RESOLUTION NO. (XX)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI
APPROVING A SECOND AMENDED LEASE AGREEMENT BETWEEN THE CITY
OF COTATI AND THE COTATI RANCHO ADOBE FIRE PROTECTION DISTRICT FOR CITY-OWNED PROPERTY LOCATED AT 1 EAST COTATI AVENUE WHEREAS, the City of Cotati (“City”) is the owner of real property located at 1 East Cotati Avenue, Cotati, California; and
WHEREAS, the City and the Cotati Rancho Adobe Fire Protection District (“RAFD”) are parties to an existing Lease Agreement governing the use of the City-owned property; and WHEREAS, under the Lease Agreement, the City leases the underlying land to RAFD, RAFD owns, operates, and maintains the fire station improvements during the lease term, and ownership of the fire station improvements reverts to the City upon expiration or termination of the Lease; and
WHEREAS, the original Lease Agreement was executed in 1965 with a term of fifty (50) years, expiring in 2015, and was subsequently amended in 1989 to address planned improvements to the fire station and to extend the lease term for an additional fifty (50) years, expiring in 2039; and
WHEREAS, the City and RAFD have negotiated a Second Amended Lease Agreement (“Second Amended Lease”) that consolidates prior amendments, largely eliminates unnecessary requirements related to internal improvements, and incorporates additional negotiated revisions; and
WHEREAS, the Second Amended Lease maintains the fundamental structure and intent of the existing agreement while clarifying provisions related to the lease term, rent administration, maintenance and repair responsibilities, insurance and indemnification requirements, permitted use, parking, and landscape maintenance; and WHEREAS, the Second Amended Lease provides RAFD with exclusive use of six (6) off-street parking spaces, subject to the City’s discretionary right to revoke such exclusive use upon thirty (30) days written notice, and delineates landscape maintenance responsibilities between the City and RAFD based on water meter service; and WHEREAS, the City Council finds that approval of the Second Amended Lease will provide a single, restated lease document reflecting the current terms agreed upon by both parties and will reduce the potential for future interpretation disputes; and WHEREAS, approval of the Second Amended Lease is not expected to result in a material fiscal impact, as the City will continue to lease the property to RAFD for $1.00 per year as a public benefit, with all financial obligations consistent with current budget assumptions; and WHEREAS, where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 14.03.021 of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cotati as follows:
1. The above findings are true and correct.
2. The City Council hereby approves the Second Amended Lease Agreement between the City of Cotati and the Cotati Rancho Adobe Fire Protection District for the City-owned property located at 1 East Cotati Avenue, substantially in the form presented to the City Council.
3. The City Council hereby authorizes the City Manager, or designee, to execute the Second Amended Lease Agreement and any related documents necessary to carry out the intent of this Resolution, subject to approval as to form by the City Attorney.
4. This Resolution shall take effect immediately upon adoption.
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 January 27, 2026, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, City Clerk
Approved as to form:______________________________
City Attorney