserve Landscaping and Lighting Assessment District

Engineer’s Report for FY 2019/20.


Section 22622 of the Streets and Highways Code requires that the City Council order the

preparation of an Engineer’s Report prior to initiating proceedings to set the annual levy of

assessments for any Assessment District created under the Landscaping and Lighting Act of

1972. The Engineer’s Report details the expenditures necessary to provide Landscaping and

Lighting District services in the upcoming year. The Engineer’s Report also projects

Landscaping and Lighting District assessment revenues and reserve fund balances and assesses

their adequacy.

Landscaping and Lighting Act of 1972

The Preserve Landscaping and Lighting Assessment District (District) was formed on March 13,

2018, Resolution No. 2018-033, to fund the proposed public landscaping program associated

with the Preserve (Faria) Development. Property owners within the District will pay an annual

assessment to fund the maintenance of public landscaping. Such maintenance is performed

through a combination of City staff and contractors. The annual maximum allowed assessment

for the District includes an increase by the greater of 2% or the Consumer Price Index.

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Landscaping and Lighting Districts and associated Special Assessment Zones are created

through a majority vote of the property owners, typically at the time of development. The

majority of the neighborhoods in San Ramon (excluding those in the Dougherty Valley) are part

of a Landscaping and Lighting District 1984-01 and their associated Special Assessment Zones.

The assessment rates for the District are based upon the cost to maintain the landscaping and

amenities divided by the number of units in the District. Assessment revenues for the District

may only be spent on services for that Zone. Any unspent revenues in each fiscal year are held in

a reserve fund specific to the District.

In accordance with Proposition 218, the maximum assessment rate for the District can only be

increased through a majority vote of the property owners within the District. Property owners set

a maximum assessment rate, and the City then has the authority to raise or lower the assessment,

up to the maximum rate, depending upon the projected expenditures of the District for each

upcoming fiscal year. To set a new maximum assessment rate for the District, the City must mail

ballots to all property owners within the District, and a simple majority of the returned ballots

must approve the new rate.

Citywide Zones 1 and 2

The Preserve Development was also annexed into the Landscaping and Lighting District 1984-1

Citywide Zones 1 and 2. Improvements related to that area are discussed separately in the reports

for that District.

New Units

New units are being rapidly constructed within the District boundaries. Lots with foundations

poured prior to the end of FY 2018/19 will be included in the FY 2019/20 tax roll. The number

of foundations poured within the timeframe described is unknown at this time.

New Improvements

1) All improvements that will be maintained by the District in the Fiscal Year 2019/20 will

be constructed by the Preserve developer per the approved project plans and will be

transferred for ownership to the City. . The new improvements will consist of landscape

improvements located along Faria Preserve Parkway with minor improvements located

on Purdue Road and Bollinger Canyon Road, immediately adjacent to the project. The

timing of acceptance of these improvements is governed by the Developers schedule.

FY 2019/20 Reserve Study Update

Staff updates the Reserve Studies for all Special Districts annually to determine the adequacy of

the reserve funds. Staff will present the Finance Committee recommendations to City Council for

the approval of the Engineer’s Report on May 14, 2019.

FISCAL ANALYSIS

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There is no immediate fiscal impact associated with ordering the preparation and filing of the

Engineer’s Report. Staff will prepare the Engineer’s Report, which will be the basis for the

assessment of parcels located within The Preserve Landscaping and Lighting Assessment

District. The associated costs, as well as revenues from this levy, will be presented to the City

Council for review and will be included in the proposed FY 2019/20 Operating Budget and

Capital Budget of the Five-Year Capital Improvement Program.


1. Finance Committee reviews the Reserve Study and makes recommendations for approval by

City Council - April 22, 2019.

2. City Council approves the Engineer’s Report for FY 2019/20, adopts a Resolution of

Intention to levy and collect assessments for FY 2019/20, and sets a Public Hearing - May

14, 2019.

3. Conduct Public Hearing, and adopt a Resolution confirming the diagram and assessments

and levying the assessments for FY 2019/20 - June 11, 2019.

4. File the final Engineer’s Report, together with the assessment roll and the assessment

diagram, with the Contra Costa County Assessor’s Office by August 10, 2019.

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DESCRIBING NEW IMPROVEMENTS AND ORDERING THE DISTRICT ENGINEER

TO PREPARE AND FILE THE PRESERVE LANDSCAPING AND LIGHTING

ASSESSMENT DISTRICT ENGINEER'S REPORT FOR FY 2019/20

WHEREAS, Section 22622 of the Streets and Highways Code requires that the City

Council order the preparation of an Engineer’s Report prior to initiating proceedings to set the

annual levy of assessments for any Assessment District created under the Landscaping and

Lighting Act of 1972.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San

Ramon does hereby order the District Engineer to prepare and file The Preserve Landscaping and

Lighting Assessment District Engineer’s Report for Fiscal Year 2019/20.


following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________


ATTEST:

________________________


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DATE: April 9, 2019



By: Sandy Martin, Program Manager

SUBJECT: RESOLUTION NO. 2019-037 - Authorizing the Mayor to Execute

Amendment No. 1 to the Agreement with Grundfos CBS, Inc. for Pump

Supplies and Service in an Amount Not to Exceed $128,000 for a New

Cumulative Agreement Amount Not to Exceed $228,000, and Approve the

Appropriation of $128,000 from the DV CSA/General Fund to CIP 925478

EXECUTIVE SUMMARY

In February of 2019, an agreement with Grundfos CBS, Inc. (Grundfos) was executed at City

Manager signature level for pump supplies and service in an amount not to exceed $100,000

through June 30, 2021. Grundfos currently performs work throughout the City’s aquatic

facilities particularly the City’s display fountains. On March 10, 2019, staff was notified by the

City’s routine fountain maintenance contractor that the 100 HP main display pump serving the

Bollinger Fountain had failed, located on Bollinger Canyon Road between Canyon View Circle

and South Chanterella Drive. The pump and motor were evaluated and it was determined that

the equipment could not be repaired. An amendment is necessary at this time in order for

Grundfos to replace the pump by this summer.

RECOMMENDED ACTION

Staff recommends adoption of this Resolution authorizing the Mayor to execute Amendment No.

1 to the Agreement with Grundfos CBS, Inc. for pump supplies and service in an amount not to

exceed $128,000 for a new cumulative agreement amount not to exceed $228,000 and approve

the appropriation of $128,000 from the DV CSA/General Fund to CIP 925478.


The display pump and motor assembly serving the Bollinger Fountain is the largest in the City’s

inventory, pumping 6,800 gallons of water per minute when the display is running. The pump

and motor are original to the fountain, which was commissioned in 2002. During the fountain’s

17 years, the pump and motor have been repaired twice.

The City performs routine maintenance on the fountain equipment, but it is difficult to determine

exactly when a piece of equipment will fail. Fountain equipment is included in the Building

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Maintenance and Renovation Plan and programmed in the Five-Year Capital Improvement

Program for maintenance and replacement. The Bollinger Fountain pump and motor are

currently scheduled for replacement in the Plan in FY 2020/21, based upon its life cycle.

After the notification of the pump failure on March 10, 2019, staff requested that Grundfos

inspect the pump and motor. The inspection was completed to determine the extent of the

damage and to determine if a temporary repair would be possible. Based upon the condition of

the equipment, and the location of the damage, it was determined that the equipment was too old

and worn for any type of repair. Staff immediately posted the status of this fountain on the

City’s website, on the City’s social media, and at the fountain.

Due to the popularity of this fountain, especially for wedding, prom, and graduation photograph

opportunities, staff is requesting additional funding at this time instead of waiting until the FY

2019/20 CIP budget approvals with funds available July 1, 2019. There is a 10-week lead time to

order the new pump and motor.

Grundfos has been providing repair and replacement services for the City of San Ramon for

approximately 15 years. In addition, Grundfos manufactured the Paco pumps and motors that

were installed in the City’s display fountains during their construction. Due to their expertise,

staff deems Grundfos a sole source provider for Paco pump supplies, evaluation, service and

replacement.

FISCAL ANALYSIS

The current Agreement is in an amount not to exceed $100,000 through June 30, 2021. The

Bollinger Fountain main display pump replacement was quoted at $103,000. Staff recommends

adding a $25,000 contingency for any unforeseen additional work. If approved, Amendment No.

1 would be in a cumulative amount not to exceed $228,000.

The replacement of the Bollinger Fountain pump and motor is currently included in the Five-

Year Capital Improvement Program as part of CIP 925478, programmed for replacement in FY

2020/21. Maintenance of the Bollinger Fountain is funded by the DV CSA Fund/General Fund.

Staff is requesting that funding be reallocated from FY 2020/21 to FY 2018/19 to complete the

replacement project, resulting in an appropriation of $128,000 from the DV CSA Fund/General

Fund. With this appropriation and the current funding in the CIP Project, there is sufficient

funding to complete this repair.


The City will forward Amendment No. 1 to Grundfos. Copies of the executed agreements shall

be forwarded to the Public Works Department. The pump and motor will be ordered

immediately, with a 10-week lead time to receive the equipment. Anticipated repair date is July

31, 2019. The Public Works Department will continue to monitor the performance of Grundfos

throughout the remainder of the Agreement.

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AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE

AGREEMENT WITH GRUNDFOS CBS, INC. FOR PUMP SUPPLIES AND SERVICE

IN AN AMOUNT NOT TO EXCEED $128,000 FOR A NEW CUMULATIVE

AGREEMENT AMOUNT NOT TO EXCEED $228,000, AND APPROVE THE

APPROPRIATION OF $128,000 FROM THE DV CSA/GENERAL FUND TO CIP 925478

WHEREAS, the City of San Ramon has a need for a qualified contractor to continue to

provide pump supplies, evaluation, service and replacement; and

WHEREAS, the City of San Ramon has an existing agreement with Grundfos CBS, Inc. to

provide pump supplies and service; and

WHEREAS, Grundfos CBS, Inc. is uniquely qualified to provide these services due to

their experience with the City of San Ramon’s aquatic equipment and general industry expertise;

and

WHEREAS, Grundfos manufactured the Paco pumps and motors that were installed in the

City’s display fountains during their construction; therefore, due to their expertise, Grundfos is

deemed a sole source provider for Paco pump supplies, evaluation, service and replacement; and

WHEREAS, the City of San Ramon will exhaust the original agreement total due to

additional services needed for the replacement of the Bollinger Fountain main display pump and

motor as part of CIP 925478; and

WHEREAS, the cost to replace the Bollinger Fountain main display pump and motor is

$128,000 including contingency; and

WHEREAS, CIP 925478, funded by the DV CSA Fund/General Fund, has insufficient

funds to cover the costs of the display pump and motor replacement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San

Ramon does hereby authorize the Mayor to execute Amendment No. 1 to the Agreement with

Grundfos CBS, Inc. for pump supplies and service in an amount not to exceed $128,000 for a

new cumulative agreement amount not to exceed $228,000 and approve the appropriation of

$128,000 from the DV CSA/General Fund to CIP 925478.


following votes:

AYES:

NOES:

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ABSENT:

ABSTAIN:

________________________


ATTEST:

________________________


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DATE: April 9, 2019



By: Debbie Chamberlain, Community Development Director

SUBJECT: RESOLUTION NO. 2019-038 - Authorizing the Mayor to Execute

Amendment No. 4 to an Agreement with First Carbon Solutions for

Professional Services and Project Management Services to Complete an

Update to the General Plan 2035 Economic Element, Associated Economic

Development Strategic Plan and Related Planning Documents for an

Additional $8,600 for a Total Contract Amount Not to Exceed $309,575,

Including Reimbursables, and Appropriate $8,600 from Fund 201, Planning

Cost Recovery Fund to CIP 969003, General Plan Update and Increase the

Authorized Project Budget by $8,600, for a Total CIP Project Budget of

$339,575, and Extend the Term of the Contract to June 30, 2020.

RECOMMENDED ACTION

Staff recommends the City Council adopt the Resolution authorizing the Mayor to execute

Amendment No. 4 to an Agreement with First Carbon Solutions for Professional Services and

Project Management Services.


The contract with First Carbon Solutions (FCS) for professional services to update the General

Plan 2035 Economic Element and Economic Development Strategic Plan (EDSP) was

authorized by the City Council on September 27, 2017 in an amount not to exceed $222,645,

including reimbursables. The first amendment was authorized on October 10, 2017 for a

supplemental fiscal impact analysis to assist in developing the preferred alternative, and the

second amendment on April 3, 2018 related to project management changes with no additional

funding requested. The third amendment was authorized by the City Council on August 28, 2018

to conduct the site capacity analysis for BR-2600 to determine the number of housing units that

could reasonably be accommodated on the site in order to inform an update to the Housing

Element of the General Plan, along with a transportation analysis associated with the relocated

units.

Based upon the revised schedule, the General Plan Amendment was processed separately from

the Economic Strategic Development Plan. This change in schedule necessitated additional work

by the consultant to prepare the necessary redlined versions for adoption. The cost for the

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additional work is $8,600, for a total contract amount not to exceed $309,575, including

reimbursables. A request to extend the term of the contract to June 30, 2020 is also requested.

FISCAL IMPLICATIONS

There will be no fiscal impact on the General Fund. The amendment will be funded, with an

additional $8,600 allocated from Fund 201, Planning Cost Recovery Fund, for a Total CIP

Project Budget of $339,575.


Staff will finalize the contract amendment with First Carbon Solutions for execution.

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AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 4 TO AN

AGREEMENT WITH FIRST CARBON SOLUTIONS FOR PROFESSIONAL

SERVICES AND PROJECT MANAGEMENT SERVICES TO COMPLETE AN

UPDATE TO THE GENERAL PLAN 2035 ECONOMIC ELEMENT, ASSOCIATED

ECONOMIC DEVELOPMENT STRATEGIC PLAN AND RELATED PLANNING

DOCUMENTS FOR AN ADDITIONAL $8,600 FOR A TOTAL CONTRACT AMOUNT

NOT TO EXCEED $309,575, INCLUDING REIMBURSABLES, AND APPROPRIATE

$8,600 FROM FUND 201, PLANNING COST RECOVERY FUND TO CIP 969003,

GENERAL PLAN UPDATE AND INCREASE THE AUTHORIZED PROJECT BUDGET

BY $8,600, FOR A TOTAL CIP PROJECT BUDGET OF $339,575, AND EXTEND THE

TERM OF THE CONTRACT TO JUNE 30, 2020.

WHEREAS, on September 27, 2016, the City executed a contract for professional

services to assist City Planning staff to complete an update to the General Plan 2035 Economic

Element, associated Economic Development Strategic Plan and related planning documents, in

an amount not to exceed $222,645, including reimbursables; and $30,000 in staff time, for a total

commitment of $252,645; and

WHEREAS, based upon feedback and the recommendations of the Planning

Commission of the three retail alternatives, additional fiscal analysis is required to assess the

economic benefits of each alternative; and

WHEREAS, on October 10, 2017, the City Council authorized a contract amendment for

an amount not to exceed $47,675, with a total contract amount not to exceed $270,320, including

reimbursables; and

WHEREAS, on April 3, 2018, FCS requested Contract Amendment #2 relating to

Project Management Services and no additional funding was requested; and

WHEREAS, on July 31, 2018 and August 18, 2018, FCS requested a contract

amendment for a site capacity analysis to determine the number of housing units that could

reasonably be relocated within the City, along with the associated transportation analysis

associated, for a combined amount not to exceed $30,655, with a total contract amount not to

exceed $300,975, including reimbursables; and

WHEREAS, on March 18, 2019 FCS requested a contract amendment for additional

work associated with the modified schedule for completing the proposed update for an amount

not to exceed $8,600, with a total contract amount not to exceed $309,575, including

reimbursables; and

WHEREAS, there will be no fiscal impact on the General Fund because the study is

funded by Fund 201, Planning Cost Recovery Funds and CIP 969003.

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Ramon does hereby authorize the Mayor to execute Amendment No. 4 to an agreement with FCS

for professional and project management services, in an amount not to exceed $309,575,

including reimbursables, and extend the term to June 30, 2020.


Ramon does hereby authorize the Mayor to execute Amendment No. 4 to an agreement with

First Carbon Solutions to update the General Plan 2035 Economic Element, associated Economic

Development Strategic Plan and related planning documents, and project management services,

in an amount not to exceed $309,575, including reimbursables, and appropriate $8,600 from

Fund 201, Planning Cost Recovery Fund to CIP 969003, General Plan Update, for a total project

budget of $339,575, and extend the term to June 30, 2020.

PASSED, APPROVED, AND ADOPTED at the meeting of April 9, 2019, by the

following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________


ATTEST:

________________________


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DATE: April 9, 2019



By: Cindy Yee, Senior Planner

SUBJECT: ORDINANCE 487 - Adding Chapter XII - Inclusionary Housing

(Residential Development Projects), Sections C4-175 through 189, and

Chapter XIII - Affordable Housing Commercial Linkage Fee (Commercial

Development Projects), Sections C4-190 through 204, to Title C, Division C4

of the San Ramon Municipal Code

RECOMMENDED ACTION

Staff recommends that the City Council waive the second reading and read by title only, and

adopt the Ordinance.


On March 12, 2019, the City Council heard a staff report regarding the Inclusionary Housing

Ordinance and Affordable Housing Commercial Linkage Fee Ordinance. The City Council

introduced the Ordinance (next in line), waived the reading and read by title only, and opened the

public hearing. The City Council discussed the concerns raised by the late communication

received from Miller Star Regalia representing TRC Retail. The Council continued the public

hearing to March 26th to allow time for Miller Star Regalia to obtain information regarding the

feasibility of development on their property and the impact of the Ordinances to such

development. On March 26, 2019, the Council deliberated on the proposed Inclusionary

Housing Ordinance and Affordable Housing Commercial Linkage Fee Ordinance. Following

discussion, the Council closed the public hearing and moved to set the Ordinance for adoption at

their next regularly scheduled City Council Meeting on April 9, 2019.

FISCAL ANALYSIS

The adoption of the Inclusionary Housing Ordinance and Affordable Housing Commercial

Linkage Fee Ordinance will result in the generation of inclusionary housing fees paid by private

developments and repayment of financial assistance by below-market rate (BMR) property

owners and deposited into the Affordable Housing Fund. Upon adoption of the Ordinances and

City Fee Resolution as well as establishing the priority use of the Fund, the City will determine

the annual budget allocation for the Fund including costs associated with operating housing

programs and administration.

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The Ordinance shall be posted in three (3) places in the City of San Ramon within fifteen (15)

days after adoption. The Ordinance shall be effective thirty (30) days after adoption.

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ORDINANCE 487

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAMON ADDING

CHAPTER XII - INCLUSIONARY HOUSING (RESIDENTIAL DEVELOPMENT

PROJECTS), SECTIONS C4-175 THROUGH 189, AND CHAPTER XIII -

AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE (COMMERCIAL

DEVELOPMENT PROJECTS), SECTIONS C4-190 THROUGH 204, TO TITLE C,

DIVISION C4 OF THE SAN RAMON MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN as follows:

SECTION I: CHAPTER XII, Inclusionary Housing (Residential Development Projects) is

hereby added to Title C, Division C4 of the San Ramon Municipal Code to read:

CHAPTER XII

Inclusionary Housing (Residential Development Projects)

Section C4-175. Basis and Purpose.

In enacting the Ordinance codified in this Chapter, the City Council finds as follows:

A. The Legislature of the State of California has found that the availability of housing is of vital

statewide importance, and that providing decent housing for all Californians requires the

cooperative participation of government and the private sector. The Legislature has further

found that local governments have a responsibility to use the powers vested in them to make

adequate provisions for the housing needs of all economic segments of the community. This

Chapter is intended to utilize the police powers of the City of San Ramon, a Charter City, to

enhance the public welfare by making adequate provision for the housing needs of all

economic segments of the community through exercise of its land use authority in approving

residential development projects. This Chapter will ensure that market-rate housing

mitigates its impacts on the need for affordable housing by establishing policies which

require the development of housing affordable to households of very low-, low-, and

moderate-incomes, assist in meeting the City’s share of the region’s housing need, and help

implement the goals, policies, and objectives of the General Plan and the Housing Element.

B. The Housing Element of the City’s General Plan has a goal of encouraging the development

of affordable housing to help meet the City’s assigned share of the regional housing need and

has adopted a policy of encouraging the development of a diverse housing stock that provides

a range of affordability levels. To implement this goal, the City has committed to increase

the production of affordable units at all income levels; in part through production of the on-

site construction and payment of affordable housing fees to the City to be used for

development of very low-, low-, and moderate-income households. This Chapter provides

alternatives that allow for creativity in achieving the overall goal of producing and retaining

affordable units.

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C. Land prices are a key factor preventing development of new affordable housing. New

housing construction in the City which does not include affordable units aggravates the

existing shortage of affordable housing by absorbing the supply of available residential land.

This reduces the supply of land for affordable housing and increases the price of remaining

residential land. Providing the affordable units and affordable housing fees required by this

Chapter will help to ensure that part of the City’s remaining developable land is used to

provide affordable housing. At the same time, new market-rate housing contributes to the

demand for goods and services in the City, increasing local service employment at wage

levels which often do not permit employees to afford housing in the City. The “Development

Fee Study”, prepared in 2017 (the “Nexus Study”), prepared by Keyser-Marston Associates

(KMA), quantifies the impacts of new market-rate units on the need for affordable housing in

the City and the justified affordable housing fees to mitigate those impacts. The affordable

housing fees authorized by this Chapter are required to be reasonably related to the need for

affordable housing associated with market-rate housing as demonstrated by the most current

Nexus Study.

D. An economically-balanced community is only possible if part of the new housing built in the

City is affordable to households with limited incomes. Requiring builders of new housing to

include some affordable housing is fair, not only because new development without

affordable units contributes to the shortage of affordable housing but also because Zoning

and other Ordinances concerning new housing production in the City should be consistent

with the community’s goal of fostering an adequate supply of housing for households at all

affordability levels and should address the need for affordable housing related to market-rate

housing production. This is particularly true of very low-income housing. The City of San

Ramon Regional Housing Need Allocation (RHNA) for the period 2014-2022 requires

facilitating the development of 516 new very low-income units and 279 new low-income

units. As of 2017, only 102 such units have been created.

E. The City is experiencing the loss of affordable housing due to the expiration of covenants

restricting rents in some affordable housing developments. Affordable housing fees may

provide a source of financing to enable the City to preserve existing affordable housing that

would otherwise be lost.

F. The limited production of rental housing and the displacement of rental housing units

through conversions to residential condominiums reduce the City’s rental housing supply,

which causes increased rental housing costs and decreased housing affordability. The

provision of affordable units within residential condominium conversion projects provides

affordable housing ownership opportunities that help offset the loss of affordable rental units.

Section C4-176. Definitions.

As used in this Chapter, each of the following terms shall be defined as follows:

“Accessory dwelling unit” shall have the same meaning as that term defined in Title D of the

San Ramon Municipal Code.

“Affordable ownership cost” means a sales price resulting in projected average monthly

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housing payments, during the first calendar year of a household’s occupancy, including but

not limited to interest, principal, mortgage insurance, property taxes, homeowners’ insurance,

homeowners’ association dues, if any, and a reasonable allowance for utilities, property

maintenance, and repairs, not exceeding the following:

1. Very low-income households: 50 percent of the annual area median income, adjusted

for assumed household size based on unit size, multiplied by 30 percent and divided

by 12.

2. Low-income households: 80 percent of the annual area median income, adjusted for

assumed household size based on unit size, multiplied by 30 percent and divided by

12.

3. Moderate-income households: 120 percent of the annual area median income,

adjusted for assumed household size based on unit size, multiplied by 30 percent and

divided by 12.

“Affordable rent” means monthly rental housing expenses, including all fees for housing

services and a reasonable allowance for utilities, not exceeding the following:

1. Extremely low-income households: 30 percent of the annual area median income,


divided by 12.

2. Very low-income households: 50 percent of the annual area median income, adjusted

for assumed household size based on unit size, multiplied by 30 percent and divided

by 12.

3. Low-income households: 80 percent of the annual area median income, adjusted for

assumed household size based on unit size, multiplied by 30 percent and divided by

12.

4. Moderate-income households: 120 percent of the annual area median income,


divided by 12, but in no event greater than market rent.

“Affordable units” means living units which are required under this Chapter to be rented at

affordable rent or available at an affordable ownership cost to eligible households.

“Applicant” means any person, firm, partnership, association, joint venture, corporation, or any

entity or combination of entities that seeks City real property residential development permits or

approvals.

“Area median income” means median income for Contra Costa County, adjusted for household

size, as published pursuant to California Code of Regulations, Title 25, Section 6932 and

California Health and Safety Code section 50093 as may be amended.

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“Assumed household size” means one person in a studio apartment, two persons in a one-

bedroom unit, three persons in a two-bedroom unit, and one additional person for each additional

bedroom thereafter, unless a federal standard applicable to the development requires the use of a

different assumed household size, in which case the federal standard shall apply.

“Construction cost index” means the Engineering News Record McGraw-Hill Construction

Weekly Building Cost Index for San Francisco. If that index ceases to exist, the Community

Development Director shall substitute another construction cost index which in his or her

judgment is as nearly equivalent to the original index as possible.

“Eligible buyer” means an eligible household qualified to purchase an affordable unit.

“Eligible household” means a household whose household income (as defined) does not exceed

the maximum specified for a very low-, low-, or moderate-income household as applicable for a

given affordable unit.

“First approval” means the first of the following approvals to occur with respect to a residential

project: development plan approval, subdivision approval, land use permit approval, design

review approval, other discretionary land use approval, or building permit.

“For-sale project” means a residential project, or portion thereof, that includes the creation of

two or more residential living units that may be sold individually, including a condominium,

stock cooperative, community apartment, or attached or detached single-family home. A for-sale

project also includes a residential condominium conversion project and the creation of residential

living units that may be sold individually, but are initially rented rather than sold.

“Household income” means the combined adjusted gross income for all adult persons living in a

living unit as calculated for the purpose of the Section 8 Program under the United States

Housing Act of 1937, as amended, or its successor provision.

1. “Extremely low-income household” means a household whose income does not

exceed the extremely low-income limits pursuant to the published standard.

2. “Very low-income household” means a household whose income does not exceed the

very low-income limits pursuant to the published standard.

3. “Low income-household” means a household whose income does not exceed the low-

income limits pursuant to the published standard.

4. “Moderate-income household” means a household whose income does not exceed the

moderate-income limits pursuant to the published standard.

“Market-rate units” means new living units in residential projects which are not affordable units

(as defined).

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“Rental project” means a residential project, or portion thereof, that creates living units that

cannot be sold individually, except that construction of any accessory dwelling unit shall not be

considered a rental project.

“Residential project” means any project containing two or more net new living units or

residential lots, or living units and residential lots which total two or more net new units and/or

lots in combination, built pursuant to or contained in an application for a development plan,

subdivision map, land use permit, other discretionary City land use approval, or building permit.

An accessory dwelling unit built on an existing residential lot is not considered a residential

project and is not subject to this Chapter. A residential condominium conversion project is

considered a residential project and is subject to this Chapter. The provisions of this section shall

be interpreted broadly to effect the purposes of this Chapter and to prevent evasion of its terms.

Section C4-177. Inclusionary Housing Requirements.

The Inclusionary Housing Requirements of this Chapter shall apply to all new residential

projects consisting of two or more residential units. Calculations of the number of affordable

units required by this Section shall be based on the number of dwelling units in the residential

development, excluding any density bonus units as defined in state law or provisions of this

code. For mixed-use development projects, the Inclusionary Housing Requirement is determined

by: (1) calculating the base Inclusionary Housing Requirement for the commercial use, and (2)

calculating the base Inclusionary Housing Requirement for the residential use.

A. For-Sale Projects. The following basic requirements apply to all new for-sale projects

unless an alternative is provided by this Chapter:

1. Fewer than Ten Dwelling Units. All for-sale single-family and multi-family

residential development projects between two (2) and nine (9) dwelling units may pay

an affordable housing fee in-lieu of construction of affordable units. The fee shall be

equivalent to 25 percent of the development’s total new residential livable square

footage (excluding garages) multiplied by the City’s cost per square foot rate as set

forth in the City’s Fee Resolution. The formula below shall be used in calculating the

amount of the affordable housing in-lieu fee:

(25 percent of the total livable residential square footage, excluding garage)

multiplied by (per square foot fee) equals (total affordable housing in-lieu fee).

The City shall deposit these fees into an Affordable Housing Fund as set forth in

Section C4-180 to mitigate the impact of the project on the need for affordable

housing units.

2. Multi-Family Residential Developments. All for-sale multi-family residential

development projects of ten (10) dwelling units or more shall develop and reserve 15

percent or more of all for-sale units as affordable units to be sold to very low-, low-,

and moderate-income households.

a. Allocation of Units to Income Levels. Of the 15 percent affordable units provided

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pursuant to this subsection, units shall be allocated to households with very low-,

low-, and moderate-income levels as follows. The applicant is not precluded from

increasing the level of affordability in the project:

For-Sale Multi-Family Units

Very low-income households 20%

Low-income households 30%

Moderate-income households 50%

3. Single-Family Detached Residential Developments. All for-sale single-family

detached residential development projects of ten (10) dwelling units or more shall

develop and reserve 10 percent or more of all for-sale units as affordable units to be

sold to moderate-income households. Construction of accessory dwelling units

would not satisfy the Inclusionary Requirement of the project. Alternatively, the

single-family detached residential project can opt to pay an affordable housing fee

equivalent to 10 percent of the development’s total new residential livable square

footage (excluding garages) multiplied by the City’s cost per square foot rate as set

forth in the City’s Fee Resolution. The formula below shall be used in calculating the

amount of the affordable housing in-lieu fee:





housing units.

4. Exceptions. For the purpose of calculating the number of affordable units required by

this section, any accessory dwelling units and any additional units authorized as a

density bonus pursuant to State law or provisions of this Code shall not be counted as

part of the for-sale project.

5. Fractional Units. In computing the total number of affordable units required in a

residential development, fractions of one-half (1/2) or greater shall be rounded up to

the next highest whole number, and fractions of less than one-half (1/2) shall be

rounded down to the next lowest whole number.

6. Where the calculation of the allocation results in fewer units than would otherwise be

required pursuant to subsection (A.2) of this section, one additional unit should be

allocated to the income level with a decimal fraction closest to 0.50.

7. Design and Distribution of Affordable Units. On-site affordable units shall be

comparable to the market rate units in terms of unit type, number of bedrooms per

unit, quality of exterior appearance and overall quality of construction. Affordable

unit size should be generally representative of the unit sizes within the market-rate

portion of residential projects, as acceptable to the Community Development

Director. Interior features and finishes in affordable units shall be durable, of good

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quality and consistent with contemporary standards for new housing. The affordable

units shall be dispersed throughout the residential project in a manner acceptable to

the Community Development Director unless an alternative is approved by the review

authority.

8. Affordable units provided pursuant to one of the alternatives set forth in this Chapter

shall be approved and completed no later than time prescribed in this Chapter.

B. Rental Projects. The following basic requirements apply to all new rental projects unless

an alternative is provided by this Chapter:

1. Fewer than Ten Dwelling Units. All rental residential development projects between

two (2) and nine (9) dwelling units may pay an affordable housing fee in-lieu of

construction of affordable units. The fee shall be equivalent to 25 percent of the

development’s total new residential livable square footage (excluding garages)

multiplied by the City’s cost per square foot rate as set forth in the City’s Fee

Resolution. The formula below shall be used in calculating the amount of the

affordable housing in-lieu fee:





housing units.

2. All rental residential development projects of ten (10) dwelling units or more shall

develop and reserve 15 percent or more of all rental units as affordable units to be

rented to very low- and low-income households.

a. Allocation of Units to Income Levels. Of the 15 percent affordable units provided

pursuant to this subsection, units shall be allocated to households with very low-

and low-income levels as follows. The applicant is not precluded from increasing

the level of affordability in the project.

Rental Units

Very low-income households 50%

Low-income households 50%

3. Exceptions. For the purpose of calculating the number of affordable units required by

this section, any accessory dwelling units and any additional units authorized as a

density bonus pursuant to State law or provisions of this Code shall not be counted as

part of the rental project.

4. Fractional Units. In computing the total number of affordable units required in a

residential development, fractions of one-half (1/2) or greater shall be rounded up to

the next highest whole number, and fractions of less than one-half (1/2) shall be

rounded down to the next lowest whole number.

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5. Where the calculation of the allocation results in fewer units than would otherwise be

required pursuant to subsection (B.2) of this section, one additional unit should be

allocated to the income level with a decimal fraction closest to 0.50.

6. Design and Distribution of Affordable Units. On-site affordable units shall be

comparable to the market rate units in terms of unit type, number of bedrooms per

unit, quality of exterior appearance and overall quality of construction. Affordable

unit size should be generally representative of the unit sizes within the market-rate

portion of residential projects, as acceptable to the Community Development

Director. Interior features and finishes in affordable units shall be durable, of good

quality and consistent with contemporary standards for new housing. The affordable

units shall be dispersed throughout the residential project in a manner acceptable to

the Community Development Director unless an alternative is approved by the review

authority.

7. Affordable units provided pursuant to one of the alternatives set forth in this Chapter

shall be approved and completed no later than time prescribed in this Chapter.

C. For residential projects that include both a for-sale project and a rental project, the provisions

of subsection (A) of this section shall apply to the for-sale project, and the provisions of

subsection (B) shall apply to the rental project.

D. Exemptions from Inclusionary Housing Requirements. This Chapter shall not apply to the

following:

1. Existing residences which are altered, improved, restored, repaired, expanded or

extended, provided that the number of units is not increased, except that this Chapter

shall pertain to the subdivision of land for the conversion of apartments to

condominiums.

2. The construction of a new residential structure which replaces a residential structure

that was destroyed or demolished within two years prior to the approval of a building

permit for the new residential structure, provided that the number of residential units

is not increased from the number of residential units of the previously destroyed or

demolished residential structure.

3. Accessory dwelling units not constructed to fulfill Inclusionary Housing

Requirements.

4. Those residential units which have obtained approval of a Vesting Tentative Map or a

Development Agreement prior to the effective date of this Ordinance.

Section C4-178. Timing of Performance.

A. Affordable Housing Plan.

1. Any application for the first approval of a residential project shall include an

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Affordable Housing Plan describing how the project will comply with the provisions

of this Chapter. The Affordable Housing Plan shall be processed concurrently with all

other applications required for the residential project. As an alternative to compliance

with the Inclusionary Housing Requirements, an applicant may propose one or a

combination of the alternatives listed in Section C4-179 as part of the Affordable

Housing Plan.

2. The Affordable Housing Plan shall be considered by and acted upon by the review

authority with authority to approve the residential project. Before approving the

Affordable Housing Plan, the review authority shall consider whether the Affordable

Housing Plan conforms to this Chapter. The review authority may approve an

alternative or a combination of alternatives listed in Section C4-179 if it concludes

that the alternative conforms to the standards in Section C4-177. The review authority

may also modify the timing requirements for construction and occupancy of market-

rate units to accommodate phasing schedules, model variations, or other factors, if the

review authority determines this will provide greater public benefit.

3. The approved Affordable Housing Plan for a residential project, or for a building

phase in a residential project, where phasing has been approved as part of

discretionary project approvals, may be amended prior to issuance of any building

permit for the residential project or building phase, if applicable. If the applicant

desires any other modification to the approved Affordable Housing Plan, that

modification shall be acted upon prior to issuance of any building permit by the

review authority that previously approved the Affordable Housing Plan.

B. Affordable Housing Agreement.

1. Affordable Housing Agreement shall be entered into by the City and the project

owner prior to final map approval, or where a map is not being processed, prior to

issuance of any building permit for such lots or units. If the project’s affordable

housing obligation will be met entirely through the payment of affordable housing

fees, no Affordable Housing Agreement shall be required.

2. The Affordable Housing Agreement shall specify the number, type, location, size,

and phasing of all affordable housing units, occupancy requirements, eligibility

requirements, provisions for income certification and screening of potential

purchasers or renters of units, resale control mechanisms, including the financing of

ongoing administrative and monitoring costs, consistent with the approved Affordable

Housing Plan, as determined by the Community Development Director.

3. To assure the affordability of the unit, the Affordable Housing Agreement shall be

recorded with the property deed prior to the sale of the unit or prior to final inspection

for a rental project.

C. Conditions of Approval. Any tentative map, land use permit, or site development review

approving residential development projects subject to this Chapter shall contain conditions

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sufficient to ensure compliance with the provisions of this Chapter. Conditions to carry out

the purposes of this Chapter shall be imposed on the first approval for a residential project.

Additional conditions regarding the approved Affordable Housing Plan may be imposed on

later City approvals or actions, including without limitation, planned unit development

approvals, subdivision approvals, land use permits, and building permits.

D. Concurrent Construction. All affordable units in a project or phase of a project shall be

constructed concurrently with market-rate units, unless the review authority determines that

extenuating circumstances exist that make concurrent construction infeasible or impractical.

E. Certificate of Occupancy. In any residential project, no final certification of occupancy of

any market-rate unit shall be completed until the permittee has either:

1. Completed construction of on-site affordable units sufficient to meet the requirements

of the Affordable Housing Agreement; or

2. Paid affordable housing fees consistent with City-adopted procedures for payment; or

3. Completed corresponding alternative performance under Section C4-179.

F. Continued Affordability.

1. The terms of the Affordable Housing Agreements required by subsection (B) of this

section for affordable ownership units shall be for a term of 30-years and affordable

rental units shall be for a term of 55-years. In the case of ownership affordable units

that are transferred during the required term, each change of ownership will require a

new 30-year term to be recorded.

2. For-sale affordable units which are initially owner-occupied shall not be rented by the

owner, except in cases of substantial hardship including, but not limited to, active

military duty and illness, and on specified terms as provided in a resale restriction

agreement or other agreement acceptable to the Community Development Director.

3. The maximum sales price permitted on resale of an affordable unit designated for

owner-occupancy shall be the lower of: (1) fair market value; or (2) the seller’s lawful

purchase price, increased by the rate of increase of annual area median income during

the seller’s ownership. The sales price may also be modified to account for capital

improvements made by the seller, deferred maintenance, and the seller’s necessary

costs of sale. The resale restrictions shall provide an option (first right of refusal) to

the City to purchase any affordable owner-occupancy unit at any time the owner

proposes sale.

4. If the property owner is unable to sell any or all of the affordable units to eligible

buyers after exhausting commercially reasonable efforts to do so for a period of 120

days, upon 90 additional days’ notice to the City and on satisfaction of such further

conditions as may be included in City-approved restrictions (such as a further

opportunity to identify an eligible buyer, sale to a nonprofit affordable housing

organization, or additional marketing by owner), the owner may sell the unit at a fair-

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market value and shall pay the City an amount equal to the difference between the

sales price and the affordable ownership cost.

The amount paid to the City shall be deposited into the City’s Affordable Housing

Fund as defined in Section C4-180. After such a sale, the unit shall not be subject to

any affordable housing requirement of this Chapter.

G. Monitoring of Compliance. Each Affordable Housing Agreement shall include provisions

for the monitoring by the City of each residential development and each inclusionary unit for

compliance with the terms of this Chapter. Such provisions may include annual compliance

reports to be submitted to the City by the property owner and the City may conduct periodic

on-site audits to ensure compliance with all applicable laws, policies, and agreements.

Section C4-179. Alternatives to Constructing New Affordable Units.

As an alternative to compliance with the other provisions of this Chapter, an applicant

proposing a new residential project may propose one or a combination of the following

alternatives as part of its Affordable Housing Plan. The review authority may approve the

alternative if the alternative conforms to the standards in the relevant subsection. Any affordable

units provided by an applicant pursuant to one of the following alternatives shall comply with the

standards contained in Section C4-178, and shall be roughly equivalent in value to the

Inclusionary Housing Requirement contained in Section C4-177.

A. Voluntary Provision of Rental Units. Where ownership affordable units are required in a for-

sale project by Section C4-177, the applicant may ask to initially provide rental units

affordable to very low-, low- and moderate-income households at rents as prescribed in

subsection (A)(1) of this section.

1. At least 15 percent of all units in the residential project shall be exclusively offered

for rent to very low- and low-income households. Of the units in the residential

project, 50 percent shall be exclusively offered to very low-income households at

rents affordable to very low-income households, and 50 percent shall be exclusively

offered to low-income households at rents affordable to low-income households.

Variations that provide a higher total percentage of affordable units may be

considered.

2. The affordable rental units shall be comparable in size and type to the market-rate

units, including the number of bedrooms per unit.

3. A rent regulatory agreement acceptable to the Community Development Director, and

consistent with the requirements of this Chapter, shall be recorded against the

residential project prior to any final inspection for occupancy of any unit in the

residential project.

4. The rent regulatory agreement shall be in place for 30-years or until such time as the

units are sold, whichever occurs first. The rent regulatory agreement shall include

provisions for sale of the affordable units and relocation benefits for tenants of the

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affordable units if the owner of the residential project later determines to offer any

affordable units in the residential project for sale. The owner shall provide all notices

to prospective tenants of the residential project required by State law and shall

additionally, at the time sale of the units is proposed, provide all tenants of the rental

affordable units with the same notices, rights, and relocation benefits for residential

condominium conversion projects. The owner shall provide as many ownership

affordable units at affordable ownership cost as were originally required by the

project approval. At the time of sale, resale restrictions, deeds of trust and/or other

documents acceptable to the Community Development Director, all consistent with

the requirements of this Chapter, shall be recorded against the ownership affordable

units for a term of 30-years.

5. The Community Development Director may, from time to time, establish affordable

rents in compliance with the requirements of this Chapter and based on recently

available data.

B. Off-Site Development. Some or all of the required affordable units may be constructed off-

site, or an existing off-site development may be acquired and rehabilitated to provide some or

all of the required affordable units. This type of alternative may be allowed if the review

authority determines that the combination of location, unit size, unit type, pricing, and timing

of availability of the proposed off-site affordable units would provide equivalent or greater

benefit than would result from providing those affordable units on-site, or if the review

authority City determines that on-site construction of those affordable units would be

infeasible. Any off-site affordable units must be constructed or rehabilitated prior to or

concurrently with construction of the on-site residential development. The off-site

development location must be located within the City of San Ramon and be appropriately

zoned with all required entitlements issued for the off-site development alternative before

building permits are issued for the on-site residential development.

C. Preservation of Affordable Units at Risk of Loss. The applicant may propose to preserve

existing affordable units at risk of loss to provide the affordable housing required by this

Chapter.

1. The review authority may approve preservation of affordable units at risk of loss pursuant

to this subsection only if the proposal meets all of the following conditions:

a. The affordable units to be preserved shall be affordable to very low- and low-

income households; and

b. The term of affordability shall be extended for a minimum of 55-years for rental

affordable units and for a minimum of 30-years for ownership affordable units;

and

c. The affordable units to be preserved shall be shown as at-risk of loss in the

Housing Element of the City’s General Plan, or the review authority must find at

a public hearing that the affordable units are eligible to, and reasonably expected

to, convert to market-rate units in the next five years due to termination of subsidy

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contracts, mortgage prepayment, or expiration of restrictions on use; and

d. Prior to occupancy of the residential project, the affordable units to be preserved

shall be in safe and sanitary condition and in compliance with all codes.

2. No building permit shall be issued for any new units in the residential project until all of

the required regulatory agreements are deemed acceptable to the Community

Development Director and have been recorded to extend the term of affordability for the

affordable units at risk of loss as required by this subsection.

D. Land Dedication. An applicant may dedicate land to the City or City-designated local non-

profit housing developer in lieu of construction of some or all of the required affordable

units, if the review authority finds:

1. The dedication of land in lieu of constructing affordable units is consistent with the

Chapter’s goal of creating, preserving, maintaining, and protecting housing for very

low-, low- and moderate-income households; and

2. The dedicated land is useable for its intended purpose, is free of toxic substances and

contaminated soils, and is fully improved with infrastructure, adjacent utilities,

grading, and all development-impact fees paid excluding any affordable housing fees;

and

3. The proposed land dedication is of sufficient size to construct or exceed the number

of affordable units that the applicant would otherwise be required to construct by

Section C4-177.

E. The review authority may accept any combination of on-site construction, off-site

construction, affordable housing fees and land dedication or any other feasible alternative

that in the review authority’s determination would provide equivalent or greater benefit than

that which would result from providing on-site affordable units.

Section C4-180. Affordable Housing Fund.

Affordable housing fees shall be deposited into an “Affordable Housing Fund” (“Fund”).

A. All monies collected pursuant to this Chapter shall be deposited into the Fund.

B. Payment of the affordable housing fee shall be added as a condition of approval for

development projects subject to this Chapter.

C. The fee amount shall be established by resolution adopted by the City Council, which may be

amended from time to time by the Council.

D. All monies in the Fund, together with any interest earnings on such monies less

administrative charges, shall be used or committed to use by the City for the purpose of

providing or supporting very low-, low-, and moderate-income ownership or rental housing

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in the City.

E. The City shall prepare an annual report to the City Council identifying the balance of monies

in the Fund, the affordable units provided and any monies committed to providing or

supporting very low-, low-, and moderate-income housing. The annual report shall also

include a review of administrative charges.

Section C4-181. Enforcement.

A. The Community Development Director shall enforce this Chapter, and its provisions shall be

binding on all agents, successors, and assigns of an applicant. The Community Development

Director may suspend or revoke any building permit or approval upon finding a violation of

any provision of this Chapter. No land use approval, building permit, or certificate of

occupancy shall be issued for any residential development unless exempt from or in

compliance with this Chapter. The City may institute any appropriate legal actions or

proceedings necessary to ensure compliance herewith, including, but not limited to, actions

to revoke, deny, or suspend any permit or development approval.

B. The remedies provided for herein shall be cumulative and not exclusive and shall not

preclude the City from any other remedy or relief to which it otherwise would be entitled

under law or equity.

Section C4-182. Waiver.

A. Notwithstanding any other provision of this Chapter, the requirements of this Chapter may be

waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that there

is no reasonable relationship between the impact of a proposed residential project and the

requirements of this Chapter, or that applying the requirements of this Chapter would take

property in violation of the United States or California Constitutions.

B. Any request for a waiver, adjustment, or reduction under this section shall be submitted to

the City concurrently with the Affordable Housing Plan required by this Chapter. The

request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal

basis for the claim.

C. The request for a waiver, adjustment, or reduction shall be reviewed and considered by the

review authority for the application in the same manner and at the same time as the

Affordable Housing Plan. It may only be approved following adoption of written findings to

the extent necessary to avoid an unconstitutional result.

Section C4-183. Expeditious Processing of Development Application

The Community Development Director shall make all reasonable efforts to expedite the

processing of development applications with inclusionary housing obligations under this

Chapter. If any such application is not approved within four (4) months following the date the

application was deemed complete, the Director shall report in writing and in an oral presentation

to the City Council on the status of the project.

Section C4-184 through C4-189. Reserved.

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SECTION II: CHAPTER XIII, Affordable Housing Commercial Linkage Fee (Commercial

Development Projects) is hereby added to Title C, Division C4 of the San

Ramon Municipal Code to read:

CHAPTER XIII

Affordable Housing Commercial Linkage Fee (Commercial Development Projects)

Section C4-190. Purpose.

The purpose of this Chapter is to:

A. Enhance the public welfare by imposing an affordable housing commercial linkage fee

consistent with the Mitigation Fee Act (Government Code §§66000, et seq.) whereby

developers of commercial development projects will mitigate the impacts of their projects on

the need for affordable housing by contribution to the supply of housing for households with

extremely low-, very low-, low-, and moderate-incomes; and

B. Implement the General Plan 2035 Housing Element by creating a mechanism to provide

benefits to the community from new commercial development in the form of affordable

housing, and to thereby help meet the needs of all socio-economic elements of the

community as provided in the Housing Element; and

C. Implement the 2017 Development Fee Study by Keyser-Marston Associates (KMA) linking

commercial development and the need for additional affordable housing.

Section C4-191. Definitions.

The following words and terms as used in this Chapter shall have the following meaning:

A. “Affordable housing commercial linkage fee”, also referred to herein as “commercial linkage

fee”, means the fee paid by developers of commercial development projects to mitigate the

impacts that such developments have on the demand for affordable housing in the City.

B. “Affordable Housing Fund” means a fund or account designated by the City to maintain and

account for all monies received pursuant to this Chapter.

C. “Building permit” includes full structural building permits as well as partial permits such as

foundation-only permits.

D. “Commercial development project” means the new construction of non-residential retail

space including, but not limited to, retail, service, office, restaurant, entertainment, lodging,

industrial, warehouse and manufacturing uses.

E. “Developer” means the person(s) or legal entity(ies), who also may be the property owner,

who is seeking real property permits or approvals from the City for a commercial

development project.

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F. “Project” means any approval of a commercial development project including, without

limitation, a development plan or development plan amendment, rezoning, tentative map,

parcel map, land use permit, minor use permit, minor exceptions, variances, building permit

or architectural review.

Section C4-192. Affordable Housing Commercial Linkage Fee Imposed.

A. Applicability.

An affordable housing commercial linkage fee is imposed on all new construction of

commercial development projects, including mixed use projects, regardless of zoning

designation of the project site, unless otherwise exempted under this Chapter. Payment of

the commercial linkage fee shall be added as a condition of approval for all development

projects subject to this Chapter. The fee amount shall be established by resolution adopted by

the City Council, which may be amended from time to time by the Council. Fees shall not

exceed the cost of mitigating the impact of commercial development projects on the need for

affordable housing in the City. For mixed use projects, the commercial linkage fee (as set

forth in this Chapter) is imposed on that portion of the project that consists of new

commercial development; the City’s Inclusionary Housing Requirements for residential

projects (as set forth in Chapter XII of this Code) will apply to the residential portion of a

mixed use projects.

B. Calculation of Fee.

The amount of the fee, as further described in the fee resolution, is imposed on a per square

foot basis for net new gross floor area. The formula below shall be used in calculating the

amount of the commercial linkage fee:

(Gross square feet nonresidential floor area, excluding structured parking) minus

(existing gross square feet of floor area) multiplied by (per square foot fee) equals (total

commercial linkage fee).

C. Timing of Payment.

Commercial linkage fees shall be paid following the filing of a building permit application

and prior to issuance of the first building permit for the project. A developer may pay all or a

portion of the fee owed at any time prior to issuance of the building permit, at the rate in

effect at the time payment is made. For phased projects, the amount due shall be paid on a

pro rata basis across the entire square footage of the approved development, and each portion

shall be paid prior to the issuance of any building permit for each phase.

Section C4-193. Exemptions from Payment of Affordable Housing Commercial Linkage Fee.

A. The commercial linkage fee shall not apply to commercial development projects adding

5,000 square feet or less of new net square footage.

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B. The commercial linkage fee shall not apply to projects that fall within one or more of the

following categories:

1. Schools and places of public assembly;

2. Public facilities;

3. Any structure proposed to repair or replace a building that was damaged or destroyed

by fire or other calamity, so long as the square footage and use of the building

remains the same, and construction of the replacement building begins within one (1)

year of the damage’s occurrence. Upon request by the Applicant, the review authority

may extend the time for replacement for an additional year if the review authority

determines that the Applicant has proceeded in good faith and has exercised due

diligence in replacing the building in a timely manner.

Section C4-194. Alternative to Payment of Affordable Housing Commercial Linkage Fee.

As an alternative to payment of the commercial linkage fee, a developer may request to

mitigate the housing impacts through construction of affordable residential units on an

appropriate housing site, the dedication of land for affordable housing, or the provision of other

resources to provide affordable housing. The review authority may approve this request if the

proposed alternative furthers affordable housing opportunities in the City that is at least equal in

value to the payment of the commercial linkage fee. A developer requesting an alternative must

submit their request at the time the original application is filed.

Section C4-195. Affordable Housing Fund.

Affordable Housing Commercial Linkage fees shall be deposited into an “Affordable Housing

Commercial Linkage Fund” (“Fund”).

A. All monies collected pursuant to this Chapter shall be deposited into the Fund.

B. Payment of the affordable housing fee shall be added as a condition of approval for

development projects subject to this Chapter.

C. The fee amount shall be established by resolution adopted by the City Council, which may be

amended from time to time by the Council.

D. All monies in the Fund, together with any interest earnings on such monies less

administrative charges, shall be used or committed to use by the City for the purpose of

providing or supporting very low-, low-, and moderate-income ownership or rental housing

in the City.

E. The City shall prepare an annual report to the City Council identifying the balance of monies

in the Fund, the affordable units provided and any monies committed to providing or

supporting very low-, low-, and moderate-income housing. The annual report shall also

include a review of administrative charges.

Section C4-196. Enforcement.

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A. The Community Development Director shall enforce this Chapter, and its provisions shall be

binding on all agents, successors, and assigns of an applicant. The Community Development

Director may suspend or revoke any building permit or approval upon finding a violation of

any provision of this chapter. No land use approval, building permit, or certificate of

occupancy shall be issued for any commercial development unless exempt from or in

compliance with this chapter. The Community Development Director may institute any

appropriate legal actions or proceedings necessary to ensure compliance herewith, including,

but not limited to, actions to revoke, deny, or suspend any permit or development approval.

B. The remedies provided for herein shall be cumulative and not exclusive and shall not

preclude the approval authority from any other remedy or relief to which it otherwise would

be entitled under law or equity

Section C4-197. Waiver.

A. Notwithstanding any other provision of this Chapter, the requirements of this Chapter may be

waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that there

is no reasonable relationship between the impact of a proposed commercial project and the

requirements of this Chapter, or that applying the requirements of this Chapter would take

property in violation of the United States or California Constitutions.

B. Any request for a waiver, adjustment, or reduction under this section shall be submitted to

the City concurrently at the time of development application. The request for a waiver,

adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.

C. The request for a waiver, adjustment, or reduction shall be reviewed and considered by the

approval authority for the application in the same manner and at the same time as the project.

It may only be approved following adoption of written findings to the extent necessary to

avoid an unconstitutional result.

Section C4-198 through C4-204. Reserved.

SECTION III: CEQA

The City Council finds that this ordinance is not subject to the California Environmental

Quality Act (CEQA) pursuant to Sections 15378 and 15061 of the CEQA Guidelines in that the

activity has no potential for resulting in a direct or reasonably foreseeable indirect physical

change in the environment.

SECTION IV: 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 V: Effective Date

This Ordinance shall take effect thirty (30) days from the date of its passage. Before the

expiration of fifteen (15) days after its passage, this Ordinance shall be posted in three (3) places

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within the City of San Ramon along with the names of the members of the City Council voting

for and against the same.

The foregoing Ordinance was introduced at the meeting of the City Council of the City of

San Ramon on March 12, 2019 and after public hearing, was adopted on April 9, 2019 by the

following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________


ATTEST:

________________________


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DATE: April 9, 2019


FROM: Kathi Heimann, Parks & Community Services Director

By: Kathi Heimann, Parks & Community Services Director

SUBJECT: Arts Advisory Committee Appointments

RECOMMENDED ACTION

The Parks and Community Services Commission recommends Magali Le Bouder, Naina Shastri,

Patrick Jon Gutierrez, and Stephen R Doran to serve as regular members on the Arts Advisory

Committee and Partha Mitra as (Alternate #1) with terms to expire March 2021.


The Arts Advisory Committee consists of seven community members and two alternate members,

each serving a two-year term. Appointments are made by the City Council in March and terms

commence with the first meeting in April of each year. Currently, there are five vacancies on the

Arts Advisory Committee consisting of four regular positions and one alternate position. The City Clerk announced the vacancies for the Arts Advisory Committee and notices were

placed on the City Website, Nextdoor, and posted in City facilities. Eight applications were

submitted for the Arts Advisory Committee. The applicants were interviewed by a sub-committee of the Commission, who then

recommended the appointments for consideration to the full Commission at their March 13, 2019

meeting. The Commission approved the recommendations be brought forward to the City

Council for appointment.

FISCAL ANALYSIS

None


Staff will notify the Committee members of upcoming meeting dates, times and

locations.

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DATE: April 9, 2019




SUBJECT: Library Advisory Committee Appointments

RECOMMENDED ACTION

The Parks and Community Services Commission recommends Rocio Ross, Richard DeWath,

Raymond Ramirez to serve as regular members on the Library Advisory Committee and

Kumaravel Nallusamy as (Alternate #1) with terms to expire March 2021.


The Library Advisory Committee consists of five community members and two alternate

members, each serving a two-year term. Appointments are made by the City Council in March and

terms commence with the first meeting in April of each year. Currently, there are four vacancies

on the Library Advisory Committee consisting of three regular positions and one alternate

position. The City Clerk announced the vacancies for the Library Advisory Committee and notices were

placed on the City Website, Nextdoor, and posted in City facilities. Four applications were

submitted for the Library Advisory Committee. The applicants were interviewed by a sub-committee of the Commission, who then




FISCAL ANALYSIS

None



locations.

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DATE: April 9, 2019




SUBJECT: Senior Citizens' Advisory Committee Appointments

RECOMMENDED ACTION

The Parks and Community Services Commission recommends Judy Knight, Inez Mahon, and

Ethelyn Ryan to serve as regular members on the Senior Citizen Advisory Committee with terms

to expire March 2021, and Patricia Snowden as (Alternate #1) with term to expire March 2020.


The Senior Citizen Advisory Committee consists of seven community members and two alternate

members, each serving a two-year term. Appointments are made by the City Council in March and

terms commence with the first meeting in April of each year. Currently, there are five vacancies

on the Senior Citizen Advisory Committee consisting of three regular positions and two alternate

positions. The City Clerk announced the vacancies for the Senior Citizen Advisory Committee and notices

were placed on the City Website, Nextdoor, and posted in City facilities. Four applications were

submitted for the Senior Citizen Advisory Committee. The applicants were interviewed by a sub-committee of the Commission, who then




FISCAL ANALYSIS

None



locations.

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MINUTES OF THE

CITY OF SAN RAMON – COUNCIL MEETING

March 26, 2019

1. CALL TO ORDER/ROLL CALL

Attendee Name Title Status Arrived

Bill Clarkson Mayor Present 7:00 PM

Dave Hudson Councilmember Present 7:00 PM

Philip O'Loane Councilmember Excused

Scott Perkins Vice Mayor Present 7:00 PM

Sabina Zafar Councilmember Present 7:00 PM

Also in Attendance; City Manager Joe Gorton, City Attorney Martin Lysons, Community

Development Director Debbie Chamberlain, Senior Planner Cindy Yee, Recreation

Supervisor Steve Cox, and City Clerk Christina Franco.

2. PLEDGE OF ALLEGIANCE

Resident Corie Edwards led the pledge of allegiance.

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

Cm. Hudson's motion to move Item 11.1 to be heard before Item 10.1 was seconded by

Vice Mayor Perkins; approved 4-0-0-1. Cm. O'Loane was absent.

3.2 If you wish to speak under Public Comment or regarding an agenda item, please

fill out a speaker card located in the back of the room and submit it to the City

Clerk.

3.3 Board, Committee and Commission Meetings

A complete list of upcoming meetings may be found on the City's website at:

www.sanramon.ca.gov

Subscription service is available at the link for automatic meeting notification.

Contact the City Clerk's office with questions, (925) 973-2539.

4. CONSENT CALENDAR

Consent Calendar items are considered routine and are acted upon by the City Council with

a single action. Members of the audience wishing to provide public input may request that

the City Council remove the item from the Consent Calendar.

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2 City Council Meeting – March 26, 2019

RESULT: ADOPTED [UNANIMOUS]

MOVER: Dave Hudson, Councilmember

SECONDER: Scott Perkins, Vice Mayor

AYES: Clarkson, Hudson, Perkins, Zafar

ABSENT: O'Loane

4.1 Register of Demands as Presented by the City Treasurer (Period Ending February

28, 2019)

Recommendation: Approve Register of Demands

4.2 Minute Order No. – 2019-009 2018 General Plan Annual Report


4.3 Minute Order No. – 2019-010 Authorizing the Expenditure for the Purchase of

Two Replacement Trailers from Mobile Modular Management Corporation in an

Amount Not to Exceed $300,000


4.4 Resolution No. – 2019-027 Accepting Certain Roadway Dedications and

Improvements in Subdivision 9325 for Maintenance (Shapell Industries, Inc./Toll

Brothers)


4.5 Resolution No. – 2019-028 Accepting the Work by O’Grady Paving, Inc., for the

Construction of the Pavement Management 2018 Project (CIP 5560) as Complete

and Authorizing the City Clerk to File a Notice of Completion with the Contra

Costa County Recorder's Office; and Authorizing the Reappropriation of

$100,000 from the Pavement Management 2018 Project (CIP 5560) to the

Bollinger Canyon Road Widening Project (CIP 5324)



to the Agreement (C2019-007) with Precision Emprise, Inc. Dba Precision

Concrete Cutting for Additional Concrete Inspections and Concrete Shaving and

Grinding Services, in an Amount Not to Exceed $320,000, for a Total Cumulative

Contract Amount of $420,000


4.7 Resolution No. – 2019-030 Establishing a Rate of $35 Per Equivalent Runoff Unit

for FY 2019/20 for the National Pollutant Discharge Elimination System

(NPDES) Stormwater Program and Requesting that the Contra Costa County

Flood Control and Water Conservation District Adopt an Annual Parcel

Assessment

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4.8 Resolution No. – 2019-031 Recognizing the Importance of the 2020 U.S. Census

and Support the "Be Counted California" Campaign


5. SPECIAL PRESENTATIONS

5.1 Recognition of the 2018 “Building Bridges” Sponsors: The Home Depot,

Safeway, PG&E, and Waste Management. Introduction by Steven Liao and Camp

Parks Command. Presentation by Mayor Clarkson.

Steve Liao provided an overview of the program. Mayor Clarkson presented certificates

to the sponsors.

5.2 Proclamation Declaring March 2019 as Prescription Drug Abuse Awareness

Month. Presented by Mayor Clarkson to April Rovero, Founder/CEO of the

National Coalition Against Prescription Drug Abuse and Patty Hoyt, Prevention

Coordinator, Discover Counseling Center.

Mayor Clarkson presented the Proclamation to Ms. Rovero and Ms. Hoyt.

6. PUBLIC COMMENT

7. DEFERRED CONSENT ITEMS

8. CITY COUNCIL APPOINTMENTS

9. APPROVAL OF MINUTES

9.1 City Council - Regular Meeting - Mar 12, 2019 7:00 PM

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Scott Perkins, Vice Mayor

SECONDER: Dave Hudson, Councilmember


ABSENT: O'Loane

9.2 City Council - Special Meeting - Mar 18, 2019 5:00 PM

RESULT: ACCEPTED [3 TO 0]


SECONDER: Sabina Zafar, Councilmember

AYES: Clarkson, Perkins, Zafar

ABSTAIN: Hudson

ABSENT: O'Loane

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10. UNFINISHED BUSINESS

10.1 Public Hearing - Continued - Ordinances (Next in Line) - Inclusionary Housing

Ordinance and Affordable Housing Commercial Linkage Fee Ordinance

Recommendation: Re-Open the Continued Public Hearing, Receive Public

Testimony, Close the Public Hearing and Set the April 9, 2019 Meeting for

Ordinance Adoption.

Staff report by Senior Planner Cindy Yee.

Mayor Clarkson open the public hearing.

Michael DiGeronimo of Miller Star and Regalia indicated that he represents the owners

of the Marketplace, stated he supports the proposed ordinance and requests for a

professional analysis to be completed.

Mayor Clarkson closed the public hearing.

Committee member Corie Edwards representing the Housing Advisory Committee spoke

of the work the committee has done on this item, and the committee's support of the

ordinance.

Commissioner Eric Wallis representing the Planning Commission spoke of the work and

discussion of the Commission, and their approval and recommendation to Council to

accept the ordinance.

RESULT: APPROVED [UNANIMOUS]


SECONDER: Dave Hudson, Councilmember


ABSENT: O'Loane

10.2 Public Hearing No. 2 to Receive Input from the Community on City Council

Districts to be Established for District-Based Elections

Recommendation: Hold the Second of Two Public Hearings to Receive Input on

the Composition and Number of Voting Districts, Identify Criteria for the

Drafting of District Map Boundaries, and Direct Staff and the City’s Consultant to

Bring a Draft Map or Maps to the Council for Its Review at a Public Hearing

Scheduled for April 23, 2019.

The City Council took a break at 8:53pm and reconvened at 9:04pm.

Presentation by demographer Michael Wagaman, Wagaman Strategies.

Mayor Clarkson open the public hearing.

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Scott Rafferty stated there is an advantage to establish the districts at this time. The

redistricting process does not require the extended public hearing process when the

districts are redrawn in two years. Mr. Rafferty asked the demographer to identify the

high growth areas within the City.

Resident Marisol Rubio asked why there are only four districts in discussion for drawing

district boundaries, and not more than four.

Resident Helen of Dougherty Valley asked if the requirements for running for elected

office could be stricter.

Mayor Clarkson closed the public hearing.

11. NEW BUSINESS

11.1 Resolution No. – 2019-032 Supporting the Tri-Valley Cities Housing and Policy

Framework as a Supplement to the Tri-Valley Cities Legislative Framework on

Housing Matters


Item 11.1 was moved before Item 10.1, per the action under item 3.1.

Staff report by Community Development Director Debbie Chamberlain.

Mayor Clarkson opened public comment.

Resident Helen of Dougherty Valley expressed her concern of how the new housing laws

could affect the community and local government.

Mayor Clarkson closed public comment.





ABSENT: O'Loane

11.2 Resolution No. 2019-(Next in Line) - Establishing Fees and Charges for Various

Municipal Services for Fiscal Year 2019/2020 and Repealing Resolution No.

2018-049

Recommendation: Introduce the Resolution and Set April 23, 2019 for a Public

Hearing.

Staff report by City Clerk Christina Franco.

Mayor Clarkson opened public comment. There were no requests to speak. Mayor

Clarkson closed public comment.

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ABSENT: O'Loane

12. CITY MANAGER COMMENTS

13. PUBLIC COMMENT

14. CITY COUNCIL MEMBERS' AND MAYOR'S COMMENTS

15. ADJOURNMENT

The meeting was adjourned at 9:52p.m.

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DATE: April 9, 2019



By: Brad Morris, Program Manager

SUBJECT: Arts Advisory Committee Annual Report

RECOMMENDED ACTION

Staff recommends that the City Council receive the Annual Report of the Arts Advisory

Committee and provide feedback and direction to the Committee regarding their

accomplishments and goals from 2018.


The City Council adopted a procedure for all city committees whereby each committee would

provide an annual report to the City Council on their operations, accomplishments from 2018

and goals for 2019.

This report was prepared by the Arts Advisory Committee with input from staff and was

approved by the Committee on Wednesday, February 20, 2019. The Parks and Community

Services Commission reviewed this report on March 13, 2019.

FISCAL ANALYSIS

The Arts Advisory Committee is under the purview of the Parks and Community Services

Department. There are no fiscal implications with the acceptance of this report.


The Arts Advisory Committee will proceed with their work plan and goals for 2019 as approved.

ATTACHMENT:

A: Arts Advisory Committee 2018 Annual Report

B: Arts Advisory Committee Annual Report 2018 Presentation

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2018 Annual Report Page 1 4/4/2019

2018 Annual Report to the City Council

Arts Advisory Committee Presented to the Parks & Community Services Commission on March 13, 2019

Presented to the City Council on April 9, 2019

I. Purpose of the Committee

The Arts Advisory Committee’s purpose is to provide ongoing input to the City of San

Ramon on the provision and delivery of cultural art programs and services in San

Ramon. To do so one must recognize the intrinsic value of cultural arts to a

community. The Arts bring a sense of creativity, inspiration, and socialization to our

citizens. The Arts enrich our lives every day from the auditory experiences of music,

story telling and theater to the visual experience of seeing art on display in our gallery

or public art within our city. We can look and listen to cultural art and enjoy a few

moments of inspirational relief from the fast-paced world in which we live.

II. Charge of the Committee

1. Make recommendations to the Parks and Community Services Commission and

staff on the delivery of various cultural arts programs, activities, services and

policies.

2. Support and promote cultural arts programs in San Ramon and work with other

agencies and organizations involved in cultural arts programs for the purposes of

developing, promoting and funding cultural arts programs in San Ramon.

3. Appoint appropriate sub-committees as necessary to further the work of the Parks

& Community Services Department’s cultural arts programs and the efforts of the

Committee.

4. Receive and evaluate input from the community, including input from other

individuals and organizations on issues relevant to cultural arts programming.

5. Act as a liaison for cultural arts issues to other governmental, non-profit and

private organizations.

6. Serve as the City’s review body for public art projects as they move through the

advisory and regulatory bodies.

7. Serve as a resource to the City on a wide range of visual and performing arts

mediums; work with public and private schools to promote arts in the community.

8. Develop a five-year cultural plan including goals and objectives, implementation

strategies and evaluation methods. Conduct ongoing evaluation and assessment of

the cultural plan.

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9. Advise the City on cultural and performing arts facility needs and design.

10. Provide feedback to staff on the assessment of current and future needs of the

cultural arts community for the purpose of program and facility planning.

III. History of the Committee

The San Ramon Arts Council served in 1988 as the City’s non-profit arts advisory

group. The initial charge from the City Council was to conduct a community needs

assessment and to develop a cultural plan. The Arts Council conducted a survey of all

city residents, businesses and art organizations to assess cultural art needs in the

community. As a result of their study and analysis, the Arts Council developed sub-

committees and began the process of establishing goals and objectives. The

information gathered during the community needs assessment provided input for a

civic facility study that was completed in 1989 and the groundwork for San Ramon’s

first Cultural Plan. Working with the subcommittees and a team of consultants the

Arts Council developed a five year Cultural Plan, detailing short and long-range goals

and objectives.

For the next several years, the City Council and the Arts Council worked

collaboratively from this Cultural Plan. In 1993, the Parks and Community Services

Department increased its level of Cultural Art Programs and devoted more staff time

and budget to cultural art programs.

In Oct. 1998, the City coordinated an Arts Summit to help reenergize the cultural arts

organizations in San Ramon. The purpose was to bring together identified cultural arts

groups to rethink the current cultural art plan and to develop new interest and potential

leadership for the future. This group worked to identify strengths as well as gaps in the

current cultural arts programs and to anticipate future issues. The formation of the Arts

Task Force resulted from the Arts Summit meeting.

The Arts Task Force continued to gather information regarding cultural arts in San

Ramon. Through their research and discussion, they came to the conclusion that an

Arts Advisory Committee was needed in the City. They made a recommendation to

establish an Arts Advisory Committee that would report to the Parks & Community

Services Commission. Their recommendation was accepted and endorsed by the Parks

and Community Services Commission in June of 1999. This recommendation was

forwarded to the City Council and the current Arts Advisory Committee was

established in June 1999. The first meeting of the new Arts Advisory Committee was

held in January 2000.

Currently the Committee is made up of seven voting members and two alternates. The

Chairperson is Patrick Tuohy and the Vice Chairperson is Donna Batchelor.

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IV. Committee Operation

The Arts Advisory Committee is an advisory body to the City Council and is under the

purview of the Parks and Community Services Commission. A Recreation Supervisor

staffs the Arts Advisory Committee. There is also a liaison from the City Council, a

liaison from the Parks and Community Services Commission and a liaison from the

Teen Council. The Arts Advisory Committee meets on the third Wednesday of each

month at 7:00pm at the San Ramon Community Center.

V. Sub-Committees

Performing Arts Sub Committee: The Performing Arts sub-committee was

established to evaluate existing performing art events and classes and make

recommendations for new performing art activities.

Visual Arts Sub Committee: The Visual Arts Sub-Committee was established to

evaluate existing visual art programs, events and classes and recommend new

activities and trends in the visual arts.

VI. 2018 Goal Update:

1. Review and recommend the selection of a commissioned artist for a new

public art installation at the San Ramon Library.

This goal was postponed until 2019 as this project was put on hold as the Parks

and Community Services Department focused on the Utility Box Public Art

Project and the Bronze Eagle Public Art Project that will be placed at Phase

Two of the Rancho San Ramon Park.

2. Review and make recommendations for a second phase of the utility box

public art project.

The Committee received and reviewed the Utility Box Art community survey

responses at their November 28, 2018 meeting. They provided feedback to

improve the program and recommended staff develop a phase two of the

project.

3. Update and make available to the public, the San Ramon Public Art Map.

The Committee reviewed the current public art map and updated the current

Public Art Inventory and provided feedback on how to improve and update the

map. They reviewed what other agencies and organizations have done to

publicize their Public Art Collections and made recommendations on what

would be best for San Ramon. The final version of the San Ramon Public Art

Map will be reviewed by the Art Advisory Committee in late Spring.

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4. Review current arts programs and classes within the city and make

recommendations to staff for improvement.

The Committee received a presentation on the visual and performing arts

classes and camps that the City offers. They also received a presentation on

theater operation from Venuetech the City’s Theater Management Company.

The Committee provided feedback and recommendations at both presentations.

In addition, Committee members have attended a variety of other Cultural Art

programs and provided feedback to staff. They attended Summer Concerts,

Symphonic Band Concerts, Art & Wind Festival, Gallery Receptions,

children’s theater productions and Performing Art Events.

5. Select an artist to commission an original piece of artwork for the San

Ramon Art & Wind Festival.

The Committee assists staff with the selection of an artist to create an original

piece of artwork that is used on the promotional material for the annual

festival. The Committee reviewed artwork from seven potential artists and

recommended that staff commission artist Susan Deming.

6. Review Art Gallery Exhibit proposals and select exhibits for the Lindsay

Dirkx Brown Gallery, The Alcosta Senior and Community Center

Gallery, the Dougherty Station Gallery, and the San Ramon Main

Library.

The Arts Advisory Committee reviewed a multi-media presentation depicting

representative artwork from 50 artists and artist groups. The committee ranked

each submission and provided feedback to the staff. Thirteen artists/groups

were selected to exhibit in the Lindsay Dirkx Brown Gallery, twelve artists

were selected for the Alcosta Senior and Community Center, six artists were

selected to exhibit at the Dougherty Station Community Center and four artist

were selected to exhibit at the San Ramon Library. In addition, six artists were

selected to exhibit in the new gallery space at City Hall.

7. Review Public Art Proposals from private developments and make

recommendations for acceptance to the Planning Commission.

It is within the purview of the Committee to make recommendations to the

Planning Commission on public art proposals from private developments. The

Arts Advisory Committee reviewed and provided feedback on the City Center

Art Program.

8. Review Cultural Growth Grant Applications and recommend grant

amounts to staff.

It is within the purview of the Committee to review all cultural growth grant

applications. The committee reviewed and approved one grant to the Hansamo

Korean Cultural Showcase and Awards Night.

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9. Encourage Arts Advisory Committee members to attend a minimum of

four arts events per year in San Ramon and provide feedback.

Committee members generally attend more than four events a year and

regularly provide feedback at the Committee Meetings.

VII Goals and Objectives for 2019

1. Review and recommend the selection of a commissioned artist for a new

public art installation at the San Ramon Library

2. Review and recommend the selection of artist and locations for phase two of

the utility box public art project.

3. Review current arts programs and classes within the city and make

recommendations to staff for improvement.

4. Select an artist to commission an original piece of artwork for the San Ramon

Art & Wind Festival.

5. Review Art Gallery Exhibit proposals and select exhibits for the Lindsay Dirkx

Brown Gallery, The Alcosta Senior and Community Center Gallery, the

Dougherty Station Gallery, the City Hall Gallery and the San Ramon Main

Library Gallery.

6. Review Public Art Proposals from private developments and make

recommendations for acceptance to the Planning Commission.

7. Review Cultural Growth Grant Applications and recommend grant amounts to

staff.

8. Encourage Arts Advisory Committee members to attend a minimum of four

arts events per year in San Ramon and provide feedback.

9. Review and make recommendations to update the Cultural Growth

Application.

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Ø Support and promote cultural and performing arts programs in San Ramon

ØProvide advice, counsel, recommendations, and feedback to the City of San Ramon on the provision, selection, and delivery of public art and cultural art programs, events, and services

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û Patrick Tuohy– Chair

û Donna Batchelor– Vice Chair

û Gary Ford

û Jenna McCoy

û Naina Shastri

û David Owens

û Christina Vigilia

û John Mani - Alternate

û Steve Doran-Alternate

Liaisons:

City Council Member Scott Perkins

Parks & Community Services Commissioner Will Doerlich

Teen Council Member Vidhima Shetty

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Ø Selected an Artist to Commission Artwork for the 2019 Art and Wind Festival

Artwork by 2019 Art and Wind Festival Commissioned Artist, Susan Deming

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Ø Reviewed and Selected Artists for Exhibitions in the Lindsay Dirkx-Brown Gallery, the Alcosta Senior and Community Center, The Dougherty Station Community Center, San Ramon Library and City Hall

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ØReview Public Art Proposals from private developments and make recommendation for acceptance to the Planning Commission.

City Center Art Program

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ØReview Cultural Growth Grant Applications and recommend grant amounts to staff.

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Miss Heathers Dance Class

2018 Dance Recital

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Ø Review and recommend the selection of a commissioned artist for a new public art installation at the San Ramon Library

Ø Review and recommend the selection of artist and locations for phase two of the utility box public art project

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Ø Select an artist to commission an original piece of artwork for the San Ramon Art & Wind Festival.

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ØReview Art Gallery proposals and select exhibits for the City Galleries

Ø Review Public Art Proposals from private developments and make recommendations for acceptance to the Planning Commission

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ØReview and make recommendations to update the Cultural Growth Application.

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DATE: April 9, 2019



By: Martin Lysons, City Attorney

SUBJECT: Public Hearing: Introduction of Ordinance (Next in Line)—An Ordinance of

the City Council of the City of San Ramon, Zoning Text Amendment (TA 19-

410-001) City Initiated Request, Amending Section D4-42 of Chapter IV of

Division D4 of the San Ramon Zoning Ordinance for the Regulation of Small

Wireless Facilities and Other Infrastructure Deployments.

EXECUTIVE SUMMARY

This Ordinance preserves, to the extent possible, City authority over the deployment of small cell

wireless facilities throughout the City under the new federal regulations imposed by the Federal

Communications Commission (“FCC”). The text of the Ordinance exempts small cell wireless

facilities from the traditional hearing process outlined in the current ordinance. Instead, these

facilities will be governed by Council policy, outlining specific aesthetic and other criteria that

must be met in order to receive approval. The proposed policy will follow, under a separate

agenda item at a future meeting, for the Council’s review and approval.

On March 5, 2019, the Planning Commission held a duly noticed public hearing on the

Amendment, reviewed and considered the staff report, other written reports, public testimony

and other information contained in the record, and recommended that the City Council adopt the

Amendment.

RECOMMENDED ACTION

Introduce the Ordinance, waive the reading, open the Public Hearing, receive public testimony,

close the Public Hearing and set the April 23, 2019 meeting for Ordinance adoption.

INTRODUCTION

Location: Citywide

Applicant: City of San Ramon Property Owner: Various

This proposed ordinance allows for small cell facilities to be installed on vertical

infrastructure located in the public rights-of-way - e.g. streetlights, utility poles, and similar

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support structures - under the new regulatory scheme as ordered by the FCC, as an exception

to the traditional review process outlined in the City’s current Ordinance.

BACKGROUND

Small Cell Wireless Facilities Small cells are low-powered radio access nodes that operate in licensed and unlicensed spectrum

that have a range of 10 meters to 1 kilometer. Small cells are “small” compared to a “macro cell”

(also referred to generally as cell towers), and are different from traditional macro cells in several

important ways. While macro cells typically have a range of two or three kilometers, small cells

typically use low-power radios and smaller antennas that have a shorter signal propagation range.

This requires the small cells to be spaced closer together and closer to the user in order to deliver

high capacity data services. Given these technical requirements, existing vertical infrastructure

(e.g., light standards and utility poles) in the public right-of-way is ideally suited to support small

cell networks.

The wireless providers are experiencing increased customer demand, as the use of wireless

capacity by consumers is expanding rapidly. As more consumers are accessing services that are

associated with the “Internet of Things” (e.g., smart phones, home security, internet shopping,

control of home devices and future autonomous vehicles), the demand for data capacity and

speed is rising dramatically and will continue to rise in the near future. In addition, cities and

other government entities are making use of the Internet of Things to improve traffic

management systems, improve response time and quality of responses to 911 calls, create

smarter parking meters, monitor utility usage and implement other improvements to their

services.

Given this increasing demand for data capacity and speed, wireless providers are in the process

of deploying the necessary infrastructure to meet current data demands and to prepare for

consumer deployment of fifth generation wireless systems (5G) technology as it becomes

available. Early stage 5G deployments have begun in various test cities in 2019, but broader

commercial deployments will follow into the early 2020s. San Ramon has not been announced as

a test city. This new infrastructure will be located primarily on existing vertical infrastructure

in the public right of way and tend to move away from the large towers located on private

property.

FCC Rules On August 2, 2018, the FCC formally prohibited express and de facto moratoria for all

personal wireless services, telecommunications services and their related facilities under

federal law. This order eliminated the City’s ability to temporarily prohibit deployments as the

City considers adopting new small cell regulations.

On September 26, 2018, the FCC voted to approve a declaratory ruling and report and order

(FCC Order 18-133, the “FCC Order”), enacting harsh new preemptions of local authority over

small cell wireless facility deployment and management of local rights of way.

The Order has gone into effect in part, limiting cities’ ability to regulate the use of city-owned

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vertical infrastructure for small cell facilities in several important ways:

Reducing the time limit for cities to process applications for small cells to either 60

or 90 days, depending on whether they are being mounted on an existing or new

structure;

Limiting application fees and rents for access to the rights-of-way and municipal

infrastructure to cost;

Limiting aesthetic review and requirements (including undergrounding and

historic/environmental requirements) to those that are “reasonable,” objective and

comparable to requirements for other rights of way users (effective April 15, 2019);

and

Requiring cities to publish such aesthetic requirements in advance (effective April 15,

2019).

These new regulations will severely limit the City’s ability to negotiate favorable terms for

leasing its vertical infrastructure to carriers in the future; however, as explained below, there

remain some opportunities to preserve local authority through local ordinances and policies,

and through voluntary contracts, known as Master License Agreements (“MLAs”), between

the City and the carriers.

A coalition of municipal organizations and local governments are challenging the FCC Order in

federal court; however, the rules will be effective pending the appeals absent a judicial stay.

Accordingly, the City is obligated to comply or risk its ability to regulate small cell deployments.

DISCUSSION/ANALYSIS

The Proposed Ordinance

There is little substance in the proposed Ordinance; it simply exempts small cell wireless

facilities from the provisions of Chapter IV (Wireless Telecommunications Facilities) in order to

comply with the FCC Order. The Ordinance would regulate small cells by Council policy, by

adding the following language as a new Section D4-42.D.11 of the Zoning Code:

11. Notwithstanding any other provision of this Chapter, all

“small wireless facilities” as defined by the FCC in 47 C.F.R. §

1.6002(l), as may be amended or superseded, shall be subject to

permits and other requirements as specified in the Small Cell

Wireless Facilities Policy, which shall be adopted and may be

amended or repealed by City Council resolution. If the Small

Cell Wireless Facilities Policy is repealed and not replaced, an

application for a small wireless facility shall be processed

pursuant to this Chapter.

By delegating the authority to adopt small cell regulations by City Council resolution, the City

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can respond to changes in federal regulations and technology more quickly. A resolution may be

effective immediately, whereas an ordinance does not take effect until 30 days after a second

reading. Given the 60 and 90-day shot clocks, federal prohibition against local moratoria on

telecommunications deployments, and the pending litigation against the FCC Order, staff

recommends that the City Council retain maximum flexibility to modify local rules as needed. If,

for example, a court overturns the FCC Order, the City would be able to immediately repeal the

resolution and revert to its traditional authority under Chapter IV. In addition, the FCC’s

infrastructure proceedings remain open and further rulemakings limited local authority appear

likely. The resolution approach would allow the City Council to take immediate action to

preserve local authority to the extent permitted under future rules.

Next Step: Adoption of Small Cell Wireless Facilities Policy

Proposed small cell installations would be subject to the specifications outlined in the City

Council Policy, once adopted. Staff is working on the draft policy and will bring it to

Council for review and approval sometime in late May. This will give staff time to solicit

input from carriers and the public on how the policy might be improved within the limits of

the FCC Order. Among other things, the proposed Policy will provide for the following:

Application Requirements, including but not limited to, a project narrative,

construction drawings, a site survey, a radio frequency (“RF”) report certifying

compliance with federal standards, photo simulations, an executed Pole License

Agreement, and review/permitting fees;

Noticing to all persons entitled to notice under the law;

An appeal process, allowing interested persons the opportunity to appeal the decision

to approve or deny the project to the City Manager. The entire process will be fast-

tracked to ensure adequate time for public participation in the appeal process;

A list of preferred locations for small cell facilities and their support structures,

ranking residential areas as least preferred and requiring the applicant to demonstrate

why no more preferred location within a reasonable distance from the site is

technically feasible;

Standard conditions of approval, applicable to all deployments, to ensure that the

maintenance and operational requirements for all facilities are evenly applied, and also

ensure that all facilities meet minimum standards in the event that an approval is

mandated by law; and

Extensive design guidelines regarding equipment shrouding, mounting location,

volumetric limits and height limits that ensure facilities are deployed consistent with

community aesthetics.

The City also offers the opportunity for carriers to agree to better terms with the City regarding

small cell deployments. If a carrier enters into an MLA with the City, the carrier can benefit from

an over-the-counter approval process for pre-approved designs in order to shorten turnaround

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time for applications, and the City can maintain a “library” of approved designs and add to

the library on an ongoing basis, in voluntary exchange for higher fees than are allowable under

the FCC Order. In addition, because legal challenges to the FCC Order are pending, execution

of an MLA will allow the carriers to move forward with some certainty as to the terms of

their license agreements for a set period of time, independent of the outcome of the legal

challenges to the FCC Order.

The Council approved its first MLA with AT&T on January 8, 2019. Staff anticipates that similar

MLAs may be executed with Verizon and other cellular service carriers. The proposed policy will

include an exemption for facilities proposed under an MLA. These small cell proposals will be

subject to the streamlined process and approved designs that are outlined in the MLA.

FISCAL ANALYSIS

Generally, there will be no fiscal impact resulting from the adoption of the Ordinance or the

subsequent small cell policy. Under the new FCC rules, cities may recover a reasonable

approximation of their objectively reasonable and non-discriminatory costs in processing small

cell applications.

PUBLIC NOTICE

Under Government Code Section 65091, where the number of notices to be mailed or delivered

exceeds 1,000, a local agency may provide notice by placing a display advertisement of at least

one eighth page in at least one newspaper of general circulation. In accordance with

Government Code Section 65091, a one-eighth page notice of this meeting was posted in the

San Ramon Valley Times on Friday, March 29, 2019 and notices mailed to interested entities

and agencies as prescribed by Government Code Section 65352.

NEXT STEPS

Once the Ordinance is adopted, staff will bring the Policy regulating small cell deployment to

the Commission for review and comment, and then to the Council for approval.

ATTACHMENT:

A: Ordinance (Next in Line)

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ORDINANCE (Next in Line)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAMON, ZONING TEXT AMENDMENT (TA 19-410-001) CITY INITIATED REQUEST, AMENDING

SECTION D4-42 OF CHAPTER IV OF DIVISION D4 OF THE SAN RAMON ZONING ORDINANCE FOR THE REGULATION OF SMALL WIRELESS FACILITIES AND

OTHER INFRASTRUCTURE DEPLOYMENTS.

RECITALS

WHEREAS, pursuant to the California Constitution, Article XI, section 7; California Government Code section 37100 and other applicable law, the City Council may make and enforce within its limits all local, police, sanitary and other ordinances, resolutions and other regulations not in conflict with general laws.

WHEREAS, the City currently regulates all “telecommunication antenna facilities” under Chapter IV of Division D4 of the Zoning Code, which may require a use permit from the Planning Commission, a minor use permit from the Zoning Administrator review, design review approval from the Architectural Review Board and/or a variance. The provisions in Chapter IV are generally applicable do not distinguish between facilities on private property and those within the public rights-of-way.

WHEREAS, since the City Council last amended its regulations for wireless facilities, significant changes in federal laws that affect local authority over personal wireless service facilities and other related infrastructure deployments have occurred, including, but not limited to, the following:

· On August 2, 2018, the Federal Communications Commission (“FCC”) adopted a Third Report & Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Rcd. 7705 (rel. Aug. 3, 2018) (the “August Order”), that formally prohibited express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. § 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis; and

· On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order in the same rulemaking proceeding, --- FCC Rcd. ---, FCC 18-133 (rel. Sep. 27, 2018) (the “September Order”), which, among many other things, creates a new regulatory classification for small wireless facilities, alters existing “shot clock” regulations to require local public agencies to do more in less time, establishes a national standard for an effective prohibition that replaces the existing “significant gap” test adopted by the United States court of Appeals for the Ninth Circuit and

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provides that a failure to act within the applicable timeframe presumptively constitutes an effective prohibition.

WHEREAS, in addition to the changes described above, local authority may be further impacted by other pending legislative, judicial and regulatory proceedings, including but not limited to:

· The “STREAMLINE Small Cell Deployment Act” (S. 3157) proposed by Senator John Thune that, among other things, would apply specifically to “small” WCFs and require local governments to review applications based on objective standards, shorten the shot clock timeframes, require all local undertakings to occur within the shot clock timeframes and provide a “deemed granted” remedy for failure to act within the applicable shot clock; and

· Further orders and/or declaratory rulings by the FCC from the same rulemaking proceeding as the August Order and September Order; and

· Multiple petitions for reconsideration and judicial review filed by state and local governments against the August Order and September Order, which could cause the rules in either order to change or be invalidated.

WHEREAS, given the rapid and substantial changes in applicable law, the active and effective federal prohibition on reasonable moratorium ordinances to allow local public agencies to study these changes and develop appropriate responses and the significant adverse consequences for noncompliance with these changes in applicable law, the City Council desires to amend the Zoning Code to allow greater flexibility and responsiveness to new federal and State laws in order to preserve the City’s traditional authority to the maximum extent practicable (the “Amendment”).

WHEREAS, on March 5, 2019, the Planning Commission held a duly noticed public hearing on the Amendment, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record, and recommended that the City Council adopt the Amendment;

WHEREAS, on April 9, 2019, the City Council held a duly noticed public hearing on the proposed Amendment, reviewed and considered the staff report, other written reports, public testimony and other information contained in the record.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAMON HEREBY FINDS, DETERMINES AND ORDAINS AS FOLLOWS:

SECTION 1. FINDINGS.

The City Council finds that:

A. The facts set forth in the recitals are true and correct and incorporated herein by this

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reference. The recitals constitute findings in this matter and, together with the staff report, other written reports, public testimony and other information contained in the record, are an adequate and appropriate evidentiary basis for the actions taken in this Ordinance.

B. The Amendment is consistent with the Charter, General Plan, Municipal Code, Zoning Code and applicable federal and state law.

C. The Amendment will not be detrimental to the public interest, health, safety, convenience or welfare.

SECTION 2. ENVIORNMENTAL REVIEW.

Pursuant to California Public Resources Code § 21065 and the California Environmental Quality Act (“CEQA”) Guidelines § 15378, the City Council finds that this Ordinance is not a “project” because its adoption is not an activity that has the potential for a direct physical change or reasonably foreseeable indirect physical change in the environment. Accordingly, this Ordinance is not subject to CEQA.

Even if this Ordinance qualified as a “project” subject to CEQA, the City Council finds that, pursuant to CEQA Guidelines § 15061(b)(3), there is no possibility that this project will have a significant impact on the physical environment. This Ordinance merely amends the Zoning Code to authorize the City Council to regulate small wireless facilities and other infrastructure deployments. This Ordinance does not directly or indirectly authorize or approve any actual changes in the physical environment. Applications for any new small wireless facility or other infrastructure deployment, and/or change to an existing small wireless facility or other infrastructure deployment, would be subject to additional environmental review on a case-by-case basis. Accordingly, the City Council finds that this Ordinance would be exempt from CEQA under the general rule.

SECTION 3. AMENDMENT TO CHAPTER IV OF DIVISION D4 OF THE SAN RAMON ZONING CODE.

Section D4-42.D.11 is added the San Ramon Zoning Code and shall read as follows:

11. Notwithstanding any other provision of this Chapter, all “small wireless facilities” as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, shall be subject to permits and other requirements as specified in the Small Cell Wireless Facilities Policy, which shall be adopted and may be amended or repealed by City Council resolution. If the Small Cell Wireless Facilities Policy is repealed and not replaced, an application for a small wireless facility shall be processed pursuant to this Chapter.

SECTION 4. CONFLICTS WITH PRIOR ORDINANCES.

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If the provisions in this Ordinance conflict in whole or in part with any other City regulation or ordinance adopted prior to the effective date, the provisions in this Ordinance will control.

SECTION 5. SEVERABILITY.

If any section, subsection, paragraph, sentence, clause, phrase or term (each a “Provision”) in this Ordinance, or any Provision’s application to any person or circumstance, is held illegal, invalid or unconstitutional by a court of competent jurisdiction, all other Provisions not held illegal, invalid or unconstitutional, or such Provision’s application to other persons or circumstances, shall not be affected. The City Council declares that it would have passed this Ordinance, and each Provision therein, whether any one or more Provisions be declared illegal, invalid or unconstitutional.

SECTION 6. EFFECTIVE DATE.

This Ordinance shall become effective 30 days after its passage and adoption.

SECTION 7. PUBLICATION.

No later than 15 days after its adoption, this Ordinance (or a summary) together with the names of each City Council members who voted for or against this Ordinance shall be published in the manner required by law.

FIRST INTRODUCED by the City Council at a regular meeting on April 9, 2019.

PASSED and ADOPTED by the City Council at a regular meeting on , 2019, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:


ATTEST:


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