RESOLUTION NO. (XX)
RESOLUTION OF THE COUNCIL OF THE CITY OF COTATI
APPROVING THE ENVIRONMENTAL REVIEW, FINDING THE
PROJECT EXEMPT FROM CEQA PURSUANT TO CALIFORNIA
PUBLIC RESOURCES CODE CEQA GUIDELINES SECTION 15183,
FOR THE HIGHWAY 116/WEST COTATI AVENUE INTERSECTION
SAFETY IMPROVEMENTS PROJECT (PROJECT), APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH MARK THOMAS &
COMPANY, INC. FOR DESIGN SERVICES FOR THE PROJECT,
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
PROFESSIONAL SERVICES AGREEMENT AND APPROVE ANY
NEEDED AMENDMENTS UP TO THE APPROVED BUDGET AMOUNT,
AND APPROVING THE APPROPRIATION OF FUNDS TO THE
PROJECT ACCOUNT
WHEREAS, the intersection of West Cotati Avenue and Highway 116 has long been a safety concern as it serves the West side of town and is off a busy two-lane highway, and the City continues to pursue grant funds to improve the intersection and is included in the City’s Traffic Impact Fee Program; and
WHEREAS, the intersection was included in the Caltrans Highway 116 Widening Project, for which plans were completed in 2009, and was to be improved with the South Sonoma Business Park, however, the Business Park did not get completed in its entirety and only improvements to the Lowes development were completed; and WHEREAS, improving the intersection remains a priority for the City, and in 2021, the City included the Project as one of five projects submitted to the Sonoma County Transportation Authority to prioritize for grant funding opportunities, additionally in 2021, the City completed its Local Road Safety Plan which identified the intersection improvements as a priority safety project, and, in 2024, the City adopted its Active Transportation Plan which also includes the Project as a high priority; and
WHEREAS, the improvements are envisioned to move ahead in tandem with the recently entitled Cotati Villages 1 and 2 development projects which are to add a total of 303 rental units including 31 affordable units for families in the very low-income bracket, and the private developments are dependent upon the proposed Project improvements being constructed and impact fees for those projects are to be applied to the Project, additionally, the City has been successful in obtaining Federal and State funds for Project construction; and WHEREAS, on October 25, 2022, City Council approved professional services agreements to complete the environmental review and 35 percent design for the Project, and those efforts are now complete and Staff is recommending City approval of the environmental review and approving an agreement to complete the design and obtain Caltrans approvals; and WHEREAS, City Engineering issued a Request for Qualifications and, in August, 2024 received qualifications from a number of engineering firms, and, upon review of the qualifications, Staff determined Mark Thomas & Company, Inc. to be the most qualified to provide the requested services for the Project; and
WHEREAS, the firm has extensive prior experience for similar projects that require navigating the Caltrans approval process and working with resource agencies, additionally, Mark Thomas was part of the consultant team that developed the 35 percent design drawings for the Project; therefore, Staff requested and Mark Thomas provided a proposal to complete design, obtain Caltrans project approvals including the encroachment permit, and prepare bid documents for the Project; and
WHEREAS, the proposed services include obtaining all foreseeable permits and clearances for construction including a property swap needed for the intersection, and, with the scope of services beginning this month, bidding is projected to occur sometime in early 2026; and
WHEREAS, the City completed an extensive Environmental Review concurrently with the 35 percent design effort, and the effort began in late 2022 and concluded in June of this year and included public outreach with informational presentations at both the Planning Commission and City Council, additionally, the Project has a public website containing the project description, timelines, background information, project plans, and a way to provide comments and reach City Staff; and
WHEREAS, the CEQA Analysis is attached and uses CEQA Guidelines Sections 15183, which provides a streamlined review of the Project by tiering from the program level analysis prepared for the Cotati General Plan and its certified Environmental Impact Report (EIR), thereby focusing the analysis to potential impacts of the Project relative to the impacts analyzed in the EIR, and the Project is required to incorporate or comply with all applicable mitigation measures identified in the General Plan EIR, uniformly applied development standards, and environmental conditions of approval, and Section 7 of the CEQA Analysis contains the environmental conditions of approval imposed on the Project; and WHEREAS, the Project has been analyzed pursuant to CEQA Guidelines Section 15183 and does not require circulation for public review and comment, nonetheless, the City will continue to make the Project design and this CEQA Analysis available through a public process, which requires approval from the City Council for the design, engineering, and construction of the preferred alignment for State Route 116 and West Cotati Avenue Realignment; and WHEREAS, the Mark Thomas proposed scope of services is attached and is to take the 35 percent design to 100 percent and obtain all necessary State and Federal project approvals, and
WHEREAS, upon completion of the scope of services, the Project would be cleared to be advertised for bidding and Caltrans approvals would have been obtained to allow construction to begin; and
WHEREAS, the City’s adopted FY24/25 Budget includes $362,000, to complete the design for the Project, and the proposed design cost is $1,206,756, which leaves a funding shortfall of $844,756; and
WHEREAS, the Table below lists the proposed other project reductions which will provide the sources of funding for this shortfall:
Project Proposed
Action
Available Funds
Class 1 Pathway Maintenance Project Postpone/City
Forces
$185,000
Trash Implementation Plan – Phase 1 Postpone $231,000
2025 Street Improvements Project – Construction* Use/Replenish $412,000 2026 Street Improvements Project – Design Reduce design budget
$ 6,756
Gateway Signage Postpone $ 10,000
Total $844,756
; and
WHEREAS, the 2025 Street Improvements Project funds are not expected to be spent until construction is ready in the late Spring of 2025, and Staff proposes using those funds and replenishing them once the Rohnert Park traffic mitigation funds, for use by the City in mitigating traffic impacts from new development in Rohnert Park, are transferred to the City, and these funds are estimated to exceed the amount “borrowed” from the 2025 Street Improvements Project; and
WHEREAS, the recommended action is to authorize the postponement of the Class 1 Pathway Maintenance Project, the Trash Implementation Plan – Phase 1 Project, Gateway Signage Project, borrow some design funding from the 2026 Street Improvements Project, and use the available 2025 Street Improvements Project construction funds with the intent to replenish those funds once Rohnert Park traffic mitigation funds are received by the City; and WHEREAS, the Project implements the General Plan and is consistent with the circulation plans and infrastructure facilities established by the adopted Public Works Development Standards, circulation planning and General Plan policies for which an EIR was certified; and
WHEREAS, the analysis relies upon the program level analysis prepared for the 2015 City of Cotati General Plan and its EIR (SCH No. 2013082037), which was certified in 2015, and the project is an infrastructure improvement to ensure the on-going bicycle, pedestrian and vehicular circulation function safely and appropriately for Cotati residents under the General Plan build out, as analyzed in the General Plan EIR; and WHEREAS, the project would not result in substantial changes nor does it involve new information that would warrant further environmental review because the level of improvements proposed are primarily the construction of limited new features along an existing roadway, which were planned for and included within the development assumptions analyzed in the program level EIR for the General Plan, furthermore, the project does not contain elements that are peculiar to the project or project site(s) that would result in new or more severe environmental impacts relative to the General Plan EIR, lastly, all adopted mitigating General Plan policies and mitigation measures identified in the 2015 General Plan EIR that apply to the Project will be imposed as requirements within the construction contract; and WHEREAS, with implementation of identified General Plan mitigation measures and uniformly applied development standards, the project would not result in a substantial increase in the severity or significant impacts that were previously identified in the program level EIR, nor would the project introduce any new significant impacts that were not previously identified; and WHEREAS, there would be no additional environmental impacts beyond those analyzed in the General Plan EIR, and therefore the project is exempt pursuant to California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183.
NOW THEREFORE BE IT RESOLVED, that the Council of the City of Cotati hereby determines the Project implements the General Plan and is consistent with the circulation plans and infrastructure facilities established by the adopted Public Works Development Standards, circulation planning and General Plan policies for which an EIR was certified. The analysis relies upon the program level analysis prepared for the 2015 City of Cotati General Plan and its EIR (SCH No. 2013082037), which was certified in 2015. The project is an infrastructure improvement to ensure the on-going bicycle, pedestrian and vehicular circulation function safely and appropriately for Cotati residents under the General Plan build out, as analyzed in the General Plan EIR. The project would not result in substantial changes nor does it involve new information that would warrant further environmental review because the level of improvements proposed are primarily the construction of limited new features along an existing roadway, which were planned for and included within the development assumptions analyzed in the program level EIR for the General Plan. Furthermore, the project does not contain elements that are peculiar to the project or project site(s) that would result in new or more severe environmental impacts relative to the General Plan EIR. Lastly, all adopted mitigating General Plan policies and mitigation measures identified in the 2015 General Plan EIR that apply to the Project will be imposed as requirements within the construction contract. With implementation of identified General Plan mitigation measures and uniformly applied development standards, the project would not result in a substantial increase in the severity or significant impacts that were previously identified in the program level EIR, nor would the project introduce any new significant impacts that were not previously identified. There would be no additional environmental impacts beyond those analyzed in the General Plan EIR, and therefore the project is exempt pursuant to California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183; and
BE IT FURTHER RESOLVED, that the Council of the City of Cotati determines:
1. The recitals stated above are true and correct, and
2. The Professional Services Agreement with Mark Thomas & Company, Inc. for Design Services for the Highway 116/West Cotati Avenue Intersection Safety Improvements Project is approved, and
3. The City Manager is authorized to execute the aforementioned professional services agreement and any needed amendments up to the authorized Project budget, and
4. The City Manager or designee is authorized to postpone the Class 1 Pathway Maintenance Project, the Trash Implementation Plan – Phase 1, Gateway Signage Project, use design funds from the 2026 Street Improvements Project and borrow funds from the 2025 Street Improvements Project for the subject Project until such time as those funds are replenished from other sources including the Rohnert Park Traffic Mitigation funds, and
5. Authorize the City Manager or designees to reappropriate funds from the postponed projects to the Project budget account.
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 September 10, 2024, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney