RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AUTHORIZING THE CITY MANAGER TO APPROVE AMENDMENT 1 TO THE FREEWAY
MAINTENANCE AGREEMENT WITH CALTRANS
WHEREAS, on June 11, 1957, a Freeway Maintenance Agreement (Agreement) was executed between the County of Sonoma (“County”) and California Department of Transportation (“State”) for State Route 101, between 0.5 mile south of Wilfred Avenue, and Railroad Avenue; and
WHEREAS, the City of Cotati subsequently was incorporated and therefore assumed the maintenance obligations of the County within the City limits; and WHEREAS, the Agreement was revised in 2016, to incorporate revisions from the completion of the State Route 101 expansion project in and near City limits; and WHEREAS, the revisions were prompted by the City requesting an encroachment permit for landscaping improvements, completed in 2017, along Highway 116 across the State Route 101, and the revised Agreement was needed to obtain the encroachment permit prior to the City starting construction on the landscaping improvements; and
WHEREAS, the City once again has requested an encroachment permit for a City project, the Downtown and Civic Center Connectivity and Safety Project (Project), and Caltrans has required the Agreement be revised; and
WHEREAS, the required revisions by Caltrans is the addition of an Article, a paragraph in the Agreement, including maintenance of bike paths, lanes and cycle tracks in the Agreement.
Staff has reviewed the proposed language and has no issues or concerns, and there are no other required revisions to the Agreement at this time, however, there may be more required revisions to the Agreement in the future, including planned improvements to Highway 116; and WHEREAS, the financial impact of revising the Agreement is minor since this is an update to an existing agreement with similar City maintenance responsibilities, and City costs to maintain its bicycle paths, lanes, and cycle tracks in these areas have been factored into the adopted budget, and if certain features are damaged, and the responsible party does not have insurance, there could be additional one-time costs for the City to repair the damage; and WHEREAS, the action of executing the Freeway Maintenance Agreement does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378, therefore, no further environmental review is required.
NOW THEREFORE BE IT RESOLVED THAT the City Council hereby:
1. Finds the above recitals to be true and correct; and
2. Authorizes the City Manager to execute the attached Amendment Number 1 to the Caltrans Maintenance Agreement in substantially the form attached, subject to final approval by the City Attorney.
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 June 28th, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Current Freeway Maintenance Agreement (PDF) Freeway
Maintenance Agreement Amendment 1 (PDF)