San Ramon City Council
August 12, 2025

CITY COUNCIL AGENDA
August 12, 2025

WE PROVIDE EFFICIENT DELIVERY OF QUALITY PUBLIC SERVICES THAT ARE

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

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

1. CALL TO ORDER/ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda

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

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

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

During public comment, members of the public are permitted to address the City Council only on the following:
 Any non-agenda item relating to the business of the City Council. 2 City Council Meeting – August 12, 2025
 Items that are on the Consent Calendar, including requests to pull an item from the consent calendar and the reason why you wish to pull the item or items. Please note that the decision to remove the item from the Consent Calendar is strictly at the discretion of the City Council.
 Requests for Future Agenda Items.
 Special Presentation Items under Section 6 of tonight’s Agenda.  Items that are not on the agenda and are within the City Council’s jurisdiction.

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

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

5.1 Minutes of the City Council Regular Meeting – July 22, 2025 Recommendation: Accept Minutes

5.2 Resolution No. 2025-092 - Authorizing the Resolution to Tax Defer Member Paid Contributions to the California Public Employees’ Retirement System (CalPERS) – IRC 414(H)2 Employer Pick-Up
Recommendation: Approve Resolution No. 2025-092

5.3 Resolution No. 2025-093 - Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with Frontier Energy, Inc. (C2023-064) for Fleet Electrification Consulting Services as Part of the Zero Emission Fleet Study (CIP 400008), Extending the Contract Term through June 30, 2027
Recommendation: Approve Resolution No. 2025-093

5.4 Resolution No. 2025-094 - Authorizing the Mayor to Execute an Agreement with Carollo Engineers, Inc. to Assess the Current Condition of the Storm Drain System for the Storm Drain Infrastructure Study Project (CIP 915548-L) Part of the Citywide Drainage Infrastructure Repairs Project (CIP 915548) in an Amount Not to Exceed $191,321
Recommendation: Approve Resolution No. 2025-094
3 City Council Meeting – August 12, 2025

5.5 Resolution No. 2025-095 - Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with DeSilva Gates Construction LLC (C2022-019) for the Crow Canyon Road Widening Project (CIP 905312 and 905328) for an Additional Amount of $399,000, for a Total Not to Exceed Amount of $14,695,956, and Accepting the Work by DeSilva Gates Construction LLC for Construction of the Crow Canyon Road Widening Project (CIP 905312 and 905328) as Complete and Authorizing the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office Recommendation: Approve Resolution No. 2025-095

5.6 Resolution No. 2025-096 - Accepting Certain Dedications and Landscape Improvements for Maintenance in Subdivisions 9297, 9298, 9299, and 9341 (Shapell Industries, Inc./Toll Brothers)
Recommendation: Approve Resolution No. 2025-096

5.7 Resolution No. 2025-097 - Authorizing the Mayor to Execute an Agreement with PlaceWorks, Inc. for Architectural Design and Consulting Services for the Crow Canyons Gardens Facilities Improvements Project (CIP 955421), in an Amount Not to Exceed $798,380 through June 30, 2027
Recommendation: Approve Resolution No. 2025-097

5.8 Resolution No. 2025-098 - Authorizing the City Manager to Execute a Purchase Order with Motorola Solutions, Inc. in an Amount Not to Exceed $530,000 for Replacement Portable Radios
Recommendation: Approve Resolution No. 2025-098

5.9 Resolution No. 2025-099 - Authorizing the Mayor to Execute a Two-Year Memorandum of Understanding with the San Ramon Valley Unified School District for Crossing Guard Services Beginning July 1, 2025 and Ending June 30, 2027 for an Annual Amount of $135,205 Not to Exceed a Total Cumulative Amount of $270,410
Recommendation: Approve Resolution No. 2025-099

6. SPECIAL PRESENTATIONS

6.1 Proclamation Recognizing Debbie Chamberlain for her 25 Years of Service to the City.

Introduction by City Manager Steven Spedowfski. Presentation by City Council.

7. DEFERRED CONSENT ITEMS

8. UNFINISHED BUSINESS

8.1 Determination of Planning Commission Applicants to Interview Recommendation: Provide Direction to Staff
Staff report by Christina Franco, City Clerk
4 City Council Meeting – August 12, 2025

9. NEW BUSINESS

9.1 MCE Community Choice Energy Annual Update
Introduction by Brian Bornstein, Public Works Director. Presentation by Sebastian Conn, MCE Senior Community Development Manager and Laura Wehrley, MCE Community Development Manager

9.2 Public Hearing: Resolution No. 2025-100 - Pursuant to Streets and Highways Code Section 8324 - Consideration of Vacation of the Relinquishment of Abutter’s Rights in Lot 5 of Subdivision 4583, Commonly Known as 9000 Alcosta Boulevard, Associated with the Aspenwood Apartments Project (Housing on Merit XXII LLC)
Recommendation: Receive the Staff Report; Open the Public Hearing, Take Public Testimony, Close the Public Hearing and After Discussion, Approve Resolution No. 2025-100
Staff Report by Rod Wui, City Engineer

9.3 Public Hearing: Ordinance (Next In Line) Approving the Development Agreement by and Between the City of San Ramon and Sunset Development Company Relative to the Development Known as the Bishop Ranch Bishop Ranch Affordable Housing Site (Bishop Ranch Affordable Housing Site Development Agreement)
Recommendation: Receive the Staff Report; Open the Public Hearing, Take Public Testimony, Close the Public Hearing and After Discussion, Introduce the Ordinances, Waive the Reading, and Set September 9, 2025 for Adoption.

Staff Report by Lauren Barr, Planning Services Division Manager

9.4 Public Hearing: Ordinances (Next In Line) CityWalk Development Agreement Amendments for Bishop Ranch 1A (DAA 2025-0001) and Bishop Ranch 3A (DAA 2025-0002)
Recommendation: Receive the Staff Report; Open the Public Hearing, Take Public Testimony, Close the Public Hearing and After Discussion, Introduce the Ordinances, Waive the Reading, and Set September 9, 2025 for Adoption Staff Report by Lauren Barr, Planning Services Division Manager

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: August 8, 2025
5 City Council Meeting – August 12, 2025
HOW TO VIEW OR PARTICIPATE IN THE MEETING:

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

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

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

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

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

TO VIEW OR LISTEN ONLY
As a courtesy and technology permitting, the public will have the opportunity to view the meeting via one-way feed by the options below. However, the City cannot guarantee that the public’s remote access to any meeting will be uninterrupted, and technical difficulties may occur from time to time. In those instances, so long as the public may still attend the meeting in person, the meeting will continue. Members of the public desiring to provide comments as a part of the meeting are encouraged to either submit written comments prior to the meeting or to attend the meeting in person.
a. Zoom: https://cityofsanramon.zoom.us/j/95268175124
Webinar ID: 952 6817 5124
b. Zoom Phone Numbers: +1 (669) 900-6833
c. The City’s YouTube Channel: www.sanramon.ca.gov/YouTube Regular City Council meetings are broadcast on Contra Costa Television (CCTV) (Channel 27) on Wednesdays at 7:00 p.m. and Thursdays at 1:00 p.m. immediately following the meeting. Regular City Council meetings are also broadcast on AT&T U-Verse (Channel 99).

ATTENDEE CONDUCT
There will be zero tolerance for any person addressing the Council making profane, offensive and disruptive remarks, or engaging in loud, boisterous, or other disorderly conduct, that disrupts the orderly conduct of the public meeting.

Specifically, it is important for all speakers to adhere to the following guidelines for participation in this meeting:
a. No profanity or obscenity.
b. Refrain from personal threats or attacks.
c. Refrain from hateful epithets and demeaning language based on any person’s race, religion, sexual orientation, ethnicity, gender, or disability.
d. Respect all people that are present or watching.

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

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

MINUTES OF THE

CITY OF SAN RAMON

CITY COUNCIL MEETING
July 22, 2025

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

Attendee Name Title Status
Mark Armstrong Mayor Present
Sridhar Verose Vice Mayor Present
Richard Adler Councilmember Present
Robert Jweinat Councilmember Present
Marisol Rubio Councilmember Present
Also in attendance; City Manager Steven Spedowfski, City Attorney Martin Lysons, City Clerk Christina Franco, Parks and Community Services Director Henry Perezalonso, Community Development Director Debbie Chamberlain, and Supervising Inspector Josh DeMello.

2. PLEDGE OF ALLEGIANCE

3. ANNOUNCEMENTS

3.1 Changes and Additions to the Agenda
The City Clerk announced that there has been one change to the agenda for this evening.

Agenda Item 9.1 MCE Community Choice Energy Annual Update will not be heard this evening and has been deferred to a future City Council meeting.

4. PUBLIC COMMENT
Public comment is received from Santhosh Kanjula, Taiwain is not a part of China, Chirag Kathrani, and Mihika Ramanan.

5. CONSENT CALENDAR
Vice Mayor Verose's motion to approve consent calendar items 5.1-5.7 was seconded by Cm. Rubio. The motion passed 5-0-0-0.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sridhar Verose, Vice Mayor
SECONDER: Richard Adler, Marisol Rubio
AYES: Armstrong, Verose, Adler, Jweinat, Rubio

5.1 Minutes of the City Council Regular Meeting - July 8, 2025 Recommendation: Approve Minutes

5.1 Packet Pg. 7
Minutes Acceptance: Minutes of Jul 22, 2025 7:00 PM (CONSENT CALENDAR) 2 City Council Meeting – July 22, 2025

5.2 Register of Demands as Presented by the City Treasurer (Period Ending June 30, 2025)
Recommendation: Approve Register of Demands

5.3 City of San Ramon Quarterly Investment Report for the Period Ending June 30, 2025
Recommendation: Approve Quarterly Investment Report

5.4 Resolution No. 2025-085 - Approve the Statement of Investment Policy for Fiscal Year 2025-26
Recommendation: Approve Resolution No. 2025-085

5.5 Resolution No. 2025-086 - Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with Knorr Systems, Inc. (C2021-047) for Aquatic Equipment Repair Services, Increasing the Contract by $50,000 for a Revised Total Cumulative Amount Not to Exceed $150,000 through June 30, 2026, and Appropriate $15,000 from the Park Development Fund (209) to the Fountain Repairs and Replacement Project (CIP 955478) for the Replacement of the Ultraviolet Disinfection Generator at the Amador Rancho Splash Pad Recommendation: Approve Resolution No. 2025-086

5.6 Resolution No. 2025-087 - Repealing and Replacing Resolution No. 2002-048 Amending the Permit Parking Along Mangos Drive to Accommodate the TRAFFIX School Bus Stop
Recommendation: Approve Resolution No. 2025-087

5.7 Resolution No. 2025-088 - Authorizing the Mayor to Execute an Agreement with Frank and Grossman Landscape Contractors, Inc. for Landscape Maintenance Services for an Initial Five-Year Term Beginning on July 1, 2025, and Ending June 30, 2030, with the Option to Renew the Agreement Up to Five (5) Succeeding One-Year Terms and in an Amount Not to Exceed $9,280,335, and Repealing Resolution No. 2025-045
Resolution No. 2025-089 - Authorizing the Mayor to Execute an Agreement with New Image Landscape Company for Landscape Maintenance Services for an initial Five-Year Term Beginning on July 1, 2025, and Ending June 30, 2030, with the Option to Renew the Agreement for Up to Five (5) Succeeding One-Year Terms and in an Amount Not to Exceed $3,117,093, and Repealing Resolution No. 2025-046
Recommendation: Approve Resolution Nos. 2025-088 and 2025-089

6. SPECIAL PRESENTATIONS

6.1 Welcoming Henry Perezalonso as the new Parks and Community Services Director.

5.1 Packet Pg. 8
Minutes Acceptance: Minutes of Jul 22, 2025 7:00 PM (CONSENT CALENDAR) 3 City Council Meeting – July 22, 2025

7. DEFERRED CONSENT ITEMS

8. UNFINISHED BUSINESS

8.1 Resolution No. 2025-090 - Confirming Building and Safety Services Division Statement of Expenses for Unpaid Fees and Fines and Directing the City Clerk to Forward a Certified Copy of This Resolution to the Office of the AuditorController of Contra Costa County Recommendation: Receive the Staff Report, Conduct the Public Hearing, Consider any Protest or Objections, Make Revisions or Corrections as Necessary, and Adopt the Resolution No. 2025-089 Levying Special Assessments for Unpaid Fees and Fines. 2025-090
Staff report by Josh DeMello, Supervising Inspector.

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

There was no public comment for this item.

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

Vice Mayor Verose’s motion to approve Resolution No. 2025-090, Confirming Building and Safety Services Division Statement of Expenses for Unpaid Fees and Fines and Directing the City Clerk to Forward a Certified Copy of this Resolution to the Office of the Auditor-Controller of Contra Costa County, was seconded by Cm. Rubio. The motion passed 5-0-0-0.

RESULT: APPROVED [UNANIMOUS]
MOVER: Sridhar Verose, Vice Mayor
SECONDER: Marisol Rubio, Councilmember
AYES: Armstrong, Verose, Adler, Jweinat, Rubio

9. NEW BUSINESS

9.1 MCE Community Choice Energy Annual Report
This item was deferred to a future City Council meeting.

9.2 Resolution No. 2025-091 - Authorizing an Exception to the 180-Day Waiting Period and the Temporary Appointment of Vancel Phillips as a CalPERS Annuitant and the Interim Chief Building Official for the Building Division of the Community Development Department, Per Government Code Sections 7522.56 & 21221(H)
Recommendation: Approve Resolution No. 2025-091
Report by Debbie Chamberlain, Community Development Director.

5.1 Packet Pg. 9
Minutes Acceptance: Minutes of Jul 22, 2025 7:00 PM (CONSENT CALENDAR) 4 City Council Meeting – July 22, 2025
There was no public comment for this item.

Cm. Rubio's motion to approve Resolution No. 2025-091 authorizing an exception to the 180-Day waiting period and the Temporary Appointment of Vancel Phillips as a CalPERS Annuitant and the Interim Chief Building Official for the Building Division of the Community Development Department, Per Government Code Sections 7522.56 & 21221(H), was seconded by Vice Mayor Verose. The motion passed 5-0-0-0.

RESULT: APPROVED [UNANIMOUS]
MOVER: Marisol Rubio, Councilmember
SECONDER: Sridhar Verose, Vice Mayor
AYES: Armstrong, Verose, Adler, Jweinat, Rubio

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

MATTERS INITIATED

11. ADJOURNMENT
The meeting was adjourned at 8:10 p.m.

5.1 Packet Pg. 10
Minutes Acceptance: Minutes of Jul 22, 2025 7:00 PM (CONSENT CALENDAR)

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Scott Koll, Assistant City Manager
By: Megan O'Donoghue, Human Resources Manager
SUBJECT: RESOLUTION NO. 2025-092 - Authorizing the Resolution to Tax Defer Member Paid Contributions to the California Public Employees’ Retirement System (CalPERS) – IRC 414(H)2 Employer Pick-Up

RECOMMENDED ACTION
Staff recommends approval of the Resolution authorizing the City to tax defer member paid contributions to the California Public Employees’ Retirement System (CalPERS), per section 414(h)(2) of the Internal Revenue Code.

BACKGROUND/DISCUSSION
Background:

CalPERS has two primary categories of members: Classic and PEPRA. A classic member is generally someone whose membership began prior to January 1, 2013, while a PEPRA member is generally someone whose membership began on or after January 1, 2013, when the Public Employees’ Pension Reform Act (PEPRA) was implemented. The City of San Ramon has active employees belonging to both categories.

As additional background, in late 1985, CalPERS adopted a resolution regarding section 414(h)(2) of the Internal Revenue Code, which enabled agencies to make employee contributions to CalPERS on a tax deferred basis. Historically, employee contributions for the City’s Classic members have been made on such a basis.

To clarify, this report solely addresses the tax status of employee contributions. The tax status of employee contributions does not have any impact on the employee’s retirement benefit, due to the inherent nature of a defined benefit retirement plan. However, many employees prefer to pay the taxes on their contributions while in retirement, rather than during active employment.

Discussion:

The following four (4) documents outline the City’s specific formulas for CalPERS, as well as the details regarding employee and employer contributions, when applicable:

5.2 Packet Pg. 11
· The Memorandum of Understanding (MOU) with SEIU, Local 1021, · The MOU with the San Ramon Police Officers Association (POA), · The Unrepresented Miscellaneous Employees Salary and Benefits Resolution, and · The Unrepresented Executive Employees Salary and Benefits Agreement.

Regarding employee contributions to CalPERS, each of these documents state that, pursuant to IRS Code Section 414(h)(2), contribution payments shall be made on a pre-income tax, or taxdeferred, basis.

However, in February 2025, City employees who were both PEPRA members and represented by the POA discovered that their employee contributions were being made on an after-tax basis, rather than the tax-deferred basis outlined in the MOU. This discovery prompted City staff to research employee contributions for all PEPRA members, and staff confirmed that employee contributions had been made on an after-tax basis beginning in 2013 (the inception of PEPRA) through to the present.

Since this discovery, the City has been in communication with all employees and in active discussion with both the POA and SEIU regarding this matter. As part of those discussions, the POA and SEIU have stated their preference for the City to honor the language in both MOUs and make contribution payments on a tax-deferred basis. Based on this feedback and the City’s analysis, staff recommends updating the City’s practice to make employee contributions to CalPERS on a tax-deferred basis for all PEPRA members, including unrepresented employees.

To do so, the City Council will need to authorize the Resolution to tax defer member paid contributions to the California Public Employees’ Retirement System (CalPERS), per section 414(h)(2) of the Internal Revenue Code. In approving that Resolution, Council will also memorialize the City’s practice regarding contributions for Classic members.

FISCAL ANALYSIS
Because this action relates to the tax status of contribution payments to CalPERS, there is no fiscal impact at this time.

STEPS FOLLOWING APPROVAL
This action will ratify and execute the Resolution to tax defer member paid contributions to the California Public Employees’ Retirement System (CalPERS), per section 414(h)(2) of the Internal Revenue Code. Staff will forward the fully executed Resolution to CalPERS and implement the change in tax status for contributions for PEPRA members as soon as operationally feasible, which will be September 8, 2025, the first full pay period in September.

5.2 Packet Pg. 12
RESOLUTION NO. 2025-092

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

AUTHORIZING THE RESOLUTION TO TAX DEFER MEMBER PAID
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) – IRC 414(H)2 EMPLOYER PICK-UP
WHEREAS, the City of San Ramon has the authority to implement the provisions of section 414(h)(2) of the Internal Revenue Code (IRC); and WHEREAS, the Board of Administration of the California Public Employees’ Retirement System (CalPERS) adopted its resolution regarding section 414(h)(2) IRC on September 18, 1985; and
WHEREAS, the Internal Revenue Service has stated in December 1985, that the implementation of the provisions of section 414(h)(2) IRC pursuant to the Resolution of the Board of Administration would satisfy the legal requirements of section 414(h)(2) IRC; and WHEREAS, the City of San Ramon has determined that even though the implementation of the provisions of section 414(h)(2) IRC is not required by law, the tax benefit offered by section 414(h)(2) IRC should be provided to all Classic and PEPRA employees who are members of the CalPERS.

NOW, THEREFORE, BE IT RESOLVED:

I. That the City of San Ramon will implement the provisions of section 414(h)(2) Internal Revenue Code by making employee contributions pursuant to California Government Code Section 20691 to the CalPERS on behalf of all its employees or all its employees in a recognized group or class of employment who are members of CalPERS. “Employee contributions” shall mean those contributions to CalPERS which are deducted from the salary of employees and are credited to individual employee’s accounts pursuant to California Government Code section 20691.

II. That the contributions made by the City of San Ramon to CalPERS, although designated as employee contributions, are being paid by the City of San Ramon in lieu of contributions by the employees who are members of CalPERS.

III. That employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of San Ramon to CalPERS.

IV. The City of San Ramon shall pay to CalPERS the contributions designated as employee contributions from the same source of funds as used in paying salary.

V. That the amount of the contributions designated as employee contributions and paid by the City of San Ramon to CalPERS on behalf of an employee shall be the entire contribution

5.2 Packet Pg. 13
required of the employee by CalPERS (California Government Code sections 20000, et seq.).

VI. That the contributions designated as employee contributions made by the City of San Ramon to CalPERS shall be treated for all purposes, other than taxation, in the same way that member contributions are treated by CalPERS.

PASSED, APPROVED, AND ADOPTED, by the governing body of the City of San Ramon at the meeting of August 12, 2025, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Mark Armstrong, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk

5.2 Packet Pg. 14

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Thomas Anderson, Maintenance Supervisor
SUBJECT: RESOLUTION NO. 2025-093 - Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with Frontier Energy, Inc. (C2023-064) for Fleet Electrification Consulting Services as Part of the Zero Emission Fleet Study (CIP 400008), Extending the Contract Term through June 30, 2027

EXECUTIVE SUMMARY
On October 2, 2023, the City entered into an agreement with Frontier Energy, Inc. for fleet electrification consulting services as part of the Fleet Electrification Study (CIP 400008), in an amount not to exceed $200,000 through September 12, 2025. At the request of the City Council, the project was renamed the Zero Emission Fleet Study. The initial study phase has been completed, and a draft has been submitted to staff, but additional time is required for internal review before finalizing the study. Therefore, a contract extension through June 30, 2027, is requested, with no change to the contract amount.

RECOMMENDED ACTION
Staff recommends adoption of this Resolution authorizing the Mayor to execute Amendment No. 1 to the Agreement with Frontier Energy, Inc. (C2023-064) for Fleet Electrification Consulting Services as part of the Zero Emission Fleet Study (CIP 400008), extending the contract term through June 30, 2027.

BACKGROUND/DISCUSSION
The Public Works Fleet Program currently operates 102 vehicles across four departments (excluding the Police Department), including eleven electric vehicles. The City is actively transitioning to zero-emission vehicles in alignment with State mandates, which require phasing out internal combustion engine purchases by 2035 and initiating heavy vehicle transitions starting with model year 2024. Current state mandates require 50% of local government fleet purchases to be zero-emission.

To guide this transition, the City initiated the Fleet Electrification Study (CIP 400008) in FY 2022/23 to assess zero emission vehicle needs, develop a phased vehicle purchase and replacement strategy, and ensure compliance with the California Air Resources Board’s

5.3 Packet Pg. 15
Advanced Clean Fleets (ACF) Regulation and the City’s Climate Action Plan. In 2023, the City entered into an agreement with Frontier Energy, Inc. (Frontier) to perform the study. At the request of the City Council, the project was renamed the Zero Emission Fleet Study to better reflect the intent to evaluate all available zero emission vehicle options for the City’s fleet.

Frontier has completed the first draft of the study, which evaluates available and emerging electric and hydrogen fuel cell vehicle options for the City’s fleet, including lifecycle costs, costbenefit analysis, and identification of vehicles not viable for conversion. The draft also includes an assessment of facility electrical capacity, grid impacts, and emergency backup needs. A citywide needs assessment identifies the required number, type, and location of charging or fueling stations, estimates infrastructure upgrade costs, and projects Green House Gas Emissions (GHG) reductions. The study outlines cost estimates and barriers to fleet conversion in line with regulatory deadlines; factoring in acquisition costs, lead times, and operational challenges. It also presents financing strategies and two phased implementation plans. The final component of the study involves internal review before the report can be finalized.

The current Agreement with Frontier is set to expire on September 12, 2025. To accommodate any necessary revisions to the study, staff recommends extending the contract term through June 30, 2027. This extension does not include an increase to the approved contract amount at this time, as the remaining funds are expected to be sufficient to cover these potential additional services, provided no major revisions are required.

FISCAL ANALYSIS
On January 10, 2023, the City Council adopted Resolution No. 2023-002, authorizing an appropriation from the Vehicle Equipment Replacement Fund (Fund 602) to the project then titled the Fleet Electrification Study (CIP 400008) in the amount of $200,000 to fund an initial study for fleet electrification. To date, $143,011 has been expended, leaving a remaining balance of $56,989. It is anticipated that there are adequate funds remaining in CIP 400008 to cover the costs associated with the proposed contract extension.

STEPS FOLLOWING APPROVAL

1. The City Attorney’s Office will forward Amendment No. 1 to Agreement No. 2023-064 to Frontier Energy, Inc. for execution.

2. Upon receipt of the executed Amendment, certificate of insurance, and a copy of a current City business license, the City Attorney’s Office will send a copy of the executed Agreement to the Public Works - Public Services Division.

3. Task letters will be issued for services as required, and staff will continue to monitor the performance of the consultant throughout the remainder of the Amendment, including any necessary revisions to the study.

5.3 Packet Pg. 16
RESOLUTION NO. 2025-093

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH FRONTIER ENERGY, INC. (C2023-064) FOR FLEET

ELECTRIFICATION CONSULTING SERVICES AS PART OF THE ZERO EMISSION FLEET STUDY (CIP 400008), EXTENDING THE CONTRACT TERM THROUGH JUNE 30, 2027
WHEREAS, the City Council adopted Resolution No. 2023-099 on September 12, 2023 authorizing an Agreement with Frontier Energy, Inc, for Fleet Electrification Consulting Services, as part of the Fleet Electrification Study (CIP 400008) for a two-year term through September 12, 2025 in amount not to exceed $200,000.00; and WHEREAS, the City Council adopted Resolution No. 2023-002 on January 10, 2023 authorizing an appropriation from the Vehicle Equipment Replacement Fund (Fund 602) to the Fleet Electrification Study (CIP 400008) in the amount of $200,000 to fund an initial study for zero-emission vehicles; and
WHEREAS, at the request of the City Council, the project was renamed the Zero Emission Fleet Study to better reflect the intent to evaluate all available zero-emission vehicle options for the City’s fleet; and
WHEREAS, to date, only $143,011.50 has been spent of the $200,000.00 authorized amount; and
WHEREAS, the first draft of the study has been completed; however, the final component of the study involves internal review before the report can be finalized; and WHEREAS, to accommodate the completion of this study, an extension of the contract term through June 30, 2027, is requested without any increase to the total contract amount.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the Mayor to execute Amendment No. 1 to the Agreement with Frontier Energy, Inc. (C2023-064) for fleet electrification consulting services as part of the Zero Emission Fleet Study (CIP 400008), extending the contract term through June 30, 2027.

PASSED, APPROVED AND ADOPTED at the meeting of August 12, 2025 by the following votes:

AYES:

NOES:

ABSENT:

5.3 Packet Pg. 17
ABSTAIN:
________________________
Mark Armstrong, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk

5.3 Packet Pg. 18

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Gloria Lee, Associate Civil Engineer
SUBJECT: RESOLUTION NO. 2025-094 - Authorizing the Mayor to Execute an Agreement with Carollo Engineers, Inc. to Assess the Current Condition of the Storm Drain System for the Storm Drain Infrastructure Study Project (CIP 915548-L) Part of the Citywide Drainage Infrastructure Repairs Project (CIP 915548) in an Amount Not to Exceed $191,321

EXECUTIVE SUMMARY
The City’s storm drain system, particularly west of Dougherty Road, is aging and requires proactive evaluation. Staff is initiating a condition assessment of existing storm drain pipes in the area to evaluate risks of failure and flood vulnerability, and develop a priority list of repair and improvement projects to help avoid catastrophic failures. This analysis and study will be completed in the Storm Drain Infrastructure Study Project (CIP 915548-L), which is a subproject of the Citywide Drainage Infrastructure Repairs Project (CIP 915548). Staff solicited three (3) professional engineering consultants to provide proposals for this work, including BKF Engineers, Carollo Engineers, Inc., and Schaff and Wheeler Consulting Civil Engineers. Based on review of each firm’s proposal, responsiveness, relevant experience in this type of work, Staff recommends authorizing the Mayor to execute an Agreement with Carollo Engineers, Inc. for the Project in an amount not to exceed $191,321.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, authorizing the Mayor to execute an Agreement with Carollo Engineers, Inc. to perform the assessment of the city’s aging storm drain infrastructure as part of the Storm Drain Infrastructure Study Project (CIP 915548-L), part of the Citywide Drainage Infrastructure Repairs Project (CIP 915548) in an amount not to exceed $191,321.

BACKGROUND
Aging stormwater infrastructure poses a significant risk to public safety and property. Failures often occur due to lack of maintenance resulted from limited knowledge of pipe conditions, insufficient asset location data, and the absence of comprehensive planning. Conducting systematic condition assessments allows the City to identify high-risk areas, improve reliability, and reduce emergency repairs through proactive maintenance planning.

5.4 Packet Pg. 19
While the storm drain system east of Dougherty Road is relatively new due to recent residential development, a large portion of the system west of Dougherty Road was constructed as early as the 1960s. Although the City maintains a database containing most of the system’s as-built information, the current condition of the system remains largely unknown. Pipe materials in the area include corrugated metal pipe (CMP), reinforced concrete pipe (RCP), and high-density polyethylene pipe (HDPE), each with different estimated service lives:

Material Expected Service Life
Corrugated Metal Pipe (CMP) 50 -75 years
High Density Polyethylene Pipe (HDPE) 75 -100 years
Reinforced Concrete Pipe (RCP) 100 + years
While service life varies by material, other factors such as installation quality, soil types, depth of cover, water exposure, and local environmental conditions can significantly affect actual lifespan.

DISCUSSION
The City has a large and complex network of storm drain pipes. To perform a condition assessment of the entire storm drain system would be very costly and time consuming.

Therefore, staff has prioritized the western portion of the system and structured the effort into four phases:
• Phase 1 - CMP pipes (24-inch and larger)
• Phase 2 - CMP pipes (less than 24-inch)
• Phase 3 - Other pipe materials (24-inch and larger)
• Phase 4 - Other pipe materials (less than 24-inch)
Staff selected three (3) qualified engineering consulting firms, known for their ability to provide the service of the scope and magnitude described above, and requested their proposals to:
• Assess the conditions of the pipes in four phases listed above; • Evaluate the risks of failure and flood vulnerability if left unaddressed; and • Develop a priority list of repair and improvement projects.

Following initial consultations with the consulting firms, staff decided to proceed with Phase 1 as a pilot project at this time due to budget constraints. The proposals received from these firms are summarized in the table below:

Consulting Firm Phase 1 Proposal
BKF Engineers $163,700
Carollo Engineers, Inc. $159,434
Schaaf and Wheeler Consulting Civil Engineers Incomplete

5.4 Packet Pg. 20
Upon review of the proposals, staff determined that Carollo Engineers is the best fit for the Project based on their relevant experience, responsiveness, cost effectiveness and references from other agencies. Therefore, staff recommends authorizing the Mayor to execute an Agreement with Carollo Engineers, Inc. for the Phase 1 of storm drain condition assessment as part of the Storm Drain Infrastructure Study Project (CIP 915548-L), part of the Citywide Drainage Infrastructure Repairs Project (CIP 915548) in an amount not to exceed $191,321, including the base proposal amount and a twenty-percent (20%) contingency to complete the Project.

FISCAL ANALYSIS
The Five-Year 2025-2030 Capital Improvement Program authorized a total Project Budget of $302,747 for Drainage related projects for the Fiscal Year 2025-2026, funded by Creek Mitigation Fund in the amount of $16,000; Drainage Mitigation Fund in the amount of $125,000; and Infrastructure Maintenance Fund in the amount of $161,747. The requested contract amount is $191,321 for the Storm Drain Infrastructure Study Project (CIP 915548-L), as part of the Citywide Drainage Project (CIP 915548). There are sufficient funds to complete the Project.

STEPS FOLLOWING APPROVAL
The City Attorney’s Office will forward the contract Agreement to Carollo Engineers, Inc. for execution. Upon receipt of the executed contract Agreement, the required bonds, certificate of insurance, and a copy of a current City business license from the contractor, the City Attorney’s Office will send a copy of the executed contract Agreement and all attachments to the Public Works - Engineering Services Division. A Notice to Proceed will then be issued to begin the project, and staff will then pursue the work to completion.

5.4 Packet Pg. 21
RESOLUTION NO. 2025-094

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CAROLLO ENGINEERS, INC. TO ASSESS THE CURRENT CONDITION OF THE STORM

DRAIN SYSTEM FOR THE STORM DRAIN INFRASTRUCTURE STUDY PROJECT (CIP 915548-L) PART OF THE CITYWIDE DRAINAGE INFRASTRUCTURE REPAIRS PROJECT (CIP 915548) IN AN AMOUNT NOT TO EXCEED $191,321 WHEREAS, the City of San Ramon owns and maintains a network of storm drain infrastructure that conveys stormwater runoff throughout the city; and WHEREAS, a large portion of the system was installed in the 1960s and now aging and approaching the end of their useful life; and
WHEREAS, staff desires to evaluate the condition of the existing storm drain infrastructure to proactively plan for maintenance, prevent system failures, and identify capital improvement needs; and
WHEREAS, staff has divided the condition assessment work into four phases due to limited available funding; and
WHEREAS, the City requested proposals from three (3) engineering consulting firms to assess the condition of the storm drain system, evaluate the risk of failure, and develop a priority list of repair and improvement projects; and
WHEREAS, the Phase 1 project includes evaluating 24-inch diameter and larger corrugated-metal storm drain pipes located west of Dougherty Road; and WHEREAS, Carollo Engineers, Inc. was determined to be the best fit for the Project based on their relevant experience, responsiveness, cost effectiveness and references from other agencies; and
WHEREAS, staff recommends awarding Carollo Engineers, Inc. a total contract in an amount not to exceed $191,321, including the base proposal amount and a twenty-percent (20%) contingency.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the Mayor to execute an Agreement with Carollo Engineers, Inc. to perform the phase one work for the Storm Drain Infrastructure Study Project (CIP 915548-L), as part of the Citywide Drainage Infrastructure Repairs Project (CIP 915548) in an amount not to exceed $191,321 to complete the Project.

PASSED, APPROVED AND ADOPTED at the meeting of August 12, 2025, by the following votes:

5.4 Packet Pg. 22
AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Mark Armstrong, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk

5.4 Packet Pg. 23

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Theresa Peterson, Associate Engineer
SUBJECT: RESOLUTION NO. 2025-095 - Authorizing the Mayor to Execute Amendment No. 1 to the Agreement with DeSilva Gates Construction LLC (C2022-019) for the Crow Canyon Road Widening Project (CIP 905312 and 905328) for an Additional Amount of $399,000, for a Total Not to Exceed Amount of $14,695,956, and Accepting the Work by DeSilva Gates Construction LLC for Construction of the Crow Canyon Road Widening Project (CIP 905312 and 905328) as Complete and Authorizing the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office

EXECUTIVE SUMMARY
The widening of Crow Canyon Road from two lanes to three lanes in each direction between City limits with the Town of Danville and the I-680 Freeway is a requirement of the Agreement to Settle Litigation Relating to the Dougherty Valley (Settlement Agreement), signed in 1994. It is also included in the City’s General Plan and the Tri-Valley Transportation Plan. Roadway widening was completed between Alcosta Boulevard and the I-680 Freeway in 2008, and between the Danville town limits and Indian Rice Road in 2011. The current Project completed the first phase, which consisted of widening from Alcosta Boulevard to St. George Road. This Resolution will authorize the filing of the Notice of Completion and the release of retained funds to DeSilva Gates Construction LLC. This Project faced unexpected field conditions and utility relocations challenges during construction requiring additional time and funds to complete.

However, some costs will be reimbursed to the City by East Bay Municipal Utility District (EBMUD) at a later date.

RECOMMENDED ACTION
Staff recommends approval of this Resolution, authorizing the Mayor to execute Amendment #1 to the Agreement with DeSilva Gates Construction LLC (C2022-019) for the Crow Canyon Road Widening Project (CIP 905312 and 905328) and increase the Agreement amount an additional $399,000, for a total not to exceed Agreement amount of $14,695,956, and accepting the work by DeSilva Gates Construction LLC for construction of the Crow Canyon Road Widening Project (CIP 905312 and 905328) as complete and authorizing the City Clerk to file a Notice of Completion with the Contra Costa County Clerk Recorder’s Office.

5.5 Packet Pg. 24

BACKGROUND
Crow Canyon Road, east of Alcosta Boulevard, was predominantly a four-lane arterial roadway (two lanes in each direction) that is listed as an Inter-Regional Route of Regional Significance in the Tri-Valley Transportation Plan and Action Plan Update. Traffic on Crow Canyon Road has increased substantially due to development within the Dougherty Valley. The need to widen Crow Canyon Road between City limits with Danville and the I-680 Freeway is a requirement of the Agreement to Settle Litigation Relating to the Dougherty Valley (Settlement Agreement) signed in 1994 and is included in the City’s General Plan Section 5.4-1-3 and the Tri-Valley Transportation Plan. The majority of this Project was funded from the Southern Contra Costa Joint Exercise of Power Authority (SCCJEPA) Regional Impact Fees Fund.

The Settlement Agreement is a mutual agreement between Contra Costa County, Town of Danville, and the City of San Ramon. The Settlement Agreement was based on an Environmental Impact Report (EIR), which included a Traffic Study that outlined a specific list of projects necessary to mitigate Dougherty Valley development traffic impacts. The parties are required to use the fees collected in a coordinated manner to finance and construct the listed improvements.

It was projected that by 2030, traffic on Crow Canyon Road would grow to 28,000 vehicles per day (both directions combined). This projected volume approximately equals the current volumes on Bollinger Canyon Road, east of Alcosta Boulevard, which has three lanes in both directions.

The Crow Canyon Road Widening Project added one additional driving lane in each direction of Crow Canyon Road between Alcosta Boulevard and St. George Road. In addition to the new lanes, the work included improved facilities for pedestrians, such as sections of new sidewalk, ADA upgrades, crosswalk consolidation, and a decomposed granite walking path. Wide green bike lanes were installed throughout the Project to provide additional delineation between vehicles and cyclists. New vibrant drought-tolerant landscaping was installed to enhance the landscape features. Updated traffic signals and streetlights, with the latest equipment and technology, were installed to replace the existing older traffic signals and lighting. The existing lanes were also repaved to provide a new smooth and durable roadway surface.

On February 22, 2022, the City Council authorized a construction agreement with Resolution No. 2022-028 to DeSilva Gates Construction LLC, in the amount of $14,296,956, for construction of the Crow Canyon Road Widening Project (CIP 905312 and 905328).

With approval of this Resolution, the Agreement with DeSilva Gates Construction LLC (C2022- 019) for the Crow Canyon Road Widening Project (CIP 905312 and 905328) will be amended to increase the Agreement amount by $399,000, for a total not to exceed Agreement Amount of $14,695,956.

Approval of this Resolution will also accept the work by DeSilva Gates Construction LLC for construction of the Crow Canyon Road Widening Project (CIP 905312 and 905328) as complete and authorize the City Clerk to file a Notice of Completion with the Contra Costa County Clerk Recorder's Office.

5.5 Packet Pg. 25

DISCUSSION
The contractor completed the work within the time specified in the contract documents including extensions from the executed construction change order work and will require a $399,000 increase in the Agreement to fully fund the work. In total, there were 31 construction change orders. One of the construction change orders was for EBMUD utility work that EBMUD was not able to complete in a timely manner due to EBMUD staff shortages. The contractor completed the work for EBMUD and the City paid the contractor with a construction change order. EBMUD has reimbursed the City for the work, and it has been deposited into the Project account.

Acceptance of the Project will initiate the 30-day Stop Notice period after the recording of the Notice of Completion, as required by law.

FISCAL ANALYSIS
The FY 2024/25 Capital Budget authorized a total of $16,996,400 for the Crow Canyon Road Widening Project (CIP 905312 and 905328). Funding for CIP 905312 for the amount of $175,000 is from Traffic Improvement Fund (TIF); and funding for CIP 905328 for the amount of $16,821,400 is from the Southern Contra Costa Joint Exercise of Power Authority (SCCJEPA) Regional Impact Fees Fund. The Project was completed for a total cost of $16,501,988, including $1,123,641 for design and bidding, $682,391 for construction-related expenses and $14,695,956 for construction contract. Remaining budget will be returned back to the SCCJEPA fund for programming of the future phase of Crow Canyon Widening Project CIP 905328.

The annual maintenance cost for the Project is estimated at $285,000 for roadway paving, sidewalk, decomposed granite path, landscape, irrigation, traffic signals, roadway striping, and lighting.

STEPS FOLLOWING APPROVAL

1. The City Attorney’s Office will forward the Agreement Amendment to DeSilva Gates Construction LLC for execution and final payments will be made upon receipt of the executed Agreement Amendment.

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

ATTACHMENT(S)
A - Notice of Completion – DeSilva Gates Construction LLC.

5.5 Packet Pg. 26
RESOLUTION NO. 2025-095

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH DESILVA GATES CONSTRUCTION LLC (C2022-019) FOR THE CROW CANYON ROAD WIDENING PROJECT (CIP 905312 AND 905328) FOR AN ADDITIONAL AMOUNT OF $399,000, FOR A TOTAL NOT TO EXCEED AMOUNT OF $14,695,956, AND ACCEPTING THE WORK BY DESILVA GATES

CONSTRUCTION LLC FOR CONSTRUCTION OF THE CROW CANYON ROAD WIDENING PROJECT (CIP 905312 AND 905328) AS COMPLETE AND

AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH

THE CONTRA COSTA COUNTY CLERK RECORDER'S OFFICE
WHEREAS, the City desired to construct the Crow Canyon Road Widening Project (CIP 905312 and 905328); and
WHEREAS, on February 22, 2022, the City Council awarded the construction of the Crow Canyon Road Widening Project (CIP 905312 and 905328) to DeSilva Gates Construction LLC in an amount not to exceed $14,296,956 with Resolution No. 2022-028; and WHEREAS, Amendment No. 1 to the Agreement with DeSilva Gates Construction LLC (C2022-019) for the Crow Canyon Road Widening Project (CIP 905312 and 905328) will increase the contract amount by an additional $399,000, for a total not to exceed contract amount of $14,695,956; and
WHEREAS, the Crow Canyon Road Widening Project (CIP 905312 and CIP 905328) added one additional driving lane in each direction of Crow Canyon Road between Alcosta Boulevard and St. George Road. The scope of work also included new sidewalk, a decomposed granite walking path, green bike lanes, landscaping, irrigation, traffic signals, streetlights, striping, and paving; and
WHEREAS, the work performed by DeSilva Gates Construction LLC for the Crow Canyon Road Widening Project (CIP 905312 and 905328) is now complete and is ready for acceptance by City Council.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon hereby authorize the Mayor to execute Amendment No. 1 to the Agreement with DeSilva Gates Construction LLC (C2022-019) for the Crow Canyon Road Widening Project (CIP 905312 and 905328) to increase the Agreement amount an additional $399,000, for a total not to exceed Agreement amount of $14,695,956, and to accept the work by DeSilva Gates Construction LLC for construction of the Crow Canyon Road Widening Project (CIP 905312 and 905328) as complete and authorizes the City Clerk to File a Notice of Completion with the Contra Costa County Clerk Recorder's Office.

5.5 Packet Pg. 27
PASSED, APPROVED AND ADOPTED at the meeting of August 12, 2025 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Mark Armstrong, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk

5.5 Packet Pg. 28
RECORDING REQUESTED BY:

City of San Ramon
WHEN RECORDED RETURN TO:

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

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

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

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

2. Entered into a written contract with:

DeSilva Gates Construction LLC
11555 Dublin Boulevard
Dublin, CA 94568
March 25, 2022
(Contract Date)

3. Brief Description of the Project:

The Crow Canyon Road Widening Project (CIP 905312 and CIP 905328) added one additional driving lane in each direction of Crow Canyon Road between Alcosta Boulevard and St. George Road. The scope of work also included new sidewalk, a decomposed granite walking path, green bike lanes, landscaping, irrigation, traffic signals, streetlights, striping, and paving.

4. Said work was completed and accepted by the San Ramon City Council on: August 12, 2025*

5. The surety on said contract was held by:

Travelers Casualty and Surety Company of America
100 California Street, Suite 300
San Francisco, CA 94111
107537745
(Bond No.)
I HEREBY CERTIFY, under penalty of perjury, that the facts set forth in the foregoing Notice of Completion are true and correct.

Dated:

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

5.5.a
Packet Pg. 29
Attachment: A - Notice of Completion – DeSilva Gates Construction LLC. (2025-095 : DeSilva Gates Construction LLC (CIP 905312 and 905328))

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Christopher Low, Associate Engineer
SUBJECT: RESOLUTION NO. 2025-096 - Accepting Certain Dedications and Landscape Improvements for Maintenance in Subdivisions 9297, 9298, 9299, and 9341 (Shapell Industries, Inc./Toll Brothers)

EXECUTIVE SUMMARY
The Dougherty Valley is a master-planned community located east of Alcosta Boulevard and contains the Gale Ranch and Windemere developments. Approved by Contra Costa County (County), the Dougherty Valley is developed under the terms of the Dougherty Valley Settlement Agreement and Dougherty Valley Memorandum of Understanding (MOU). Subdivisions 9297, 9298, 9299, and 9341 are located along the east side of Dougherty Road fronting each of the named subdivisions. The Contra Costa County Board of Supervisors adopted Resolutions for each of the subdivisions for the completion of these landscape improvements.

RECOMMENDED ACTION
Staff recommends adoption of this Resolution accepting certain dedications and landscape improvements for maintenance in Subdivisions 9297, 9298, 9299, and 9341 (Shapell Industries, Inc./Toll Brothers).

BACKGROUND/DISCUSSION
Background
The Dougherty Valley is a master-planned community of approximately 11,000 residential units that was approved in 1994 by Contra Costa County. The community is developed under the terms of the Dougherty Valley Settlement Agreement and Dougherty Valley Memorandum of Understanding (MOU). The Settlement Agreement and Memorandum of Understanding essentially lay out the ground rules for all parties involved in the processing and development of Dougherty Valley, which includes the County, the City of San Ramon (City), the Town of Danville, and the Dougherty Valley developers (Windemere BLC and Shapell Homes).

The purpose of the Memorandum of Understanding (executed in 1998) is to:
• Outline the roles and responsibilities of the agencies involved in the processing,

5.6 Packet Pg. 30
completion, operation, and maintenance of the Dougherty Valley Development (Project); • Detail procedures for distributing property taxes and special assessments collected; • Ensure that the ownership of and responsibility for maintaining public improvements for the Project is efficiently and effectively transferred from the County to the City; and • Ensure that the annexation of property from County to City takes place in a cooperative manner.

The Settlement Agreement (executed in 1994) also memorializes provisions to ensure orderly development, annexation, operation, and maintenance of facilities and infrastructure, and delivery of public services in accordance with certain standards agreed to by all parties.

This Agreement dismisses all previous claims by the City and Town of Danville in order to have a mutually agreed upon outlined plan for the orderly development of the Dougherty Valley.

Per the Settlement Agreement, Contra Costa County is the lead agency for processing the development approvals in the Dougherty Valley. These development approvals lead to the construction of roadways and drainage improvements, landscape improvements, parks, trails, and community facilities. In accordance with the Settlement Agreement and MOU, the County distributes the development plans to the City for review and comment. The County approves the plans and determines when the public improvements are complete, authorizes bond reductions, and if applicable to the project, begins a warranty period. The City typically conducts periodic joint inspections with the County and gives its concurrence for acceptance prior to the County taking action. With the joint agreement that the improvements are acceptable, the County proceeds with acceptance through the County Board of Supervisors. Under notice that the County has accepted the improvements, and upon request of the developer, the City then proceeds with acceptance by the City Council. For landscape improvements, City acceptance occurs after the completion of the warranty period, which is generally one year. Once the City Council has accepted the improvements and associated land dedications, the City takes full ownership and maintenance of the improvements.

To date, the City has accepted for maintenance:
• Road and storm drain improvements for 76 subdivisions; • Road and storm drain improvements for 59 road acceptances; • Landscape improvements for 74 subdivisions;
• Landscape improvements for 47 road acceptances;
• 33 parks and school parks, including Rancho San Ramon Community Park and the Amador Rancho Center, plus landscape at Dougherty Valley High School; • Site and landscape improvements at the Dougherty Station Community Center/Library; • Site improvements at the Dougherty Valley Service Center and the Amador Rancho Center;
• West Alamo Creek Trail, Tassajara Ridge Trail, Windemere Ridge Trail, Live Oak Trail, Monarch Ridge Trail, Monarch Loop Trail, Star Jasmine Trail, Sycamore Grove Trail, Rolling Hills Trail, Basswood Trail, Old Dougherty Road Trail, a portion of the Alamo Creek Trail, Dougherty Valley Ridge Trail, Coyote Canyon Trail, Quail Run Trail, Jack Rabbit Ridge Trail, Overlook Park, and surrounding landscape improvements in Gale

5.6 Packet Pg. 31
Ranch;
• The water fountain landscape entry feature on Bollinger Canyon Road; • Gale Ranch Community Identification Monument improvements on Bollinger Canyon Road;
• Windemere Tower improvements on Bollinger Canyon Road at Dougherty Valley High School;
• Windemere Entry Sign improvements on Bollinger Canyon Road near the Dougherty Station Community Center/Library;
• Creek improvements in portions of the Main Branch and West Branch of Alamo Creek, and designated mitigation creeks;
• Water Quality Ponds W3, W4, M1A and M2A, and Bioswales W1 and W2 in Gale Ranch;
• Water Quality Ponds 1-9, 11, and 14 plus Pond 14 Outfall, and detention basin DA 0005 in Windemere; and
• Miscellaneous storm drain improvements for four (4) drainage acceptances.

To date, the City has accepted approximately 74 miles of roadway, approximately 220 acres of public landscape, 128 acres of park area, and approximately 21.3 miles of trails.

Discussion
Subdivisions 9297, 9298, 9299, and 9341 are located along the east side of Dougherty Road extending from just north of Bergamot Lane to just south of Hibiscus Road. The landscape improvements for this acceptance include roadside and parkway strip landscape within the public right-of-way and landscape dedicated parcels adjacent to the public right-of-way which includes:
approximately 0.78 acres of trees/shrubs fronting and at the entrances to Subdivisions 9297, 9298, 9299, and 9341. Maps of the landscape areas related with this acceptance are included on Attachments A, B, and C.

The most northerly portion of the landscape improvements are located on Parcel B and Parcel C of Subdivision 9299. Parcel B and Parcel C contain frontage roadway landscape improvements along Dougherty Road and Bergamot Lane and both parcels have been dedicated to Contra Costa County. The County, through action by the Board of Supervisors transferred ownership and maintenance to the City per the Dougherty Valley MOU.

The landscape improvements continue south to Subdivisions 9298 and 9299 where they provide right-of-way roadway landscape on Trefoil Road within Subdivision 9298 and Hibiscus Road in Subdivision 9299. The right-of-way for Trefoil Road and Hibiscus Road were accepted by the City on February 8, 2022 as part of Road Acceptance (RA) 1250. Additional roadway frontage landscape along Dougherty Road is provided within Parcel C and Parcel D of Subdivision 9341, the initial subdivision for tracts 9297, 9298, and 9299. Parcel C and D have been dedicated to Contra Costa County. The County, through action by the Board of Supervisors transferred ownership and maintenance to the City per the Dougherty Valley MOU.

On June 24, 2025, the Contra Costa County Board of Supervisors adopted Resolution No. 2025/208 accepting the completion of the landscape improvements with no further warranty for

5.6 Packet Pg. 32
the landscape improvements in Subdivision 9297 (Attachment D).

On June 24, 2025, the Contra Costa County Board of Supervisors adopted Resolution No. 2025/209 accepting the completion of the landscape improvements with no further warranty for the landscape improvements in Subdivision 9298 (Attachment E).

On June 24, 2025, the Contra Costa County Board of Supervisors adopted Resolution No. 2025/210 accepting the completion of the landscape improvements with no further warranty for the landscape improvements in Subdivision 9341 (Attachment F).

On June 24, 2025, the Contra Costa County Board of Supervisors adopted Resolution No. 2025/211 accepting the completion of the landscape improvements with no further warranty for the landscape improvements in Subdivision 9299 (Attachment G).

These landscape improvements were installed several years ago but were only recently accepted by Contra Costa County due to mapping clarifications needed. During that time, several inspections were conducted by the City, County, and developer and the City required continued maintenance and replacement plantings for proper upkeep of the project. Since the developer continued to address the City’s concerns, the City did not require a warranty period for these improvements

FISCAL ANALYSIS
Upon acceptance, the City will incur certain maintenance responsibilities that are estimated to cost $12,665 annually for Subdivisions 9297, 9298, 9299, and 9341. These estimated annual costs include: $8,525 for contracted landscape maintenance services, materials, and supplies; and $4,140 for utilities (water).

Funding for these annual maintenance costs is to be reimbursed by the County Service Area M29 (CSA) assessment for Dougherty Valley.

The estimated total cost for landscape improvements in Subdivisions 9297, 9298, 9299, and 9341 is $188,210.

STEPS FOLLOWING APPROVAL
Following the acceptance of these public landscape improvements, the executed copy of this Resolution will be recorded at the Contra Costa County Recorder’s Office. The Public Works - Public Services Division will coordinate with the developer for the transfer of utility bills and begin maintenance of these landscape improvements on August 13, 2025.

ATTACHMENT(S)
A - Overview_Subd_9299_9341_Landscape_Imps_v2
B - Subd 9299_Landscape_Imps_v2
C - Subd 9341_Landscape_Imps_2b
D - 06-24-25, C.138, RES25-208, SD14-09297

5.6 Packet Pg. 33
E - 06-24-25, C.139, RES25-209, SD12-09298
F - 06-24-25, C.140, RES25-210, SD14-09341
G - 06-24-25, C.141, RES25-211, SD17-09299

5.6 Packet Pg. 34
RESOLUTION NO. 2025-096

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

ACCEPTING CERTAIN DEDICATIONS AND LANDSCAPE IMPROVEMENTS FOR MAINTENANCE IN SUBDIVISIONS 9297, 9298, 9299, AND 9341 (SHAPELL INDUSTRIES, INC./TOLL BROTHERS)
WHEREAS, Contra Costa County Board of Supervisors approved the Final Maps for Subdivisions 9297, 9298, 9299, and 9341 with roadway and landscape improvement requirements for these Subdivisions; and
WHEREAS, on the public landscape improvements include roadside and parkway strip landscape within the public right-of-way and landscape dedicated parcels adjacent to the public right-of-way which includes approximately 0.78 acres of trees and shrubs fronting the entrances to Subdivisions 9297, 9298, 9299, and 9341; and
WHEREAS, the required public landscape improvements have been constructed and inspected consistent with the provisions of the Memorandum of Understanding dated October 15, 1997, between Contra Costa County, the City of San Ramon, Shapell Industries, Inc., and Windemere Ranch Partners; and
WHEREAS, the Contra Costa County Public Works Department has determined that the landscape improvements have been completed by Shapell Industries, Inc./Toll Brothers and has recommended that the Contra Costa County Board of Supervisors accept the public landscape improvements as complete; and
WHEREAS, the Board of Supervisors adopted Resolution No. 2025/208 on June 24, 2025, which accepted the completion of the landscape improvements in Subdivision 9297; and WHEREAS, the Board of Supervisors adopted Resolution No. 2025/209 on June 24, 2025, which accepted the completion of the landscape improvements in Subdivision 9298; and WHEREAS, the Board of Supervisors adopted Resolution No. 2025/210 on June 24, 2025, which accepted the completion of the landscape improvements in Subdivision 9341; and WHEREAS, the Board of Supervisors adopted Resolution No. 2025/211 on June 24, 2025, which accepted the completion of the landscape improvements in Subdivision 9299; and WHEREAS, no further warranty was required as the developer replaced several plantings and provided continued maintenance of the landscape improvements as requested by the City; and
WHEREAS, the City Engineer has determined that the public landscape improvements are now ready for acceptance by the City for maintenance; and

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WHEREAS, the City of San Ramon is obligated by the Memorandum of Understanding to accept the public landscape improvements for maintenance if the annexation process has been completed or initiated; and
WHEREAS, the annexation process for the areas that contain Subdivisions 9297, 9298, 9299, and 9341 were completed through the Local Agency Formation Commission (LAFC) on October 14, 2020, under LAFCO Resolution No. 2020-05.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. That the hereinafter parcels, as shown and offered for public landscape purposes on the Final Map for Subdivision 9299 filed in Book 533 of Maps on Page 48, Official Records of Contra Costa County, State of California, are hereby accepted:
a. Parcel B of Subdivision 9299.
b. Parcel C of Subdivision 9299.

2. That the hereinafter parcels, as shown and offered for public landscape purposes on the Final Map for Subdivision 9341 filed in Book 526 of Maps on Page 46, Official Records of Contra Costa County, State of California, are hereby accepted:
a. Parcel C of Subdivision 9341.
b. Parcel D of Subdivision 9341.

3. That the landscape improvement within the parkway strips on Hibiscus Road and Trefoil Road and Hibiscus Road within Subdivisions 9297 and 9298, respectively, are hereby accepted.

4. That the landscape improvements as shown on the improvement plans entitled “Landscape Architectural Drawings Gale Ranch 4 - Neighborhood 3 Subdivisions 9297, 9298, 9299 & 9341” are hereby accepted.

PASSED, APPROVED AND ADOPTED at the meeting of August 12, 2025 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

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________________________
Mark Armstrong, Mayor
ATTEST:
_________________________
Christina Franco, City Clerk

5.6 Packet Pg. 37

5.6.a
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Attachment: A - Overview_Subd_9299_9341_Landscape_Imps_v2 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341)

5.6.b
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Attachment: B - Subd 9299_Landscape_Imps_v2 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341)

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Attachment: C - Subd 9341_Landscape_Imps_2b (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) 1025 ESCOBAR STREET CONTRA COSTA COUNTY MARTINEZ, CA 94553 Legislation Details (With Text)
File #: RES 2025- Version: 1
208
Name:

Type: Consent Resolution Status: Passed
File created: 6/3/2025 In control: BOARD OF SUPERVISORS On agenda: 6/24/2025 Final action: 6/24/2025
Title: ADOPT Resolution No. 2025-208 accepting completion of landscape improvements without the need of a warranty period, for subdivision SD14-09297, for a project developed by Shapell Industries, Inc., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)
Attachments:

Date Ver. Action By Action Result Tally
6/24/2025 1 BOARD OF SUPERVISORS
To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of landscape improvements without the need of a warranty period for subdivision SD14-09297, San Ramon (Doughty Valley) area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS:

ADOPT Resolution accepting completion of landscape improvements without the need of a warranty period, for subdivision SD14-09297, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The developer has completed the landscape improvements without the need for an agreement and in accordance with Title 9. The landscape improvements have met the guaranteed performance standards for longer than would be required for a standard warranty period. The landscape improvements were not accepted when initially completed due to a mapping concern that has since been resolved.

CONSEQUENCE OF NEGATIVE ACTION:

The completion of landscape improvements will not be accepted. c: Jocelyn LaRocque -Engineering Services, Kellen O’Connor - Engineering Services, Devon Patel-Engineering Services, Theresa ShepherdDesign/Construction, Chris Lau-Maintenance, Chris Hallford-Mapping, Ciara Herrold-Finance, C. Low-City of San Ramon, Shapell Homes CONTRA COSTA COUNTY Page 1 of 2 Printed on 7/2/2025
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Attachment: D - 06-24-25, C.138, RES25-208, SD14-09297 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) File #: RES 2025-208, Version: 1

THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF: Accepting completion of landscape improvements without the need of a warranty period, for subdivision SD14-09297, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
WHEREAS, these improvements are approximately located near Dougherty Road and Trefoil Road.

The Public Works Director has notified this Board that the landscaping improvements for SD14-09297, have been completed, heretofore approved by this Board.

NOW, THEREFORE, BE IT RESOLVED that the landscape improvements have been COMPLETED as of June 24, 2025, thereby establishing the six-month terminal period for the filing of liens in case of action.

BE IT FURTHER RESOLVED that the San Ramon City Council shall accept the landscape improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. c: Jocelyn LaRocque -Engineering Services, Kellen O’Connor - Engineering Services, Devon Patel-Engineering Services, Theresa ShepherdDesign/Construction, Chris Lau-Maintenance, Chris Hallford-Mapping, Ciara Herrold-Finance, C. Low-City of San Ramon, Shapell Homes CONTRA COSTA COUNTY Page 2 of 2 Printed on 7/2/2025
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Attachment: D - 06-24-25, C.138, RES25-208, SD14-09297 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) 1025 ESCOBAR STREET CONTRA COSTA COUNTY MARTINEZ, CA 94553 Legislation Details (With Text)
File #: RES 2025- Version: 1
209
Name:

Type: Consent Resolution Status: Passed
File created: 6/3/2025 In control: BOARD OF SUPERVISORS On agenda: 6/24/2025 Final action: 6/24/2025
Title: ADOPT Resolution No. 2025-209 accepting completion of landscape improvements without the need of a warranty period, for subdivision SD12-09298, for a project developed by Shapell Industries, Inc., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)
Attachments:

Date Ver. Action By Action Result Tally
6/24/2025 1 BOARD OF SUPERVISORS
To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of landscape improvements without the need of a warranty period for subdivision SD12-09298, San Ramon (Doughty Valley) area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS:

ADOPT Resolution accepting completion of landscape improvements without the need of a warranty period, for subdivision SD12-09298, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The developer has completed the landscape improvements without the need for an agreement and in accordance with Title 9. The landscape improvements have met the guaranteed performance standards for longer than would be required for a standard warranty period. The landscape improvements were not accepted when initially completed due to a mapping concern that has since been resolved.

CONSEQUENCE OF NEGATIVE ACTION:

The completion of landscape improvements will not be accepted. c: Jocelyn LaRocque -Engineering Services, Kellen O’Connor - Engineering Services, Devon Patel-Engineering Services, Theresa ShepherdDesign/Construction, Chris Lau-Maintenance, Chris Hallford-Mapping, Ciara Herrold-Finance, C. Low-City of San Ramon, Shapell Homes CONTRA COSTA COUNTY Page 1 of 3 Printed on 7/2/2025
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Attachment: E - 06-24-25, C.139, RES25-209, SD12-09298 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) File #: RES 2025-209, Version: 1

THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF: Accepting completion of landscape improvements without the need of a warranty period, for subdivision SD12-09298, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
WHEREAS, these improvements are approximately located near Dougherty Road and Trefoil Road.

The Public Works Director has notified this Board that the landscaping improvements for SD12-09298, have been completed, heretofore approved by this Board.

NOW, THEREFORE, BE IT RESOLVED that the landscape improvements have been COMPLETED as of June 24, 2025, thereby establishing the six-month terminal period for the filing of liens in case of action.

BE IT FURTHER RESOLVED that the San Ramon City Council shall accept the landscape improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. c: Jocelyn LaRocque -Engineering Services, Kellen O’Connor - Engineering Services, Devon Patel-Engineering Services, Theresa ShepherdDesign/Construction, Chris Lau-Maintenance, Chris Hallford-Mapping, Ciara Herrold-Finance, C. Low-City of San Ramon, Shapell Homes CONTRA COSTA COUNTY Page 2 of 3 Printed on 7/2/2025
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Attachment: E - 06-24-25, C.139, RES25-209, SD12-09298 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) File #: RES 2025-209, Version:
1 CONTRA COSTA COUNTY Page 3 of 3 Printed on 7/2/2025
powered by Legistar™

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Packet Pg. 45
Attachment: E - 06-24-25, C.139, RES25-209, SD12-09298 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) 1025 ESCOBAR STREET CONTRA COSTA COUNTY MARTINEZ, CA 94553 Legislation Details (With Text)
File #: RES 2025- Version: 1
210
Name:

Type: Consent Resolution Status: Passed
File created: 6/3/2025 In control: BOARD OF SUPERVISORS On agenda: 6/24/2025 Final action: 6/24/2025
Title: ADOPT Resolution No. 2025-210 accepting completion of landscape improvements without the need of a warranty period, for subdivision SD14-09341, for a project developed by Shapell Industries, Inc., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)
Attachments:

Date Ver. Action By Action Result Tally
6/24/2025 1 BOARD OF SUPERVISORS
To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of landscape improvements without the need of a warranty period for subdivision SD14-09341, San Ramon (Doughty Valley) area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS:

ADOPT Resolution accepting completion of landscape improvements without the need of a warranty period, for subdivision SD14-09341, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The developer has completed the landscape improvements without the need for an agreement and in accordance with Title 9. The landscape improvements have met the guaranteed performance standards for longer than would be required for a standard warranty period. The landscape improvements were not accepted when initially completed due to a mapping concern that has since been resolved.

CONSEQUENCE OF NEGATIVE ACTION:

The completion of landscape improvements will not be accepted. c: Jocelyn LaRocque -Engineering Services, Kellen O’Connor - Engineering Services, Devon Patel-Engineering Services, Theresa ShepherdDesign/Construction, Chris Lau-Maintenance, Chris Hallford-Mapping, Ciara Herrold-Finance, C. Low-City of San Ramon, Shapell Homes CONTRA COSTA COUNTY Page 1 of 2 Printed on 7/2/2025
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Attachment: F - 06-24-25, C.140, RES25-210, SD14-09341 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) File #: RES 2025-210, Version: 1

THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF: Accepting completion of landscape improvements without the need of a warranty period, for subdivision SD14-09341, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
WHEREAS, these improvements are approximately located near Dougherty Road and Trefoil Road, and Dougherty Road and Hibiscus Road.

The Public Works Director has notified this Board that the landscaping improvements for SD14-09341, have been completed, heretofore approved by this Board.

NOW, THEREFORE, BE IT RESOLVED that the landscape improvements have been COMPLETED as of June 24, 2025, thereby establishing the six-month terminal period for the filing of liens in case of action.

BE IT FURTHER RESOLVED that the San Ramon City Council shall accept the landscape improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. c: Jocelyn LaRocque -Engineering Services, Kellen O’Connor - Engineering Services, Devon Patel-Engineering Services, Theresa ShepherdDesign/Construction, Chris Lau-Maintenance, Chris Hallford-Mapping, Ciara Herrold-Finance, C. Low-City of San Ramon, Shapell Homes CONTRA COSTA COUNTY Page 2 of 2 Printed on 7/2/2025
powered by Legistar™

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Packet Pg. 47
Attachment: F - 06-24-25, C.140, RES25-210, SD14-09341 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) 1025 ESCOBAR STREET CONTRA COSTA COUNTY MARTINEZ, CA 94553 Legislation Details (With Text)
File #: RES 2025- Version: 1
211
Name:

Type: Consent Resolution Status: Passed
File created: 6/3/2025 In control: BOARD OF SUPERVISORS On agenda: 6/24/2025 Final action: 6/24/2025
Title: ADOPT Resolution No. 2025-211 accepting completion of landscape improvements without the need of a warranty period, for subdivision SD17-09299, for a project developed by Shapell Industries, Inc., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)
Attachments:

Date Ver. Action By Action Result Tally
6/24/2025 1 BOARD OF SUPERVISORS
To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Accepting completion of landscape improvements without the need of a warranty period for subdivision SD17-09299, San Ramon (Doughty Valley) area. ☒Recommendation of the County Administrator ☐ Recommendation of Board Committee RECOMMENDATIONS:

ADOPT Resolution accepting completion of landscape improvements without the need of a warranty period, for subdivision SD17-09299, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The developer has completed the landscape improvements without the need for an agreement and in accordance with Title 9. The landscape improvements have met the guaranteed performance standards for longer than would be required for a standard warranty period. The landscape improvements were not accepted when initially completed due to a mapping concern that has since been resolved.

CONSEQUENCE OF NEGATIVE ACTION:

The completion of landscape improvements will not be accepted. c: Jocelyn LaRocque -Engineering Services, Kellen O’Connor - Engineering Services, Devon Patel-Engineering Services, Theresa ShepherdDesign/Construction, Chris Lau-Maintenance, Chris Hallford-Mapping, Ciara Herrold-Finance, C. Low-City of San Ramon, Shapell Homes CONTRA COSTA COUNTY Page 1 of 2 Printed on 7/2/2025
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Attachment: G - 06-24-25, C.141, RES25-211, SD17-09299 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341) File #: RES 2025-211, Version: 1

THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board IN THE MATTER OF: Accepting completion of landscape improvements without the need of a warranty period, for subdivision SD17-09299, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II)
WHEREAS, these improvements are approximately located near Dougherty Road and Bergamot Lane.

The Public Works Director has notified this Board that the landscaping improvements for SD17-09299, have been completed, heretofore approved by this Board.

NOW, THEREFORE, BE IT RESOLVED that the landscape improvements have been COMPLETED as of June 24, 2025, thereby establishing the six-month terminal period for the filing of liens in case of action.

BE IT FURTHER RESOLVED that the San Ramon City Council shall accept the landscape improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. c: Jocelyn LaRocque -Engineering Services, Kellen O’Connor - Engineering Services, Devon Patel-Engineering Services, Theresa ShepherdDesign/Construction, Chris Lau-Maintenance, Chris Hallford-Mapping, Ciara Herrold-Finance, C. Low-City of San Ramon, Shapell Homes CONTRA COSTA COUNTY Page 2 of 2 Printed on 7/2/2025
powered by Legistar™

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Attachment: G - 06-24-25, C.141, RES25-211, SD17-09299 (2025-096 : Accepting Subs 9297, 9298, 9299, 9341)

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Vincent Santamaria, Associate Engineer
SUBJECT: RESOLUTION NO. 2025-097 - Authorizing the Mayor to Execute an Agreement with PlaceWorks, Inc. for Architectural Design and Consulting Services for the Crow Canyons Gardens Facilities Improvements Project (CIP 955421), in an Amount Not to Exceed $798,380 through June 30, 2027

EXECUTIVE SUMMARY
The Crow Canyon Gardens Facilities Improvements Project (CIP 955421) design and construction phasing was approved by the Parks and Community Services Commission on January 22, 2025. The next step of the project will be to focus on Phase 1 and 2 out of the five phases of work. The primary objectives for Phases 1 and 2 are to repurpose the Mudd's building, creating an open pavilion with a distinct "jewel box" room, and to construct a new outdoor kitchen and dining area. Phase 2 will also specifically address the construction of a new restroom, following an evaluation of options. A HazMat evaluation of the Mudd’s building was completed in March 2025 to guide its demolition and reuse planning. A Request for Qualifications was issued on July 18, 2025 for architectural design and consulting services. On August 1, 2025, staff received one (1) proposal. Upon reviewing the proposal, PlaceWorks Inc. (PlaceWorks) was determined to be the qualified consultant to perform these services. Staff recommends awarding the Agreement to PlaceWorks for the Crow Canyon Gardens Facilities Improvements Project (CIP 955421) to design Phase 1 and 2 for a contract amount of $798,380.

RECOMMENDED ACTION
Staff recommends adoption of this Resolution authorizing the Mayor to execute an Agreement with PlaceWorks, Inc. for Architectural Design and Consulting Services for the Crow Canyon Gardens Facilities Improvements Project (CIP 955421), in an amount not to exceed $798,380 through June 30, 2027.

BACKGROUND
Crow Canyon Gardens Park is in the northwest corner of San Ramon near the intersection of Park Place and Crow Canyon Road. The Park features a meadow, community garden allotments, demonstration gardens associated with the old Mudd’s Restaurant, access to Bollinger Creek and various structures. The Park is located near a series of bends in Bollinger Creek, which is on a

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deeply incised channel on the south, west, and east sides of the Park. A path leads down to the creek on the west side, while most of the creek bank is characterized by steep drop-offs.

Major renovations are needed to bring the park up to current standards and to make it more inviting and accessible for use by the public. The City Council and Parks and Community Services Commission have previously indicated that improvements should reflect the site’s natural setting, connect with the landscape environment and adjacent creek, and help maintain a serene environment where residents can connect and engage with nature.

The former Mudd’s Restaurant was conceived as a venue that would feature garden-to-table dining and incorporate the adjacent gardens. The restaurant ceased operations and fell into disrepair before being acquired by the City of San Ramon in November 2017 (Resolution 2017- 117). Various ideas to rehabilitate and reuse the structures and surrounding areas have been discussed and evaluated. City Council directed staff to investigate saving one room of the structure and other significant features to interpret the history of the site and keep the focus of the Park on nature and gardening.

The Crow Canyon Gardens Facilities Improvement Project (CIP 955421) was established to create a funding mechanism to evaluate and implement various improvements to the Park.

On November 9, 2021, the City Council approved Resolution No. 2021-130 appropriating $137,000 from the General Fund for PlaceWorks, Inc., the City’s landscape architect, to complete the Crow Canyon Gardens Master Plan and the associated phasing of the Project.

The scope of work for this phase of the Project was built around the vision articulated by the City Council for the renovation of the Crow Canyon Gardens that includes, as guiding elements:

1. Retaining a peaceful atmosphere, serene environment, and emphasis on nature.

2. Allowing for future classes, small events, and programs at Crow Canyon Gardens that should be focused on nature and the natural world and be kept at low levels as determined by the Parks and Community Services Department to ensure that the peaceful and serene environment is maintained.

On January 25, 2023, various options for the Crow Canyon Gardens Master Plan were presented to a joint meeting of the City Council and the Parks Commission. At that meeting, direction was provided to staff and PlaceWorks identifying the key elements that should be included in the final design.

On September 13, 2023, the Crow Canyon Gardens Master Plan was further refined by PlaceWorks and approved by the Parks and Community Services Commission. At that time, the preliminary estimated cost for construction (not including design, engineering or permit fees) of the Project was approximately $4,243,000.

As part of the recently adopted FY 25/26 Operating and CIP Capital Budget adoption, additional funds in the amount of $969,792 were appropriated to the Project from the City Beautification

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Fund. This added funding allows the City to move forward with the design and construction for phases 1 and 2.

A phasing plan for the Crow Canyon Gardens has been developed and approved by the Parks and Community Services Commission on January 22, 2025, achieving the vision of the Master Plan over a span of five-plus years as funds become available.

Phase 1: Due Diligence, Schematics, and Demolition
This phase will focus on the existing Mudd’s building and immediate surroundings to assess suitability for reuse and materials salvage, conduct a site assessment, develop a detailed basis of design to identify how to demolish building components while protecting elements to remain, and prepare bid documents for building demolition and salvage.

Phase 2: Building Renovation and Construction
In this task, the PlaceWorks team will prepare a detailed set of plans, specifications and estimates (PS&E) for renovation of the remaining pavilion, jewel box room, outdoor kitchen, and restroom, as well as associated site improvements for accessibility and infrastructure continuity.

Phase 3: Parking Lots, Connections, and Building Landscape This phase will redesign the parking lots at Park Place and next to Mudd’s to maximize capacity within site constraints, as well as the entry arch, paving and ADA connections, improvements to garden sheds, and landscaping at parking and building planters.

Phase 4: Park Landscaping & Pathways
Phase 4 will include new and renovated pathways to maximize accessibility, a new nature play area and central meadow, updated and refreshed gardens and plantings in key locations throughout the park, irrigation, new shaded picnic structure near the nature play and community gardens and shaded picnic areas among gardens and shaded creek canopy, enhanced planting and signage at the intersection of Park Place and Boardwalk Place, and additional community garden beds and irrigation.

Phase 5: Accessible Creek Trail
This phase will design and construct accessible creek trail/boardwalk from top of bank to lower creek bank. This work will require a creek trail area survey, Geotech investigation, and structural design.

DISCUSSION
On July 18, 2025, staff solicited Request for Qualifications to provide Architectural Design and Consulting Services. As a result, the following firm submitted a proposal:

1. PlaceWorks, Inc.

Due to the complexity of the project and multiple phases of design and construction, PlaceWorks was the only consultant to respond to the request for qualifications. PlaceWorks was assessed on the qualifications, education, and experience of the Architect of Record (project manager); the

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education and experience of the subordinate personnel that make up the project team; knowledge of local conditions; performance and experience on similar types of projects; references; the ability to meet the City’s insurance requirements; the overall quality of their proposal; hourly rates; and consider them a good fit for this project to move forward with design for phase 1 and

2. PlaceWorks has a comprehensive team including architectural, structural, electrical, plumbing, estimating, and preservation expertise. PlaceWorks also has previous experience at the site having completed work on the Crow Canyon Final Reuse and Parks Master Plan. Therefore, staff recommends that PlaceWorks be awarded a contract for the first and second phase of work in an amount not to exceed $798,380.

The scope of work for the first two phases of the Project involve significant enhancements to the existing site, including demolition, renovation, and new construction. Future phases will heavily depend on the availability of funds.

FISCAL ANALYSIS
The authorized project budget is $3,485,063.00 for the Crow Canyon Gardens Facilities Improvement Project (CIP 955421). The Project currently has an available balance of $3,173,875, which is funded by the City Beautification Fund in the amount of $969,792; General Fund in the amount of $137,000; Park Development Fund in the amount of $2,349,919; and San Ramon Historic Foundation donation in the amount of $28,532. There are sufficient funds in the Project to fund the work issued under this Agreement.

STEPS FOLLOWING APPROVAL

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

2. Upon receipt of the executed Agreement, certificates of insurance, and copies of a current City business license, the City Attorney’s Office will send a copy of the executed Contract Agreement and all attachments to the Public Works - Engineering Services Division.

3. Staff will then issue a Notice to Proceed.

ATTACHMENT(S)
A - Crow Canyon Gardens Final Reuse and Park Master Plan 20231003 B - Crow Canyon Gardens Design and Construction Phasing Plan C - Crow Canyon Gardens Renovation Project Phase 1 and 2 Design and Construction Cost and Scope

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RESOLUTION NO. 2025-097

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

AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
PLACEWORKS, INC. FOR ARCHITECTURAL DESIGN AND CONSULTING

SERVICES FOR THE CROW CANYONS GARDENS FACILITIES IMPROVEMENTS PROJECT (CIP 955421), IN AN AMOUNT NOT TO EXCEED $798,380 THROUGH JUNE 30, 2027
WHEREAS, Crow Canyon Gardens Park is located in the northwest corner of San Ramon near the intersection of Park Place and Crow Canyon Road; and WHEREAS, Major renovations are needed to bring the park up to current standards and to make it more inviting and accessible for use by the public; and WHEREAS, The City Council and Parks and Community Services Commission have previously indicated that improvements should reflect the site’s natural setting, connect with the landscape environment and adjacent creek, and help maintain a serene environment where residents can connect and engage with nature; and
WHEREAS, On November 9, 2021, the City Council approved Resolution No. 2021- 130 appropriating $137,000 from the General Fund for PlaceWorks, Inc., the City’s landscape architect, to complete the Crow Canyon Gardens Master Plan and the associated phasing of the Project; and
WHEREAS, On January 25, 2023, various options for the Crow Canyon Gardens Master Plan were presented to a joint meeting of the City Council and the Parks Commission, and the Council and Commission gave direction to staff and PlaceWorks, identifying the key elements to be included in the final design; and
WHEREAS, On September 13, 2023, the Crow Canyon Gardens Master Plan was further refined by PlaceWorks and approved by the Parks and Community Services Commission.

At that time, the preliminary estimated cost for construction (not including design, engineering or permit fees) of the Project was approximately $4,243,000; and WHEREAS, A phasing plan for the Crow Canyon Gardens has been developed and approved by the Parks and Community Services Commission on January 22, 2025, achieving the vision of the Master Plan over a span of five-plus years as funds become available; and WHEREAS, the City desires to obtain Architectural Design and Consulting Services for the Crow Canyon Gardens Facilities Improvement Project (CIP 955421); and WHEREAS, on July 18, 2025, the City solicited the Request for Qualifications for Architectural Design and Consulting Services; and

5.7 Packet Pg. 54
WHEREAS, on August 1, 2025, staff received one Proposal, and completed the consultant selection process to determine the most qualified firm to perform said services; and WHEREAS, PlaceWorks, Inc. is qualified and able to perform such services, has been recommended by staff, and has submitted to the City a Proposal setting forth the terms and conditions under which the firm is willing to perform such services; and WHEREAS, the project has an authorized project budget of $3,485,063 for the Crow Canyon Gardens Facilities Improvement Project (CIP 955421) sufficient to fund the work under this agreement.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Ramon does hereby authorize the Mayor to execute an Agreement with PlaceWorks for Architectural Design and Consulting Services for the Crow Canyon Gardens Facilities Improvement Project (CIP 955421), in an amount not to exceed $798,380.

PASSED, APPROVED AND ADOPTED at the meeting of August 12, 2025 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Mark Armstrong, Mayor
ATTEST:
___________________________
Christina Franco, City Clerk

5.7 Packet Pg. 55
Top of Creek Bank
Green Waste Container
Nature Play
Compost
Meadow Orchard
Picnic
Picnic
Picnic
Tool Shed
Community
Garden Beds
Existing
Community
Garden Beds
Garden
Entry
Arch
ADA Accessible Creek
Boardwalk and Trail
Renovated
Parking Lot
Renovated
Parking Lot
Ornamental Edibles
Native Central
Oak Woodland
Demenstration Garden
ADA Parking and Aisle
ADA Parking and Aisle Entry Sign and Garden
Vehicle Access
Planting Buffer and Fence
Renovated Building
and Pavillion
Nature Trail
Non-Maintained
Native Central
Oak Woodland
Park Entry Arch
Volunteer
Gardeners
Shed Restroom
Greenhouse
Public Works Storage Shed
ADA and Service
Driveway
Shaded Picnic Structure
Pollinators Garden
Creek
Viewing Area
Creek
Entry Arch
Outdoor Kitchen and Picnic Area
Accessible Perimeter Walking Path
Bollinger Canyon Creek

CROW CANYON RD

PARK PLACE

BOARDWALK PLACE
Final Reuse and Park Master Plan 10/03/23

CROW CANYON GARDENS
40 80 160 feet
N

5.7.a
Packet Pg. 56
Attachment: A - Crow Canyon Gardens Final Reuse and Park Master Plan 20231003 (2025-097 : Crow Canyon

5.7.b
Packet Pg. 57
Attachment: B - Crow Canyon Gardens Design and Construction Phasing Plan (2025-097 : Crow Canyon Phase 1 - Due Diligence, Schematics
and Demolition - $664,000
 Focus on the existing Mudd’s building and immediate
surroundings to assess suitability for reuse and materials salvage, conduct a site assessment, develop a detailed basis of design to identify how to demolish building components while protecting elements to remain, and prepare bid
documents for building demolition and salvage.
 The consultant fees in this initial phase will include upfront costs for more detailed site assessment and due diligence including a detailed building survey and
assessment, a HazMat evaluation of the Mudd’s building, and geotechnical investigation.

5.7.c
Packet Pg. 58
Attachment: C - Crow Canyon Gardens Renovation Project Phase 1 and 2 Design and Phase 2
Building Renovation and
Construction - $2,009,000
 Preparation of a detailed set of plans,
specifications and estimates (PS&E) for
renovation of the remaining pavilion, jewel
box room, outdoor kitchen, and restroom, as
well as associated site improvements for
accessibility and infrastructure continuity. Fees
include bidding and construction support and
relocation of the PG&E transformer.

5.7.c
Packet Pg. 59
Attachment: C - Crow Canyon Gardens Renovation Project Phase 1 and 2 Design and

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Denton Carlson, Police Chief
By: Jennifer Vasquez, Analyst
SUBJECT: RESOLUTION NO. 2025-098 - Authorizing the City Manager to Execute a Purchase Order with Motorola Solutions, Inc. in an Amount Not to Exceed $530,000 for Replacement Portable Radios

RECOMMENDED ACTION
Staff recommends the adoption of this Resolution authorizing the City Manager to execute a Purchase Order with Motorola Solutions, Inc. (Motorola) for replacement portable radios used by police personnel for public safety communications.

BACKGROUND/DISCUSSION
Since December 2010, the City of San Ramon has been a member of the East Bay Regional Communications System Authority (EBRCSA) which owns and maintains an interoperable digital radio communications system (C2010-75). On April 10, 2012, City Council adopted Resolution No. 2012-036, authorizing the City Manager to approve the original purchase of P-25 compliant radios from Motorola.

The current number of citywide radios is 195 and the San Ramon Police Department is the system's primary user for the City of San Ramon. It has been determined that 72 of these radios have reached their end of life and require replacement as Motorola no longer supports them. The key features of the replacement Motorola radios are reliable connectivity, enhanced audio, voice, and data quality, and efficient communications among users with its extended battery life and bluetooth capability. The radios also include a proprietary Windows based application for configuration and programming to ensure security encryption that is certified compliant with the P25 standard requirements on the EBRCSA system. The City’s remaining 123 radios are currently supported by Motorola and continue to meet the required level of functionality for interoperability so it is anticipated they will not need to be replaced until seven to ten more years.

The City's Purchasing Policy (Purchasing Policy) requires City Council approval for expenditures over $100,000. In addition, the Purchasing Policy requires open market purchases of equipment in an amount exceeding $15,000 to be based on at least three (3) price quotations and awarded to whichever price quotation is most advantageous to the City.

Staff is requesting a sole source exemption from the three (3) price quotation requirement

5.8 Packet Pg. 60
because Motorola radios can only be obtained through Motorola directly and Motorola radios are the only public safety radios that meet compatibility and compliance requirements for the EBRCSA system. EBRCSA is a P-25 compliant digital communications system manufactured by Motorola, providing interoperability for emergency responders and others on the system in Alameda and Contra Costa counties. The system is a Motorola Astro 25 SmartZone Project 25 700/800 MHz system. Motorola has discontinued allowing resellers from selling to agencies on the EBRCSA network, and has become the exclusive vendor of these radios. Motorola and EBRCSA have negotiated discounted pricing for all agency purchase orders.

FISCAL ANALYSIS
The total cost of the radios is $530,000 and had been previously approved by the City Council as part of the Five-Year Capital Improvement Program as Project #400014. (FY2526 Operating and Capital Budget approved May 27, 2025).

STEPS FOLLOWING APPROVAL
Issue a Purchase Order not to exceed $530,000 to Motorola for 72 portable radios.

5.8 Packet Pg. 61
RESOLUTION NO. 2025-098

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH MOTOROLA SOLUTIONS, INC. IN AN AMOUNT NOT TO EXCEED $530,000 FOR

REPLACEMENT PORTABLE RADIOS
WHEREAS, the public safety radios in use by the San Ramon Police Department operate as members of the East Bay Regional Communications Systems Authority (EBRCSA); and
WHEREAS, the City Council of the City of San Ramon previously approved funding for these EBRCSA-compliant and compatible portable radios from Motorola Solutions Inc. by Resolution No. 2012-036 (CIP Project #400014) during the adoption of the Fiscal Year 2025- 2026 Operating and Capital Budget; and
WHEREAS, 72 of the portable radios have reached their end of life; and WHEREAS, Motorola is deemed a sole source vendor because they are the only vendor that sells the radios which are certified compliant with P25 standards and compatible with the EBRCSA system.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the City Manager to execute a Purchase Order with Motorola Solutions, Inc. for the purchase of portable radios in an amount not-to-exceed $530,000.

PASSED, APPROVED, AND ADOPTED, at the meeting of August 12, 2025, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Mark Armstrong, Mayor
ATTEST:

Christina Franco, City Clerk

5.8 Packet Pg. 62

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Denton Carlson, Police Chief
By: Jennifer Vasquez, Analyst
SUBJECT: RESOLUTION NO. 2025-099 - Authorizing the Mayor to Execute a TwoYear Memorandum of Understanding with the San Ramon Valley Unified School District for Crossing Guard Services Beginning July 1, 2025 and Ending June 30, 2027 for an Annual Amount of $135,205 Not to Exceed a Total Cumulative Amount of $270,410

RECOMMENDED ACTION
Staff recommends the approval of this Resolution authorizing the Mayor to execute a Two-Year Memorandum of Understanding (MOU) with the San Ramon Valley Unified School District for the school Crossing Guard services beginning on July 1, 2025 and ending on June 30, 2027.

BACKGROUND/DISCUSSION
Since 2007, the City of San Ramon (City) and the San Ramon Valley Unified School District (District) agreed to have the District provide crossing guard services at elementary and middle schools and the City reimbursing the District for the costs. The service provided by the District includes hiring, training, and equipping all crossing guards at thirteen school sites within the City. The 13 schools include Pine Valley and Gale Ranch middle schools and the following 11 elementary schools: Bella Vista, Bollinger, Coyote Creek, Golden View, Hidden Hills, Live Oak, Montevideo, Neil Armstrong, Quail Run, Twin Creeks, and Walt Disney.

FISCAL IMPLICATIONS
The total agreement amount is not to exceed $270,410 includes the cost to staff crossing guards at thirteen schools in the City of San Ramon for two years. This expenditure was approved in the FY 2025/26 Operating Budget.

STEPS FOLLOWING APPROVAL
Staff will finalize the execution of the MOU and process payment.

5.9 Packet Pg. 63
RESOLUTION NO. 2025-099

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

AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR MEMORANDUM OF

UNDERSTANDING WITH THE SAN RAMON VALLEY UNIFIED SCHOOL
DISTRICT FOR CROSSING GUARD SERVICES BEGINNING JULY 1, 2025 AND ENDING JUNE 30, 2027 FOR AN ANNUAL AMOUNT OF $135,205 NOT TO EXCEED A TOTAL CUMULATIVE AMOUNT OF $270,410
WHEREAS, the City of San Ramon (CITY) and San Ramon Valley Unified School District (DISTRICT) have engaged in a school Crossing Guard Program since 2007; and WHEREAS, the CITY will reimburse the DISTRICT for the cost of hiring, training and equipping crossing guards at thirteen school sites in the City of San Ramon; and WHEREAS, the thirteen school sites in the City of San Ramon include Pine Valley and Gale Ranch middle schools and the following 11 elementary schools: Bella Vista, Bollinger, Coyote Creek, Golden View, Hidden Hills, Live Oak, Montevideo, Neil Armstrong, Quail Run, Twin Creeks, and Walt Disney.

WHEREAS, the City Council has authorized the Mayor to enter into a Memorandum of Understanding (MOU) for school Crossing Guard services at Elementary and Middle Schools within San Ramon for by adopting this Resolution.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Ramon does hereby authorize the Mayor to execute an MOU with the San Ramon Unified School District for two School Years, 2025-26 and 2026-27, for an amount not to exceed $270,410 beginning July 1, 2025, and ending June 30, 2027.

PASSED, APPROVED AND ADOPTED at the meeting of August 12, 2025 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Mark Armstrong, Mayor

5.9 Packet Pg. 64
ATTEST:
_________________________
Christina Franco, City Clerk

5.9 Packet Pg. 65

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Christina Franco, City Clerk
By: Christina Franco, City Clerk
SUBJECT: Determination of Planning Commission Applicants to Interview

RECOMMENDED ACTION
Staff recommends that the City Council review the applications and determine which applicants to interview at a special City Council meeting on August 14, 2025.

BACKGROUND/DISCUSSION
The Planning Commission is comprised of five members with staggered terms. Three of those terms expired in June 2025.

On June 28, 2025, the City Council interviewed candidates for the three upcoming vacancies.

Two individuals were appointed to the Commission, while one position remains vacant.

Staff were directed to reopen recruitment for the remaining vacancy. Applications will be reviewed by the City Council, who will then select candidates to invite for interviews. To support the recruitment process, the City Clerk's Office posted the vacancy on the City's website and social media platforms to encourage applications.

A total of five applications were received by the June 31, 2025 deadline from Bruce Allls, Abhijit Banerjee, Satyanarayana Jasty, Don Yakulis, and Max Zhang. One applicant, Satyanarayana Jasty, withdrew their application on August 8, 2025.

FISCAL ANALYSIS
None.

STEPS FOLLOWING APPROVAL
Staff will notify the selected applicants that they are invited to interview before the City Council during a special meeting scheduled for August 14, 2025.

8.1 Packet Pg. 66

ATTACHMENT(S)
Planning Commission Applications

8.1 Packet Pg. 67
From: [email protected]
To: Joan Snashall
Subject: Planning Commission Application 2025-07-31 09:51 AM(PST) Submission Notification Date: Thursday, July 31, 2025 9:51:18 AM
***| EXTERNAL EMAIL: Think before you click and do not open attachments unless you know they are safe. |***
Planning Commission Application 2025-07-31 09:51 AM(PST) was submitted by Guest on 7/31/2025 12:51:09 PM (GMT-08:00) US/Pacific
Name Value
fullname BRUCE DANIEL ALLS jr
cellphone
primaryphone cellprimary
firstname Bruce
businessphone
middlename Daniel
homephone
lastname Alls Jr
address1
email
address2 Enter Address Line 2
Gender male
city SAN RAMON
state CA
zip 94583
18years yes
policeacademy
planacademy
gov101
none none
residency 3
experience
I have over a decade of experience in project management and construction, including time spent at AT&T in Atlanta, where I led crossfunctional teams and managed complex, deadline-driven initiatives. My work has always involved balancing priorities, engaging stakeholders, and navigating regulatory frameworks—all highly relevant to city planning.

Since moving to San Ramon over three years ago, I’ve become more involved in the community through youth sports, particularly coaching and supporting my children’s teams in Bollinger Canyon Little League. These roles have given me a front-row seat to the way land use, traffic, and city

8.1.a
Packet Pg. 68
Attachment: Planning Commission Applications (2025-32 : PC Application Review) infrastructure affect daily life for families in our area. I’m passionate about preserving the city’s character while planning responsibly for the future. occupation Project Manager
companyname Govan Associates
position Forensic Construction Consultant
availability open
edu-exp
I hold a Bachelor’s degree in Construction Management from San Jose State University and am a certified Project Management Professional (PMP). My professional background includes more than a decade of experience managing large-scale construction and infrastructure projects, where I led multi-disciplinary teams through complex, time-sensitive initiatives. In addition to my professional work, I’ve spent the past few years becoming more engaged in the San Ramon community through youth athletics and local civic issues. My combined background in technical project execution and community involvement equips me to thoughtfully evaluate planning proposals and contribute meaningfully to the Commission’s work.
goodcandidate
I bring a strong background in construction management, project coordination, and community involvement. With years of experience overseeing complex projects—from pre-construction through completion —I understand how land use, infrastructure, and design decisions affect both short- and long-term outcomes for a city. As a San Ramon resident for the past three and a half years and a parent of three children, I’m personally invested in the thoughtful development of our community. I stay engaged through youth sports and local events and have a solid understanding of the balance between growth, livability, and preserving neighborhood character. I’m detail-oriented, collaborative, and committed to making fair, informed decisions that serve the public interest. planning_zoning
Through my professional background in construction management and forensic construction, I’ve developed a solid working knowledge of planning, zoning, and building code requirements. I’ve worked directly with city departments, architects, and engineers to interpret zoning ordinances, apply for permits, and ensure projects align with both municipal regulations and community standards. Additionally, I stay informed on local planning issues in San Ramon, including new development proposals, infrastructure impacts, and public input processes.

While I’m not a land use planner by title, I bring practical, on-the-ground experience with how zoning decisions affect real projects, neighborhoods, and residents—and I’m eager to apply that understanding in a public service role.
contribution
The most important contribution I can make is bringing a grounded, practical perspective that bridges technical knowledge with community needs. With my background in construction and project oversight, I understand how planning decisions translate into real-world impacts—on traffic, infrastructure, housing, and neighborhood character. As a parent and resident of San Ramon, I’m deeply invested in preserving the quality of life for families while planning for sustainable growth. I can help ensure decisions are balanced, thoughtful, and transparent—rooted in facts, but

8.1.a
Packet Pg. 69
Attachment: Planning Commission Applications (2025-32 : PC Application Review) also guided by the values of the people who live here. I’m committed to being a listener, a problem-solver, and a steady voice focused on the longterm well-being of our city. growth
I believe growth is both necessary and inevitable—but it has to be managed responsibly. As someone who works in construction and lives in San Ramon with my family, I understand the pressures of expanding infrastructure, housing demand, and preserving quality of life. Smart growth means making sure development aligns with community values, supports local services, protects open space, and enhances livability—not just increasing density for the sake of it. I support thoughtful planning that addresses long-term needs, prioritizes sustainability, and ensures that growth benefits both current and future residents.

To view this form submission online, please follow the link below:
https://www.sanramon.ca.gov/form/one.aspx?
objectId=20931650&contextId=15069077&returnto=submissions

8.1.a
Packet Pg. 70
Attachment: Planning Commission Applications (2025-32 : PC Application Review) From: [email protected]
To: Joan Snashall
Subject: Planning Commission Application 2025-07-31 04:10 PM(PST) Submission Notification Date: Thursday, July 31, 2025 4:10:46 PM
***| EXTERNAL EMAIL: Think before you click and do not open attachments unless you know they are safe. |***
Planning Commission Application 2025-07-31 04:10 PM(PST) was submitted by Guest on 7/31/2025 7:10:37 PM (GMT-08:00) US/Pacific
Name Value
fullname Abhijit Banerjee
cellphone
primaryphone cellprimary
firstname Abhijit
businessphone
middlename
homephone
lastname Banerjee
address1
email
address2 Enter Address Line 2
Gender male
city San Ramon
state CA
zip 94582
18years yes
policeacademy policeacademy
planacademy planacademy
gov101 gov101
none
residency 6 Years
experience
occupation Product & Engineering Leader
companyname Salesforce
position Product Leader
availability
Available Weekdays Evenings (and afternoons if needed) and Weekends to meet and discuss issues brought forth to Planning Commission for their inputs
My professional experience as a Product Leader provides a strong

8.1.a
Packet Pg. 71
Attachment: Planning Commission Applications (2025-32 : PC Application Review) edu-exp
foundation in strategic planning, data analysis, problem solving and effective stakeholder management - all skills essential for the Planning Commission. Beyond my career, I have actively sought to educate myself on local governance and planning by attending the City of San Ramon’s programs, including the Citizens Police Academy, Planning Academy, and San Ramon Government 101. This formal education has been supplemented by direct community leadership. As the President of my Homeowners Association (HOA), I have gained hands-on experience in community administration and the practical application of local regulations. My commitment to community service extends to various volunteer efforts, such as organizing events for National Night Out, teaching Hindi language at Chinmaya Mission, and participating in local park and beach cleanups. I am also a recognized proponent of renewable technology and have been commended by the "Save our Soil Foundation" for my commitment to zero green waste, which I believe could benefit our city's open spaces.
goodcandidate
My candidacy for the Planning Commission is rooted in a deep, longstanding appreciation for the City of San Ramon's unique character and a proven commitment to community service. Since my first professional interactions at Bishop Ranch in the late 1990s, I have been impressed by San Ramon’s thoughtful balance of economic growth and quality of life.

This led me to fulfill a dream of moving here in 2019, where I have since immersed myself in the community. My participation in the Citizens Police Academy, Planning Academy, and San Ramon Government 101 has provided me with a strong foundational knowledge of city governance.

This insight, combined with my professional experience as a Product Leader and my role as a Homeowners Association (HOA) President, gives me a unique perspective on both strategic, long-term planning and the practical, day-to-day needs of our residents. I am a dedicated community member who is eager to contribute my skills and passion to ensure San Ramon continues to thrive.
planning_zoning
My knowledge of planning and zoning is a blend of formal education and practical, hands-on experience. I have an expanded understanding of local city governance through my participation in the San Ramon Planning Academy and San Ramon Government 101. These programs provided me with a comprehensive overview of the city's master plan, zoning ordinances, and the processes by which they are administered. On a practical level, as the President of my Homeowners Association, I am directly involved in enforcing community standards and ensuring compliance with local regulations, which often involves interpreting and applying principles related to land use and community aesthetics. Prior to moving to San Ramon, I worked very closely with City of Fremont Planning Department, to design and build extension to my former home - giving me a first hand knowledge and understand of the various city and building codes. My experience also extends to a broader appreciation for infrastructure, traffic management, and the preservation of open spaces— all key components of effective planning and zoning.

My most important contribution as a member of the Planning Commission would be to bring a balanced, value-driven perspective that prioritizes

8.1.a
Packet Pg. 72
Attachment: Planning Commission Applications (2025-32 : PC Application Review) contribution
sustainable growth and community quality of life. I would be a vocal proponent for initiatives that align with my belief in responsible growth and environmental stewardship, such as promoting effective use of land and open spaces and bringing in ideas to have the least environmental footprint. My goal is to serve as a bridge between the city’s administrative vision and the concerns of its citizens, ensuring that new developments and policies not only support our city's economic vitality but also protect the small-town character, great schools, and community feel that draw people here. I would work tirelessly to ensure that our decisions are wellreasoned, transparent, and in the best long-term interest of all San Ramon residents.
growth
I have a very positive but measured attitude toward growth. I believe that thoughtful, well-managed growth is essential for a city's vibrancy and prosperity. San Ramon serves as a testament to this, as it has masterfully grown into a bustling corporate and residential hub without compromising its exceptional quality of life. In this context, I am keenly aware of the current housing shortage and the mandate of California's Regional Housing Needs Allocation (RHNA), which requires cities to comply with targeted housing numbers to avoid risking funding cuts. My priority is to support growth that is not just about expansion, but about enhancement—creating a more livable, sustainable, and inclusive city. I will be sensitive to this issue to ensure San Ramon can be more socio-economically inclusive and make housing more affordable, without compromising the growth and quality of life that our city is known for. I would approach each new planning decision with the mindset of building upon our existing strengths and ensuring that we continue to provide the unique combination of corporate opportunity, small-town charm, and community services that I was so impressed with 25 years ago and that still exists today.

To view this form submission online, please follow the link below:
https://www.sanramon.ca.gov/form/one.aspx?
objectId=20932787&contextId=15069077&returnto=submissions

8.1.a
Packet Pg. 73
Attachment: Planning Commission Applications (2025-32 : PC Application Review) From: [email protected]
To: Joan Snashall
Subject: Planning Commission Application 2025-07-09 09:55 PM(PST) Submission Notification Date: Wednesday, July 9, 2025 9:55:31 PM
***| EXTERNAL EMAIL: Think before you click and do not open attachments unless you know they are safe. |***
Planning Commission Application 2025-07-09 09:55 PM(PST) was submitted by Guest on 7/10/2025 12:55:22 AM (GMT-08:00) US/Pacific
Name Value
fullname Donald
cellphone
primaryphone cellprimary
firstname Don
businessphone
middlename Erik
homephone
lastname Yakulis
address1
email
address2 Enter Address Line 2
Gender male
city San Ramon
state CA
zip 94582
18years yes
policeacademy
planacademy
gov101
none none
residency 20 years
experience
25+ year career as a Corporate Development professional leading global M&A Integration activity for companies such as Synopsys, Cisco, Nokia, SAP and Visa. Extensive experience collaborating across a multitude of functions including HR, Finance, Technology, Product Management, Risk, Compliance, Audit, Legal, Communications and Real Estate and Facilities.

Significant experience reviewing contracts and agreements including lease agreements and city planning requirements. Coordinated a $3M+ build out of a development site at Nokia's Mountain View headquarters with significant interface with third party contractors and city planners. Key

8.1.a
Packet Pg. 74
Attachment: Planning Commission Applications (2025-32 : PC Application Review) member of design team for space planning related to several Visa acquisitions Actively involved in community clean up of Iron Horse trail, served as parent leader of weekly sessions for a group of community students involved in Destination Imagination for two years, parent volunteer coach for Canyon Creeks and Bollinger Canyon Little league for three years, parent coach for Next Level football for community students for 7 years.
occupation Retired
companyname Previously Visa, Inc.
position VP, Global Head of M&A Integration; VP, Global Business Operations availability Flexible weekdays & weekends, days and evenings edu-exp
MBA, University of Southern California Master's in physical therapy, Washington University St. Louis, MO. Dual bachelor's degree in Kinesiology & Psychology, UCLA
goodcandidate
My ability to listen and engage collaboratively with a variety of constituents from various backgrounds and levels of expertise. Throughout my career in Corporate Development, I've learned how to effectively interact with senior leadership and individual contributors across organizations. In my prior roles, I've had to quickly learn various industries and become knowledgeable in a variety of areas in order to speak intelligently and influence decision makers who are experts in their domain. As a leader of over 55 M&A acquisition integrations I've led teams, influenced decisions, made tough decisions and managed large scale projects to specific objectives while taking into account various facts, insights and perspectives. These experiences I believe, will allow me to similarly, be part of a Planning Commission team that will help guide and influence the future growth and development of the San Ramon community which I've been a member of for the last 20 years. I have a vested interest in the community's growth as a homeowner and want to ensure we grow effectively for the benefit of the community and generations to come
planning_zoning
My M&A experience has required me to work directly with Real Estate and Facility experts as well as city planning and zoning departments to ensure facilities meet strict local build, planning, security (physical and logical), zoning and aesthetic regulations and requirements. This includes facilities in various US states as well as internationally in Europe and Asia.

As a result, I have insight into various planning and zoning requirements and am familiar with reviewing related contracts, agreements and policies and as a result, can quickly come up to speed on requirements and proposals well as remain current with changes to planning and zoning policies contribution
contribution
I've lived in the community for 19 years and have seen first hand the community's growth and development. As a result, I can lend insights to the positives and opportunities to further improve development in the community over time. Additionally, I have extensive professional experience taking in account various points of view, influencing decision makers, distilling complex initiatives and problems into manageable tasks and most of all have learned the importance of listening. These experiences

8.1.a
Packet Pg. 75
Attachment: Planning Commission Applications (2025-32 : PC Application Review) will all me to contribute significantly to the dialogue, assessment and decision making needed as a member of the Planning Commission to ensure the positive future growth of the Community
growth
One of positivity, challenge and optimism. Growth can serve the community well if done in the right way taking into account the needs of the various community constituents including its citizens, schools and small, medium and corporate enterprises. Growing the community is important while ensuring we balance the need for open space, parks and recreation while minimizing congestion, ensuring positive aesthetics and fiscal success
To view this form submission online, please follow the link below:
https://www.sanramon.ca.gov/form/one.aspx?
objectId=20906804&contextId=15069077&returnto=submissions

8.1.a
Packet Pg. 76
Attachment: Planning Commission Applications (2025-32 : PC Application Review) From: [email protected]
To: Joan Snashall
Subject: Planning Commission Application 2025-07-30 04:44 PM(PST) Submission Notification Date: Wednesday, July 30, 2025 4:44:35 PM
***| EXTERNAL EMAIL: Think before you click and do not open attachments unless you know they are safe. |***
Planning Commission Application 2025-07-30 04:44 PM(PST) was submitted by Guest on 7/30/2025 7:44:26 PM (GMT-08:00) US/Pacific
Name Value
fullname Max Zhang
cellphone
primaryphone cellprimary
firstname Max
businessphone
middlename
homephone
lastname Zhang
address1
email
address2 Enter Address Line 2
Gender male
city San Ramon
state CA
zip 94582
18years yes
policeacademy policeacademy
planacademy
gov101 gov101
none
residency Since 2007
experience
I’m a researcher at a nonprofit that helps make housing in the Bay Area more affordable. My job is to identify the causes and effects of high housing costs, explore policy reforms that can bring costs down, and explain what I find to a wide audience. In practice this means I’ve done extensive analysis of city- and county-level Census Bureau data, coauthored several housing reports for Sonoma and Napa County, and given technical advice to jurisdictions reforming their impact fee policy.

I’ve also spoken about my findings at educational events to audiences of hundreds—including elected officials, governmental staff, housing

8.1.a
Packet Pg. 77
Attachment: Planning Commission Applications (2025-32 : PC Application Review) developers, nonprofit directors, journalists, and ordinary citizens—and earned praise for my engaging presentation style. In previous jobs I have performed data analysis for a federal contractor investigating Medicare fraud; coauthored a research paper studying the effects of Proposition 13 on property tax burden across the state; and helped teach an upper division university class on statistical programming.
occupation Policy research and data analysis
companyname Generation Housing
position Senior Research Manager
availability Available as needed
edu-exp Bachelor of Arts (BA), dual majors in Economics and Statistics. University of California, Berkeley, 2019–2022.
goodcandidate
I’m really passionate about planning! I read books about urban planning in my free time, I love to observe land use patterns, infrastructure, building typologies, and neighborhood dynamics while visiting other places, and after graduating college I made sure to find a job where I’d get to learn more about California’s most important planning challenge—affordable housing. Additionally, I have a great understanding of the responsibility of the Planning Commission. Commissioners must be intimately familiar with the Commission’s by-laws, the City’s Housing Element and General Plan, the City’s specific plans and master plans, the Zoning Ordinance and other relevant parts of the Municipal Code, the City’s objective design and development standards, the Climate Action Plan, ever-changing state law, current and upcoming projects, and of course, the contents of that meeting’s packet. They must also communicate clearly and maintain working relationships with fellow commissioners, councilmembers, staff, applicants, and residents, all in order to effectively carry out the General Plan. I’ve proved my ability to take on these responsibilities through my participation in the City’s public meetings. I’ve attended nearly every Planning Commission, City Council, and Architectural Review Board meeting since the start of this year and I come prepared by visiting project sites and reviewing the agenda packet and relevant planning documents ahead of time. At meetings I observe how commissioners make their decisions, offer public comment when I feel compelled to speak up, and have conversations with commissioners, staff, applicants, and fellow residents after adjournment. As a commissioner, I’d double down on my commitment by further studying the City’s planning documents, keeping closer tabs on current and upcoming projects, and holding even more conversations with residents, applicants, and staff. Finally, as a young but longtime resident I would bring increased representation of young residents’ needs to the Commission while still balancing those against the concerns of older residents who’ve also lived in San Ramon for decades.

I’ve learned a lot about the practicalities of planning through my work and my participation in public meetings. Most of the remainder of what I know about planning history, theory, and practice comes from the following books: Order without Design by Alain Bertaud. The Death and Life of Great American Cities, The Economy of Cities, and Cities and the Wealth of Nations by Jane Jacobs. The Power Broker by Robert A. Caro. Making

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Attachment: Planning Commission Applications (2025-32 : PC Application Review) planning_zoning
City Planning Work by Allan B. Jacobs. The Transformation of San Francisco by Chester Hartman. Suburban Nation by Andres Duany, Elizabeth Plater-Zyberk, and Jeff Speck. The Practice of Local Government Planning by the ICMA. City of Quartz by Mike Davis. A Paradise of Small Houses by Max Podemski. Paved Paradise by Henry Grabar. Golden Gates by Conor Dougherty. Abundance by Ezra Klein and Derek Thompson. I'm still learning and have many more planning books on my reading list! I’ve applied what I’ve learned from these books—as well as countless reports, research papers, news articles, videos, and blog posts—to what I see in real life. For example, I’ve learned to notice the effects of single-use zoning on neighborhood activity, observe the relationship between land value, accessibility, and development intensity, read the history of a city’s development from its road network and land use patterns, and evaluate the success or failure of large-scale, public redevelopment projects. Lastly, I must credit the knowledge and experience passed onto me by my parents, both of whom were once practicing urban planners and researchers in Shanghai and Chicago. Over the years they’ve influenced my thoughts on the role of planning, taught me how to judge architecture and urban design, and passed on lessons learned from their own planning careers.
contribution
As a commissioner, I’ll offer a perspective informed by data, theory, and community input. Data about local housing, population, jobs, mobility, and finances is abundant. I have the technical skill to analyze this data and offer it to the Commission when making decisions on projects or revising plans. In order to act upon data, we also need sound theory. I’ll use my knowledge of urban planning and urban economic theory, developed by reputable researchers and practitioners, to ensure plans and policies developed by staff and the Commission can accomplish their stated objectives. Finally, I’ll ensure the data and theory I offer always serves the interests of the community. I’ll have conversations with residents of all kinds so that I can be certain the decisions I make will improve their lives and address their concerns. I’ll also use my communication and presentation skills, along with any relevant data points or theories, to educate residents and explain City policies and Commission decisions in a way that’s clear, transparent, and engaging.
growth
Growth, or change more generally, is natural and not inherently good nor bad. Growth can bring many good things, like increased economic activity and opportunity, a more secure tax base for funding public services, timely adaptation of old land uses for new and better uses, and more diverse retail and housing. It can also bring many bad things, like increased congestion and traffic, rapid displacement of existing residents and businesses, the loss of nature and open space, and social and economic upheaval. It’s our responsibility to ensure that we maximize the benefits we earn from growth while minimizing the harms. While this isn’t easy, it’s doable and necessary. Change and growth is inevitable, meaning we shouldn’t resist it nor should we not prepare for it. If we want San Ramon to be and remain safe, affordable, accessible, sustainable, and beautiful, we instead have to accept and adapt to growth.

To view this form submission online, please follow the link below:

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Attachment: Planning Commission Applications (2025-32 : PC Application Review) https://www.sanramon.ca.gov/form/one.aspx?
objectId=20931155&contextId=15069077&returnto=submissions

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Attachment: Planning Commission Applications (2025-32 : PC Application Review)

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Brian Bornstein, Public Works Director
By: Satnum Kaur, Senior Civil Engineer
SUBJECT: RESOLUTION NO. 2025-100 - Public Hearing: Pursuant to Streets and Highways Code Section 8324 - Consideration of Vacation of the Relinquishment of Abutter’s Rights in Lot 5 of Subdivision 4583, Commonly Known as 9000 Alcosta Boulevard, Associated with the Aspenwood Apartments Project (Housing on Merit XXII LLC)

EXECUTIVE SUMMARY
The Aspenwood Apartments Project (the “Project”) is an affordable senior housing development located at 9000 Alcosta Boulevard (the “Property”). As a Condition of Approval for the Project, Housing On Merit XXII LLC (the “Property Owner”), was required to expand the access to the site to accommodate the reconfigured driveway on Alcosta Boulevard. The previous owner relinquished all unused abutter’s rights on Alcosta Boulevard in 1980, which restricts vehicular access outside of the existing driveways. In order to restorevehicular access to match the new reconfigured driveway, the City needs to vacate the previously relinquished abutter’s rights.

RECOMMENDED ACTION
Staff recommends conducting a public hearing pursuant to Streets and Highways Code Section 8324 and adopting this resolution to Vacate the Relinquishment of Abutter’s Rights on Alcosta Boulevard, fronting 9000 Alcosta Boulevard, associated with the Aspenwood Apartments Project.

BACKGROUND
The Project is located at the intersection of Alcosta Boulevard and Kimball Avenue. The 1.39- acre project site is composed of Lot 5 and a portion of Lot 4 of Subdivision 4583 and described on the property deed, DOC 2010-0067956. The site was originally developed as a commercial bank and separate floral shop. In 2006, the property was rezoned from commercial to MultiFamily Very High Density Residential. The site was purchased by the San Ramon Redevelopment Agency (RDA) to facilitate redevelopment of the parcel. After the RDA was dissolved, the parcel was eventually purchased by Housing On Merit XXII LLC.

The Project was approved by the City Council on November 14, 2017, with the adoption of Resolution No. 2017-116. Development of the Project included modification of the frontage

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improvements on Alcosta Boulevard to provide a wider driveway and access ramps. These improvements encroach into a portion of the abutter’s rights that were relinquished to Contra Costa County as of July 1, 1980 by a previous owner of the Property as recorded in Book 9900

The Property Owner has provided Exhibit A showing the proposed vacation of a total of 27-feet of relinquished abutter’s rights along the Alcosta Boulevard project frontage. This will allow for a total of 50-foot width of vehicular access to the Property.

The Project is complete, and the Property Owner has prepared the necessary documents for the City to record the Vacation of the Relinquishment of Abutter’s Rights as required in the Project’s Conditions of Approval.

DISCUSSION
In order for the City to vacate the relinquished abutter’s rights along Alcosta Boulevard, the City must follow the procedures outlined in the Public Streets, Highways, and Service Easements Vacation Law, as described in the Streets and Highways Code (SHC) § 8300-8363, and summarized below:
• Under SHC § 8313, the legislative body is required to consider if the vacation is consistent with the General Plan. The project was approved by the City Council to be in conformance with the General Plan.
• Under SHC § 8322, a notice of the hearing is required to be posted for two successive weeks in a local newspaper. Posting of the vacation was advertised in the local newspaper during the weeks of July 28th and August 4th, 2025.
• Under SHC § 8323, at least three notices are required to be posted at the site of the vacation at least two weeks prior to the hearing. Posting of signs at the proper locations was done on July 28th, 2025.
• Under SHC § 8324, the legislative body holds a public hearing, takes public testimony, and may adopt a resolution vacating the right-of-way. Said hearing is the subject of this staff report.

FISCAL ANALYSIS
No fiscal impacts are anticipated with the vacation of the relinquished abutter’s rights.

STEPS FOLLOWING APPROVAL
Following the approval of this resolution to vacate the relinquished abutter’s rights, the City will record the Resolution with the Contra Costa County Clerk Recorder’s Office.

ATTACHMENT(S)

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A- Plat – Existing Relinquishment of Abutter’s Rights to be Vacated

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RESOLUTION NO. 2025-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON PUBLIC HEARING: PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8324 - CONSIDERATION OF VACATION OF THE RELINQUISHMENT OF ABUTTER’S RIGHTS IN LOT 5 OF SUBDIVISION 4583, COMMONLY KNOWN AS 9000

ALCOSTA BOULEVARD, ASSOCIATED WITH THE ASPENWOOD APARTMENTS

PROJECT (HOUSING ON MERIT XXII LLC)
WHEREAS, the Aspenwood Apartments was approved by the City Council on November 14, 2017 with Resolution No. 2017-116 as an affordable senior housing development; and
WHEREAS, the Aspenwood Apartments project (the “Project”) is located on Lot 5 and a portion of Lot 4 of Subdivision 4583; and
WHEREAS, Lot 5 and a portion of Lot 4 were combined to create a 1.39-acre parcel through a grant deed (DOC 2010-0067956); and
WHEREAS, the property is located at 9000 Alcosta Boulevard in San Ramon, California, also identified on the records of the Assessor of Contra Costa County as Assessor’s Parcel Number (APN) 210-520-031 (the “Property”); and
WHEREAS, the current Property Owner is Housing on Merit XXII LLC (“the Property Owner”); and
WHEREAS, the abutter’s rights were relinquished on a portion of the Property to Contra Costa County pursuant to that certain Relinquishment of Abutter’s Rights dated as of July 1, 1980 and recorded in Book 9900 Page 812 of the Official Records of Contra Costa County; and WHEREAS, the Project improvements encroach upon said Relinquished Abutter’s Rights as more particularly described on the plat attached as Attachment A; and WHEREAS, the Project’s Conditions of Approval required the Vacation of the Relinquishment of Abutter’s Rights along the Project frontage on Alcosta Boulevard; and WHEREAS, Vacation of the Relinquishment of Abutter’s Rights would satisfy the Project’s Conditions of Approval and better suit the current access needs for the development.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the Vacation of the Relinquishment of Abutter’s Rights on Alcosta Boulevard as shown in Exhibit A from Housing on Merit XXII LLC.

PASSED, APPROVED, AND ADOPTED at the meeting of August 12, 2025 by the following votes:

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AYES:

NOES:

ABSENT:

ABSTAIN:

Mark Armstrong, Mayor
ATTEST:

Christina Franco, City Clerk

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Attachment: A- Plat – Existing Relinquishment of Abutter’s Rights to be Vacated (2025-100 : Aspenwood Abutter's Rights Vacation)

CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Lauren Barr, Division Manager
SUBJECT: ORDINANCE (ID # 4776) - Approving the Development Agreement by and Between the City of San Ramon and Sunset Development Company Relative to the Development Known as the Bishop Ranch Bishop Ranch Affordable Housing Site (Bishop Ranch Affordable Housing Site Development Agreement)

EXECUTIVE SUMMARY
Bishop Ranch Affordable Housing Site Development Agreement (DA 2025-0001) is intended to address the affordable housing requirements for the previously approved BR-7, BR-11, and portions of the CityWalk project (BR-1A and BR-3A) located in Bishop Ranch. In exchange for the dedication of land, development of the Camino Ramon Residential Development by Eden Housing will become a receiver site for the previously approved affordable units. Under the terms of the Development Agreement (“Agreement”), the affordable housing project will provide higher affordability, an increased number of affordable units and the payment of fees to the City’s Affordable Housing Fund.

While there are efficiencies with the consolidation of units, there are also improved services associated with an established affordable housing provider for rental housing. The Agreement also includes safeguards to protect the City interests in providing affordable housing. In the event of a default of the terms of the Agreement, the City can assume ownership of the land to facilitate affordable housing by other methods. The terms of the agreement have been negotiated between the property owner and City staff, including specific guidance from the City Attorney as to form and content. The costs associated with processing the Development Agreement are borne by the applicant through standard processing fees.

The Planning Commission held public hearings on July 1 and July 15, 2025. Following discussion, the Commission recommended approval of Resolution No. 07-25 with comments for City Council consideration. A summary of the comments is provided in the discussion below.

RECOMMENDED ACTION
Receive the staff report; introduce the Ordinances, waive the readings; open the public hearing, take public testimony; close the public hearing and after discussion, set September 9, 2025 for adoption.

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INTRODUCTION
Application:

Development Agreement application (DA 2025-0001) is intended to address the affordable housing requirements for the previously approved BR-7, BR-11, and portions of the CityWalk project (BR-1A and BR-3A) located in Bishop Ranch, in exchange for the dedication of land to facilitate development of the Camino Ramon Residential Development by Eden Housing. Under the terms of the Development Agreement, the affordable housing project will provide higher affordability, an increased number of affordable units and payment of fees to the City’s Affordable Housing Fund.

Site Description:

The subject property is an approximately 2.2-acre parcel that is currently occupied by the Bishop Ranch Service Center which will be demolished as part of the residential development plan. The site is bordered by the offices to the north and south, the Iron Horse Trail and offices to the east, and Camino Ramon and residential uses (City Village residential development) to the west.

Location:

BR Service Center Site, 2453 Camino Ramon (APN: 213-133-053) Applicant: Property Owner:

Stephanie Hill Sunset Development Company
Senior Vice President Development 2600 Camino Ramon, Suite 201 Sunset Development Company San Ramon, CA 94583
2600 Camino Ramon, Suite 201
San Ramon, CA 94583
General Plan Designation: Zoning District
Downtown Mixed Use-North Downtown Mixed Use-North( DMU-N) Environmental Review:

The proposed Development Agreement is covered by the common sense exemption as stated in Section 15061(b)(3) Guidelines for the California Environmental Quality Act (CEQA) of 1970, as amended. The proposed Agreement does not physically change any approved project and will not have a significant effect on the environment.

Public Outreach/Notification:

On August 1, 2025, a notice of a City Council public hearing for August 12, 2025 was mailed to property owners within approximately 300 ft. of the subject property, which complies with the

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standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon. The August 12, 2025, public hearing notice was also posted on the City’s Official Meetings and Notice webpage.

BACKGROUND/DISCUSSION
A development agreement is a voluntary contractual arrangement between a property developer and a municipality, with the authority established in California Government Code (§65864).

These agreements coordinate various aspects of a development project, including but not limited to the project description, responsibilities, duration, performance timelines, and financial provisions. These agreements are approved by an ordinance of the municipality to guarantee certainty of the agreement over time.

Sunset Development owns the Bishop Ranch Affordable Housing Site located at 2453 Camino Ramon and intends to dedicate its interest in the site to Eden Housing. Eden Housing will develop 198 affordable housing units and two (2) manager units for a total of 200 units on the site. On May 7, 2025, the applicant filed an application for the proposed Development Agreement in anticipation of the approval of the Camino Ramon Residential Development filed by Eden Housing.

On June 3, 2025, the Planning Commission Approved Resolution No. 04-25 thereby approving the Eden Housing Project (BR Affordable Housing Site Development) consisting of demolition of the existing Bishop Ranch Service Center, and the construction of:

1. An 80-unit building with one level of an above-ground parking podium designed for seniors, and

2. A 120-unit building with two levels of an above-ground parking podium for families/non-age restricted.

All units, with the exception of two on-site managers units, will be deed-restricted to lower income households. With the approvals in place, the property owner is now seeking approval of the Development Agreement to address the affordable housing requirements for the previously approved BR-7, BR-11, and portions of the CityWalk project (BR-1A and BR-3A) located in Bishop Ranch, referred to as “Covered Sites” in the Development Agreement. The Dedication of Land is one means of alternative compliance for the affordable housing requirements allowed by the Inclusionary Housing Ordinance under Section C4-179. To qualify, the dedication of land must be consistent with the goal of creating housing, useable for the intended purpose and of sufficient size to construct or exceed the number of affordable units that would otherwise be constructed. The role of the Development Agreement is to memorialize the terms of the land dedication to meet the City standards and provide a shared understanding of how the Bishop Ranch Affordable Housing Site will be developed and the specific transfer of units, both for-sale and rental, from the Covered Sites will be accomplished.

DISCUSSION/ANALYSIS
As discussed above, the proposed Agreement is to memorialize the obligations and terms of the

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land dedication to meet the City standards. Under the terms of this Agreement, the City will accept the dedication of the land to meet affordability requirements and allow for the transfer of affordable housing obligations of the Covered Sites to the Bishop Ranch Affordable Housing Site (receiver site) subject to certain conditions.

Summary of Increased Affordability and Production of Units.

Currently the approved projects that make up the Covered Sites are subject to the 15% inclusionary housing requirements associated with their prior approvals. Under this Agreement, those approved projects would be allowed to pursue modifications of their approvals to transfer their affordable housing obligation to the receiver site. In exchange for this benefit, the number of units and level of affordability has been increased as outlined in Table 1 below. In addition, because the receiver site is 100% affordable, the affordability level will also be increased to reflect only low and very low-income units, where the existing for-sale projects, as currently approved, have units at the moderate-income level.

The number of affordable units being transferred from the for-sale sites are increasing from 15% to 22.5% and the current rental units associated with CityWalk are increasing from 15% to 16% of the total units respectively. Additionally, the receiver site also has its own 15% requirement on top of the units being transferred, which increases the overall number of affordable units and affordability level provided. A combined summary of all units including the receiver site which is not possible without the agreement is provided in Table 2.

Table 1 Bishop Ranch: Allocation of Units
Table 2: Dedication Ratios for Rental and For-Sale Units

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Additional Affordable Housing Obligation- (Payment of Fee-Section 6.9) In addition to the Land Dedication, under the Agreement, the developer agrees to pay the City a fee of $3,000 for each market rate residential unit at BR 7 and BR 11 projects. The payment to the City will be made at the time of each building permit issuance, and the payment is to be deposited by City into the City’s Affordable Housing Fund. Thes funds can be used to support housing programs and support affordable housing opportunities and obligations in the City. This fee will amount to an estimated total of $1,155,000 based on the 385 market rate units that would be associated with the BR 7 and BR 11 projects.

Term of Agreement (Section 5.2)
The term of the Agreement is for five (5) years unless the term is otherwise terminated, modified by circumstances set forth in the Agreement. The term may be extended for an additional five (5) year period upon the request of the Developer and if the City determines additional time is necessary to fulfill the obligations under this Agreement.

Failure to Perform/Land Dedication Remedy (Section 6.8 /Section 8.1) Any default on the timing of land dedication or failure to perform the obligations of the Agreement within the 5-year term of this Agreement will initiate a consultation process between the City and Developer to determine a remedy. Alternatively, as discussed above, Section 5.2 allows the term may be extended to allow additional time to fulfill the obligations of the Agreement. If neither of these options are acceptable, then the developer shall dedicate the BR Affordable Housing Site to the City or City-designated non-profit developer. The site dedicated

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to the City shall be rough graded and all impact fees for the construction of the project paid by the developer to further streamline the construction of an affordable housing project at this site.

Other Provisions:

The Agreement specifies many other procedural actions and obligations including but not limited to Amendments, Indemnification, Excusable Delays, Right to Assign, Notice and Cure provisions, Cancellation by Mutual Consent. See Agreement for additional details (Attachment B, Exhibit A).

Planning Commission Review
The Planning Commission held public hearings on July 1 and July 15, 2025. Following discussion, the Commission recommended approval of Resolution No. 07-25 with the following comments for City Council consideration:

1. Consider an increase in the ratio for the for-sale units being transferred from the Covered Sites (BR 7 and BR 11). The current ratio is 1.5 low and very-low income units for each for sale unit being transferred. The recommendation of the Commission is that the ratio of low and very-low income units for each for sale unit being transferred from the Covered Sites be increased on the receiver site.

2. Consider that the Additional Affordable Housing Obligation fee of $3,000 per unit associated with the for-sale Covered Sites (BR 7 and BR 11) be increased as well as indexed to the CPI or CCI to address increased costs over time.

3. A revision to the unit breakdown shown in Exhibit D of the Agreement to provide additional clarity consistent with the Applicant’s presentation at the July 15, 2025 meeting.

4. An understanding that Bishop Ranch will work with the City to establish a shared parking agreement for 40 spots in Bishop Ranch in the event parking availability becomes a problem for the BR Affordable Housing Site residents.

5. Provide regular progress updates on the status of the BR Affordable Housing Site Development including funding and other development milestones.

The terms of the DA reviewed by the Planning Commission were the result of extensive conversations to ensure that the proposal balance both the City’s and Sunset’s needs to ensure a viable project. The Commission’s recommended increase in the dedication ratio (#1) and an increase in the $3,000 supplemental fee (#2) are not consistent with the current terms and would require additional discussions should the Council feel such changes are necessary. As currently proposed, the draft Agreement results in additional rental affordable housing units, with services provided by Eden Housing, higher affordability levels, and contributes funds to the City’s Housing program. If a revised Agreement cannot be agreed upon, the BR Affordable Housing Site Development will not proceed, and the Covered Projects will be required to meet their

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affordable housing on site consistent with their approvals and the additional affordable units and higher affordability will not be provided.

Exhibit D to the Agreement has been revised to reflect the format from the developer’s presentation as recommended by the Commission (#3). Additionally, a CPI index provision has been added to the fee requirement (#2). Additionally, development agreements go through an annual review process and staff can commit to providing regular updates in both written and/or informational presentation format at key milestones for the BR Affordable Housing Site project (#5).

Adding a requirement to establish a shared parking agreement for 40 spots in Bishop Ranch (#4) is problematic given it was not a requirement of the project approvals for the site development.

While a contingency parking plan would potentially address future uncertainties, there is nothing associated with the applicable approvals to suggest additional parking is necessary or that 40 additional spaces would be the right number of spaces. It is worth noting that Sunset retains CC&R control over the Bishop Ranch and in the event of any future parking concerns it is in their best interest to resolve any property or parking management issues with the civil remedies available to them.

Lastly, the Commission hoped that this agreement can serve as a template for future agreements related to affordable housing in the future developments with Bishop Ranch. That said, the current agreement will most certainly be a starting point for any future agreements, however, each future agreement will need to be tailored to the specifics of the project being considered.

FISCAL ANALYSIS
The costs associated with processing the Development Agreement are borne by the applicant through standard processing fees. Based on the terms of the Agreement, revenue to the affordable housing find is estimated at $1,155,000. Additionally, it should be noted that any 100% affordable project with units available to households making less than 80% of Area Median Income is eligible for certain fee waivers under the City’s Affordable Rental Housing Fee Waiver Policy. Any fees waived under this policy are considered a local match when projects pursuing State affordable housing funding. The specific value of the fee waiver is calculated at the time of Building Permits if applicable.

NEXT STEPS
Set Ordinances for adoption.

ATTACHMENT(S)
Exhibit A Bishop Ranch Affordable Housing Site Development Agreement A-Vicinity Map-2453 Camino Ramon
B -Planning Commission Resolution No. 07-25 Bishop Ranch Affordable Housing Site Development Agreement

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ORDINANCE (ID # 4776)

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

APPROVING THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY

OF SAN RAMON AND SUNSET DEVELOPMENT COMPANY RELATIVE TO THE

DEVELOPMENT KNOWN AS THE BISHOP RANCH BISHOP RANCH

AFFORDABLE HOUSING SITE (BISHOP RANCH AFFORDABLE HOUSING SITE

DEVELOPMENT AGREEMENT)

SUNSET DEVELOPMENT COMPANY
(Applicant)

SUNSET DEVELOPMENT COMPANY
(owner)
AND

CITY OF SAN RAMON
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et. seq. of the Government Code ("Development Agreement Statute"), which authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property providing for the development of such property and establishing certain development rights therein; and WHEREAS, on January 14, 1986, the City Council of San Ramon adopted Resolution No. 86-2 establishing procedures for development agreements and development agreement amendments; and
WHEREAS, the Bishop Ranch Affordable Housing Site Development Agreement is proposed to eliminate uncertainty in planning and provide orderly dedication of lands and clarity for the development of affordable housing in Bishop Ranch; and WHEREAS, on January 7, 2025, the Applicant, Eden Housing, filed formal applications under SB 330, including a Development Plan application (DP 2024-0007), Architectural Review application (AR 2024-0014), Tree Removal Permit application (TRP 2024- 0010), and Environmental Review application (ENVR 2024-0003) for a proposed 200-unit residential project (Camino Ramon Residential Development) located on an existing approximately 2.2-acre parcel at the Bishop Ranch Service Center within the Bishop Ranch Business Park; and
WHEREAS, On May 7, 2025, the Sunset Development Company filed an application for the proposed Development Agreement in anticipation of the approval of the Camino Ramon Residential Development filed by Eden Housing; and

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WHEREAS, on June 3, 2025, the Planning Commission Approved Resolution No. 04-25 thereby approving the Camino Ramon Residential Development for the development of 200 residential apartment units (198 affordable and 2 manager units), including an 80-unit building for seniors and a 120-unit building for families (non-age restricted); and WHEREAS, on June 6, 2025, Bishop Ranch Affordable Housing Site Development Agreement (DA 2025-0001) was deemed complete; and
WHEREAS, the Inclusionary Housing Ordinance Section C4-179 provides for “Alternatives to Constructing New Affordable Units” such as land dedication, and allows for the consideration of modifications to the number of affordable housing units required, affordability levels, and other provisions of the Ordinance; and
WHEREAS, under this Agreement, Sunset Development Company is seeking approval of land dedication of the Camino Ramon Residential Development site under the Inclusionary Housing Ordinance Section C4-179 to meet certain affordable housing requirements for other housing projects within Bishop Ranch; and
WHEREAS, under this Agreement, the previously approved BR-7, BR-11, and portions of the CityWalk project (BR-1A and BR-3A), also referred to as “Covered Sites,” would be allowed to pursue modifications of their approvals to transfer their affordable housing obligation to the Camino Ramon Residential Development site which has a surplus of 168 units at the low and very low-income levels; and
WHEREAS, Bishop Ranch Affordable Housing Site Development Agreement (DA 2025-0001) is proposed to eliminate uncertainty in the process for land dedication, meet certain affordable housing requirements, and provide a clear understanding of how the proposal will address the affordable housing requirements associated with the previously approved BR-7, BR11, and portions of the CityWalk project (BR-1A and BR-3A) located in Bishop Ranch; and WHEREAS, Section 5.2 of the Agreement provides a term of the five (5) years unless the term is otherwise terminated or modified by circumstances set forth in the Agreement, and the term may be extended for an additional five (5) year period upon the request of the Developer, and if the City determines additional time is necessary to fulfill the obligations under this Agreement; and
WHEREAS, the affordable units being transferred from the Covered Sites containing for-sale affordable units are being increased from 15% to 22.5%, and the Covered Sites affordable rental units associated with CityWalk are being increased from 15% to 16%; and WHEREAS, Section 6.9 of the Agreement obligates the Developer to pay the City a fee of $3,000 for each residential unit constructed at the BR 7 and BR 11 projects; and WHEREAS, Section 8.1 of the Agreement provides that, in the event the developer fails to perform the obligations of the Agreement and additional consultation is not successful in

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resolving any default of the Agreement, the developer shall dedicate the BR Affordable Housing Site to the City or City-designated non-profit developer; and WHEREAS, the proposed Development Agreement is covered by the common sense exemption as stated in Section 15061(b)(3) Guidelines for the California Environmental Quality Act (CEQA) of 1970, as amended. The proposed Agreement does not physically change any previously approved project and will not have a significant effect on the environment; and WHEREAS, on June 20, 2025, a notice of a Planning Commission public hearing for July 1, 2025, was mailed to property owners within approximately 300 ft. of the subject property, which complies with the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon; and WHEREAS, on July 1, 2025, the Planning Commission conducted a public hearing on the Agreement and voted to continue the public hearing to the July 15, 2025 meeting; and WHEREAS, on July 15, 2025, the Planning Commission approved Resolution No. 07-25 recommending City Council approval of the proposed Development Agreement; and WHEREAS, on August 1, 2025, a notice of a City Council public hearing for August 12, 2025, was mailed to property owners within approximately 300 ft. of the subject property, which complies with the standards set forth in Government Code Section 65091 (a)(4) and Section D7- 24 of the Municipal Code of the City of San Ramon.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAMON DOES ORDAIN AS FOLLOWS:

Section 1. The City Council, in the exercise of its independent judgment, and based upon all the evidence in the record (including but not limited to all application materials and related CEQA documents, the written and oral staff reports, and oral and written comments received by the City) finds and determines as follows:

1. The recitals above are true and correct and are incorporated herein by reference; and

2. The Bishop Ranch Affordable Housing Site Development Agreement is consistent with the Inclusionary Housing Ordinance Section C4-179 (D) Land Dedication because the developer intends to dedicate land to a non-profit housing developer in lieu of constructing some of the required affordable units within Bishop Ranch; the dedication of land in lieu of constructing affordable units as contemplated is consistent with the City goal of providing additional units for very low and low-income households; the dedicated land is useable for its intended purpose and is free of toxic substances and contaminated soils; and the proposed land dedication is of sufficient size to construct or exceed the number of affordable units that the applicant would otherwise be required to construct as affordable units; and

9.3 Packet Pg. 96

3. The Bishop Ranch Affordable Housing Site Development Agreement is consistent with the General Plan and Housing Element because it furthers the production of affordable housing units consistent with City housing policies and RHNA requirements, is applicable to sites that are suited for housing, and is consistent with the General Plan findings for the prior housing project approvals referenced in the Agreement; and

4. The Bishop Ranch Affordable Housing Site Development Agreement is consistent with all provisions of Division 6, Chapter IV of the San Ramon Zoning Ordinance, and the Municipal Code; the City complied with all provisions in the Municipal Code applicable to development agreements and prior housing project approvals referenced in the Agreement; and there are no physical changes to the current project approvals referenced in in the Agreement; and

5. The Bishop Ranch Affordable Housing Site Development Agreement will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of the property or the preservation of property values and does not materially change any of the findings associated with the prior housing project approvals associated with the Agreement; and

6. The City Council has considered the effects of the Bishop Ranch Affordable Housing Site Development Agreement on the housing needs of the City and region and has balanced these needs against the public service needs of its residents and available resources.

Section 2. The Bishop Ranch Affordable Housing Site Development Agreement incorporated herein by reference and attached as Exhibit A, is hereby approved, and the City Manager is authorized and directed to sign it on behalf of the City of San Ramon.

Section 3. This Ordinance shall take effect thirty (30) days after passage. Before the expiration of fifteen (15) days after its passage, this Ordinance will be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council for and against the same.
* * *
I hereby certify that the foregoing Ordinance was introduced at the August 12, 2025 meeting of the San Ramon City Council and after a public hearing was adopted at the September 9, 2025 meeting of the San Ramon City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________

9.3 Packet Pg. 97
Mark Armstrong,
Mayor
ATTEST:
________________________
Christina Franco,
City Clerk
Exhibit A: Bishop Ranch Affordable Housing Site Development Agreement

9.3 Packet Pg. 98
RECORDING REQUESTED BY and
RETURNED TO:

City of San Ramon
ATTN: City Clerk
7000 Bollinger Canyon Road
San Ramon, CA 94583
NO FEE PER GOV’T CODE §27383
(THIS SPACE FOR RECORDER’S USE ONLY)
APN: 213-133-053-8

DEVELOPMENT AGREEMENT

BETWEEN THE

CITY OF SAN RAMON
AND

SUNSET DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION

REGARDING BISHOP RANCH AFFORDABLE HOUSING SITE

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Packet Pg. 99
Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site i

TABLE OF CONTENTS
Contents
Section 1. Description of the Covered Sites. .............................................................. 3 Section 2. Description of the BR Affordable Site. ....................................................... 3 Section 3. Interest of Developer.................................................................................. 3 Section 4. Relationship of City and Developer............................................................ 4 Section 5. Effective Date and Term. ........................................................................... 4 Section 5.1 Effective Date.................................................................................. 4 Section 5.2 Term................................................................................................ 4 Section 6. Affordable Housing Requirements. ............................................................ 4 Section 6.1 Covered Sites.................................................................................. 4 Section 6.2 BR Affordable Housing Site ............................................................ 5 Section 6.3 Land Dedication .............................................................................. 5 Section 6.4 Timing of Land Dedication .............................................................. 6 Section 6.5 Modification of Prior Approvals........................................................ 6 Section 6.6 Affordable Project Financing Application......................................... 6 Section 6.7 Affordable Project Completion Assurances..................................... 7 Section 6.8 Failure to Perform ........................................................................... 7 Section 6.9 Additional Affordable Housing Obligations ...................................... 7 Section 7. Amendment or Cancellation....................................................................... 8 Section 7.1 Modification to Address Conflict with State or Federal Laws........... 8 Section 7.2 Amendment by Mutual Consent...................................................... 8 Section 7.3 Insubstantial Amendments.............................................................. 8 Section 7.4 Cancellation by Mutual Consent...................................................... 8 Section 8. Default. ...................................................................................................... 8 Section 8.1 Land Dedication Remedy................................................................ 8 Section 8.2 Other Remedies Available. ............................................................. 9 Section 8.3 Notice and Cure. ............................................................................. 9 Section 8.4 No Monetary Damages against City or Developer. ......................... 9 Section 9. Estoppel Certificate.................................................................................... 9 Section 10. Mortgagee Protection; Certain Rights of Cure ......................................... 10 Section 10.1 Mortgagee Protection.................................................................... 10 Section 11. Severability. ............................................................................................. 10 Section 12. Attorneys’ Fees and Costs....................................................................... 10

9.3.a
Packet Pg. 100 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site ii
Section 13. Transfers and Assignments. .................................................................... 10 Section 13.1 Right to Assign.............................................................................. 10 Section 13.2 Approval and Notice of Assignment. ............................................. 11 Section 14. Agreement Runs with the Land................................................................ 11 Section 15. Bankruptcy............................................................................................... 11 Section 16. Indemnification......................................................................................... 11 Section 17. Excusable Delay; Extension of Time of Performance and Agreement. .............................................................................................. 11 Section 18. Good Faith............................................................................................... 12 Section 19. Notices..................................................................................................... 12 Section 20. Agreement is Entire Understanding. ........................................................ 12 Section 21. Exhibits. ................................................................................................... 13 Section 22. Counterparts............................................................................................ 13 Section 23. Recordation. ............................................................................................ 13

9.3.a
Packet Pg. 101 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 1 THIS DEVELOPMENT AGREEMENT (“Development Agreement” or “Agreement”) is between the CITY OF SAN RAMON, a Municipal Corporation (“City”), and Sunset Development Company, a California corporation (“Developer”) on certain property in the Bishop Ranch area and is entered into under the authority of §65864 et seq. of the California Government Code. The City and Developer are sometimes hereafter referred to collectively as the “Parties,” or individually as a “Party.”

RECITALS
A. California Government Code §65864 et seq. authorizes the City to enter into an agreement for the development of real property with any person or entity having a legal or equitable interest in such property in order to establish certain development rights in such property.

B. Pursuant to Government Code §65865, City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements (Title D, Division D6 of the City Municipal Code) (“City Development Agreement Rules”). This Development Agreement has been processed, considered and executed in accordance with the City Development Agreement Rules, including without limitation, Section D6, Chapter IV of the City Municipal Code.

C. Developer is the master developer of property commonly known as Bishop Ranch located in the City (“Bishop Ranch Property”). Developer has developed most of the Bishop Ranch Property as a business park community and as a retail shopping center and now seeks to develop residential uses within the Bishop Ranch Property.

D. Developer or its affiliates or assigns have filed or intend to file Development Review Applications for multiple parcels within the Bishop Ranch Property with the intent to develop residential units on the following parcels:
i. Approximately 12.64 acres located at 2527-2545 Camino Ramon (“BR 7”). ii. Approximately 11.1 acres located at 2301 Camino Ramon (“BR 11”). iii. Approximately 11.28 acres on BR 1A and BR 3A located in the CityWalk Master Plan area intended for residential development. (“CityWalk”) E. Collectively BR 7, BR 11 and CityWalk are hereinafter referred to as the “Covered Sites” and are more particularly described in Exhibit A.

F. Developer has an ownership interest in an approximately 2.2-acre portion of the Bishop Ranch Property commonly referred to as the Service Center Site, located at 2453 Camino Ramon, and more particularly described in Exhibit B (hereinafter “BR Affordable Housing Site”).

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Packet Pg. 102 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 2 G. Developer intends to dedicate the BR Affordable Housing Site to Eden Housing, a local non-profit housing developer (“Land Dedication”), to facilitate the development of a 200-unit senior and family residential multifamily development consisting of two (2) manager units and 198 affordable rental housing units to be occupied exclusively by a mix of low-income households as defined in California Health and Safety Code Section 50079.5 and very low-income households as defined in California Health and Safety Code Section 50105 (hereinafter “Affordable Project”).

H. On September 9, 2024 Eden Housing submitted a Preliminary Housing Development Application with the City, and on January 7, 2025, Eden Housing filed a Development Plan Application with the City to develop the Affordable Project on the BR Affordable Housing Site.

I. On June 3, 2025 the City Planning Commission approved the Affordable Project Development Plan Application subject to conditions of approval and adopted findings (Resolution No. 04-25).

J. Pursuant to Title C, Division C4, Chapter XII of the City Municipal Code the Covered Sites must comply with the City’s Inclusionary Housing Ordinance (“Inclusionary Housing Ordinance”) by providing 15 percent of all for-sale units as affordable to very-low-, low- and moderate-income households as defined in California Health and Safety Code Section 50093, and by providing 15 percent of all rental residential units as affordable to very-low income and low-income households with the allocated income levels as detailed in the City’s Inclusionary Housing Ordinance.

K. The Affordable Project will meet its Inclusionary Housing Ordinance obligations by providing 15 percent of the 200 units as affordable to low-income and very-low income households.

L. The Covered Sites have an Inclusionary Housing Ordinance requirement that 15 percent of all for-sale residential units be affordable to very-low-, low- and moderate-income households and all rental residential units be affordable to very-low income and low-income income households, but Developer proposes an alternative means of compliance through the Land Dedication in accordance with the Inclusionary Housing Ordinance, which will increase the applicable affordable housing for the Covered Sites as described herein. The City agrees to count the Land Dedication against the Inclusionary Housing Ordinance obligations for the Covered Sites as it meets applicable requirements of Section C4-179 of the City Municipal Code.

M. In addition to the Land Dedication, Developer also agrees to an additional affordable housing contribution for BR 7 and BR 11 through payment of a fee to the City’s Housing Fund (“Housing Fund Contribution”).

N. While the timeline for issuance of occupancy permits on the Covered Sites will not be dependent on the construction of the affordable housing units on the BR

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Packet Pg. 103 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 3 Affordable Housing Site, the Parties understand that the Land Dedication of the BR Affordable Housing Site and payment of the Housing Fund Contribution will not fully satisfy all low income, very low-income and moderate income (if applicable) Inclusionary Housing Ordinance requirements associated with all of the Covered Sites and that any shortfall will be satisfied through construction of on-site affordable housing units or compliance through another City approved alternative method.

O. The purpose of this Development Agreement is to (1) document, implement and ensure compliance with the requirements of the Inclusionary Housing Ordinance; (2) and enumerate the conditions of the Land Dedication of the BR Affordable Site to satisfy the affordable housing obligations of the Covered Sites.

P. This Development Agreement has been properly reviewed and evaluated by the City in accordance with CEQA and the evaluation analyzed and reviewed all potential significant environmental impacts that could result from approval and implementation of this Agreement.

Q. On _________, the Planning Commission recommended adoption of this Development Agreement. On __________, the City Council waived the first reading, and introduced an ordinance relating to the approval of this Agreement. On ____________, the City Council waived the second reading and adopted Ordinance No. ______ approving this Agreement (attached as Exhibit C).

NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows:

AGREEMENT
Section 1. Description of the Covered Sites.

The Covered Sites referenced in this Development Agreement consist of four separate development sites within the Bishop Ranch Property as depicted and described in Exhibit A .

Section 2. Description of the BR Affordable Site.

The BR Affordable Site which is the subject of this Development Agreement consists of approximately 2.2 acres and is depicted and described in the attached Exhibit B.

Section 3. Interest of Developer.

The Developer has an ownership interest in the BR Affordable Site and intends to dedicate its interest in the BR Affordable Site to Eden Housing. Eden Housing will develop 198 affordable housing units and two (2) manager units for a total of 200 units on the BR Affordable Site.

9.3.a
Packet Pg. 104 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 4 Section 4. Relationship of City and Developer.

It is understood that this Development Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners.

Section 5. Effective Date and Term.

Section 5.1 Effective Date.

The effective date of this Development Agreement shall be thirty (30) days after adoption of Ordinance No. _____approving this Agreement, as set forth in Recital O (“Effective Date”).

Section 5.2 Term.

The term of this Development Agreement (“Term”) shall be five (5) years commencing on the Effective Date and extending to___________, 20__, unless the Term is otherwise terminated, modified by circumstances set forth in this Agreement.

The Term may be extended for an additional Five (5) year period upon the request of the Developer if the City determines additional time is necessary for Developer to fulfill its obligations under this Agreement.

Section 6. Affordable Housing Requirements.

Section 6.1 Covered Sites.

Pursuant to the City’s Inclusionary Housing Ordinance all residential development of ten (10) or more residential units require that 15 percent of the units be affordable at a range of income levels as outlined in the Inclusionary Housing Ordinance. Developer agrees to provide a higher applicable affordable housing on the Covered Sites, in consideration for the following:
• City allowing Developer to convert for-sale units to rental units, and • City allowing the transfer of affordable units from the Covered Sites to the BR Affordable Housing Site as shown on Table 1, attached hereto and incorporated herein as Exhibit D, and
• City assuming the risk of Eden or its successors in interest defaulting on its obligation to develop the BR Affordable Housing Site.

A sufficient number of Land Dedication units are to be set aside to meet the affordable housing obligations for BR 7 and BR 11. Surplus Land Dedication units shall be made available to meet the CityWalk affordable housing obligations on a first-come,

9.3.a
Packet Pg. 105 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 5 first-serve basis until all affordable housing units generated by the Land Dedication have been completely allocated.

It is anticipated that the affordable housing units generated by the Land Dedication will be insufficient to cover the entire CityWalk affordable housing obligation.

If there is a shortfall, the CityWalk sites must either (1) develop affordable housing units on-site or (2) comply with the Inclusionary Housing Ordinance through another alternative method, which may include a separate Developer dedication of land.

Section 6.2 BR Affordable Housing Site
The development of the Affordable Project on the BR Affordable Housing Site is subject to the City’s 15 percent Inclusionary Housing Ordinance requirement at a range of income levels as outlined in the Inclusionary Housing Ordinance. The Affordable Project will total 200 residential units, of which 30 residential units must be affordable (representing 15 percent of the Affordable Project's total residential units) to meet the Inclusionary Housing Ordinance requirement. As the Affordable Project is providing 198 affordable rental units on-site it will meet its affordable housing obligation by restricting the 30 affordable housing units on-site to very low and low-income households, with the balance of the remaining 168 affordable units to be allocated to the Covered Sites to satisfy the Covered Sites’ obligation to provide for-sale and rental lowincome, very low income and moderate income (if applicable) affordable housing obligations through the Land Dedication as described in Section 6.3. The Affordable Project is a rental development and has no moderate income affordable housing obligation. All affordable housing units in the Affordable Project will be subject to a recorded City Affordable Housing Agreement with the affordability restrictions to run for a term of 55 years.

Section 6.3 Land Dedication
Section C4-179 of the City Municipal Code provides that a residential development may comply with the Inclusionary Housing Ordinance requirements through the Land Dedication alternative in lieu of constructing on-site affordable units.

Consistent with that alternative compliance, Developer will dedicate the BR Affordable Site to Eden Housing (a local non-profit developer approved by the City) in accordance with the requirements of Section C4-179, and Eden Housing will develop the Affordable Project. The purpose of the Land Dedication is to satisfy the Inclusionary Housing Ordinance affordable housing obligations for the Covered Sites with those affordable housing obligations provided for in Section 6.1. Eden Housing has applied for a Development Plan Application and has received Planning Commission approval to construct the Affordable Project on the BR Affordable Housing Site. After accounting for the affordable housing obligations of the Affordable Project (15 very low- and 15 lowincome units) as described in Section 6.2, the remaining balance of units in the Affordable Project (168 low-income and very low-income units) may be allocated to the Covered Sites to meet the Covered Sites’ obligation to provide low-income, very low9.3.a Packet Pg. 106 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 6 income and moderate-income (if applicable) Inclusionary Housing Ordinance affordable housing obligation.

Section 6.4 Timing of Land Dedication
The Land Dedication will be considered complete when all the following conditions have been met:
a. The Developer has selected Eden Housing as a qualified non-profit developer to develop the Affordable Project.
b. The BR Affordable Housing Site is declared free of toxic substances and contaminated soils and has adjacent infrastructure and utilities. c. The Developer shall have entered a fully executed purchase and sale agreement with Eden Housing, or its successors in interest, dedicating the BR Affordable Housing Site at no cost to Eden Housing. d. Eden Housing, or its successors in interest, have filed a Development Plan Application with City to develop the Affordable Project. e. This Development Agreement and an Affordable Housing Agreement pursuant to Section C4-178-B have been recorded against the BR Affordable Housing Site.

Section 6.5 Modification of Prior Approvals
For each of the Covered Sites, Zoning Administrator shall provide Developer with a written release (in a form substantially similar to Exhibit E) from compliance with the Inclusionary Housing Ordinance on-site affordable housing requirements for that Covered Site and modify any conditions of approval for that Covered Site that requires on-site affordable housing as a condition of project approval, so the subject Covered Site is no longer conditioned to provide on-site affordable housing within 15 days of the satisfaction of the following conditions:
a. The Planning Commission has modified the Findings and COAs of the subject Covered Site specific only to the on-site affordable housing obligation and to eliminate waivers granted under State Density Bonus Law and to reflect the terms of this Agreement; and
b. When Developer has completed the Land Dedication in compliance with Section 6.4.

Section 6.6 Affordable Project Financing Application
Parties anticipate that Eden Housing will file initial applications for construction financing for the Affordable Project within twelve (12) months of receiving City approvals for the development of the Affordable Project and Eden will continue to file financing

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Packet Pg. 107 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 7 applications at every available funding cycle for the Term of this Development Agreement until financing is successfully obtained.

Section 6.7 Affordable Project Completion Assurances
Prior to commencement of construction of the Affordable Project, Eden Housing will execute a guarantee with its construction lender and its tax credit equity investor that construction will be completed on the Affordable Project (“Completion Guaranty”).

Pursuant to the terms of the Completion Guaranty, if Eden Housing defaults and fails to complete construction, the Affordable Project’s limited partner investor will retain the right to remove and replace Eden Housing to complete construction. If the limited partner investor, having removed and replaced Eden Housing for non-performance, defaults under the Completion Guaranty, the construction lender retains the right to remove all parties to complete construction of the Affordable Project consistent with the recorded Affordable Housing Agreement and this Development Agreement.

Section 6.8 Failure to Perform
Parties understand that after the Land Dedication requirements in Section 6.4 have been satisfied, the BR Affordable Housing Site will be restricted by the terms of the recorded Affordable Housing Agreement and this Development Agreement, but Developer will not transfer legal title of the BR Affordable Housing Site to Eden Housing until Eden Housing has successfully obtained construction financing referenced in Section 6.6 and is prepared to commence construction of the Affordable Project.

Pursuant to the BR Affordable Housing Site purchase and sale agreement between Developer and Eden Housing, if Eden Housing fails to take legal title to the BR Affordable Housing Site within the Term of this Development Agreement (“Failure to Perform”) Developer shall meet and confer with City to allow City to consider its remedy options under Section 8.1.

Section 6.9 Additional Affordable Housing Obligations
In addition to the Land Dedication, Developer agrees to pay the City a fee of $3,000 for all residential units at BR 7 and BR 11. On each annual anniversary of the Effective Date the fee shall be adjusted based on a change in the Consumer Price Index (”CPI”). The CPI shall be the monthly Consumer Price Index for All Urban Consumers (CPI-U), US City Average, All Items as published by the U.S. Bureau of Labor Statistics on the anniversary of the Effective Date. The adjusted fee shall be calculated by increasing the current fee by the same percentage change in the CPI. The payment to the City will be made at time of each building permit issuance, and the

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Packet Pg. 108 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 8 payment is to be deposited by City into the City’s Affordable Housing Fund described in San Ramon Municipal Code Section C4-180.

Section 7. Amendment or Cancellation.

Section 7.1 Modification to Address Conflict with State or Federal Laws.

In the event that state or federal laws or regulations enacted after the Effective Date of this Development Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps, permits or entitlements approved by the City, the Parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation.

Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with California Government Code §65864 et seq. To the extent any State or Federal regulation caused a delay, the Parties may invoke the provisions in Section 17, Excusable Delay; Extension of Time of Performance and Agreement.

Section 7.2 Amendment by Mutual Consent.

This Development Agreement may be amended in writing from time to time by mutual consent of the Parties hereto and in accordance with the procedures of California Government Code §65864 et seq. and this Agreement.

Section 7.3 Insubstantial Amendments.

Any amendments to this Development Agreement which do not relate to (a) the Term as provided in Section 5.2 or (b) the Affordable Housing Requirements as provided in Section 6 may be approved by the City Manager without a public hearing before either the Planning Commission or the City Council, except to the extent otherwise required by law. The Parties acknowledge that changes to the Project Approvals shall not require any amendment to the Development Agreement and shall be automatically included within this Agreement.

Section 7.4 Cancellation by Mutual Consent.

Except as otherwise permitted herein, this Development Agreement may be canceled in whole or in part only by the mutual consent of the Parties or their successors in interest, in accordance with the provisions of California Government Code §65864 et seq. Any fees paid and/or land dedicated pursuant to this Agreement prior to the date of cancellation shall be retained by City.

Section 8. Default.

Section 8.1 Land Dedication Remedy
Upon the default of any provision of the Timing of Land Dedication provided in Section 6.4 or the Failure to Perform in Section 6.8 by the expiration of the Term of this Development Agreement, the City and Developer agree to meet and confer to

9.3.a
Packet Pg. 109 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 9 determine a remedy which, at City’s option, shall include that the Developer (1) ensure that all criteria listed under Section 6.4 (a)-(e) have been met or (2) City extend this Development Agreement for an additional five (5) year term as provided for under Section 5.2 to allow Developer and/or Eden Housing time necessary to fulfill the obligations of this Development Agreement or (3) Developer immediately dedicate and convey the BR Affordable Housing Site to the City or to another City-designated nonprofit developer with the BR Affordable Housing Site having been rough graded and all Affordable Project development impact fees having been paid by Developer prior to conveyance of the BR Affordable Housing Site to City.

Section 8.2 Other Remedies Available.

Upon the occurrence of an event of default, the Parties may pursue all other remedies at law or in equity that are not otherwise provided for in this Development Agreement or in City’s regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. Notwithstanding the foregoing, with the exception of Developer’s obligations under Section 8.1, Developer shall not be compelled by specific performance to construct all or any part of any project.

Section 8.3 Notice and Cure.

Upon the occurrence of an event of default by either Party, the nondefaulting Party shall serve written notice of such default upon the defaulting Party. If the default is not cured by the defaulting Party within thirty (30) days after service of such notice of default, the nondefaulting Party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting Party shall refrain from any such legal or equitable action so long as the defaulting Party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default.

Section 8.4 No Monetary Damages against City or Developer.

In no event shall monetary damages be awarded against City or Developer upon an event of default or upon termination of this Agreement.

Section 9. Estoppel Certificate.

Either Party may, at any time, and from time to time, request written notice from the other Party requesting such Party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying Party the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder shall execute and return such certificate within ten (10) days following the receipt thereof, or such longer period as may reasonably be agreed to by

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Packet Pg. 110 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 10 the Parties. City Manager of City shall be authorized to execute any certificate requested by Developer. Should the Party receiving the request not execute and return such certificate within the applicable period, the request shall be deemed to be granted by the Party receiving the request.

Section 10. Mortgagee Protection; Certain Rights of Cure Section 10.1 Mortgagee Protection.

This Development Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage (“Mortgage”). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including without limitation any deed of trust beneficiary or mortgagee (“Mortgagee”) who acquires title to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure or similar means.

Section 11. Severability.

The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

Section 12. Attorneys’ Fees and Costs.

If City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement, or City’s actions pursuant to this Agreement, the Parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action and shall reimburse City for all reasonable litigation costs, including court costs and attorneys’ fees (“Litigation Costs”) expended by City in defense of any such action or other proceeding and for any Litigation Costs , to be paid by City. Once the City has made payment for any Litigation Cost, Developer shall reimburse the City within 15 days.

Section 13. Transfers and Assignments.

Section 13.1 Right to Assign.

Developer has the right to sell or transfer all or a portion of the Covered Sites and the BR Affordable Site to any wholly-owned subsidiary of Developer or to assign its interest in this Agreement that pertains to such portion of the Property sold or transferred without City approval.

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Packet Pg. 111 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 11 Section 13.2 Approval and Notice of Assignment.

The City Manager shall consider and decide on any assignment of this Agreement within ten (10) business days after Developer’s notice. Notice of any such approved assignment (which includes a description of all rights, interests and obligations that have been transferred and those which have been retained by Developer) shall be recorded in the official records of Contra Costa County, in a form acceptable to the City Manager, concurrently with such assignment.

Section 14. Agreement Runs with the Land.

The provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California.

Each covenant to do, or refrain from doing, some act on the Property hereunder, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon Parties.

Section 15. Bankruptcy.

The obligations of this Development Agreement shall not be dischargeable in bankruptcy.

Section 16. Indemnification.

Developer agrees to indemnify, defend and hold harmless City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any or all costs associated with litigation or legal defense of this Agreement or for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Developer, or any actions or inactions of Developer’s contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the development of the Covered Sites or the BR Affordable Site.

Section 17. Excusable Delay; Extension of Time of Performance and Agreement.

In addition to specific provisions of this Agreement, neither Party shall be deemed to be in default where delays in performance or failures to perform are due to, or are a necessary outcome of war, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, pandemics, unforeseen economic or financial conditions that render development infeasible, acts of God, enactment or imposition against the Project of any moratorium, voter approved initiative or referendum, or any time period for legal challenges pertaining to a moratorium or the Affordable Project, or similar basis for excused performance which is not within the reasonable control of the Party to be excused. Litigation challenging the validity of this Agreement or any of the Affordable Project approvals, Covered Site approvals, or any permit, ordinance, entitlement or other action of a governmental agency, including the City, necessary for

9.3.a
Packet Pg. 112 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 12 the development of the Affordable Project shall be deemed to create an excusable delay as to Developer. Upon the request of either Party, an extension of time for the performance of any obligation whose performance has been so prevented or delayed shall be memorialized in writing. The City Manager is authorized on behalf of the City to enter such an extension. The term of any such extension shall be equal to the period of the excusable delay, or longer, as shall be mutually agreed upon, and the term of the extension shall automatically extend the Term of this Agreement.

Section 18. Good Faith.

The Parties agree to cooperate in good faith in implementing this Agreement.

Section 19. Notices.

All notices required or provided for under this Development Agreement shall be in writing. Notices required to be given shall be addressed as follows:

City Developer
City of San Ramon
City Clerk
7000 Bollinger Canyon Road
San Ramon CA, 94583
[email protected]
Sunset Development Company
2600 Camino Ramon, Suite 201
San Ramon CA 94583
Attn: Alexander Mehran, Junior
[email protected]
With a copy to: With a copy to:

City of San Ramon
City Attorney
7000 Bollinger Canyon Road
San Ramon, CA 94583
[email protected]
Peter Ziblatt Law Group
244 Kearny Street, 9th Floor
San Francisco, CA 94108
Attn: Peter Ziblatt
[email protected]
A Party may change address by giving notice in writing to the other Party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt.

Section 20. Agreement is Entire Understanding.

This Development Agreement constitutes the entire understanding and agreement of the parties.

9.3.a
Packet Pg. 113 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 13 Section 21. Exhibits.

The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full:

Exhibit A: Covered Sites Legal Description
Exhibit B: BR Affordable Housing Site Legal Description Exhibit C: Ordinance No.___ Approving Development
Agreement
Exhibit D: Allocation of Unit Table
Exhibit E: Form of Written Release
Section 22. Counterparts.

This Development Agreement may be executed in duplicate originals, each of which is deemed to be an original.

Section 23. Recordation.

City shall record a copy of this Development Agreement within ten days following execution by all persons below.

Signatures on the following pages.

9.3.a
Packet Pg. 114 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 14 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the following dates:

CITY OF SAN RAMON:

Mark Armstrong, Mayor
Date:

SIGNATURE ABOVE MUST BE NOTARIZED
ATTEST:

Christina Franco, City Clerk
Date:

Approved as to Form:

Martin Lysons, City Attorney
Date:

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Packet Pg. 115 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 15 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On before me,
(insert name and title of the officer)
Personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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Packet Pg. 116 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site 16 DEVELOPER:

Sunset Development Company, a
California corporation
By: _____________________
By:

Date:

SIGNATURE(S) ABOVE MUST BE NOTARIZED
Approved as to Form:

Peter Ziblatt
Attorney for Developer
Date:

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Packet Pg. 117 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of
On before me,
(insert name and title of the officer)
Personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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Packet Pg. 118 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT A

COVERED SITES LEGAL DESCRIPTION

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Packet Pg. 119 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT B

BR AFFORDABLE HOUSING SITE LEGAL DESCRIPTION

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Packet Pg. 120 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT C
ORDINANCE NO. ___ APPROVING DEVELOPMENT AGREEMENT

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Packet Pg. 121 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT
D
TABLE 1 ALLOCATION OF UNITS

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Packet Pg. 122 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT E

FORM OF WRITTEN RELEASE FOR COVERED SITES

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Packet Pg. 123 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT A

COVERED SITES LEGAL DESCRIPTION

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Packet Pg. 124 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site Exhibit A:

Covered Sites Legal Description
2527-2545 Camino Ramon (“BR 7”)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN RAMON, IN

THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

ALL OF LOT 2, AND A PORTION OF LOTS 1 AND 3, AS SHOWN ON THE MAP OF SUBDIVISION 5967, FILED JUNE 23, 1981 IN BOOK 253 OF MAPS, PAGE 49, CONTRA

COSTA COUNTY RECORDS, AS AMENDED BY CERTIFICATES OF CORRECTION RECORDED AUGUST 24, 1981, BOOK 10462, PAGE 142, OFFICIAL RECORDS, RECORDED OCTOBER 19, 1981, BOOK 10540, PAGE 755, OFFICIAL RECORDS AND RECORDED FEBRUARY 1, 1984, BOOK 11637, PAGE 269, OFFICIAL RECORDS, AS SHOWN ON THE RECORD OF SURVEY MAP, LOT LINE ADJUSTMENT NO. 105-87, FILED JANUARY 19, 1987 IN BOOK 86 OF LICENSED SURVEYORS' MAPS, PAGE 27, CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHEASTERN CORNER OF SAID LOT 1 (253 M 49), AS SAID LOT IS SHOWN ON SAID RECORD OF SURVEY MAP (86 LSM 27); THENCE LEAVING SAID POINT OF COMMENCEMENT SOUTHERLY ALONG THE EASTERN LINE OF SAID LOT 1 (253 M 49) SOUTH 28° 49' 37" EAST, 200.19 FEET TO THE TRUE POINT OF BEGINNING;

THENCE LEAVING SAID POINT OF BEGINNING AND CONTINUING SOUTHERLY ALONG SAID EASTERN LINE OF LOT 1, LOT 2 AND LOT 3 OF SAID SUBDIVISION 5967 (253 M 49) SOUTH 28° 49' 37" EAST, 1068.53 FEET; THENCE LEAVING SAID EASTERN LINE SOUTHWESTERLY ALONG THE "NEW LOT LINE" SHOWN ON SAID RECORD OF SURVEY (86 LSM 27) SOUTH 63° 40' 05" WEST, 538.98 FEET TO A POINT ON THE EASTERN RIGHT OF WAY LINE OF CAMINO RAMON, AN 84-FOOT-WIDE PUBLIC RIGHT OF WAY, AS SAID RIGHT OF WAY IS SHOWN ON THE MAP OF SAID SUBDIVISION 5967 (253 M 49); THENCE NORTHERLY ALONG SAID EASTERN RIGHT OF WAY LINE NORTH 26° 19' 55" WEST, 1067.52 FEET; THENCE LEAVING SAID EASTERN RIGHT OF WAY LINE NORTHEASTERLY ALONG THE "NEW LOT LINE" SHOWN ON SAID RECORD OF SURVEY (86 LSM 27) NORTH 63° 40' 05" EAST, 492.46 FEET TO THE POINT OF BEGINNING.

APN: 213-133-078-5

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Packet Pg. 125 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site Exhibit A:

Covered Sites Legal Description
2301 Camino Ramon (“BR 11”)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN RAMON, IN

THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOT 3, MAP OF SUBDIVISION 5692, FILED MARCH 26, 1980 IN BOOK 236 OF MAPS, PAGE 14, CONTRA COSTA COUNTY RECORDS, AND AS SHOWN ON THE AMENDED MAP OF SUBDIVISION 5692, FILED MARCH 19, 1981 IN BOOK 250 OF MAPS, PAGE 25, CONTRA COSTA COUNTY RECORDS.

APN: 213-131-003-5

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Packet Pg. 126 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site Exhibit A:

Covered Sites Legal Description
BR1A Adjusted Parcel 1 (a portion of “CityWalk”)

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Packet Pg. 127 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site Exhibit A:

Covered Sites Legal Description
BR3A Adjusted Parcel N (a portion of “CityWalk”)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN RAMON, IN

THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Being Parcel N and a portion of Parcel O of that certain Map entitled “Parcel Map MS 901- 18”, filed for record on July 6, 2018 in Book 214 of Parcel Maps at Pages 14 and 15, Records of Contra Costa County, more particularly described as follows:

BEGINNING at the most Westerly corner of said Parcel N (214 PM 14-15), said corner being also a point on the Southeasterly line of Bishop Drive, being 68.00 feet in width, as shown on said Parcel Map (214 PM 14-15);
Thence along Southwesterly line of said Parcel N, South 26°19’55” East, 325.62 feet to the most Southerly corner of said Parcel N;
Thence leaving said corner and along the Southwesterly prolongation of the Southeasterly line of said Parcel N, South 63°40’05” West, 5.24 feet; Thence South 26°19’55” East, 345.77 feet to a point on the Northwesterly line of Bollinger Canyon Road, being of varying width, as shown on said Parcel Map, said point being also the beginning of a non-tangent curve, concave to the Southeast, having a Radius of 1060.00 feet, from which a radial line bears North 30°21’46” West; Thence Southeasterly along said curve, through a central Angle of 02°36’31”, with an arc Length of 48.26 feet to the beginning of a reverse curve, concave to the Northwest, having a Radius of 995.00 feet;
Thence Northeasterly, along said curve, through a central Angle of 06°58’34”, with an arc Length of 121.15 feet;
Thence North 55°16'1” East, 198.08 feet to the Northeasterly line of said Parcel O; Thence along said Northeasterly line and along the Northeasterly line of said Parcel N, North 28°49’37” West, 698.47 feet to the Northwesterly line of said Parcel N; Thence along said Northeasterly line, South 63°40’05” West, 262.12 feet to the Northeasterly line of said Bishop Drive;
Thence along said Northeasterly line, South 26°19’55” East, 68.00 feet to said Southeasterly line of said Bishop Drive,

9.3.a
Packet Pg. 128 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site Thence along said Southeasterly line, North 63°40’05” West, 67.02 feet to the point of BEGINNING.

Being pursuant to and identified as Adjusted Parcel N in that certain Lot Line Adjustment recorded July 26, 2023,
2023, Recording No. 2023-0071020, of Official Records.

APN: 213-133-099-1 and 213-133-100-7 (portion) current; (213-133-102, future)

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Packet Pg. 129 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT B

BR AFFORDABLE HOUSING SITE LEGAL DESCRIPTION

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Packet Pg. 130 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site Exhibit B:

BR Affordable Housing Site Legal Description
2453 Camino Ramon (“BR Affordable Housing Site”)

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN RAMON, IN

THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

ADJUSTED LOT 1 OF SUBDIVISION 5967 AS SAID ADJUSTED LOT 1 IS SHOWN ON THE MAP OF RECORD OF SURVEY FOR LOT LINE ADJUSTMENT NO. 105-87, FILED JANUARY 19, 1987, BOOK 86 OF LICENSED SURVEY MAPS, PAGE 27, CONTRA COSTA COUNTY RECORDS.

APN: 213-133-053-8

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Packet Pg. 131 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT C
ORDINANCE NO. ___ APPROVING DEVELOPMENT AGREEMENT

EXHIBIT D

9.3.a
Packet Pg. 132 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site Table 1: Bishop Ranch Allocation of Units
Very Low Low Moderate Total
(50% AMI) (80% AMI) (120% AMI)
Bishop Ranch 7 10 5 14 29
Bishop Ranch 11 10 5 14 29
CityWalk 38 38 0 76
Total 58 48 28 134
BR Affordable Housing Site (a) 153 45 0 198
Proposal Very Low Low Moderate Total
Bishop Ranch 7 40 11 0 51
Bishop Ranch 11 40 12 0 52
CityWalk Rental (b) 73 22.0 0 95.0
Total 153 45 0 198
(a) BR Affordable Housing Site's Blended AMI to not exceed 60% AMI. Distribution to be finalized
at time of financing.
(b) Refer to Section 6.1. CityWalk's affordable requirements exceed what is provided.

Table 2: Dedication Ratios for Rental and For-Sale Units Community Approved Proposed Increase Ratio
Bishop Ranch 7 29 51 22 1.76
Bishop Ranch 11 29 52 23 1.76
CityWalk 76 95 19 1.25
Total 134 198 64 1.48

9.3.a
Packet Pg. 133 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

EXHIBIT E

FORM OF WRITTEN RELEASE FOR COVERED SITES

9.3.a
Packet Pg. 134 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site Exhibit E
[City Letterhead]
[City Department Name]
[City Address]
[City Phone Number]
[City Email]
[Date]
[Developer Name]
[Developer Company Name]
[Developer Address]
RE: Release of On-Site Affordable Housing Obligation – [Project Name / Project Address / Case Number]
Dear [Developer Name]:

This letter serves as formal confirmation that the City of San Ramon (“City”) has determined that the Inclusionary Housing Ordinance affordable housing obligations required in connection with the development project located at [Project Address or Assessor Parcel Number(s)] (“Project”) have been fully satisfied through an alternative compliance mechanism authorized under City Code.

Specifically, in lieu of constructing [Number] of affordable housing units on-site, the Project’s Inclusionary Housing Ordinance obligations have been met by a separate dedication of land located at 2453 Camino Ramon that is subject to a City approved Development Agreement.

As a result of this approved land dedication, the City hereby releases the Developer from any further obligation to construct or provide on-site affordable housing units for the Project.

This determination is final for purposes of the Project’s compliance with the City’s inclusionary housing requirements and any applicable State housing laws. All other conditions of Project approval remain in full force and effect.

Sincerely,
[Name]

9.3.a
Packet Pg. 135 Attachment: Exhibit A Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop Ranch Affordable Housing Site

ATTACHMENT A

CITY OF SAN RAMON PLANNING SERVICES
Vicinity Location Map
Development Agreement (DA 2025-000
BR Affordable Housing Site
2453 Camino Ramon
(Assessor’s Parcel Number: 213-133-053)

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Packet Pg. 136 Attachment: A-Vicinity Map-2453 Camino Ramon (4776 : Bishop Ranch Affordable Housing Site Development Agreement (DA 2025-0001))

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Attachment: B -Planning Commission Resolution No. 07-25 Bishop Ranch Affordable Housing Site Development Agreement (4776 : Bishop

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CITY COUNCIL STAFF REPORT
DATE: August 12, 2025
TO: City Council/City Manager
FROM: Debbie Chamberlain, Community Development Director By: Lauren Barr, Division Manager
SUBJECT: ORDINANCE (ID # 4778) - CityWalk Development Agreement Amendments for Bishop Ranch 1A (DAA 2025-0001) and Bishop Ranch 3A (DAA 2025- 0002)

EXECUTIVE SUMMARY
The proposed Development Agreement Amendments include the Second Amendment to the BR 1A and Third Amendment to the BR 3A Development Agreements for the approved CityWalk Master Plan, which includes up to 4,500 multi-family dwelling units, a hotel, and 166,000 square feet of commercial space with supporting amenities. The proposed Amendments allow for the consideration of the transfer of CityWalk affordable units to affordable housing projects both within and in proximity to the CityWalk project area.

In addition, the Amendments provide further clarification of the future development review process by the Zoning Administrator consistent with Housing Element policy and Zoning Ordinance standards.

The Planning Commission held public hearings on July 1 and July 15, 2025. Following discussion, the Commission recommended approval of Resolution No. 08-25 and No.09-25 with comments for City Council consideration. A summary of the comments is provided in the discussion below.

RECOMMENDED ACTION
Receive the staff report; introduce the Ordinances, waive the readings; open the public hearing, take public testimony; close the public hearing and after discussion, set September 9, 2025 for adoption.

INTRODUCTION
Application:

Development Agreement Amendment (DAA) applications are for the Second Amendment (DAA 2025-0001) to the BR 1A and Third (DDA 2025-0002) to the BR 3A Development Agreements for the approved CityWalk Master Plan. The proposed Development Agreement Amendments allow for the consideration of the transfer of affordable units to affordable housing projects both within and within proximity to the CityWalk project area. In addition, the amendments provide further clarification of the future development review process by the Zoning Administrator consistent with Housing Element policy for project streamlining.

9.4 Packet Pg. 174
Site Description:

The CityWalk Master Plan encompasses approximately 134.98 acres and includes Bishop Ranch 1A (BR-1A), Bishop Ranch 3A (BR-3A), and Bishop Ranch 2600 complexes. The proposed Development Agreement Amendments (Amendments) apply only to BR-1A and BR-3A sites as shown in the Vicinity Map (Attachment A). The properties are surrounded by commercial developments within the City Center Mixed Use (CCMU) district, residential uses, and parks. With the exception of the Belmont Village Senior Care Facility (BR-1A), The balance of the BR- 1A and BR-3A site are currently undeveloped. The Related apartment project has been approved for BR 1A site, and the Avalon Bay apartment project has been approved for BR-3A site. Both projects are in various stages of City plan check in advance of construction.

Location:

Bishop Ranch 1A (APN: 213-120-036,-037, and -038)
Bishop Ranch 3A (APN: 213-133-098, 099, and 100)
(See Vicinity Map- Attachment A)
Applicant: Property Owner:

Stephanie Hill SBCA, LLC; and BR3A, LLC
Senior Vice President Development c/o Sunset Development Company Sunset Development Company 2600 Camino Ramon, Suite 201 2600 Camino Ramon, Suite 201 San Ramon, CA 94583
San Ramon, CA 94583
General Plan Designation: Zoning District
Mixed Use - City Center City Center Mixed Use (CCMU )
Environmental Review:

A Final Environmental Impact Report (SCH# 2019090586) has been certified for the CityWalk Master Plan project which includes consideration of any potential Development Agreement(s) for the approved project.

Public Outreach/Notification:

On August 1, 2025, a notice of a City Council public hearing for August 12, 2025 was mailed to property owners within approximately 300 ft. of the subject property, which complies with the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon. The August 12, 2025, public hearing notice was also posted on the City’s Official Meetings and Notice webpage.

BACKGROUND
A development agreement is a voluntary contractual arrangement between a property developer and a municipality, with the authority established in California Government Code (§65864). These agreements coordinate various aspects of a development project, including but not limited to the project description, responsibilities, duration, performance timelines, and financial provisions. These agreements are approved by an ordinance of the municipality to guarantee certainty of the agreement over time.

9.4 Packet Pg. 175
The CityWalk Master Plan (CityWalk) Development Agreements were approved in 2020 for up to 4,500 multi-family dwelling units, a 169-key hotel, 166,000 square feet of commercial space, several new parking structures, parks and related amenities to be developed over 25 years. Since the CityWalk approval, Avalon Bay apartments consisting of 456 units and the Related apartments consisting of 383 units (with 68 and 57 low and very low-income units respectively) have been approved but yet to be constructed. These approvals are consistent with the approved Development Agreements which also include a requirement that the affordable units be provided within the CityWalk boundaries, but not necessarily on the individual project sites.

On June 3, 2025, the Planning Commission adopted Resolution No. 04-25 thereby approving the Eden Housing Project (BR Affordable Housing Site Development). All units, with the exception of two on-site managers units, will be deed-restricted to lower income households. With the approvals in place, the property owner has filed a separate Development Agreement for the Eden Housing site to accommodate the affordable housing requirements for portions of Bishop Ranch including the BR1A and BR-3A portions of the CityWalk Master Plan.

Sunset Development, owner of the Bishop Ranch Affordable Housing Site located at 2453 Camino Ramon, intends to dedicate its interest in the site to Eden Housing for a 100% affordable project.

This affordable project has a surplus of affordable units and with approvals can serve as a receiver site for the transfer of affordable unit obligations for eligible projects. The proposed Amendments would make it possible to modify the approved apartment projects associated with BR- 1A and BR3A to be able to transfer affordable units to the Eden Housing receiver site subject to certain conditions as outlined in the separate Bishop Ranch Affordable Housing Site Development Agreement.

DISCUSSION/ANALYSIS
The CityWalk Development Agreements are complex documents that address many aspects of the future development of the Master Plan area over the next 25 years including the development potential and timing of obligations for the developer. For additional background, the original Development Agreements for BR 1A and BR 3A along with the City Council Staff Report can be accessed at the following link to the November 11, 2020 City Council meeting:
2020-54 Public Hearing: Introduction of Ordinance Nos. (Next in Line) Approving the CityWalk Development Agreements: - San Ramon, CA
As discussed above, the proposed Amendments would make it possible to consider modifications to the approved apartment projects associated with BR-1A and BR-3A to be able to transfer affordable units to the Eden Housing receiver site subject to the conditions outlined in the receiver site Development Agreement. Both Amendments utilize the same language for both the BR-1A and BR3A agreements to address Section 6.3-Inclusionary/Affordable Housing Obligations and Section 4.3- Life of the Project and Subsequent Approvals.

Inclusionary/Affordable Housing Obligations (Section 6.3) Section 6.3 has been modified to expand on the existing language stating that the “Developer shall construct all affordable housing units on the Master Plan Property” to now specify that the Developer can meet the affordable housing requirements by the following alternatives:

9.4 Packet Pg. 176

1. Through construction of all affordable housing units on the Master Plan Property; or

2. Through the construction of all affordable housing units outside of the Master Plan Property subject to City approval; or

3. Through the dedication of land outside of the Master Plan Property in lieu of construction of all affordable housing units as provided for in Section C4-179.D of the Inclusionary Housing Ordinance and subject to City approval of a separate agreement for the future development of the dedicated site imposing specific terms and conditions on said development, consistent with the terms of this agreement.

Life of the Project and Subsequent Approvals (Section 4.3) The second portion of the Amendments relate to the Subsequent Approval process. Housing Element Program 22 (CityWalk Master Plan Streamlining) contemplates that future approvals of projects covered by the CityWalk Master Plan should be streamlined because the overall concepts of the Master Plan have already been approved and only the details of the individual projects need to be reviewed. Each phase of the project goes through architectural review with the Architectural Review Board (ARB) to provide a detailed review of the design. Under this process, the recommendation of the ARB will be provided to the Zoning Administrator who will conduct the public hearing for community input. This provision is consistent with Zoning Ordinance Section D6-23(C) which designates the Zoning Administrator as the review authority for such projects. Further, nothing associated with this streamlining provision will prohibit the Zoning Administrator from referring future development applications to the Planning Commission if in his/her opinion Planning Commission review is warranted. Lastly, the revised language makes it clear that given the Master Plan has an approved concept for development, the City cannot compel a Concept Review application for review by the Planning Commission for projects covered by the Master Plan, and Development Agreements unless requested by the project applicant.

To ensure the public review process is served, nothing associated with this streamlined review process shall limit the ability of the public to appeal the decision of the Zoning Administrator or limit the Planning Commission/City Council’s ability to initiate a call for review consistent with Section D7-8 and D7-11 of the Zoning Code.

Planning Commission Review
The Planning Commission held public hearings on July 1 and July 15, 2025. Following discussion, the Commission recommended approval of Resolution No. 08-25 and No. 08-25 with the following comments for City Council consideration:

1. Clarify that the Zoning Administrator streamlining provision is only applicable to housing projects anticipated by Housing Element Program 22

2. Consider splitting out the Zoning Administrator provisions into a separate amendment to the Development Agreements

3. Provide additional history on Housing Element Program 22 adoption

4. Consider a different time for these Zoning Administrator meetings to ensure public access for

9.4 Packet Pg. 177
participation.

Housing Element Program 22: Citywalk Master Plan Streamlining was added to the City’s Housing Element based on conversations with the State Department Housing and Community Development during the Housing Element certification process. Program 22 states:
“The CityWalk Master Plan area is 134.98 acres consisting of four large parcels located on Bollinger Canyon Road in the Bishop Ranch campus. The Master Plan included the approval for 4,500 residential units; however, development on each parcel must still go through the entitlement process.

Streamlining the approval process will facilitate the development of the residential uses in this area.” In response to comment #1 and #3, the Policy is specific to “residential uses”, and as stated in the Development Agreement language it would be the obligation of the Zoning Administrator to determine the applicability of streamlining of future CityWalk applications. A clarification of the intent will not materially change the purpose of the streamlining or implementation of the CityWalk Development agreements, as amended. Splitting the Zoning Administrator provisions into a separate Amendment (Comment #2) will require that the Ordinance be modified and reintroduced based on the revised scope of the amendment. If it is the Council’s desire to split the topics, staff will bring the Affordable housing modifications back at a future meeting for consideration. Should the Council wish a future amendment for Zoning Administrator or any other streamlining provisions, staff can respond to those comments at a future date. Alternatively, the Council also has the ability to direct the City Manager to process the Development Agreement changes as an administrative amendment to the Agreements.

Lastly, the City has the ability to schedule the Zoning Administrator hearing dates and times to reasonably accommodate the public and provide the greatest opportunity for public participation, including evening meeting consistent with current Planning Commission and City Council public hearing schedules.

FISCAL ANALYSIS
The costs associated with processing the Development Agreement Amendments are borne by the applicant through standard processing fees.

NEXT STEPS
Set Ordinances for adoption.

ATTACHMENT(S)
Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment A- Vicinity Map BR1A and BR3A
B-Planning Commission Resolution 08-25 and 09-25

9.4 Packet Pg. 178
1 ORDINANCE NO. (Next in Line)

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

APPROVING THE SECOND AMANDMENT TO THE CITYWALK

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN RAMON AND SBCA LLC REGARDING THE BISHOP RANCH PARCEL 1A
SUNSET DEVELOPMENT. (Applicant)
SBCA LLC (Owner)
AND

CITY OF SAN RAMON
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et. seq. of the Government Code ("Development Agreement Statute"), which authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property providing for the development of such property and establishing certain development rights therein; and
WHEREAS, on January 14, 1986, the City Council of San Ramon adopted Resolution No. 86-2 establishing procedures for development agreements and development agreement amendments; and
WHEREAS, SBCA, LLC (“Developer”) has a legal interest in approximately 9.87 acres of property commonly known as Bishop Ranch located in the City (“Parcel 1A"); and
WHEREAS, On September 8, 2020, the City Council adopted Resolutions 2020- 090 and 2020-91 certifying the Final Environmental Impact Report (SCH# 2019090586) for the Project and approving the CityWalk Master Plan; and WHEREAS, the City has determined that the CityWalk Master Plan is a development project for which this Development Agreement is appropriate, and that this Agreement will eliminate uncertainty in planning, provide for the orderly development of Parcel 1A and otherwise achieve the goals and purposes of the Development Agreement Statute; and
WHEREAS, on November 24, 2020, the City Council adopted Ordinance No. 503 approving the Development Agreement for Bishop Ranch 1A; and

9.4.a
Packet Pg. 179 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 2 WHEREAS, on December 3, 2024, the City and Developer, entered into the First Amendment to the Development Agreement related to the location of the Police Substation and Clarification to the Timing of Off-site Park Obligations; and WHEREAS, on June 13, 2025, the applicant filed an application for the Second Amendment to the Development Agreement to allow for the consideration of the transfer of affordable housing units to affordable housing projects both within and within proximity to the CityWalk project area and clarify the development review process by the Zoning Administrator; and
WHEREAS, on June 23, 2025, Application DAA 2025-0001 was deemed complete by City Staff; and
WHEREAS, the Development Agreement Amendment, as a continued implementation measure of the approved CityWalk Master Plan, will not be detrimental to the health, safety and welfare of persons residing or working in the surrounding neighborhood or elsewhere in the City and will not be injurious or detrimental to property or improvements in the surrounding neighborhood or elsewhere in the City; and WHEREAS, A Final Environmental Impact Report (SCH# 2019090586) has been certified for the CityWalk Master Plan project which includes consideration of any potential Development Agreement(s) for the approved project; and WHEREAS, the Second Amendment to the Development Agreement revises Section 6.3: Inclusionary/Affordable Housing Obligations of the agreement to, among other things, allow construction of affordable units outside the CityWalk Master Plan property subject to City approval; and
WHEREAS, in addition, the Second amendment revised Section 4.3 Life of the Project Approvals and Subsequent Approvals, to clarify general Plan Housing Element Program 22 for streamlining subsequent development approvals under the City Walk Master Plan consistent with existing Zoning Administrator authority under the Zoning Ordinance section D6-23; and
WHEREAS, on June 20, 2025, a notice of a Planning Commission public hearing for July 1, 2025, was mailed to property owners within approximately 300 ft. of the subject property, which complies with the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon; and WHEREAS, on July 1, 2025, the Planning Commission conducted a public hearing on the Agreement and voted to continue the public hearing to the July 15, 2025 meeting; and
WHEREAS, on July 15, 2025, the Planning Commission approved Resolution No. 08-25 recommending City Council approval of the proposed Second Amendment to the CityWalk Development Agreement; and

9.4.a
Packet Pg. 180 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 3 WHEREAS, on August 1, 2025, a notice of a City Council public hearing for August 12, 2025, was mailed to property owners within approximately 300 ft. of the subject property, which complies with the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAMON DOES ORDAIN AS FOLLOWS:

Section 1. The City Council, in the exercise of its independent judgment, and based upon all the evidence in the record (including but not limited to all application materials and related CEQA documents, the written and oral staff reports, and oral and written comments received by the City) finds and determines as follows:

1. The recitals above are true and correct and are incorporated herein by reference; and

2. For the reasons set forth more fully in Resolution 2020-091, the CityWalk Master Plan, and hence the Development Agreement Amendment, is consistent with the General Plan and there are no physical changes to the current project approvals referenced in in the Agreement; and

3. The proposed Development Agreement Amendment will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of the property or the preservation of property values and does not materially change any of the findings associated with the prior project approvals associated with the Agreement; and

4. The City Council has considered the effects of the Development Agreement Amendment on the needs of the City, has balanced these needs against the public service needs of its residents and available resources, and determined that the proposed amendment does not result in significant impacts to City resources.

Section 2. The Development Agreement Amendment, incorporated herein by reference and attached as Exhibit A, is hereby approved, and the City Manager is authorized and directed to sign it on behalf of the City of San Ramon.

Section 3. This Ordinance shall take effect thirty (30) days after passage. Before the expiration of fifteen (15) days after its passage, this Ordinance will be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council for and against the same.
* * *
I hereby certify that the foregoing Ordinance was introduced at the August 12, 2025 meeting of the San Ramon City Council and after a public hearing was adopted at the September 9, 2025 meeting of the San Ramon City Council by the following vote:

9.4.a
Packet Pg. 181 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 4 AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________
Mark Armstrong,
Mayor
ATTEST:
________________________
Christina Franco,
City Clerk
Exhibit A: Bishop Ranch 1A Development Agreement Amendment

9.4.a
Packet Pg. 182 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 1 DRAFT
06/05/25
Recording Requested By:

City of San Ramon
When Recorded Mail To:

City Clerk
City of San Ramon
7000 Bollinger Canyon Road
San Ramon, CA 94583
Space above this line for Recorder’s Use

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT

BETWEEN THE

CITY OF SAN RAMON
AND

SBCA LLC
REGARDING BISHOP RANCH PARCEL 1A

9.4.a
Packet Pg. 183 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 2 DRAFT
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TABLE OF CONTENTS
Contents
Section 1. Inclusionary/Affordable Housing Obligations. ............................................ 4 Section 2. Life of the Project Approvals and Subsequent Approvals .......................... 4 Section 3. Continuing Effect. ...................................................................................... 5 Section 4. Counterparts.............................................................................................. 5 Section 5. Undefined Terms . ..................................................................................... 5 Section 6. Recordation. .............................................................................................. 5

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Packet Pg. 184 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 3 DRAFT
06/05/25
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT FOR BISHOP RANCH PARCEL 1A

THIS SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR
BISHOP RANCH PARCEL 1A (“Second Amended Development Agreement”) is entered into on _____________ by the CITY OF SAN RAMON, a Municipal Corporation (“City”), and SBCA LLC (“Developer”) on certain property in the Bishop Ranch area and is amended under the authority of §65864 et seq. of the California Government Code. The City and Developer are sometimes hereafter referred to collectively as the “Parties,” or individually as a “Party.”

RECITALS
A. The City and Developer entered into the Development Agreement for Bishop Ranch Parcel 1A ("Parcel 1A") and recorded it on February 11, 2021 as Instrument No. 2021-0043204 in the Official Records of Contra Costa County ("Original Development Agreement").

B. The City and Developer entered into a First Amendment to the Original Development Agreement for Parcel 1A on December 3, 2024 and recorded it on December 18, 2024 as Instrument No. 2024-0134974 in the Official Records of Contra Costa County ("Original Development Agreement"). The Original Development, the First Amendment to the Original Development Agreement and this Second Amendment to the Original Development Agreement shall collectively be referred to as "Development Agreement."
C. It is the purpose of this Second Amended Development Agreement to document a change in the inclusionary housing/affordable housing obligations method of compliance for Parcel 1A discussed in the Original Development Agreement and to clarify the future approval process for new development applications within the CityWalk Master Plan.

D. Pursuant to Government Code §65865, City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements and amendments (Title D6, Division D6 of the City Municipal Code) (“City Development Agreement Rules”). This Development Agreement has been processed, considered and executed in accordance with the City Development Agreement Rules, including without limitation, Section D6, Chapter IV of the City Municipal Code.

E. On _________, the Planning Commission recommended adoption of this Development Agreement. On __________, the City Council waived the first reading, and introduced an ordinance relating to the approval of this Agreement.

NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows:

9.4.a
Packet Pg. 185 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 4 DRAFT
06/05/25

AGREEMENT
Section 1. Inclusionary/Affordable Housing Obligations.

Section 6.3 of the Development Agreement establishes the Developer’s affordable housing obligations for Parcel 1A. Section 6.3 is hereby deleted and replaced with the following:

Section 6.3 Inclusionary/Affordable Housing Obligations Developer shall comply with the inclusionary housing obligations set forth in Title C, Chapter XII, Sections C4-175 through C4-183 in effect on the Effective Date and attached as Exhibit F ("Inclusionary Housing Ordinance").

Developer shall meet the inclusionary housing obligations either (1) through construction of all affordable housing units on the Master Plan Property; or (2) through the construction of all affordable housing units outside of the Master Plan Property subject to City approval; or (3) through the dedication of land outside of the Master Plan Property in lieu of construction of all affordable housing units as provided for in Section C4-179.D and subject to City approval of a separate agreement for the future development of the dedicated site imposing specific terms and conditions on said development, consistent with the terms of this agreement.

Section 2. Life of the Project Approvals and Subsequent Approvals Section 4.3 of the Development Agreement establishes the life of the project approvals and subsequent approvals for the development of Parcel 1A. Section 4.3 is hereby modified with the addition of the following text:

Consistent with General Plan 2040 Housing Element Program 22 CityWalk Master Plan Streamlining, all future Development Plan applications contemplated within and consistent with the scope of the prior CityWalk Master Plan approvals (Council Resolution 2020-090 and 2020-091) shall be reviewed by the Zoning Administrator as the review authority consistent with Zoning Ordinance Section D6-23. Further, such Development Plan applications within the CityWalk Master Plan shall not be subject to a Planning Commission Development Plan Concept Review unless requested by the project applicant. Nothing associated with this streamlining provision shall prohibit the Zoning Administrator from referring future development applications to the Planning Commission if in his/her opinion Planning Commission review is warranted. Additionally, nothing associated with the agreement shall limit the ability of the public to appeal the decision of the

9.4.a
Packet Pg. 186 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 5 DRAFT
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Zoning Administrator or limit the Planning Commission or City Council ability to initiate a call for review consistent with Section D7-8 and D7-11, respectively.

Section 3. Continuing Effect.

Except as modified by the First Amended Development Agreement and this Second Amended Development Agreement, the Development Agreement shall remain in full force and effect until expiration of the Term.

Section 4. Counterparts.

This Development Agreement may be executed in duplicate originals, each of which is deemed to be an original.

Section 5. Undefined Terms .

Capitalized terms that are not defined in this Second Amended Development Agreement shall have the meaning give to such terms the Original Development Agreement and the First Amended Development Agreement.

Section 6. Recordation.

City shall record a copy of this Development Agreement within ten days following execution by all persons below.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the following dates:

CITY OF SAN RAMON:

XXXXXXX, Mayor
Date:

ATTEST:

XXXXXXX, City Clerk
Date:

9.4.a
Packet Pg. 187 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 6 DRAFT 06/05/25
Approved as to Form:

Martin Lysons, City Attorney
Date:

DEVELOPER:

SBCA, LLC By: _____________________
Date:

Approved as to Form:

Peter Ziblatt
Attorney for Developer
Date:

9.4.a
Packet Pg. 188 Attachment: Ordinance (next in line) Bishop Ranch 1A Development Agreement Amendment (4778 : CityWalk Development Agreement 1 ORDINANCE NO. (Next in Line)

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

APPROVING THE THIRD AMANDMENT TO THE CITYWALK

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN RAMON AND BR3A, LLC REGARDING THE BISHOP RANCH PARCEL 3A
SUNSET DEVELOPMENT. (Applicant)
BR3A LLC (Owner)
AND

CITY OF SAN RAMON
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et. seq. of the Government Code ("Development Agreement Statute"), which authorizes the City to enter into an agreement with any person having a legal or equitable interest in real property providing for the development of such property and establishing certain development rights therein; and
WHEREAS, on January 14, 1986, the City Council of San Ramon adopted Resolution No. 86-2 establishing procedures for development agreements and development agreement amendments; and
WHEREAS, BR3A, LLC (“Developer”) has a legal interest in approximately 9 acres of property commonly known as Bishop Ranch located in the City (“Parcel 3A") excluding the Hotel site which currently subject to the Ninth Amendment to the Annexation and Development Agreement between the City and Developer entered into on April 10, 2020; and
WHEREAS, On September 8, 2020, the City Council adopted Resolutions 2020- 090 and 2020-91 certifying the Final Environmental Impact Report (SCH# 2019090586) for the Project and approving the CityWalk Master Plan; and WHEREAS, the City has determined that the CityWalk Master Plan is a development project for which this Development Agreement is appropriate, and that this Agreement will eliminate uncertainty in planning, provide for the orderly development of Parcel 3A and otherwise achieve the goals and purposes of the Development Agreement Statute; and
WHEREAS, on November 24, 2020, the City Council adopted Ordinance No. 504 approving the Development Agreement for Bishop Ranch 3A; and

9.4.b
Packet Pg. 189 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 2 WHEREAS, on January 13, 2022, the City and Developer entered into the First Amendment to the Development Agreement to clarify the Ninth Amendment to the Annexation and Development Agreement between the City and Developer entered into on April 10, 2020 as the guiding document for the BR-3A Hotel Site approvals; and WHEREAS, on December 3, 2024, the City and Developer entered into the Second Amendment to the Development Agreement related to the location of the Police Substation and Clarification to the Timing of Off-site Park Obligations; and WHEREAS, on June 13, 2025, the applicant filed an application for the Third Amendment to the Development Agreement to allow for the consideration of the transfer of affordable housing units to affordable housing projects both within and within proximity to the CityWalk project area and clarify the development review process by the Zoning Administrator; and
WHEREAS, on June 23, 2025, Application DAA 2025-0001 was deemed complete by City Staff; and
WHEREAS, the Development Agreement Amendment, as a continued implementation measure of the approved CityWalk Master Plan, will not be detrimental to the health, safety and welfare of persons residing or working in the surrounding neighborhood or elsewhere in the City and will not be injurious or detrimental to property or improvements in the surrounding neighborhood or elsewhere in the City; and WHEREAS, A Final Environmental Impact Report (SCH# 2019090586) has been certified for the CityWalk Master Plan project which includes consideration of any potential Development Agreement(s) for the approved project; and WHEREAS, the Third Amendment to the Development Agreement revises Section 6.3: Inclusionary/Affordable Housing Obligations of the agreement to, among other things, allow construction of affordable units outside the CityWalk Master Plan property subject to City approval; and
WHEREAS, in addition, the Third Amendment revised Section 4.3 Life of the Project Approvals and Subsequent Approvals, to clarify general Plan Housing Element Program 22 for streamlining subsequent development approvals under the City Walk Master Plan consistent with existing Zoning Administrator authority under the Zoning Ordinance section D6-23; and
WHEREAS, on June 20, 2025, a notice of a Planning Commission public hearing for July 1, 2025, was mailed to property owners within approximately 300 ft. of the subject

9.4.b
Packet Pg. 190 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 3 property, which complies with the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon; and WHEREAS, on July 1, 2025, the Planning Commission conducted a public hearing on the Agreement and voted to continue the public hearing to the July 15, 2025 meeting; and
WHEREAS, on July 15, 2025, the Planning Commission approved Resolution No. 09-25 recommending City Council approval of the proposed Second Amendment to the City Walk Development Agreement; and
WHEREAS, on August 1, 2025, a notice of a City Council public hearing for August 12, 2025, was mailed to property owners within approximately 300 ft. of the subject property, which complies with the standards set forth in Government Code Section 65091 (a)(4) and Section D7-24 of the Municipal Code of the City of San Ramon.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
RAMON DOES ORDAIN AS FOLLOWS:

Section 1. The City Council, in the exercise of its independent judgment, and based upon all the evidence in the record (including but not limited to all application materials and related CEQA documents, the written and oral staff reports, and oral and written comments received by the City) finds and determines as follows:

1. The recitals above are true and correct and are incorporated herein by reference; and

2. For the reasons set forth more fully in Resolution 2020-091, the CityWalk Master Plan, and hence the Development Agreement Amendment, is consistent with the General Plan and there are no physical changes to the current project approvals referenced in in the Agreement; and

3. The proposed Development Agreement Amendment will not be detrimental to the health, safety and general welfare; and will not adversely affect the orderly development of the property or the preservation of property values and does not materially change any of the findings associated with the prior project approvals associated with the Agreement; and

4. The City Council has considered the effects of the Development Agreement Amendment on the needs of the City, has balanced these needs against the public service needs of its residents and available resources, and determined that the proposed amendment does not result in significant impacts to City resources.

Section 2. The Development Agreement Amendment, incorporated herein by reference and attached as Exhibit A, is hereby approved, and the City Manager is authorized and directed to sign it on behalf of the City of San Ramon.

9.4.b
Packet Pg. 191 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 4 Section 3. This Ordinance shall take effect thirty (30) days after passage. Before the expiration of fifteen (15) days after its passage, this Ordinance will be posted in three (3) places within the City of San Ramon along with the names of the members of the City Council for and against the same.
* * *
I hereby certify that the foregoing Ordinance was introduced at the August 12, 2025 meeting of the San Ramon City Council and after a public hearing was adopted at the September 9, 2025 meeting of the San Ramon City Council by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________
Mark Armstrong,
Mayor
ATTEST:
_________________________
Christina Franco,
City Clerk
Exhibit A: Bishop Ranch 3A Development Agreement Amendment

9.4.b
Packet Pg. 192 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 1 DRAFT
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Recording Requested By:

City of San Ramon
When Recorded Mail To:

City Clerk
City of San Ramon
7000 Bollinger Canyon Road
San Ramon, CA 94583
Space above this line for Recorder’s Use

THIRD AMENDMENT TO DEVELOPMENT AGREEMENT

BETWEEN THE

CITY OF SAN RAMON
AND
BR3A LLC
REGARDING BISHOP RANCH PARCEL 3A

9.4.b
Packet Pg. 193 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 2 DRAFT
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TABLE OF CONTENTS
Contents
Section 1. Inclusionary/Affordable Housing Obligations. ............................................ 4 Section 2. Life of the Project Approvals and Subsequent Approvals .......................... 4 Section 3. Continuing Effect. ...................................................................................... 5 Section 4. Counterparts.............................................................................................. 5 Section 5. Undefined Terms . ..................................................................................... 5 Section 6. Recordation. .............................................................................................. 5

9.4.b
Packet Pg. 194 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 3 DRAFT
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THIRD AMENDMENT TO DEVELOPMENT AGREEMENT FOR BISHOP RANCH PARCEL 3A

THIS THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR
BISHOP RANCH PARCEL 3A (“Third Amended Development Agreement”) is entered into on _____________ by the CITY OF SAN RAMON, a Municipal Corporation (“City”), and BR3A LLC (“Developer”) on certain property in the Bishop Ranch area and is amended under the authority of §65864 et seq. of the California Government Code.

The City and Developer are sometimes hereafter referred to collectively as the “Parties,” or individually as a “Party.”

RECITALS
A. The City and Developer entered into the Development Agreement for Bishop Ranch Parcel 3A ("Parcel 3A") and recorded it on February 11, 2021 as Instrument No. 2021--0043204 in the Official Records of Contra Costa County ("Original Development Agreement"). The Original Development Agreement was amended by the First Amended Development Agreement on February 14, 2022 as Instrument No. 2022-0027283 (“First Amended Development Agreement”) and was amended by the Second Amended Development Agreement on December 4, 2024 as Instrument No. 2024-0130197 (“Second Amended Development Agreement”). The Original Development Agreement, First Amended Development Agreement, Second Amended Development Agreement and this Third Amended Development Agreement shall collectively be referred to as “Development Agreement.” B. It is the purpose of this Third Amended Development Agreement to document a change in the inclusionary housing/affordable housing obligations method of compliance for Parcel 3A discussed in the Original Development Agreement and to clarify the future approval process for new development applications within the CityWalk Master Plan.

C. Pursuant to Government Code §65865, City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements and amendments (Title D6, Division D6 of the City Municipal Code) (“City Development Agreement Rules”). This Development Agreement has been processed, considered and executed in accordance with the City Development Agreement Rules, including without limitation, Section D6, Chapter IV of the City Municipal Code.

D. On _________, the Planning Commission recommended adoption of this Development Agreement. On __________, the City Council waived the first reading and introduced an ordinance relating to the approval of this Agreement.

NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows:

9.4.b
Packet Pg. 195 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 4 DRAFT
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AGREEMENT
Section 1. Inclusionary/Affordable Housing Obligations.

Section 6.3 of the Development Agreement establishes the Developer’s affordable housing obligations for Parcel 3A. Section 6.3 is hereby deleted and replaced with the following:

Section 6.3 Inclusionary/Affordable Housing Obligations Developer shall comply with the inclusionary housing obligations set forth in Title C, Chapter XII, Sections C4-175 through C4-183 in effect on the Effective Date and attached as Exhibit F ("Inclusionary Housing Ordinance").

Developer shall meet the inclusionary housing obligations either (1) through construction of all affordable housing units on the Master Plan Property; or (2) through the construction of all affordable housing units outside of the Master Plan Property subject to City approval; or (3) through the dedication of land outside of the Master Plan Property in lieu of construction of all affordable housing units, as provided for in Section C4-179.D and subject to City approval of a separate agreement for the future development of the dedicated site imposing specific terms and conditions on said development, consistent with the terms of this agreement.

Section 2. Life of the Project Approvals and Subsequent Approvals Section 4.3 of the Development Agreement establishes the life of the project approvals and subsequent approvals for the development of Parcel 3A. Section 4.3 is hereby modified with the addition of the following text:

Consistent with General Plan 2040 Housing Element Program 22 CityWalk Master Plan Streamlining, all future Development Plan applications contemplated within and consistent with the scope of the prior CityWalk Master Plan approvals (Council Resolution 2020-090 and 2020-091) shall be reviewed by the Zoning Administrator as the review authority consistent with Zoning Ordinance Section D6-23. Further, such Development Plan applications within the CityWalk Master Plan shall not be subject to a Planning Commission Development Plan Concept Review unless requested by the project applicant. Nothing associated with this streamlining provision shall prohibit the Zoning Administrator from referring future development applications to the Planning Commission if in his/her opinion Planning Commission review is warranted. Additionally, nothing associated with

9.4.b
Packet Pg. 196 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 5 DRAFT
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the agreement shall limit the ability of the public to appeal the decision of the Zoning Administrator or limit the Planning Commission or City Council ability to initiate a call for review consistent with Section D7-8 and D7-11, respectively.

Section 3. Continuing Effect.

Except as modified by the First Amended Development, the Original Development Agreement shall remain in full force and effect until expiration of the Term.

Section 4. Counterparts.

This Development Agreement may be executed in duplicate originals, each of which is deemed to be an original.

Section 5. Undefined Terms .

Capitalized terms that are not defined in this First Amended Development Agreement shall have the meaning give to such terms the Original Development Agreement and the First Amended Development Agreement.

Section 6. Recordation.

City shall record a copy of this Development Agreement within ten days following execution by all persons below.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the following dates:

CITY OF SAN RAMON:

XXXXXXX, Mayor
Date:

ATTEST: Date:

9.4.b
Packet Pg. 197 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement 6 DRAFT 06/04/25
XXXXXXX, City Clerk
Approved as to Form:

Martin Lysons, City Attorney
Date:

DEVELOPER:

BR 3A, LLC
By: __________________
By: ________
Date:

Approved as to Form:

Peter Ziblatt
Attorney for Developer
Date:

9.4.b
Packet Pg. 198 Attachment: Ordinance (next in line) Bishop Ranch 3A Development Agreement Amendment (4778 : CityWalk Development Agreement ATTACHMENT 1

CITY OF SAN RAMON PLANNING SERVICES
Vicinity Map
DAA 2025-0001, 0002
Bishop Ranch 1A, 3A Development Agreement
Amendments
Various Addresses
(APN: Various)
(Not to Scale)
BR3A
Bollinger Canyon Rd.

Camino Ramon
BR1A

9.4.c
Packet Pg. 199 Attachment: A- Vicinity Map BR1A and BR3A (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A (DAA 2025-0001)

9.4.d
Packet Pg. 200
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 201
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 202
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 203
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 204
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 205
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 206
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 207
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 208
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 209
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 210
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 211
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 212
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 213
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 214
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 215
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 216
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A

9.4.d
Packet Pg. 217
Attachment: B-Planning Commission Resolution 08-25 and 09-25 (4778 : CityWalk Development Agreement Amendments for Bishop Ranch 1A