AGENDA
JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR
AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday June 28, 2022
6:00 PM REGULAR MEETING
Pursuant to AB 361 (2021), Teleconference Restrictions of the Brown Act Have Been Suspended, as Well as the Requirement to Provide a Physical Location for Members of the Public to Participate in the Meeting.
Cotati City Council and Planning Commission Meetings will be conducted virtually through Zoom Online video conferencing, and will still be available to watch or listen in the following ways:
1. Using the following online livestream meeting portal link: http://cotaticityca.iqm2.com/citizens/default.aspx;
2. Cable T.V. Broadcast, local channel 28
Members of the public can participate in the meeting online by selecting “Join a Meeting” at zoom.us. The credentials for joining the meeting are provided below:
Webinar ID: 895 3304 0150
Passcode: 488849
If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866
Attendees may join the meeting any time after 5:45pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted. Once you begin your public comment, your three minutes will begin.
If you would prefer to submit your public comment in writing, please email your comments to [email protected]. If you are commenting on a specific agenda item or items, please state the agenda item number(s) in the subject line of the email. All comments received via email will be provided to the City Council or Planning Commission in writing and included as part of the record of the meeting. ###
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated.
City Council meeting agendas, minutes, and recordings are posted on the City’s Meeting Portal at www.cotaticity.org.
For questions about the agenda of to receive the City Council agenda by email, contact the Deputy City Clerk at [email protected] or (707) 665-3622.
Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.
Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will be made available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Ave, Cotati, CA during the City’s posted business hours.
Cotati City Council Agenda June 28, 2022
Disabled Accommodations: Upon request, this agenda will be made available in appropriate formats to persons with disabilities as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the Deputy City Clerk at [email protected], or (707) 665-3622, at least 48 hours in advance of the meeting.
Public Comment (Action Items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.
Public Comment (Non-Action Items): Public comment on non-action agenda items shall be received during the designated portion of the agenda. Comments shall be limited to no more than three (3) minutes for all non-action agenda items.
Waiver Warning: If you challenge decisions/direction of the City Council of the City of Cotati in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Cotati at, or prior to, the public hearing(s).
City Council meetings are conducted according to City Council Policy 2021-01: City Council Rules. This policy is available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Ave, Cotati, CA, during the City’s posted business hours.
Persons wishing to address the Council are not required to identify themselves or complete a speaker card; (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and it assists the Deputy City Clerk in preparing the City Council meeting minutes.
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL
RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED
UNDER THIS AGENDA (ACTION)
5. ANNOUNCEMENTS
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council will consider the item and citizens are afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish.
The City Council may, or may not, choose to respond to comments, as the Government Code allows. However, if the City Council declines to respond, it should not be perceived as giving credence to or agreeing with any statements that the City Council or its members believe are incorrect, misinformed or purposefully biased.
B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org
Cotati City Council Agenda June 28, 2022
C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to sign up with Nixle by downloading the Everbridge app from the IOS or Android app store or by texting your zip code (94931) to 888777.
D. Like always, we love to hear from you, so please feel free to contact the City at 707- 792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, Nixle, and Nextdoor.
6. PROCLAMATIONS
A. ZERO WASTE WEEK PROCLOMATION
7. APPROVAL OF FINAL AGENDA (ACTION)
8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda during this period. Pursuant to City Council Policy 2021-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar.
The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested.
9. CONSENT CALENDAR (ACTION)
A. LAND PURCHASE AGREEMENT 950 E. COTATI
It is recommended that the City Council, acting on behalf of the City of Cotati and the Successor Agency, adopt a Resolution approving the Disposition and Development Agreement Between David McDonald and Brion Wise of B Wise Inc and the City of Cotati and Cotati Community Redevelopment Successor Agency Regarding real at 950 E. Cotati Avenue (APN 144-320-026) and authorize the City Manager/Executive Director to execute all documents necessary to complete the sale.
B. ADOPTION OF SALARY SCHEDULE FOR FISCAL YEAR 2022/23
It is recommended that the City Council adopt the fiscal year 2022/23 salary schedule, as updated per the current City labor agreements.
C. ANNUAL APPROPRIATIONS (GANN) LIMIT FOR FISCAL YEAR 2022/23.
It is recommended that the City Council Adopt a Resolution Approving the annual appropriations limit for the City of Cotati Fiscal Year 2022/23.
Cotati City Council Agenda June 28, 2022
D. 2023 STREET CONSTRUCTION AND IMPROVEMENTS DESIGN
It is recommended the City Council of the City of Cotati approve by motion a professional services agreement with Harris and Associates for the design of the 2023 Street Rehabilitation Project and authorize the City Manager to execute the professional services agreement and any needed amendments up to the project's design budget amount.
E. AMENDMENT 3 TO QUICK STRIKE DESIGN AGREEMENT
It is recommended the City Council of the City of Cotati approve by motion Amendment Number 3 to the Quick Strike Project Professional Services Contract with GHD, Inc. for preparing an Extended Phase I study of Native American archaeological resource, and authorize City Manger to execute said amendment F. UPDATE OF THE CITY OF COTATI’S CONFLICT OF INTEREST CODE
STAFF REPORT
It is recommended that the City Council adopt a resolution amending the City of Cotati’s Conflict of Interest Code.
G. AWARD MOSAIC BENCHES
It is recommended that the City of Cotati City Council approve a resolution awarding a construction contract to Coastside Concrete and Construction, Inc. to construct the Mosaic Wall Benches, including related actions.
H. CALTRANS FREEWAY MAINTENANCE AGREEMENT
It is recommended the City Council adopt a resolution authorizing the City Manager to approve Amendment 1 to the Freeway Maintenance Agreement with Caltrans in substantially the form attached, subject to final approval by the City Attorney.
I. AB 361 TELECONFERECING RULES
It is recommended that the City Council of the City of Cotati adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361)
10. DIRECTION ON FUTURE AGENDA ITEMS
11. PUBLIC HEARINGS (ACTION)
A. GAS STATION FOSSIL FUEL BAN
It is recommended that the City Council hold a public hearing and introduce an ordinance amending Section 17.24.020 (Allowable Land Uses), Section 17.42.180 (Service Station), and Chapter 17.90 (Definitions) of the Cotati Municipal Code to provide provisions for electric vehicle charging, eliminate service stations as an allowable land use in the CD (Downtown Commercial) zoning district, and prohibit in all zoning districts new or expanded service station facilities that store, convey, or Cotati City Council Agenda June 28, 2022
dispense fossil fuels.
B. FOR LIGHTING AND LANDSCAPE ASSESSMENT DISTRICTS, APPROVE
REPORT, AND AUTHORIZE ASSESSMENTS
It is recommended the City Council of the City of Cotati adopt a resolution approving the Annual Engineer's Report, confirming the assessment diagram and annual assessment amounts, and authorizing the levying and collection of assessments for Fiscal Year 2022-23 for the Cotati Landscaping and Lighting Assessment District for Zones 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 (Pursuant to the Landscaping and Lighting Act of 1972).
C. OUTSTANDING BACKFLOW CHARGES ASSESSMENT
It is recommended that the City Council conduct a public hearing to receive all oral and written protests to the amount of Fiscal Year 2021-2022 backflow testing charges and approve a resolution establishing the outstanding backflow testing charges and directing the levying of assessments on the Fiscal Year 22/23 property tax rolls.
D. SEWER DELINQUENCIES ASSESSMENT
It is recommended that the City Council conduct a public hearing to receive all oral and written protests to the amount of Fiscal Year 2021-2022 sewer charges and adopt a resolution approving itemized report of sewer charges and penalties outstanding and directing levying of assessment on the Fiscal Year 22/23 property tax rolls.
12. REGULAR AGENDA (ACTION)
A. SB 1383 RECOLOGY FRANCHISE AND WASTE DELIVERY AGREEMENT
AMMENDMENTS
It is recommended that the City Council of the City of Cotati adopt a resolution:
1. Authorizing the City Manager to sign the First Amendment to the Franchise Agreement for Collection, Disposal, and Processing of Solid Waste, Recyclables, and Compostable Materials and Related Activities Pursuant to Chapter 8.08 of the Cotati Municipal Code to implement SB 1383 and extend the franchise agreement by 5 years; and
2. Approving the proposed Omnibus Amendment to Waste Delivery Agreement and Franchised Hauler Agreement.
B. ADOPTION OF COTATI'S BUDGET AND CAPITAL IMPROVEMENT
PROGRAM FOR FY 2022/23
It is recommended that the City Council Adopt Resolutions Approving the City of Cotati Fiscal Budget for Fiscal Year 2022/23 and the corresponding Updated MultiYear Capital Improvement Plans.
C. LETTER OF SUPPORT FOR SB 940
It is recommended that the City Council adopt a motion authorizing the Mayor to send a letter of support for SB 490.
Cotati City Council Agenda June 28, 2022
13. CITY MANAGER'S REPORT
14. CITY COUNCIL MEMBER REPORTS
15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
16. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
A. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.
17. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City's website, bulletin boards of City Hall, Veterans' Memorial Building and the SMART Train Depot, on or before June 24, 2022.
/s/ Kevin Patterson, Deputy City Clerk