RESOLUTION NO.
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL APPROVING THE
PUBLIC IMPROVEMENT AGREEMENT, PUBLIC UTILITY EASEMENT AND
WATER LINE EASEMENT AGREEMENTS SUBSTANTIALLY IN THE FORM
ATTACHED AND CONDITIONED ON THE CITY ENGINEER'S APPROVAL OF THE
FINAL IMPROVEMENT PLANS AND ACCEPTANCE OF THE IRREVOCABLE
OFFER OF DEDICATION OF THE BLODGETT STREET CUL-DE-SAC
WHEREAS, 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); and
WHEREAS, 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; and WHEREAS, 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; and WHEREAS, 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, and, 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; and
WHEREAS, 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; and
WHEREAS, improvement Plans (“Plans”) were submitted and reviewed and the applicant has substantially finalized the Plans, a draft version attached hereto, and there are only a limited number of relatively minor revisions needed for the Plans to be accepted by the City Engineer; and
WHEREAS, 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 and the Plans are at a construction level of detail for both private and public improvements and are incorporated into the Public Improvement Agreement; and WHEREAS, the attached Public Improvement Agreement (PIA), between the City and Sandell Holdings, LLC, has been prepared and reviewed by City Staff and City Attorney and is recommended for approval in substantially the form attached; and WHEREAS, a PIA is required to ensure the public improvements within the area to be dedicated as right-of-way (i.e. the Blodgett Street Cul-De-Sac) are constructed and to the City’s satisfaction and the improvements are to be in place before the City grants occupancy as these improvements are needed to serve the proposed use; and
WHEREAS, the PIA specifies the improvements to be completed, the total estimated cost of these improvements and provides security for completing the work, and once complete, the PIA requires a warranty of the improvements for one year; and WHEREAS, 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); and
WHEREAS, 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; and WHEREAS, 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, and an additional easement through the neighboring property, owned by the Mosquito Abatement District, would be required to complete the connection, and the future pipeline is not needed to serve the subject Project but rather provide for future system capacity and reliability; and WHEREAS, 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. Landscaping including soil preparation, interpretive signs, plantings for common use areas and street frontages,
6. All dry utilities (gas, electric, and communications); and WHEREAS, an itemized engineer’s cost estimate for these improvements is included as an attachment to the PIA; and
WHEREAS, 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, and the City Engineer and City consultant have reviewed and approved the submitted calculations and design which are shown on the Improvement Plans; and WHEREAS, 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; and
WHEREAS, the City issued a request for proposals in August 2019, and determined Moe Engineering to be the most qualified to perform construction inspection services; and WHEREAS, City staff requested and Moe Engineering provided a proposal to provide inspection services for the Project, and Staff has reviewed the proposal and finds it to be fair and reasonable and recommends it for approval; and
WHEREAS, 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; and
WHEREAS, City inspections of the construction is managed similarly with a deposit account to pay the City’s expenses, including consultants; and WHEREAS, 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.
NOW THEREFORE BE IT RESOLVED THAT the City of Cotati City Council hereby:
1. Finds the above recitals to be true and correct; and
2. Approves the Public Improvement Agreement substantially in the form attached and conditioned on the City Engineer approving the Improvement Plans; and
3. Accepts the Public Utility Easement Agreement substantially in the form attached; and
4. Accepts the Water Line Easement Agreement substantially in the form attached; and
5. Accepts the Irrevocable Offer of Dedication of the Blodgett Street extension in substantially the form attached, and allows the City Manager to accept the dedication once the improvements are completed; and
6. Approves a professional services agreement with Moe Engineering for construction inspection services for on-site and public improvements for an amount not to exceed $32,901.75; and
7. 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.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the March 22nd, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
PIA - 380 Blodgett St (PDF)
380 Blodgett Easements with EXHIBITS, 3 16 22 (PDF)
HELMAN LANE - GRADING PERMIT SET - 2020-03-03 (PDF)