Agenda packet — San Ramon City Council, December 12, 2023 (part 1 of 4)

CITY COUNCIL AGENDA
December 12, 2023

WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE

ESSENTIAL TO THOSE WHO LIVE AND WORK IN SAN RAMON
David E. Hudson, Mayor • Scott Perkins, Vice Mayor
Mark Armstrong, Councilmember • Marisol Rubio, Councilmember • Sridhar Verose, Councilmember Council Chamber
7000 Bollinger Canyon Road
REGULAR MEETING – 7:00 PM
Agenda Questions: Please contact the City Clerk (925) 973-2539 or [email protected] Please refer to the end of the agenda to review options for participation in the meeting.

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

1. CALL TO ORDER/ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk.

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

Comments from the public on non-agenda items may also be submitted by email to [email protected]. Comments received by email will not be read aloud; however, they will be forwarded to the Council for their consideration. If you wish to present your comments to the public, you may do so in-person during this Public Comment period. No Council action can be taken at this meeting on issues raised during public comment.

During public comment, members of the public are permitted to address the City Council only on the following:
 Any non-agenda item relating to the business of the City Council.  Items that are on the Consent Calendar, including requests to pull an item from the consent calendar and the reason why you wish to pull the item or items. Please note 2 City Council Meeting – December 12, 2023
that the decision to remove the item from the Consent Calendar is strictly at the discretion of the City Council.
 Requests for Future Agenda Items.
 Special Presentation Items under Section 6 of tonight’s Agenda.  Items that are not on the agenda and are within the City Council’s jurisdiction.

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

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

5.1 Minutes of the City Council Regular Meeting – November 28, 2023 Recommendation: Approve Minutes

5.2 Resolution No. 2023-125 - Authorizing the Revisions to the Part Time Temporary Employee Salary Ranges Within the Parks & Community Services Department and Appropriating $30,413 from General Fund Reserves for the Increase Recommendation: Adopt Resolution No. 2023-125

5.3 Resolution No. 2023-126 - Authorizing the Mayor to Execute Amendment No. 2 to the Master Services and Purchasing Agreement with Axon Enterprises, Inc., Authorizing a Statement of Work for the Equipment, Software, Licensing, and Installation, for an Additional Amount of $181,000 for a Total Cumulative Amount Not-To-Exceed $1,135,000.

Recommendation: Approve Resolution No. 2023-126

5.4 Resolution No. 2023-127 - Authorizing the City Manager to Execute Cooperative Agreement No. 24SR.TDM Between the Contra Costa Transportation Authority and the City of San Ramon to Receive $521,033 in Transportation Funds for Clean Air (TFCA) and Measure J Commute Alternative Funds for Fiscal Year 2023/2024, to Implement the City of San Ramon and Southwest Area Transportation (SWAT) - Transportation Demand Management (TDM) Programs Recommendation: Approve Resolution No. 2023-127

5.5 Resolution No. 2023-128 - Authorizing a Loan from the General Fund of $701,000 to the Affordable Housing Trust Fund (Fund 371), and Payment to Standard Aspen Wood Venture, LP in the Amount of $4,948,387.13 from the Affordable Housing Trust Fund (Fund 371).

Recommendation: Approve Resolution No. 2023-128

5.6 Resolution No. 2023-129 - Approving the Final Map for Subdivision 9538 for the Aria Development Project, APN 208-260-054 (TTLC Townhomes) Recommendation: Approve Resolution No. 2023-129
3 City Council Meeting – December 12, 2023

5.7 Resolution No. 2023-130 - Determining that 500 Deerwood Road, Assessor’s Parcel Number 208-260-054, is Annexed to the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services), and Directing the City Clerk to Record the Boundary Map and Notice of the Annexation Recommendation: Approve Resolution No. 2023-130

5.8 Resolution No. 2023-131 - Annexation of 9000 Alcosta Boulevard, Assessor’s Parcel Number 210-520-031, Determining that Property is Annexed to the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services), and Directing the City Clerk to Record the Boundary Map and Notice of the Annexation
Recommendation: Approve Resolution No. 2023-131

5.9 Draft General Plan 2040 Update (GPA 2023-0002), Rezone (RZ 2023-0002); Prezone (PZ 2023-0001); Specific Plan Amendment (SP 2023-0001); and Environmental Review (ENVR 2023-0003) Ordinance and Resolution Adoption Resolution No. 2023-132 - Adopting California Environmental Quality Act (CEQA) Findings and a Statement of Overriding Considerations; and Certify the Environmental Impact Report (SCH # 2022060549) for the Proposed San Ramon General Plan 2040 Project and Related Applications and the Mitigation Monitoring and Reporting Program
Resolution No. 2023-133 – Approving the San Ramon General Plan 2040 Project Including Approval of General Plan Amendment (GPA 2023-0002); Rezone (RZ 2023-0002); Prezone (PZ 2023-0001); Specific Plan Amendment (SP 2023-0001); Environmental Review (ENVR 2023-0003)
Ordinance 522 Repealing the North Camino Ramon Specific Plan Development Standards and Zoning Regulations for the Plan Area and Amending the Zoning Map and Zoning Ordinance Implementing the San Ramon General Plan 2040 Project
Ordinance 523 Amending the San Ramon Village Specific Plan Development Standards and Zoning Regulations for the Plan Area Implementing the San Ramon General Plan 2040 Project
Ordinance 524 Amending the Zoning Map Related to an Approximate 0.13+ Acre Area within the Deerwood Road Unincorporated Island
Recommendation: Approve Resolutions No. 2023-132 and 2023-133, Waive the Second Reading of Ordinance 522, 523, and 524 and Read by Title Only, Certify the San Ramon General Plan 2040 Final EIR, Adopt the San Ramon General Plan 2040 Update, and Adopt Ordinance 522, 523, and 524.

6. SPECIAL PRESENTATIONS

6.1 Recognition of the Outstanding Teen Citizenship Award Recipient Introduction by Jessica Reaber, Recreation Supervisor and Presentation by Sadhana Tadepalli, Teen Council Chairperson
4 City Council Meeting – December 12, 2023

6.2 Introduction of Newly Promoted Public Works Division Manager, Jon Bell Introduction by Maria Fierner, Public Works Director

7. DEFERRED CONSENT ITEMS

8. UNFINISHED BUSINESS

8.1 Resolution No. 2023-134 - Accepting the Report by BayPac Consult Inc.

Regarding the Bridge Type for the Crow Canyon Road/Iron Horse Trail Bicycle and Pedestrian Overcrossing (CIP 905531), Providing Direction to Staff with Regard to the Preferred Type, and Appropriating $259,121 from the General Fund to CIP 905531 for a Total Project Budget of $2,534,471
Recommendation: Approve Resolution No. 2023-134
Staff Report by Robin Bartlett, Public Works Division Manager

9. NEW BUSINESS

9.1 Senior Citizens Advisory Committee Annual Report
Recommendation: Receive the Report and Provide Feedback to the Senior Citizens Advisory Committee for the 2023/2024 Term
Introduction by Steve Cox, Recreation Supervisor. Presentation by Richard Adler, Senior Advisory Committee Chair

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

MATTERS INITIATED

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

Dated: December 8, 2023
5 City Council Meeting – December 12, 2023

HOW TO VIEW OR PARTICIPATE IN THE MEETING
The public is invited to participate in the meeting using any of the following methods:

IN-PERSON
Members of the public can provide in-person comments in the Council Chambers. To make a request for disability-related accommodation to participate in the meeting, please contact the City Clerk’s Office 48 hours in advance of the meeting.

WRITTEN COMMUNICATION BY EMAIL
Public comments may be submitted via e-mail to [email protected]. Any public comments received up until two (2) hours prior to the scheduled start time of the meeting will be distributed to the City Council and provided at the meeting in the red binder. Written comments received after the cut-off time will be provided to the City Council the day following the meeting. Please include “Public Comment” in the subject line. In the body of the email please include your name and the item you wish to comment on. Written public comment will not be read aloud during the meeting.

TO VIEW OR LISTEN ONLY
As a courtesy and technology permitting, the public will have the opportunity to view the meeting via one-way feed by the options below. However, the City cannot guarantee that the public’s remote access to any meeting will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue.

Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments prior to the meeting or to attend the meeting in person. a. Zoom: https://cityofsanramon.zoom.us/j/97485545475
Webinar ID: 974 8554 5475
b. Zoom Phone Number: +1 (669) 900-6833
c. The City’s YouTube Channel: www.sanramon.ca.gov/YouTube Regular City Council meetings are broadcast on Contra Costa Television (CCTV) (Channel 27) on Wednesdays at 7:00 p.m. and Thursdays at 1:00 p.m. immediately following the meeting. Regular City Council meetings are also broadcast on AT&T U-Verse (Channel 99).

ATTENDEE CONDUCT
There will be zero tolerance for any person addressing the Council making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting. Specifically, it is important for all speakers to adhere to the following guidelines for participation in this meeting:
a. No profanity or obscenity.
b. Refrain from personal threats or attacks.
c. Refrain from hateful epithets and demeaning language based on any person’s race, religion, sexual orientation, ethnicity, gender, or disability.
d. Respect all people that are present or watching.

At the discretion of the Mayor, a speaker may forfeit speaking time for any of the following reasons:
a. Exceeding the allotted time to speak;
b. Yelling, screaming, or other behavior that renders this Council unable to continue the meeting; c. Excessive profanity or slander;
d. Specific threats or “fighting words” that incite violence; or e. Speech that is outside the subject matter jurisdiction of the Council or the specific agenda item in which you are speaking.

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

MINUTES OF THE

CITY OF SAN RAMON

CITY COUNCIL MEETING
November 28, 2023

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

Attendee Name Title Status Arrived
Dave Hudson Mayor Present 7:00 PM
Sridhar Verose Councilmember Present 7:00 PM
Mark Armstrong Vice Mayor Present 7:00 PM
Scott Perkins Councilmember Present 7:00 PM
Marisol Rubio Councilmember Present 7:00 PM
Also in attendance: City Manager Steven Spedowfski, City Attorney Martin Lysons, Deputy City Clerk Joan Snashall, Police Chief Denton Carlson, and Senior Planner Cindy Yee.

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

3.2 If you wish to speak under Public Comment or regarding an agenda item please fill out a speaker card located in the back of the room and submit it to the City Clerk.

4. PUBLIC COMMENT

Cm. Perkins' motion to approve the consent calendar items 5.1-5.4 was seconded by Cm.

Rubio. The motion passed 5-0-0-0.

5.1 Packet Pg. 7
Minutes Acceptance: Minutes of Nov 28, 2023 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – November 28, 2023
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scott Perkins, Councilmember
SECONDER: Marisol Rubio, Councilmember
AYES: Hudson, Verose, Armstrong, Perkins, Rubio

5.1 City Council - Regular Meeting - Nov 14, 2023 7:00 PM Recommendation: Accept Minutes

5.2 Register of Demands as Presented by the City Treasurer (Period Ending October 31, 2023)
Recommendation: Approve Register of Demands

5.3 Resolution No. 2023-122 - Authorizing the Appropriation $177,770 from the Vehicle Replacement Fund for the Purchase of Three Chevrolet Tahoe Replacement Patrol Vehicles for Fiscal Year 23/24
Recommendation: Approve Resolution No. 2023-122

5.4 Resolution No. 2023-123 - Authorizing the Mayor to Execute Amendment No. 2 with GovInvest to Extend the Agreement to June 30, 2024, to Ratify the Work Already Completed Without an Agreement Between July 1, 2022 and the Execution of Amendment No. 2, and to Include a Salary Survey for $7,000 for a New Not-To-Exceed Amount of $143,500
Recommendation: Approve the Resolution. 2023-123

6. SPECIAL PRESENTATIONS

6.1 Legislative Update and Presentation of 40th Anniversary Proclamation to the City by California State Assemblymember Rebecca Bauer-Kahan.

Cm. Perkins' motion to defer item 6.1 until the arrival of the Assemblymember was seconded by Cm. Rubio. The motion passed 5-0-0-0.

Assemblymember Rebecca Bauer-Kahan presented a proclamation to the City and provided an update.

7. DEFERRED CONSENT ITEMS

8. UNFINISHED BUSINESS

8.1 Public Hearing: Adoption of Ordinance (Next in Line) Amending Chapter XII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code to Require the Safe Storage of Firearms in a Residence.

Recommendation: Staff Recommends that the City Council Take Public Testimony, Provide Feedback to Staff, And, If Appropriate, Adopt the Ordinance

5.1 Packet Pg. 8
Minutes Acceptance: Minutes of Nov 28, 2023 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – November 28, 2023
Amending Chapter XIII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code to Require the Safe Storage of Firearms in a Residence.

City Attorney Martin Lysons and Police Chief Denton Carlson presented the staff report.

Cm. Perkins' motion to open the public hearing, waive the second reading, and read by title only, Ordinance (next in line) amending Chapter XII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code to require the safe storage of firearms in a residence was seconded by Cm. Verose. The motion passed 5-0-0-0.

Public comment was received from Mike Grant, Bill Clarkson, Lisa Blackwell, Brad Blackwell, Terry Koehne, Richard Alder, and Steve D. Written public comment was received from Susie Ferris-Inderkum.

Cm. Verose's motion to close the public hearing was seconded by Cm. Rubio. The motion passed 5-0-0-0.

Cm. Verose's motion to adopt the Ordinance (next in line) Amending Chapter XII (Firearms) of Division B7 (Public Peace, Morals and Welfare) of Title B (Regulations) of the San Ramon Municipal Code to require the safe storage of firearms in a residence was seconded by Cm. Rubio. The motion passed 4-1-0-0.

RESULT: APPROVED [4 TO 1]
MOVER: Sridhar Verose, Councilmember
SECONDER: Marisol Rubio, Councilmember
AYES: Verose, Armstrong, Perkins, Rubio
NAYS: Hudson

9. NEW BUSINESS

9.1 City Council Public Hearing: Draft General Plan 2040 Update (GPA 2023-0002), Rezone (RZ 2023-0002); Prezone (PZ 2023-0001); Specific Plan Amendment (SP 2023-0001); and Environmental Review (ENVR 2023-0003)
Recommendation: Staff Recommends that the City Council Receive the Staff Report, Introduce the Ordinances, Waive the Reading, Open the Public Hearing, Receive Public Testimony, Close the Public Hearing, Review the Proposed Ordinances and Resolutions, and Set the December 12, 2023 Meeting for Certification of the San Ramon General Plan 2040 Final EIR, Adoption of the Three Ordinances, and Adoption of the San Ramon General Plan 2040 Update.

Senior Planner Cindy Yee presented the staff report and answered questions of the Council.

Cm. Perkins' motion to open the public hearing, introduction of three ordinances, waive the readings, and read all three ordinances by title only, was seconded by Cm. Rubio. The motion passes 5-0-0-0.

5.1 Packet Pg. 9
Minutes Acceptance: Minutes of Nov 28, 2023 7:00 PM (CONSENT CALENDAR) 4 City Council Meeting – November 28, 2023
There were no public speakers. Written public comment was received from Ariel Strauss, Susie Ferris-Inderkum and Jim Blickenstaff.

Cm. Perkins' motion to close the public hearing was seconded by Cm. Verose. The motion passed 5-0-0-0.

Cm. Perkins' motion to set the December 12, 2023 meeting for certification of the San Ramon General Plan 2040 Final EIR, adoption of the three ordinances, and adoption of the San Ramon General Plan 2040 Update was seconded by Cm. Rubio. The motion passed 5-0-0-0.

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

9.2 Election of the Vice Mayor for the City of San Ramon Recommendation: Select Vice Mayor
Cm. Armstrong's motion to appoint Scott Perkins as Vice Mayor for the City of San Ramon was seconded by Mayor Hudson. The motion passed 5-0-0-0.

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Armstrong, Vice Mayor
SECONDER: Dave Hudson, Mayor
AYES: Hudson, Verose, Armstrong, Perkins, Rubio

9.3 Minute Order No. 2023-011 - Authorizing the Mayor's Designee to Attend the United States Conference of Mayor's 92Nd Winter Meeting – Washington, D.C on January 17-19, 2024
Recommendation: Approve Minute Order No. 2023-011
Mayor Hudson's motion to authorize Scott Perkins as the Mayor's designee to attend the United States Conference of Mayors 92nd Winter Meeting in Washington D.C. on January 17-19, 2024 was seconded by Cm. Verose the motion passed 5-0-0-0.

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

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

MATTERS INITIATED

11. ADJOURNMENT
The meeting was adjourned at 9:02 p.m.

5.1 Packet Pg. 10
Minutes Acceptance: Minutes of Nov 28, 2023 7:00 PM (CONSENT CALENDAR)

CITY COUNCIL STAFF REPORT
DATE: December 12, 2023
TO: City Council/City Manager
FROM: Kathi Heimann, Parks & Community Services Director By: Mae Mlyniec, Administrative Analyst
SUBJECT: RESOLUTION NO. 2023-125 - Authorizing the Revisions to the Part Time Temporary Employee Salary Ranges Within the Parks & Community Services Department and Appropriating $30,413 from General Fund Reserves for the Increase

RECOMMENDED ACTION
Staff recommends the City Council adopt this resolution, which approves the revised part-time temporary employee salary ranges within the Parks & Community Services Department (PCS), effective January 1, 2024, and appropriates additional funds from General Fund Reserves in the amount of $30,413 to cover the increase in part-time wages for the remainder of the fiscal year.

BACKGROUND/DISCUSSION
On April 4, 2016, Governor Brown signed CA Senate Bill (SB) 3, which increases California’s minimum wage each year so that it will reach $15.50 per hour for employers with 26 employees or more on January 1, 2023.

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

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

5.2 Packet Pg. 11
In the internal relationship for full-time staff, flexibly staffed classification benchmarks are set using the journey-level classification, and the entry-level classifications are set 10% below.

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

Example #1 - Entry Level Benchmark position:
• Recreation Leader I (benchmark position) $16.00
• Recreation Leader II (+10% Recreation Leader I) $17.60 Example #2 - Journey Level Benchmark position:
• Building Attendant II (benchmark position) $20.00
• Building Attendant I (-10% Building Attendant II) $18.00 On December 10, 2019, the City Council adopted Resolution No. 2019-114, authorizing the implementation of the Internal Relationship Analysis and revisions to the part-time temporary employee salary ranges within the Parks & Community Services Department. The City Council has approved this same methodology each year since we started this practice in 2019.

Per California’s Labor Code, once the state’s minimum wage reaches $15.00 per hour, the California Department of Finance must determine on or before August 1 of each year whether to adjust the minimum wage for inflation and, if so, calculate the increase. The State Department of Finance Director calculates the increase by applying whichever of the following two options would result in the smaller increase:
• A 3.5% increase; or
• The actual rate of change per the U.S. Consumer Price Index (CPI).

For the 12-month period from July 1, 2022, to June 30, 2023, the State Department of Finance’s calculations showed that the CPI increased by 6.16 percent compared to the 12-month period from July 1, 2021, to June 30, 2022, meaning the minimum wage will increase by 3.5 percent to $16 per hour on January 1, 2024.

Salary surveys were conducted with the local cities to ensure the benchmark positions fall within the ranges, and the minimum wage was increased to $16/hour, as required by the state for 2024.

When staff conducted the salary surveys, it was determined that the Cashier, Recreation Leader, and Building Attendant ranges were within the range of the benchmark cities; however, San Ramon lifeguard wages were generally lower than the wages of surrounding communities. While San Ramon has not had issues recruiting and retaining lifeguards for the past summer, our surrounding communities have had trouble recruiting and retaining staff. To combat the issue, the surrounding agencies have increased staff wages to be more competitive with other Cities and the private sector. Due to the close proximity of our neighboring cities, Parks and Community Services staff are very concerned that we will lose a large number of skilled, experienced lifeguards, and senior staff, if our ranges are not increased to be more competitive with the other cities.

5.2 Packet Pg. 12
The chart below shows the current and proposed lifeguard rates for the City of San Ramon, the current lifeguard rates for Dublin and Pleasanton, and the anticipated lifeguard rates for Danville and LARPD, whose rates have not been officially approved yet.

Dublin Pleasanton Danville LARPD
Current Proposed Current Current Proposed Proposed
Lifeguard I $ 15.50 $ 16.50 $ 17.50 $ 16.55 $ 17.50 $ 17.00 Lifeguard II $ 17.05 $ 18.15 $ 19.16 $ 18.00 $ 20.00
Swim Instructor $ 17.05 $ 18.15 $ 17.50 $ 16.55 $ 17.05 $ 20.00 Senior Lifeguard $ 17.85 $ 18.70 $ 18.83 $ 19.16 $ 18.50 Asst Pool Manager $ 18.90 $ 19.80 $ 21.12 $ 19.50
Pool Manager $ 21.00 $ 22.00 $ 24.45
Program Specialist $ 22.50 $ 23.50 $ 21.25 $ 22.50
San Ramon
Utilizing the approved Internal Relationship Analysis, staff is recommending setting the benchmark positions for the part-time salary ranges for 2024 based on a fifty-cent ($0.50) increase in minimum wage for the Recreation Leader series and a one dollar ($1.00) increase in Lifeguard Series (Attachment A) and adjusting the rest of the salary ranges 10% above or below the benchmark and 15% below the benchmark for the Senior Lifeguard position. This methodology complies with state law, avoids compaction in the ranges, and addresses the increasing competition in the area for lifeguards. Providing high-quality, trained lifeguards for the community pools is an essential service. Staff cannot operate the pools without an adequate number of trained lifeguards. If the aquatics program cannot remain competitive and recruit and retain enough lifeguards to operate both aquatic facilities, operational hours at the pools will have to be reduced.

FISCAL ANALYSIS
By law and at a minimum, the City must increase the wages of those currently employed whose pay rates fall below the new minimum wage of $16 per hour. The estimated incremental cost to the City for the remainder of the fiscal year to increase staff that are currently paid $15.50 to $16.00 per hour is approximately $361.00, which can be absorbed into the existing Parks and Community Services Department budget. However, increasing only those who have dropped below minimum wage causes compaction within the ranges. If all of the ranges are increased incrementally to avoid compaction, the additional cost to the City for the remainder of the fiscal year would be $21,080. Given the current challenge of finding and retaining lifeguards, it is recommended that the City increase the salary ranges to meet the new state minimum wage rate, avoid compaction within all the salary ranges, and in addition, adjust the lifeguard benchmark salary ranges by $1.00 to be more competitive with the surrounding agencies which would be an approximate increase of $30,413 for the remainder of the fiscal year.

The Parks and Community Services Department did not budget for the minimum wage increase this year because at the time the PCS Department was developing the budget, there was no

5.2 Packet Pg. 13
indication the State of California would raise the minimum wage in 2024. If staff were to delay the increase for Lifeguards until after approval of the mid-year is complete, it would be too late to have a beneficial effect on the seasonal summer recruitment and hiring since the process begins in January. Staff recommend that the City Council approve the revised part-time temporary employee salary ranges within the Parks & Community Services Department and authorize the appropriation of additional funds from the General Fund Undesignated Reserves in the amount of $30,413 to cover the increase in part-time wages due to the increase in minimum wage and to address the need to increase the lifeguard salary ranges, and appropriate the requisite funds.

STEPS FOLLOWING APPROVAL
Staff will work with Human Resources to ensure all temporary employees are paid the updated minimum wage effective January 1, 2024, implement the new part-time staff salary ranges during the recruitment process.

ATTACHMENT
A: 2024 Internal Relationship Analysis with Recommended Salary Ranges

5.2 Packet Pg. 14
RESOLUTION NO. 2023-125

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

AUTHORIZING THE REVISIONS TO THE PART TIME TEMPORARY EMPLOYEE

SALARY RANGES WITHIN THE PARKS & COMMUNITY SERVICES
DEPARTMENT AND APPROPRIATING $30,413 FROM GENERAL FUND RESERVES

FOR THE INCREASE
WHEREAS, the City Council has determined that it is necessary to adjust the temporary part-time temporary employee salary ranges; and
WHEREAS, on December 10, 2019, the City Council adopted Resolution 2019-114, approving the internal relationship analysis for the Parks & Community Services part-time temporary employee salary ranges; and
WHEREAS, the City Council does hereby adopt the proposed revised part-time temporary employee salary ranges as follows, effective January 1, 2024:

Job Classification Min Pay
Rate
Max Pay
Rate
Recreation Leader I $16.00 $19.20
Recreation Leader II $17.60 $21.12
Assistant Activity Manager $18.90 $22.68
Activity Manager $21.00 $25.20
Nutrition Program Assistant $18.90 $22.68
Building Attendant I $18.00 $21.60
Building Attendant II $20.00 $24.00
Cashier $16.00 $19.20
Office Assistant $20.00 $24.00
Lifeguard I $16.50 $19.80
Lifeguard II $18.15 $21.78
Swim Instructor $18.15 $21.78
Senior Lifeguard $18.70 $22.44
Assistant Pool Manager $19.80 $23.76
Pool Manager $22.00 $26.40
Program Specialist $23.50 $28.20
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize and direct the staff to implement the revised part time temporary employee salary ranges, within the Parks & Community Services Department (PCS), effective January 1, 2024, and appropriate $30,413 from General Fund Undesignated Reserves to parttime salary and wages accounts in various PCS units (10160xxx-50006) to cover the wage increase.

PASSED, APPROVED, AND ADOPTED at the meeting of December 12, 2023 by the following votes:

5.2 Packet Pg. 15
AYES:

NOES:

ABSENT:

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

5.2 Packet Pg. 16
Proposed January 2024
Job Classification Min Pay Rate Max Pay Rate Internal Relationship %
Increase
from 2023
Recreation Leader I 16.00 $ 19.20 $ Benchmark 3.13%
Recreation Leader II 17.60 $ 21.12 $ +10% Recreation Leader I 3.13% Asst Activity Manager 18.90 $ 22.68 $ -10% Activity Manager 2.38% Activity Manager 21.00 $ 25.20 $ Benchmark 2.38%
Nutrition Program Asst 18.90 $ 22.68 $ Equal to Asst Activity Manager 2.38% Building Attendant I 18.00 $ 21.60 $ -10% Building Attendant II 2.50% Building Attendant II 20.00 $ 24.00 $ Benchmark 2.50%
Cashier 16.00 $ 19.20 $ Benchmark 3.13%
Office Assistant 20.00 $ 24.00 $ Equal to Building Attendant II 2.50% Lifeguard I 16.50 $ 19.80 $ Benchmark 6.06%
Lifeguard II 18.15 $ 21.78 $ +10% Lifeguard I 6.06%
Swim Instructor 18.15 $ 21.78 $ Equal to Lifeguard II 6.06% Senior Lifeguard 18.70 $ 22.44 $ -15% Pool Manager 4.55% Asst Pool Manager 19.80 $ 23.76 $ -10% Pool Manager 4.55% Pool Manager 22.00 $ 26.40 $ Benchmark 4.55%
Program Specialist 23.50 $ 28.20 $ Benchmark 4.26%

5.2.a
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Attachment: A: 2024 Internal Relationship Analysis with Recommended Salary Ranges (2023-125 : Authorizing the Revisions to the Part-Time

CITY COUNCIL STAFF REPORT
DATE: December 12, 2023
TO: City Council/City Manager
FROM: Denton Carlson, Police Chief
By: Denton Carlson, Police Chief
SUBJECT: RESOLUTION NO. 2023-126 - Authorizing the Mayor to Execute Amendment No. 2 to the Master Services and Purchasing Agreement with Axon Enterprises, Inc., Authorizing a Statement of Work for the Equipment, Software, Licensing, and Installation, for an Additional Amount of $181,000 for a Total Cumulative Amount Not-To-Exceed $1,135,000.

EXECUTIVE SUMMARY
On October 26, 2021, the City Council authorized the Mayor to Execute an Agreement with Axon Enterprises, Inc., for the purchase and licensing of body-worn cameras, police patrol vehicle in-car cameras, Taser devices, and digital video evidence storage (Resolution No. 2021- 121), with a cumulative contract amount not to exceed $890,000.

On September 27, 2022, the City Council authorized the Mayor to Execute an Agreement with Axon Enterprises, Inc., for the purchase and installation of internal cameras within the San Ramon Police Department’s police station to allow for the proper digital recording of interviews and individuals temporarily held within the police station (Resolution No. 2022-121). The additional funds required for this portion of the Axon Enterprise, Inc. project total an amount not to exceed $63,590, bringing the total contract to $953,590.

In July 2023, the San Ramon Police Department applied for $5,616,613 in funding through the Organized Retail Theft Prevention Grant Program administered by the California Board of State and Community Corrections (BSCC). The City Council acknowledged and authorized this grant funding application during the City Council meeting held on July 25, 2023 (Resolution No. 2023-083).

In September 2023, the San Ramon Police Department was awarded $5,616,613 in funding by the BSCC under the Organized Retail Theft Prevention Grant Program. The funds authorized through this grant will be available to the San Ramon Police Department through the 2026/27 fiscal year.

Included in the San Ramon Police Department’s Organized Retail Theft Prevention grant application was a request for funding to enhance our current drone program through additional equipment and the implementation of a Drone as a First Responder (DFR) Program. This amendment to the Master Services and Purchasing Agreement with Axon Enterprises, Inc. is

5.3 Packet Pg. 18
being requested to fulfill the requirements needed to purchase Axon Air software and DJI Drones to facilitate the implementation of the previously mentioned programs associated with the Organized Retail Theft Prevention Grant Program. The additional funds required for this portion of the Axon Enterprise, Inc. project total an amount not to exceed $187,700.

The camera technology provided by Axon Enterprise, Inc. has previously been successful in providing the San Ramon Police Department with video evidence used to assist in the prosecution of criminal cases involving persons and property-related crimes that occur within the City. The footage captured includes interviews and interactions with victims, witnesses, and suspects in these cases.

RECOMMENDED ACTION
Staff recommends approval of this Resolution authorizing the Mayor to execute Amendment No. 2 to the Master Services and Purchasing Agreement with Axon Enterprises, Inc., authorizing a Statement of Work for the equipment, software, licensing, and installation for an additional amount not to exceed $181,000 for a total cumulative amount not-to-exceed $1,135,000.

BACKGROUND/DISCUSSION
In October of 2021, the City Council authorized a resolution with Axon Enterprise, Inc. for the implementation of various systems to enhance the police department’s ability to collect video evidence of the interactions between police personnel and the citizens we serve. These camera systems include body-worn cameras and cameras mounted in police vehicles, which capture video footage while properly and securely storing the digital evidence within Axon’s proprietary cloud-based storage service. The footage provides evidence for use in criminal and civil cases and in identifying training issues, thus limiting future liabilities.

Since implementing the Axon body-worn cameras and the associated Axon evidence collection technology in 2021, the San Ramon Police Department has begun successfully collecting and securely storing digital evidence much more efficiently than previous methods.

In September 2023, the Police Department obtained funding through the Organized Retail Theft Prevention Grant Program administered by the State of California Board of State and Community Corrections (BSCC). Included in this grant funding were allocations dedicated to the enhancement of our current drone program through additional equipment and the allocations dedicated to the implementation of a Drone as a First Responder (DFR) program.

The implementation of a DFR Program will allow the San Ramon Police Department to launch drones in response to Priority 1 and Priority 2 calls for service almost immediately after the call is received by the San Ramon Valley 911 Communications Center. As a result of these additional capabilities, the DFR program will provide aerial support for organized retail theft suppression, increase situational awareness surrounding public safety incidents, decrease response times for officers, increase community safety, and aid in prosecuting criminal cases.

The DFR software and licensing is approximately $116,205 (Attachment A), and the additional

5.3 Packet Pg. 19
equipment to establish the DFR Program and enhance the current drone program is roughly $64,653 (Attachment B). The costs associated with the equipment, installation, software, licensing, and digital storage for these items total roughly $181,000.

To fund the necessary software, licensing, and equipment, staff is requesting an amendment to the existing contract with Axon Enterprises, Inc. and the approval of additional funding in an amount not to exceed $181,000. The funds will be fully reimbursed through the Organized Retail Theft Prevention Grant Program administered by the State of California Board of State and Community Corrections (BSCC).

FISCAL ANALYSIS
The expenditure related to the purchase, installation, and licensing of this software and equipment is not expected to exceed $181,000. Based upon the Organized Retail Theft Prevention Grant awarded to the San Ramon Police Department by the State of California Board of State and Community Corrections, funds are available within the grant to purchase these additional expenditures without any burden of costs to the City of San Ramon.

An ongoing analysis of the efficacy of this program will continue throughout the grant period authorizing the expenditures. If the analysis shows these programs are beneficial to the City of San Ramon and the San Ramon Community, and there is a desire to continue these programs beyond the grand funding period, the annual expenditures related to equipment, software, and licensing for the services provided by Axon Enterprises, Inc. is not anticipated to exceed $75,000 per fiscal year.

STEPS FOLLOWING APPROVAL
The City Attorney’s Office will forward the amended contract agreement to Axon Enterprise, Inc. for execution. Upon receipt of the executed amendment, staff will obtain approval for the appropriate requisitions for payment to fulfill the contract requirements and begin the installation of this additional equipment.

ATTACHMENT
A - Axon Enterprise, Inc. Quote - Q-491677-45264.193TS
B - Axon Enterprise, Inc. Quote - Q-530710-45261.997TS (1)

5.3 Packet Pg. 20
RESOLUTION NO. 2023-126

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO THE MASTER SERVICES AND PURCHASING AGREEMENT WITH AXON ENTERPRISES, INC.,

AUTHORIZING A STATEMENT OF WORK FOR THE EQUIPMENT, SOFTWARE, LICENSING, AND INSTALLATION, FOR AN ADDITIONAL AMOUNT OF $181,000 FOR A TOTAL CUMULATIVE AMOUNT NOT-TO-EXCEED $1,135,000.

WHEREAS, on October 26, 2021, the City Council authorized an agreement with Axon Enterprise, Inc.; and
WHEREAS, additional Axon Air software and additional DJI Drones are being requested to enhance the San Ramon Police Department’s current drone program; and WHEREAS, additional Axon Air software and additional DJI Drones are being requested for the San Ramon Police Department to implement a Drone as a First Responder program; and
WHEREAS, the proposal associated with the work to be completed includes equipment purchases, installation, software, licensing, and digital storage for the Drone as a First Responder program and the current drone program and as a result, an amended contract with Axon Enterprises, Inc. is required; and
WHEREAS, Axon Enterprise, Inc. is qualified and able to provide such services.

NOW, THEREFORE BE IT RESOLVED that the City Council of San Ramon authorizes the Mayor to execute Amendment No. 2 to the Master Services Agreement with Axon Enterprises, Inc., authorizing a statement of work for the equipment, software, licensing, and installation, and accompanied storage, for an additional amount not to exceed $181,000, for a total cumulative amount not to exceed $1,350,000.

PASSED, APPROVED AND ADOPTED at the meeting of December 12, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor

5.3 Packet Pg. 21
ATTEST:
__________________________
Christina Franco, City Clerk

5.3 Packet Pg. 22
Non-Binding Budgetary Estimate

Page 1 ends

Q-491677-45264.193TS
Issued: 12/03/2023
Quote Expiration: 12/31/2023
Estimated Contract Start Date: 01/15/2024
Account Number: 198277
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Business;Delivery;Invoice-2401 Crow Canyon Rd
2401 Crow Canyon Rd
San Ramon,
CA
94583-1531
USA
San Ramon Police Department - CA
2401 Crow Canyon Rd
San Ramon
CA
94583-1531
USA
Email:

Tamiko Sianen
Phone: +16285027875
Email: [email protected]
Fax:

Mark Gunning
Phone:

Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 35 Months Average Savings Per Year $2,324.89 TOTAL COST $116,205.33
ESTIMATED TOTAL W/ TAX $116,205.33 TOTAL SAVINGS $6,780.92 Payment Summary
Date Subtotal Tax Total
Jan 2024 $41,818.89 $0.00 $41,818.89
Dec 2025 $37,195.08 $0.00 $37,195.08
Dec 2026 $37,191.36 $0.00 $37,191.36
Total $116,205.33 $0.00 $116,205.33
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

5.3.a
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Attachment: A - Axon Enterprise, Inc. Quote - Q-491677-45264.193TS (2023-126 : Amendment to Contract Non-Binding Budgetary Estimate

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Quote Unbundled Price: $122,986.25
Quote List Price: $122,986.25
Quote Subtotal: $116,205.33
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
CLASSMUAS AXON AIR, CLASS M UAS BUNDLE 2 35 $116.67 $116.67 $113.17 $7,921.90 $0.00 $7,921.90 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 9 35 $183.34 $183.34 $177.84 $56,019.60 $0.00 $56,019.60 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 2 35 $283.34 $283.34 $274.84 $19,238.80 $0.00 $19,238.80 A la Carte Software
100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 1 35 $416.67 $404.17 $14,145.95 $0.00 $14,145.95 100112 AXON AIR, E.COM PILOT DATA LIC 14 35 $30.00 $29.10 $14,259.00 $0.00 $14,259.00 A la Carte Services
100612 AXON AIR, 2HR VIRTUAL TRAINING BY
DRONESENSE 1 $250.00 $0.00 $0.00 $0.00 $0.00
101137 AXON AIR - FL RPIC TRAINING 1 $7,700.00 $4,620.08 $4,620.08 $0.00 $4,620.08 Total $116,205.33 $0.00 $116,205.33

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Attachment: A - Axon Enterprise, Inc. Quote - Q-491677-45264.193TS (2023-126 : Amendment to Contract Non-Binding Budgetary Estimate

Page 3 ends

Firearms and Ammunition Excise Tax
Item Description Taxable Amount FAET Rate FAET Amount
Total 0
Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR, CLASS 1 UAS BUNDLE 100579 AXON AIR, UAS LICENSE (CLASS 1) 9 01/15/2024 12/14/2026 AXON AIR, CLASS 1 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 9 01/15/2024 12/14/2026 AXON AIR, CLASS 1 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 9 01/15/2024 12/14/2026 AXON AIR, CLASS 2 UAS BUNDLE 100580 AXON AIR, UAS LICENSE (CLASS 2) 2 01/15/2024 12/14/2026 AXON AIR, CLASS 2 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 2 01/15/2024 12/14/2026 AXON AIR, CLASS 2 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 2 01/15/2024 12/14/2026 AXON AIR, CLASS M UAS BUNDLE 100582 AXON AIR, UAS LICENSE (CLASS M) 2 01/15/2024 12/14/2026 AXON AIR, CLASS M UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 2 01/15/2024 12/14/2026 AXON AIR, CLASS M UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 2 01/15/2024 12/14/2026 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 14 01/15/2024 12/14/2026 A la Carte 100588 AXON AIR, REMOTE ADD-ON (CLASS 2) 1 01/15/2024 12/14/2026 Services
Bundle Item Description QTY
A la Carte 100612 AXON AIR, 2HR VIRTUAL TRAINING BY DRONESENSE 1 A la Carte 101137 AXON AIR - FL RPIC TRAINING 1

5.3.a
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Attachment: A - Axon Enterprise, Inc. Quote - Q-491677-45264.193TS (2023-126 : Amendment to Contract Non-Binding Budgetary Estimate
Page4 Q-491677-45264.193TS
Payment Details
Jan 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Software 100112 AXON AIR, E.COM PILOT DATA LIC 14 $4,753.48 $0.00 $4,753.48 Software 100588 AXON AIR, REMOTE ADD-ON (CLASS 2)1 $4,715.79 $0.00 $4,715.79 Software CLASS1UAS AXON AIR, CLASS1 UAS BUNDLE9 $18,675.06 $0.00 $18,675.06 Software CLASS2UAS AXON AIR, CLASS2 UAS BUNDLE2 $6,413.58 $0.00 $6,413.58 Software CLASSMUAS AXON AIR, CLASSM UAS BUNDLE2 $2,640.90 $0.00 $2,640.90 Training 100612 AXON AIR, 2HR VIRTUAL TRAINING BY DRONESENSE1 $0.00 $0.00 $0.00 Training 101137 AXON AIR- FL RPIC TRAINING1 $4,620.08 $0.00 $4,620.08 Total $41,818.89 $0.00 $41,818.89
Dec 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Software 100112 AXON AIR, E.COM PILOT DATA LIC 14 $4,753.00 $0.00 $4,753.00 Software 100588 AXON AIR, REMOTE ADD-ON (CLASS 2)1 $4,715.32 $0.00 $4,715.32 Software CLASS1UAS AXON AIR, CLASS1 UAS BUNDLE9 $18,673.20 $0.00 $18,673.20 Software CLASS2UAS AXON AIR, CLASS2 UAS BUNDLE2 $6,412.93 $0.00 $6,412.93 Software CLASSMUAS AXON AIR, CLASSM UAS BUNDLE2 $2,640.63 $0.00 $2,640.63 Total $37,195.08 $0.00 $37,195.08
Dec 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Software 100112 AXON AIR, E.COM PILOT DATA LIC 14 $4,752.52 $0.00 $4,752.52 Software 100588 AXON AIR, REMOTE ADD-ON (CLASS 2)1 $4,714.85 $0.00 $4,714.85 Software CLASS1UAS AXON AIR, CLASS1 UAS BUNDLE9 $18,671.32 $0.00 $18,671.32 Software CLASS2UAS AXON AIR, CLASS2 UAS BUNDLE2 $6,412.30 $0.00 $6,412.30 Software CLASSMUAS AXON AIR, CLASSM UAS BUNDLE2 $2,640.37 $0.00 $2,640.37 Total $37,191.36 $0.00 $37,191.36

5.3.a
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Attachment: A - Axon Enterprise, Inc. Quote - Q-491677-45264.193TS (2023-126 : Amendment to Contract Non-Binding Budgetary Estimate

Page 5 ends

This Rough Order of Magnitude estimate is being provided for budgetary and planning purposes only. It is non-binding and is not considered a contractable offer for sale of Axon goods or services.

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

5.3.a
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Attachment: A - Axon Enterprise, Inc. Quote - Q-491677-45264.193TS (2023-126 : Amendment to Contract Non-Binding Budgetary Estimate

Page 1 ends

Q-530710-45261.998TS
Issued: 12/01/2023
Quote Expiration: 12/14/2023
Estimated Contract Start Date: 12/15/2023
Account Number: 198277
Payment Terms: N30
Delivery Method:

Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Mark Gunning
Phone:

Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 12 Months Average Savings Per Year $2,868.95 TOTAL COST $59,451.05
ESTIMATED TOTAL W/ TAX $64,653.02 TOTAL SAVINGS $2,868.95 Payment Summary
Date Subtotal Tax Total
Dec 2023 $59,451.05 $5,201.97 $64,653.02
Total $59,451.05 $5,201.97 $64,653.02
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

5.3.b
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Attachment: B - Axon Enterprise, Inc. Quote - Q-530710-45261.997TS (1) (2023-126 : Amendment to Non-Binding Budgetary Estimate

Page 2 ends

Quote Unbundled Price: $62,320.00
Quote List Price: $62,320.00
Quote Subtotal: $59,451.05
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Hardware
12343 AXON AIR, DJI WB37 INTELLIGENT BATTERY 2 $59.00 $59.00 $118.00 $10.33 $128.33 100991 AXON AIR, DJI MATRICE BS65 INTELLIGENT
BATTERY STATION 1 $1,200.00 $1,200.00 $1,200.00 $105.00 $1,305.00 100689 AXON AIR,DJI MAVIC 3 ENTERPRISE SERIESBATTERY KIT 3 $659.00 $593.10 $1,779.30 $155.70 $1,935.00 100990 AXON AIR, DJI MATRICE 350 TB65 INTELLIGENT
FLIGHT BATTERY 8 $700.00 $700.00 $5,600.00 $490.00 $6,090.00 100995 AXON AIR, DJI MATRICE 350 RTK (NA) SP PLUS 1 $9,959.00 $9,461.05 $9,461.05 $827.84 $10,288.89 100527 AXON AIR, DJI ZENMUSE H20N (NA) SP PLUS 2 $9,737.00 $9,250.15 $18,500.30 $1,618.77 $20,119.07 100684 AXON AIR,DJI MAVIC 3 THERMAL (NA)SP PLUS 4 $5,998.00 $5,698.10 $22,792.40 $1,994.33 $24,786.73 Total $59,451.05 $5,201.97 $64,653.02

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Attachment: B - Axon Enterprise, Inc. Quote - Q-530710-45261.997TS (1) (2023-126 : Amendment to Non-Binding Budgetary Estimate

Page 3 ends

Firearms and Ammunition Excise Tax
Item Description Taxable Amount FAET Rate FAET Amount
Total 0
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
A la Carte 100527 AXON AIR, DJI ZENMUSE H20N (NA) SP PLUS 2 12/15/2023 A la Carte 100684 AXON AIR,DJI MAVIC 3 THERMAL (NA)SP PLUS 4 12/15/2023 A la Carte 100689 AXON AIR,DJI MAVIC 3 ENTERPRISE SERIES-BATTERY KIT 3 12/15/2023 A la Carte 100990 AXON AIR, DJI MATRICE 350 TB65 INTELLIGENT FLIGHT BATTERY 8 12/15/2023 A la Carte 100991 AXON AIR, DJI MATRICE BS65 INTELLIGENT BATTERY STATION 1 12/15/2023 A la Carte 100995 AXON AIR, DJI MATRICE 350 RTK (NA) SP PLUS 1 12/15/2023 A la Carte 12343 AXON AIR, DJI WB37 INTELLIGENT BATTERY 2 12/15/2023

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Attachment: B - Axon Enterprise, Inc. Quote - Q-530710-45261.997TS (1) (2023-126 : Amendment to Non-Binding Budgetary Estimate
Page4 Q-530710-45261.998TS
Payment Details
Dec 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Hardware 100527 AXON AIR, DJI ZENMUSE H20N (NA) SP PLUS2 $18,500.30 $1,618.77 $20,119.07 Hardware 100684 AXON AIR,DJI MAVIC3 THERMAL (NA)SP PLUS4 $22,792.40 $1,994.33 $24,786.73 Hardware 100689 AXON AIR,DJI MAVIC3 ENTERPRISE SERIES-BATTERY KIT3 $1,779.30 $155.70 $1,935.00 Hardware 100990 AXON AIR, DJI MATRICE 350 TB65 INTELLIGENT FLIGHT BATTERY8 $5,600.00 $490.00 $6,090.00 Hardware 100991 AXON AIR, DJI MATRICE BS65 INTELLIGENT BATTERY STATION1 $1,200.00 $105.00 $1,305.00 Hardware 100995 AXON AIR, DJI MATRICE 350 RTK (NA) SP PLUS1 $9,461.05 $827.84 $10,288.89 Hardware 12343 AXON AIR, DJI WB37 INTELLIGENT BATTERY2 $118.00 $10.33 $128.33 Total $59,451.05 $5,201.97 $64,653.02

5.3.b
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Attachment: B - Axon Enterprise, Inc. Quote - Q-530710-45261.997TS (1) (2023-126 : Amendment to Non-Binding Budgetary Estimate

Page 5 ends

This Rough Order of Magnitude estimate is being provided for budgetary and planning purposes only. It is non-binding and is not considered a contractable offer for sale of Axon goods or services.

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

5.3.b
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Attachment: B - Axon Enterprise, Inc. Quote - Q-530710-45261.997TS (1) (2023-126 : Amendment to

CITY COUNCIL STAFF REPORT
DATE: December 12, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Chris Weeks, Transportation Division Manager
SUBJECT: RESOLUTION NO. 2023-127 - Authorizing the City Manager to Execute Cooperative Agreement No. 24SR.TDM Between the Contra Costa Transportation Authority and the City of San Ramon to Receive $521,033 in Transportation Funds for Clean Air (TFCA) and Measure J Commute Alternative Funds for Fiscal Year 2023/2024, to Implement the City of San Ramon and Southwest Area Transportation (SWAT) - Transportation Demand Management (TDM) Programs

EXECUTIVE SUMMARY
The City of San Ramon, on behalf of the public agencies in the Southwest Area Transportation (SWAT) sub-region (Danville, Lafayette, Moraga, Orinda, and unincorporated Contra Costa County), administers the SWAT Transportation Demand Management (TDM) Programs. At the regional level, through the Regional Transportation Planning Committees (RTPCs), the three regional TDM Program Managers are responsible for administering Countywide Programs, as well as local projects and programs. The Programs are a Countywide effort to reduce traffic congestion and air quality.

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

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

RECOMMENDED ACTION
Staff recommends that the City Council approve this Resolution authorizing the City Manager to execute Cooperative Agreement No. 24SR.TDM between the Contra Costa Transportation Authority (CCTA) and the City of San Ramon to receive $521,033 in Transportation Funds for

5.4 Packet Pg. 33
Clean Air (TFCA) and Measure J Commute Alternative Funds for Fiscal Year 2023/2024, to implement the City of San Ramon and Southwest Area Transportation (SWAT) - Transportation Demand Management (TDM) Program.

BACKGROUND
The San Ramon TDM Program was originally established in February 1989 when the City Council passed the Transportation Systems Management Ordinance. In 1992, the Bay Area Air Quality Management District (BAAQMD) adopted Regulation 13, Rule 1 - Employer Based Trip Reduction Program for large employers. Subsequently, in 1995, the State Legislature passed AB 434 (Lewis) eliminating mandatory Air Quality Employer-Based Trip Reduction Programs.

Consequently, the City’s Ordinance was amended in 1998 to reflect changes in the law eliminating mandatory Employer-Based Trip Reduction Programs to improve air quality.

However, as a condition of receiving Return to Source funds through Measure C, which is now Measure J, the City is obligated to implement and promote TDM Programs. Today, the San Ramon business community continues to participate in the City's Employer-Based Trip Reduction Program with over 500 employers registered for the Program.

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

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

The two other TDM Program Managers that are responsible for administering their sub-regional RTPC TDM programs are Advanced Mobility Group (AMG), managing TDM programs for TRANSPAC and TRANSPLAN, and WCCTAC that administers its own program. These two programs are not part of this agreement but are the other parts of the Countywide effort to reduce traffic congestion and air quality.

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

5.4 Packet Pg. 34
reduce traffic congestion and improve air quality by maximizing the use of the existing roadway system.

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

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

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

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

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

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

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

DISCUSSION
Approval of this Resolution is an annual action required by the City Council. The Contra Costa Transportation Authority (CCTA) is the Program Manager for the Bay Area Air Quality Management District's (BAAQMD) TFCA Program in Contra Costa County. As the Contra Costa County Congestion Management Agency, CCTA is also responsible for the allocation of Measure J Commute Alternative Funds to eligible jurisdictions. All cities/towns within Contra Costa County are required to adopt a Transportation Demand Management Ordinance as a condition of receiving Measure J Return to Source funds from the half-cent sales tax imposed by Measure J. Each city/town is required to develop and implement measures to reduce traffic congestion by promoting commute alternatives such as: carpooling, vanpooling, public transit, biking, walking, telecommuting, etc.

The Master Cooperative Agreement No. 24SR.TDM is an agreement between the City of San Ramon and CCTA to implement one or more projects throughout the SWAT region to reduce air pollution from motor vehicles and/or relieve traffic congestion by using TFCA and Measure J Commute Alternative funds. The City will invoice CCTA bi-monthly, along with providing supporting documentation to reimburse the City for qualified TDM expenditures that have incurred on or after July 1, 2023. In addition, the City is responsible for submitting quarterly, semi-annual, and annual reports for each TDM Program in the format and detail as required by CCTA. The TFCA funding expires August 31, 2025. The termination date may be extended in writing; however, it requires confirmation by CCTA.

The objective of 511 Contra Costa is to maintain a base level of TDM funding for the Contra Costa Countywide Incentive Programs; however, given the changing environment due to the

5.4 Packet Pg. 35
COVID-19 pandemic, changes to the Incentive Programs are inevitable. Consequently, the proposed budget provides the flexibility for staff to pivot from one incentive program to another, if required.

Therefore, staff will continue to work with the 511 Contra Costa group to develop new Incentive Programs to meet the current environment, promote, and administer Countywide programs and projects. Listed below are a few FY 2023/2024 SWAT Program activities:
• Promotion of Bike to Wherever Days and Bike to Work Day – Encourage employers, employees, cyclists, and the community to bike to wherever they travel to during the month of May and coordinate all the Southwest Contra Costa County energizer stations. • Micromobility Coordination – Develop and implement a strategy to coordinate micromobility (shared bikes, e-bikes, e-scooters, and docked bikes) for planning and implementation as a pilot project in SWAT region, in close partnership with cities/towns, county, and CCTA.
• Bicycle and EV Infrastructure Incentives – Provide funding for participating worksites, school sites, commercial businesses, multi-business parks, transit centers and jurisdictions in the form of bicycle racks, corrals, lockers, elockers, bike fix-it stations equipment, and EV charging stations at locations available to the public. • Bicycle Promotion – Provide funding for bicycle education classes and/or bicycle safety awareness to increase bicycling as a commute mode.
• Countywide Pass2Class Program – Provide students with free transit rides, provided by County Connection, for approximately two (2) months at the beginning of the school year.
• Assist and coordinate vanpool ride-matching workshops for worksites to encourage vanpooling instead of driving alone.
• Countywide Vanpool Passenger and Driver Incentive Programs:
o Vanpool Passengers – receive 50% reimbursement of their Vanpool fare after riding in a Vanpool for three consecutive months.
o Vanpool Driver Bonus – provide Vanpool drivers with a $1,000 bonus if they maintain a new Vanpool for 12 consecutive months, with a minimum of six (6) new Vanpool passengers.
o Vanpool Driver Rides Free – provides an additional incentive to the drivers to start a new Vanpool. The incentive provides up to $200 a month towards the Vanpool lease payment for the first year.
• Green Commute Promotions – Decrease single-occupant vehicles (SOV) and encourage the use of alternative and shared modes of transportation through commuter-based incentives, employer-based programs including offering a Welcome Back to the office gift basket, distribution and evaluation of employee transportation surveys, tabling at onsite fairs/events, sponsor in person and/or virtual webinars, and presentations. In addition, promoting commute challenges and attending community events. Assistance with the development of and/or maintenance of commute programs and compliance with the Bay Area Commuter Benefits Program (SB1339) and local ordinance requirements. • Community-based promotions to encourage behavior change toward increased use of alternative modes of transportation for all trip types including but not limited to, Electric

5.4 Packet Pg. 36
Bike Rebate Program, Adult Education Bike Safety Classes, Summer Bike Challenge, Summer Youth Pass, , and Bike Valet Parking at events.
• Update, Automate & Redesign the Countywide Vanpool Program and Website – Work with the 511 Contra Costa website consultant to do more targeted marketing promotions within the most congested areas throughout the County using social media. Combine older vanpool databases to create a more streamline Countywide database for maintaining required records. The goal is to reduce the amount of paperwork received and processed for this Program and provide an easy online system for users as well as better and more powerful reporting tool for staff.
• High School Carpool to School Program – Provide an incentive to encourage students to carpool to school. The purpose of the Program is to reduce traffic congestion during regular school bell times (may include signage, striping, and other improvements). • Measure J Traffic Congestion Relief Agency Program – TRAFFIX is a partnership between the City of San Ramon, Town of Danville, San Ramon Valley Unified School District, and Contra Costa County. The primary objective is to reduce traffic congestion in the most heavily traveled corridors throughout the San Ramon Valley. A portion of TDM funds are allocated to the TRAFFIX Program for operations. San Ramon receives 100% reimbursement from TRAFFIX for providing administrative staff support to oversee the day-to-day Program implementation. The funding for this Program will provide a fare reduction incentive to help reduce the monthly cost to parents.

Additional Countywide Programs include:
• Drive Less – The Program encourages commuters to make a change from driving alone to teleworking, carpooling, vanpooling, taking transit, biking, or walking to work. In return, commuters receive a $25 gift card of their choice or the option to plant 25 trees through One Tree Planted.
• Try Transit – The Program encourages commuters to pledge to try transit as an alternative to driving alone to/from work or college. Participants receive a $25 pre-loaded Clipper Card.
• Guaranteed Ride Home Program – The Program provides reimbursement to commuters who use a commute alternative to work or college and have an emergency. Commuters are reimbursed for the ride home and can use rideshare technology apps such as Uber and Lyft, bike rental, public transit, or a taxi. Commuters can use the incentive up to six times in a calendar year.

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

A summary of TDM Program funding for FY 2023/2024 is as follows:

5.4 Packet Pg. 37
Professional Services (Bike Education Classes) $3,000
Personnel Costs $154,875
TDM Programs Expenses and Commuter Incentives $357,158
Travel and Training $4,000
Office Expenses and Supplies $2,000
Total $521,033

STEPS FOLLOWING APPROVAL
Upon approval, staff will forward the signed Cooperative Agreement No. 24SR.TDM to the Contra Costa Transportation Authority.

5.4 Packet Pg. 38
RESOLUTION NO. 2023-127

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

AUTHORIZING THE CITY MANAGER TO EXECUTE COOPERATIVE
AGREEMENT NO. 24SR.TDM BETWEEN THE CONTRA COSTA

TRANSPORTATION AUTHORITY AND THE CITY OF SAN RAMON TO RECEIVE $521,033 IN TRANSPORTATION FUNDS FOR CLEAN AIR (TFCA) AND MEASURE J COMMUTE ALTERNATIVE FUNDS FOR FISCAL YEAR 2023/2024, TO IMPLEMENT

THE CITY OF SAN RAMON AND SOUTHWEST AREA TRANSPORTATION (SWAT) - TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAMS
WHEREAS, the City of San Ramon adopted a Transportation Demand Management (TDM) Ordinance in June 1998; and
WHEREAS, the City of San Ramon's TDM Ordinance goals are to reduce traffic congestion and improve air quality; and
WHEREAS, the City has a long-term commitment to provide TDM Programs to meet the needs of residents, businesses, and schools to improve the community’s quality of life; and WHEREAS, the City of San Ramon is required to adopt a TDM Ordinance as a condition of receiving Measure J Return to Source Funds from the half-cent sales tax imposed by Measure J and implement programs that reduce traffic congestion by promoting commute alternatives such as teleworking, carpooling, vanpooling, taking transit, biking, walking, etc.; and WHEREAS, the City of San Ramon and the Southwest Area Transportation (SWAT) jurisdictions, work with the 511 Contra Costa TDM Program and the Contra Costa Transportation Authority to implement cost-effective TDM Programs and Projects for local communities, businesses, and school districts; and
WHEREAS, the TDM Programs for Fiscal Year 2023/2024 will be modified to meet the needs of today’s environment, given the COVID-19 pandemic; and WHEREAS, the City of San Ramon/SWAT TDM Programs meet the criteria and qualifications of the Bay Area Air Quality Management District's Transportation Fund for Clean Air; and
WHEREAS, The Contra Costa Transportation Authority requires a new Cooperative Agreement for each new Fiscal Year between the City of San Ramon and the Contra Costa Transportation Authority (CCTA) to implement the SWAT TDM Programs; and WHEREAS, the Cooperative Agreement depicts how both TFCA and Measure J Commute Alternative funds will be spent, how the City is reimbursed, and what are eligible expenditures; and

5.4 Packet Pg. 39
WHEREAS, Cooperative Agreement No. 24SR.TDM between the Contra Costa Transportation Authority (CCTA) and the City of San Ramon provides for the City to receive $521,033 in Transportation Funds for Clean Air (TFCA) and Measure J Commute Alternative Funds for Fiscal Year 2023/2024, to implement the City of San Ramon and Southwest Area Transportation (SWAT) - Transportation Demand Management (TDM) Program; and WHEREAS, under Cooperative Agreement No. 24SR.TDM, the City of San Ramon is required to submit bi-monthly invoices for reimbursement, along with supporting documentation to the Contra Costa Transportation Authority; and
WHEREAS, under Cooperative Agreement No. 24SR.TDM, the City of San Ramon is further required to submit quarterly, semi-annual, and annual reports for each TDM Program in the format and detail as required by CCTA; and
WHEREAS, any qualified expenditures approved under Cooperative Agreement No. 24SR.TDM shall be eligible for reimbursement from TFCA funds when incurred on or after July 1, 2023; and
WHEREAS, the TFCA funding expires August 31, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Ramon does hereby approve this Resolution authorizing the City Manager to execute Cooperative Agreement No. 24SR.TDM between the Contra Costa Transportation Authority and the City of San Ramon to receive $521,033 in TFCA and Measure J Commute Alternative Funds for Fiscal Year 2023/2024, to implement the City of San Ramon and SWAT TDM Programs.

PASSED, APPROVED AND ADOPTED at the meeting of December 12, 2023 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk

5.4 Packet Pg. 40

CITY COUNCIL STAFF REPORT
DATE: December 12, 2023
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Debbie Chamberlain, Community Development Director
SUBJECT: RESOLUTION NO. 2023-128 - Authorizing a Loan from the General Fund of $701,000 to the Affordable Housing Trust Fund (Fund 371), and Payment to Standard Aspen Wood Venture, LP in the Amount of $4,948,387.13 from the Affordable Housing Trust Fund (Fund 371).

RECOMMENDED ACTION
Staff recommends adoption of this Resolution authorizing the approval of a $701,000 loan from the General Fund to Fund 371, the Affordable Housing Trust Fund (AHTF), and recommend payment from the AHTF to Standard Aspen Wood Venture LP in the amount of $4,948,387.13.

BACKGROUND/DISCUSSION
On October 26, 2021, the City Council, adopted a Resolution supporting Aspen Wood’s California Debt Limit Allocation Committee application and a financial commitment of $10.5 million for the construction of 122 low-income senior apartments, and one manager unit. In December 2021, Aspen Wood was awarded bond financing through the California Municipal Finance Authority (“CMFA”). On March 8, 2022, the City Council adopted a Resolution supporting issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $45,000,000, to finance the acquisition, construction, improvement and equipping the Aspen Wood project. On May 25, 2022, due to rising interest rates and volatility in the Stock Market, the Aspen Wood project encountered a financial shortfall, and the City increased the loan amount by $520,000 to cover Building and Engineering Services fees, for a total commitment of $11,020,000. On July 7, 2022, the project closed escrow. Subsequently, due to overestimated impact fees and to avoid delays in closing, which would have resulted in increased project cost, the City Council on August 9, 2022, adopted Resolution 2022-117 approving the below modified payment schedule for the $11,020,000 Aspen Wood Affordable Housing Trust Fund Loan.

July 7, 2022 Payment $4,000,000
Final January 3, 2024 Payment $4,948,387.13
Deferred Development Impact and Building
and Engineering Services Fees
$2,071,612.87
Loan Total $11,020,000

5.5 Packet Pg. 41
Originally, the Aspen Wood commitment was structured to prevent the AHTF from going negative with payments made following receipt of Faria Neighborhood 5 fees. However, although all building permits have been issued, with rising interest rates, homes sales slowed and fee payments delayed, such that the necessary funds have not been received, necessitating the use of General Fund monies to make the loan payment.

As of December 1, 2023, the Affordable Housing Trust Fund has a balance of $4,247,593.75, requiring a General Fund loan of $701,000 from the General Fund to cover the payment. Loan terms are that the loan will be repaid with simple interest each year on June 30 using all available fund balance in Fund 371 until the loan is paid in full. The interest rate charged will be the State’s most recently published monthly Pooled Money Investment Account (PMIA) rate during the month in which the loan is approved by the City Council. For example, the interest rate for a loan approved in November 2023 would be the published PMIA rate for the month of October 2023, which is 3.670%.

FINANCE COMMITTEE
On December 11, 2023, the Finance Committee reviewed the request and asked clarifying questions. The Committee was supportive of the loan from the General Fund and recommended consideration by the City Council.

FISCAL ANALYSIS
The preliminary General Fund ending reserve balance for FY 2022-23 is $28.9 million, which is 53% of General Fund Operating Expenditures, plus the annual transfer amount from the General Fund to the Dougherty Valley Fund; these figures include an estimated increase to the General Reserves of $6.5 million pending outcome of the FY 2022-23 audit. After the $701,000 loan to the Housing Fund, the General Reserve fund balance is estimated to be $28.2 million or 52%, still well above the 36% General Fund Reserve Policy minimum.

Approval of the loan will increase the authorized budget for the Affordable Housing Trust Fund (Fund 371) to $4,948,594.

STEPS FOLLOWING APPROVAL
Payment to Standard Aspen Wood Venture LP in the amount of $4,948,387.13.

ATTACHMENT
A. Housing Fund Balance Sheet 12.1.23
B. Standard Aspen Wood Venture LP Promissory Note

5.5 Packet Pg. 42
RESOLUTION NO. 2023-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING A LOAN FROM THE GENERAL FUND OF $701,000 TO THE AFFORDABLE HOUSING TRUST FUND (FUND 371), AND PAYMENT TO STANDARD ASPEN WOOD VENTURE, LP IN THE AMOUNT OF $4,948,387.13 FROM THE AFFORDABLE HOUSING TRUST FUND (FUND 371).

WHEREAS, On September 5, 2017, the Planning Commission approved the construction of the Aspen Wood project. The approved project is a 95-unit senior apartment development with 13 units provided to low and very-low income seniors. On November 14, 2017, after a call for review of the Planning Commission’s approval, the City Council adopted all the findings of the Planning Commission and approved the Project; and
WHEREAS, Aspen Wood Venture, L.P. (“Aspen Wood”) is a fully entitled project and nearly ready to be built; however, due to COVID-19 and escalating construction cost the applicant is now seeking Tax Exempt Bonds for project construction; and
WHEREAS, Aspen Wood has filed an application to secure the Tax-Exempt Bonds from California Debt Limit Allocation Committee (CDLAC), and the City to provide a letter of support for the $4.5 million; and
WHEREAS, Aspen Wood was not successful in securing funding in Round 2 of the Tax Exempt Bonding, it appears they are positioned well to receive Tax Exempt Bonds in Round 3 and requesting $10.5 million commitment from the City for the construction of 122 affordable units at 60% or below the area median income (AMI) level, for 55-years; and
WHEREAS, on October 12, 2021 the City Council considered the Draft Affordable Housing Trust Fund Policy and adopted Resolution 2021-116 approving the Affordable Housing Trust Fund Policy; and
WHEREAS, following adoption a Scribner’s error was identified requiring the City Council to readopt the Affordable Housing Trust Fund Policy; and WHEREAS, on October 26, 2021 the City Council reconsidered the Revised Affordable Housing Trust Fund Policy and adopted a Resolution approving the Affordable Housing Trust Fund Policy; and
WHEREAS, on October 18, 2021 the City Council Finance Committee considered Aspen Wood’s request and forwarded it to the City Council for consideration; and WHEREAS, the request for a loan from the Affordable Housing Trust Fund to

5.5 Packet Pg. 43
support the development of 122 all affordable units is an appropriate use of the Fund; and WHEREAS, on October 26, 2021, the City Council, adopted Resolution No. 2021- 125 supporting the Aspen Wood Project’s California Debt Limit Allocation Committee application and a financial commitment of $10.5 million for the construction of the 123- unit Project; and
WHEREAS, in December 2021, Aspen Wood was awarded bond financing through the California Municipal Finance Authority (“CMFA”) for the 122 affordable senior units, and one manager’s unit; and
WHEREAS, on February 3, 2022, the Applicant filed a Development Plan Amendment (DPA 2022-0012) requesting an amendment to the original Development Plan (DP 17-300-003) approval of the 95-unit Aspen Wood Senior Apartment Development Project for a 123-unit Aspen Wood Senior Apartment Development Project; and WHEREAS, on March 8, 2022, the City Council reviewed the draft Conditions of Approval, and Resolution to Adopted Resolution 2022-030 approving the Project; and WHEREAS, on March 8, 2022, the City Council held the TEFRA hearing and adopted Resolution 2022-031 approving the issuance of tax-exempt bonds from the CFMA; and
WHEREAS, on May 24, 2022, due to rising interest rates and volatility in the Stock Market, the Aspen Wood project has encountered a financial shortfall and the City Council adopted Resolution 2022-077 authorizing an increase in the loan amount by $520,000 to cover Building and Engineering Services fees for total loan of $11,020,000; and
WHEREAS, the $11,020,000 loan included the staff-estimated $2,245,000 in Development Impact and Building and Engineering Services Fees; and WHEREAS, final fee totals were actually $2,071,612.87, a difference of $172,387.13 between staff's estimate and the final fee totals; and WHEREAS, to avoid delays in closing, which would have resulted in increased project cost, on August 9, 2022 the City Council adopted Resolution 2022-117 authorizing a modified payment schedule to add the over-estimated fees of $173,387.13 to the January 2024 payment of $4,775,000, for a final payment of $4,948,387.13 with the loan commitment of $11,020,000 remaining unchanged; and
WHEREAS, July 7, 2022 the project closed escrow; and
WHEREAS, the final payment of $4,948,387.13 is due January 3, 2024; and WHEREAS, the Affordable Housing Trust Fund (Fund 371) has a balance of $4,247,593.75 and a General Fund loan in the amount of $701,000 is needed to make the final

5.5 Packet Pg. 44
payment; and
WHEREAS, the loan will be repaid with simple interest each year on June 30 using all available fund balance in Fund 371 until the loan is paid in full and the interest rate charged will be the State’s most recently published monthly Pooled Money Investment Account (PMIA) rate; and
WHEREAS, after the $701,000 loan to the Housing Fund, the General Reserve fund balance is estimated to be $28.2 million or 52%, still well above the 36% General Fund Reserve Policy minimum.

NOW, THEREFORE, BE IT RESOLVED, approval of the loan will increase the authorized budget for the Affordable Housing Trust Fund (Fund 371) to $4,948,594; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council does hereby authorize a $701,000 loan from the General Fund to Fund 371, the Affordable Housing Trust Fund (AHTF), and recommend payment from the AHTF to Standard Aspen Wood Venture LP in the amount of $4,948,387.13.

PASSED, APPROVED, AND ADOPTED on this 12th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

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

5.5 Packet Pg. 45

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Packet Pg. 46
Attachment: A. Housing Fund Balance Sheet 12.1.23 (2023-128 : Authorizing a Loan from the General 2525/029060-0155
17782933 -1-

PROMISSORY NOTE
July 6, 2022
FOR VALUE RECEIVED, the undersigned, Standard Aspen Wood Venture LP, a California limited partnership (“Borrower”), promises to pay to the CITY OF SAN RAMON, a California municipal corporation (the “City”), the principal sum of Seven Million Twenty Thousand Dollars ($7,020,000.00), plus accrued interest (if applicable), and other charges owing hereunder, or such lesser amount which shall from time to time be advanced by the City and owing hereunder pursuant to the terms of this Note.

Reference is made to the Deed of Trust securing this Note executed by Borrower in favor of the City, recorded against the Site in the Office of the Contra County Recorder on or about the date hereof, as may be amended from time to time (the “Deed of Trust”).

1. Interest. Interest shall accrue on the outstanding principal balance of this Note at the rate of zero and seventy-five one-hundredths percent (0.75%) per annum. Such interest shall be simple interest and shall not compound.

2. Advances. On the date of this Note, the City shall advance to Borrower the amount of Two Million Seventy-One Thousand Six Hundred Twelve and 87/100 Dollars ($2,071,612.87).

Such advance shall be deemed made in exchange for the City deeming certain development impact and inspection fees in the same amount as having been paid that are owed by Borrower to the City on or about the date hereof in connection with the development of the Property. On or before January 3, 2024, the City shall advance the remaining principal balance of Four Million Nine Hundred Forty-Eight Thousand Three Hundred Eighty-Seven and 13/100 Dollars ($4,948,387.13) to Borrower.

3. Repayment.
a. Any unpaid and outstanding amount of principal and accrued interest under this Note shall be due and payable on July 1, 2052 (the “Maturity Date”). No payments of any principal or interest under this Note shall be due prior to the Maturity Date. b. Borrower shall have the right to prepay all or any portion of this Note at any time without penalty.
c. Any payments made by Borrower in payment of this Note shall be applied in the following order: (i) first to the interest then accrued and due on the unpaid principal balance under this Note, and (ii) second to reduction of the principal balance of this Note. d. Notwithstanding anything to the contrary contained herein, City may declare all obligations hereunder immediately due and payable if Borrower, without the City’s prior written consent, sells or conveys the Property. Notwithstanding the foregoing, any requisite consent of the City to (a) the exercise of any purchase option or right of first refusal contained or referenced in the limited partnership agreement of Borrower and to (b) the assumption without penalty of loan obligations by the purchasing entity and the release of Borrower from such obligations, shall not be unreasonably withheld. Subject to any such consent requirement, the

5.5.b
Packet Pg. 47
Attachment: B. Standard Aspen Wood Venture LP Promissory Note (2023-128 : Authorizing a Loan from the General Fund of $701,000 to the 2525/029060-0155
17782933 -2-
exercise of rights under any such agreement shall not constitute a default or accelerate maturity of this Note.

4. Default. Borrower shall be deemed to be in default of this Note in the event Borrower (a) fails to timely make a payment required by this Note within ten (10) days following the due date of any payment due hereunder; or (b) Borrower is in material default of any of the covenants, terms, or provisions of this Note or the Deed of Trust, and Borrower fails to cure such default under the terms of the applicable agreement within thirty (30) days following Borrower’s receipt of written notice from the City; provided, however, that, if cure cannot reasonably be effected within such thirty (30) day period, there shall be no default under this Section 4 so long as Borrower promptly commences cure and thereafter diligently prosecutes such cure to completion. In the event of a default, the entire amount of this Note that has been disbursed to Borrower and all accrued interest thereon shall become immediately due and payable.

Notwithstanding anything to the contrary contained herein, prior to declaring any default or taking any remedy permitted hereunder or under applicable law based upon an alleged default under this Note, the City shall give a written notice to the limited partner of Borrower, and such limited partner shall have thirty (30) days to cure such default. The City hereby agrees that any cure of any default made by any limited partner of Borrower shall be deemed to be a cure by Borrower and shall be accepted or rejected on the same basis as if made by Borrower.

5. Collection Costs; Attorneys’ Fees. If this Note becomes due and is not paid, Borrower shall pay all costs of collection, including, but not limited to, attorneys’ fees and all expenses incurred in connection with the protection or realization of the collateral securing the payment hereof incurred by the City on account of such collection, whether or not suit is filed hereon.

6. Waiver of Presentment, Etc. Borrower waives presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note and any and all other notices or matters of a like nature, and consent to any and all renewals and extensions near the time of payment hereof and agree further that at any time and from time to time without notice, the terms of payment herein may be modified or the security described in any documents securing this Note released in whole or in part, or increased, changed or exchanged by agreement between the City and any owner of the premises affected by said documents securing this Note, without in any way affecting the liability of any party to this Note or any persons liable or to become liable with respect to any indebtedness evidenced hereby.

7. Severability; Governing Law; Amendment. The unenforceability or invalidity of any provision or provisions of this Note as to any persons or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other provisions or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable. This Note has been executed and delivered by Borrower in the State of California and is to be governed and construed in accordance with the internal laws thereof. Neither this Note nor any term hereof may be waived, amended, discharged, modified, changed, or terminated orally; nor shall any waiver of any provision hereof be effective except by an instrument in writing signed by Borrower and the City.

5.5.b
Packet Pg. 48
Attachment: B. Standard Aspen Wood Venture LP Promissory Note (2023-128 : Authorizing a Loan from the General Fund of $701,000 to the 2525/029060-0155
17782933 -3-

8. No Waiver by City. No waiver of any breach, default, or failure of condition under the terms of this Note or the Deed of Trust or the obligations secured thereby shall be implied from any failure of the City to take, nor shall any delay be implied from any failure by the City in taking action with respect to such breach, default, or failure from any prior waiver of any similar or unrelated breach, default, or failure.

9. Usury. Notwithstanding any provision in this Note, the Deed of Trust, or other document securing same, the total liability for payment of any interest shall not exceed the limit imposed by applicable laws of the State of California.

10. Business Day. If the due date for any payment is not a business day, such due date shall be deemed for all purposes to fall on the next business day.

11. Subordination. The indebtedness evidenced by this Note is and shall be subordinate in right of payment to the prior payment in full of all amounts then due and payable (including, but not limited to, all amounts due and payable by virtue of any default or acceleration or upon maturity) with respect to any secured financing obtained by Borrower in connection with the development and operation of the Property, as well as any regulatory or covenant agreements associated therewith or with Borrower’s receipt of low income housing tax credits pursuant to Section 42 of the Internal Revenue Code of 1986, as amended. In addition to, and not in limitation of the foregoing, the indebtedness evidenced by this Note is and shall be subordinate in right of payment to the prior payment in full of all amounts then due and payable (including, but not limited to, all amounts due and payable by virtue of any default or acceleration or upon maturity) with respect to (i) the indebtedness evidenced by the Note (as defined in that certain Multifamily Leasehold Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (California) (Tax Exempt), by the Borrower in favor of the California Municipal Finance Agency, and assigned to E-W Services, Inc., a California corporation (“Funding Lender”)), in the original maximum principal amount of $28,342,943, executed by Borrower and payable to Funding Lender, and (ii) the indebtedness evidenced by the Note (as defined in that certain Multifamily Leasehold Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing (California) (Taxable), by the Borrower in favor of East West Bank, a California banking corporation (“Taxable Lender,” and together with Funding Lender, “Senior Lender”)), in the original maximum principal amount of $17,006,113, executed by Borrower and payable to Taxable Lender, to the extent and in the manner provided in that certain Subordination and Intercreditor Agreement, dated as of June 28, 2022, between Senior Lender and the holder of this Note (the “Subordination Agreement”). The rights and remedies of the City and each subsequent holder of this Note shall be deemed, by virtue of such holder’s acquisition of this Note, to have agreed to perform and observe all of the terms, covenants and conditions to be performed or observed by the “Junior Lender” under the Subordination Agreement. The City further agrees that upon the maturity of any debt or obligation senior in priority to the Deed of Trust, the City shall subordinate this Note and the Deed of Trust to any new debt which is used to partially or fully repay said maturing senior debt or obligation.

12. Non-Recourse. Neither Borrower nor Borrower’s officers, partners, directors, employees or agents nor their respective members, managers, officers, partners, shareholders, directors, employees or agents shall have personal liability for the payment or performance of any

5.5.b
Packet Pg. 49
Attachment: B. Standard Aspen Wood Venture LP Promissory Note (2023-128 : Authorizing a Loan from the General Fund of $701,000 to the 2525/029060-0155
17782933 -4-
of Borrower’s obligations under this Note or the Deed of Trust. The City’s sole recourse shall be to realize against the collateral described in the Deed of Trust. [signatures follow]

5.5.b
Packet Pg. 50
Attachment: B. Standard Aspen Wood Venture LP Promissory Note (2023-128 : Authorizing a Loan from the General Fund of $701,000 to the IN WITNESS WHEREOF, Borrower and the City have executed this Note as of the date first above written.

BORROWER:

STANDARD ASPEN WOOD VENTURE LP,
a California limited partnership
By: Standard Aspen Wood Manager LP,
a California limited partnership,
its Administrative General Partner
By: Standard West Coast GP LLC,
a California limited liability company,
its General Partner
}�--·--- By: , , )
Name: Bradlef C. Martinson
Title: Authorized Representative
By: Housing On Merit XXII LLC,
a California limited liability company,
its Managing General Partner
By: Housing On Merit,
a California nonprofit public benefit corporation,
its Manager
CITY:

By:

Name: Jennifer Litwak
Title: Executive Director

CITY OF SAN RAMON,
a California municipal corporation
By: ___________ _
Name: _____________ _
Title: ______________ _
2525/029060-0155
17782933. -5-

5.5.b
Packet Pg. 51
Attachment: B. Standard Aspen Wood Venture LP Promissory Note (2023-128 : Authorizing a Loan from the General Fund of $701,000 to the IN WITNESS WHEREOF, Borrower and the City have executed this Note as of the date first above written.

BORROWER:

Name: Bradley C. Martinson
Title: Authorized Representative
By: Housing On Merit XXII LLC,
a California limited liability company,
its Managing General Partner
By: Housing On Merit,
a California nonprofit public benefit corporation,
its Manager
CITY:

By:

Name: J
Title:

CITY OF SAN RAMON,
a California municipal corporation
By: ___________ _
Name: _____________ _
Title: --------------
2525/029060-0155
I 7782933. -5-

5.5.b
Packet Pg. 52
Attachment: B. Standard Aspen Wood Venture LP Promissory Note (2023-128 : Authorizing a Loan from the General Fund of $701,000 to the IN WITNESS WHEREOF, Borrower and the City have executed this Note as of the date first above written.

BORROWER:

STANDARD ASPEN WOOD VENTURE LP,
a California limited partnership
By: Standard Aspen Wood Manager LP,
a California limited pattnership,
its Administrative General Partner
By: Standard West Coast GP LLC,
a California limited liability company,
its General Partner
By:

By:

Name: Jennifer Litwak
Title: Executive Director

CITY OF SAN RAMON,
a Californ,j' municipal c�
rporati"6n---
// \ jJ,1/
/1! ;J"fj
" ' I I ' I By: 11 ll,/ '1 \1, Name:/Joe Gorton I\ '\
Title: t::ity Manager l \
I \I I
2525/029060-0155
I 7782933,6 a06i14122 -5-
APPROVED AS TO FORM:

N
Ti
ATTEST:

By:

Name: Christina Franco I
Title: City Clerk
'K.t?�o/L,<11D(1 t,)o

5.5.b
Packet Pg. 53
Attachment: B. Standard Aspen Wood Venture LP Promissory Note (2023-128 : Authorizing a Loan from the General Fund of $701,000 to the

CITY COUNCIL STAFF REPORT
DATE: December 12, 2023
TO: City Council/City Manager
FROM: Maria Fierner, Public Works Director
By: Rod Wui, Senior Engineer
SUBJECT: RESOLUTION NO. 2023-129 - Approving the Final Map for Subdivision 9538 for the Aria Development Project, APN 208-260-054 (TTLC Townhomes)

EXECUTIVE SUMMARY
Aria is a residential development located at 500 Deerwood Road and approved for 57 residential multi-family units. The Developer, The True Life Communities (TTLC) has complied with the Project’s Conditions of Approval and the Final Map is in substantial conformance with the approved Vesting Tentative Map.

RECOMMENDED ACTION
Staff recommends adoption of this Resolution, approving the Final Map for Subdivision 9538 for the Aria Development Project, APN 208-260-054 (TTLC Townhomes).

BACKGROUND
The first development of the subject property was in the mid 1960’s as a warehouse facility consisting of a structure near the street with large outdoor storage area behind. In 2002, the warehouse was demolished due to the Deerwood Road Widening Project; however, the outdoor storage area remained unchanged and continued to be used in a similar manner, such as landscape contractor’s yards and construction material outdoor storage facilities.

In 2006, the Crow Canyon Specific Plan (CCSP) was adopted to guide the evolution of a 128- acre office and service commercial area with the goal of creating a new mixed-use community, and the subject property was zoned CS/O (Commercial Services/Offices) with RO (Residential Overlay).

On October 15, 2019, the Developer filed a concept review application for a 56-unit multi-family townhome development proposal at the subject location, and the Planning Commission held a public concept review and provided comments to the Developer on December 17, 2019. On July 16, 2020, the Developer filed a Preliminary Housing Development (PHD) application pursuant to SB 330 – Housing Crisis Act of 2019 to freeze the development standards for 180 days since the CCSP was under a revision process.

5.6 Packet Pg. 54
On November 24, 2020, the City Council adopted the updated CCSP and renamed it to San Ramon Village Specific Plan (SRVSP), and the land use designation of the subject property was rezoned from Commercial Services/Offices with Residential Overlay to Multiple Family Residential. The PHD gave the Developer the ability to process their application under either the old or the new standards. On January 12, 2021, the subject applications were filed within 180 days of the PHD application filing; however, the Developer chose to adhere to the current SRVSP standards.

On July 8, 2021, the subject applications were brought before the Architectural Review Board (ARB) for review of the objective architectural design standards in the SRVSP and seeking advisory comments to the Developer. This meeting was the first of the five public meetings allowed by the SB 330 regulations. The ARB suggested that the proposed Project would be consistent with the applicable objective development standards of the SRVSP with certain conditions of approval, and recommended staff to move forward with the expected application review process.

On August 17, 2021, the Planning Commission held a public hearing (the second public meeting under SB 330) on the Aria Project and approved Resolution No. 03-21 approving the proposed project.

DISCUSSION
Subdivision 9538 encompasses an area of approximately 2.47 acres and is located on the south side of Deerwood Road west of Old Crow Canyon Road. The Final Map will be for condominium purposes and will create 57 residential condominium units on 6 lots.

A copy of the Final Map for Subdivision 9538 is provided as Attachment A.

TTLC Townhomes has made numerous dedications for various parcels located throughout Subdivision 9538. Parcels A and B will be dedicated to the Homeowners Association subsequent to the filing of the Final Map for private ingress and egress, private utilities, private storm drains, overland drainage release, and landscaping purposes. No acceptance of these parcels is required by the City. These parcels are summarized in Table 1.

Table 1. Summary of Parcel Dedications in Subdivision 9538 Parcel Dedication Purpose
A & B Homeowners Association Ingress, egress, private utilities, private storm drains, overland drainage release, landscape
TTLC Townhomes has also made dedications for various easements located throughout Subdivision 9538. These easements have been dedicated to the City, or its designee, for purposes that include: pedestrian access, public utilities, and emergency vehicle access. Acceptance of these easements is required by the City to allow the City, or its designee, such as public utility providers or other public agencies, the San Ramon Valley Fire Protection District for example,

5.6 Packet Pg. 55
access for safety and maintenance purposes in the future. A summary of these easements is summarized in Table 2.

Table 2. Summary of Easement Dedications in Subdivision 9538 Land Description Dedication Purpose
Public Utility Easement City or its designee Public utility use for construction and maintenance of utility structures
Public Pedestrian Access
Easement
City or its designee Public use for pedestrian access, ingress, and egress
Emergency Vehicle
Access Easement
City or its designee Public use for ingress and egress of emergency vehicles and equipment
These easements are typically located on residential lots where utilities will be constructed, for additional pedestrian access, and for emergency vehicle access. No actual improvements or land title is being accepted by the City through the acceptance of these easements.

The Final Map also includes sanitary sewer easements dedicated to Central Contra Costa Sanitary District (CCCSD) for sanitary sewer purposes, perpetual easements dedicated to East Bay Municipal Utility District (EBMUD) for water utility purposes, and private access easements (PRAE) dedicated to the Homeowners Association for private street purposes. No action by the City is required for these easements.

Pursuant to the City’s Subdivision Ordinance, a Final Map or phased Final Map may be filed on an approved Vesting Tentative Map. The approval by City Council of such a Map is deemed to be a ministerial act. All of the Conditions of Approval for the Development pertaining to the Final Map have been reviewed by various departments and agencies to ensure they have been met and the Final Map is in substantial conformance with the approved Vesting Tentative Map.

With all of the above conditions being met, staff recommends approval of this Map.

FISCAL ANALYSIS
Fees in the amount of $12,063 were collected from the developer to review and process this Final Map. Bonds associated with the construction of the Aria Improvement Plans and associated improvements will be provided to the City as required prior to construction.

STEPS FOLLOWING APPROVAL
The Final Map for Subdivision 9538 will be signed by the City and then recorded by the Title Company.

ATTACHMENT
A: Final Map for Subdivision 9538

5.6 Packet Pg. 56
RESOLUTION NO. 2023-129

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON APPROVING THE FINAL MAP FOR SUBDIVISION 9538 FOR THE ARIA DEVELOPMENT PROJECT, APN 208-260-054 (TTLC TOWNHOMES)
WHEREAS, the Developer (TTLC Townhomes) has submitted a Final Map for Subdivision 9538 (Aria), for condominium purposes, for the creation of 57 condominium units; and
WHEREAS, on August 17, 2021, the Planning Commission approved Resolution No. 03-21 approving the Project; and
WHEREAS, public dedications to the City, or its designee, on the Final Map for Subdivision 9538 include easements for utility, pedestrian access, and emergency vehicle access; and
WHEREAS, the Final Map for Subdivision 9538 has been reviewed and approved by the City Engineer as being in compliance with the City of San Ramon’s subdivision requirements.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Ramon hereby approves the Final Map for Subdivision 9538.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of San Ramon hereby:

1. Accepts the following easements as dedicated on the Final Map for Subdivision 9538:
a. Public Utility Easements
b. Public Pedestrian Access Easements
c. Emergency Vehicle Access Easements

2. Authorizes the following:
a. The City Engineer, Acting City Surveyor, Community Development Director, and City Clerk to execute their statements upon said Final Map.

PASSED, APPROVED, AND ADOPTED at the meeting of December 12, 2023 by the following votes:

AYES:

NOES:

ABSENT:

5.6 Packet Pg. 57
ABSTAIN:

David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk

5.6 Packet Pg. 58
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5.6.a
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Attachment: A: Final Map for Subdivision 9538 (2023-129 : Subdivision 9538 Final Map) 68%',9,6,21

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Attachment: A: Final Map for Subdivision 9538 (2023-129 : Subdivision 9538 Final Map) 68%',9,6,21

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Attachment: A: Final Map for Subdivision 9538 (2023-129 : Subdivision 9538 Final Map) 68%',9,6,21

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Attachment: A: Final Map for Subdivision 9538 (2023-129 : Subdivision 9538 Final Map)

CITY COUNCIL STAFF REPORT
DATE: December 12, 2023
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Lauren Barr, Division Manager
SUBJECT: RESOLUTION NO. 2023-130 - Determining that 500 Deerwood Road, Assessor’s Parcel Number 208-260-054, is Annexed to the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services), and Directing the City Clerk to Record the Boundary Map and Notice of the Annexation

EXECUTIVE SUMMARY
The Conditions of Approval for the Residential Development approved for 500 Deerwood Road, Assessor’s Parcel Number 208-260-054 (Proposed Subdivision 9538) require the property owner(s) to provide a funding mechanism such as annexation into a Community Facilities District (CFD) to pay the cost of public certain municipal services. In order to satisfy the Condition of Approval, the applicant has agreed to annex the 500 Deerwood Road project into the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services).

RECOMMENDED ACTION
Staff recommends adoption of this Resolution determining that 500 Deerwood Road, Assessor’s Parcel Number: 208-260-054, is annexed to the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services) and directing the City Clerk to record the Boundary Map and Notice of the Annexation.
.

BACKGROUND/DISCUSSION
Formation of CFD 2014-1.

On February 25, 2014, the City Council adopted the following resolutions under the Mello-Roos Community Facilities Act of 1982, as amended (Mello-Roos Act):
• Resolution No. 2014-026 (the Resolution of Formation), approving the formation of the "City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services)" (CFD 2014-1) and a future annexation area for CFD 2014-1 (“Future Annexation Area”).

5.7 Packet Pg. 64
• Resolution No. 2014-027, determining the necessity to incur bonded indebtedness and other debt (as defined in the Mello-Roos Act) in the maximum aggregate principal amount of $50,000,000 that would be payable from special taxes levied within CFD 2014-1 (“Bonds”).

Also on February 25, 2014, a special election of the qualified landowner electors in CFD 2014-1 was held, at which at least two-thirds of the electors voting approved the levy of the special tax in CFD 2014-1, an appropriations limit for CFD 2014-1, and the issuance of the Bonds.

Subsequently, on March 20, 2014, the City Council adopted Ordinance No. 448, in which it levied special taxes within CFD 2014-1, including the initial territory in CFD 2014-1 and parcels in the Future Annexation Area that are annexed to the CFD in the future.

Purpose of CFD 2014-1
CFD No. 2014-1 is authorized to fund the following public facilities and ongoing municipal services:

Public Services
• Police Services;
• Parks, Recreational and Open Space Services (not including recreation program services);
• Street and Street Lighting Services;
• Landscaping Services; and
• Flood & Storm Protection & Storm Water Treatment Services.

Public Facilities
• Police facilities;
• Park and recreational facilities; and
• Open Space facilities.

Future Annexation Area
The City Council established the Future Annexation Area to provide for a streamlined process for annexation of properties into CFD 2014-1. Under the Mello-Roos Act, parcels in the Future Annexation Area may be annexed to CFD 2014-1 with the unanimous approval (Unanimous Approval) of the owner of the parcels, without any requirement for further public hearings or additional proceedings.

Annexation
The Conditions of Approval for the 500 Deerwood Road development (APN:208-260-054) require the property owner to provide a funding mechanism such as annexation into a CFD to pay the cost of certain municipal services. The proposed development is in the Future Annexation Area for CFD 2014-1. Prior to tonight’s City Council meeting, the property owner of 500 Deerwood Road development executed the attached Unanimous Approval for the annexation

5.7 Packet Pg. 65
of the 57 units associated with the 500 Deerwood Road development (APN:208-260-054, proposed Subdivision 9538). Execution by the property owner of the Unanimous Approval constitutes the unanimous approval and a unanimous vote by the property owner in favor of annexing their property to CFD No. 2014-1, the annual levy of special taxes according to the rate and method of apportionment of special tax (“RMA”) for CFD No. 2014-1, the CFD 2014-1 appropriations limit and the issuance of Bonds.

Mello-Roos Act Section 53339.8 provides that upon a determination by the legislative body that the area proposed to be annexed is added to the existing community facilities district, the clerk of the legislative body shall record notice of the annexation in the real property records of the County.

FISCAL ANALYSIS
There will be no financial impact to the City’s General Fund. The applicants have funded allowable costs associated with the annexation of their development project to CFD No. 2014-1.

Under the RMA, the FY 2023-24 special tax rates per developed units within the project is $888.42 per unit, although this amount is subject to annual escalation as set forth in the RMA.

Therefore, successful annexation into CFD No. 2014-1 could provide up to $50,639.94 in revenue annually (using the FY 2023-24 rates without escalation) when all of the parcels within the Project are developed. The taxes will be collected on the property tax rolls at the undeveloped land rate until such time as the residential units are complete.

STEPS FOLLOWING APPROVAL
After adoption of this Resolution for annexation the Residential Development approved for 500 Deerwood Road, Assessor’s Parcel Number 208-260-054 (Proposed Subdivision 9538) to CFD 2014-1, the City Clerk will record the boundary map and notice of the annexation in the County’s real property records of the County of Contra Costa.

ATTACHMENT
A: Resolution No. 2023-130
B: Unanimous Approval (Annex No 3)
C: Amendment to Notice of Special Tax Lien (Annex No. 3)

5.7 Packet Pg. 66
RESOLUTION NO. 2023-130

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON DETERMINING THAT 500 DEERWOOD ROAD, ASSESSOR’S PARCEL NUMBER 208-260-054, IS ANNEXED TO THE CITY OF SAN RAMON COMMUNITY FACILITIES DISTRICT NO. 2014-1 (PUBLIC

FACILITIES AND SERVICES), AND DIRECTING THE CITY CLERK TO RECORD THE BOUNDARY

MAP AND NOTICE OF THE ANNEXATION
WHEREAS, on February 25, 2014, the City Council adopted Resolution No. 2014-026, entitled “A Resolution of the City Council of the City of San Ramon Approving Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the "City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services)" (the “CFD”) and a "City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services) (Future Annexation Area)", authorizing the levy of a special tax on property within the CFD and establishing an appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, constituting California Government Code Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 (the “Mello-Roos Act”); and
WHEREAS, also on February 25, 2014, the City Council adopted Resolution No. 2014-027, entitled “A Resolution of the City Council of the City of San Ramon Determining Necessity to Incur Bonded and Other Indebtedness" (the “Resolution of Necessity”), determining the necessity to incur bonded indebtedness and other debt (as defined in the Mello-Roos Act) in the maximum aggregate principal amount of $50,000,000 upon the security of the special tax to be levied within the CFD pursuant to the Mello-Roos Act; and
WHEREAS, under the provisions of the Resolution of Formation and the Resolution of Necessity and pursuant to Resolution No. 2014-028, entitled “A Resolution of the City Council of the City of San Ramon Calling for a Special Election” (the “Election Resolution”), the propositions of the levy of the special tax, the establishment of the appropriations limit, and the incurring of bonded indebtedness and other debt were submitted to the qualified electors of the CFD as required by the provisions of the Mello5.7.a Packet Pg. 67
Attachment: A: Resolution No. 2023-130 (2023-130 : CFD Annexation-500 Deerwood Road) Roos Act and more than two-thirds of the votes cast at the election were in favor of the propositions, as declared by the City Council in Resolution No. 2014-029, adopted on February 25, 2014; and WHEREAS, in the Resolution of Formation, the City Council resolved that parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings; and WHEREAS, in Ordinance No. 448, adopted by the City Council on March 20, 2014 (the “Special Tax Ordinance”), the City Council authorized and levied special taxes within the CFD pursuant to the Mello-Roos Act, at the rate and in accordance with the rate and method of apportionment of special tax (the "Rate and Method") set forth in the Resolution of Formation, and further ordered that the provisions of the Special Tax Ordinance shall apply not only to the initial territory included in the CFD but also to parcels included in the Future Annexation Area that are annexed to the CFD at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the CFD; and, WHEREAS, Mello-Roos Act Section 53339.8 provides that upon a determination by the legislative body that the area proposed to be annexed is added to the existing community facilities district, the clerk of the legislative body shall record notice of the annexation pursuant to Streets and Highway Code Section 3117.5; and,
WHEREAS, the City Council has been provided with a Unanimous Approval executed by the owner of 500 Deerwood Road, Assessor’s Parcel Number(s) 208-260-054, in the Future Annexation Area, as such parcel is described on the attached Exhibit A and shown in the proposed boundary map attached as Exhibit B (the “Annexation Property”); and, WHEREAS, in order to comply with Mello-Roos Act Section 53339.8, the City Council wishes to determine that the Annexation Property is added to the CFD.

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Attachment: A: Resolution No. 2023-130 (2023-130 : CFD Annexation-500 Deerwood Road) NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are all true and correct, and BE IT FURTHER RESOLVED, that this City Council hereby determines that the Annexation Property is added to the CFD, the boundary map attached as Exhibit B is hereby approved, and the City Clerk is hereby ordered and directed to record notice of the annexation pursuant to Streets and Highway Code Section 3117.5 and the boundary map attached as Exhibit B in accordance with applicable law, and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED at the meeting of the 12th day of December, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk

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Attachment: A: Resolution No. 2023-130 (2023-130 : CFD Annexation-500 Deerwood Road)

EXHIBIT A

LEGAL DESCRIPTION OF ANNEXATION PROPERTY
PARCEL "A", AS SHOWN ON THE RECORD OF SURVEY FILED MARCH 16, 1973 IN BOOK 55 OF LICENSED SURVEYORS' MAPS, PAGE 49, CONTRA COSTA COUNTY RECORDS.

EXCEPTING THEREFROM: THE INTEREST CONVEYED TO THE CITY OF SAN RAMON BY DEED RECORDED APRIL 3, 1998, SERIES NO. 98-071706, OFFICIAL RECORDS.

APN: 208-260-054

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Attachment: A: Resolution No. 2023-130 (2023-130 : CFD Annexation-500 Deerwood Road)

EXHIBIT B

BOUNDARY MAP OF ANNEXATION PROPERTY

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Attachment: A: Resolution No. 2023-130 (2023-130 : CFD Annexation-500 Deerwood Road) ANNEXATION MAP NO. 3 TO
CITY OF SAN RAMON COMMUNITY FACILITIES DISTRICT NO. 2014-1

CITY OF SAN RAMON

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 2
3,500 1,750 0 3,500 7,000
Feet

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN RAMON THIS _______ DAY OF ______________, 2023.
_______________________________

CHRISTINA FRANCO, CITY CLERK

CITY OF SAN RAMON

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION NO. 3 TO CITY OF SAN RAMON COMMUNITY FACILITIES DISTRICT NO. 2014-1 (PUBLIC

FACILITIES AND SERVICES), CITY OF SAN RAMON, COUNTY OF CONTRA COSTA,

STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF SAN RAMON, AT A REGULAR MEETING THEREOF, HELD ON THE _______ DAY OF_______________, 2023, BY ITS RESOLUTION NO. _____________________. _______________________________

CHRISTINA FRANCO, CITY CLERK

CITY OF SAN RAMON

CONTRA COSTA COUNTY

STATE OF CALIFORNIA

REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED
"PROPOSED BOUNDARY MAP CITY OF SAN RAMON COMMUNITY
FACILITIES DISTRICT NO. 2014-1 (PUBLIC FACILITIES AND SERVICES), CITY OF SAN RAMON, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA," RECORDED ON JANUARY 21, 2014, UNDER DOCUMENT NO. 14-10395, IN BOOK 84, PAGE 43 OF MAPS OF ASSESSMENT AND COMMUNITY

FACILITIES DISTRICTS, IN THE OFFICE OF THE COUNTY RECORDER

OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP AFFECTS.

FILED THIS _______ DAY OF _________________, 2023, AT THE HOUR OF ________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT NO. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA. ______________________________

COUNTY RECORDER

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
ANNEXATION NO. 3 - TAX ZONE NO. 1
SEE SHEET 2
(PUBLIC FACILITIES AND SERVICES)
± ASSESSOR PARCEL WITHIN BOUNDARY: FOR PARTICULARS OF LINES

AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO THE ASSESSOR

PARCEL MAPS OF CONTRA COSTA COUNTY FOR ASSESSOR PARCEL
NUMBER 208-260-054.

LEGEND
PARCELS WITHIN CFD NO. 2014-1 INCLUDING
ANNEXATION NOS. 1 AND 2
CFD NO. 2014-1 ANNEXATION NO. 3

FUTURE ANNEXATION AREA, CITY OF SAN RAMON
PARCELS NOT PART OF CFD NO. 2014-1 OR THE FUTURE

ANNEXATION AREA

PARCEL LINES

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Attachment: A: Resolution No. 2023-130 (2023-130 : CFD Annexation-500 Deerwood Road) SHEET 2 OF 2
±
Annexation No. 3 - Tax Zone No. 1
(TTLC SAN RAMON - DEERWOOD LLC)

ASSESSOR
PARCEL
NUMBER
208-260-054

DEERWOOD RD
O
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D
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R
O
W
C
A
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ANNEXATION MAP NO. 3 TO
CITY OF SAN RAMON COMMUNITY FACILITIES DISTRICT NO. 2014-1

CITY OF SAN RAMON

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
(PUBLIC FACILITIES AND SERVICES)
200 100 0 200
Feet
LEGEND

PARCEL LINES
CFD NO. 2014-1 ANNEXATION NO. 3

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Attachment: A: Resolution No. 2023-130 (2023-130 : CFD Annexation-500 Deerwood Road) 1 UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)
__________________________
Annexation No. 3
Tax Zone 1
To the Honorable City Council,
City of San Ramon
7000 Bollinger Canyon Road
San Ramon, CA 94583
Members of the City Council:

The undersigned hereby states and certifies, under penalty of perjury, as follows:

1. Property Owner. The undersigned is the owner (the “Property Owner”) of fee simple title to the real property identified by the assessor’s parcel number(s) listed below and described as set forth in Exhibit C (the “Property”), and possesses all legal authority necessary to execute this Unanimous Approval. If requested by the City of San Ramon (the “City”), the Property Owner has supplied to the City current evidence of its ownership of the Property.

The Property Owner hereby represents and warrants that there are no persons resident on the Property that are registered to vote.

2. Acknowledgement of CFD. The Property Owner acknowledges and understands the following:
(a) The City Council of the City has formed the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services) (the “CFD”) and a future annexation area for the CFD (the “Future Annexation Area”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) for the purpose of financing the public facilities (the “Facilities”) and municipal services (the “Services”) described on Exhibit A hereto and made a part hereof.
(b) The proceedings for the formation of the CFD authorized the City Council to levy an annual special tax (the “Special Tax”) on property in the CFD as specified in the Rate and Method of Apportionment of Special Tax for the CFD (the “Rate and Method”), a copy of which is attached hereto as Exhibit B and made a part hereof. The Property is being annexed into Tax Zone 1.

The Property Owner acknowledges that the City will create a special account into which the Special Taxes will be deposited, when collected, and that the City will prepare

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road) -2-
the annual report required by Government Code Section 50075.3. The City will only apply the Special Taxes to finance the Facilities and the Services. (c) The proceedings for the formation of the CFD authorized the City Council to annex property in the Future Annexation Area to the CFD, without additional public hearings, upon approval of the owner of the property to be annexed as permitted by Section 53339.7(a) of the Act.
(d) The Property is in the Future Annexation Area for the CFD.

3. Unanimous Approval and Vote. In accordance with Section 53329.6 of the Act, this Unanimous Approval constitutes the unanimous approval and vote of the Property Owner in favor of the following matters for the purposes of Section 53339.7 et seq. of the Act and Articles XIIIA, XIIIB and XIIIC of the California Constitution:
a. Annexation: The annexation of the Property to the CFD for the purpose of financing the Facilities.
b. Special Tax: The levy of the Special Tax on the Property to finance the Facilities and Services, at the rate and for the duration set forth in the Rate and Method. c. Bonds and other Debt: The issuance of bonded indebtedness and other debt (as defined in the Act) for the CFD in an aggregate principal amount not to exceed $50,000,000. The Property Owner acknowledges that (i) the specific purpose of the bonds and other debt is to finance the acquisition and construction of the Facilities and pay related costs; (b) any proceeds received from the sale of any bonds and other debt will be applied only for such purpose; (c) the proceeds of any bonds and other debt will be deposited into special accounts to be created therefor as part of the issuance of the bonds and other debt; and (d) the City will cause a report to be prepared annually under Section 53411 of the Government Code.
d. Appropriations Limit: An initial appropriations limit for the CFD of $10,000,000.

4. Waivers. The Property Owner hereby irrevocably waives (i) any right the Property Owner may otherwise have to protest or challenge the validity of the proceedings to form the CFD and to authorize the annexation of any property (including the Property) to the CFD, and (ii) any necessity, requirement or right for further public hearings or any election pertaining to the annexation of the Property to the CFD or the levy of the Special Tax on the Property.

5. Recordation of Amendment to Notice of Special Tax Lien. The Property Owner acknowledges and understands that a Notice of Special Tax Lien for the CFD was recorded in the Office of the Recorder of the County of Contra Costa on March 7, 2014, as Document No. 2014-0035106-00 and was previously amended in connection with one or more prior annexations to the CFD (the “Notice of Special Tax Lien”). The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of Contra Costa an amendment to the Notice of Special Tax Lien for the CFD as required by Section 3117.5 of the California Streets and Highways Code, which will impose a continuing lien on the Property to secure each levy of the Special Tax. The amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto. The Property Owner acknowledges and understands that the lien of the Special Tax on

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road) -3-
the Property is coequal with the lien for ad valorem real property taxes levied by the County on the Property.

6. Disclosures. The Property Owner hereby agrees to provide to any subsequent purchaser of the Property written notice of the annexation of the Property to the CFD, and of the authority of the City Council to levy the Special Tax on the Property pursuant to the Rate and Method, to the extent required by applicable law.

7. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements and to take such additional actions as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City’s costs in annexing the Property to the CFD. [End of page]

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road) -4-
The Property subject to this Unanimous
Approval and to be annexed to the CFD,
consists of the following Assessor’s Parcel:
208-260-054
The full legal name of the Property Owner
is: TTLC San Ramon - Deerwood, LLC, a
California limited liability company
The foregoing Unanimous Approval is hereby executed this _______ day of ______________, 20__, in _________________, California.

TTLC San Ramon - Deerwood, LLC,
a California limited liability company
By: The True Life Companies Elite Fund III, LLC,
a Delaware limited liability company
Its: Member & Manager
By: TTLC EFIII, LLC
a Delaware limited liability company
Its: Manager
By: ______________________________
Scott Menard, Authorized Agent
By: The True Life Companies Elite Fund II, LLC,
a Delaware limited liability company
Its: Member & Manager
By: TTLC EFII, LLC,
a Delaware limited liability company
Its: Manager
By: _______________________________
Scott Menard, Authorized Agent
By: The True Life Companies Elite Fund I, LP,
a Delaware limited partnership
Its: Member & Manager
By: TTLC Management, Inc.,
an Arizona corporation
Its: General Partner
By: _______________________________
Scott Menard, Authorized Agent

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road) Exhibit A

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EXHIBIT A

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)

DESCRIPTION OF FACILITIES AND SERVICES

TO BE FINANCED BY THE CFD

FACILITIES
The Facilities shown below are proposed to be financed in whole or in part by the CFD. The Facilities shall be constructed, whether or not acquired in their completed states, pursuant to the plans and specifications approved by the City of San Ramon (the "City") and the officials thereof.

Acquisition, construction and improvement of police and public safety facilities, park and recreational facilities, and open space facilities. Special Taxes may be used for the purposes listed in this paragraph only through Fiscal Year 2064-65.

The facilities to be financed shall include the costs of the acquisition of right-ofway the costs of design, engineering and planning, the costs of any environmental or traffic studies, (including right-of-way that is intended to be dedicated by the recording of a final map), surveys or other reports, costs related to landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing.

The CFD may also finance any of the following:

1. Expenses related to bonds and other debt, including underwriters discount, reserve fund, capitalized interest, letter of credit fees and expenses, bond and disclosure counsel fees and expenses, bond remarketing costs, and all other incidental expenses.

2. Administrative fees of the City and the bond trustee or fiscal agent related to the CFD and the bonds and other debt.

3. Reimbursement of costs related to the formation of the CFD advanced by the City, the landowner(s) in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, the landowner(s) in the CFD or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the CFD.

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road) Exhibit A

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

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

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road) Exhibit C

EXHIBIT C

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)

LEGAL DESCRIPTION OF THE PROPERTY
PARCEL "A", AS SHOWN ON THE RECORD OF SURVEY FILED MARCH 16, 1973 IN BOOK 55 OF LICENSED SURVEYORS' MAPS, PAGE 49, CONTRA COSTA COUNTY RECORDS.

EXCEPTING THEREFROM: THE INTEREST CONVEYED TO THE CITY OF SAN RAMON BY DEED RECORDED APRIL 3, 1998, SERIES NO. 98-071706, OFFICIAL RECORDS.

APN: 208-260-054

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Attachment: B: Unanimous Approval (Annex No 3) (2023-130 : CFD Annexation-500 Deerwood Road) 1 WHEN RECORDED MAIL TO:

City Clerk
City of San Ramon
7000 Bollinger Canyon Road,
San Ramon, CA 94583
Affected Assessor Parcel No(s).: 208-260-054
Affected Address: 500 Deerwood Road, San Ramon, CA 94583

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code of California and the Mello-Roos Community Facilities Act of 1982, as amended (Chapter 2.5 of Part of Division 2 of Title 5, commencing with Section 53311, of the California Government Code) (the “Act”), the undersigned City Clerk of the City of San Ramon, County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of San Ramon on the property described on Exhibit C hereto and incorporated herein (the "Property").

The special tax secured by this lien is authorized to be levied in the "City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services)" (the "CFD"). The CFD was formed for the purpose of paying principal and interest on bonds and other debt, the proceeds of which are being used to finance the acquisition and construction of all or a portion of the public facilities described in Exhibit A attached hereto and hereby made a part hereof, to pay the cost of the public facilities, to pay the costs of certain municipal services and to pay the cost of administering the CFD.

The territory originally included in the CFD is set forth in a revised boundary map of the CFD recorded on March 7, 2014, at 9:33 a.m. as Document No. 14-35105 in Book 84, page 49 of the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of Contra Costa, State of California, and such map has been supplemented in connection with prior annexations of property to the CFD.

A Notice of Special Tax Lien was recorded for the territory originally included in the CFD on March 7, 2014, as Document No. 2014-0035106-00 in the office of the County Recorder for the County of Contra Costa (the “Original Notice of Special Tax Lien”), and has been amended in connection with prior annexations of property to the CFD.

The Property is included in the territory that is identified as “Future Annexation Area” on the boundary map of the CFD described in the preceding paragraph, and this Amendment to

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Attachment: C: Amendment to Notice of Special Tax Lien (Annex No. 3) (2023-130 : CFD Annexation-500 Deerwood Road) 2 Notice of Special Tax Lien amends the Original Notice of Special Tax Lien, as previously amended, to give notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of San Ramon on the Property.

The lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code
The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. The property is annexing into Tax Zone 1. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as set forth in said Exhibit B and hereby incorporated herein by this reference.

Notice is further given that upon the recording of this notice in the office of the County Recorder the obligation to pay the special tax levy shall become a lien upon the Property in accordance with Section 3115.5 of the Streets and Highways Code of California.

The name(s) of the owner(s) and the assessor's tax parcel number (s) of the Property are as set forth in Exhibit C attached hereto and hereby made a part hereof.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Administrative Services Director, City of San Ramon, 7000 Bollinger Canyon Road, San Ramon, CA 94583; Telephone: (925) 973-2500.

Dated: As of ___________, 20__
By:

City Clerk,
City of San Ramon

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Attachment: C: Amendment to Notice of Special Tax Lien (Annex No. 3) (2023-130 : CFD Annexation-500 Deerwood Road) A-1

EXHIBIT A

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)

DESCRIPTION OF FACILITIES AND SERVICES

TO BE FINANCED BY THE CFD

The CFD may also finance any of the following:

2. Administrative fees of the City and the bond trustee or fiscal agent related to the CFD and the bonds and other debt.

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Attachment: C: Amendment to Notice of Special Tax Lien (Annex No. 3) (2023-130 : CFD Annexation-500 Deerwood Road) A-2

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Attachment: C: Amendment to Notice of Special Tax Lien (Annex No. 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: C: Amendment to Notice of Special Tax Lien (Annex No. 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: C: Amendment to Notice of Special Tax Lien (Annex No. 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: C: Amendment to Notice of Special Tax Lien (Annex No. 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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Attachment: C: Amendment to Notice of Special Tax Lien (Annex No. 3) (2023-130 : CFD Annexation-500 Deerwood Road)

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EXHIBIT C

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)
ASSESSOR’S PARCEL NUMBERS, LEGAL DESCRIPTION

AND OWNERS OF LAND
Assessor’s
Parcel No(s). Name(s) of Property Owners
208-260-054 TTLC San Ramon - Deerwood, LLC
LEGAL DESCRIPTION:

PARCEL "A", AS SHOWN ON THE RECORD OF SURVEY FILED MARCH 16, 1973 IN BOOK 55 OF LICENSED SURVEYORS' MAPS, PAGE 49, CONTRA COSTA COUNTY RECORDS.

EXCEPTING THEREFROM: THE INTEREST CONVEYED TO THE CITY OF SAN RAMON BY DEED RECORDED APRIL 3, 1998, SERIES NO. 98-071706, OFFICIAL RECORDS.

APN: 208-260-054

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CITY COUNCIL STAFF REPORT
DATE: December 12, 2023
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Cindy Yee, Senior Planner
SUBJECT: RESOLUTION NO. 2023-131 - Annexation of 9000 Alcosta Boulevard, Assessor’s Parcel Number 210-520-031, Determining that Property is Annexed to the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services), and Directing the City Clerk to Record the Boundary Map and Notice of the Annexation

EXECUTIVE SUMMARY
The Conditions of Approval for the Senior Multi-Family Residential Development approved for 9000 Alcosta Blvd., Assessor’s Parcel Number 210-520-031 require the property owner(s) to provide a funding mechanism such as annexation into a Community Facilities District (CFD) to pay the cost of public certain municipal services. In order to satisfy the Condition of Approval, the applicant has agreed to annex the 9000 Alcosta Blvd. project into the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services).

RECOMMENDED ACTION
Staff recommends adoption of this Resolution determining that 9000 Alcosta Blvd., Assessor's Parcel No. 210-520-031 is annexed to the City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services), and directing the City Clerk to record the boundary map and notice of the annexation.

BACKGROUND/DISCUSSION
Formation of CFD 2014-1.

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other debt (as defined in the Mello-Roos Act) in the maximum aggregate principal amount of $50,000,000 that would be payable from special taxes levied within CFD 2014-1 (“Bonds”).

Purpose of CFD 2014-1
CFD No. 2014-1 is authorized to fund the following public facilities and ongoing municipal services:

Public Facilities
• Police facilities;
• Park and recreational facilities; and
• Open Space facilities.

Annexation
The Conditions of Approval for the 9000 Alcosta Blvd. development (APN: 210-520-031) require the property owner to provide a funding mechanism such as annexation into a CFD to pay the cost of certain municipal services. The proposed development is in the Future Annexation Area for CFD 2014-1. Prior to tonight’s City Council meeting, the property owner of 9000 Alcosta Blvd. development executed the attached Unanimous Approval for the annexation of the 123 units associated with the 9000 Alcosta Blvd. development (APN: 210-520-031).

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Execution by the property owner of the Unanimous Approval constitutes the unanimous approval and a unanimous vote by the property owner in favor of annexing their property to CFD No. 2014-1, the annual levy of special taxes according to the rate and method of apportionment of special tax (“RMA”) for CFD No. 2014-1, the CFD 2014-1 appropriations limit and the issuance of Bonds.

Under the RMA, the FY 2023-24 special tax rates per developed units within the project is $666.32 per unit, although this amount is subject to annual escalation as set forth in the RMA.

Therefore, successful annexation into CFD No. 2014-1 could provide up to $81,957.36 in revenue annually (using the FY 2023-24 rates without escalation) when all of the parcels within the Project are developed. The taxes will be collected on the property tax rolls at the undeveloped land rate until such time as the residential units are complete.

STEPS FOLLOWING APPROVAL
After adoption of this Resolution for annexation the Residential Development approved for 9000 Alcosta Boulevard, Assessor’s Parcel Number 210-520-031 to CFD 2014-1, the City Clerk will record the boundary map and notice of the annexation in the County’s real property records of the County of Contra Costa

ATTACHMENT
A: Resolution No. 2023-131
B: Unanimous Approval Consent (Annexation No. 4)
C: Amendment to Notice of Special Tax Lien (Annexation No. 4)

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RESOLUTION NO. 2023-131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON DETERMINING THAT 9000 ALCOSTA BOULEVARD, ASSESSOR’S PARCEL NUMBER 210-520-031, IS ANNEXED TO THE CITY OF SAN RAMON COMMUNITY FACILITIES DISTRICT NO. 2014-1 (PUBLIC FACILITIES AND

SERVICES), AND DIRECTING THE CITY CLERK TO RECORD THE BOUNDARY MAP AND NOTICE

OF THE ANNEXATION
WHEREAS, on February 25, 2014, the City Council adopted Resolution No. 2014-026, entitled “A Resolution of the City Council of the City of San Ramon Approving Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the "City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services)" (the “CFD”) and a "City of San Ramon Community Facilities District No. 2014-1 (Public Facilities and Services) (Future Annexation Area)", authorizing the levy of a special tax on property within the CFD and establishing an appropriations limit for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, constituting California Government Code Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311 (the “Mello-Roos Act”); and
WHEREAS, also on February 25, 2014, the City Council adopted Resolution No. 2014-027, entitled “A Resolution of the City Council of the City of San Ramon Determining Necessity to Incur Bonded and Other Indebtedness" (the “Resolution of Necessity”), determining the necessity to incur bonded indebtedness and other debt (as defined in the Mello-Roos Act) in the maximum aggregate principal amount of $50,000,000 upon the security of the special tax to be levied within the CFD pursuant to the Mello-Roos Act; and
WHEREAS, under the provisions of the Resolution of Formation and the Resolution of Necessity and pursuant to Resolution No. 2014-028, entitled “A Resolution of the City Council of the City of San Ramon Calling for a Special Election” (the “Election Resolution”), the propositions of the levy of the special tax, the establishment of the appropriations limit, and the incurring of bonded indebtedness and other debt were submitted to the qualified electors of the CFD as required by the provisions of the Mello5.8.a Packet Pg. 105 Attachment: A: Resolution No. 2023-131 (2023-131 : CFD Annexation - 9000 Alcosta Blvd) Roos Act and more than two-thirds of the votes cast at the election were in favor of the propositions, as declared by the City Council in Resolution No. 2014-029, adopted on February 25, 2014; and WHEREAS, in the Resolution of Formation, the City Council resolved that parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings; and WHEREAS, in Ordinance No. 448, adopted by the City Council on March 20, 2014 (the “Special Tax Ordinance”), the City Council authorized and levied special taxes within the CFD pursuant to the Mello-Roos Act, at the rate and in accordance with the rate and method of apportionment of special tax (the "Rate and Method") set forth in the Resolution of Formation, and further ordered that the provisions of the Special Tax Ordinance shall apply not only to the initial territory included in the CFD but also to parcels included in the Future Annexation Area that are annexed to the CFD at the rate or rates to be approved unanimously by the owner or owners of each parcel or parcels to be annexed to the CFD; and, WHEREAS, Mello-Roos Act Section 53339.8 provides that upon a determination by the legislative body that the area proposed to be annexed is added to the existing community facilities district, the clerk of the legislative body shall record notice of the annexation pursuant to Streets and Highway Code Section 3117.5; and,
WHEREAS, the City Council has been provided with a Unanimous Approval executed by the owner of 9000 Alcosta Boulevard, Assessor’s Parcel Number(s) 210-520-031, in the Future Annexation Area, as such parcel is described on the attached Exhibit A and shown in the proposed boundary map attached as Exhibit B (the “Annexation Property”); and, WHEREAS, in order to comply with Mello-Roos Act Section 53339.8, the City Council wishes to determine that the Annexation Property is added to the CFD.

NOW, THEREFORE, BE IT RESOLVED, that the foregoing recitals are all true and correct, and

5.8.a
Packet Pg. 106 Attachment: A: Resolution No. 2023-131 (2023-131 : CFD Annexation - 9000 Alcosta Blvd) BE IT FURTHER RESOLVED, that this City Council hereby determines that the Annexation Property is added to the CFD, the boundary map attached as Exhibit B is hereby approved, and the City Clerk is hereby ordered and directed to record notice of the annexation pursuant to Streets and Highway Code Section 3117.5 and the boundary map attached as Exhibit B in accordance with applicable law, and BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED at the meeting of December 12, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

David E. Hudson, Mayor
ATTEST:

Christina Franco, City Clerk
Exhibit A: Legal Description of Annexation Property
Exhibit B: Boundary Map of Annexation Property

5.8.a
Packet Pg. 107 Attachment: A: Resolution No. 2023-131 (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

EXHIBIT A

LEGAL DESCRIPTION OF ANNEXATION PROPERTY
PARCEL ONE:

Lot 5, Map of Subdivision No. 4583, Alcosta Mall, Filed June 29, 1976, Map Book 186, Page 3, Contra Costa County Records.

EXCEPTING THEREFROM:

All oil, gas and other hydrocarbon substances in and under or that may be produced from a depth of 500 feet of the surface of said property without right of entry upon the surface of said property for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydrocarbon substances or other use or right in or to any portion of the surface of said property, as reserved in the Deed from Volk-McLain Communities, Inc., a corporation, formerly the Volk-McLain Co., a corporation, recorded September 25, 1964, Book 4710, Official Records, Page 718.

PARCEL TWO:

Portion Lot 4, Subdivision 4583, Alcosta Mall, filed June 29, 1976, Map Book 186, Pages 3 and 4, Contra Costa County Records, and more particularly described as follows:

7.00 feet; thence South 36° 08' 39" East 58.67 feet; thence South 53° 51' 21" West 7.00 feet; thence South 36° 08' 39" East 80.00 feet; thence South 54° 48' 57" West 65.48 feet; thence South 35° 11' 03" East 7.00 feet; thence South 54° 48' 57" West 58.67 feet; thence North 35° 11' 03" West 7.00 feet; thence South 54° 48' 57" West 60.67 feet; thence South 26° 49' 19" West 50.11 feet to the Northeasterly line of said Kimball Avenue; thence along Kimball Avenue Westerly along the arc of curve to the right having a radius of 247.86 feet, through a central angle of 1° 23' 43", an arc distance of 6.04 feet; thence tangent to said curve North 61° 47' 33" West 69.36 feet to the point of beginning.

EXCEPTING THEREFROM:

APN: 210-520-031

5.8.a
Packet Pg. 108 Attachment: A: Resolution No. 2023-131 (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

EXHIBIT B

BOUNDARY MAP OF ANNEXATION PROPERTY

5.8.a
Packet Pg. 109 Attachment: A: Resolution No. 2023-131 (2023-131 : CFD Annexation - 9000 Alcosta Blvd) ANNEXATION MAP NO. 4 TO
CITY OF SAN RAMON COMMUNITY FACILITIES DISTRICT NO. 2014-1

CITY OF SAN RAMON

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
SHEET 1 OF 2
3,500 1,750 0 3,500 7,000
Feet

FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF SAN RAMON THIS _______ DAY OF ______________, 2023.
_______________________________

CHRISTINA FRANCO, CITY CLERK

CITY OF SAN RAMON

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING ANNEXATION NO. 4 TO CITY OF SAN RAMON COMMUNITY FACILITIES DISTRICT NO. 2014-1 (PUBLIC

FACILITIES AND SERVICES), CITY OF SAN RAMON, COUNTY OF CONTRA COSTA,

CHRISTINA FRANCO, CITY CLERK

CITY OF SAN RAMON

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
FILED THIS _______ DAY OF _________________, 2023, AT THE HOUR OF ________ __.M IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE _______, DOCUMENT NO. _______________ IN THE OFFICE OF THE COUNTY RECORDER IN CONTRA COSTA COUNTY, STATE OF CALIFORNIA. ______________________________

COUNTY RECORDER

CONTRA COSTA COUNTY

STATE OF CALIFORNIA
ANNEXATION NO. 4 - TAX ZONE NO. 1
SEE SHEET 2
(PUBLIC FACILITIES AND SERVICES)
±

FACILITIES DISTRICTS, IN THE OFFICE OF THE COUNTY RECORDER

OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAP AFFECTS.

ASSESSOR PARCEL WITHIN BOUNDARY: FOR PARTICULARS OF LINES

AND DIMENSIONS OF PARCELS, REFERENCE IS MADE TO THE ASSESSOR

PARCEL MAPS OF CONTRA COSTA COUNTY FOR ASSESSOR PARCEL
NUMBER 208-260-054.

LEGEND
PARCELS WITHIN CFD NO. 2014-1 INCLUDING
ANNEXATION NOS. 1 AND 2
CFD NO. 2014-1 ANNEXATION NO. 4

FUTURE ANNEXATION AREA, CITY OF SAN RAMON
PARCELS NOT PART OF CFD NO. 2014-1 OR THE FUTURE

ANNEXATION AREA

PARCEL LINES

5.8.a
Packet Pg. 110 Attachment: A: Resolution No. 2023-131 (2023-131 : CFD Annexation - 9000 Alcosta Blvd) SHEET 2 OF 2
±
Annexation No. 4 - Tax Zone No. 1
(HOUSING ON MERIT XXII LLC)

ASSESSOR
PARCEL
NUMBER
210-520-031

KIMBALL AVE
ANNEXATION MAP NO. 4 TO
CITY OF SAN RAMON COMMUNITY FACILITIES DISTRICT NO. 2014-1

CITY OF SAN RAMON

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
(PUBLIC FACILITIES AND SERVICES)
200 100 0 200
Feet

ALCOSTA
BLVD
Legend

PARCEL LINES
CFD NO. 2014 ANNEXATION NO. 4

FUTURE ANNEXATION AREA, CITY OF SAN RAMON

5.8.a
Packet Pg. 111 Attachment: A: Resolution No. 2023-131 (2023-131 : CFD Annexation - 9000 Alcosta Blvd) 1 UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)
__________________________
Annexation No. 4
Tax Zone 1
To the Honorable City Council,
City of San Ramon
7000 Bollinger Canyon Road San Ramon, CA 94583
Members of the City Council:

The undersigned hereby states and certifies, under penalty of perjury, as follows:

The Property Owner hereby represents and warrants that there are no persons resident on the Property that are registered to vote.

Exhibit C includes the cost estimate for the Services to be financed by the Property. The Property is being annexed into Tax Zone 1.

5.8.b
Packet Pg. 112 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) -2-
The Property Owner acknowledges that the City will create a special account into which the Special Taxes will be deposited, when collected, and that the City will prepare the annual report required by Government Code Section 50075.3. The City will only apply the Special Taxes to finance the Facilities and the Services. (c) The proceedings for the formation of the CFD authorized the City Council to annex property in the Future Annexation Area to the CFD, without additional public hearings, upon approval of the owner of the property to be annexed as permitted by Section 53339.7(a) of the Act.
(d) The Property is in the Future Annexation Area for the CFD.

5.8.b
Packet Pg. 113 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) -3-
amendment to the Notice of Special Tax Lien shall include the Rate and Method as an exhibit thereto. The Property Owner acknowledges and understands that the lien of the Special Tax on the Property is coequal with the lien for ad valorem real property taxes levied by the County on the Property.

The Property subject to this Unanimous
Approval and to be annexed to the CFD,
consists of the following Assessor’s Parcel:
210-520-031
The full legal name of the Property Owner
is: Housing on Merit XXII, LLC, a California
limited liability company,
The foregoing Unanimous Approval is hereby executed this _______ day of ______________, 20__, in _________________, California.

Housing On Merit XXII LLC,
a California limited liability company
By: Housing On Merit,
a California nonprofit public benefit
corporation
Its: Manager
By:

Name: Miguel Garcia
Title: Authorized Representative

5.8.b
Packet Pg. 114 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) Exhibit A

Page 1 ends

EXHIBIT A

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)

DESCRIPTION OF FACILITIES AND SERVICES

TO BE FINANCED BY THE CFD

The CFD may also finance any of the following:

2. Administrative fees of the City and the bond trustee or fiscal agent related to the CFD and the bonds and other debt.

5.8.b
Packet Pg. 115 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) Exhibit A

Page 2 ends

5.8.b
Packet Pg. 116 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.b
Packet Pg. 117 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.b
Packet Pg. 118 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.b
Packet Pg. 119 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.b
Packet Pg. 120 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.b
Packet Pg. 121 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.b
Packet Pg. 122 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.b
Packet Pg. 123 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.b
Packet Pg. 124 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) Exhibit C

Page 1 ends

EXHIBIT C

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)

LEGAL DESCRIPTION OF THE PROPERTY
PARCEL ONE:

Lot 5, Map of Subdivision No. 4583, Alcosta Mall, Filed June 29, 1976, Map Book 186,

Page 3 ends

EXCEPTING THEREFROM:

All oil, gas and other hydrocarbon substances in and under or that may be produced from a depth of 500 feet of the surface of said property without right of entry upon the surface of said property for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydrocarbon substances or other use or right in or to any portion of the surface of said property, as reserved in the Deed from Volk-McLain Communities, Inc., a corporation, formerly the VolkMcLain Co., a corporation, recorded September 25, 1964, Book 4710, Official Records, Page 718.

PARCEL TWO:

Portion Lot 4, Subdivision 4583, Alcosta Mall, filed June 29, 1976, Map Book 186, Pages 3 and 4, Contra Costa County Records, and more particularly described as follows:

Beginning at the Southerly corner of Lot 5 of Subdivision 4583 (186M3), said corner also being on the Northerly line of Kimball Avenue (186M3); thence along the Southerly line of Lot 5 of said Subdivision 4583 (186M3) North 55° 12' 00" East 159.69 feet; thence North 34° 48' 00" West 137.83 feet; thence leaving said Lot 5 North 57° 22' 19" East 105.26 feet; thence South 36 ° 08' 39" East 45.83 feet; thence South 53° 51' 21" West 7.00 feet; thence South 36° 08' 39" East 61.33 feet; thence North 53° 51' 21" East 7.00 feet; thence South 36° 08' 39" East 58.67 feet; thence South 53° 51' 21" West 7.00 feet; thence South 36° 08' 39" East 80.00 feet; thence South 54° 48' 57" West 65.48 feet; thence South 35° 11' 03" East 7.00 feet; thence South 54° 48' 57" West 58.67 feet; thence North 35° 11' 03" West 7.00 feet; thence South 54° 48' 57" West 60.67 feet; thence South 26° 49' 19" West 50.11 feet to the Northeasterly line of said Kimball Avenue; thence along Kimball Avenue Westerly along the arc of curve to the right having a radius of 247.86 feet, through a central angle of 1° 23' 43", an arc distance of 6.04 feet; thence tangent to said curve North 61° 47' 33" West 69.36 feet to the point of beginning.

EXCEPTING THEREFROM:

All oil, gas and other hydrocarbon substances in and under or that may be produced from a depth of 500 feet of the surface of said property without right of entry upon the surface of said property for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydrocarbon substances or other use or right in or to any portion of the surface of said property, as reserved in the Deed from Volk-McLain Communities, Inc., a corporation, formerly the VolkMcLain Co., a corporation, recorded September 25, 1964, Book 4710, Official Records, Page 718.

APN: 210-520-031

5.8.b
Packet Pg. 125 Attachment: B: Unanimous Approval Consent (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) 1 WHEN RECORDED MAIL TO:

City Clerk
City of San Ramon
7000 Bollinger Canyon Road,
San Ramon, CA 94583
Affected Assessor Parcel No(s).: 210-520-031
Affected Address: 9000 Alcosta Blvd., San Ramon, CA 94583

AMENDMENT TO NOTICE OF SPECIAL TAX LIEN

The Property is included in the territory that is identified as “Future Annexation Area” on the boundary map of the CFD described in the preceding paragraph, and this Amendment to

5.8.c
Packet Pg. 126 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) 2 Notice of Special Tax Lien amends the Original Notice of Special Tax Lien, as previously amended, to give notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of San Ramon on the Property.

The lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied, and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code
The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof. The Property is annexing into Tax Zone 1. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as set forth in said Exhibit B and hereby incorporated herein by this reference.

The name(s) of the owner(s) and the assessor's tax parcel number (s) of the Property are as set forth in Exhibit C attached hereto and hereby made a part hereof.

Dated: As of ___________, 20__
By:

City Clerk,
City of San Ramon

5.8.c
Packet Pg. 127 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) A-1

EXHIBIT A

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)

DESCRIPTION OF FACILITIES AND SERVICES

TO BE FINANCED BY THE CFD

The CFD may also finance any of the following:

2. Administrative fees of the City and the bond trustee or fiscal agent related to the CFD and the bonds and other debt.

5.8.c
Packet Pg. 128 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) A-2

5.8.c
Packet Pg. 129 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.c
Packet Pg. 130 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.c
Packet Pg. 131 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.c
Packet Pg. 132 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.c
Packet Pg. 133 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.c
Packet Pg. 134 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.c
Packet Pg. 135 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.c
Packet Pg. 136 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

5.8.c
Packet Pg. 137 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) Exhibit C

Page 1 ends

EXHIBIT C

CITY OF SAN RAMON
Community Facilities District No. 2014-1
(Public Facilities and Services)
ASSESSOR’S PARCEL NUMBERS, LEGAL DESCRIPTION

AND OWNERS OF LAND
Assessor’s
Parcel No(s). Name(s) of Property Owners
210-520-031 Housing On Merit XXII LLC,
a California limited liability company
LEGAL DESCRIPTION:

PARCEL ONE:

Lot 5, Map of Subdivision No. 4583, Alcosta Mall, Filed June 29, 1976, Map Book 186,

Page 3 ends

EXCEPTING THEREFROM:

All oil, gas and other hydrocarbon substances in and under or that may be produced from a depth of 500 feet of the surface of said property without right of entry upon the surface of said property for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydrocarbon substances or other use or right in or to any portion of the surface of said property, as reserved in the Deed from Volk-McLain Communities, Inc., a corporation, formerly the VolkMcLain Co., a corporation, recorded September 25, 1964, Book 4710, Official Records, Page 718.

PARCEL TWO:

Portion Lot 4, Subdivision 4583, Alcosta Mall, filed June 29, 1976, Map Book 186, Pages 3 and 4, Contra Costa County Records, and more particularly described as follows:

5.8.c
Packet Pg. 138 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd) Exhibit C

Page 2 ends

South 54° 48' 57" West 65.48 feet; thence South 35° 11' 03" East 7.00 feet; thence South 54° 48' 57" West 58.67 feet; thence North 35° 11' 03" West 7.00 feet; thence South 54° 48' 57" West 60.67 feet; thence South 26° 49' 19" West 50.11 feet to the Northeasterly line of said Kimball Avenue; thence along Kimball Avenue Westerly along the arc of curve to the right having a radius of 247.86 feet, through a central angle of 1° 23' 43", an arc distance of 6.04 feet; thence tangent to said curve North 61° 47' 33" West 69.36 feet to the point of beginning.

EXCEPTING THEREFROM:

All oil, gas and other hydrocarbon substances in and under or that may be produced from a depth of 500 feet of the surface of said property without right of entry upon the surface of said property for the purpose of mining, drilling, exploring or extracting such oil, gas and other hydrocarbon substances or other use or right in or to any portion of the surface of said property, as reserved in the Deed from Volk-McLain Communities, Inc., a corporation, formerly the VolkMcLain Co., a corporation, recorded September 25, 1964, Book 4710, Official Records, Page 718.

APN: 210-520-031

5.8.c
Packet Pg. 139 Attachment: C: Amendment to Notice of Special Tax Lien (Annexation No. 4) (2023-131 : CFD Annexation - 9000 Alcosta Blvd)

CITY COUNCIL STAFF REPORT
DATE: December 12, 2023
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Cindy Yee, Senior Planner
SUBJECT: Draft General Plan 2040 Update (GPA 2023-0002), Rezone (RZ 2023-0002); Prezone (PZ 2023-0001); Specific Plan Amendment (SP 2023-0001); and Environmental Review (ENVR 2023-0003) Ordinance and Resolution Adoption
Resolution No. 2023-132 - Adopting California Environmental Quality Act (CEQA) Findings and a Statement of Overriding Considerations; and Certify the Environmental Impact Report (SCH # 2022060549) for the Proposed San Ramon General Plan 2040 Project and Related Applications and the Mitigation Monitoring and Reporting Program
Resolution No. 2023-133 – Approving the San Ramon General Plan 2040 Project Including Approval of General Plan Amendment (GPA 2023-0002); Rezone (RZ 2023-0002); Prezone (PZ 2023-0001); Specific Plan Amendment (SP 2023-0001); Environmental Review (ENVR 2023-0003)
Ordinance 522 Repealing the North Camino Ramon Specific Plan Development Standards and Zoning Regulations for the Plan Area and Amending the Zoning Map and Zoning Ordinance Implementing the San Ramon General Plan 2040 Project
Ordinance 523 Amending the San Ramon Village Specific Plan Development Standards and Zoning Regulations for the Plan Area Implementing the San Ramon General Plan 2040 Project
Ordinance 524 Amending the Zoning Map Related to an Approximate

0.13+ Acre Area within the Deerwood Road Unincorporated Island

EXECUTIVE SUMMARY
The City of San Ramon is preparing a General Plan Amendment (GPA 2023-0002) to update the General Plan and associated Rezone (RZ 2023-0002); Prezone (PZ 2023-0001); Specific Plan Amendment (SP 2023-0001); and Environmental Review (ENVR 2023-0003) applications (“the Project). On November 28, 2023, the City Council set tonight’s meeting for certification of the

5.9 Packet Pg. 140
San Ramon General Plan 2040 Final EIR, adoption of the San Ramon General Plan 2040 Update, and adoption of the three Ordinances.

RECOMMENDED ACTION
Staff recommends that the City Council waive the second reading of Ordinance Nos. 522, 523, and 524 and read by title only, certify the San Ramon General Plan 2040 Final EIR, adopt the San Ramon General Plan 2040 Update, and adopt Ordinance Nos. 522, 523, and 524.

BACKGROUND/DISCUSSION
Applicant: City of San Ramon
Property Owner: Various
Location: Citywide
Noticing Requirements/Public Outreach
In accordance with State law, a public notice for the November 28, 2023 City Council meeting was published in the San Ramon Valley Times on November 17, 2023, posted at City Hall, mailed, and emailed to interested parties. On November 28, 2023, the City Council set the December 12, 2023 City Council meeting for the second reading of the Ordinances and consideration for certification of the General Plan 2040 EIR and General Plan 2040 Update.

Additionally, the City Council Agenda and the Staff Report for this meeting was also made available on the City’s website.

Background:

On November 28, 2023, the City Council held its third public hearing on the proposed Project and introduced three Ordinances to:
1) Repeal the North Camino Ramon Specific Plan Development Standards and Zoning Regulations and amend the City’s Zoning Map and Zoning Ordinance which will replace the North Camino Ramon Specific Plan regulations, 2) Amend the San Ramon Village Specific Plan Development Standards and Zoning Regulations for the Plan Area, and
3) Amend the City’s Zoning Map to establish a Prezone for an approximate 0.13+ acre area within the Deerwood Road unincorporated island.

After the close of the public hearing, the City Council set the December 12, 2023 City Council meeting for the second reading of the Ordinances and certification of the San Ramon General Plan 2040 Final EIR and adoption of the General Plan 2040 Update.

FISCAL IMPACTS

5.9 Packet Pg. 141
The contract cost for preparing the General Plan 2040 and a portion of staff time associated with updating the General Plan is funded through CIP No. 969003.

STEPS FOLLOWING APPROVAL
The Ordinances shall be posted in three (3) places in the City of San Ramon within fifteen (15) days after adoption. The Ordinances shall be effective thirty (30) days after adoption.

ATTACHMENT
A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3
B. Resolution No. 2023-133, Approving the General Plan 2040 Project, with Exhibits 1 through 5 C. Ordinance 522, Repealing the North Camino Ramon Specific Plan Development Standards & Zoning Regulations for the Plan Area and Amending the Zoning Map & Zoning Ordinance (RZ 2023-0002)
D. Ordinance 523, Amending the San Ramon Village Specific Plan Development Standards and Zoning Regulations for the Plan Area (SP 2023-0001)
E. Ordinance 524, Amending the Zoning Map to Establish a Prezone for an Approximate 0.13+ Acre Area Within the Deerwood Road Unincorporated Island (PZ 2023-0001) F. Written public comment received since November 28, 2023

5.9 Packet Pg. 142
RESOLUTION NO. 2023-132

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN RAMON

TO ADOPT CALIFORNIA ENVIRONMENTAL

QUALITY ACT (CEQA) FINDINGS AND A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND CERTIFY
THE ENVIRONMENTAL IMPACT REPORT (SCH # 2022060549)
FOR THE PROPOSED SAN RAMON GENERAL PLAN 2040 PROJECT AND

RELATED APPLICATIONS AND THE MITIGATION

MONITORING AND REPORTING PROGRAM

CITY OF SAN RAMON (APPLICANT)

VARIOUS PROPERTY OWNERS

ENVIRONMENTAL IMPACT REPORT FOR THE
SAN RAMON GENERAL PLAN 2040 PROJECT
WHEREAS, the City of San Ramon, as the Lead Agency, caused Environmental Impact Report for the San Ramon General Plan 2040 (SCH No. 2022060549) (the “EIR”) to be prepared in accordance with the California Environmental Quality Act, Public Resources Code § 21000 et seq. (“CEQA”) and the Guidelines for the Implementation of the California Environmental Quality Act, 14 Cal. Code Regs. §15000 et seq. (the “CEQA Guidelines”) in order to determine whether the proposed General Plan Amendment (GPA 2023-0002) and associated Rezone (RZ 2023-0002); Prezone (PZ 2023-0001); Specific Plan Amendment (SP 2023-0001); Environmental Review (ENVR 2023-0003) applications; and repeal of the North Camino Ramon Specific Plan, collectively referred to as the “San Ramon General Plan 2040 Project” (the “Project”) could have a significant impact on the environment; and
WHEREAS, while the Project has been analyzed as part of the EIR, certification of the EIR and approval of the Project components (General Plan Amendment (GPA 2023-0002); Rezone (RZ 2023-0002); Prezone (PZ 2023-0001); Specific Plan Amendment (SP 2023-0001); Environmental Review (ENVR 2023-0003); and repeal of the North Camino Ramon Specific Plan) are discrete and separate actions to be made by the appropriate decision makers; and WHEREAS, on June 24, 2022, a Notice of Preparation (NOP) of an Environmental Impact Report (EIR) for the SanRamon General Plan 2040 Project and Climate Action Plan (CAP) Update and a Notice of EIR Scoping Meeting with the Planning Commission on July 5, 2022 were published in the San Ramon Valley Times, mailed, and emailed to all known interested parties, posted with the Contra Costa County Clerk and State Clearinghouse, posted in City facilities, and on the City Website; and
WHEREAS, on July 5, 2022, the City held a Planning Commission EIR public scoping meeting to receive public testimony on the content of the proposed EIR for the San Ramon General Plan 2040 Project and Climate Action Plan (CAP) Update; and

5.9.a
Packet Pg. 143 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General WHEREAS, written comments received on the NOP and public comment from the public scoping meeting were subsequently incorporated into the initial draft of the EIR (the “Draft EIR”) as appropriate; and
WHEREAS, the update to the Climate Action Plan (CAP) was deferred from the San Ramon General Plan 2040 Project (GPA 2023-0002; RZ 2023-0002; PZ 2023-0001; SP 2023- 0001; ENVR 2023-0003) and continues through a subsequent review process; and WHEREAS, on August 30, 2023, a Notice of Availability and Notice of Completion (the “NOA”) and copies of the Draft EIR were distributed for review to the State Clearinghouse, local, State and Federal responsible and trustee agencies, interested groups, organizations and members of the public; and
WHEREAS, on August 30, 2023, a Notice of Completion (NOC) and copies of a Draft EIR for the San Ramon General Plan 2040 Project was distributed for review to the State Clearinghouse, local, State and Federal responsible and trustee agencies; and WHEREAS, on August 30, 2023, a Notice of Availability (NOA) of a Draft EIR for the San Ramon General Plan 2040 Project and a public notice of a Planning Commission public hearing on September 19, 2023 were mailed and emailed to all known interested parties, posted with the Contra Costa County Clerk, provided to the State Clearinghouse, posted at City Hall and on the City’s website; and
WHEREAS, on August 30, 2023, copies of the Draft EIR was made available for public inspection at City Hall, San Ramon Library, Dougherty Station Library, and on the City website; and
WHEREAS, on September 1, 2023, the NOA and a public notice of a Planning Commission public hearing on September 19, 2023 were published in the San Ramon Valley Times notifying the public of the availability of the Draft EIR for public review and providing notice of the September 19, 2023 public hearing to allow additional public comment on the adequacy and accuracy of the Draft EIR; and
WHEREAS, pursuant to CEQA, a 48-day public review period for the Draft EIR began on August 30, 2023 and ended on October 16, 2023 at 12:00 p.m., exceeding the minimum 45-day public review period requirement; and
WHEREAS, on May 30, 2023, and October 3, 2023, the City Council and Planning Commission held two duly noticed Joint City Council and Planning Commission public hearings to discuss the proposed revisions and changes to the San Ramon General Plan 2040 Project and to receive input from the public; and
WHEREAS, on August 1, 2023; August 15, 2023; September 5, 2023; September 19, 2023; October 17, 2023; and November 7, 2023; the Planning Commission held six duly noticed public hearings to discuss the proposed revisions and changes to the San Ramon General Plan 2040 Project and to receive input from the public; and

5.9.a
Packet Pg. 144 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General WHEREAS, on September 19, 2023, the Planning Commission held a duly noticed public hearing to receive public comment on the adequacy and accuracy of the Draft EIR; and WHEREAS, the verbal public comments from the September 19, 2023 Planning Commission public hearing and responses to verbal comments received during the public review period, are included in the Final EIR Response to Comments document; and WHEREAS, on or before October 16, 2023, the City received comment letters from California Geologic Survey; California Governor’s Office of Emergency Services; California Department of Transportation; Krupka Consulting; and Greenfire Law, and responses to written comments received during the public review period are included in the Final EIR Response to Comments document; and
WHEREAS, on November 3, 2023, the City distributed the Final EIR-Responses to Comments on the Draft EIR to all commenting agencies/parties and made the Final EIR available to the public at City Hall, San Ramon Library, Dougherty Station Library, and on the City website; and
WHEREAS, on November 7, 2023, the Planning Commission held a duly noticed public hearing to review and discuss the Final EIR Responses to Comments, CEQA Findings and Statement of Overriding Considerations, EIR errata changes, and the San Ramon General Plan 2040 Project, and to receive input from the public; and WHEREAS, the Final EIR consists of the Draft EIR, the Final EIR Responses to Comments, EIR errata changes, and Mitigation Monitoring and Reporting Program (MMRP), any and all appendices thereto, and any and all documents or materials incorporated into the EIR by reference (Exhibit 2 and 3); and
WHEREAS, the Planning Commission and City Council has reviewed, commented on, and acknowledges all documents and materials prepared by and relied upon by its consultants in preparing the EIR; and
WHEREAS, the EIR evaluated the potential environmental impacts that could result from the approval of the Project (and in particular, focused on potentially significant impacts), alternatives to the Project, and the General Plan Implementing Policies designed to mitigate or avoid the potentially significant impacts of the Project; and WHEREAS, the EIR finds that Alternative 2 to the Project is a feasible alternative; it would result in lesser environmental impacts related to cultural resources, wildfire exposure risk, and transportation and would achieve the plan objectives; and Alternative 2 more effectively addresses some of the non-environmental concerns raised by residents related to the low retail vacancy rates and better protects retail development within the City to support existing and expected population growth; and
WHEREAS, where applicable, General Plan Implementing Policies were identified in the Final EIR to reduce those potential impacts to a less-than-significant level or to avoid those impacts, where feasible; and

5.9.a
Packet Pg. 145 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General WHEREAS, the EIR was prepared, published, circulated and reviewed and completed in accordance with the requirements of CEQA, the CEQA Guidelines and the San Ramon Municipal Code; and constitutes an adequate, accurate, objective and complete EIR in accordance with the requirements of CEQA, the CEQA Guidelines and the San Ramon Municipal Code; and WHEREAS, the EIR reflects the independent judgment and analysis of the City of San Ramon; and
WHEREAS, the EIR reflects the best efforts of the City to undertake all reasonably feasible and prudent actions to discover, analyze, disclose and mitigate all potentially significant environmental impacts of the Project; and
WHEREAS, the EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained therein and in the record supporting the EIR prior to recommending City Council approval of the attached findings and certification of the EIR; and
WHEREAS, on November 7, 2023, the Planning Commission adopted Resolution No. 13- 23 recommending the City Council adopt the CEQA Findings and a Statement of Overriding Considerations determining Alternative 2 (New Infill Mixed Use within the City Core and Additional Retail Shopping Alternative) as the preferred alternative for the San Ramon General Plan 2040 adoption and recommended certification of the EIR for the San Ramon General Plan 2040 Project, as being complete and prepared in compliance with the provisions of CEQA; and WHEREAS, the EIR was presented to the City Council and the City Council reviewed and considered the information contained therein and in the record supporting the EIR prior to approval of the attached findings and certification of the EIR.

NOW, THEREFORE, BE IT RESOLVED, that the City Council finds that the recitals above are true and correct and are incorporated herein by reference.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council has considered the Planning Commission and staff recommendations, and in the exercise of its independent judgment, and based upon all the evidence in the record (including but not limited to all application materials, related CEQA documents, the written and oral staff reports, oral and written comments received by the City, and all other relevant documents contained in the administrative record) does hereby adopt City Council Resolution Number (next in line) to adopt the CEQA Findings and Statement of Overriding Considerations determining Alternative 2 as the preferred alternative for 2040 General Plan adoption consideration attached hereto as Exhibit 1; and certify the Final Environmental Impact Report for the San Ramon General Plan 2040 Project (Exhibit 2 and 3), as being complete and prepared in compliance with the provisions of CEQA.

PASSED, APPROVED, AND ADOPTED on this 12th day of December 2023 by the following vote:

AYES:

NOES:

5.9.a
Packet Pg. 146 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General ABSENT:

ABSTAIN:
_
David E. Hudson, Mayor
ATTEST:
_______________________________
Christina Franco, City Clerk
Exhibit 1: CEQA Findings and Statement of Overriding Considerations Exhibit 2: San Ramon 2040 General Plan Final Environmental Impact Report (SCH No. 202206054
Exhibit 3: Mitigation Monitoring and Reporting Program

5.9.a
Packet Pg. 147 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Exhibit 1
CEQA Findings and
Statement of Overriding Considerations
for the
San Ramon 2040 General Plan
Pursuant to CEQA Guidelines Sections 15091 and 15093
and Public Resources Code Section 21081
The Final Environmental Impact Report (EIR) prepared for the update to the San Ramon General Plan, including eleven respective General Plan elements, amendment to the San Ramon Village Specific Plan, repeal of the North Camino Ramon Specific Plan, and the San Ramon Zoning Ordinance update (collectively referred to herein as the 2040 General Plan) consists of errata to the Draft EIR and Response to Comments on the Draft EIR. The Final EIR identifies significant environmental impacts that will result from implementation of the 2040 General Plan. The City of San Ramon (City) finds that the inclusion of certain mitigation measures as part of approval of the 2040 General Plan will reduce all but the following significant impacts to levels that are less than significant: transportation (project-level and cumulative impacts related to vehicle miles traveled [VMT]). No feasible mitigation measures have been identified to reduce these impacts to a lessthan-significant level or mitigation measures have been identified but would not reduce impacts to a level of less than significant; thus, these impacts will remain significant unavoidable impacts of the 2040 General Plan. These impacts will be overridden due to specific considerations that are described within this document.

As required by the California Environmental Quality Act (CEQA), the City, in adopting these CEQA Findings of Fact (Findings) and Statement of Overriding Considerations, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the 2040 General Plan. The City finds that the MMRP, which is incorporated herein by reference, meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the 2040 General Plan. In accordance with CEQA and the CEQA Guidelines, the City adopts these findings as part of approval of the 2040 General Plan.

Pursuant to Public Resources Code Section 21082.1(c)(3), the City also finds that the Final EIR reflects the City’s independent judgment as the lead agency for the 2040 General Plan.

Consideration and Certification of the EIR
In accordance with CEQA, and on the formal recommendation of the Planning Commission following notice and public hearing, the City Council certifies that the EIR has been completed in compliance with CEQA. The City Council has independently reviewed the record and the EIR prior to certifying the EIR and approving the 2040 General Plan. By these findings, the City Council confirms, ratifies, and adopts the findings and conclusions of the EIR as supplemented and modified by these findings.

The EIR and these findings represent the independent judgment and analysis of the City and the City Council. The City Council recognizes the EIR may contain clerical errors. The City Council reviewed the entirety of the EIR and bases its determination on the substance of the information it contains.

The City Council certifies that the EIR is adequate to support the approval of the action that is the

5.9.a
Packet Pg. 148 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General subject of the staff report to which these CEQA findings are attached. The City Council certifies that the EIR is adequate to support approval of the 2040 General Plan described in the EIR, each component and phase of the 2040 General Plan described in the EIR, any variant of the 2040 General Plan described in the EIR, any minor modifications to the 2040 General Plan or variants of the 2040 General Plan described in the EIR and the components of the 2040 General Plan.

Absence of Significant New Information
The City Council recognizes the Final EIR incorporates information obtained and produced after the Draft EIR was completed, and that the Final EIR contains additions, clarifications, and modifications.

On the recommendation of the Planning Commission following notice and public hearing, the City Council has reviewed and considered the Final EIR and all of this information. The Final EIR does not add significant new information to the Draft EIR that would require recirculation of the EIR under CEQA. The new information added to the EIR does not involve a new significant environmental impact, a substantial increase in the severity of an environmental impact, or a feasible mitigation measure or alternative considerably different from others previously analyzed that the City Council declines to adopt and that would clearly lessen the significant environmental impacts of the 2040 General Plan. No information indicates that the Draft EIR was inadequate or conclusory or that the public was deprived of a meaningful opportunity to review and comment on the Draft EIR. Thus, recirculation of the EIR is not required. The City Council finds that the changes and modifications made to the EIR after the Draft EIR was circulated for public review and comment do not individually or collectively constitute significant new information within the meaning of Public Resources Code section 21092.1 or the CEQA Guidelines section 15088.5.

Severability
If any term, provision, or portion of these Findings or the application of these Findings to a particular situation is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of these Findings, or their application to other actions related to General Plan 2040, shall continue in full force and effect unless amended or modified by the City.

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Packet Pg. 149 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Table of Contents
Findings of Fact/Statement of Overriding Considerations i Table of Contents
1 Introduction.................................................................................................................................... 1

1.1 Statutory Requirements for Findings.................................................................................. 1

1.2 Procedural Findings............................................................................................................. 2

1.3 Findings Required Under CEQA........................................................................................... 4

1.4 Record of Proceedings........................................................................................................ 4

1.5 Findings............................................................................................................................... 5 2 2040 General Plan........................................................................................................................... 6

2.1 Plan Objectives.................................................................................................................... 6

2.2 Project Description.............................................................................................................. 6 3 Impacts Determined to be Less than Significant or No Impact...................................................... 7 4 Impacts Determined to be Less Than Significant Level After Implementation of Mitigation Measures ......................................................................................................................................13 5 Impacts Determined to be Significant and Unavoidable..............................................................27 6 Feasibility of Project Alternatives.................................................................................................31

6.1 Alternatives.......................................................................................................................32

6.2 Alternative 1: Adopted General Plan Buildout (i.e., “No Project”)...................................33

6.3 Alternative 2: New Infill Mixed Use within the City Core and Additional Retail Shopping Alternative.........................................................................................................................34

6.4 Alternative 3: New Infill Mixed Use within the City Core Alternative ..............................36

6.5 Environmentally Superior Alternative ..............................................................................37 7 Significant Irreversible Effects and Growth Inducement..............................................................39

7.1 Significant Irreversible Effects...........................................................................................39

7.2 Growth Inducement..........................................................................................................40 8 Statement of Overriding Considerations......................................................................................42

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Packet Pg. 150 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
ii
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Packet Pg. 151 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Introduction
Findings of Fact/Statement of Overriding Considerations 1 1 Introduction

1.1 Statutory Requirements for Findings
These Findings of Fact (Findings) and Statement of Overriding Considerations address the potentially significant environmental impacts identified by the Environmental Impact Report (EIR) for the update to the General Plan by the City of San Ramon, California (referred to herein as the 2040 General Plan). The Findings and Statement of Overriding considerations are made pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15091, which states that:
(a) No public agency shall approve or carry out a project for which an Environmental Impact Report (EIR) has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.

Section 15092 of the CEQA Guidelines further stipulates that:
(a) After considering the final EIR and in conjunction with making findings under Section 15091, the Lead Agency may decide whether or how to approve or carry out the project. (b) A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either:
(1) The project as approved will not have a significant effect on the environment, or (2) The agency has:
(A) Eliminated or substantially lessened all significant effects on the environment where feasible as shown in findings under Section 15091, and
(B) Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 are acceptable due to overriding concerns as described in Section 15093.

In short, CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to avoid or mitigate significant environmental impacts that will otherwise occur with

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Packet Pg. 152 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
2 implementation of the project. Project mitigation or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with another agency.1

For those significant effects that cannot be mitigated to a less-than-significant level, the public agency is required to find that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment.2 The CEQA Guidelines state in Section 15093 that:
“If the specific economic, legal, social, technological, or other benefits of a propos[ed] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered ‘acceptable.”

1.2 Procedural Findings
The City Council of the City of San Ramon (City) finds as follows:

Based on the nature and scope of the 2040 General Plan, the City Council of San Ramon determined, based on substantial evidence, that the 2040 General Plan may have a significant effect on the environment and prepared an EIR (State Clearinghouse No. 2022060549). The EIR was prepared, noticed, published, circulated, reviewed and completed in full compliance with the CEQA Public Resources Code Sections 21000 et seq. CEQA and the CEQA Guidelines (14 California Code of Regulations Sections 15000 et. Seq.), as follows:
 Notice of Preparation (NOP). After deciding that an EIR is required, the lead agency (the City) must file an NOP with the State Clearinghouse and distribute the NOP to responsible and trustee agencies and parties previously requesting notice in writing (CEQA Guidelines Section 15082; Public Resources Code [PRC] Section 21092.2). The NOP must be posted in the County Clerk’s office for 30 days. The City distributed the NOP for the 2040 General Plan EIR for a 30- day agency and public review period starting on June 24, 2022 and ending on July 25, 2022, during which time the NOP was posted in the Contra Costa County Clerk’s office.  Scoping Hearing. Pursuant to CEQA Guidelines Section 15082 the lead agency must conduct at least one EIR Scoping Meeting for projects of statewide, regional, or areawide significance. The City held an EIR Scoping Meeting on July 5, 2022.
 Draft EIR Prepared. The Draft EIR must contain a) table of contents or index; b) summary; c) project description; d) environmental setting; e) discussion of significant impacts (direct, indirect, cumulative, growth-inducing, and unavoidable impacts); f) a discussion of alternatives; g) mitigation measures; h) discussion of irreversible changes, and i) any identified areas of controversy. The City prepared a Draft EIR, which was circulated for a 48-day public review period that began on August 30, 2023 and ended on October 16, 2023. A corresponding Notice of Availability (NOA) was published to provide notification when the Draft EIR became available for public review.
 Notice of Availability (NOA) and Notice of Completion (NOC). Pursuant to CEQA Guidelines Section 15087, the lead agency must circulate an NOA and file an NOC with the State Clearinghouse when it completes a Draft EIR. The lead agency must place the NOA in the County Clerk’s office for 30 days. Additionally, public notice of Draft EIR availability must be given through at least one of the following methods: a) publication in a newspaper of general circulation; b) physical signage posting on and off the project site; and c) direct mailing to 1 CEQA Guidelines Section 15091 (a), (b). 2 Public Ressources Code Section 21081(b).

5.9.a
Packet Pg. 153 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Introduction
Findings of Fact/Statement of Overriding Considerations 3 owners and occupants of contiguous properties. The lead agency must solicit input from other agencies and the public and respond in writing to all comments received (PRC Sections 21104 and 21153). An NOA and NOC were prepared and submitted to the State Clearinghouse with the Draft EIR, which was published by the State Clearinghouse on August 30, 2023. The NOA was posted with the Contra Costa County Clerk, at City Hall, and on the City and Plan San Ramon websites (http://www.sanramon.ca.gov/ and http://plansanramon.com/) on August 20, 2023.

The NOA was published in the San Ramon Valle Times on September 1, 2023. The NOA was distributed via mail or email to agencies, organizations, Native American Tribes, known interested parties, and approximately 400 property owners on August 30, 2023.  Final EIR. Pursuant to CEQA Guidelines Section 15132, a Final EIR must include a) the Draft EIR and subsequent revisions; b) copies of comments received during public review; c) list of persons, organizations, and public agencies commenting; and d) responses to significant environmental issues raised in the comments. The City prepared a Final EIR, which was published and submitted to the State Clearinghouse on December 14, 2023.  Certification of Final EIR. Prior to making a decision on a proposed project, the lead agency must certify that a) the Final EIR has been completed in compliance with CEQA; b) the Final EIR was presented to the decision-making body of the lead agency; c) the decision-making body reviewed and considered the information in the Final EIR prior to approving a project; and the Final EIR reflects the lead agency’s independent judgement and analysis (CEQA Guidelines Section 15090).
 Lead Agency Project Decision. The lead agency may a) disapprove the project because of its significant environmental effects; b) require changes to the project to reduce or avoid significant environmental effects; or c) approve the project despite its significant environmental effects, if the proper findings and statement of overriding considerations are adopted (CEQA Guidelines sections 15042 and 15043).
 Findings/Statement of Overriding Considerations. For each significant impact of the project identified in the EIR, the lead agency must find, based on substantial evidence, that a) the project has been changed to avoid or substantially reduce the magnitude of the impact; b) changes to the project are within another agency's jurisdiction and such changes have or should be adopted by such other agency; or c) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible (CEQA Guidelines Section 15091). If an agency approves a project with unavoidable significant environmental effects, it must prepare a written Statement of Overriding Considerations that sets forth the specific social, economic, or other reasons supporting the agency’s decision.
 Mitigation Monitoring Reporting Program. When the lead agency makes findings on significant effects identified in the EIR, it must adopt a reporting or monitoring program for mitigation measures adopted or made conditions of project approval to mitigate significant effects (CEQA Guidelines Section 15097).
 Notice of Determination (NOD). The lead agency must file a NOD after deciding to approve a project for which an EIR is prepared (CEQA Guidelines Section 15094). A local agency must file the NOD with the county clerk, and with the State Clearinghouse if the project requires discretionary approval by any State agency. The NOD must be posted for 30 days and sent to anyone requesting notice previously. Posting of the NOD starts a 30-day statute of limitations on CEQA legal challenges (PRC Section 21167[c]).

5.9.a
Packet Pg. 154 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
4 1.3 Findings Required Under CEQA
The City Council (the final decision-making body) of the City of San Ramon (the CEQA Lead Agency) will determine whether to certify the EIR for the project. Because the Draft EIR identified a potentially significant environmental impact, the City Council must also make certain “findings” as part of its action to certify that the EIR has been completed in compliance with CEQA and to approve the 2040 General Plan. Pursuant to CEQA Guidelines Section 15091 and PRC Section 21081, no public agency shall approve or carry out a project for which an environmental impact report has been certified, which identifies one or more significant effects on the environment that would occur if the project is approved or carried out, unless the public agency makes one or more findings for each of those significant effects, accompanied by a brief explanation of the rationale of each finding.

The possible findings, which must be supported by substantial evidence in the record, are:
 Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR.  Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.  Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

1.4 Record of Proceedings
For purposes of CEQA and these findings, the record before the City Council includes the following:
 The Draft EIR and appendices to the Draft EIR
 The Final EIR including errata to the Draft EIR, comments on the Draft EIR, and responses to comments
 Public notices issued by the City in connection with the 2040 General Plan, including the NOP, NOA, NOC, and NOD
 Studies conducted for the 2040 General Plan and contained in, or referenced by, the Draft EIR or the Final EIR
 All documents cited, incorporated by reference, or referred to in the Draft EIR and Final EIR  Written and verbal comments submitted to the City by agencies, organization, and members of the public on the 2040 General Plan, Notice of Preparation, Draft EIR, and Final EIR (before, during, and after the close of the public comment periods)  Minutes or video recordings of Planning Commission and/or City Council joint workshops and City Council hearings held by the City in connection with the 2040 General Plan  The Findings and Statement of Overriding Conditions, Mitigation Monitoring and Reporting Program, and Resolutions adopted by the City in connection with the 2040 General Plan  Any other materials required to be in the record of proceedings by Public Resources Code Section 21167.6, subdivision (e).

The custodian of the documents and other materials that constitute the record of the proceedings upon which the City’s decisions are based is the City Clerk, or her designee. Such documents and

5.9.a
Packet Pg. 155 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Introduction
Findings of Fact/Statement of Overriding Considerations 5 other material are located at San Ramon City Hall, 7000 Bollinger Canyon Road, San Ramon, CA 94583.

1.5 Findings
The Draft EIR and Final EIR are incorporated into these findings in its entirety. Without limitation, this incorporation is intended to elaborate on the scope and nature of mitigation measures, the basis for determining the significance of impacts, the comparative analysis of alternatives, and the reasons for approving 2040 General Plan in spite of the potential for associated significant and unavoidable adverse impacts.

For the purposes of these findings, the impact discussions include the relevant policies and implementing actions, as well as the separate mitigation measures imposed to reduce the impacts where the policies and implementing actions did not result in a less than significant impact. In the findings that follow, impact numbers are provided. The impact numbers correspond to the impact discussions in the Draft EIR that contain an expanded discussion of impacts. Please refer to the referenced impact sections of the Draft EIR for more detail.

5.9.a
Packet Pg. 156 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
6 2 2040 General Plan

2.1 Plan Objectives
Pursuant to CEQA Guidelines Section 15124(b), the EIR project description must include “[a] statement of objectives sought by the proposed project. The statement of objectives should include the underlying purpose of the project.” The 2040 General Plan is intended to achieve the following project objectives:
 Outline a vision for San Ramon’s long-range physical and economic development and resource conservation that reflects the aspirations of the community and the smart growth mandate of Measure G (1999);
 Provide strategies and specific implementing actions that will allow this vision to be accomplished;
 Establish a basis for judging whether specific development proposals and public projects are in harmony with Plan policies and standards;
 Allow City departments, other public agencies, and private developers to design projects that will enhance the character of the community, preserve and enhance critical environmental resources, and minimize hazards; and
 Provide the basis for establishing and setting priorities for detailed plans and implementing programs, such as the Zoning Ordinance, the Capital Improvement Program (CIP), Climate Action Plan, specific plans, etc.

2.2 Project Description
The 2040 General Plan is an update to the San Ramon General Plan, including eleven respective General Plan elements, amendment to the San Ramon Village Specific Plan, repeal of the North Camino Ramon Specific Plan, and the San Ramon Zoning Ordinance update (collectively referred to herein as the 2040 General Plan). The 2040 General Plan elements include: Land Use; Housing; Traffic and Circulation; Safety; Open Space and Conservation; Parks and Recreation; Public Facilities and Utilities; Noise, Air Quality and GHG Emissions, Growth Management, and Economic Development. San Ramon Zoning Ordinance updates would occur to ensure consistency with the updated General Plan. The 2040 General Plan would serve as a long-term framework for future growth across the San Ramon Planning Area (the General Plan area), reflect issues identified from community input and changes in State law, and provide updates to the various elements of the General Plan. Refer to Chapter 2, Project Description, of the Draft EIR for the complete project description.

5.9.a
Packet Pg. 157 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less than Significant or No Impact Findings of Fact/Statement of Overriding Considerations 7 3 Impacts Determined to be Less than
Significant or No Impact
Certain impacts were found to be less than significant or to have no impact due to the inability of the 2040 General Plan to create such impacts, the absence of 2040 General Plan characteristics producing effects of this type, or due to the absence of certain environmental characteristics or resources within the city. The City, having received, reviewed, and considered the entire record, both written and oral, related to the 2040 General Plan and Draft and Final EIR, finds that the following impacts would not be significant adverse impacts or would create no impact and therefore no additional Findings are needed.

No Impact
City finds that, based upon substantial evidence in the record, as discussed below, the 2040 General Plans would result in no impacts associated with the following topics:

Biological Resources
Impact BIO-5: Development facilitated by the 2040 General Plan would not conflict with an adopted Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved local, regional, or State habitat conservation plan. No impact would occur.

Impact BIO-8. Development facilitated by the 2040 General Plan would not result in the conversion of land used for forestry purposes nor conflict with existing zoning for forestry or timberland use.

No impact would occur.

Geology/ Soils and Mineral Resources
Impact GEO-5. Development facilitated by the 2040 General Plan would occur on urbanized sites that are served by existing sanitation infrastructure. New development would not include septic systems. There would be no impact.

Impact GEO-7. Development facilitated by the 2040 General Plan would not have the potential to impact mineral resources. There would be no impact.

Hazards/ Hazardous Materials and Wildfire
Impact HAZ-3. Development facilitated by the 2040 General Plan would not be located within an airport land use plan or within two miles of an airport. No impacts would occur.

Less than Significant Impacts
The City finds that, based upon substantial evidence in the record, as discussed below, the 2040 General Plan’s impacts associated with the following topics would be less than significant:

Aesthetics
Impact AES-1. The 2040 General Plan would facilitate development in areas along urbanized corridors that do not offer notable scenic vistas through the plan area. Impacts would be less than significant.

5.9.a
Packet Pg. 158 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
8 Impact AES-2. Development facilitated by the 2040 General Plan could affect scenic resources visible from a designated scenic highway. Impacts would be less than significant.

Impact AES-3. The 2040 General Plan would facilitate infill and redevelopment projects within existing urban areas and allow for increased intensity of development on underutilized sites that could affect visual character or quality of views. Impacts would be less than significant.

Impact AES-4. Development facilitated by the 2040 General Plan would create new sources of light or glare that could adversely affect daytime or nighttime views in the area. Compliance with the San Ramon Municipal Code and 2040 General Plan development standards related to lighting and glare would ensure this impact is less than significant.

Air Quality
Impact AQ-1. Implementation of the 2040 General Plan would be consistent with the BAAQMD 2017 Clean Air Plan. Impacts would be less than significant.

Impact AQ-4. The 2040 General Plan could create objectionable odors that could adversely affect a substantial number of people. Impacts related to odors would be less than significant.

Biological Resources
Impact BIO-2. Development facilitated by the 2040 General Plan could adversely impact riparian habitat, other sensitive natural communities, or protected wetlands in the General Plan area.

Implementation of federal, State, and local regulations and policies would ensure riparian habitat and wetlands are not significantly impacted. Impacts would be less than significant.

Impact BIO-3. Development facilitated by the 2040 General Plan would avoid impacts to wildlife movement corridors by conserving Open Space areas in the General Plan area, as directed by policies in the 2040 General Plan. Impacts would be less than significant.

Impact BIO-4. Development facilitated by the 2040 General Plan would be required to conform with applicable local policies and ordinances protecting biological resources. Impacts would be less than significant.

Impact BIO-6. Development facilitated by the 2040 General Plan would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use. Impacts would be less than significant.

Impact BIO-7. Development facilitated by the 2040 General Plan would not conflict with existing zoning for agricultural use or a Williamson Act contract. Impacts would be less than significant.

Cultural and Tribal Cultural Resources
Impact CR-3. The discovery of human remains is always a possibility during ground-disturbing activities. Ground disturbance associated with development carried out under the 2040 General Plan may disturb or damage known or unknown human remains. This impact would be less than significant with adherence to existing regulations.

Geology and Soils
Impact GEO-1. The 2040 General Plan is located within an Alquist Priolo Earthquake Fault Zone, and, therefore, the 2040 General Plan would likely be subject to effects involving rupture of a known

5.9.a
Packet Pg. 159 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less than Significant or No Impact Findings of Fact/Statement of Overriding Considerations 9 earthquake fault. Implementation of proposed general plan policies and existing state and local regulations would reduce seismic hazards to less than significant.

Impact GEO-2. Development facilitated by the 2040 General Plan could result in exposure of people or structures to a risk of loss, injury, or death from seismic events. Development facilitated by the 2040 General Plan could be located on a geologic unit or soil that is unstable or could become unstable resulting in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse.

However, with compliance with applicable laws, regulations, and applicable General Plan Goals and Policies, this impact would be less than significant.

Impact GEO-3. Construction facilitated by the 2040 General Plan would include ground disturbance such as excavation and grading that would result in loose or exposed soil. Disturbed soil could be eroded by wind or rain during a storm event, which could result in the loss of topsoil. Adherence to existing regulatory requirements would ensure that this impact would be less than significant.

Impact GEO-4. Future seismic events could result in liquefaction and lateral spreading of soils within the city. Development in the General Plan area could be subject to liquefaction hazards. Compliance with the CBC would reduce liquefaction hazards. Proposed Health, Safety, and HazMat goals and policies apply to development facilitated by the 2040 General Plan in hazard zones for liquefaction or lateral spreading of soils. Impacts would be less than significant.

Greenhouse Gas Emissions and Energy
Impact GHG-2. The 2040 General Plan would implement a land-use strategy and policies that would promote greater overall energy efficiency. Wasteful, inefficient, or unnecessary consumption of energy would not occur. impacts would be less than significant.

Impact GHG-3. The 2040 General Plan would be consistent with applicable energy efficiency goals and regulations included in relevant provisions of CALGreen (Title 24, Part 11). However, San Ramon has not adopted the California Building Energy Efficiency Standards (Title 24, Part 6). Development facilitated by the 2040 General Plan would not be consistent with State energy efficiency plans until Title 24, Part 6 is adopted by San Ramon. this impact would be less than significant with mitigation.

Hazards/Hazardous Materials and Wildfire
Impact HAZ-1. Development facilitated by the 2040 General Plan could result in the release of potentially hazardous materials, which may occur within 0.25 mile of a school. However, compliance with local, regional, State, and federal regulations related to hazardous materials would minimize the risk of releases and exposure to these materials. Impacts would be less than significant.

Impact HAZ-2. Development facilitated by the 2040 General Plan could result in development on sites contaminated with hazardous materials. However, compliance with applicable regulations relating to site remediation would minimize impacts from development on contaminated sites, resulting in a less than significant impact.

Impact HAZ-4. Development facilitated by the 2040 General Plan would result in additional population and vehicle miles traveled in the city. The 2040 General Plan could result in changes to emergency evacuation routes or would substantially increase roadway congestion such that the use of an evacuation route would be hindered. Adherence to existing hazard mitigation plans and evacuation plans would reduce risk of hindering evacuation route use. impacts would be less than significant.

5.9.a
Packet Pg. 160 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
10 Hydrology and Water Quality
Impact HYD-1. Implementation of the 2040 General Plan would involve ground-disturbing activities during construction that could temporarily increase the potential for water quality to be affected by sedimentation or an accidental spill or release of hazardous materials. However, with adherence to applicable water quality standards, waste discharge requirements, and proposed General Plan policies, impacts would be less than significant.

Impact HYD-2. Development facilitated by the 2040 General Plan would not pump water from the local groundwater basin and would not introduce substantial new areas of impermeable surfaces such that the rates or patterns of groundwater recharge from infiltration would be affected. Impacts would be less than significant.

Impact HYD-3. Development facilitated by the 2040 General Plan would not alter the course of a stream or river or substantially alter existing drainage patterns, including through new impervious surfaces, and regulatory requirements as well as policies to protect and improve drainage patterns would minimize erosion, flooding, and runoff. Impacts would be less than significant.

Impact HYD-4. Development facilitated by the 2040 General Plan would not increase existing potential for inundation within flood hazard areas to occur and would not introduce substantial new pollutant sources that could potentially be released due to inundation. Impacts would be less than significant.

Impact HYD-5. Development facilitated by the 2040 General Plan would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan.

Impacts would be less than significant.

Land Use/Planning and Population/Housing
Impact LU-1. Implementation of the proposed 2040 General Plan would maintain orderly development in San Ramon and would not physically divide an established community. Impacts would be less than significant.

Impact LU-2. Implementation of the 2040 General Plan would be generally consistent with applicable land use plans, policies, or regulations adopted to avoid or mitigate environmental effects, such as the SRVSP and ABAG/MTC Plan Bay Area 2050. Impacts would be less than significant.

Impact LU-3. Implementation of the 2040 General Plan would facilitate the construction of new housing in San Ramon. Proposed development could result in an increase in population that would exceed ABAG population forecasts by 35 percent by 2040. However, the 2040 General Plan is intended to accommodate and plan for population growth. Impacts would be less than significant.

Impact LU-4. Development facilitated by the 2040 General Plan would not result in the displacement of substantial numbers of housing or people. The 2040 General Plan would facilitate the development of new housing in accordance with State and local housing requirements, while preserving existing residential neighborhoods. Impacts would be less than significant.

Noise
Impact NOI-3. Development facilitated by the 2040 General Plan would not expose people residing or working in the plan area to excessive noise levels related to airstrip/airport operation. There would be no impact.

5.9.a
Packet Pg. 161 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less than Significant or No Impact Findings of Fact/Statement of Overriding Considerations 11 Public Services & Recreation
Impact PS-1. Development facilitated by the 2040 General Plan would increase the population of San Ramon, generating additional need for fire protection services. However, compliance with the 2040 General Plan would result in impacts related to the need for new or altered fire facilities that are less than significant.

Impact PS-2. Development facilitated by the 2040 General Plan would increase population in San Ramon, generating additional need for police protection services. However, compliance with 2040 General Plan policies would result in impacts related to the need for new or altered police facilities that are less than significant.

Impact PS-3. Development facilitated by the 2040 General Plan would result in an increase in population of school-aged children in San Ramon. This would increase demand for school services and potentially create the need for new school facilities. Operational impacts of new school facilities would be less than significant with payment of school impact fees.

Impact PS-4. Development facilitated by the 2040 General Plan would result in an increase in San Ramon population. This would increase demand for and use of parks and potentially create the need for new or altered park and recreational facilities. However, compliance with 2040 General Plan policies would result in impacts related to increased use or the need for new or altered parks or recreational facilities that are less than significant.

Impact PS-5. Development facilitated by the 2040 General Plan would result in an increase in the City’s population. This would increase demand for public facilities, specifically libraries, and potentially create the need for new libraries. However, compliance with 2040 General Plan policies would result in impacts related to need for new or altered public facilities that are less than significant.

Transportation and Traffic
Impact TRA-3. Implementation of the 2040 General Plan would not substantially increase hazards because of a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Impacts would be less than significant.

Impact TRA-4. Implementation of the 2040 General Plan would not have the potential to result in inadequate emergency access. This impact would be less than significant.

Utilities and Service Systems
Impact UTL-2. Development facilitated by the 2040 General Plan would increase demand for water supply. However, with adherence to the 2040 General Plan goals and policies, water supplies would be adequate to support future development. Impacts would be less than significant.

Impact UTL-3. Development projected by the 2040 General Plan would increase demand for wastewater treatment. However, the existing wastewater treatment plant has sufficient capacity for future development, and the 2040 General Plan contains policies to ensure treatment is adequate.

Impacts would be less than significant.

Impact UTL-4. Development facilitated under the 2040 General Plan would increase the volume of solid waste generated in San Ramon. However, existing infrastructure that serves the city, as well as policies within the 2040 General Plan, would ensure that the City has adequate capacity to accept

5.9.a
Packet Pg. 162 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
12 the increase in solid waste and comply with federal, State, and local management reduction regulations. Impacts would be less than significant.

5.9.a
Packet Pg. 163 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less Than Significant Level After Implementation of Mitigation Measures Findings of Fact/Statement of Overriding Considerations 13 4 Impacts Determined to be Less Than
Significant Level After Implementation of
Mitigation Measures
These topical areas contain impacts of the 2040 General Plan that are reduced to a less-thansignificant level through the implementation of mitigation measures. Pursuant to California Public Resources Code Section 21081(a)(1) and CEQA Section 15091(a)(1), as to each impact, the City, based on the evidence in the record before it, finds that changes or alterations incorporated into the 2040 General Plan mitigate, avoid, or substantially lessen to a level of insignificance these environmental impacts of the Project. The basis for the finding for each impact is set forth below.

Air Quality
Impact AQ-2
Implementation of the 2040 General Plan would result in the generation of air pollutants during construction and operation of individual projects, which could affect local air quality. However, construction and operational impacts would be less than significant with implementation of Mitigation Measures AQ-1 and AQ-2. Implementation of the 2040 General Plan would not result in a cumulatively considerable net increase of operational criteria pollutants with mitigation.

MITIGATION MEASURE AQ-1 REDUCE CONSTRUCTION CRITERIA POLLUTANT EMISSIONS To reduce temporary increases in criteria air pollutant emissions during the construction phase for discretionary development projects that are subject to CEQA and exceed the screening sizes in the Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines, the City shall require such projects to evaluate project- specific construction emissions in conformance with the BAAQMD methodology. If construction-related criteria air pollutants exceed the BAAQMD thresholds of significance, the project applicant shall mitigate the impacts to a less-than-significant level.

MITIGATION MEASURE AQ-2: REDUCE OPERATIONAL CRITERIA POLLUTANT EMISSIONS To reduce long-term increases in air pollutants during the operation phase for discretionary development projects that are subject to CEQA and exceed the screening sizes in the Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines, the City shall require such projects to evaluate project- specific operation emissions in conformance with BAAQMD CEQA Guidelines. If operation- related air pollutants exceed the BAAQMD-adopted thresholds of significance, the project applicant shall mitigate the impact to a less-than-significant level.

Finding
The City finds that with incorporation of Mitigation Measures AQ-1 and AQ-2, impacts related to a cumulatively considerable net increase of criteria pollutant would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

5.9.a
Packet Pg. 164 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
14 Impact AQ-3
Construction activities for individual projects facilitated by the 2040 General Plan lasting longer than two months or located within 1,000 feet of sensitive receptors could expose sensitive receptors to substantial pollutant concentrations. Implementation of the 2040 General Plan may also expose sensitive receptors to additional operational sources of TACs. Impacts would be less than significant with implementation of Mitigation Measures AQ-3 and AQ-4.

MITIGATION MEASURE AQ-3: CONDUCT AND IMPLEMENT CONSTRUCTION HEALTH RISK ASSESSMENT To identify and reduce potential risk exposure to nearby sensitive receivers during construction of individual projects (excluding ADUs, single-family residences, and duplexes) where construction activities would a) occur within 1,000 feet of sensitive receptors, b) last longer than two months, and c) not utilize equipment rated US EPA Tier 4 for equipment of 50 horsepower or more, construction equipment fitted with Level 3 Diesel Particulate Filters for all equipment of 50 horsepower or more, and/or alternative fuel construction equipment, the project applicant shall coordinate with the City to determine if a construction health risk assessment (HRA) shall be performed. If an HRA is to be performed, the HRA shall determine potential risk and compare the risk to the following BAAQMD thresholds:
 Non-compliance with Qualified Community Risk Reduction Plan;  Increased cancer risk of > 10.0 in a million;
 Increased non-cancer risk of > 1.0 Hazard Index (Chronic or Acute); or  Ambient PM2.5 increase of > 0.3 µg/m3 annual average
If risk exceeds the thresholds, measures such as requiring the use of Tier 4 engines, Level 3 Diesel Particulate Filters, and/or alternative fuel construction equipment shall be incorporated to reduce the exposure risk to acceptable levels.

MITIGATION MEASURE AQ-4: REDUCE OPERATIONAL TOXIC AIR CONTAMINANTS To identify and reduce potential risk exposure to nearby sensitive receivers during the operation phase for discretionary development projects that are subject to CEQA and exceed the screening sizes in the Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines, the City shall require applicants for commercial land uses that would generate substantial diesel truck travel (i.e., 100 diesel trucks per day or 40 or more trucks with diesel-powered transport refrigeration units per day) to contact BAAQMD to determine the appropriate level of operational health risk assessment (HRA) required. If required, the operational HRA shall be prepared in accordance with the Office of Environmental Health Hazard Assessment and BAAQMD requirements and include mitigation to reduce the exposure risk to an acceptable level. Typical measures to reduce risk impacts may include, but are not limited to:
a. Restricting idling on-site beyond Air Toxic Control Measures idling restrictions, as feasible. b. Electrifying warehousing docks.
c. Truck Electric Vehicle (EV) Capable trailer spaces.
d. Requiring use of newer equipment and/or vehicles.
e. Restricting off-site truck travel through the creation of truck routes.

5.9.a
Packet Pg. 165 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less Than Significant Level After Implementation of Mitigation Measures Findings of Fact/Statement of Overriding Considerations 15 Finding
The City finds that with incorporation of Mitigation Measures AQ-3 and AQ-4, impacts related to exposure of sensitive receptors to substantial pollutant concentrations would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

Biological Resources
Impact BIO-1
Development facilitated by the 2040 General Plan could result in direct or indirect impacts to special-status species or their associated habitats including impacts to migratory bird nest sites.

Impacts would be less than significant with implementation of Mitigation Measures BIO-1 and BIO2.

MITIGATION MEASURE BIO-1 CONDUCT PRE-CONSTRUCTION BIRD SURVEYS AND IMPLEMENT

AVOIDANCE AND MINIMIZATION MEASURES
For construction activities initiated during the bird nesting season (February 1 – September 15) involving removal of vegetation that could potentially serve as habitat for special-status bird species or other nesting bird habitat, including abandoned structures and other man-made features, a preconstruction nesting bird survey shall be conducted no more than 14 days prior to initiation of ground disturbance and vegetation removal activities. The nesting bird pre-construction survey shall be conducted on foot and shall include a buffer around the construction site at a distance determined by a qualified biologist. The survey shall be conducted by a biologist familiar with the identification of avian species known to occur in California Bay Area communities (i.e., qualified biologist). If nests are found, an avoidance buffer shall be determined by a qualified biologist dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site. The buffer shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to avoid entering the buffer zone during the nesting season. No ground disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/nesting is completed, and the young have fledged the nest. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. A report summarizing the pre-construction survey(s) shall be prepared by a qualified biologist and shall be submitted to the City prior to the commencement of construction activities.

Future project site plans shall include a statement acknowledging compliance with the federal MBTA and California Fish and Game Code that includes avoidance of active bird nests and identification of Best Management Practices to avoid impacts to active nests, including checking for nests prior to construction activities during February 1 to September 15 and what to do if an active nest is found so that the nest is not inadvertently impacted during grading or construction activities.

MITIGATION MEASURE BIO-2 CONDUCT PRE-CONSTRUCTION ROOSTING BATS SURVEYS AND

IMPLEMENT AVOIDANCE MEASURES PRIOR TO REMOVAL
Prior to the removal or alteration of trees and structures that may serve as roosting habitat for special-status bat species, a qualified biologist shall conduct a focused survey of all trees and

5.9.a
Packet Pg. 166 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
16 structures to be removed or impacted by construction activities to determine whether active roosts of special-status bats are present on site. The survey shall be conducted during seasonal periods of bat activity (March 1 through October 15). The biologist shall have access to all structures and interior attics, as needed. If a colony of bats is found roosting in any structure, tree or other habitat, further surveys, such as night emergent surveys, shall be conducted sufficient to determine the species present and the type of roost (day, night, maternity, etc.).

Tree or structure removal shall be planned for either the spring or the fall and timed to ensure both suitable conditions for the detection of bats and adequate time for tree and/or structure removal to occur during seasonal periods of bat activity exclusive of the breeding season, as described below.

Trees and/or structures containing suitable potential bat roost habitat features shall be clearly marked or identified. If no bat roosts are found, the results of the survey will be documented and submitted to the City within 30 days of the survey, after which no further action will be required.

If day roosts are present, the biologist shall prepare a site-specific roosting bat protection plan to be implemented by the contractor following the City’s approval. The plan shall incorporate the following guidance as appropriate:
 When possible, removal of trees/structures identified as suitable roosting habitat shall be conducted during seasonal periods of bat activity, including the following:
a) Between September 1 and about October 15, or before evening temperatures fall below 45 degrees Fahrenheit and/or more than 0.5 inch of rainfall within 24 hours occurs. b) Between March 1 and April 15, or after evening temperatures rise above 45 degrees Fahrenheit and/or no more than 0.5 inch of rainfall within 24 hours occurs.  If a tree /structure must be removed during the maternity season and is identified as potentially containing a colonial maternity roost, then a qualified biologist shall conduct acoustic emergence surveys or implement other appropriate methods to further evaluate if the roost is an active maternity roost. Under the biologist’s guidance, the contractor shall implement measures that consist of (or exceed) the following:
a) If it is determined that the roost is not an active maternity roost, then the roost may be removed in accordance with the other requirements of this measure. b) If it is found that an active maternity roost of a colonial roosting species is present, the roost shall not be disturbed during the maternity season (April 15 to August 31) or until the maternity roost has dispersed.
 Tree removal procedures shall be implemented using a two-step tree removal process. This method is conducted over two consecutive days and works by creating noise and vibration by cutting non-habitat branches and limbs from habitat trees using chainsaws only (no excavators or other heavy machinery) on day one. The noise and vibration disturbance, together with the visible alteration of the tree, is very effective in causing bats that emerge nightly to feed to not return to the roost that night. The remainder of the tree is removed on day two.  Prior to the demolition of vacant structures within the project site, a qualified biologist shall conduct a focused habitat assessment of all structures to be demolished. The habitat assessment shall be conducted enough in advance to ensure the commencement of building demolition can be scheduled during seasonal periods of bat activity (see above), if required. If no signs of day roosting activity are observed, no further actions will be required. If bats or signs of day roosting by bats are observed, a qualified biologist will prepare specific recommendations such as partial dismantling to cause bats to abandon the roost, or humane eviction, both to be conducted during seasonal periods of bat activity, if required. Should maternity roosts be observed the roost shall not be disturbed during the maternity season (April 15 to August 31) or until maternity roost has

5.9.a
Packet Pg. 167 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less Than Significant Level After Implementation of Mitigation Measures Findings of Fact/Statement of Overriding Considerations 17 dispersed. If project schedules do not allow for maternity season avoidance, a bat habitat mitigation and monitoring plan shall be developed to reduce risks to bat pups and consultation with CDFW would be required.

If the qualified biologist determines a roost is used by a large number of bats (large hibernaculum), bat boxes shall be installed near the project site. The number of bat boxes installed will depend on the size of the hibernaculum and shall be determined through consultation with CDFW. If a maternity colony has become established, all construction activities shall be postponed within a 500-foot buffer around the maternity colony until it is determined by a qualified biologist that the young have dispersed. Once it has been determined that the roost is clear of bats, the roost shall be removed immediately.

Finding
The City finds that with incorporation of Mitigation Measures BIO-1 and BIO-2, construction impacts to special status species would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

Cultural Resources
Impact CR-1
The 2040 General Plan has the potential to result in significant impacts if development carried out under the plan would cause a substantial adverse change in the significance of a historical resource.

This impact would be less than significant with implementation of Mitigation Measure CR-1.

MITIGATION MEASURE CR-1 PREPARE A HISTORICAL RESOURCES EVALUATION PRIOR TO APPROVAL FOR PROJECTS INVOLVING BUILDINGS 45 YEARS OR OLDER AND IMPLEMENT MITIGATION PRIOR TO AND DURING CONSTRUCTION.

A historic resources evaluation for projects involving buildings 45 years or older shall be prepared as follows:
 All properties 45 years of age or older as deemed appropriate by the San Ramon Community Development Director shall be evaluated within their historic context and documented in a report meeting the State Office of Historic Preservation guidelines. The evaluation shall be prepared by a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualifications Standards in architectural history or history (as defined in Code of Federal Regulations, Title 36, Part 61). The qualified architectural historian or historian shall conduct an intensive-level evaluation in accordance with the guidelines and best practices promulgated by the State Office of Historic Preservation to identify potential historical resources within the proposed development site. Such evaluated properties shall be documented on Department of Parks and Recreation Series 523 Forms. The report shall be submitted to the City for review and concurrence. If the property is already listed in the NRHP or CRHR, the historical resources evaluation described above shall not be required.  If historical resources are identified within the site of a proposed development, efforts shall be made to the extent feasible to ensure that impacts are mitigated. Application of mitigation shall generally be overseen by a qualified architectural historian or historic architect meeting the Professional Qualification Standards, unless unnecessary in the circumstances (e.g., preservation in place). In conjunction with a development application that may affect the historical resource,

5.9.a
Packet Pg. 168 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
18 the historical resources evaluation report shall also identify and specify the treatment of character-defining features and construction activities.  Efforts shall be made to the greatest extent feasible to ensure that the relocation, rehabilitation, or alteration of the resource is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. Application of the Standards shall be overseen by a qualified architectural historian or historic architect meeting the Professional Qualification Standards. In conjunction with a development application that may affect the historical resource, a report identifying and specifying the treatment of character-defining features and construction activities shall be provided to the City for review and concurrence. As applicable, the report shall demonstrate how a project complies with the Standards and be submitted to the City for review and approval prior to the issuance of permits.
 If significant historical resources are identified on a development site and compliance with the Standards and or avoidance is not possible, appropriate site-specific mitigation measures shall be established and undertaken. Mitigation measures may include documentation of the historical resource in the form of a Historic American Building Survey (HABS) report, or equivalent. The report shall comply with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation and shall generally follow the HABS Level III requirements, including digital photographic recordation, detailed historic narrative report, and compilation of historic research. The documentation shall be completed by a qualified architectural historian or historian who meets the Professional Qualification Standards and submitted to the City prior to issuance of any permits for demolition or alteration of the historical resource.

Finding
The City finds that with incorporation of Mitigation Measure CR-1, impacts to historical resources would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

Impact CR-2
The 2040 general Plan has the potential to result in significant impacts if development carried out under the plan would cause a substantial adverse change in the significance of an archaeological resource, including those that qualify as historical resources. This impact would be less than significant with implementation of Mitigation Measures CR-2 and CR-3.

MITIGATION MEASURE CR-2 PREPARE AN ARCHAEOLOGICAL RESOURCES ASSESSMENT PRIOR TO PROJECT APPROVAL AND IMPLEMENT MITIGATION PRIOR TO AND DURING CONSTRUCTION.

An archaeological resources assessment for projects involving ground disturbance shall be prepared as follows:
 Assessments shall include a California Historical Resources Information System records search at the Northwest Information Center (NAHC) and a Sacred Lands File search maintained by the Native American Heritage Commission. The records searches will characterize the results of previous cultural resource surveys and disclose any cultural resources that have been recorded and/or evaluated in and around a project site. A Phase I pedestrian survey shall be undertaken at a project site that is on previously undeveloped land in order to locate any surface cultural materials. By performing a records search, consultation with the NAHC, and a Phase I survey, a

5.9.a
Packet Pg. 169 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less Than Significant Level After Implementation of Mitigation Measures Findings of Fact/Statement of Overriding Considerations 19 qualified archaeologist shall be able to classify a project site as having high, medium, or low sensitivity for archaeological resources.
 If the Phase I archaeological survey identifies resources that may be affected by a project, the archaeological resources assessment shall also include Phase II testing and evaluation. If resources are determined significant or unique through Phase II testing and site avoidance is not possible, appropriate site-specific mitigation measures shall be identified in the Phase II evaluation. These measures shall include, but would not be limited to, a Phase III data recovery program, avoidance, or other appropriate actions to be determined by a qualified archaeologist in consultation with the City and any interested Tribes, as stated in the 2040 General Plan Tribal Consultation Implementation Program outlined by Guiding Policy ENV-5. If significant archaeological resources cannot be avoided, impacts may be reduced to less-than-significant levels by adding fill soils on top of the sites rather than cutting into cultural deposits.

Alternatively, and/or in addition, a data collection program may be warranted, including mapping the location of artifacts, surface collection of artifacts, or excavation of the cultural deposit to characterize the nature of the buried portions of sites. Curation of the excavated artifacts or samples shall occur as specified by the archaeologist in consultation with the City and any interested Tribes. As stated in the 2040 General Plan Tribal Consultation Implementation Program outlined by Guiding Policy ENV-5 and Guiding Policy 8.7-G-1, the final disposition of artifacts not directly associated with Native American graves shall be negotiated during consultation with interested tribes. If Native American tribes do not accept the artifact, it shall be offered to an institution staffed by qualified professionals, as determined by the City Planner.

Artifacts include material recovered from all phases of work, including the initial survey, testing, indexing, data recovery, and monitoring.

MITIGATION MEASURE CR-3 STOP WORK IN THE EVENT OF UNANTICIPATED CULTURAL RESOURCES

DISCOVERIES DURING CONSTRUCTION
If cultural resources are encountered during ground-disturbing activities for a project, work in the immediate area shall be halted and an archaeologist meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology in either prehistoric or historic archaeology shall be contacted immediately to evaluate the find. If necessary, the evaluation may require preparation of a treatment plan and archaeological testing for CRHR eligibility. If the discovery proves to be significant under CEQA and cannot be avoided by a project, additional work such as excavating the cultural deposit to fully characterize its extent, and collecting and curating artifacts may be warranted to mitigate any significant impacts to cultural resources. In the event that archaeological resources of Native American origin are identified during project construction, a qualified archaeologist will consult with the City to begin Native American consultation procedures.

Finding
The City finds that with incorporation of Mitigation Measures CR-2 and CR-3, impacts to archeological resources would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental.

Impact CR-4
Development facilitated by the 2040 general plan has the potential to impact unidentified tribal cultural resources. Impacts would be less than significant with implementation of Mitigation Measure CR-4.

5.9.a
Packet Pg. 170 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
20 MITIGATION MEASURE CR-4 SUSPEND WORK AROUND TRIBAL CULTURAL RESOURCES IDENTIFIED DURING CONSTRUCTION.

In the event that cultural resources of Native American origin are identified during construction of a project implemented under the 2040 General Plan, all earth-disturbing work in the vicinity of the find shall be temporarily suspended or redirected until an archaeologist has evaluated the nature and significance of the find as a cultural resource and an appropriate local Native American representative is consulted. If the City, in consultation with local Native Americans, determines that the resource is a tribal cultural resource and, thus, significant under CEQA, a mitigation plan shall be prepared and implemented in accordance with State guidelines and in consultation with local Native American group(s). The mitigation plan shall include avoidance of the resource or, if avoidance of the resource is infeasible, the plan shall outline the appropriate treatment of the resource in coordination with the appropriate local Native American tribal representative and, if applicable, a qualified archaeologist. Examples of appropriate mitigation for tribal cultural resources include, but are not limited to, protecting the cultural character and integrity of the resource, protecting traditional use of the resource, protecting the confidentiality of the resource, or heritage recovery.

Finding
The City finds that with incorporation of Mitigation Measure CR-4, impacts to tribal cultural resources would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, 2040 General Plan that avoid or substantially lessen the significant environmental effect.

Geology/Soils and Mineral Resources
Impact GEO-6
Development facilitated by the 2040 General Plan has the potential to impact paleontological resources. Impacts would be less than significant with implementation of Mitigation Measure GEO1.

MITIGATION MEASURE GEO-1 PROTECT PALEONTOLOGICAL RESOURCES The City of San Ramon shall provide for the protection of paleontological resources. The City shall require the following:
 A Qualified Professional Paleontologist (as defined by SVP14) must be retained to conduct a paleontological resources analysis prior to the beginning of projects involving ground disturbance in geologic units with high paleontological sensitivity to determine whether there is a potential for significant impacts to paleontological resources.

If potential impacts to paleontological resources are found to be significant, then a Qualified Professional Paleontologist shall be retained to develop and implement a Paleontological Resources Mitigation Program to ensure that impacts to paleontological resources are less than significant.

Finding
The City finds that with incorporation of Mitigation Measure GEO-1, impacts to paleontological resources would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, 2040 General Plan that avoid or substantially lessen the significant environmental effect.

5.9.a
Packet Pg. 171 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less Than Significant Level After Implementation of Mitigation Measures Findings of Fact/Statement of Overriding Considerations 21 Greenhouse Gas Emissions and Energy
Impact GHG-1
San Ramon does not have a Climate Action Plan that includes targets to meet State 2030 and 2045 goals. Therefore, implementation of the 2040 General Plan would not meet State 2030 and 2045 goals. Mitigation Measure GHG-1 would result in adoption of San Ramon CEQA greenhouse gas (GHG) thresholds and a Climate Action Plan. Impacts related to GHG emissions and conflict with greenhouse plans, policies, and regulations would be less than significant with implementation of Mitigation Measure GHG-1.

MITIGATION MEASURE GHG-1 ADOPT AND IMPLEMENT A SAN RAMON QUALIFIED CLIMATE ACTION

PLAN AND SAN RAMON CEQA GHG EMISSIONS THRESHOLDS
The City shall adopt an updated, qualified San Ramon Climate Action Plan (CAP) by the end of 2024 and include targets that reflect those set by California SB 32 to reduce GHG emissions by 40 percent below the 1990 levels by 2030 and California AB 1279 to achieve carbon neutrality by 2045. The updated, qualified San Ramon CAP shall be implemented and tracked/monitored by the City in accordance with the CAP-established timeline and details.

The City shall also adopt San Ramon CEQA GHG Emissions Thresholds of Significance that are consistent with an updated, qualified San Ramon Climate Action Plan by the end of 2024 for use in future CEQA GHG emissions analyses through 2030 and consistent with SB 32. In addition, upon completion of future climate action plan updates and as necessary, the City shall update the CEQA GHG emissions thresholds of significance to be consistent with each climate action plan update.

Finding
The City finds that with incorporation of Mitigation Measure GHG-1, impacts related to greenhouse gas emissions and conflicts with greenhouse plans, policies, and regulations would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

Hazards/Hazardous Materials and Wildfire
Impact HAZ-5
San Ramon is not located within or near a Very High Fire Hazard Severity Zone or State Responsibility area; however, portions of San Ramon are located in and near a High Fire Hazard Severity Zone, a Local Responsibility area, and areas of vegetated open space. Mitigation and compliance with applicable codes and regulations would reduce the risk of loss, injury, or death from wildfire. Impacts would be less than significant with implementation of Mitigation Measure HAZ-5.

MITIGATION MEASURE HAZ-1 CONDUCT PROJECT LANDSCAPE AND SLOPE DESIGN WILDFIRE RISK

REDUCTION
The City shall require projects adjacent to High Fire Hazard Zones to conduct landscape and slope design wildfire risk reduction. Project landscape plans (as made available when project applications are submitted) shall include fire-resistant vegetation native to Contra Costa County and/or the local microclimate of the site and prohibit the use of fire-prone species especially non-native, invasive

5.9.a
Packet Pg. 172 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
22 species. Also, if a project site is within a known landslide area (see Figure 3.5-5 in Section 3.5, Geology and Soils), the site shall be subject to geotechnical review regarding potential post-fire slope instability.

Finding
The City finds that with incorporation of Mitigation Measure HAZ-1, impacts related to wildfire would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

Noise
Impact NOI-1
Construction of individual projects facilitated by the 2040 General Plan would temporarily increase noise levels, potentially affecting nearby noise-sensitive land uses. Development facilitated by the 2040 General Plan would also introduce new noise sources and contribute to increases in operational noise. The continued regulation of noise, consistent with the City Code, implementation of proposed 2040 General Plan policies, and identified mitigation would minimize disturbance to adjacent land uses. Impacts would be less than significant with implementation of Mitigation Measures NOI-1 and NOI-2.

MITIGATION MEASURE NOI-1 INCLUDE AND IMPLEMENT CONSTRUCTION NOISE REDUCTION

MEASURES
To minimize noise during construction, construction contractors shall implement the following measures for construction activities conducted within San Ramon. Construction plans submitted to the City shall include construction noise analysis and identify these measures on demolition, grading, and construction plans submitted to the City. The City of San Ramon Building Division and/or Public Works Department shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading and/or building permits.
 Mufflers. During excavation and grading construction phases, all construction equipment, fixed or mobile, shall be operated with closed engine doors and shall be equipped with properly operating and maintained mufflers consistent with manufacturers’ standards.  Stationary Equipment. All stationary construction equipment shall be placed so that emitted noise is directed away from the nearest sensitive receivers.  Equipment Staging Areas. Equipment staging shall be located in areas that will create the greatest distance feasible between construction-related noise sources and noise-sensitive receivers.
 Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels.

Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction in compliance with applicable safety laws and regulations.
 Electrically-Powered Tools and Facilities. Electrical power shall be used to run air compressors and similar power tools and to power any temporary structures, such as construction trailers or caretaker facilities, where feasible.

5.9.a
Packet Pg. 173 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less Than Significant Level After Implementation of Mitigation Measures Findings of Fact/Statement of Overriding Considerations 23  Noise Disturbance Coordinator. The project applicant shall designate a “noise disturbance coordinator” responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of any noise complaint and shall require that reasonable measures be implemented to correct the problem. A telephone number for the disturbance coordinator and the City shall be posted at the construction site.  Temporary Noise Barriers. Erect temporary noise barriers, where feasible, when construction noise is predicted to exceed the acceptable standards (e.g., 80 dBA Leq at residential receivers, schools or other sensitive receptors during the daytime) and when the anticipated construction duration is greater than is typical (e.g., two years or greater). Temporary noise barriers shall be constructed with solid materials (e.g., wood) with a density of at least 1.5 pounds per square foot with no gaps from the ground to the top of the barrier. If a sound blanket is used, barriers shall be constructed with solid material with a density of at least 1 pound per square foot with no gaps from the ground to the top of the barrier and be lined on the construction side with acoustical blanket, curtain or equivalent absorptive material rated sound transmission class (STC) 32 or higher.

NOI-2 IMPLEMENT OPERATIONAL ROADWAY VEHICLE NOISE REDUCTION MEASURES To reduce operational roadway vehicle noise, the City shall implement a developer fair share mitigation program to fund the following measures for projects operated on the following roadway segments within San Ramon: Dougherty Road between Bollinger Canyon Road (north) and Bollinger Canyon Road (South), San Ramon Valley Boulevard between the northern City limit and Crow Canyon Road, Camino Ramon between Crow Canyon Road and Norris Canyon Road, and Camino Ramon between Norris Canyon Road and Bollinger Canyon Road. The City shall retain a qualified acoustical consultant to prepare a San Ramon-wide Roadway Vehicle Noise Reduction Study that specifies, at a minimum, the specific locations, extent, height of sound walls, and other design details such as “quiet pavement” to reduce roadway vehicle noise impacts at impacted roadways throughout San Ramon. The study shall also include an estimated cost of improvement along each impacted roadway segment to inform the developer fair share mitigation program. Roadway vehicle noise reduction measures may include, but are not limited to:

A. Sound Barrier Walls. The City shall construct sound barriers (e.g., walls or solid fences) along impacted roadways where there are no driveways that would break continuity, and along the residential portions or other sensitive receptor locations of such roadways. The sound walls would be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of four pounds per square foot and a minimum height of six feet, as measured from the base elevation; and/or
B. Special Roadway Paving. The City shall install “quiet pavement” roadway improvements, such as rubberized asphalt or open-grade asphalt concrete overlays along impacted roadway segments (Dougherty Road between Bollinger Canyon Road (north) and Bollinger Canyon Road (South), San Ramon Valley Boulevard between the City limit and Crow Canyon Road, Camino Ramon between Crow Canyon Road and Norris Canyon Road, and Camino Ramon between Norris Canyon Road and Bollinger Canyon Road) where sound barriers (NOI-2A) are determined not to be feasible.

Finding
The City finds that with incorporation of Mitigation Measures NOI-1 and NOI-2, noise impacts would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

5.9.a
Packet Pg. 174 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
24 Impact NOI-2
Construction of individual projects facilitated by the 2040 General Plan would temporarily generate groundborne vibration and noise, potentially affecting nearby land uses. Operation of development facilitated by the 2040 General Plan would not result in substantial groundborne vibration and noise. This impact would be less than significant with implementation of Mitigation Measure NOI-3.

MITIGATION MEASURE NOI-3 PREPARE A NOISE AND VIBRATION ANALYSIS AND IMPLEMENT

CONSTRUCTION VIBRATION CONTROL MEASURES AND SCREENING DISTANCES Prior to issuance of a building permit for a project requiring a) pile driving during construction within 135 feet of fragile structures such as historical resources, 100 feet of non-engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); b) a vibratory roller within 40 feet of fragile historical resources or 25 feet of any other structure; and/or c) a dozer or other large earthmoving equipment within 20 feet for a fragile historical structure or 15 feet of any other structure, the project applicant shall prepare a groundborne noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these construction activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed FTA architectural damage thresholds (e.g., 0.12 in/sec PPV for fragile or historical resources,

0.2 in/sec PPV for non-engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses such as drilling piles as opposed to pile driving, static rollers as opposed to vibratory rollers, and lower horsepower earthmoving equipment shall be used. If necessary, construction vibration monitoring shall be conducted to ensure FTA vibration thresholds are not exceeded.

Finding
The City finds that with incorporation of Mitigation Measure NOI-3, construction impacts related to vibration would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

Transportation and Traffic
Impact TRA-1
Implementation of the 2040 General Plan could conflict with a program, plan, ordinance, or policy addressing the circulation system, including roadway, transit, bicycle, and pedestrian facilities during construction. However, operational impacts would not conflict with policies addressing the circulation system. Impacts would be less than significant with implementation of Mitigation Measure TRA-1.

MITIGATION MEASURE TRA-1 PREPARE AND IMPLEMENT CONSTRUCTION TRAFFIC MANAGEMENT PLANS
Prior to issuance of building permits, the contractor for an individual development project that requires off-site staging, lane closures, or substantial hauling of cut and fill on a local street (i.e., not under Caltrans’ jurisdiction) shall prepare a Construction Traffic Management Plan that includes measures such as, but not limited to, the following as deemed necessary by the City. The approved Construction Traffic Management Plan shall be implemented during construction.

5.9.a
Packet Pg. 175 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Less Than Significant Level After Implementation of Mitigation Measures Findings of Fact/Statement of Overriding Considerations 25  Provide a temporary traffic signal, if necessary
 Project Staging Plan to maximize on-site storage of materials and equipment  A set of comprehensive traffic control measures, including scheduling of major truck trips and deliveries to avoid peak-hours; lane closure proceedings; signs, cones, and other warning devices for drivers; and designation of construction access routes  Permitted construction hours
 Location of construction staging
 Identification of parking areas for construction employees, site visitors, and inspectors, including on-site locations
 Provisions for street sweeping to remove construction related debris on public streets Finding
The City finds that with incorporation of Mitigation Measure TRA-1, construction impacts related to conflicts with a program, plan, ordinance, or policy addressing the circulation system, including roadway, transit, bicycle, and pedestrian facilities would be less than significant. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

Utilities and Service Systems
Impact UTL-1
Development under the 2040 General Plan would increase demand for water, wastewater, stormwater, and telecommunications services. Utility facilities and infrastructure development and relocation facilitated by the 2040 General Plan would occur in developed areas of San Ramon where such facilities exist, impacts would be less than significant with implementation of Mitigation Measures AQ-1, AQ-2, AQ-3, BIO-1, BIO-2, CR-1, CR-2, CR-2, CR-3, CR-4, GEO-1, GHG-1, HAZ-1, NOI1, NOI-2, NOI-3, TRA-1 (included above), and TRA-2 (included in Section 5) and Mitigation Measures UTL-1 and UTL-2 (included below).

MITIGATION MEASURE UTL-1 PROVIDE ADEQUATE WATER SUPPLY AND TREATMENT FOR PROJECTS To ensure adequate water supply, as well as consistency with existing utility providers and State regulations, the City shall implement the following measures:
 Infrastructure Maintenance. Collaborate with water providers in their efforts to maintain wastewater conveyance, treatment, and disposal infrastructure in good working conditions within San Ramon.
 Water Services Requirement. Require that water services for new developments do not negatively affect service to existing uses.
 Water Provider Coordination. Coordinate with water providers to ensure that new proposed development can be adequately served by the water supply system prior to approving the development.
 Commercial and Business Water Conservation. Require new or remodeled commercial and industrial development to make changes that conserve water, to the extent feasible. This could include utilizing efficient plumbing fixtures, installing drought-tolerant and water-wise landscaping, and harvesting rainwater for irrigation.
 Water Conservation Measures. Reduce the amount of water used by development by requiring compliance with adopted water conservation measures.

5.9.a
Packet Pg. 176 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
26 MITIGATION MEASURE UTL-2 PROVIDE ADEQUATE WASTEWATER INFRASTRUCTURE AND TREATMENT FOR

PROJECTS
To ensure adequate wastewater infrastructure and treatment, as well as consistency with existing utility providers and State regulations, the City shall implement the following measures:
 Infrastructure Maintenance. Infrastructure Maintenance. Collaborate with Central San and Dublin San Ramon Services District in their efforts to maintain wastewater conveyance, treatment, and disposal infrastructure in good working conditions within San Ramon.  New Development. Coordinate the review of development proposals with Central San to ensure that new development can be adequately served.
 Wastewater Services Requirement. Require that wastewater services for new development do not negatively affect service to existing uses.
 Capital Improvements Program. When updating the Capital Improvements Program, identify and include the following:
 Projects that could also support green infrastructure improvements.  Street improvements consistent with emergency vehicle access standards.  City-sponsored projects necessary to maintain or improve levels of performance.

Finding
The City finds that with incorporation of Mitigation Measures AQ-1, AQ-2, AQ-3, BIO-1, BIO-2, CR-1, CR-2, CR-2, CR-3, CR-4, GEO-1, GHG-1, HAZ-1, NOI-1, NOI-2, NOI-3, TRA-1, TRA-2 UTIL-1, and UTIL-2, impacts related to potential need for new or expanded utility infrastructure and facilities would be reduced to a less than significant level. Pursuant to CEQA Guidelines Section 15091 (a)(1), changes or alterations have been required in, or incorporated into, the 2040 General Plan that avoid or substantially lessen the significant environmental effect.

5.9.a
Packet Pg. 177 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Significant and Unavoidable
Findings of Fact/Statement of Overriding Considerations 27 5 Impacts Determined to be Significant
and Unavoidable
This topical area contains impacts of the 2040 General Plan that would remain significant and unavoidable after implementation of mitigation measures. Pursuant to California Public Resources Code Section 21081(a)(1) and CEQA Section 15091(a)(1), as to each impact, the City, based on the evidence in the record before it, finds that changes or alterations incorporated into the 2040 General Plan mitigate, avoid, or substantially lessen to a level of insignificance these environmental impacts of the Project; however, a significant unavoidable impact would remain even after implementation of mitigation. Avoidance of the impact altogether is infeasible taking into account economic, legal, social, technological and/or other considerations, including considerations for the provision of employment for highly trained workers (California Public Resources Code Section 21081(a)(3) and CEQA Section 15091(a)(3).

Transportation
Impact TRA-2
Development facilitated by the 2040 General Plan would result in marginal reductions in vehicle miles traveled (VMT) per capita and VMT per employee compared to existing conditions, but VMT per employee would still exceed the significance threshold of 15 percent below the existing baseline. Implementing the 2040 General Plan policies would reduce VMT through promoting accessibility, encouraging non-vehicle transportation modes, and improving access to transit services. Even with the 2040 General Plan policies to reduce VMT, it is possible that VMT per employee would still remain above the significance threshold.

Available project characteristics modification and Transportation Demand Management Program (TDM) measures are included in Mitigation Measure TRA-2. Contra Costa Transportation Authority (CCTA) also includes participation in a CCTA-approved VMT impact fee program and/or VMT mitigation exchange/banking program, but CCTA is still developing such a program. City of San Ramon requirement to participate in this program is included in Mitigation Measure TRA-2.

However, due to unknown future conditions at the time of future projects facilitated by the 2040 General Plan and the uncertainty of the effectiveness of VMT reduction measures included in Mitigation Measure TRA-2 to guarantee a reduction of VMT below thresholds, operational VMT impacts of the 2040 General Plan would remain significant and unavoidable even with mitigation.

Therefore, Implementation of the 2040 General Plan would conflict with or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). Impacts would be significant and unavoidable even with mitigation. No additional feasible mitigation measures were identified that would reduce the impact’s level of significance.

Mitigation Measures
MITIGATION MEASURE TRA-2 PREPARE AND IMPLEMENT VMT REDUCTION MEASURES The Contra Costa Transportation Authority’s (CCTA’s) VMT Analysis for Land Use Projects in Contra Costa, which is found in Appendix A in CCTA’s Final Technical Procedures (November 2022)

5.9.a
Packet Pg. 178 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
28 describes options for mitigation of VMT impacts. The first two options below apply to development projects and plans, and the third applies at a General Plan area-wide scale.

1. A project applicant shall modify a project’s characteristics to reduce VMT generated by such project prior to issuance of an occupancy permit. This might involve changing the density or mixture of land uses on a project site, or changing a project’s location to one that is more accessible by transit or other travel modes.

2. A project applicant shall implement transportation demand management (TDM) or physical design measures to reduce VMT generated by a project prior to issuance of an occupancy permit.

3. The City shall participate in a CCTA-approved VMT impact fee program and/or VMT mitigation exchange/banking program, once it is completed and published by CCTA. (Note that CCTA is developing such a program for Contra Costa County.)
When option 2 (TDM plan) is applied for future land use development projects facilitated by the 2040 General Plan that do not meet CCTA screening criteria and thresholds, the City shall require preparation and implementation of a project-level TDM plan with the following TDM measures.

TDM Measures
CAPCOA Handbook Measure Types of Projects Core Elements T-7: Commute Trip Reduction Marketing Employment-based *Thoughtful marketing strategy *Readily available commute information
*Designated TDM Coordinator
*Guaranteed Ride Home
T-8: Provide Ridesharing Program Employment-based *Participation in a TMA with ride-matching program *Preferential parking policies for carpools
*Promotions and incentives such as gas cards at
carpool formation
T-9: Implement Subsidized or Discounted
Transit Program
Residential, School,
Employment-based
*Location within 1/2 mile of major transit stop or
high-quality transit corridor
*Participation in Commuter Benefits Program
*Easy to sign up for incentives
T-11: Provide Employer Sponsored
Vanpool / Point-to-Point Shuttles
Employment-based *Coordinate logistics of vanpool program *Cover vanpool fares for riders through commute
benefits program
*Promote and facilitate vanpool creation
T-12: Price Workplace Parking Employment-based *Location within 1/2 mile of transit service *Priced at least $5 per day
*On-street parking nearby is not readily available
T-13: Implement Employee Parking
Cashout
Employment-based *Parking is provided as benefit
*On-street parking nearby is not readily available
*Participants pledge to not drive to work
T-16: Unbundle Residential Parking Costs Residential *On-street parking nearby is not readily available *All parking is priced at a rate at least $30
per month

5.9.a
Packet Pg. 179 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Impacts Determined to be Significant and Unavoidable
Findings of Fact/Statement of Overriding Considerations 29 CAPCOA Handbook Measure Types of Projects Core Elements T-23: Community-Based Travel Planning Residential, Retail, School
*Proactive outreach to all households in service
area or project
*Program Coordinator designated as lead in
promoting non-auto transportation
T-10: Provide End-of-Trip Bicycle
Facilities
All Projects *Provision of secure bicycle parking in the form of lockers, a locked storage room, or an attended
storage facility
*(For non-residential): Provision of lockers, showers,
and changing rooms
T-21A: Implement Carshare Program /
Provide Carshare Parking
All Projects *Dedicate parking for carshare vehicles
*Identify carshare partner
T-15 Reduce Parking Supply Residential *On-street parking nearby is not readily available T-18: Provide Pedestrian Network
Improvements:

All Projects Completion of one or more projects identified in the San Ramon Bicycle Master Plan
T-19-A and T-19-B: Construct or Improve
Bicycle Facility/Bicycle Boulevard
All Projects
T-20: Expand Bikeway Network All Projects
T-26 Increase Transit Frequency All Projects in PDAs Increase the frequency of transit service by providing funding for more operators and vehicles
T-25 Increase Transit Coverage All Projects Expand transit service to areas without access to it, or expand to later/earlier hours.

T-23: Community-Based Travel Planning Residential, Retail, School
*Proactive outreach to all households in service
area or project
*Program Coordinator designated as lead in
promoting non-auto transportation
T-22: Bikeshare/Scootershare All Projects in PDAs Fund and implement program providing e-bikes or scooters available on demand. Ideally pursue a
"dockless" system.

Free E-Bike Program All Projects Provide e-bikes free of charge to households pledging to reduce vehicle trips
Source: Handbook for Analyzing Greenhouse Gas Emissions Reductions, Assessing Climate Change Vulnerabilities, and Advancing Health and Equity (CAPCOA, December 2021).

Feasible options listed in the table above to reduce VMT below CCTA thresholds shall be implemented for individual projects facilitated by the 2040 General Plan. VMT reduction measures shall be included at project design review and be reviewed and approved by the City prior to issuance of construction permits.

Finding
The City finds that development facilitated by the 2040 General Plan would result in operational VMT that would exceed significance thresholds. Mitigation Measure TRA-2 has been adopted to reduce potential impacts related to operational VMT; however, impacts would remain significant and unavoidable. As such, changes or alterations have been required in, or incorporated into, the project that substantially lessen the significant environmental effect related to operational VMT, but a significant unavoidable impact remains even after mitigation. Avoidance of the impact altogether is infeasible taking into account economic, legal, social, technological and/or other considerations, including considerations for the provision of employment for highly trained workers.

5.9.a
Packet Pg. 180 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
30 Cumulative Impacts
With the exception of the unavoidable impacts to transportation (operational VMT), the 2040 General Plan would have no impact, a less than significant impact, or a less than significant impact after mitigation with respect to all environmental issues. With the exception of transportation (operational VMT), cumulative impacts would be less than significant.

For analyzing cumulative VMT impacts, the Office of Planning and Research (OPR) provides the following guidance regarding cumulative impacts analysis and VMT:

When using an absolute VMT metric, i.e., total VMT (as recommended below for retail and transportation projects), analyzing the combined impacts for a cumulative impacts analysis may be appropriate. However, metrics such as VMT per capita or VMT per employee, i.e., metrics framed in terms of efficiency (as recommended below for use on residential and office projects), cannot be summed because they employ a denominator. A project that falls below an efficiency-based threshold that is aligned with long-term environmental goals and relevant plans would have no cumulative impact distinct from the project impact. Accordingly, a finding of a less-than-significant project impact would imply a less than significant cumulative impact, and vice versa.

The year 2040 total Countywide VMT per service population (all residents and employees) was considered in the cumulative analysis. The total Countywide VMT per service population reflects VMT generated by all trips by all land uses in Contra Costa County, as well as non-County generated trips traveling on County roadways (i.e., all VMT within the Contra Costa County boundary).

Countywide boundary VMT per service population would decrease with the 2040 General Plan, reflecting the travel efficiency that generally results from more dense, mixed-use development provided with the 2040 General Plan. While VMT per service population would decrease Countywide, based on OPR’s guidance included above, cumulative impacts would be commensurate with the project-level VMT impacts of the 2040 General Plan. Because the analysis for the proposed 2040 General Plan is based on Home-Based VMT and Home-Work VMT, the significant VMT impact finding implies that the 2040 General Plan would also have a cumulatively considerable contribution to a significant cumulative impact even after implementation of Mitigation Measure TRA-2. Since project-level significance thresholds were designed to support long-term environmental goals, they inherently also address potential cumulative VMT impacts. As such, VMT would be cumulatively considerable. Therefore, the cumulative impact related to VMT would be significant and unavoidable.

Finding
The City finds that development facilitated by the 2040 General Plan would result in cumulative VMT that would exceed significance thresholds. Mitigation Measure TRA-2 has been adopted to reduce potential impacts related to cumulative VMT; however, impacts would remain significant and unavoidable. As such, changes or alterations have been required in, or incorporated into, the project that substantially lessen the significant environmental effect related to cumulative VMT, but a significant unavoidable impact remains even after mitigation. Avoidance of the impact altogether is infeasible taking into account economic, legal, social, technological and/or other considerations, including considerations for the provision of employment for highly trained workers.

5.9.a
Packet Pg. 181 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Feasibility of Project Alternatives
Findings of Fact/Statement of Overriding Considerations 31 6 Feasibility of Project Alternatives
CEQA requires that an EIR include an analysis of a reasonable range of feasible alternatives to a project capable of avoiding or substantially lessening any significant adverse environmental impact associated with the Project. Public Resources Code § 21002. With the exception of the “no project” alternative, the specific alternatives or types of alternatives that must be assessed are not specified.

CEQA “establishes no categorical legal imperative as to the scope of alternatives to be analyzed in an EIR. Each case must be evaluated on its own facts, which in turn must be reviewed in light of the statutory purpose.” Citizens of Goleta Valley v. Board of Supervisors, 52 Cal.3d. 553, 556 (1990). The legislative purpose of CEQA is to protect public health, welfare and the environment from significant impacts associated with all types of development, by ensuring that agencies regulate activities so that major consideration is given to preventing environmental damage while providing a decent home and satisfying living environment for every Californian. Public Res. Code § 21000. In short, the objective of CEQA is to avoid or mitigate environmental damage associated with development. This objective has been largely accomplished in the 2040 General Plan through the inclusion of modifications and mitigation measures that reduce the potentially significant impacts to an acceptable level.

The CEQA Guidelines state that the “range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one of more of the significant effects.” CEQA Guidelines § 15126(d)(2).

Thus, an evaluation of the 2040 General Plan objectives is key to determining which alternatives should be assessed in the EIR.

The discussion of alternatives is required to include the “No Project” alternative. CEQA requires further that the City identify an environmentally superior alternative. If the “No Project” alternative is the environmentally superior alternative, an environmentally superior alternative must be identified from among the other alternatives (CEQA Guidelines, Section 15126.6). However, “CEQA did not require the City to choose the environmentally superior alternative. It simply required the City to consider environmentally superior alternatives, explain the considerations that led it to conclude that those alternatives were infeasible, weigh those considerations against the environmental harm that the Plan would cause, and make findings that the benefits of those considerations outweighed the harm.” (California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 1005–1006).

Whether to reject or approve any of the alternatives is a decision only for the decisionmakers. “They may reject alternatives that are undesirable from a policy standpoint as well as alternatives that fail to meet project objectives.” (Ocean Street Extension Neighborhood Assn. v. City of Santa Cruz (2021) 73 Cal.App.5th 985, 1016 (citations omitted).) “While it is up to the EIR preparer to identify alternatives as potentially feasible, the decision-making body “may or may not reject those alternatives as being infeasible” when it comes to project approval. Rejection by the decisionmakers does not undermine the validity of the EIR's alternatives analysis.” (California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, 999 [99 Cal.Rptr.3d 572, 602 (citations omitted).)

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Packet Pg. 182 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
32 6.1 Alternatives
The general goal of the proposed plan is to update the City of San Ramon General Plan, including eleven respective General Plan elements, amendment to the San Ramon Village Specific Plan, repeal of the North Camino Ramon Specific Plan, and the San Ramon Zoning Ordinance update (collectively referred to in this EIR as the 2040 General Plan).

Five specific project objectives are discussed at page 2-6 of the DEIR, and are incorporated herein by reference. The CEQA Guidelines state that the “range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one or more of the significant effects.” Based on the project objectives and anticipated environmental consequences, and pursuant to CEQA Guidelines Section 15126.6(f), the following alternatives were selected for analysis in the Draft EIR:
 Alternative 1: Adopted General Plan Buildout (“No Project”): The Adopted General Plan Buildout Alternative (or Alternative 1) assumes that the current land use and zoning designations would not change from the City’s existing, adopted (2035) General Plan. The 2040 General Plan would not be adopted. Current land uses for residential units and non-residential areas would remain unchanged under Alternative 1. Future buildout would continue to follow the current designations, resulting in a net change between 2022 and 2040 of 5,392 residential units and 4,900,000 gsf of non-residential land uses. For purposes of the environmental analysis, it was assumed that the San Ramon population net change estimate from 2022 to 2040 would be 13,033, which represents a relative population decrease of 13,236 compared to the proposed 2040 General Plan. Alternative 1 would not update the San Ramon General Plan.

Without the 2040 General Plan, San Ramon would lack a long-term blueprint for development throughout the General Plan area and not meet 2023-2031 RHNA requirements.

Alternative 2: New Infill Mixed Use within the City Core and Additional Retail Shopping Alternative: The New Infill Mixed Use within the City Core and Additional Retail Shopping Alternative (or Alternative 2) would adopt the 2040 General Plan but instead re-designate an approximately 130-acre portion of the Bishop Ranch Business Park from “Office” to “Downtown Mixed Use – South.” The purpose of the Downtown Mixed‐Use, South (DMU‐S) zone is to encourage an integrated transit-oriented and mixed use neighborhood, extending the activity of City Center across Bollinger Canyon Road with shops, offices, and a diversity of housing opportunities set in an urban environment of walkable streets, parks and trails. The intent is to promote a broad mix of uses which incorporates a transition of primarily commercial uses adjacent to the freeway and Bollinger Canyon Road, with residential uses located behind or above the primary commercial uses in close proximity to transportation networks. The allowed density in the DMU-S zone ranges from a minimum of 20 dwelling units per acre to a maximum of 60 dwelling units per acre. Development is generally intended to be more vertical in nature and allowance for higher density closer to the arterial roadway, with an appropriate transitional buffer adjacent to existing residential uses located to the south. Commercial uses (i.e., restaurants and retail) are encouraged along major streets. Development could be stand-alone, vertical, or horizontal mixed-use configurations. DMU-S would be a transit-oriented and mixed-use neighborhood extending the activity of City Center across Bollinger Canyon Road with commercial businesses and diverse housing opportunities. 41.4-acres within four existing Mixed Use shopping centers would be re-designated to “Retail Shopping,” and consists of twenty-two (22) parcels. This

5.9.a
Packet Pg. 183 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Feasibility of Project Alternatives
Findings of Fact/Statement of Overriding Considerations 33 would promote infill development within the large parcels of the Bishop Ranch Business Park, which supports higher density, mixed use development, while also retaining retail shopping opportunities in the City.
 Alternative 3: New Infill Mixed Use within the City Core Alternative: The New Infill Mixed Use within the City Core Alternative (or Alternative 3) would adopt the 2040 General Plan, but instead re-designate approximately 130-acre portion of the Bishop Ranch Business park from “Office” to “Downtown Mixed Use – South.” The purpose of the Downtown Mixed‐Use, South (DMU‐S) zone is to encourage an integrated transit-oriented and mixed use neighborhood, extending the activity of City Center across Bollinger Canyon Road with shops, offices, and a diversity of housing opportunities set in an urban environment of walkable streets, parks and trails. The intent is to promote a broad mix of uses which incorporates a transition of primarily commercial uses adjacent to the freeway and Bollinger Canyon Road, with residential uses located behind or above the primary commercial uses in close proximity to transportation networks. The allowed density in the DMU-S zone ranges from a minimum of 20 dwelling units per acre to a maximum of 60 dwelling units per acre. Development is generally intended to be more vertical in nature and allowance for higher density closer to the arterial roadway, with an appropriate transitional buffer adjacent to existing residential uses located to the south.

Commercial uses (i.e., restaurants and retail) are encouraged along major streets. Development could be stand-alone, vertical, or horizontal mixed-use configurations. DMU-S would be a transit-oriented and mixed-use neighborhood extending the activity of City Center across Bollinger Canyon Road with commercial businesses and diverse housing opportunities. DMU-S would be a transit-oriented and mixed-use neighborhood extending the activity of City Center across Bollinger Canyon Road with commercial businesses and diverse housing opportunities.

This would promote infill intensification of the City core within the large parcels that comprise the Bishop Ranch Business Park and focus solely on mixed-use buildout in the area. These parcels are located within a regional employment center, near the City Center Project, and public transit and are, thus, positioned to support higher density, mixed use development.

Refer to Chapter 5, Alternatives, of the Draft EIR for the complete alternatives analysis. The findings, and support for the findings, for the three alternatives, are detailed below.

6.2 Alternative 1: Adopted General Plan Buildout (i.e., “No Project”)
The Adopted General Plan Buildout Alternative (or Alternative 1) assumes that the current land use and zoning designations would not change from the City’s existing, adopted (2035) General Plan.

Current land uses for residential units and non-residential areas would remain unchanged under Alternative 1. Future buildout would continue to follow the current designations from the Adopted General Plan. Compared to the 2040 General Plan, Alternative 1 would result in development of fewer residential units and increased non-residential development, consistent with allowed existing zoning.

Under Alternative 1, VMT per resident in San Ramon would be higher than the Countywide average VMT per resident. Furthermore, changes in VMT per resident and per employee would follow current zoning development standards, which current do not include plans to implement a TDM plan to reduce VMT generated by an individual project. Alternative 1 would have a greater impact related to transportation compared to the 2040 General Plan due to the current lack of plans

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Packet Pg. 184 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
34 towards reducing any future individual project VMT increases. Alternative 1 also would not meet the 2040 General Plan goal to align with the vision smart mandated growth without transportationrelated impacts (specifically VMT) being accounted for or managed. Alternative 1 would not avoid the significant and unavoidable impact related to transportation (operational-related VMT).

In addition, Alternative 1 would result in additional significant and unavoidable impacts related to greenhouse gas emissions and energy, wildfire risk, and land use planning and population growth compared to the 2040 General Plan. Impacts related to aesthetics, air quality, biological resources, cultural resources, and geology/soils, would be greater but remain at a similar significance level as the 2040 General Plan. Impacts related to public services and utilities would also be lesser but remain at a similar significance level as the 2040 General Plan. Impacts related to hydrology/water quality and noise would have a similar significance and impact level as the 2040 General Plan.

Alternative 1 would not meet the plan’s objectives, as it would not increase the residential and community opportunities or facilitate identified needed development in the proposed General Plan area, thus not meeting the current RHNA. Alternative 1 would not allow City departments, other public agencies, and private developers to design projects that will enhance the character of the community, preserve and enhance critical environmental resources, and minimize hazards. It would also not incorporate any of the mitigation or preventative measures that the 2040 General Plan would incorporate.

Finding
Alternative 1 would result in greater VMT impacts and would not avoid the significant and unavoidable VMT impact. Alternative 1 would result in additional significant and unavoidable impacts related to greenhouse gas emissions and energy, wildfire risk, and land use planning and population growth. Alternative 1 would result in greater impacts related to aesthetics, air quality, biological resources, cultural resources, and geology/soils. Furthermore, Alternative 1 would not achieve any of the plan’s objectives.

The City rejects Alternative 1 as infeasible because it would not achieve the objectives of the 2040 General Plan, would not avoid the significant and unavoidable VMT impact, and would result in greater impacts and more significant unavoidable impacts than the 2040 General Plan. The City makes this determination after taking into account economic, legal, social, technological and/or other considerations, including the provision of employment opportunities for highly trained workers.

6.3 Alternative 2: New Infill Mixed Use within the City Core and Additional Retail Shopping Alternative
The New Infill Mixed Use within the City Core and Additional Retail Shopping Alternative (or Alternative 2) would adopt the 2040 General Plan but instead re-designate an approximately 130- acre portion of the Bishop Ranch Business Park from “Office” to “Downtown Mixed Use – South.” The purpose of the Downtown Mixed‐Use, South (DMU‐S) zone is to encourage an integrated transit-oriented and mixed use neighborhood, extending the activity of City Center across Bollinger Canyon Road with shops, offices, and a diversity of housing opportunities set in an urban environment of walkable streets, parks and trails. In addition, 41.4-acres within four existing Mixed Use shopping centers would be re-designated to “Retail Shopping,” and consists of twenty-two (22) parcels.

5.9.a
Packet Pg. 185 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Feasibility of Project Alternatives
Findings of Fact/Statement of Overriding Considerations 35 The re-designated 41.1-acres of Retail Shopping would remove the residential option on these parcels, reducing overall housing unit capacity by 1,243 units. Residential unit yield would be reduced in Crow Canyon Commons shopping center by 654 units, Marketplace shopping center by 266 units, Country Club shopping center by 203 units, and Magnolia Square shopping center by 120 units. However, an existing 1.3 million square feet of office space would be removed from the DMUS to instead incorporate 125,000 square feet (2.9 acres) of new commercial uses and a residential buildout capacity of 2,900 units with approximately 80 percent as multi-family unit, resulting in an overall decrease in non-residential GSF and no net loss of residential capacity. The DMU-S area will allow a density range of 20 to 60 dwelling units per acre with at least 35 percent of the gross site area dedicated to circulation and open space. In addition, these parcels are located within a regional employment center, near the City Center Project, and public transit. Future buildout under Alternative 2 would result in a net change between 2022 and 2040 of 11,812 more residential units and 827,000 less gsf of non-residential land uses. For purposes of the environmental analysis, it was assumed that the San Ramon population net change estimate from 2022 to 2040 would be 30,874, which represents a relative population increase of 4,605 compared to the 2040 General Plan.

Under Alternative 2, a greater amount of residential units and lesser amount of non-residential development would occur compared to the 2040 General Plan. Development under Alternative 2 would be similar to the 2040 General plan buildout, but with 130 acres of the Bishop Ranch Business Park would be re-designated from “Office” to “Downtown Mixed Use – South” (DMU-S). 41.1 acres of existing “Mixed Use” throughout the City would be re-designated to “Retail Shopping” and would consist of retail shopping buildout. Alternative 2 buildout would result in VMT per capita and VMT per employee that would still exceed the impact threshold. Moreover, additional residential units and commercial development would be added to the Bishop Ranch Business Park, which would support higher density, mixed use development. The proximity of residential units to potential job opportunities would potentially lower VMT. However, even with implementation of mitigation to reduce VMT, it is possible that VMT per employee would remain above applicable thresholds.

Therefore, Alternative 2 transportation impacts would be similar but less compared to the 2040 General Plan, but VMT impacts would remain significant and unavoidable.

In addition, compared to the 2040 General Plan, Alternative 2 would have a similar impact level with lesser significance related to cultural resources. However, transportation impacts would remain at a significant and unavoidable impact level. In addition, land use and population impacts would be at an increased significance level, but impacts would still be less than significant. Furthermore, this alternative would also result in a similar impact level with greater significance related to noise, public services, and utilities. Aesthetics, air quality, biological resources, geological resources, wildfire risk, and hydrology/water quality impacts under Alternative 2 would have a significance level similar to the 2040 General Plan. However, this alternative would advance the plan objectives related to smart growth, promoting the City of San Ramon’s vision to reflect the aspirations of the community, and protecting resources.

Finding
As detailed below in Section 6.5, Environmentally Superior Alternative, Alternative 2 is the environmentally superior alternative. Alternative would generally result in overall similar environmental impacts compared to the 2040 General Plan; however, development would be more centralized and result in lesser impacts related to cultural resources, wildfire risk, and transportation. However, VMT impacts would remain significant and unavoidable. Alternative 2 would result in greater impacts related to land use, noise, public services/recreation, and utilities

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Packet Pg. 186 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
36 compared to the 2040 General Plan. Overall, this alternative would advance the plan objectives to outline a vision for San Ramon’s long-range physical and economic development and resource conservation that reflects the aspirations of the community and the smart growth mandate.

The City finds that Alternative 2 is a feasible alternative, and it would result in lesser environmental impacts related to cultural resources, wildfire exposure risk, and transportation and would achieve the plan objectives. In addition, Alternative 2 more effectively addresses some of the nonenvironmental concerns raised by residents related to the low retail vacancy rates and better protects retail development within the City to support existing and expected population growth.

The City makes this determination after taking into account economic, legal, social, technological and/or other considerations, including the provision of employment opportunities for highly trained workers.

6.4 Alternative 3: New Infill Mixed Use within the City Core Alternative
The New Infill Mixed Use within the City Core Alternative (or Alternative 3) would adopt the 2040 General Plan, but instead re-designate approximately 130-acre portion of the Bishop Ranch Business park from “Office” to “Downtown Mixed Use – South.” The existing 1.3 million square feet of office would be replaced with 125,000 square feet of new commercial uses and a residential buildout capacity of 2,900 with approximately 80 percent as multi-family unit. The 130-acre DMU-S area would allow a density range of 20 to 60 dwelling units per acre with at least 35 percent of the gross site area dedicated to circulation and open space. Future buildout would result in a net change between 2022 and 2040 of 13,055 more residential units and 827,000 less gsf of non-residential land uses. For purposes of the environmental analysis, it is assumed that the San Ramon population net change estimate from 2022 to 2040 would be 34,328, which represents a relative population increase of 8,059 compared to the 2040 General Plan.

As stated above, under Alternative 3, a greater amount of residential units and lesser amount of non-residential development would occur compared to the 2040 General Plan. As such, Alternative 3 buildout would result in VMT per capita and per employee that would still exceed thresholds.

Moreover, additional residential units and commercial development would be added to the Bishop Ranch Business Park, which supports higher density, mixed use development. The proximity of residential units to potential job opportunities would potentially lower VMT. However, even with implementation of mitigation to reduce VMT, it is possible that VMT per employee would remain above applicable thresholds. Therefore, while Alternative 3 would have a lesser impact related to transportation (operational-related VMT) impacts, it would not avoid the significant and unavoidable significance level.

In addition, impacts related to wildfire, noise, public services, and utilities would have a greater impact level than the 2040 General Plan, but remain at the same significance levels. However, land use and population impacts would be increased to less than significant with mitigation incorporated.

Furthermore, impacts related to aesthetics, air quality, biological resources, cultural resources, geological resources, greenhouse gas emissions, and hydrological resources would be similar to the 2040 General Plan.

This alternative would satisfy the plan objective to promote the vision of the City of San Ramon’s goal to reflect the aspirations of the community and protect resources. However, this alternative would struggle to support the plan objective that would assist in establishing a basis for judging

5.9.a
Packet Pg. 187 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Feasibility of Project Alternatives
Findings of Fact/Statement of Overriding Considerations 37 whether specific development and projects would be in harmony with General Plan policies and standards, as the increase in residential development impacts would require further planning and further mitigation measures and policies not anticipated by the 2040 General Plan.

Finding
Alternative 3 would generally result in overall similar environmental impacts compared to the 2040 General Plan; however, Alternative 3 would result in lesser impacts related to transportation; however VMT impacts would remain significant and unavoidable. Due to the increase in residential development and thus availability, Alternative 3 would result in greater impacts related to wildfire risk, land use planning, noise, public services/recreation, and utilities. Alternative 3 would not fully meet the plan objectives because it would not fully assist in providing a basis for establishing and setting priorities for detailed plans and programs, as further mitigation measures and policies would be required.

The City rejects Alternative 3 as infeasible because it would not avoid the significant and unavoidable VMT impact and would not fully meet the plan objectives. The City makes this determination after taking into account economic, legal, social, technological and/or other considerations, including the provision of employment opportunities for highly trained workers.

6.5 Environmentally Superior Alternative
The CEQA Guidelines state an EIR shall identify an environmentally superior alternative. If the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives (CEQA Guidelines Section 15126.6(e)(2)).

The New Infill Mixed Use within the City Core and Additional Retail Shopping Alternative (Alternative 2) would result in reduced impacts compared to the New Infill Mixed Use within the City Core Alternative (Alternative 3). Alternative 3 would result in greater impacts related to wildfires and public services, although not to the extent of increasing the significance level, due to the 8,059 population increase under Alternative 3 compared to the 2040 General Plan versus the 4,605 population increase under Alternative 2 compared to the 2040 General Plan. Comparatively, while most Alternative 3 impacts are similar in significance to the 2040 General Plan, Alternative 3 would not meet some plan objectives. Alternative 2 would meet more plan objectives in comparison as well as result in a lesser impact related to cultural resources, although not to the extent of reducing the significance level. In addition, while some of the plan objectives would be met under Alternative 3, comparatively Alternative 2 would further advance plan objectives to outline a vision for San Ramon’s long-range physical and economic development and resource conservation that reflects the aspirations of the community and the smart growth mandate. In addition, Alternative 2 better supports the local concerns related to maintenance and enhancement of retail development within the City.

Overall, of the three alternatives evaluated, the New Infill Mixed Use within the City Core and Additional Retail Shopping Alternative (Alternative 2) would be the environmentally superior alternative. As detailed above, the City finds that Alternative is a feasible alternative that is also environmentally superior, because it would result in lesser environmental impacts related to cultural resources, wildfire exposure risk, and transportation and would achieve the plan objectives.

In conclusion, the City has determined that Alternative 2 is the preferred alternative for 2040 General Plan adoption consideration.

5.9.a
Packet Pg. 188 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
38 5.9.a
Packet Pg. 189 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Significant Irreversible Effects and Growth Inducement
Findings of Fact/Statement of Overriding Considerations 39 7 Significant Irreversible Effects and Growth
Inducement

7.1 Significant Irreversible Effects
CEQA Guidelines Section 15126.2(d) requires a discussion of any significant irreversible environmental changes that would be caused by a project should it be implemented. Such significant irreversible environmental changes may include the following:
• Use of non-renewable resources during the initial and continued phases of the project that would be irreversible because a large commitment of such resources makes removal or nonuse unlikely • Primary impacts and, particularly secondary impacts (such as highway improvements that provide access to a previously inaccessible area) that generally commit future generations to similar uses
• Irreversible damage which may result from environmental accidents associated with the project
CEQA also requires decision-makers to balance the benefits of a project against its unavoidable environmental risks in determining whether to approve a project. This section addresses the use of non-renewable resources, the commitment of future generations to the proposed development and land use changes, and irreversible impacts associated with the development that would be facilitated by implementation of the 2040 General Plan.

Construction activity associated with planned development accommodated under the 2040 General Plan would include the use of building materials and energy, some of which would be nonrenewable resources. Consumption of these resources would occur with any development in the Bay Area region and would not be unique to San Ramon or the 2040 General Plan. The addition of new residential and non-residential development in San Ramon through 2040 would irreversibly increase local demand for non-renewable energy resources such as petroleum and natural gas.

Increasingly efficient building fixtures and automobile engines, as well as implementation of policies included in the 2040 General Plan, are expected to offset the demand for non-renewable energy to some degree. Growth resulting from implementation of the 2040 General Plan is not anticipated to significantly affect local or regional energy supplies.

Growth facilitated by the 2040 General Plan would require an irreversible commitment of City services, water supply, and wastewater treatment. Impacts to public services would be reduced to a less-than-significant level with implementation of policies included in the 2040 General Plan.

Impacts to utilities would be less than significant after mitigation as they relate to construction and operation of utility infrastructure for development facilitated by the 2040 General Plan.

Growth through 2040 associated with the 2040 General Plan would incrementally increase local VMT (VMT), noise levels, and regional air pollutant and greenhouse gas emissions. Implementation of the 2040 General Plan policies, regional air pollution programs, and mitigation measures would reduce the air pollutant and greenhouse gas emissions associated with individual future development projects. Implementation of the 2040 General Plan policies, historical resources regulations, and mitigation measures would be reduced to below significant thresholds.

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Packet Pg. 190 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
40 Implementation of the 2040 General Plan policies and mitigation measures would reduce the noise impacts associated with future growth to a less-than-significant level. The policies in the 2040 General Plan and mitigation measures would reduce many transportation impacts to a less-thansignificant level; however, changes in land use and population growth facilitated by the proposed plan would reduce vehicles miles traveled (VMT) per capita; however, VMT per capita would still exceed thresholds, resulting in significant and unavoidable traffic impacts.

7.2 Growth Inducement
Section 15126(d) of the CEQA Guidelines requires a discussion of a proposed project’s potential to foster economic or population growth, including ways in which a project could remove an obstacle to growth. Growth does not necessarily create significant physical changes to the environment.

However, depending upon the type, magnitude, and location of growth, it can result in significant adverse environmental effects. A proposed project’s growth inducing potential is therefore considered significant if project-induced growth could result in significant physical effects in one or more environmental issue areas.

The buildout anticipated under the 2040 General Plan could accommodate an estimated 26,269 new residents and 10,155 net new dwelling units in San Ramon. With the estimated growth under the 2040 General Plan, San Ramon would have a 2040 population of 110,089. Additionally, the Association of Bay Area Governments estimates that San Ramon would have an additional 17,775 jobs by 2040 for a total of 71,775 within San Ramon. Note that these growth assumptions are conservative and unlikely to come to complete fruition.

It is anticipated that buildout under the 2040 General Plan would directly support the population growth and subsequent housing needs within San Ramon’s projected growth estimates. Since much of San Ramon is currently developed and used for residential, commercial, and various other uses, implementation of the 2040 General Plan would largely entail the development of vacant and underutilized parcels throughout San Ramon. The 2040 General Plan aims to intensify and densify development within the 2040 General Plan area to accommodate anticipated population growth and housing needs within San Ramon. Proposed 2040 General Plan land use and planning policies aim to provide guidance for orderly development while balancing the land use needs for housing, residential and commercial services, civic needs, and jobs.

It is the specific purpose of the 2040 General Plan to guide growth and development in San Ramon such that infill development would be prioritized, and open space areas would be preserved and enhanced. Therefore, by its nature, the 2040 General Plan is intended to reduce the potential for uncontrolled growth and associated environmental impacts. For the reasons discussed above, implementation of the 2040 General Plan would not lead to direct or indirect growth impacts beyond what is anticipated and planned for by San Ramon.

Much of San Ramon is developed, and the 2040 General Plan encourages infill development to meet San Ramon’s anticipated population and employment growth and housing needs. Although development of some vacant land within San Ramon could require new utility connections, new development is anticipated to occur where existing roads, water, parking lots, and sewer and other utilities are in place and in a manner that minimizes the impact of development on existing infrastructure and services. Major infrastructure extensions are not envisioned due to the level of existing development within San Ramon, and improvements would be primarily limited to the replacement and/or upgrade of aging facilities and enhancement of existing infrastructure as needed on a future project-by-project basis. All new development envisioned as part of the 2040

5.9.a
Packet Pg. 191 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Significant Irreversible Effects and Growth Inducement
Findings of Fact/Statement of Overriding Considerations 41 General Plan would occur within the San Ramon Planning Area (i.e., the General Plan area).

Therefore, because new development would use existing facilities and major infrastructure extensions would not occur, the 2040 General Plan would not remove obstacles to unplanned growth within San Ramon.

5.9.a
Packet Pg. 192 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
42 8 Statement of Overriding Considerations
CEQA requires the decision-making agency to balance the benefits of a project against its significant unavoidable impacts when determining whether to approve a project. If the benefits of the project outweigh its unavoidable adverse environmental effects, those effects may be considered acceptable (CEQA Guidelines Section 15093(a)). CEQA requires the agency to state in writing the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Draft EIR, Final EIR, or elsewhere in the administrative record (CEQA Guidelines Section 15093(b)). The 2040 General Plan, as proposed, could result in significant unavoidable impacts related to transportation (project-level and cumulative VMT). These significant unavoidable impacts are identified and discussed in Section 5 of these Findings.

The City adopts and makes this Statement of Overriding Considerations regarding the significant unavoidable impacts and anticipated benefits of the 2040 General Plan. The City finds and determines that the majority of the 2040 General Plan impacts will be reduced to acceptable levels through implementation of the policies set forth in the self-mitigating 2040 General Plan. The City further finds that each of the benefits set forth below in this Statement of Overriding Considerations constitutes a separate and independent ground for finding that the benefits of the 2040 General Plan outweigh the risks of the potential significant adverse environmental impacts. The benefits of the 2040 General Plan, which constitute the specific economic, legal, social, technological and other considerations that justify the approval of the 2040 General Plan are as follows:
 The 2040 General Plan updates outdated policies in a manner that meets current State legal requirements for General Plans.
 The 2040 General Plan would amend the existing Zoning Ordinance to ensure compatibility with the General Plan and to allow for development intensities and uses that are consistent with the General Plan.
 The 2040 General Plan brings the General Plan up to date in response to latest State and regional plans and regulations related to housing, climate-related hazards, emergency evacuation routes and access, water supply, and mobility.  The 2040 General Plan provides a more user-friendly document that will make use of the General Plan easier for decision makers, staff, and the public.  The 2040 General Plan would focus new growth inward through the intensification of land use density by encouraging infill and redevelopment projects within the existing urban areas, thus minimizing pressure to develop within the remaining open space in San Ramon.  The 2040 General Plan would encourage infill development to meet San Ramon’s anticipated population growth and housing needs.
 The 2040 General Plan would meet the objectives of the State of California by preserving and creating affordable housing in proximity to jobs for those employed in Contra Costa County.
 The 2040 General Plan outlines a vision for San Ramon’s long-range physical development and resource conservation. The 2040 General Plan provides strategies and specific implementing actions that will allow this vision to be accomplished.

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Packet Pg. 193 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Statement of Overriding Considerations
Findings of Fact/Statement of Overriding Considerations 43  The 2040 General Plan establishes a basis for judging whether specific development proposals and public projects are in harmony with the General Plan policies and standards.  The 2040 General Plan would allow City departments, other public agencies, and private developers to design projects that would enhance the character of the community, preserve and enhance critical environmental resources, and minimize hazards.  The 2040 General Plan would provide the basis for establishing and setting priorities for detailed plans and implementing programs, such as the Zoning Ordinance, the Capital Improvement Program (CIP), Climate Action Plan, specific plans, etc.  The 2040 General plan was shaped by an extensive public outreach process that engaged the community and decision-makers. The City hosted a series of Planning Commission study sessions, public workshops, and public hearings on the 2040 General Plan. The 2040 General Plan developed with all this public input and consideration and represents the desires of the community as a whole in shaping the future of the City.  Alternative 2 meets the above objectives and provides the additional support requested by the residents of the City to protect and enhance retail development within the City in order to better serve current and anticipated population growth and provide to a sturdy economic footprint.

On balance, the City finds that there are specific considerations associated with the 2040 General Plan that serve to override and outweigh the 2040 General Plan’s significant unavoidable effects.

Therefore, pursuant to CEQA Guidelines Section 15093(b), these adverse effects are considered acceptable.

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Packet Pg. 194 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon
2040 General Plan
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Packet Pg. 195 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General EXHIBIT 2
SAN RAMON 2040 GENERAL PLAN PROJECT

FINAL ENVIRONMENTAL IMPACT REPORT
SCH No. 2022060549
Introduction
Final Environmental Impact Report-Response to Comments
(dated November 2, 2023)
Mitigation Monitoring and Reporting Program (dated November 2, 2023) Final Environmental Impact Report-Errata to DEIR (dated November 2, 2023) Draft Environmental Impact Report and associated Appendices (dated August 30, 2023, previously provided to Planning Commission and City Council and incorporated by reference)

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Packet Pg. 196 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon Introduction
2040 General Plan
Final Environmental Impact Report 1-1
Introduction
In accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15088, the City of San Ramon has evaluated the comments received on the San Ramon 2040 General Plan Draft Environmental Impact Report (EIR). The responses to the comments and errata, which are included in this document – together with the Draft EIR, the Draft EIR appendices, and the Mitigation Monitoring and Reporting Program – form the Final EIR for use by the City of San Ramon in its review.

This document is organized into three chapters:
 Chapter 1 – Introduction
 Chapter 2 – Responses to Comments. Provides a list of the agencies, organizations, and individuals who provided written comments on the Draft EIR. Copies of all of the letters received regarding the Draft EIR and responses thereto are included in this section.  Chapter 3 – Errata. Lists refinements to and clarifications on the Draft EIR.

The Final EIR includes the following contents:
 Draft EIR (provided under separate cover)
 Draft EIR appendices (provided under separate cover)
 Responses to Comments on the Draft EIR and Errata (Chapters 2 and 3 of this document)  Mitigation Monitoring and Reporting Program (provided under separate cover) Environmental Review Process
Pursuant to the California Environmental Quality Act (CEQA), lead agencies are required to consult with public agencies having jurisdiction over a proposed project and to provide the general public with an opportunity to comment on the Draft EIR.

The City of San Ramon distributed a Notice of Preparation (NOP) of the programmatic EIR for a 32- day agency and public review period commencing June 24, 2022 and public comment closed on July 25, 2022. In addition, the City held a hybrid in-person/virtual Scoping Meeting on July 5, 2022. The meeting was aimed at providing information about the proposed plan to members of public agencies, interested stakeholders and residents/community members, and at receiving comments on the scope and content of the EIR.

The Draft EIR was made available for public review for a 48-day comment period that began on August 30, 2023 and ended on October 16, 2023. The Notice of Availability of a Draft EIR was posted with the County Clerk, sent to the State Clearinghouse, and posted on the City’s website.

The City received written comment letters on the Draft EIR from three agencies, two organizations, and five individual commenters. Copies of written comments are included in Chapter 2 of this document.

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Packet Pg. 197 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon Introduction
2040 General Plan
Final Environmental Impact Report 1-2
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Packet Pg. 198 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon Responses to Comments
2040 General Plan
Final Environmental Impact Report
Responses to Comments
This Final Environmental Impact Report (EIR) chapter includes comments received during the public circulation of the Draft EIR prepared for the City of San Ramon 2040 General Plan as well as responses to such comments.

The Draft EIR was circulated for a 48-day public review period that began on August 30, 2023 and ended on October 16, 2023. The City of San Ramon received seven written comment letters on the Draft EIR as well as four verbal comments on the Draft EIR during the September 19, 2023 Draft EIR Public Meeting. Agency letters that were received are labeled with an “A” and numbered in the order they were received. Comment letters received from organizations are labeled with a “O” and numbered in the order they were received. Comment letters received from individual persons are labeled with a “P” and numbered in the order they were received. The comment identification label as well commenters’ names/associations and the dates comment letters were received are listed below.

Letter ID and Commenter Name/Association Date Received
Agency Letters
A1 Brian Olson, California Geologic Society 09/21/23
A2 Constantin Raether, California Office of Emergency Services 09/29/23 A3 Yunsheng Luo, California Department of Transportation 10/13/23 Organization Letters
O1 Paul Krupka, Krupka Consulting 10/16/23
O2 Ariel Strauss, Greenfire Law 1 10/16/23
O3 Ariel Strauss, Greenfire Law 2 (verbally received during Draft EIR public mtg) 09/19/23 Individual Person Letters
P1 Sue Bock 10/3/23
P2 Wendy 10/11/23
P3 Call-in User 1 (verbally received during Draft EIR public mtg) 09/19/23 P4 Jim Blickenstaff (verbally received during Draft EIR public mtg) 09/19/23 P5 Vice Chair Kuznik (verbally received during Draft EIR public mtg) 09/19/23 The comment letters and responses follow. The comment letters have been numbered sequentially, and each separate issue raised by the commenter has been assigned a number. The responses to each comment identify first the number of the comment letter, and then the number assigned to each issue (Response A1-1, for example, indicates that the response is for the first issue raised in comment Letter A1).

In some cases, specific changes to the text of the Draft EIR have been made in response to comments received. In no case do these revisions result in a greater number of impacts or impacts of a substantially greater severity than those set forth in the Draft EIR. Where revisions to the Draft EIR text are called for, the page and paragraph are set forth, followed by the appropriate revision.

Added text is indicated with underlined and deleted text is indicated with strikeout. Page numbers correspond to the page numbers of the Draft EIR. Revisions to the Draft EIR are included in Section 3, Errata, of this Final EIR.
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Packet Pg. 199 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General From: Olson, Brian@DOC <[email protected]> Sent: Thursday, September 21, 2023 2:06 PM
To: Planning Services (public) <[email protected]> Cc: OLRA@DOC <[email protected]>; OPR State Clearinghouse <[email protected]>; Gomez, DarylAnne@DOC <[email protected]> Subject: San Ramon 2040 General Plan
SCH Number
2022060549
Lead Agency
City of San Ramon
Document Title
San Ramon 2040 General Plan
Document Type
EIR - Draft EIR
Received
8/30/2023
Document Description
As part of a comprehensive planning process, the City of San Ramon proposes to adopt an update to the San Ramon General Plan, including eleven respective General Plan elements, amendment to the San Ramon Village Specific Plan, repeal of the North Camino Ramon Specific Plan, and the San Ramon Zoning Code update. The 2040 General Plan elements include: Land Use; Housing; Traffic and Circulation; Safety; Open Space and Conservation; Parks and Recreation; Public Facilities and Utilities; Noise, Air Quality and GHG Emissions, Growth Management, and Economic Development.

Hello, Cindy—
Thank you for providing the City’s Draft EIR for the 2040 General Plan for our review. This email conveys the following recommendations from CGS concerning geologic issues within the General Plan documents:

1. Liquefaction and Landside Hazards
• The Draft EIR discusses both liquefaction and landsliding as potential seismic hazards and provides maps of "Liquefaction Potential" (Figure 3.5-4) and "Landslide Susceptibility" (Figure

3.5-5). The liquefaction potential map appears to depict liquefaction susceptibility based on USGS mapping and the landslide map uses existing CGS Landslide Inventory mapping. The City should be aware that new Earthquake Zones of Required Investigation (EZRI) for liquefaction and earthquake-induced landsliding for the Diablo Quadrangle, which covers the northern portion of the City, will be officially available on February 22, 2024. The City should provide a discussion of EZRIs and include a map of these zones within the General Plan area. • FYI: New seismic hazard zones for liquefaction and landsliding within the Contra Costa County portion of the Dublin Quadrangle (including the southern portion of the City) are in-progress and should be preliminarily available by summer 2024. When they are available, the zones will be posted online at the websites below.
• CGS seismic hazard zone maps and data are available here:

Letter A1
A1-1
A1-2
A1-3
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Packet Pg. 200 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General https://maps-cnra-cadoc.opendata.arcgis.com/datasets/cadoc::cgs-seismic-hazards-programliquefaction-zones-1/about https://maps-cnra-cadoc.opendata.arcgis.com/datasets/cadoc::cgs-seismic-hazards-programlandslide-zones-doc-hosted/about https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=regulatorymaps https://maps.conservation.ca.gov/cgs/EQZApp/app/
• Cities and counties affected by EZRI must regulate certain development projects within them. The Seismic Hazards Mapping Act (1990) also requires sellers of real property (and their agents) within a mapped hazard zone to disclose at the time of sale that the property lies within such a zone.

2. Fault Rupture Hazards
• The City has a map depicting the locations of Alquist-Priolo Earthquake Fault traces (Figure 3.5- 3). They should consider adding the Zones of Required Investigations around these fault traces to this map.
• The DEIR states the Alquist-Priolo Earthquake Fault Zoning Act "requires geologic/seismic studies of most proposed development within 50 feet of the zone" (page 3.5-18). This statement is incorrect. The A-P EFZ Act requires fault investigation studies for proposed buildings for human occupancy anywhere within the zone. The City should consider updating the DEIR anywhere that the Act is referenced and described.
• A CGS map that is continually updated with fault traces and zones is available here:
https://maps.conservation.ca.gov/cgs/EQZApp/app/
Please let me know if you have any questions.
@CAgeosurvey
FOLLOW US!
Brian Olson, CEG
Senior Engineering Geologist
Seismic Hazards Program
California Geological Survey
320 W. 4th Street, Suite 850, Los Angeles, CA 90013
M: (213) 507-1080
E: [email protected]
“A team is not a group of people who work together.

A team is a group of people who trust each other.” – Simon Sinek CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure is prohibited and may violate applicable laws, including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

A1-3
A1-4
A1-5
A1-6
A1-7
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5.9.a
Packet Pg. 201 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon Responses to Comments
2040 General Plan
Final Environmental Impact Report
Letter A1
COMMENTER: Brian Olson, Senior Engineering Geologist California Geologic Society DATE: September 21, 2023
Response A1-1
The commenter states that that liquefaction potential maps (figures 3.5-4 and 3.5-5) in Section 3.5, Geology and Soils, of the Draft EIR appear to depict liquefaction susceptibility based on United States Geologic Survey (USGS) mapping and the landslide susceptibility is based on existing California Geologic Survey (CGS) Landslide Inventory mapping. The comment states the Draft EIR should include a discussion and maps of the new Earthquake Zones of Required Investigation (EZRI) for liquefaction and earthquake-induced landsliding for the Diablo Quadrangle which will be available on February 22, 2024.

The City acknowledges that new liquefaction and landslide maps for the Diablo Quadrangle will be available in February 2024. The analysis in the Draft EIR was based on the most current information available at the time the Notice of Preparation was circulated for public review in June 2022. The maps referenced by the commenter are not available for inclusion in the Final EIR because they will not be available until February 2024. Therefore, no revisions to the Draft EIR are required in response to this comment. However, individual development projects within the City would undergo development review, at which time project design and analysis of impacts related to geology and soils would consider the most current landslide and liquefaction maps.

Response A1-2
The commenter states that new seismic hazard zones for liquefaction and landsliding for the Dublin Quadrangle will be preliminarily available by summer 2024.

The City acknowledges that new liquefaction and landslide maps for the Dublin Quadrangle will be available in February 2024. As discussed in Response A1-1, the most current liquefaction and landslide maps will be considered during the design and environmental review of individual development projects. No revisions to the Draft EIR are required in response to this comment.

Response A1-3
The commenter provides links to the CGS seismic hazard zone maps.

The City acknowledges the CGS seismic hazard zone maps provided by the commenter. This comment does not contain a substantive comment on the analysis or conclusions in the Draft EIR.

No further response is required.

Response A1-4
This comment states that cities and counties must regulate development projects within EZRI zones and that property sellers must disclose that a property is with in an EZRI zone.

This comment does not contain a substantive comment on the analysis or conclusions in the Draft EIR. No further response is required.
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5.9.a
Packet Pg. 202 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon Responses to Comments
2040 General Plan
Final Environmental Impact Report
Response A1-5
The commenter states that the Draft EIR incorrectly states that the Alquist-Priolo Earthquake Fault Zoning Act requires geologic/seismic studies of most proposed development within 50 feet of the zone. The commenter states that investigation studies are required for all proposed buildings for human occupancy anywhere within the zone.

This comment is acknowledged. In response to this comment, the following revision has been made to Section 3.5, Geology and Soils, Pages 3.5-18 and 3.5-19 of the Draft EIR:

The Alquist-Priolo Earthquake Fault Zoning Act regulates development near the surface traces of active faults to mitigate the hazard of surface fault rupture. Essentially, this Act contains two requirements: (1) it prohibits the location of most structures for human occupancy across the trace of active faults; and (2) it establishes Earthquake Fault Zones and requires geologic/seismic studies of most proposed development of buildings for human occupancy within 50 feet of the zone. The Earthquake Fault Zones are delineated and defined by the State Geologist and identify areas where potential surface rupture along a fault could occur. The nearest Alquist-Priolo Earthquake Fault Zone is located along the Calaveras Fault to the west of I-680 in the western portion of San Ramon and extends in a north to south direction.

Response A1-6
The commenter requests that the Zones of Required Investigations around the Alquist-Priolo Earthquake Fault Traces be added to Figure 3.5-3 in Section 3.5, Geology and Soils, of the Draft EIR.

As stated by the commenter in Comment A1-5, and stated on Pages 3.5-18 in Section 3.5, Geology and Soils, of the Draft EIR, the required area for geologic/seismic studies is within 50 feet of an Alquist-Priolo Earthquake Fault Zone. The Calaveras Fault, an Alquist-Priolo Earthquake Fault Zone, is located in the western portion of San Ramon to the west of I-680. The addition of a 50-foot “Required Investigation Zone” around this fault would not be legible at the scale of Figure 3.5-3. In addition, the discussion on Pages 3.5-18 of Draft EIR discloses that geologic/seismic studies within 50 feet of an Alquist-Priolo Earthquake Fault Zone. No revisions to the Draft EIR are required in response to this comment.

Response A1-7
The commenter provides a link to the CGS fault maps.

The City acknowledges the CGS fault maps provided by the commenter. This comment does not contain a substantive comment on the analysis or conclusions in the Draft EIR. No further response is required.
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Packet Pg. 203 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General From: Raether, Constantin@CalOES <[email protected]> Sent: Friday, September 29, 2023 2:12 PM
To: Cindy Yee <[email protected]>
Cc: Boemecke, Wendy@CalOES <[email protected]>; CalOES Mitigation Planning <[email protected]>; LaMar-Haas, Victoria@CalOES <Victoria.LaMar[email protected]> Subject: City of San Ramon Safety Element Update
Good afternoon,
The California Governor’s Office of Emergency Services (Cal OES) Local Hazard Mitigation Planning Team has taken the time to review the proposed updates/changes to your General Plan. Government Code 65302(g)(8) states “before preparing or revising its Safety Element, each city and county shall consult…. the Office of Emergency Services for the purpose of including information known by and available to the department.”
The Cal OES Local Hazard Mitigation Planning Team reviews and compares your current Safety Element hazards against those listed in the most recent Federal Emergency Management Agency (FEMA) approved Contra Costa County Multi-Jurisdictional Local Hazard Mitigation Plan (MJLHMP).

Our office has reviewed your proposed Safety Element and found no substantive changes to your hazard profiles when compared against the most recent FEMA approved Contra Costa County MJLHMP. Our office has no further comments at this time.

Should you need further assistance or have questions please email our team at [email protected].

Constantin Raether, Environmental Planner
Local Mitigation Planning | Recovery Directorate
California Governor’s Office of Emergency Services
Office: (916) 328-7778
Cell: (916) 715-9408
www.caloes.ca.gov/HMGP
Letter A2
A2-1
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5.9.a
Packet Pg. 204 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General City of San Ramon Responses to Comments
2040 General Plan
Final Environmental Impact Report
Letter A2
COMMENTER: Constantin Raether, Environmental Planner, California Governor’s Office of Emergency Services
DATE: September 29, 2023
Response A2-1
The commenter states that the Office of Emergency Services has reviewed the Safety Element and found no substantive changes to the hazard profiles when compared against the Consta Costa County Multi-Jurisdictional Local Hazard Mitigation Plan.

This comment is acknowledged. The comment pertains to the 2040 General Plan and not the Draft EIR. The comment does not contain a substantive comment on the analysis or findings of the Draft EIR, and no further response is required.
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5.9.a
Packet Pg. 205 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General “Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov
October 13, 2023 SCH #: 2022060549
GTS #: 04-CC-2022-00714
GTS ID: 26840
Co/Rt/Pm: CC/680/VAR
Cindy M Yee, Senior Planner
City of San Ramon
7000 Bollinger Canyon Road
San Ramon, CA 94583
Re: San Ramon 2040 General Plan – Draft Environmental Impact Report (DEIR) Dear Cindy M Yee:

Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the San Ramon 2040 General Plan. We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system.

The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the August 2023 DEIR.

Project Understanding
The proposed project is to adopt an update to the San Ramon General Plan, including eleven respective General Plan elements, amendment to the San Ramon Village Specific Plan, repeal of the North Camino Ramon Specific Plan, and the San Ramon Zoning Code update. The 2040 General Plan would provide the framework for development up to 10,155 net new residential units and up to 347,339 new nonresidential gross square feet. This project area is bisected by I-680.

Travel Demand Analysis
With the enactment of Senate Bill (SB) 743, Caltrans is focused on maximizing efficient development patterns, innovative travel demand reduction strategies, and multimodal improvements. For more information on how Caltrans assesses Transportation Impact Studies, please review Caltrans’ Transportation Impact Study Guide (link).

Letter A3
A3-1
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Packet Pg. 206 Attachment: A. Resolution No. 2023-132, certifying the San Ramon General Plan 2040 EIR, with Exhibits 1 through 3 (2023-42 : Draft General Cindy M. Yee, Senior Planner
October 13, 2023

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San Ramon City CouncilDecember 12, 2023

San Ramon City Council
December 12, 2023