Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Approval of the Public Improvement Agreement, and accept the associated dedication of easements for public purposes for the Sandell Distribution Warehouse Project located at 380 Blodgett Street
Date: March 22, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati adopt a resolution to: 1. Approve the Public Improvement Agreement substantially in the form attached; and 3.Accept the Public Utility Easement Agreement substantially in the form attached ; and
4. Accept the Water Line Easement Agreement substantially in the form attached; and
5. Accept the Irrevocable Offer of Dedication of the Blodgett Street extension; and
5. Approve a professional services agreement with Moe Engineering for construction inspection services for on-site and public improvements for an amount not to exceed $23,000; and
6. Authorize the City Manager to sign and record, or cause to be recorded, the aforementioned Public Improvement Agreement, and public right of way dedication, public utility easement, and the water line easement and to take any such other and further action as may be necessary to carry out the intent of the attached Resolution.
Background
On September 28, 2021, the City Council accepted the recommendations of the Planning Commission and adopted resolutions approving environmental documents, an ordinance change allowing Storage-Warehouse and indoor storage with a Use Permit, and a Use Permit and Preliminary/Final Design Review for the proposed Sandell Distribution Warehouse Project (Project). The Project consists of a 54,064 square foot warehouse to be used by a moving and storage company with the outdoor storage of portable storage containers. Following tonight’s City Council action on the Public Improvement Agreement, and related easements and dedications, the development would be constructed with administrative approvals for construction permits and payment of fees.
Analysis/Discussion
Following the Final Design approvals provided at the September 28, 2021, City Council meeting, the “Entitlement” phase of the Project ended and the “Improvement” phase began. The first step of the Improvement phase was initiated with the submittal by the Developer of the draft Improvement Plans and Real Property applications for review by the City Engineer, Community Development Director, Police Chief, Building Inspector, and the Rancho Adobe Fire District Fire Marshal. Additional steps undertaken since the Council Project approval include working to satisfy the Condition of Approval items including the storm water requirements and preparation of the Public Improvement Agreement. Improvement Plans (“Plans”) were submitted and reviewed and the applicant has substantially finalized the Plans. There are only a limited number of relatively minor revisions needed for the Plans to be accepted by the City Engineer. The Plans were checked for conformance with the entitled Project approved by City Council and with the Final Design Review, and with City engineering standards and Fire District requirements. The Plans are at a construction level of detail for both private and public improvements and are incorporated into the Public Improvement Agreement.
Public Improvement Agreement
The attached Public Improvement Agreement (PIA), between the City and Sandell Holdings, LLC, has been prepared and reviewed by City Staff and the City Attorney and is recommended to authorize the approval in substantially the form attached. A PIA is required to ensure the public improvements within the area to be dedicated as right-of-way (i.e. the Cul-De-Sac) are constructed and to the City’s satisfaction. The improvements are to be in place before the City grants occupancy as these improvements are needed to serve the proposed use.
The PIA specifies the improvements to be completed, the total estimated cost of these improvements and provides security for completing the work. Once complete, the PIA requires a warranty of the improvements for one year. The PIA includes the full legal description of the property, and the portion of the property to be dedicated to the City (a new Cul-De-Sac at the western end of Blodgett Street).
The attached Public Utility Easement Agreement and Irrevocable Offer of Dedication Agreement are agreements to convey the land at the end of Blodgett Street for public uses and provide for a public water easement, respectively. The Public Water Easement provides a means for a future pipeline, identified in the City’s Water Master Plan, to be connected to a water pipeline in Helman Avenue. An additional easement through the neighboring property, owned by the Mosquito Abatement District, would be required to complete the connection. The future pipeline is not needed to serve the subject Project but rather provide for future system capacity and reliability.
The Improvement Plans specifically include the following public improvements:
1. Street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, street lights, striping and signs, and slurry seal,
2. Storm drainage including conventional storm drain features (inlets, pipelines, sidewalk drains), and Low Impact Development features (bioswales and linear retention basin),
3. Sanitary sewer improvements including the extension of the City sewer in Blodgett Street to the subject property,
4. Water improvements consisting of extension of the existing public water main in Blodgett to the subject property,
5. New street lights in the Cul-De-Sac,
6. Landscaping including soil preparation, interpretive signs, plantings for common use areas and street frontages,
7. All dry utilities (gas, electric, and communications).
An itemized engineer’s cost estimate for these improvements is included as an attachment to the PIA.
Regarding storm water low impact development (LID) requirements, the calculations and design submitted as part of the entitlement phase were finalized and resubmitted to the City. The City Engineer and City consultant have reviewed and approved the submitted calculations and design which are shown on the Improvement Plans. Additionally, the Developer has submitted to the City the Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practice Facilities to ensure the LID features are maintained for their continued effectiveness in slowing, treating and sinking storm water.
The City issued a request for proposals in August 2019, and determined Moe Engineering to be the most qualified to perform construction inspection services. City staff requested and Moe Engineering provided a proposal to provide inspection services for the Project. Staff has reviewed the proposal and finds it to be fair and reasonable and recommends it for approval.
Financial Considerations
The processing of the development application documents including the Public Improvement Agreement, easement dedications, and improvement plans are paid for by the Developer through a cost recovery account. City inspections of the construction is managed similarly with a deposit account to pay the City’s expenses, including consultants.
Environmental Issues
On September 28, 2021, City Council adopted Resolution Number 2021-51 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sandell Distribution Warehouse Project and made the required findings pursuant to the California Environmental Quality Act.