CITY COUNCIL REGULAR MEETING AGENDA PACKET 3-17-26 (3)

Page 2 of 3 DISCUSSION The 1994 Maintenance Agreement expired on August 4, 2024, at the conclusion of its 25-year term (Attachment 4). Since that time, no updated agreement has been executed among all parties utilizing Santos Ranch Road. The expiration of the agreement created the need to formalize updated terms governing use of the roadway and to incorporate current City standards for maintenance, insurance, and indemnification. Staff prepared a Proposed License Agreement (Attachment 1) that reflects the City’s current contractual and risk management standards. The Proposed Agreement differs from the 1994 Agreement in several key respects: 1. The 1994 Agreement required the parties to perform maintenance pursuant to a defined schedule. The Proposed Agreement clarifies which maintenance obligations, if any, belong to the City and provides the City with discretion to maintain the roadway as necessary for City operations and in accordance with City standards. 2. The 1994 Agreement required nominal annual maintenance contributions ranging from $100 to $150 per party. The Proposed Agreement eliminates this fee requirement. 3. The Proposed Agreement updates and strengthens insurance and indemnification provisions to reflect current City risk management standards and to ensure appropriate liability protection associated with private use of a City-owned roadway. Beginning on August 13, 2024, the City initiated outreach to the eleven (11) interested parties. Correspondence describing the City’s ownership of Santos Ranch Road and enclosing the Proposed Agreement was mailed on August 13, 2024; October 17, 2024; November 15, 2024; and July 16, 2025. To date, five of the eleven parties have responded. Two agreements have been received, including agreements with the East Bay Regional Park District (Attachment 2) and Geno Tolari (Attachment 3). Staff continues to coordinate with the remaining responding parties. Challenges in securing executed agreements include property owners residing outside the country, outdated or limited contact information, and a lack of response despite repeated follow-up. In certain instances, agreements require internal review by the respective parties prior to execution. Staff’s next steps include continued phone outreach and in-person visits to residential property owners. As the fee title owner of Santos Ranch Road, the City retains the authority to manage and restrict access to the private roadway if agreements are not executed, including modifying gate access credentials. Staff recommends that the City Council authorize the City Manager to execute the Proposed Agreements with those parties that have responded, and to execute future Proposed Agreements in substantially the same form as Attachment 1 for the remaining residential parties, as outreach efforts continue. EQUITY AND SUSTAINABILITY Not applicable, as this item is an administrative matter of City business. OUTREACH Page 139 of 242