RESOLUTION NO.
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL APPROVING THE
PUBLIC IMPROVEMENT AGREEMENT AND PARCEL MAP, AND ACCEPTANCE
OF THE DEDICATIONS AND EASEMENTS DESCRIBED ON THE PARCEL MAP,
SUBSTANTIALLY IN THE FORM ATTACHED
WHEREAS, On May 13, 2019, the Planning Commission of the City of Cotati adopted a resolution approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving Design Review, Variances, and a Use Permit for the Cotati Hotel with associated outdoor dining on private property and alcohol sales with entertainment; and WHEREAS, the project is to build a 153-room hotel and 7,250, square feet of commercial space in two buildings separated by a 10,300 square-foot pedestrian plaza with amenities for outdoor dining and events, and, 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 May 13, 2019, Planning Commission 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 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 is working to address all the City’s review comments to substantially finalize the Plans, and there are a limited number of revisions remaining to be addressed by the applicant for the Plans to be accepted by the City Engineer; and
WHEREAS, the Plans were checked for conformance with the entitled Project approved with the Final Design Review, and with City engineering standards and Fire District requirements, and the Plans are nearly at a construction level of detail for both private and public improvements and, once finalized, are to be incorporated into the Public Improvement Agreement (PIA); and
WHEREAS, the PIA assures the City the improvements will be constructed and are backed by labor, performance and material bonds, and, once complete, the City is to accept the Public Improvement portion of the Project and the applicant is to carry a maintenance bond to make any needed repairs for a period of one year from City acceptance of the improvements; and WHEREAS, the attached draft Public Improvement Agreement (PIA), between the City and the developer, is based on the city template with minimal requested changes by the developer, so is recommended for execution 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 widened St Josephs Way and the section of Old Redwood Highway to be widened allowing for a U turn for those going south) are constructed in accordance with City standards and requirements and to the City’s satisfaction, and the improvements are to be in place before the City grants occupancy for the Hotel and Marketplace as these improvements are needed to serve the proposed use; and WHEREAS, the executed PIA will reference the final public improvements to be completed, specify the total estimated cost of these improvements, provides open access for City inspectors, and provide security for completing the work, and, once complete, the PIA requires a maintenance bond of the improvements for one year following City acceptance of the improvements; and
WHEREAS, the executed PIA will includes the full legal description of the property, and the portion of the property to be dedicated to the City; and WHEREAS, the attached draft Parcel Map records resulting parcel configuration, the northerly 30-foot of St Joseph Way across the property’s frontage to be dedicated to the City, a 5- foot Public Utility Easement (PUE) along St Joseph Way, the Public Access Easement for the public parking area (Park and Ride), and the Public Access easement for the interpretive area and public pathway on the site, and the Parcel Map is to include language specifying the purpose and use of these areas and maintenance responsibilities; and WHEREAS, the Improvement Plans specifically include the following public improvements:
1. St Josephs Way (Public) street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, streetlights, 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 service line installation to the subject property,
4. Water improvements consisting of the service line installation 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 to be included as an attachment to the executed PIA; and
WHEREAS, regarding storm water low impact development (LID) requirements, the calculations and design submitted as part of the entitlement phase are being finalized for resubmittal to the City, and the City Engineer and City consultant will review and approve the resubmittal calculations and design before City approval of the Improvement Plans, additionally, the Developer is to submit to the City the Declaration of Covenants Regarding Maintenance of Storm Water Best Management Practice Facilities to ensure the LID features, on private property, are maintained for their continued effectiveness in slowing, treating and sinking storm water; and
WHEREAS, although much of the LID features are on private property, the City, under its MS4 Permit with the Regional Board, is to regulate stormwater discharges into its stormwater system and protect the water quality of the receiving waters; 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 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, onsite inspections are to be conducted by the City’s contract building official whose fee is paid for with the standard fees collected at time of permit issuance; and WHEREAS, the processing of the development application documents including the PIA, easement dedications, and improvement plans are paid for by the Developer through a cost recovery account, and City inspections of the construction is managed similarly with a deposit account to pay the City’s expenses, including consultants and with fees collected as a condition of permit issuance; and
WHEREAS, an Environmental Initial Study and Mitigated Negative Declaration (IS/MND) was prepared in accordance with the California Environmental Quality Act (CEQA), and, on May 13, 2019, the City Planning Commission adopted Resolution 2019-3, adopting a Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program for the Cotati Hotel and Market Hall Project and making the required findings pursuant to CEQA.
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, subject to final City Attorney review and Improvement Plans; and
3. Accepts the draft Parcel Map substantially in the form attached subject to the City Engineer approving the final form of the Parcel Map; and
4. Accepting the dedication of land and easements including but not limited to:
a. irrevocable offer of dedication of the northerly 30-foot of St Joseph Way across the property’s frontage to be dedicated to the City,
b. a 5-foot Public Utility Easement (PUE) along St Joseph Way, c. the Public Access Easement for the public parking area (Park and Ride), and d. the Public Access easement for the interpretive area and public pathway on the site.
5. 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, with costs to be paid by the Developer; and
6. Authorize the City Manager to sign and record, or cause to be recorded, the aforementioned Public Improvement Agreement, and Parcel Map, and to take any such other and further action as may be necessary to carry out the intent of this 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 August 8th, 2023, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Public Improvement Agreement Clean (PDF) SITE
IMPROVEMENT PLANS (PDF)
Cotati Hotel Landscape Improvement Plans (PDF)
Parcel Map and Dedications (PDF)