RESOLUTION NO.
RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE
KESSING RANCH SUBDIVISION PUBLIC IMPROVEMENTS AND AUTHORIZING
THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION AND TO
RELEASE ANY SUBDIVISION IMPROVEMENT AGREEMENT SECURITIES UPON PASSAGE OF 35 DAYS OF NOTICING WITH NO PROTESTS
WHEREAS, As part of the orderly development of the City, the City considers and approves subdivision plans then typically enters into Subdivision Improvement Agreements for the installation and eventual acceptance by the City of public improvements; and WHEREAS, this process is to ensure the development meets the City’s land use and infrastructure requirements presented in the General Plan, codified in the Municipal Code, and prescribed in guidance documents including the Engineering Design Standards, Standard Plans, and Construction Specification Manual and Building Permit forms and procedures; and WHEREAS, the Kessing Ranch Subdivision has followed these procedures and the public improvement portion of the constructed development is ready for City Council acceptance; and
WHEREAS, on March 26, 2019, City Council accepted the Improvement Plans and approved the Subdivision Improvement Agreement, Final Map and easement dedications and right-of-way abandonment for the Kessing Ranch subdivision; and WHEREAS, the public improvements have been completed to the satisfaction of the City Engineer and in accordance with the project plans and specifications and is recommended for acceptance by the City; and
WHEREAS, following City Council action, the City Clerk is to record the Notice of Completion, then, after the 35-day noticing period with no protests received, the City Clerk is to release any remaining Subdivision Securities; and
WHEREAS, a maintenance bond has been received by the City, which is a financial guarantee in the event the developer is unresponsive to correcting any deficiencies in the public improvements for a period of one year following City acceptance of the Public Improvements, and, following City Council’s acceptance, the purpose of the Subdivision Improvement Agreement has been fulfilled; and
WHEREAS, in accepting the public improvements, the City is taking responsibility for the long-term maintenance of these improvements; and
WHEREAS, the development is within the Community Facilities District (CFD) so a special assessment is collected by the City for maintenance of streets, lighting and public safety; and
WHEREAS, maintenance of the common areas including the small stone house park and on-site storm water system, is the responsibility of the Homeowners Association, and Owners are to maintain, repair and replace all landscaping within their lots and within the planter and landscape strips, and these and other maintenance responsibilities are fully described in the recorded Declaration of Conditions, Covenants, and Restrictions of the Kessing Ranch Homeowners Association; and
WHEREAS, the environmental review for the Project was completed and Council adopted a Mitigated Negative Declaration with the Vesting Tentative Map approval in 2009, and, on May 9, 2017, City Council adopted a resolution approving an Addendum to the 2009 Mitigated Negative Declaration
NOW THEREFORE BE IT RESOLVED, the City of Cotati City Council hereby determines:
1. The Kessing Ranch Subdivision Public Improvements identified in the Subdivision Improvement Agreement executed on March 28, 2019, are accepted, and
2. The City Clerk is directed to record the Notice of Completion with the County Recorder’s office and after 35 days with no protests, release any remaining securities, such as the Performance Bond, Labor and Materials Bond, and Monumentation Bond, and
3. The City is in receipt of a Maintenance Bond to be held for needed repairs of public improvements due to substandard construction or defects for a period of one year following City acceptance of the improvements.
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 February 13, 2024 by the following vote, to wit:
RESULT:
MOVER:
SECONDER:
AYES:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney