Agenda packet — Cotati City Council, July 26, 2022

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday July 26, 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: 869 8919 7347
Passcode: 399877
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 July 26, 2022

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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)
A. COTATI CITY COUNCIL - SPECIAL JOINT MEETING - JUN 14, 2022 4:00 PM
B. COTATI CITY COUNCIL - REGULAR MEETING - JUN 14, 2022 6:00 PM C. COTATI CITY COUNCIL - REGULAR MEETING - JUN 28, 2022 6:00 PM D. COTATI CITY COUNCIL - SPECIAL MEETING - JUN 30, 2022 7:00 PM E. COTATI CITY COUNCIL - CLOSED SESSION - JUL 14, 2022 5:00 PM

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.

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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
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. APPROVAL OF FINAL AGENDA (ACTION)

7. 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.

8. CONSENT CALENDAR (ACTION)
A. AWARD CONSTRUCTION CONTRACT FOR THE CITY HALL WINDOW

REPLACEMENT PROJECT
It is recommended the City of Cotati City Council adopt a resolution awarding the construction contract for the City Hall Window Replacement Project to August-Jage Construction and authorizing the City Manager to execute any needed change orders to the construction contract or amendments to the Construction Management Agreement with Moe Engineering up to the approve Project budget B. SECOND READING OF AN ORDINANCE TO PROHIBIT NEW AND

EXPANDED SERVICE STATION FACILITIES THAT STORE, CONVEY,

OR DISPENSE FOSSIL FUELS (GAS STATION BAN)
It is recommended that the City Council conduct the second reading and adopt 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 Cotati City Council Agenda July 26, 2022

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provide provisions for electric vehicle charging and prohibit, citywide, new or expanded service station facilities that store, convey, or dispense fossil fuels to vehicles.

C. ACCEPTANCE OF COMMUNITY CENTER ROOF REPLACEMENT

PROJECT
It is recommended the City Council adopt a resolution accepting the Community Center Roof Replacement Project as complete, authorizing the City Clerk to file the Notice of Completion, and authorizing the release of retention following 35 days of noticing.

D. AGREEMENT FOR ON-CALL AND DOWNTOWN SPECIFIC PLAN

CONSULTING
It is recommended that the City Council adopt a resolution to authorize the City Manager to execute a contract with 4Leaf Inc. to provide on-call and Downtown Specific Plan Update planning consulting services.

E. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO DESIGN THE P-1 PORTAL, MERCANTILE, AND AARON WATER MAIN

REPLACEMENT PROJECT
It is recommended the City of Cotati City Council approve by motion a Professional Services Agreement with Coastland Civic Engineering, LLP to design the P-1 Portal, Mercantile, and Aaron Water Main Replacement Project
F. GENERAL ENGINEERING SERVICES AGREEMENT WITH MOE
ENGINEERING, INC. FOR PROVIDING GENERAL ENGINEERING

SUPPORT SERVICES
It is recommended the City of Cotati City Council by motion approve a Professional Services Agreement with Moe Engineering, Inc. for General Engineering Services and authorize the City Manager to Execute said amendment.

G. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING

COUNCIL, COMMISSION, AND COMMITTEE MEETINGS REMOTELY

DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC
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)

9. DIRECTION ON FUTURE AGENDA ITEMS

10. PUBLIC HEARINGS (ACTION)
A. PUBLIC HEARING REGARDING AN ORDINANCE TO APPROVE A

MILITARY EQUIPMENT USE POLICY
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It is recommended that the City Council open a public hearing to discuss an Ordinance Adopting a Military Equipment Use Policy in accordance with AB 481 and continue the item for introduction on August 23, 2022. No action will be taken.

11. REGULAR AGENDA (ACTION)
A. AWARD 2023 PAVEMENT PRESERVATION PROJECT
It is recommended City Council adopt a resolution awarding the 2023 Pavement Preservation Project (Project) to Pavement Coatings Co. and authorizing the City Manager to execute the construction contract for the Project, the Construction Management and Inspection Agreement and any needed change orders and amendments up to the approved project budget.

12. CITY MANAGER'S REPORT

13. CITY COUNCIL MEMBER REPORTS

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

15. 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.

16. 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 July 22, 2022.
/s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday June 14, 2022
4:00 PM SPECIAL JOINT MEETING

1. CALL TO ORDER
Mayor Landman called the meeting to order at 4:02pm.

Attendee Name Title Status
Mark Landman Mayor Remote
Susan Harvey Vice Mayor Remote
Laura Sparks Councilmember Remote
Ben Ford Councilmember Remote
John C. Moore Councilmember Absent
Neil Hancock Vice Chair Remote
Lisa Moore Commissioner Absent
Brittany Murphy Commissioner Absent
Sylvia Lemus Chair Absent
John T. Savage Commissioner Remote

2. PUBLIC COMMENT
No public comment

3. STUDY SESSION
A. HOUSING ELEMENT PROGRAMS AND POLICIES-DISCUSSION
Presentation by Luke Lindenbusch, Emily Ham, and Jane Riley of 4Leaf, and Community Development Director Noah Housh
Councilmembers and Planning Commissioners comment.

No public comment.

Council and Planning Commissioners discuss and provide feedback on the goals, policies, and programs in Cotati's Housing Element Update.

4. ADJOURNMENT
Mayor Landman adjourned the meeting at 6:02pm.

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MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday June 14, 2022
6:00 PM REGULAR MEETING

1. CALL TO ORDER
Mayor Landman called the meeting to order at 6:15pm

2. ROLL CALL
Attendee Name Title Status
Mark Landman Mayor Remote
Susan Harvey Vice Mayor Remote
Laura Sparks Councilmember Remote
Ben Ford Councilmember Remote
John C. Moore Councilmember Absent
Staff present: City Attorney John Bakker, City Manager Damien O’Bid, Deputy City Clerk Kevin Patterson, Police Chief Michael Parish, Director of Public Works/City Engineer Craig Scott, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh

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)
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford
ABSENT: Moore
A. COTATI CITY COUNCIL - REGULAR MEETING - MAY 24, 2022 6:00 PM B. COTATI CITY COUNCIL - CLOSED SESSION - JUN 7, 2022 6:00 PM

5. ANNOUNCEMENTS

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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.

6. PROCLAMATIONS
A. JUNETEETH PROCLOMATION
Joe Sturdivant of 100 Black Men of Sonoma County receives the proclamation.

7. APPROVAL OF FINAL AGENDA (ACTION)
No changes

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
Public Comment:

Maria Leon of Cotati
Terri Mazzanti of Cotati

9. CONSENT CALENDAR (ACTION)

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford
ABSENT: Moore
A. CALL NOV 8, 2022 ELECTION
B. CANCELLATION OF CC REGULAR MEETING

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. COTATI STATION APARTMENTS PROJECT
RESULT: ADOPTED [3 TO 1]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Sparks, Ford
NAYS: Harvey
ABSENT: Moore
Presentation by Community Development Director Noah Housh, and project applicants Doug Elliot, Neil Rudolph, Larry Colvin, and Dave Brown.

Councilmembers comment.

Public Comment:

John Savage of Cotati
B. ADOPTION OF WATER AND SEWER RATES
RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Landman, Harvey, Sparks, Ford
ABSENT: Moore
Presentation by Public Works Director and City Engineer Craig Scott, and Mark Hildebrand of Hildebrand Consulting.

Councilmembers comment.

No public comment.

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12. REGULAR AGENDA (ACTION)
A. HOUSING OPPORTUNITY SITE MAP REVIEW AND DISCUSSION
Presentation by Community Development Director Noah Housh, and Luke Lindenbusch and Jane Riley of 4Leaf.

Councilmembers comment.

No public comment.

Councilmembers provide feedback on potential housing sites to be included in Cotati's Regional Housing Needs Allocation.

13. CITY MANAGER'S REPORT
Report by City Manager Damien O'Bid.

14. CITY COUNCIL MEMBER REPORTS
Councilmembers report out on local and regional boards and committees.

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
No public comment.

16. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

17. ADJOURNMENT
Mayor Landman adjourned the meeting at 10:21pm

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MINUTES

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

1. CALL TO ORDER

2. ROLL CALL
Attendee Name Title Status
Mark Landman Mayor Remote
Susan Harvey Vice Mayor Remote
Laura Sparks Councilmember Remote
Ben Ford Councilmember Remote
John C. Moore Councilmember Remote
Staff present: City Attorney John Bakker, City Manager Damien O’Bid, Deputy City Clerk Kevin Patterson, Police Chief Michael Parish, Director of Public Works/City Engineer Craig Scott, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Senior Planner JP Harries

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)

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6. PROCLAMATIONS
Katherine Cushwa of Zero Waste Sonoma received the proclamation.

Councilmembers comment
No public comment
A. ZERO WASTE WEEK PROCLOMATION

7. APPROVAL OF FINAL AGENDA (ACTION)

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS

9. CONSENT CALENDAR (ACTION)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
A. LAND PURCHASE AGREEMENT 950 E. COTATI
B. ADOPTION OF SALARY SCHEDULE FOR FISCAL YEAR 2022/23
C. ANNUAL APPROPRIATIONS (GANN) LIMIT FOR FISCAL YEAR 2022/23.

D. 2023 STREET CONSTRUCTION AND IMPROVEMENTS DESIGN
E. AMENDMENT 3 TO QUICK STRIKE DESIGN AGREEMENT
F. UPDATE OF THE CITY OF COTATI’S CONFLICT OF INTEREST CODE

STAFF REPORT

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G. AWARD MOSAIC BENCHES
H. CALTRANS FREEWAY MAINTENANCE AGREEMENT
I. AB 361 TELECONFERECING RULES

10. DIRECTION ON FUTURE AGENDA ITEMS
Mayor Landman requested a future agenda item to update CPI escalator in the Mobile Home Rent Stabilization Ordinance.

11. PUBLIC HEARINGS (ACTION)
A. GAS STATION FOSSIL FUEL BAN
RESULT: INTRODUCED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by Senior Planner JP Harries
Councilmembers comment
Public Comment:

Jenny Blaker of Cotati
Laurie-Ann Barbour of Cotati
Richard J. Senghas of Cotati
B. FOR LIGHTING AND LANDSCAPE ASSESSMENT DISTRICTS, APPROVE

REPORT, AND AUTHORIZE ASSESSMENTS
RESULT: ADOPTED [UNANIMOUS]
MOVER: John C. Moore, Councilmember
SECONDER: Susan Harvey, Vice Mayor
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by Director of Public Works & City Engineer Craig Scott.

Councilmembers comment
No public comment
C. OUTSTANDING BACKFLOW CHARGES ASSESSMENT

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: John C. Moore, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by Director of Public Works & City Engineer Craig Scott.

Councilmembers comment
No public comment
D. SEWER DELINQUENCIES ASSESSMENT
RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by Director of Public Works & City Engineer Craig Scott.

Councilmembers comment
No public comment

12. REGULAR AGENDA (ACTION)
A. SB 1383 RECOLOGY FRANCHISE AND WASTE DELIVERY AGREEMENT

AMMENDMENTS
RESULT: ADOPTED [4 TO 0]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford
RECUSED: Moore
Presentation by Alex Soulard of R3 Consulting Group.

Councilmembers comment
No public comment
B. ADOPTION OF COTATI'S BUDGET AND CAPITAL IMPROVEMENT
PROGRAM FOR FY 2022/23

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by Director of Administrative Services Angela Courter.

Councilmembers comment
No public comment
Councilmember Sparks requested that the assessment of broadband service in Cotati, discussed during Strategic Planning, be included in the City Manager project list in the budget.

C. LETTER OF SUPPORT FOR SB 940
RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: John C. Moore, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by City Manager Damien O'Bid
Councilmembers comment
No public comment

13. CITY MANAGER'S REPORT
Report by City Manager Damien O'Bid

14. CITY COUNCIL MEMBER REPORTS
Councilmembers report out on local and regional meetings and events.

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
No public comment.

16. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
A. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

17. ADJOURNMENT
Mayor Landman adjourned the meeting at 9:10pm.

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MINUTES

NOTICE OF SPECIAL MEETING

OF THE CITY COUNCIL OF THE CITY OF COTATI
Thursday June 30, 2022 at 7:00 PM

1. CALL TO ORDER
Attendee Name Title Status
Mark Landman Mayor Remote
Susan Harvey Vice Mayor Remote
Laura Sparks Councilmember Remote
Ben Ford Councilmember Remote
John C. Moore Councilmember Remote

2. PUBLIC COMMENT
Pursuant to California Government Code section 54954.3(a), members of the public wishing to address the Council/Board may do so at the beginning of the special meeting, and such comments shall be limited to the special meeting topic(s).

3. STUDY SESSION
A. City Council Workshop on Local Food Production
It is recommended that the City Council conduct a workshop with the goals of 1) identifying potential strategies to promote local food production (urban agriculture) in order to implement General Plan policies, 2) receiving community input, and 3) providing appropriate direction to staff for follow-up and inclusion into a future ordinance. It is further recommended that the City Council direct staff to prepare for the Council’s consideration a property re-zoning and Zoning Code amendment for Veronda-Falletti Ranch.

General (Coordinated with City Attorney)
- Updated ordinance to include a statement of intent, indicating agricultural uses must be compatible with the primary residential uses, and the residential use is primary in disputes.
- For UP’s, ensure that general template language includes residential use is the primary use as a condition, with the intent of the provision to allow the City to address unanticipated nuisance issues related to permitted uses. - Ensure robust ability to enforce nuisance issues related to agricultural uses, generally. - Pesticide/herbicide, synthetic fertilizer prohibited for Market Garden, Crop Production, Community Gardens, if permissible under state law.

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- Explore potential for new UP/MUP category for Agriculture, separate from general commercial UP/MUP to determine if a lower cost permit would be possible for agricultural uses.
- For UP/MUP noticing, look at options for greater than 500’ noticing in rural areas.

Concern was that 500’ is not sufficient to notice enough neighbors when there are larger parcels. Expand noticing radius in RVL and RR zones.

Crop Production
1- Consensus support on educational programs promoting home food production/gardening.
2- 2A option for the Market Garden, modified as follows: ½ acre maximum may be non-contiguous across property. Hour limitation of 9 am -5 pm shall only apply to mechanized equipment. Allow 9 am -7 pm for farm stands, but must be stored out of view when not in use (both from ROW and neighbors).
3- Crop production OK with UP in RVL.

Public Comment:

John Dell'Osso of Cotati
Roy Smith
Jenny Blaker of Cotati
Reyna Yagi of Cotati
Neil Hancock of Cotati
Julia Van Soelen Kim
Joan Simon of Cotati
Wendy Krupnick
Amy Lyman of Cotati
Produce Stands and Community Supported Agriculture (CSA) 4- Allow, consistent with modified Market Garden requirements above. 5- 5A option for the Produce Stands, consistent with Market Garden requirements above.
6- Allow produce stands in RVL
7- Confirm CSA is an accessary activity to crop production in RR, “retail sales in the field, such as CSA.s”
8- Allow CSA in RVL, consistent with RR requirements.

Public Comment:

Lisa Moore of Cotati
Roy Smith
Jenny Blaker of Cotati
Neil Hancock of Cotati
Joan Simon of Cotati
Evan Wiig

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Community Gardens
9- Allow, consistent with modified Market Garden hours. Require toxicity testing, operational management plan, annual confirmation on point of contact. Use National City code as an example of this.
10- Allow with community organization partnership, or City may run directly. 11- Allow gardens in multifamily developments
Public Comment:

Roy Smith
Joan Simon of Cotati
Reyna Yagi of Cotati
Jenny Blaker of Cotati
Chickens
12- Clarify that chickens means hens, and keep existing allowance of 20 hens. Allow egg sales, provided they meet County Health requirements and no more than 20 hens.

Public Comment:

Pat Gilardi of Cotati
Roy Smith
Joan Simon of Cotati
Janet Orchard of Cotati
Veronda Falletti Ranch
Allow potential strategies 1-3, modified as follows:
- Clarify Child Care/day care center (2E) use and/or use description to ensure the primary purpose is youth education (not child day care). - Also review meeting facility standard (2I) to ensure meeting facilities have limits on size/frequency of meetings/events.
- Prohibit rooster keeping (2C).

Public Comment:

John Dell'Osso of Cotati
Roy Smith
Pat Gilardi of Cotati

4. ADJOURNMENT
Mayor Landman adjourned the meeting at 10:35pm.

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Minutes Acceptance: Minutes of Jun 30, 2022 7:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Thursday July 14, 2022
5:00 PM CLOSED SESSION

1. CALL TO ORDER
Attendee Name Title Status
Mark Landman Mayor Remote
Susan Harvey Vice Mayor Remote
Laura Sparks Councilmember Remote
Ben Ford Councilmember Remote
John C. Moore Councilmember Remote

2. PUBLIC COMMENT
No public comment

3. CLOSED SESSION
Mayor Landman adjourns to closed session.

A. CONFERENCE WITH UNREPRESENTED EMPLOYEES (GOVERNMENT
CODE SECTION 54957.6) CITY DESIGNATED REPRESENTATIVE: CITY MANAGER OR DESIGNEE. EMPLOYEE ORGANIZATION:

UNREPRESENTED

4. REPORT OUT OF CLOSED SESSION
Mayor Landman announces there is nothing to report out of closed session.

5. ADJOURNMENT
Mayor Landman adjourned the meeting at 6:19pm.

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Minutes Acceptance: Minutes of Jul 14, 2022 5:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Award Construction Contract for the City Hall Window Replacement Project Date: July 26, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution awarding the construction contract for the City Hall Window Replacement Project to August-Jage Construction and authorizing the City Manager to execute any needed change orders to the construction contract or amendments to the Construction Management Agreement with Moe Engineering up to the approve Project budget
Background
The City’s Capital Plan includes efforts to upgrade and maintain it’s buildings and facilities.

Recently, the City has completed replacing the roof on the Community Center and has now completed the design and received bids to replace the windows and remediate weather damage on the side of City Hall facing West Sierra Avenue. Current information on active City Public Works projects are available to the public on the City’s website.

Analysis/Discussion
The City Hall Window Replacement Project design was conducted over the past year and the Project was advertised for bidding last month. On June 21, 2022, five bids were received and opened with the low bid in the amount of $208,071 (base bid plus alternate) and the high bid of $343,500. The low bid is 65% below the engineer’s cost estimate of $595,512. The low bid was reviewed and Staff has determined it to be responsive and recommends it for award. The reduction in scope from 21 windows to 15 windows, the competitive environment, and the conservative nature of the construction cost estimate contribute to the large discrepancy between the estimated cost and the bid results.

The construction plans are available upon request from the Public Works Department at City Hall. Work generally consists of removing interior painted wood trim, remove glazing and all protruding portions of the existing aluminum frame, preparing the frame to receive the new fiberglass windows, repapering the exterior around each window to ensure its properly weatherized, and applying stucco to the entire wall (similar or same cost as applying stucco around the windows only but a much improved end product). The windows and framing on this side of City Hall is primarily south facing and exposed to the sun and weather. Fiberglass was

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chosen over vinyl windows, despite adding approximately $10,000 to the project costs, due to their overall quality and durability. The “storeroom” windows, situated high on the wall and protected by the building’s eve’s, are more protected from the weather and do not appear to have severe weathering, and water penetration as the larger windows have. Therefore, these smaller windows are excluded from the project.

The work also includes converting the Administrative Services public entrance to a service counter. This modification creates a needed office space within the Administrative Services space.

The Contractor has 90 working days from the date specified in the City’s Notice to Proceed to substantially complete the work. The completion date will also depend on the ordering and delivery date provided for the special order windows. With an anticipated proceed date of mid to late August, and 12 weeks for window delivery, construction would begin in mid to late December and extend into 2023. The Administration offices, conference room, and History Museum will not be suitable for occupation during construction and alternative accommodations will need to be made.

On May 25, 2021, City Council adopted Resolution 2021-21, approving Amendment Number 2 to the Professional Services Contract with Moe Engineering to add $20,868 for the providing Project Management and Construction Management services from design through construction.

Financial Considerations
The City’s adopted Fiscal Year 22/23 Budget includes $1,038,000 for the Civic Center Windows and Exterior Repairs Project which includes the City Hall Window Replacement Project as well as replacing the windows and painting the Community Center. The construction contract totals $208,071, and the Construction Management agreement is for an amount of $20,868. Providing contingency for unexpected site conditions, additional City requested work, hazardous materials mitigation, and the Architectural assistance during construction agreement, the total recommended Project authorized budget is for $350,000. Staff is to be authorized to execute any needed change orders or amendments up to this amount. Any expenses beyond this amount would need to receive additional City Council approval.

Environmental Issues
This Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the City Hall Window Replacement Project is a minor alteration of an existing structure, therefore, no further environmental review is required.

Attachments:

Window Replacement Project Bid Tabs (PDF)

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BID TABULATION SUMMARY SHEET
City of Cotati City Hall Window Replacement ProjectBid Opening Date: 6/21/22 Bidder #1 Bidder #2 Bidder #3 Bidder #4 Bidder #5FRC, Inc. DMR Builders Pinguelo Construction, Inc. GCCI, Inc. August‐Jaye Incorporated Median Average Item # Estimated
Quantity Units Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Base Bid1. Mobilization 1 LS 30330 30330 27500 27500 25000 25000 14436 14436 13170 13170 25,000.00 $ 25,000.00 $ 24,316.50 $ 24,316.50 $

2. Remove existing windows and ancillary items 1 LS 19,190 19190 16000 16000 25000 25000 24507 24507 21240 21240 21,240.00 $ 21,240.00 $ 21,174.25 $ 21,174.25 $

3. Repair any damaged or decayed 1" exterior grade sheathing 100 SF 11.37 1137 130 13000 30 3000 16 1600 14 1400 16.00 $ 1,600.00 $ 46.84 $ 4,684.25 $

4. Repair any damaged or decayed 2"x4" (nominal) DF framing 40 LF 14.2 568 300 12000 100 4000 42 1680 15 600 42.00 $ 1,680.00 $ 114.05 $ 4,562.00 $

5. Install blown‐in insulation in wall cavities 1 LS 2320 2320 5000 5000 6000 6000 2278 2278 8625 8625 5,000.00 $ 5,000.00 $ 3,899.50 $ 3,899.50 $

6. Furnish & install new windows 1 LS 101214 101214 148000 148000 138000 138000 84695 84695 57036 57036 101,214.00 $ 101,214.00 $ 117,977.25 $ 117,977.25 $

7. Install new stucco finish & paint 1 LS 62565 62565 77000 77000 74500 74500 76650 76650 67000 67000 74,500.00 $ 74,500.00 $ 72,678.75 $ 72,678.75 $

8. Install new interior trim & paint 1 LS 13497 13497 30000 30000 15000 15000 25698 25698 29000 29000 25,698.00 $ 25,698.00 $ 21,048.75 $ 21,048.75 $ Total 230,821.00 $ 328,500.00 $ 290,500.00 $ 231,544.00 $ 198,071.00 $ 255,932.00 $ 270,341.25 $ Item # Estimated
Quantity Units Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Bid Alternate Improvements1. Conversion of interior door to customer service window 1 LS 27096 27096 15000 15000 7000 7000 8300 8300 10000 10000 10,000.00 $ 10,000.00 $ 14,349.00 $ 14,349.00 $ Total 27,096.00 $ 15,000.00 $ 7,000.00 $ 8,300.00 $ 10,000.00 $ 10,000.00 $ 14,349.00 $ Combined Total 257,917.00 $ 343,500.00 $ 297,500.00 $ 239,844.00 $ 208,071.00 $ 265,932.00 $ 284,690.25 $

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Attachment: Window Replacement Project Bid Tabs (Award City Hall Window replacement) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING

THE CONSTRUCTION CONTRACT FOR THE CITY HALL WINDOW

REPLACEMENT PROJECT TO AUGUST-JAYE AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ANY NEEDED CHANGE ORDERS TO THE

CONSTRUCTION CONTRACT AND/OR AMENDMENTS TO THE CONSTRUCTION

MANAGEMENT AGREEMENT OR OTHER NEEDED AGREEMENTS TO

COMPLETE THE PROJECT
WHEREAS, the City’s Capital Plan includes efforts to upgrade and maintain its buildings and facilities and,
WHEREAS, the City Hall Window Replacement Project design was conducted over the past year and the Project was advertised for bidding last month; and WHEREAS, on June 21, 2022, five bids were received and opened with the low bid in the amount of $208,071 (base bid plus alternate), from August-Jaye and the high bid of $343,500; and
WHEREAS, the low bid is 65% below the engineer’s cost estimate of $595,512, and the low bid was reviewed and Staff has determined it to be responsive and recommends it for award; and
WHEREAS, the reduction in scope from 21 windows to 15 windows, the competitive environment, and the conservative nature of the construction cost estimate contribute to the discrepancy between the estimated cost and the bid results; and WHEREAS, the construction plans are attached and work generally consists of removing interior painted wood trim, remove glazing and all protruding portions of the existing aluminum frame, preparing the frame to receive the new fiberglass windows, repapering the exterior around each window to ensure its properly weatherized, and applying stucco to the entire wall (similar or same cost as applying stucco around the windows only but a much improved end product); and
WHEREAS, the work also includes converting the Administrative Services public entrance to a service counter, and this modification creates a needed office within the Administrative Services space; and
WHEREAS, the Contractor has 90 working days from the date specified in the City’s Notice to Proceed to substantially complete the work and the completion date will also depend on the ordering and delivery date provided for the window order; and WHEREAS, with an anticipated notice to proceed date of mid to late August, and 12 weeks for window delivery, construction would begin in mid to late December and extend into 2023; and
WHEREAS, the Administration offices, conference room, and History Museum will not be suitable for occupation during construction and alternative accommodations will need to be made; and
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WHEREAS, the City’s adopted Fiscal Year 22/23 Budget includes $1,038,000 for the Civic Center Windows and Exterior Repairs Project which includes the City Hall Window Replacement Project as well as replacing the windows and painting the Community Center; and WHEREAS, the construction contract totals $208,071, the Construction Management agreement is for an amount of $20,868, and providing contingency for unexpected site conditions, additional City requested work, hazardous materials mitigation, and the Architectural assistance during construction agreement, the total Staff recommended Project authorized budget is for $350,000; and
WHEREAS, this Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the City Hall Window Replacement Project is a minor alteration of an existing structure, therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT the City of Cotati City Council hereby finds that:

1. The construction agreement is awarded to August-Jaye for an amount of $208,071, and

2. The amount of the Civic Center Windows and Exterior Repairs Project budget to be allocated to the City Hall Window Replacement Project shall be $350,000, and

3. The City Manager is authorized to execute the heretofore mentioned construction agreement, and any needed change orders to this and other project related agreements up to the authorized Project budget.

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 July 26th, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Second reading of an ordinance to prohibit new and expanded service station facilities that store, convey, or dispense fossil fuels (Gas Station Ban) File No.

PA21-27
Date: July 26, 2022
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council conduct the second reading and adopt 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 and prohibit, citywide, new or expanded service station facilities that store, convey, or dispense fossil fuels to vehicles.

Background
In February and March 2021, the City of Petaluma received international news recognition because of their decision to adopt General Plan and zoning amendments that banned gas stations as an allowable land use in the city. The ban was preceded by a citywide moratorium on new gas stations that was adopted in response to a highly controversial new gas station project as well as a growing population of Sonoma County residents that are opposed to new gas stations, and specifically the use of fossil fuels that contribute to air, soil and groundwater pollution and greenhouse gas (GHG) emissions.

Following Petaluma’s decision to ban gas stations, several other jurisdictions in the area, including Cotati, voiced a desire to consider a similar ban. On July 12, 2021, the Sonoma County Regional Climate Protection Authority (RCPA) Board unanimously passed a motion directing the RCPA staff to return to the Board with a resolution supporting local actions to ban the construction of new gas stations. On September 13, 2021, the RCPA adopted Resolution 2021- 003, which recommended the county and all incorporated jurisdictions in Sonoma County “cease all processing of applications for and permitting of new gas stations or expansions of existing gas stations in their local jurisdiction.” To date, the north bay communities of Sebastopol, Rohnert Park, Calistoga and American Canyon and have also adopted regulations prohibiting future gas stations.

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On October 26, 2021, at a regularly scheduled Cotati City Council meeting, the City Council reviewed the commitments and priorities of the Community Development Department and affirmed that the consideration of a gas station ban was a priority for the city in the 2021/22 fiscal year.

Analysis/Discussion
Overview
Climate change represents a growing danger to human health, safety, economic prosperity, basic services, the environment, and natural resources. Sonoma County and its residents, economy and environment have experienced the adverse effects associated with climate change including prolonged wildfire seasons, firestorms, rising temperatures, coastal erosion, drought, and the resulting damage and destruction of natural habitats, property, and infrastructure.

For 20 years the City of Cotati has been assertive in its policies and actions to protect the environment and prevent climate change. In 2002 Cotati joined with the other Sonoma County jurisdictions to be the first region in the nation to pledge to measure and reduce GHG emissions.

Since then, it has adopted policies and taken numerous actions consistent with that pledge (see Exhibit A).

The proposed ordinance continues Cotati’s actions to combat climate change by targeting the transportation sector and the adverse impacts caused by fossil fuels. According to “California’s 2022 Climate Change Scoping Plan,” prepared by the California Air Resources Board, the transportation sector accounts for 40% of GHG emissions in the State.

Figure 1. State GHG emission contributions by Scoping Plan sector (California’s 2022 Climate Change Scoping Plan)
Within Sonoma County, the transportation sector accounts for 60% of GHG emissions according to the “Climate Mobilization Strategy” adopted by the RCPA on March 8, 2021 - which makes transportation the largest sector of GHGs emissions by a significant margin. Reducing these

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emissions is critical to meeting GHG emission reduction targets and achieving this goal will require a near-term shift from internal combustion engines to zero-emission drivetrains.

Figure 2. Sonoma County GHG emission contributions by sector (Climate Mobilization Strategy, 2021)
Strategy 4 (EV Access for All Partnership) of the Climate Mobilization Strategy sets forth the goal to “accelerate the transition to 100% electric vehicles for all transportation needs not otherwise met by biking or walking.” The first two objectives of Strategy 4 are specifically addressed by this proposed ordinance:
• 4.1 -Work with regional partners and local businessesto develop over 10,000 public and workplace charging stations in Sonoma County by 2027, emphasizing the installation of charging stationsin rental propertiesin frontline communities. • 4.2 -Develop a package of local ordinances and other actionsto address remaining permitting barriersfor installing charging equipment, while also limiting permitting of new fossil fuel infrastructure.

Similarly, the proposed ordinance supports the goals of Executive Order B-48-18 (January 2018) which promotes development of zero-emission infrastructure and sets the following targets:
• 5 million zero-emission vehicles on California roads by 2030 • 200 hydrogen fueling stations and 250,000 zero-emission vehicle chargers, including 10,000 direct current fast chargers, by 2025
The proposed ordinance also supports the goals of Executive Order N-79-20, signed by Governor Newsom in September 2020. Executive Order N-79-20 establishes targets for the transportation sector to support the state in its goal to achieve carbon neutrality by 2045. The targets established by the order include:
• 100% of in-state sales of new passenger vehicles will be zero-emission by 2035 • 100% of medium- and heavy-duty vehicles will be zero-emission by 2045 for all operations where feasible, and by 2035 for drayage (short distance transport) trucks

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Service Stations
The City of Cotati does not have “gas station” defined as a land use category. Instead, gas stations are considered “service stations” and are defined in Chapter 17.90 of the Cotati Municipal Code (CMC) as follows:
“Service station” means a retail business selling gasoline and/or other motor vehicle fuels, and related products. Where allowed by Article 2 (Community and Project Design), a service station may also include “vehicle services,” and/or trailer rental (“Auto and vehicle sales or rental”), which are separately defined. Does not include convenience stores, which are separately defined, and regulated by this land use code as a separate land use type.

Presently, service stations require a Use Permit, and may be allowed in the following commercial zoning districts:
• CE (Commercial, East Cotati)
• CG (Commercial, Gravenstein Highway)
• CD (Downtown Commercial)
• CA (Commerce Avenue) – a district within the Downtown Specific Plan area In addition to the Use Permit requirements, all service stations are required to implement development standards set forth in CMC Section 17.42.180, which includes permit and application requirements, limitations on locations, site requirements, site planning standards, building design standards, facility operating standards, accessory uses, and requirements for the removal of fuel storage tanks upon cessation or change in use.

The proposed ordinance maintains the service station land use category but changes the land use title from “service station” to “service station (non-fossil fuel sales)” and amends the definition as shown in the following strike-out (deleted) and underline (added) text:
“Service station (non-fossil fuel sales)” means a retail business that provides electrical charging or fueling for vehicles but does not include the sale of fossil fuels. selling gasoline and/or other motor vehicle fuels and related products. New or expanded facilities to store, convey, or dispense fossil fuels are prohibited.

Where allowed by Article 2 (Community and Project Design), a service station may also include “vehicle services,” and/or trailer rental (“Auto and vehicle sales or rental”), which are separately defined. Does not include “convenience stores,” and/or other commercial uses which are separately defined, and regulated by this land use code as a separate land use types.

The proposed definition clarifies that service stations cannot add new or expanded facilities that store, convey, or dispense fossil fuels. The prohibition of fossil fuel sales, as well as the limits to modifications of existing service stations, is further stated in the proposed amendments to CMC

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Section 17.42.180 that sets forth the development standards for service stations. CMC Section

17.42.180 would be renumerated and amended to add the following section:
“B. Sale of fossil fuels for internal combustion engines prohibited.

1. New facilities and expansions of existing facilities that store, convey or dispense automotive fossil fuels including gasoline, diesel, Compressed Natural Gas (CNG), high ethanol blends, propane and liquified petroleum gas (LPG) shall not be permitted.

2. Except as provided below, existing service station facilities used for storage, conveyance, or dispensing of fossil fuels for internal combustion engines shall not be enlarged, extended, reconstructed or relocated to a different portion of the lot or parcel occupied by such use.
a. Modifications to improve soil, groundwater, and stormwater quality. Service stations may be modified to conform to current stormwater quality control regulations or remediate contamination of the soil or groundwater.
b. Modifications to improve traffic safety. As determined by the City Engineer, the pedestrian and vehicular circulation features (e.g., curbing, sidewalks, traffic control devices) of a service station use may be modified to improve public safety. c. Modifications to enable battery charging stations. Service station uses may be modified to accommodate battery charging stations for zero-emission vehicles. d. Modifications for commercial uses other than fossil fuel sales. Service station uses may be altered to accommodate other commercial uses that are not related to fossil fuel sales and allowed in the respective zoning district.” Land Use – “Service stations (non-fossil fuel sales)”
The proposed ordinance maintains “service stations (non-fossil fuel sales)” as an allowable land use (with Use Permit approval) in the above-mentioned CE, CG, CD, and CA zoning districts.

Providing for service stations that are limited to charging or providing alternative fuels allows for development of the facilities and services that will be required for local residents and travelers along Highway 101 as the State moves to transition to 100% zero-emission vehicles. Eliminating service stations as an allowed land use citywide could have the unintended consequence of limiting the services for zero-emission vehicles by preventing new, perhaps novel, facilities and an overreliance on existing service stations to transition from gasoline and diesel sales to facilities that serve zero-emission vehicles.

Land Use – “Electric vehicle charging station”
Charging equipment for battery-powered electric vehicles and related site improvements are typically treated as accessory uses that, pursuant to AB 1236 (Chiu, 2015), are approved through a building permit application or similar non-discretionary permit with considerations of public health and safety. Presently, the zoning code does not identify where electric vehicles charging

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stations may be located or if a Use Permit is required. The proposed ordinance adds the definition of “electric vehicle charging station” to the Land Use Code and makes explicit that electric vehicle charging stations are allowed in all zoning districts as an accessory use and that no discretionary Use Permit is required.

General Plan Consistency
The proposed Land Use Code amendments to prohibit facilities that store, convey or dispense fossil fuels to vehicles with internal combustion engines are in the best interest of the City because it furthers established General Plan goals and programs to reduce greenhouse gas emissions and implements some of Cotati’s local implementation measures identified in the countywide climate action plan, Climate Action 2020 and Beyond (CA2020). The amendments are consistent with and implement the following specific General Plan and CA2020 goals and objectives:

General Plan – Circulation Element
Objective CI 3A: Reduce the levels of greenhouse gas (GHG) emissions created by automobile traffic in Cotati.

Policy CI 3.1: Actively support the Regional Climate Protection Authority (RCPA) in its efforts reduce GHG emissions to a level that is 25% below 1990 levels by 2015 and 40% below 1990 levels by 2035.

General Plan – Conservation Element
Objective CON 2B: Reduce emissions of greenhouse gases from city operations and community sources.

Policy CON 2.7: Continue to aggressively implement the greenhouse gas (GHG) reduction measures contained in the 2008 Cotati Greenhouse Gas Emissions Reduction Action Plan.

Policy CON 2.8: Support the development and implementation of a GHG reduction plan, or Climate Action Plan, that addresses and reduces GHG emissions associated with community operations, including but not limited to: mobile sources (vehicle traffic), energy consumption, and solid waste.

Policy CON 2.9: Coordinate with Sonoma County and nearby cities to implement regional GHG reduction plans and consolidate efforts to reduce GHGs throughout the County.

Climate Action 2020 and Beyond
Goal 5: Encourage a Shift Toward Low-Carbon Transportation Options Goal 7: Encourage a Shift Toward Low-Carbon Fuels in Vehicles and Equipment

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Measure 7-L3: Reduce fossil fuel use in equipment through efficiency or fuel switching Financial Considerations
The proposed ordinance will not have an adverse financial impact on the City. The staff time to prepare the ordinance will be absorbed into the Community Development Department’s budget and any staff time to review and process future modifications to service stations will be recovered through design review application and building permit fees.

Environmental Issues
Actions Relating to the Prohibition on New or Expanded Fossil Fuel Storage and Dispensing Facilities
This ordinance to amend the Land Use Code to prohibit new and expanded facilities that store or dispense fossil fuels is not a project within the meaning of CEQA Guidelines Section 15378 and is exempt under Section 15061(b)(3) of the CEQA Guidelines because it has no potential for resulting in a direct or indirect physical change to the environment, and it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment in that the amendment prevents physical changes to the environment by prohibiting new or expanded facilities.

Actions Relating to Regulations For Modifying Service Stations This ordinance applies to five existing vehicle service stations that store, convey, and dispense fossil fuels, including gasoline and diesel fuel. This ordinance prohibits the addition, enlargement, extension, reconstruction or relocation of fueling facilities and defines three specific categories of permitted modifications, as follows: 1) those to improve soil, groundwater and stormwater quality; 2) those necessary to improve traffic safety; and 3) those to enable battery charging stations. The regulations to allow for modifications to improve soil, groundwater and stormwater quality, and traffic safety are categorically exempt from CEQA in accordance with the following:
• CEQA Guidelines Section 15301 (Existing Facilities) which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. • CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures) which applies to construction and location of limited numbers of new small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. • CEQA Guidelines Section 15304 (Minor Alterations to Land) which applies to minor public or private alterations in the condition of land, water, and/or vegetation which do

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not involve the removal of healthy, mature scenic trees except for forestry or agricultural purposes.
• CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment) which applies to actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.

Actions Relating to Land Use - “Electric Vehicle Charging Station” Pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with CEQA Guidelines Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA.

Attachments:

Exhibit A - History of Cotati's climate protection measures (PDF) Exhibit B - Planning Commission Resolution No. PC-2022-7 (PDF)

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EXHIBIT A
History of Cotati’s Climate Protection Measures

DATE ACTION EFFECT
09/26/2001 Resolution No. 01-96 Endorsed Bay Area Alliance for Sustainable Development & their effort to develop a sustainable growth action plan 04/10/2002 Resolution No. 02-21 Endorsed aims and objectives of the Cities for Climate Protection Campaign (Sponsored by the International Council for Local Environmental Initiatives (ICLEI)) & endeavored to follow its 5-milestone program

1. Develop a GHG emissions inventory

2. Develop a GHG emissions reduction target

3. Develop Action Plan to meet the GHG reduction target

4. Implementation of the Action Plan

5. Monitor to review progress
• National first- all municipalities in Sonoma and the
county pledge to measure and reduce GHG
2003 Study/Report City completes inventory of GHG emissions associated with internal municipal operations
• Followed an updated Cities for Climate Protection
protocol
• All jurisdictions county-wide complete their inventories Another national first!
04/28/2004 Resolution No. 04-14 Urged CARB to enact strong regulations to reduce GHGs emitted by passenger vehicles pursuant to AB 1493 (Pavley) 10/27/2004 Resolution No. 04-88 Adopted goal of 20% reduction in GHG emissions from municipal operations (from year 2000 baseline levels by 2010) • Also develop an action plan to meet the target
06/01/2005 California
Executive Order
S-3-05
Established State GHG emission targets:
• By 2010, reduce GHG emissions to 2000 levels
• By 2020, reduce GHG emissions to 1990 levels
• By 2050, reduce GHG emission to 80% below 1990 levels • First two targets made law in 2006 (AB 32)
08/24/2005 Resolution No. 05-66 Established goal to reduce GHG emissions city-wide by 30% below 1990 levels by 2015

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Attachment: Exhibit A - History of Cotati's climate protection measures (Gas station fossil fuel ban - Second reading) 09/27/2006 AB 32 (Nunez) Global Warming Solutions Act of 2006 • By 2020, reduce GHG emissions to 1990 levels
• Required an emission reduction scoping plan
05/01/2008 Study/Report City received final Greenhouse Gas Emissions Reduction Action Plan Analysis (GHG Plan)
• Identified 27 individual measures combined into 5 action plans
• Measures will result in emission reductions of 23% or more 07/23/2008 Resolution No. 08-62 Adopted GHG Action Plan “B”, or equivalent measures, which aims to achieve up to a 26% reduction in GHG emissions citywide 07/23/2008 Council Motion Approved the Climate Protection Charter & organizational structure
10/15/2008 Study/Report Climate Protection Campaign releases the Sonoma County Community Climate Action Plan
11/12/2008 Resolution No. 08-76 Authorized City Manager to take actions as necessary to support creation of a Regional Climate Protection Coordination Plan
10/11/2009 AB 881 (Huffman) Created the Regional Climate Protection Authority (RCPA) • Public Utilities Code Section 181000, et seq.
2011 Project/action Purchased Toyota Prius
05/09/2012 Resolution No. 2012-
14 Partnered with Sonoma County to install three electric vehicle charging stations
01/09/2013 Resolution No. 2013-
05 Adopted a complete streets policy. The policy was folded into the 2015 General Plan update.
06/26/2013 Resolution No. 2013-
41 Requested Sonoma Clean Power Authority act as Community Choice Aggregator to provide electrical power to Cotati residents
04/29/2015 California
Executive Order
B-30-15
Established 2030 State GHG emission target:
• By 2030, reduce GHG emissions to 40% below 1990
levels
2015 Project/action Siemens Contract
• Retrofitted all city-owned street lights with LEDs
o All PG&E lighting in 2017 (not part of Siemens)
• Retrofitted fluorescent lighting on all city buildings

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Attachment: Exhibit A - History of Cotati's climate protection measures (Gas station fossil fuel ban - Second reading) • Replaced all water meters with radio signaling
• HVAC Upgrades on all city building (Thermostats, AC)
• Installed vending misers at Cotati Room(2) & Police(1) 09/22/2015 Ordinance No. 857 Added chapter to the municipal code to streamline permitting for small residential rooftop solar systems
04/26/2016 Informational
presentation
Presentation on the draft county-wide climate action plan, Climate Action 2020
09/08/2016 SB 32 Codified statewide goal of 40% below 1990 levels by 2030 07/25/2017 Resolution No. 2017-
45 Resolution in support of Paris Climate Agreement & joined the Climate Mayors Initiative
• Limit temperature increase to less than 2°C
• Implement a Climate Action Plan
• Adopt policies & programs that promote GHG reductions 09/12/2017 Ordinance 875 Adopted a permit streamlining ordinance for electric vehicle charging stations
09/12/2017
03/27/2018
05/8/2018
06/25/2019
11/26/2019
09/22/ 2020
Project/action
Resolution No. 2018-
15 Resolution 2018-26
Direction to City
Manager
Resolution No. 2019-
74 Resolution No. 2020-
58 Chevy Bolt vehicle purchase
Resolution reaffirming commitment to reduce GHGs and
adoption of local implementation measures identified in Climate Action 2020
Resolution urging US Congress to enact a revenue-neutral carbon fee and dividend program
Direction to switch the City’s electric accounts to Sonoma Clean Power’s Evergreen (100% renewable) program
Resolution declaring a climate emergency & immediate
emergency mobilization to restore a safe climate
Adopted thresholds of significance for vehicle miles travelled (VMT). Threshold targets a 15% reduction in average VMT

8.B.a
Packet Pg. 35
Attachment: Exhibit A - History of Cotati's climate protection measures (Gas station fossil fuel ban - Second reading)

8.B.b
Packet Pg. 36
Attachment: Exhibit B - Planning Commission Resolution No. PC-2022-7 (Gas station fossil fuel ban - Second reading)

8.B.b
Packet Pg. 37
Attachment: Exhibit B - Planning Commission Resolution No. PC-2022-7 (Gas station fossil fuel ban - Second reading)

8.B.b
Packet Pg. 38
Attachment: Exhibit B - Planning Commission Resolution No. PC-2022-7 (Gas station fossil fuel ban - Second reading)

8.B.b
Packet Pg. 39
Attachment: Exhibit B - Planning Commission Resolution No. PC-2022-7 (Gas station fossil fuel ban - Second reading)

8.B.b
Packet Pg. 40
Attachment: Exhibit B - Planning Commission Resolution No. PC-2022-7 (Gas station fossil fuel ban - Second reading) ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING SECTION 17.24.020 (ALLOWABLE LAND USES), SECTION 17.42.180 (SERVICE STATIONS) AND CHAPTER 17.90 (DEFINITIONS) OF THE COTATI MUNICIPAL

CODE TO PROVIDE PROVISIONS FOR ELECTRIC VEHICLE CHARGING AND

PROHIBIT NEW SERVICE STATION FACILITIES THAT STORE, CONVEY OR DISPENSE FOSSIL FUELS, CITYWIDE. FILE NO. PA21-27
WHEREAS, Article XI, Section 7 of the California Constitution authorizes cities to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the United States Environmental Protection Agency has classified gas station and fuel storage locations as uses that may result in a brownfield site. Brownfield sites are properties where the development, redevelopment, or reuse of may be complicated by the presence hazardous substances, pollutants, or contaminants; and WHEREAS, common contaminants found at gas station sites include gasoline, diesel, and petroleum oils, volatile organic compounds and solvents, polycyclic aromatic hydrocarbons, and lead. Exposure to the types of contaminants present, or potentially present, at gas stations can threaten the public health, safety and welfare of neighboring communities; and WHEREAS, the State of California has adopted policy targets to reduce greenhouse gases (GHGs) by 40% from 1990 levels by 2030 and by 80% from 1990 levels by 2050; and WHEREAS, Governor Brown’s Executive Order B-48-18, signed on January 26, 2018, noted that the transportation sector resulted in 50 percent of California’s total greenhouse gas emissions and 80 percent of smog-forming oxides of nitrogen, and directed all state entities to work with local government and the private sector to ensure there are at least 5 million zeroemission vehicles on California roads by 2030, and the creation of 200 hydrogen fueling stations and 250,000 electric vehicle charging stations by 2025 to support such vehicles; and WHEREAS, the City of Cotati participates in a coordinated, countywide collaboration to address climate change via the Sonoma County Regional Climate Protection Authority (RCPA), and the RCPA has adopted the same GHG reduction targets as the State of California; and WHEREAS, on March 27, 2018, the City Council adopted Resolution 2018-15 reaffirming Cotati’s commitment to reduce GHG emissions and agreed to work towards the countywide and state goal to reduce GHG emissions by 40% below 1990 levels by 2030 and 80% below 1990 levels by 2050; and
WHEREAS, on November 26, 2019, the City Council adopted Resolution 2019-74 endorsing the declaration of a climate emergency and immediate mobilization to restore a safe climate; and
WHEREAS, Governor Newsom’s Executive Order N-79-20, signed on September 23, Packet Pg. 41
2020, sets a goal to eliminate sales of new internal combustion passenger vehicles by 2035; and WHEREAS, on July 27, 2021, the City Council adopted Resolution No. 2021-41 endorsing the goals of Climate Safe California and called on the State of California to accelerate its climate action timelines, including the phase-out of fossil fuel development, production, and use; and
WHEREAS, adoption of changes to Land Use Code are necessary to implement the objectives of the General Plan and the City’s adopted greenhouse gas reduction goals; and WHEREAS, on May 16, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed Land Use Code amendments and recommended City Council approval of the implementing draft ordinance; and
WHEREAS, on June 28, 2022, the City Council introduced the ordinance at a duly noticed public hearing, at which time all interested persons were given an opportunity to be heard.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals Made Findings. The above recitals are declared to be true and correct and constitute a part of the findings made by the City Council in adopting this Ordinance.

SECTION 2. Amendments to the Cotati Municipal Code. Subsections 17.90.020(E),

17.90.020(F), and 17.90.020(S) are amended, as shown in strike-out (deleted) and underline (added) text, in alphabetical order, as follows:

17.090.020(E), Definitions, “E.”
“Electric vehicle charging station” means any level of electric vehicle supply equipment that is designed and built in compliance with Article 625 of the California Electrical Code, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

17.090.020(F), Definitions, “F.”
“Fuel dealer” means a retail trade establishment that sells fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, to consumers. Does not include “service station,” which is separately defined and regulated by this land use code as a separate land use type.

17.90.020(S), Definitions, “S.”
“Service station (non-fossil fuel sales)” means a retail business that provides electrical charging or fueling for vehicles but does not include the sale of fossil fuels. selling gasoline and/or other motor vehicle fuels and related products. New or expanded Packet Pg. 42
facilities to store, convey or dispense fossil fuels are prohibited. Where allowed by Article 2 (Community and Project Design), a service station may also include “vehicle services,” and/or trailer rental (“Auto and vehicle sales or rental”), which are separately defined. Does not include “convenience stores,” and/or other commercial uses which are separately defined, and regulated by this land use code as a separate land use types.

SECTION 3. Amendments to the Cotati Municipal Code. Section 17.22.020, Tables 2-2, 2- 3, and 2-4 are amended, as shown in strike-out (deleted) and underline (added) text, as follows:

Table 2-2
Allowed Land Uses and Permit Requirements for Low Density and Neighborhood Zones P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Agricultural and Open Space Uses
Agricultural accessory structure UP – P P – – – 17.42.020 Animal keeping S S S S S S S 17.42.040
Crop production, horticulture, orchard, vineyard – – UP – – – – Plant nursery – – UP – – – –
Winery, small scale – – UP(2) – – – –
Industry, Manufacturing and Processing, Wholesaling
Artisan/craft product manufacturing – – UP(3) – – – –
Recreation, Education and Public Assembly Uses
Community garden – MUP MUP MUP MUP MUP MUP
Equestrian facility – UP UP – – – –
Meeting facility, public or private – – – – UP UP UP
Park UP P P P P P P
Playground – P P P P P P
Private residential recreation facility – – – UP UP UP UP School – Elementary, middle, secondary – – – UP UP UP – Residential Uses
Packet Pg. 43
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Accessory dwelling unit – – P P P P P 17.42.170
Caretaker quarters UP – – – – – –
Cottage housing – – – – S S S 17.42.125
Home occupation – – P P P P P 17.42.080
Junior accessory dwelling unit – – P P P – – 17.42.170
Mobilehome park – – UP UP UP UP UP 17.42.110
Mobile/manufactured home – – P P P P P 17.42.110
Multifamily housing, 2 units – – – – UP P P 17.42.120
Multifamily housing, 3 or 4 units – – – – – UP P 17.42.120 Multifamily housing, 5 to 9 units – – – – – UP UP 17.42.120 Multifamily housing, 10 or more units – – – – – – UP 17.42.120 Multifamily housing, up to 100 units with 25%
affordable
– – – – – – P 17.42.120
Organizational house (sorority, monastery, etc.) – – – – – – UP Residential accessory use or structure – – P P P P P 17.42.160 Residential care facility for the elderly (RCFE) – – UP UP UP UP UP Residential care, 11 or more clients – – UP UP UP UP UP Residential care, 6 or fewer clients, in a single-family dwelling
– – P P P P P
Residential care, 7 to 10 clients – – UP UP UP UP UP
Residential component of a mixed use project – – – – UP UP UP 17.42.100 Rooming or boarding house – – – – – – UP
Single-family dwelling – – P P P UP(4) UP(4)
Retail Trade
Accessory retail and services – – – – UP UP UP
Convenience store, 1,200 sq. ft. or less – – – – UP UP UP Produce stand – – UP – – – – 17.42.130
Packet Pg. 44
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District

OSC OSR RR RVL NL NM NU
Specific
Use
Regulations
Services – Business and Professional
Medical services – Extended care – – – – – UP UP
Office – Accessory – P P P P P P
Services
Adult day care – 6 or fewer clients – – P P P P P
Adult day care – 7 to 14 clients – – UP UP UP UP UP
Adult day care – 15 or more clients – – UP UP UP UP UP
Child day care – Small family day care home – – P P P P P Child day care – Large family day care home – – P P P – – 17.42.060 Child day care – Day care center – – – – – UP UP 17.42.060 Kennel, animal boarding – – UP – – – –
Lodging – Bed and breakfast inn (B&B) – – UP UP – – – 17.42.050 Personal services – 1,000 sq. ft. or less – – – – – UP UP Public safety facilities – – UP UP UP UP UP
Transportation, Communications and Infrastructure
Electric vehicle charging station(5) P P P P P P P 14.38 Solar collector S S S S S S S 17.30.084
Windmills – – UP – – – – 17.42.190
Notes:
(1) See Article 9 of this title for land use definitions. (2) May be approved only in conjunction with an on-site vineyard of three acres or larger. (3) May be approved only on a site of three acres or larger. (4) Use permit approval shall require that the review authority first find that the location of a proposed single-family dwelling on a parcel that may be further subdivided will not preclude future subdivision and development in compliance with the general plan. (5) Permitted as an accessory use.

Packet Pg. 45
Table 2-3
Allowed Land Uses and Permit Requirements for Mixed Use Corridors and Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District
CE CG CD CI IG PF Specific Use
Regulations
Industry, Manufacturing and Processing, Wholesaling
Agricultural product processing – – – – P –
Artisan/craft product manufacturing MUP MUP MUP P P – See Note 5 Below
Brewery – Brew pub MUP MUP MUP – – –
Brewery – Production – – – UP UP –
Construction contractor – – – – UP –
Food and beverage product manufacturing – – – – MUP MUP Furniture and fixtures manufacturing, cabinet shop – – – P P – Industrial research and development – MUP – P MUP –
Laboratory – Medical, analytical, research and
development
P P – P MUP –
Laundry, dry cleaning plant – – – – UP –
Manufacturing/processing – Light – – – MUP P –
Manufacturing/processing – Medium intensity – – – MUP MUP – Manufacturing/processing – Heavy – – – – UP –
Media production P P – P P –
Printing and publishing UP UP – P P –
Recycling – Reverse vending machine MUP MUP – – – –
Recycling – Small collection facility UP UP – UP P – 17.42.150 Recycling – Medium collection facility – – – UP UP – 17.42.150 Storage – Outdoor – – – UP UP – 17.42.140
Storage – Personal storage facility (mini-storage) – – – – – – Storage – Warehouse, indoor storage – – – UP – –
Wholesaling and distribution – – – UP UP –
Packet Pg. 46
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District
CE CG CD CI IG PF Specific Use
Regulations
Winery – Boutique – UP – MUP MUP –
Winery – Production – – – MUP MUP –
Recreation, Education and Public Assembly Uses
Adult-oriented business – – – – S – 17.40
Commercial recreation facility – Indoor – 5,000
sq. ft. or less
UP P – P – –
Commercial recreation facility – Indoor – More
than 5,000 sq. ft.

UP MUP – UP – –
Commercial recreation facility – Outdoor – – – UP – –
Conference/convention facility – 5,000 sq. ft. or
less
UP MUP UP(2) MUP – UP
Conference/convention facility – More than 5,000
sq. ft.

UP UP UP(2) UP – UP
Health/fitness facility UP P UP(2) P UP –
Library, museum P P MUP P – P
Meeting facility, public or private – 5,000 sq. ft. or
less

UP MUP MUP
(2) MUP – MUP
Meeting facility, public or private – More than
5,000 sq. ft.

UP UP UP(2) UP – UP
Park P P P – – P
School – Elementary, middle, secondary UP(2) UP(2) – – – UP School – Specialized education/training UP(2) UP(2) UP(2) UP – UP Sports and entertainment assembly – – – UP – UP
Studio – Art, dance, martial arts, music, etc. P P MUP(2) P UP – Theater UP MUP MUP MUP – UP
Residential Uses
Accessory dwelling unit P P P – – – 17.42.170
Emergency/transitional shelter – – S – – S 17.42.072
Home occupation P P P – – – 17.42.080
Live/work unit UP UP – UP UP – 17.42.090
Packet Pg. 47
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District
CE CG CD CI IG PF Specific Use
Regulations
Residential care facility for the elderly (RCFE) UP MUP – – – UP Residential care facility, 7 or more clients UP – – – – UP Residential component of a mixed use project P P P – – – 17.42.100 Retail Trade(3)
Accessory retail or services P P P P P P
Alcoholic beverage sales – Associated with a
restaurant(4)
P P P P UP – 17.42.030
Alcoholic beverage sales UP UP UP – – – 17.42.030
Antique or collectible store MUP P MUP – – –
Artisan shop P P P P – –
Auto and vehicle sales and rental – UP – MUP UP –
Auto parts sales with no installation services – P – P – – Bar, tavern UP UP UP – – –
Building and landscape materials sales – Indoor – P – P P – Building and landscape materials sales – Outdoor – UP – MUP – – 17.42.130 Construction and heavy equipment sales and rental – – – MUP MUP – 17.42.130 Convenience store UP UP – UP – –
Drive-through retail – UP – UP – – 17.42.070
Extended hour retail UP MUP MUP MUP – –
Farm supply and feed store – P – P – –
Farmers market MUP MUP MUP MUP UP UP
Formula-based fast food restaurant S S S – – – 17.42.071 Fuel dealer (propane for home and farm use, etc.) – – – UP UP – Furniture, furnishings and appliance store P P UP P UP – General retail – Less than 5,000 sq. ft. P P P P – –
General retail – 5,000 sq. ft. to 20,000 sq. ft. P P P P – – General retail – More than 20,000 sq. ft. UP P UP P – – Packet Pg. 48
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District
CE CG CD CI IG PF Specific Use
Regulations
Groceries, specialty foods – 10,000 sq. ft. or less P P P P – – Groceries, specialty foods – More than 10,000 sq.
ft.

UP MUP UP MUP – –
Mobilehome, boat, or RV sales – – – MUP – –
Night club UP UP UP – – –
Outdoor display and sales MUP MUP MUP MUP – – 17.42.130 Plant nursery – MUP – MUP MUP –
Restaurant – Outdoor dining(6) P/
MUP
P/
MUP
P/
MUP
P/
MUP
– – 17.42.130(E)
Restaurant, cafe, coffee shop P P P P UP –
Retail complex UP P UP P – –
Retail display gallery – P P – – – 17.90.020
Second hand store UP UP UP – – –
Service station (non-fossil fuels sales) UP UP UP – – – 17.42.180 Tasting room UP P P P – –
Warehouse retail – MUP – UP – –
Services – Business, Financial, Professional
ATM P P P P – –
Bank, financial services P P UP P – –
Business support service P P P
(2) UP – –
Medical services – Doctor office UP P
(2) P(2) – – –
Medical services – Clinic, urgent care UP – – – – –
Office – Accessory P P P P P P
Office – Business/service UP UP(2) P
(2) P – –
Office – Government MUP MUP MUP MUP MUP MUP
Office – Processing UP(2) MUP UP(2) MUP – –
Office – Professional/
administrative
P P P
(2) P – –
Services – General
Packet Pg. 49
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District
CE CG CD CI IG PF Specific Use
Regulations
Accessory retail or services P P P P P P 17.42.015
Adult day care UP – – – – UP
Catering service – – – P P –
Child day care center MUP P MUP MUP – UP
Drive-through service – UP – – – – 17.42.070
Equipment rental – – – MUP UP – 17.42.140
Kennel, animal boarding – MUP – MUP UP –
Lodging – Bed and breakfast inn (B&B) P P MUP – – –
Lodging – Boutique hotel or motel UP UP UP – – –
Lodging – Hotel or motel UP UP UP – – –
Maintenance service – Client site services – – – P P –
Mortuary, funeral home UP – – – – –
Personal services P P P P – –
Personal services – Restricted UP(2) – – – – –
Public safety facility UP UP UP UP UP P
Repair service – Equipment, large appliances, etc. – – – P P – Social service organization MUP(2) MUP(2) – MUP – UP
Vehicle services – Major repair/body work – – – UP MUP – Vehicle services – Minor maintenance/repair – – – UP UP – Veterinary clinic, animal hospital MUP P – P MUP –
Transportation, Communications and Infrastructure
Ambulance, taxi, or limousine storage – – – – UP –
Broadcasting studio – UP(2) UP(2) MUP – –
Electric vehicle charging station(7) P P P P P P 14.38
Parking facility, public or commercial UP UP UP – – P
Telecommunications facility – – – S S S 17.44
Transit station or terminal UP UP UP UP – UP
Packet Pg. 50
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
Land Use(1)
Permit Required by District
CE CG CD CI IG PF Specific Use
Regulations
Utility facility – – – UP UP UP
Vehicle storage – – – – UP –
Key to Zoning District Symbols
CE East Cotati Avenue Corridor CI Commercial/Industrial District CG Gravenstein Highway Corridor IG General Industrial District CD Downtown Commercial PF Public Facility District
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C), Limitation on the Location of Allowable Land Uses, or behind an allowed ground floor street frontage use.
(3) See Section 17.42.165, Retail use maximum floor area. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Permitted as an accessory use.

Table 2-4
Allowed Land Uses and Permit Requirements for Downtown Specific Plan Districts P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
Packet Pg. 51
– Use not allowed
LAND USE(1)
PERMIT REQUIRED BY DISTRICT Specific Use
Regulations HC LP NG CA

RECREATION, EDUCATION & PUBLIC ASSEMBLY USES
Commercial recreation facility – Indoor MUP – MUP MUP
Conference/convention facility – – UP(2) UP
Health/fitness facility UP(2) – P P
Library, museum P – P P
Meeting facility, public or private – UP UP(2) UP
Park, Playground P P P P
School – Specialized education/training UP – UP UP
Studio – Art, dance, martial arts, music, etc. P P P P
Theater (cinemas or performing arts) MUP – P P

RESIDENTIAL USES
Accessory dwelling unit P P P P 17.42.170
Emergency/transitional shelter S S S S 17.42.072
Home occupation P P P P 17.42.080
Live/work unit P P P P 17.42.090
Residential component of a mixed use project P P P P 17.42.100 Residential care facility for the elderly (RCFE) – UP UP UP Residential care facility, 7 or more clients – UP – –

TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE
Broadcasting studio UP(2) – UP(2) –
Electric vehicle charging station(7) P P P P 14.38
Parking facility UP UP UP(2) UP
Transit station or terminal P P P P

RETAIL TRADE
Accessory retail or services P P P P
Alcoholic beverage sales – associated with a restaurant(4) P P P P 17.42.030 Alcoholic beverage sales – off-sale UP UP UP UP 17.42.030 Antique or collectible store P P P P
Artisan/craft product manufacturing MUP MUP MUP MUP See Note (5) below
Artisan shop P P P P
Packet Pg. 52
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
LAND USE(1)
PERMIT REQUIRED BY DISTRICT Specific Use
Regulations HC LP NG CA
Auto parts sales with no installation services – – – P
Bar, tavern UP UP UP UP 17.42.030
Brewery – Brew pub MUP MUP MUP MUP
Convenience store – – UP UP
Extended hour retail UP MUP P P
Furniture, furnishings and appliance store UP – MUP MUP General retail – Less than 5,000 sf P P P P
General retail – 5,000 sf to 20,000 sf P – P P
General retail – More than 20,000 sf (Max. 43,000 sf) – – MUP MUP Groceries, specialty foods – 10,000 sf or less P P P P
Groceries, specialty foods – More than 10,000 sf – – P UP Night club UP – UP UP
Outdoor display and sales MUP MUP MUP MUP 17.42.130
Restaurant – Outdoor dining on private property(6) P/MUP P/MUP P/MUP P/MUP 17.42.130 Restaurant – Outdoor dining in public right-of-way P P P P 17.42.130 Restaurant, cafe, coffee shop P P P P
Retail complex – – UP UP
Retail display gallery P P P P 17.90.020
Second hand store UP – – –
Service station (non-fossil fuel sales) – – – UP 17.42.180 Tasting room P P P P
SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL

ATM P P P P
Bank, financial services P P P P
Business support service P
(2) P(2) P(2) P
Medical services – Doctor office P P P P
Medical services – Clinic, urgent care – – – P
Packet Pg. 53
P Permitted Use, Zoning Clearance required
MUP Minor Use Permit required
UP Use Permit required
S Permit requirement set by Specific Use Regulations
– Use not allowed
LAND USE(1)
PERMIT REQUIRED BY DISTRICT Specific Use
Regulations HC LP NG CA
Office – Accessory P P P P
Office – Business/service P
(2) P(2) P(2) P
Office – Government UP UP UP UP
Office – Processing UP(2) – UP(2) –
Office – Professional/administrative P
(2) P P(2) P
Veterinary clinic, animal hospital P P P P
SERVICES – GENERAL
Accessory retail or services P P P P 17.42.015
Adult day care UP(2) UP(2) UP(2) UP
Child day care center UP UP P UP
Lodging – Bed & breakfast inn (B&B) P P P UP
Lodging – Boutique hotel and motel UP UP P P
Lodging – Hotel UP(2) UP(2) P P
Personal services P P P P
Public safety facility – – – –
Social service organization – UP(2) UP(2) UP
Vehicle services – Minor maintenance/repair – – – UP
Key to Zoning District Symbols
HC Historic Core NG Northern Gateway
LP La Plaza CA Commerce Avenue
Notes:
(1) See Article 9 for land use definitions.
(2) Use allowed only on second or upper floors, in compliance with Section 17.24.050(C) (Limitation on the Location of Allowable Land Uses), or behind an allowed ground floor street frontage use.
(3) Where allowed by the downtown specific plan’s regulating plan. (4) When the Department of Alcoholic Beverage Control allows customers under twenty-one years of age on the premises.

Packet Pg. 54
(5) Artisan/craft product manufacturing uses proposed in the CE, CG, CD, HC, LP, NG, and CA districts must be located within buildings and suites designed and oriented to engage and encourage pedestrian activity and interaction with the surrounding uses. Uses in these districts must also include retail storefront presence and design characteristics, with production and manufacturing design elements (such as loading doors, material storage, etc.) oriented away from the primary entrances and street frontages of developments where they are located. (6) MUP required for outdoor dining on private property in the CD district when the dining use abuts a residential land use.
(7) Permitted as an accessory use.

SECTION 4. Amendment to the Cotati Municipal Code. Section 17.42.180 is amended, as shown in strike-out (deleted) and underline (added) text, as follows:

17.42.180 Service stations (non-fossil fuel sales).

This section establishes standards for the development and operation of motor vehicle service stations, where allowed by Chapter 17.22 (Allowable Land Uses) of this title.

A. Permit and Application Requirements. A service station shall require design review in compliance with Section 17.62.040, in addition to the planning approval required by Chapter 17.22 (Allowable Land Uses) of this title. Each application for a new or remodeled service station shall include a photometric plan identifying all proposed light sources and their illumination levels, to assist in evaluating compliance with the outdoor lighting requirements of subsection (D)(5) of this section and Section

17.30.060 (Outdoor lighting) of this title. The city may require an applicant to pay the cost for a lighting consultant engaged by the city to evaluate photometric plans and recommend alternatives to proposed lighting.

B. Sale of fossil fuels for internal combustion engines prohibited.

Packet Pg. 55
c. Modifications to enable battery charging stations. Service station uses may be modified to accommodate battery charging stations for zero-emission vehicles. d. Modifications for commercial uses other than fossil fuel sales. Service station uses may be altered to accommodate other commercial uses that are not related to fossil fuel sales and allowed in the respective zoning district.

BC. Limitations on Location.

1. Prohibited Locations. A service station site shall not abut a residential zoning district or residential use. A service station shall not be established within three hundred fifty feet of an existing museum, park, playground, school, or similar use as determined by the review authority.

2. Separation Between Stations. A service station shall not be closer than five hundred feet to another service station except when both are at the same street intersection. The distance shall be measured in a straight line from the nearest property line of the sites for each service station. No more than two service stations shall be located at the same street intersection.

CD. Site Requirements. A site proposed for new service station shall:

1. Be located on an arterial street on a site with a minimum of one hundred fifty feet of frontage; and

2. Have a minimum area of fifteen thousand square feet and a minimum depth of one hundred feet.

The review authority may allow a service station on a site that does not comply with the above requirements if the review authority determines that the exception will improve traffic circulation or reduce traffic. Approval of the exception shall also require that the review authority first find that the service station is effectively integrated into the architecture and design of the overall retail complex.

DE. Site Planning Standards. The layout of a service station site and its site features shall comply with the following standards:

1. Site Access and Driveways.
a. Curb cuts for service station driveways shall be separated by a minimum of thirty feet from edge-to-edge.
b. A driveway shall not be located closer than fifty feet to the end of a curb corner nor closer than twenty-five feet to an interior property line.

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c. The width of a driveway shall not exceed twenty-five feet, measured at the sidewalk.
d. Each pump island shall be provided a stacking area that can accommodate a minimum of three waiting vehicles.

2. Setback Requirements.
a. Pump islands shall be located a minimum of fifteen feet from any property line to the nearest edge of the pump island.
b. A canopy or roof structure over a pump island shall be a minimum of ten feet from any property line.

3. Pavement. A service station site shall be paved with a permanent surface of concrete or asphalt material and shall contain drainage facilities in compliance with all federal, state, and local laws, rules, and regulations. Any unpaved portion of the site shall be landscaped and separated from the paved area by curbs or other barrier approved as part of the design review for the site.

4. Landscaping. Landscaping, consisting of trees, ground cover, shrubs, vines, and/or other plant materials approved by the review authority shall be installed, permanently maintained and, if necessary, replaced, in compliance with the following standards, and the requirements of Chapter 17.34 (Landscaping Standards) of this title:
a. A minimum of fifteen percent of the entire site shall be landscaped. b. Landscaping is required along all property lines abutting streets, except for driveways, shall have a minimum width of eight feet, and shall be separated from abutting vehicular areas by a wall or curbing at least six inches higher than the abutting pavement.
c. A corner site shall be provided a planter area of at least two hundred square feet at the street corner, except where a building is located at the corner. d. Additional landscaping may be required by the review authority to screen the service station from adjacent properties.
e. All landscaping on the site shall be placed and maintained to provide safe sight distances for pedestrians and drivers.

5. Lighting. Exterior lights, including canopy, perimeter, and flood shall be stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section Packet Pg. 57

17.30.060 (Outdoor lighting) of this title. Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency.

6. Signs and Banners. Signs, banners, and promotional flags shall comply with Chapter 17.38 (Signs) of this title.

7. Solid Waste and Recyclables Storage. The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable federal, state, and local requirements.

Outdoor solid waste and recyclable storage areas and shall be screened by a solid masonry wall with a height of six feet, or as approved by the review authority. The wall design, materials, and colors shall be compatible with the primary structures on the site, as determined by the review authority.

EF. Building Design Standards.

1. Architectural Character. Subject to the requirements of design review, service station architecture shall fit with the existing or intended character of the surrounding area as determined by the review authority.

2. Restrooms. Each service station shall maintain one or more restrooms available for use by the general public without charge. Restroom entrances shall be screened from the view of the public right-of-way.

FG. Facility Operating Standards.

1. Restriction on Outdoor Activities. Outdoor activities on a service station site shall be limited to fueling, electric vehicle charging, replenishing air, water, oil and similar fluids, and the replacement of minor parts (e.g., lamp bulbs, wiper blades, and other similar items) requiring only the use of small hand tools while a vehicle is being serviced at the pump island. Where minor auto repair is permitted by Article 2, all repair activities shall occur entirely within an enclosed structure.

2. Outdoor Display or Storage. There shall be no outdoor display and/or storage of equipment or merchandise. No outdoor vending machines are allowed.

3. Vehicle Parking. Vehicles shall not be parked on sidewalks, parkways, driveways, or alleys, and shall not be parked on the premises for the purpose of sale.

GH. Accessory Uses.

1. Tow Truck Operations. Where tow truck operations are approved as part of a service station by the review authority, no abandoned, disabled, junked, wrecked, or otherwise nonoperational motor vehicles shall remain on the site for more than five days, and shall at all times be stored entirely within an enclosed structure.

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2. Convenience Sales – Parking. Where a service station is approved with a convenience store, the convenience store shall be provided off-street parking and shall be provided in compliance with Chapter 17.36 (Parking and Loading) of this title.

3. Prohibited Uses. The following uses are prohibited:
a. The rental, sale, or storage of garden supplies, tools, trailers, travel trailers, vehicles, and other similar materials and merchandise, except the short-term storage of vehicles allowed in compliance with subsection (G)(1) of this section; b. Incidental uses such as pinball or video game machines, pool tables, or laundry facilities.

HI. Removal of Tanks Upon Cessation or Change of Use. If, for any reason, a service station ceases to sell gasoline or other fuels for more than one hundred fifteen out of one hundred twenty days, all gasoline fuel pumps and signs shall be removed from the site and all gasolinefuel storage tanks shall be removed or and treated in compliance with federal and state regulations, subject to the approval of the Rancho Adobe Fire Protection District.

SECTION 5. Compliance with the California Environmental Quality Act (CEQA).

The City Council of the City of Cotati does hereby find that the Ordinance complies with the requirements of the California Environmental Quality Act (CEQA) in accordance with the following:

A. Actions Relating to the Prohibition on New or Expanded Fossil Fuel Storage and Dispensing Facilities
This ordinance to amend the Land Use Code to prohibit new and expanded facilities that store or dispense fossil fuels is not a project within the meaning of CEQA Guidelines Section 15378 and is exempt under Section 15061(b)(3) of the CEQA Guidelines because it has no potential for resulting in a direct or indirect physical change to the environment, and it can be seen with certainty that there is no possibility that the proposed amendments will have a significant effect on the environment in that the amendment prevents physical changes to the environment by prohibiting new or expanded facilities.

B. Actions Relating to Regulations For Modifying Service Stations This ordinance applies to five existing vehicle service stations that store, convey, and dispense fossil fuels, including gasoline and diesel fuel. This ordinance prohibits the addition, enlargement, extension, reconstruction or relocation of fueling facilities and defines three specific categories of permitted modifications, as follows: 1) those to improve soil, groundwater and stormwater quality; 2) those necessary to improve traffic safety; and 3) those to enable battery charging stations. The regulations to allow for modifications to improve soil, Packet Pg. 59
groundwater and stormwater quality, and traffic safety are categorically exempt from CEQA in accordance with the following:
• CEQA Guidelines Section 15301 (Existing Facilities) which applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
• CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures) which applies to construction and location of limited numbers of new small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. • CEQA Guidelines Section 15304 (Minor Alterations to Land) which applies to minor public or private alterations in the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature scenic trees except for forestry or agricultural purposes.
• CEQA Guidelines Section 15308 (Actions by Regulatory Agencies for the Protection of the Environment) which applies to actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.

C. Actions Relating to Land Use - “Electric Vehicle Charging Station” Pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with CEQA Guidelines Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA.

SECTION 6. Severability
The provisions of this ordinance are severable and if any provision, clause, sentence, word, or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.

SECTION 7. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days after its final passage.

SECTION 8. Publication or Posting.

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The City Clerk of the City of Cotati shall cause this Ordinance to be published or posted as required in Section 36933 of the Government Code of the State of California.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Acceptance of the Community Center Roof Replacement Project Date: July 26, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council adopt a resolution accepting the Community Center Roof Replacement Project as complete, authorizing the City Clerk to file the Notice of Completion, and authorizing the release of retention following 35 days of noticing.

Background
The Community Center is a valuable resource for the City, housing both the Chamber of Commerce and the six classrooms being used extensively for community classes and spaces for the City’s Recreation Program. Since 2005, the roof has experienced continued degradation with leaks evident each winter. In 2020, the City hired Interactive Resources Architects and Engineers (Interactive Resources) to complete the design and bid documents to replace the Community Center roof. Moe Engineering was hired at that time to assist City staff in managing the Project. The roof has been replaced and the City is to accept the work.

Analysis/Discussion
On May 25, 2021, the City Council awarded the Civic Center Roof Replacement Project to Stronger Building Services. Stronger Building Services has completed the work including punchlist items. Final inspection of the work was completed on July 12, 2022, and the City Engineer has determined the work has been completed in conformance with the construction documents and recommends it for acceptance by the City. Following City acceptance of the work, the City Clerk is to file with the County Clerk the Notice of Completion, and following 35 days of noticing, so long as there have been no liens or stop notices filed against the Project, the City is to release the construction retention.

Financial Considerations

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Resolution 2021-21, adopted by City Council on May 25, 2021, authorized an amount of $689,478 for replacing the roof, windows, and painting the Community Center. $648,478 of this total was allocated to the roof replacement project. Accounting for the roof design, construction, construction management and architectural assistance during construction costs, a total of $569,444 has been spent to complete the Community Center Roof Replacement Project which is 12 percent below the authorized amount.

Environmental Issues
This Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Community Center Re-Roof Project is a minor alteration of an existing structure, therefore, no further environmental review is required.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI 1) ACCEPTING THE IMPROVEMENTS, 2) AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION, AND 3) AUTHORIZING THE RELEASE OF

RETENTION FOR THE COMMUNITY CENTER ROOF REPLACEMENT PROJECT WHEREAS, on May 25, 2021, the City Council awarded the Construction Contract for the Community Center Roof Replacement Project to Stronger Building Services; and WHEREAS, the Notice to Proceed was issued on June 15, 2021, with a start date of June 28, 2021; and
WHEREAS, Stronger Building Services has completed the work specified in the contract documents to the satisfaction of the Public Works Director/City Engineer.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Cotati hereby takes the following actions:

1. Accepts the contract work performed on the Community Center Roof Replacement Project; and

2. Directs the City Clerk to record the attached Notice of Completion for said contract work within 15 days of the date of resolution and provide a copy to the contractor (Cal. Civil Code §9204); and

3. Authorizes the City Manager to release any remaining contract retention to Stronger Building Services thirty-five (35) days after the recordation of the Notice of Completion, provided that no liens or stop notices have been filed against the Project.

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 July 26th, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:

Roof Replacement NOC (PDF)
Packet Pg. 64
After recording, return to:

Kevin Patterson, Deputy City Clerk
City of Cotati
201 W. Sierra Avenue
Cotati, CA 94931-4217

NOTICE OF COMPLETION
(ACCEPTANCE OF IMPROVEMENTS)
NOTICE IS HEREBY GIVEN THAT:

1. The City Council of the City of Cotati has accepted the improvements at the City Council meeting of July 26, 2022 for the Community Center Roof Replacement Project. The nature of the City of Cotati’s interest, as owner of the property and building.

2. The improvements were completed and deemed complete by the Director of Public Works/City Engineer on July 12, 2022.

3. The name of the original contractor for the work of improvement was Stronger Building Services for a total constructed amount, including change order(s) of $391,689.

4. The Contractor has provided the City with a maintenance bond and guaranty in the amount of 10 percent of the construction contract amount ($39,169) for a period of one (1) year from the date of City Council acceptance of the improvements.

5. This Notice of Completion constitutes the City’s acceptance of the improvements for this project.

I am the City Engineer/Public Works Director for the City of Cotati, a Municipal Corporation. I make this verification on behalf of the City of Cotati. I have read the Notice and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated: _________________ ___________________________
Craig A Scott
City Engineer/Public Works Director

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Attachment: Roof Replacement NOC (Acceptance of Community Center Roof Replacement Project) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Agreement for On-Call and Downtown Specific Plan Consulting Date: July 26, 2022
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that the City Council adopt a resolution to authorize the City Manager to execute a contract with 4Leaf Inc. to provide on-call and Downtown Specific Plan Update planning consulting services.

Background
From time-to-time the City of Cotati Community Development Department has the need for oncall planning consulting services to assist with workload management, special projects and California Environmental Quality Act (CEQA) analysis. In addition, the Downtown Specific Plan (DSP) has been identified as having some minor inconsistencies and a lack of parcel specific zoning, both of which are contributing to a lack of certainty for future development projects within the DSP.

Analysis/Discussion
To assist the City with on-call planning needs, and to address the DSP inconsistencies, staff is requesting the City Council approve a contract for contract planning services with 4Leaf Inc.

More details on the potential scope of work and timeframe for completion of the DSP related items are identified in the Exhibit A-Scope of Work, attached to the resolution. The proposed work will require adoption of an ordinance, which will include public engagement and a recommendation from the Planning Commission prior to presentation to the City Council for review and approval.

Financial Considerations
The proposed services are estimated at not to exceed total of $40,000. The services have been budgeted in Fund 219, Account 80188 in the FY 22/23 budget. No appropriations are required.

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Environmental Issues
This action to approve a contract for services is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

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RESOLUTION NO.

RESOLUTION OF THE COUNCIL OF THE CITY OF COTATI APPROVING AN ONCALL AND DOWNTOWN SPECIFIC PLAN UPDATE SCOPE OF SERVICES FROM 4LEAF INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF INC.

WHEREAS, the City desires to employ a consultant to provide services related to the on-call needs of the Community Development Department and to make certain updates and amendments to the Downtown Specific Plan. Said work is to be performed in accordance with the terms and conditions set forth below and as described in the scope of services, attached hereto as Exhibit “A”, in addition to the budget and schedule attached hereto as Exhibit “B” incorporated herein; and
WHEREAS, the City has initially determined that 4Leaf Inc. is qualified by experience and ability to perform the planning related services desired by City, and 4Leaf Inc. is willing to perform such services; and
WHEREAS, 4Leaf Inc. will conduct all the work as described and detailed in this attached Agreement to be provided to the City; and
WHEREAS, the proposed service agreement is proposed to run until approximately January 2023, with a not to exceed amount totaling $40,000; and WHEREAS, City staff has reviewed the scope provided and finds it to be fair, reasonable and likely to meet the City’s requirements and needs of Downtown Specific Plan Update process and related on-call planning work.

NOW THEREFORE BE IT RESOLVED the City Council of the City of Cotati does hereby:

1. Find that the action of contract approval does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required; and

2. Approve the draft Scope of Services identified in the attached Exhibit A, proposed by 4Leaf Inc. and authorizes the City Manage to execute a Professional Services Agreement with 4Leaf Inc. for a total not to exceed amount of $40,000.

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 July 26th, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
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Approved as to form:
____________________________
City Attorney
Attachments:

Exhibit A - Scope of Work (PDF)
Exhibit B - Fee Schedule (PDF)
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Proposed Scope of Work June 29, 2022
Amendments to the 2009 City of Cotati Downtown Specific Plan 1 PROPOSAL TO PROVIDE PLANNING SERVICES

1.0 PROJECT PURPOSE
The City of Cotati Downtown Specific Plan (DSP) Amendments project proposes minor technical changes and additions to the DSP and implementing zoning and design documents to accommodate State Housing Law changes which could result in development of projects which exceed planned land use densities and infrastructure capacity in downtown Cotati.

At the direction of the City Council, the focus of this project is to prepare amendments that would fine tune the DSP land use regulations to ensure the City is both consistent with state housing laws and the City’s vision for downtown as expressed in the adopted DSP.

Specifically, the project would modernize DSP policies and zoning and design implementation to ensure consistent compliance with DSP Goals seeking to enhance and maintain the Cotati Downtown historic character and form while accommodating increased residential density consistent with both the City of Cotati General Plan and State Housing Law.

2.0 SCOPE OF WORK
To accomplish the project purpose and support DSP goals to provide all citizens with a diverse and sustainable balance of housing, commercial, community uses consistent with the designs and densities described in the DSP, project manager Bret McNulty will serve as an adjunct to City staff coordinating to implement the following tasks and schedule:

1. Project Initiation, which will serve to establish project related staff procedures and protocols, information sharing, and communicate expectations regarding Deliverables include project initiation meetings (in person, via zoom), data sharing, ongoing web and print document formats, deliverables, and schedule and task coordination.

2. Prepare the Administrative Draft DSP Amendments, including zoning ordinance and objective design guidelines revisions in coordination with City Staff.

Deliverables encompass electronic document submittals of an Administrative Draft DSP Amendments up to two rounds of review by City staff. New density and floor area calculations will be integrated into the documents.

3. Prepare a Draft Addendum to the Environmental Impact Report for the 2009 Cotati DSP Amendments consistent with the California Environmental Quality Act (CEQA) Guidelines sections 15162 and 151641.
1 This scope of work assumes that an Addendum is the appropriate environmental document for the DSP Amendments project as changes and additions would be necessary to make the previously certified EIR apply to the project and none of the conditions described in CEQA Guidelines section 15162 calling for preparation of a subsequent EIR or an EIR supplement have occurred.

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Attachment: Exhibit A - Scope of Work (4Leaf On-Call + DSP Contract Reso) Proposed Scope of Work June 29, 2022
Amendments to the 2009 City of Cotati Downtown Specific Plan 2 Deliverables include preparation of draft Supplement to the 2009 City of Cotati Downtown Specific Plan Final EIR (FEIR), pursuant to the CEQA Guidelines section, and for review by staff. Assumes that density and floor area ratio revisions will not result in any of the conditions described in CEQA Guidelines section 15162 that would require preparation of a Supplement to an EIR or a Subsequent EIR.

4. Prepare Draft DSP Amendments and CEQA Addendum with City staff comments integrated.

This task assumes up to two rounds of comments by City staff on the Administrative Draft DSP Amendments (including zoning and objective design guidelines), and CEQA Addendum. Electronic submittals will include PDF formats of the documents for web presentation.

5. Staff Reports and Presentations. Prepare staff report(s) and presentation(s), with supporting documentation for each meeting.

Deliverables include preparation of iterative staff reports, PowerPoint presentations, and findings including general plan, zoning, objective design standards, and CEQA findings. This task assumes integration of up to two rounds of City staff comments on each document.

6. Present the Draft DSP Amendments and FEIR Addendum at adoption hearings before decision-makers in coordination with City staff. Prepare Final DSP Amendments.

This scope assumes attendance at two decision-maker hearings including presentations and revisions to address staff comments and revisions to all Final DSP Amendments documents based on public and decision-maker comments.

Attendance at additional meetings would only occur at the City’s request and invoiced on a time and materials basis.

7. Optional tasks not included and available with addition scope of work and budget and prior authorization from City staff.
a. Supplement to an EIR or Subsequent EIR per CEQA
b. Public Outreach and Meeting
c. General Plan and/or Housing Element consistency revisions.

3.0 SCHEDULE
Date Task
July 2022 1.0 Initiation
• Authorization to Proceed
Should the City determine that a subsequent EIR or an EIR supplement shall be prepared pursuant to CEQA Guidelines Section 15162, an additional scope of work and budget for this task would be prepared.

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Attachment: Exhibit A - Scope of Work (4Leaf On-Call + DSP Contract Reso) Proposed Scope of Work June 29, 2022
Amendments to the 2009 City of Cotati Downtown Specific Plan 3 Date Task
• Kickoff Meeting
• Public Outreach - Optional Task
July – September 2022 2.0 Administrative Draft DSP Amendments:
• Administrative Draft:
▪ DSP Amendments
▪ Zoning Ordinance Amendments
▪ Objective Design Guidelines Amendments
October 2022 3.0 CEQA Administrative Draft Addendum
• Administrative Draft Addendum to a FEIR
November 2022 4.0 Draft DSP Amendments and CEQA Addendum (with staff review):
• Draft DSP Amendment
• Draft Zoning and Objective Design Guidelines
• Draft Addendum to an EIR
November - December 2022 5.0 Staff Reports (with staff review):
• Staff Reports
• PowerPoints
• Findings
December 2022 - January
2023

6.0 Public Hearings (2)
• Attendance
• Presentation of project
• Final documents edits

4.0 TASK HOURS
Task Detail Project
Manager Hours

1.0 Initiation and Data Sharing 6

2.0 Administrative Draft Amendments to the DSP,
Zoning Ordinance, and Objective Design Guidelines 54

3.0 Administrative Draft Addendum to a FEIR 18

4.0 Draft DSP, Zoning, and Design Guidelines Amendments Draft Addendum to a FEIR 45

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Attachment: Exhibit A - Scope of Work (4Leaf On-Call + DSP Contract Reso) Proposed Scope of Work June 29, 2022
Amendments to the 2009 City of Cotati Downtown Specific Plan 4 5.0 Staff Report and Presentations 32

6.0 Public Hearings and Final Documents 18
Total Hours 173

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Attachment: Exhibit A - Scope of Work (4Leaf On-Call + DSP Contract Reso) Proposal to Provide Planning Services for the City of Cotati Page 1 Exhibit B: Fee Schedule March 9, 2022

EXHIBIT B
FY2022-2023 FEE SCHEDULE & BASIS OF CHARGES

FOR THE CITY OF COTATI
All Rates are Subject to Basis of Charges
Planning
Principal Planner....................................................................................................................................... $195/hour Senior Planner .......................................................................................................................................... $150/hour Associate Planner ..................................................................................................................................... $125/hour Assistant Planner ..................................................................................................................................... $105/hour Planning Technician ................................................................................................................................. $85/hour

BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• 4LEAF assumes that these rates reflect the FY2022-2023 contract period. 3% escalation for FY2023-2024 and FY2024-2025 is negotiable per market conditions.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1
st 8-hour Sun) 2 x hourly rate
- Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular time rate for each missed meal or rest break due to Clientdirected tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value of services provided.

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Attachment: Exhibit B - Fee Schedule (4Leaf On-Call + DSP Contract Reso) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Approval of a Professional Services Agreement to Design the P-1 Portal, Mercantile, and Aaron Water Main Replacement Project
Date: July 26, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council approve by motion a Professional Services Agreement with Coastland Civic Engineering, LLP to design the P-1 Portal, Mercantile, and Aaron Water Main Replacement Project
Background
The City owns and operates a public water system which is regulated by the State Department of Water Resources. In addition to regular operation and maintenance duties, the City plans for providing adequate existing and future capacity and for the replacement of aging system components including wells, pipelines, valves, fire hydrants, water meters and equipment used to provide drinking water to its customers. The P-1 Pipeline has been identified as a high priority project by the City’s Water System Master Plan and the City has budgeted to design and construct this project in the current fiscal year. Current information on active City Public Works capital projects is available on the City’s website.

Analysis/Discussion
The City’s Water System Master Plan contains a list of high priority water system improvements to address existing and future capacity needs. These capacity needs are determined by fire flow volume and pressure criteria and capacity to serve peak hour flows for existing and future customers. The Master Plan identified the need to upsize the existing 6-inch and 8-inch diameter pipeline in Portal Street, Mercantile Drive, and Aaron Street to a 10-inch pipeline to meet required fire flow.

In April 2022, the City issued a request for qualifications and selected Coastland Civil Engineering, LLP from the sixteen proposals received, based on their being qualified and best suited to perform design services for the P-1 Project (Project). City staff requested and Coastland Civil Engineering, LLP provided a proposal for design services for an amount not to exceed $122,255. City staff negotiated the terms and conditions of the proposed agreement and has determined the resulting agreement to be fair and reasonable. Following the execution of the contract, the design is scheduled to extend late into this year with bidding anticipated for early

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2023.

Financial Considerations
The total amount allocated for the Project budget in the City’s adopted Fiscal Year 2022/23 budget for design through construction is $608,900, which is based on a planning level estimate of the anticipated costs. This amount was accounted for in the recently completed Water and Sewer Financial Plan which informed the City’s adopted Five-Year Rate Program.

Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

Attachments:

P-1 Water Main Replacement Design Proposal (PDF)

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Santa Rosa Auburn Pleasant Hill Fairfield
1400 Neotomas Avenue 11641 Blocker Drive, Ste. 170 3478 Buskirk Avenue, Ste. 1000 324 Campus Lane, Ste. A Santa Rosa, CA 95405 Auburn, CA 95603 Pleasant Hill, CA 94523 Fairfield, CA 94534 Tel: 707.571.8005 Tel: 530.888.9929 Tel: 925.233.5333 Tel: 707.702.1961

www.coastlandcivil.com
July 13, 2022
Mr. Craig Scott
Public Works/City Engineer
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
VIA EMAL: [email protected]
Subject: Proposal for P-1: Portal, Mercantile, and Aaron Main Replacement Project Dear Craig,
In response to your request, we are pleased to present this letter proposal for professional engineering design services associated with the City of Cotati’s P-1 Main Replacement Project.

PROJECT UNDERSTANDING
The City desires to replace aging water infrastructure in Portal Street from the cul-de-sac to Mercantile Drive, Mercantile Drive, and Aaron Street from Mercantile Drive to Houser Street. The project is identified in the City’s Water Distribution System Master Plan to provide adequate fire flow in the area. The work consists of replacing approximately 2,100 lineal feet of existing undersized 6-inch and 8-inch water main.

The new water main will be 10-inch PVC per current City Standards. Existing water service laterals and fire service laterals will be moved to the new main. Replacement of existing meters and backflow devices is not included in the project scope. Fire hydrants within the project limits will be replaced.

The project is funded through the Enterprise – Water Capital funds. The City budget is $609,000 for design, construction, contingency, construction management, and City staff time.

Traffic striping, markings, and signage will be replaced where impacted by construction in accordance with the City Standards. The new water line alignment will also be required to meet the water main separation requirements of the California Department of Public Health Drinking Water Regulations. If the separation requirements cannot be met due to site constraints, proposed separation details will be submitted to the North Coast Regional Water Quality Control Board. The required Board form and details will require City sign off and must be approved prior to advertising the project for bidding.

It is also understood the City would like to include a fill station to dispense and sell bulk water in lieu of providing hydrant meters to contractors. We will work with the City to select a fills station manufacturer and model that best suites the City’s requirements. After the fill station is selected, we will evaluate the feasibility of installing a new fill station within the project limits. The new fill station will need to be placed within the City’s right-of-way and be accessible to users.

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Attachment: P-1 Water Main Replacement Design Proposal (P-1 Water Line Design) July 13, 2022
Mr. Craig Scott
As the project involves replacement of existing public water mains and appurtenances it should be considered as Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA).

PROJECT APPROACH
We will begin the project by evaluating project needs and reviewing available background information. Our team will coordinate closely with City staff and other stakeholders as appropriate to gain a comprehensive assessment of the project needs. Based on our local experience and knowledge of the project area, we understand many of the challenges and opportunities presented in this project. We will apply our skills and experience to provide innovative and creative solutions to project challenges.

We will assist City staff throughout the project to keep project stakeholders informed. We will prepare exhibits and provide the City with project status updates for keeping project stakeholders apprised during design and construction. We will also include requirements in the project specifications that the Contractor provide notice and coordinate transferring of water services to the new water line with residents in the project area.

To maintain a high level of quality and completeness, our team will devote themselves to managing their time wisely, developing innovative solutions, and maintaining clear and consistent communication with the City. During the initial phase, we will work closely with City staff to evaluate any non-standard design conditions, potential utility conflicts and other key issues that may affect the design of the project. Our construction management team will review the project plans to ensure constructability, as well as look for opportunities to save money by using alternate construction methods.

SCOPE OF SERVICES
Task 1 – Project Management and Coordination

1.1 Project Management
Throughout the project, we will provide project management with the project stakeholders. Our team will work closely with the City during the design phase, putting the project out to bid, and during its successful completion of construction. A project design schedule will be prepared using Microsoft Project scheduling software. The project schedule will be updated at project milestones and provided to the City frequently.

We propose to meet with City staff to discuss project details, establish goals, review the project schedule and coordinate efforts. Included are the project kick-off meeting and three (3) design review meetings at 70%, 90% submittals and final (100%) submittal.

It is assumed that the project will be considered exempt from CEQA requirements. During the project design we will work with City staff about potential permitting needs if changes to the project scope occur.

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Attachment: P-1 Water Main Replacement Design Proposal (P-1 Water Line Design) July 13, 2022
Mr. Craig Scott

1.2 Background Information
We will assemble the available City information pertaining to the project including as-built drawings, benchmark information, utility information, base maps, right-of-way data and additional pertinent information for the project.

We have already performed a field visit and taken digital photos of the site. We will complete this preliminary initial field walk with another visit to identify any unusual or special conditions that may affect the project design or construction.

We will work with outside utility companies to ensure that existing facilities, both underground and overhead, are identified accurately during the design phase. This task will include writing letters to PG&E, AT&T and Comcast informing them of the project and requesting their facility drawings. Under this task we will prepare submittal packages to each of the utility companies so they can verify the accuracy of their facilities and the need for relocation. We will also coordinate with the City regarding existing water, sewer and storm drain facilities.

1.3 Regional Water Quality Control Board Separation Waiver Requests If necessary, we will obtain a waiver of water and sewer main separation standards from the State of California Department of Public Health from the North Coast Water Quality Control Board. We will prepare the required forms for City sign off and submit to the Board. Additional protective measures will be added to the construction documents as required to satisfy the waiver requests. For the purposes of this proposal, we have assumed eight (8) waiver requests may be required.

Task 2 – Topographic Survey
Our subconsultant, Cinquini and Passarino, Inc. (CPI), will conduct the topographic survey of the project.

The work will include performing a ground topographic survey and prepare a map at 1” =20’ scale with a one-foot contour interval. Survey limits will be from back of sidewalk to back of sidewalk, include the street intersections at the ends of the project, and extend 25 feet along the adjoining streets.

Topographic survey will include all necessary work to produce a topographic map, including features such as, but not limited to; building corners and elevations, curb lines, water meters, sewer cleanouts, valves and manholes (including rim, invert and pipe information), utility markings on the pavement, utility poles, driveway locations, sidewalks, trees four (4) inches and larger, retaining walls or decorative walls, and other pertinent information that could apply to the project design. Topographic survey will be provided on North American Vertical Datum of 1988 and horizontally relate California Coordinate System of 1983, Epoch 2017.50.

Existing centerline monuments along the project corridor which control the right-of-way will be located and the record right-of-way will be shown on the topographic survey. This proposal assumes that there will not be any material discrepancies as defined by Section 8762, of the Professional Land Surveyor’s Act, Business and Professions Code, State of California and that a Record of Survey will not be required. If a material discrepancy is found, the City will be notified and a proposal of additional services for a right-ofway resolution and Record of Survey will be provided.

Task 3 – 70% Submittal
Following the completion of the topographic survey, field review, compiling background information, and utility coordination we will develop preliminary design documents. We will prepare a 70% design level PS&E

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Attachment: P-1 Water Main Replacement Design Proposal (P-1 Water Line Design) July 13, 2022
Mr. Craig Scott
submittal package which will include plans, preliminary technical specifications, and a preliminary engineer’s estimate of probable construction cost. The plans will include water main and hydrant improvements as well as trench paving and traffic striping.

Task 4 – 90% Submittal
Following the City’s review of the 70% submittal, we will prepare the 90% PS&E submittal. The submittal will address City comments on the 50% submittal and will essentially be a complete design submittal. The plans will include the proposed plan view alignment and profile of the water main. The specifications will include the City’s standard front-end specifications, provided by the City.

Task 5 – Final Submittal
Following the City’s review, we will address comments on the 90% submittal and provide the City with electronic copies of final drawings, final estimate/itemized bid sheet, and electronic technical specifications for a review to verify all comments have been addressed. Following the City’s final review, we will prepare final bid documents. The final approved drawings in electronic AutoCAD format, and all related files in MS Word, MS Excel, and PDF formats as appropriate.

Task 6 – Bid Support
During the bidding process, we will provide bid assistance to the City to answer questions that may arise during the bidding phase. This will include assisting the City in preparing up to two (2) addenda that may be necessary. If requested, we will also attend a pre-bid conference for prospective bidders.

Please note that the time associated with this task does not include any time necessary for bid protests. If a bid protest is issued by any of the bidders, we can provide this as an additional service on a time and materials basis, as the time to process the protest is unknown.

Task 7 – Design Assistance During Construction
After the project is awarded to the selected contractor, we will attend the pre-construction meeting with City staff and the contractor’s representatives. During construction, we will provide design support services, which includes assisting the City with answering up to ten (10) Request for Information (RFI’s) and up to twenty (20) submittals from the contractor and up to two (2) site visits. We understand and appreciate the importance of construction support. We will also prepare up to two (2) Contract Change Orders, if required.

Our intention is to be an extension of City staff. Please note that our effort for this task is only an estimate.

If significant input is requested during construction, we will notify the City and provide a modified scope and fee for the City’s consideration.

Task 8 – Record Drawings
Upon the completion of construction and final punch list approval, we will prepare record drawings based on red-line “as-builts” provided by the contractor. Record drawings will be submitted to the City in electronic format (AutoCAD and PDF).

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Attachment: P-1 Water Main Replacement Design Proposal (P-1 Water Line Design) July 13, 2022
Mr. Craig Scott

OPTIONAL TASKS
The following work is not included in our proposal. However, we would be pleased to provide these services if the City desires.
 Geotechnical investigations.
 Record of Survey preparation and recording.
 Permitting fees.
 Potholing of utility locations, associated survey or coordination.  Public participation efforts.
 Meetings beyond those noted above.
 Construction staking to be provided by contractor.

PROJECT SCHEDULE
The City would like to advertise the project for bidding in late 2022 or early 2023 with construction completion by June 2023. Assuming we are given notice to proceed by late July, we are confident we can complete the bid documents by mid-December 2022.

PROJECT FEE
Based on our scope of work, we are proposing that the design services associated with this project be completed for a not-to-exceed amount of $122,255 (see attached Work Estimate). The amount quoted is assuming that all of the work for this project will fall under the scope of work as previously described. If additional work is necessary that falls outside of this scope of work, we can either re-negotiate a new scope of work or provide these services on a time and materials basis per our adopted schedule of hourly rates.

Please also note that in the not-to-exceed amount, we have included an estimated amount of $700 for reimbursable expenses (i.e. printing, plotting, mileage, final mylars, copies and binding). These reimbursable costs will be billed at cost plus 15%.

Sincerely,
Heidi Utterback, PE Steve Van Saun, PE
Supervising Engineer, Principal Supervising Engineer

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Attachment: P-1 Water Main Replacement Design Proposal (P-1 Water Line Design) $215 $195 $185 $160 $160 $185 $100
1 Project Management and Coordination

1.1 Project Management 40 40 $7,800

1.2 Background Information 4 6 2 12 $2,210

1.3 RWQCB Separation Waiver Requests 2 8 10 $1,870
Subtotal 62 $11,880
2 Topographic Survey
Topographic Survey & ROW Determination 2 4 $16,100 6 $17,130 Subtotal 6 $17,130
3 70% Submittal
Plans 24 40 60 2 126 $21,880
Specifications 4 24 28 $5,220
Cost Estimate 2 6 8 16 $2,780
Subtotal 170 $29,880
4 90% Submittal
Plans 16 32 40 88 $15,440
Specifications 2 12 14 $2,610
Cost Estimate 2 4 8 14 $2,410
QA/QC Review 4 4 8 $1,600
Subtotal 124 $22,060
5 Final Submittal
Plans 8 24 32 64 $11,120
Specifications 2 6 8 $1,500
Cost Estimate 1 2 4 7 $1,205
QA/QC Review 4 4 8 $1,600
Subtotal 87 $15,425
6 Bid Support
Bidding Assistance 2 8 2 12 $2,360
Addenda (2) 2 8 2 8 20 $3,640
Pre-bid conference 4 4 $780
Subtotal 36 $6,780
7 Design Assistance During Construction
Pre-Construction Meeting 4 4 $780
RFI's (10) 8 10 18 $3,410
Submittal Review (20) 6 16 22 $4,130
Site Visits (2) 8 8 16 $3,040
Contract Change Orders (2) 2 4 8 2 2 18 $3,060
Subtotal 78 $14,420
8 Record Drawings
Prepare Record Drawings 4 20 24 $3,980
Subtotal 24 $3,980
Direct Costs (repro, mileage, etc.) $700
Total Cost 14 163 202 8 186 10 4 16,100 $ 587 $122,255
Engineering Design Services
Sub Cost
City of Cotati

WORK ESTIMATE

TASK TOTAL FEE TOTAL
HOURS
Construction
Manager
Task Information
Principal
Engineer
P-1: Portal, Mercantile, and
Aaron Main Replacement
Assistant
Engineer
Senior
Engineer
Hours & Cost
Admin Supervising
Engineer Cinquini &
Passarino, Inc
Senior Eng.

Technician

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Attachment: P-1 Water Main Replacement Design Proposal (P-1 Water Line Design) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: General Engineering Services Agreement with Moe Engineering, Inc. for providing general engineering support services
Date: July 26, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council by motion approve a Professional Services Agreement with Moe Engineering, Inc. for General Engineering Services and authorize the City Manager to Execute said amendment.

Background
The City uses engineering consultants to assist the Public Works Department with services on an as needed basis to augment City staff. Use of consultants is a common practice for small cities as workloads fluctuate and consultants help with both expertise and resource leveling. It is especially appropriate now as the Engineering group consists of one staff person (the Public Works Director/City Engineer) as the City endeavors to fill the vacant Civil Engineer and Engineering Technician positions.

Analysis/Discussion
The Public Works Department’s Engineering Division regularly uses contract services to augment staff. These services are used for updating or maintaining engineering standards, updating permit processes, consultation on real property/surveying tasks including certificates of correction and providing development review. With the vacancy of the Engineering Technician and Civil Engineering positions, additional assistance is needed with ongoing Engineering Division workload including processing encroachment permits, processing conservation rebates, assistance with Capital project management, records management, and responding to customer calls.

Financial Considerations
The City’s adopted Fiscal Year 2021-22 Budget includes $20,000 for On-Call General Engineering Services. With the recent Civil Engineer vacancy, additional contract services are needed with an estimated amount of $32,500. These charges are to be funded with an operating

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budgetary reclassification of funds within the General Fund Engineering Department (101-18).

This reclassification of funding will reduce budget assigned for vacant staffing within salaries and benefits to professional contract services. No new or additional appropriations of funds are deemed necessary at this time. This amount does not include development review charges which are paid for through direct cost recovery either through deposit accounts or itemized charges received upon issuance of building permits.

Attachments:

Proposal - Moe Engineering - General Engineering Services - August 2022 (PDF)

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R.C.E. 48460
2950 Montecito Avenue
Santa Rosa, CA 95404
(707) 544 - 6274 FAX (707) 544 - 9086
July 8, 2022
City of Cotati
Attn: Craig Scott, Director of Public Works/City Engineer 201 West Sierra Avenue
Cotati, CA 94931
Subject: Professional Services Agreement
Moe Engineering Inc. - General Engineering Services
City of Cotati
Dear Craig:

Moe Engineering, Inc. respectfully submits this proposal for providing general engineering services to the City of Cotati. Moe Engineering proposes to provide general engineering support to the Public Works Department on an “as-needed” basis. These services have been provided by our firm to the City over the past years and the City desires to extend these services under a new agreement for this fiscal year 2022-2023. These general engineering services will be performed pursuant to a Professional Services Agreement with the City of Cotati.

We propose to provide the following services for a Not-to-Exceed amount as follows:

1. $20,000.00 - On-call General Engineering services, updating and revising the City Engineering Standards, update utility mapping, update permit processes, provide support to other City Departments and other tasks as requested by the City Engineer.

2. $32,500 - Encroachment Permit coordination/On-site staff augmentation services, which provides 2 hours per day, 2 days per week at the City of Cotati offices, billed at an Assistant Engineer rate.

3. Development Review General Engineering services, which is cost recoverable by the City (pass-through) and therefore is not included in the city budget but reimbursed by developers/applicants.

Billing is monthly, or as a specific scope of work is complete, and based on the attached Fee Schedule.

The full amount is due 30 days from the date of the invoice.

Thank you for the continued opportunity to provide engineering services to the City of Cotati. We look forward to providing these services to the City of Cotati in fiscal year 2022-2023.

Sincerely,
John L. Moe, PE, President, Moe Engineering, Inc.

Attachment: Moe Engineering Fee Schedule - 2022

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Attachment: Proposal - Moe Engineering - General Engineering Services - August 2022 (2023 General Engineering Services Agreement)

FEE SCHEDULE
Effective 2022
=============================================================== Principal $232.00/hour
Senior Engineer $203.00/hour
Land Surveyor $203.00/hour
Associate Engineer/Inspector $175.00/hour
Assistant Engineer $156.00/hour
Engineering/Survey Technician $145.00/hour
Drafting Technician $127.00/hour
Administrative Support $ 87.00/hour
Field Survey Crew (2-person) $348.00/hour
All charges and fees including subconsultant fees, cost of prints, copies, travel, telephone toll charges and other non-labor related expenses paid by this firm to others on behalf of the client shall be billed at the cost of the charge or fee plus 15% handling and accounting fee. All invoices are due within 30 days of the date of the invoice.

Annual rate escalation will be calculated at 3% on a calendar-year basis.

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Attachment: Proposal - Moe Engineering - General Engineering Services - August 2022 (2023 General Engineering Services Agreement) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Adoption of a resolution to continue conducting Council, Commission, and Committee meetings remotely due to health and safety concerns for the public Date: July 26, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
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)
Background
When the COVID-19 pandemic started, local agencies struggled to conduct their public meetings in compliance with the Brown Act’s public accessibility requirements while still abiding by stayat-home orders. As a result, Governor Newsom signed Orders N-25-20, N-29-20, and N-35-20 to grant local agencies the flexibility to meet remotely during the COVID-19 pandemic. These orders expired on September 30, 2021.

On September 16, 2021, Governor Newsom signed into law AB 361 – Brown Act: Remote Meetings During Emergencies. AB 361 went into effect immediately upon signature by the governor. It amends the Brown Act to allow local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology under specified conditions.

There are key differences between the Executive Orders, which expired September 30, 2021, and AB 361. AB 361 imposes requirements with respect to public comment, however, the City of Cotati currently satisfies legal requirements with respect to live public comment via Zoom in alignment with AB 361. Additionally, public agencies must either make findings by majority vote that the state of emergency still exists and continues to directly impact the ability of the members to meet safely in person, or that health officials continue to impose or recommend

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measures to promote social distancing. These conditions continue to exist. Determinations by the local agency that the emergency impacts the ability to meet safely in person must be revisited every 30 days.

Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. In addition, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing to protect the public’s health and safety during local government meetings.

Continuing the remote meetings would provide for a consistent meeting format until the pandemic emergency is lifted.

Analysis/Discussion
AB 361 amends Government Code Section 54953 to provide an alternative to having the public access the locations where City Councilmembers are teleconferencing in from. To have teleconference public meetings, without providing access to City Councilmember’s private residences, the City Council must pass a resolution stating that they have reconsidered the circumstances of the COVID-19 state of emergency and that any of the following circumstances exist:

1. The state of emergency as a result of COVID-19 continues to directly impact the ability of the members of City Council and the members of the City’s Commissions, and Committees to meet safely in person; and

2. State or local officials continue to impose or recommend measures to promote social distancing.

This Resolution makes the findings to confirm the current conditions to allow teleconference meetings pursuant to AB 361 for the City Council and on behalf of all of the commissions and committees created by the City Council pursuant to Government Code section 54952(b). The Resolution authorizes teleconference meetings including hybrid meetings held both via teleconference and in-person. This Resolution will allow members of the public to safely observe and participate in local government teleconference meetings during the continued pandemic.

AB 361 requires City Council to make these findings every 30 days to continue teleconference hearings. If adopted, staff will agendize this item once a month until the state of emergency is

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over, or City Council no longer believes teleconference meetings are necessary.

If the Resolution is not adopted, the City will be required to hold public meetings in-person or conduct teleconference meetings pursuant to subsection 54953(b)(3) of the California Government Code which will require posting of the agenda at each teleconference location and for the public to be admitted to each teleconference location.

Financial Considerations
There are no direct financial impacts from enactment of the proposed resolution.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS DURING A DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE 54953 (AB 361) WHEREAS, the City Council of the City of Cotati is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the City Council and its other legislative bodies created pursuant to Government Code section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, the Governor signed Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings by teleconference or by other means; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 which ended the provisions of Executive Order N-29-20 on September 30, 2021; and WHEREAS, on September 16, 2021, the Governor signed AB 361 (2021) into law allowing legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including the requirement that the legislative body make specified findings. AB 361 (2021) took effect on October 1, 2021; and WHEREAS, AB 361 requires that, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, the legislative body shall make findings that it reconsidered the circumstances of the state of emergency and that either the state of emergency continues to directly impact the ability of the members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, State and local health officials have imposed and recommended social distancing measures for the protection of public health and safety in response to COVID-19; and
WHEREAS, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and Packet Pg. 90
WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including its variants; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cotati that:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies.

Based on the California Governor’s continued declaration of a State of Emergency and the Sonoma County Public Health Officer’s recommendation to continue teleconferencing or social distancing during public meetings, the City Council finds that the conditions continue to exist pursuant to Government Code sections 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

Section 3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.

Section 4. Effective Date. This Resolution shall take effect immediately and shall be in effect for a period of 30 days from the date of adoption. The City Council may reconsider the circumstances necessitating this resolution within 30 days of the adoption of this 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 July 26th, 2022, by the following vote, to wit:

Approved:________________________________
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Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Public Hearing Regarding an Ordinance to Approve a Military Equipment Use Policy
Date: July 26, 2022
Written by: Michael Parish, Police Chief
Recommendation
It is recommended that the City Council open a public hearing to discuss an Ordinance Adopting a Military Equipment Use Policy in accordance with AB 481 and continue the item for introduction on August 23, 2022. No action will be taken.

Background
Assembly Bill 481 (AB 481), codified in Government Code Sections 7070 through 7075 requires each law enforcement agency (LEA) to obtain approval from their governing body, via adoption of a military equipment use policy by ordinance, prior to that LEA funding, acquiring, or using military equipment. AB 481 requires each law enforcement agency to begin the process of obtaining such approval, otherwise, the LEA can no longer use the existing equipment. Once a policy is adopted, a LEA cannot procure military equipment that is not in the authorized policy, without first revising the policy, which is done by ordinance following a public hearing. A draft Military Equipment Use Policy was available publicly on the City of Cotati website, police department policy page, on June 20, 2022.

The term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military. Pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices and flashbangs. The Cotati Police Department (CPD) uses the following equipment that is classified as “miliary equipment” under AB 481:
• Shotguns with bean bag rounds
• Sonoma County Operational Area Command Vehicle (Dodge Cargo Van)

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Shotguns with bean bag rounds
CPD is committed to using the most up to date tools and equipment to safeguard the citizens of Cotati. The above item deemed to be “military equipment” by AB 481 is utilized by CPD, and other LEAs across the country, specifically to reduce risk to community members. This less-lethal force option is the only means currently available to our officers to attempt to resolve encounters with a potentially violent person or person with a weapon from the distance of up to 75 (seventy-five) feet. This item provides police officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. The shotguns used to deploy bean bag rounds by CPD have bright orange forestocks and buttstocks indicating to allied agencies that it is a less-lethal shotgun. CPD does not deploy regular shotguns (we have rifles) so there cannot be confusion between lethal vs less-lethal rounds.

To that end, the items at issue in this report, and accompanying Military Equipment Use Policy, also provide CPD officers with vital tools that facilitate compliance with its stringent use of force policy.

Sonoma County Operational Area Command Vehicle
As defined by AB 481, command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units are considered Military Equipment. On behalf of the Sonoma County Operational Area (all cities and the county, within Sonoma County), CPD hosts and operates a 2007 Dodge Command Cargo Van, which was procured through the State Homeland Security Grant Program (SHSGP) in 2006. This van is designated as a Sonoma County Operational Area Command Vehicle. This vehicle is made available for law enforcement purposes to support response (command and control) to active law enforcement deployment including but not limited to planned events, criminal investigations, natural disasters and active threats.

The Command Vehicle currently has one thousand six hundred (1,624) operational miles on the odometer. There are no current plans to replace the Command Vehicle.

Analysis/Discussion
CPD seeks approval of a military equipment use policy so that it can continue to make use of the following equipment:
• Shotguns with bean bag rounds
• Sonoma County Operational Area Command Vehicle (Dodge Cargo Van)

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There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified above are vital to the CPD mission and will continue to be strictly regulated through internal processes and oversight.

The proposed ordinance would approve the CPD Policy 709, “Military Equipment.” Policy 709 outlines each piece of the above military equipment that is currently owned by the City.

The policy also includes the current authorized uses and cost of each item. These particular items, and their stated authorized uses, have been in place prior to the enactment of AB 481.

Any future acquisitions of any item deemed to be “military equipment” will require a further public meeting, policy update, and Council approval.

Policy 709 ensures that there are safeguards, including transparency, oversight, and accountability measures in place. CPD will create an annual military equipment report, which is expected to be provided in conjunction with the Police Chief’s Annual Report to the Community.

Violations of Policy 709 will be corrected when discovered, in accordance with existing Department policy. All items which are involved in a use of force event will be reviewed, as is already required by existing CPD policy. CPD has not discovered alternative items that can achieve the same objectives of officer and civilian safety.

Financial Considerations
Compliance with Policy 709 will require additional staff time, including the duties defined by the Military Equipment Coordinator, and additional administrative time creating the annual Military Equipment Report. The staff time required is unknown at this time, but is expected to be up to 80 person hours per year.

Environmental Issues
The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

Attachments:

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Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (PDF)

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7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 1/5 SHARE THIS: Date Published: 10/01/2021 09:00 PM
AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. (2021-20 Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment.
[ Approved by Governor September 30, 2021. Filed with Secretary of State September 30, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment: funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency’s internet website, and provide a copy of the policy to the Governor or the Governor’s designee, as specified. The bill would also require a state agency that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

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Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military 7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public’s safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials, as well as a right to participate in any government agency’s decision to fund, acquire, or use such equipment. (c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input. (d) Legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used. (e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:

CHAPTER 12.8. Funding, Acquisition, and Use of Military Equipment 7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision. (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. (4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
(6) Weaponized aircraft, vessels, or vehicles of any kind.

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Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military 7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

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Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military 7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment.

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Packet Pg. 100 Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military 7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of military equipment further exposes that activity to public scrutiny and enhances public access to information concerning the conduct of the people’s business.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.

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Packet Pg. 101 Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

A POLICY FOR ACQUISITION AND USE OF MILITARY EQUIPMENT, IN ACCORDANCE WITH AB 481
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Cotati Police Department Policy 706 “Military Equipment” (Exhibit A) was published on the Cotati Police Department internet website at least 30 days prior to public hearing in accordance with requirements of Government Code section 7071; and WHEREAS, a draft of the Cotati Police Department Policy 706 “Military Equipment” (Exhibit A) was presented to the City Council at a public hearing on July 26, 2022; and WHEREAS, the Cotati Police Department Policy 706 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, the military equipment identified in the Cotati Police Department Policy 706 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and WHEREAS, The Cotati Police Department Policy 706 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS, the military equipment identified in Cotati Police Department Policy 706 “Military Equipment” is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and Packet Pg. 102
WHEREAS, no prior military use policy has existed in the City of Cotati that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance;

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The above recitals are adopted as findings of the City Council in enacting this ordinance.

SECTION 2. Adoption of Policy. The Cotati Police Department Policy 706 “Military Equipment” (Exhibit A) is hereby approved and adopted.

SECTION 3. Reporting and Publication of Policy. In accordance with Government Code section 7071, the Chief of Police shall cause the Cotati Police Department Policy 706 “Military Equipment” to be made publicly available on the Department’s internet website for as long as military equipment is available for use. The Police Department is directed to make available the reports and conduct the required community engagement meeting required by Government Code section 7072 on an annual basis.

SECTION 4. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption.

SECTION 5. Publication of Ordinance. The City Clerk is directed to cause this ordinance to be published in the manner required by law.

SECTION 6. Environmental Review. The City Council finds the approval of this ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

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Packet Pg. 105 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Cotati Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Cotati Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
(a) Less Lethal Shotgun: Less Lethal Shotguns are used to deploy the less lethal 12- gauge Defense Technology Drag Stabilized Bean Bag Round. (a) Description, quantity, capabilities and purchase cost (a) REMINGTON MODEL 870 LESS LETHAL SHOTGUN, cost: $750, quantity: 4. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-guage Defense Technology Bean Bag Round up to a maximum effective distance of 75 feet. The range of the weapon system helps maintain the distance between the officers and a suspect reducing the immediacy of the threat, which is a principle of deescalation.

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Packet Pg. 106 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 3 (b) 12-GAUGE DEFENSE TECHNOLOGY DRAG STABILIZED BEAN BAG ROUND, cost $7, quantity 150. The 12-gauge Defense Technology Drag Stabilized Bean Bag Round is a translucent 12-Guage shell loaded with a 40- Gram tear shaped bag made from cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as a propellant. This round has a velocity of 270 feet per second (FPS) and a maximum effective range of 75 feet. This round proves most effective within the range of 20 to 50 feet. Accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator.

This round is very accurate, however effectiveness depends on many variables, such as distance, clothing, stature, and the point of impact. (a) Self-destructive, dangerous and/or combative individuals. (b) Riot/crowd control and civil unrest incidents
(c) Circumstances where a tactical advantage can be obtained (d) Potentially vicious animals
(e) Training exercises
(b) Lifespan
(a) Remington 870 Less Lethal Shotgun: 35 years
(b) 12-gauge Defense Technology Drag Stabilized Bean Bag Round: 5 year warranty, but no listed expiration date
(c) Fiscal Impact – Annual Maintenance is approximately $50 per shotgun. (d) Training – Sworn Members of the Cotati Police Department utilizing the 12- Gauge Less Lethal Shotgun and munitions shall be trained in the use of such items by POST Certified Instructors.
(e) Legal and Procedural Rules – Use of the Less Lethal Shotguns and munitions is subject to the Policy 312 (Firearms), Policy 308.8 (Kinetic Energy Projectile Guidelines) and Policy 300 (De-escalation and Use of Force). It is the policy of the Cotati Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force.
(b) Command and Control Vehicles:
(a) Description, quantity, capabilities, and purchase cost (a) 2007 DODGE COMMAND CARGO VAN, cost: $76,208.04 obtained through a State Homeland Security Grant Program, quantity: 1. This van is an upfitted emergency response vehicle equipped with emergency lights and a siren. This van is available for other cities in Sonoma County as a designated Sonoma County Operational Area Command Vehicle. (b) Authorized Use - Situations for use of less lethal weapons systems may include, but are not limited to:

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Packet Pg. 107 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 4 (b) Purpose – This vehicle is to be made available for law enforcement purposes in order to support law enforcement response (Command and Control Center) at an incident.
(c) Authorized Use – Situations for use of this vehicle may include, but are not limited to:
(a) Planned Events
(b) Criminal Investigations
(c) Natural Disasters
(d) Active Threats
(d) Training – The Cotati Police Department has a trained member responsible for ensuring the van and all of the equipment inside are operational. There are no additional certifications or driver's license endorsements needed to drive the van.
(e) Lifespan – The van currently has 1,624 operational miles on the odometer and there are no current plans to replace the van.
(f) Fiscal Impact- – Annual Cost of less than $1,000.00 annually to include fuel and maintenance costs.
(g) Legal and Procedural Rules- – Use of the van is subject to the requirements of Policy 704 (Vehicle Maintenance) and Policy 706 (Vehicle Use) 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.

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Packet Pg. 108 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/06/17, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 5 (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Packet Pg. 109 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Award of the Construction Contract for the 2021 Pavement Preservation Project Date: July 26, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended City Council adopt a resolution awarding the 2023 Pavement Preservation Project (Project) to Pavement Coatings Co. and authorizing the City Manager to execute the construction contract for the Project, the Construction Management and Inspection Agreement and any needed change orders and amendments up to the approved project budget.

Background
The City’s Annual and Multi-Year Capital Plan includes a list of street paving projects. The paving projects are based on the Pavement Management Program (PMP), updated every 2 years, which generally guides the identification and prioritization of street pavement projects. The PMP provides strategies to prioritize the annual roadway projects based on their condition and treatment costs.

Pavement maintenance projects are significantly funded by, and made possible by, Measure G/S, the City’s local revenue measure; and City Council continues to prioritize street repair and maintenance and the overall street condition, as measured by the Pavement Condition Index, has increased significantly (trend of PCI over past several years is shown on the attached chart). The City has completed $5.7 million of roadway rehabilitation in the last two years and has made significant progress in improving the condition of its roadways. Additionally, the City Council continued to make significant planned investments to reconstruct roads for FY 22/23, including $3.2M for Quick Strike (La Plaza and West Sierra Avenue), and reconstruction of various roads around town, currently in design, budgeted at $3.2M.

While the City continues to reconstruct streets in poor condition, projects like this are intended to keep other streets in good condition to avoid the need for costly reconstruction. In addition to this street paving project, the City has plans to reconstruct W Sierra Avenue and reconstruct 2 miles of the City in the Spring of 2023. Up to date budget and schedule information on these and other active City Public Works construction projects are available on the City’s website.

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Analysis/Discussion
The 2023 Pavement Preservation Project (Project) is included in the City’s current Annual Capital Plan adopted by City Council on June 28, 2022. The Project extents are shown on the attached figure, and consist of pavement maintenance on approximately 5.4 miles of roadway.

On February 8, 2022, City Council approved the design agreement for the Project. Bid documents were finalized and the Project was advertised for bidding. On July 14, 2022, three bids were received, with the low bid provided by Pavement Coatings Co. for an amount of $703,543.70 which is 12 percent under the engineer’s cost estimate. The bid summary is attached. The low bid was evaluated and was determined to be a responsive bid.

In April 21, 2022, the City issued a request for qualifications and selected 4Leaf, Inc. from the sixteen proposals received, based on their being qualified and best suited to perform Construction Management services for this Project. City staff requested and 4Leaf, Inc. provided a proposal for Construction Management and Inspection services for and amount not to exceed $96,348. City staff negotiated the terms and conditions of the proposed agreement and has determined the resulting agreement to be fair and reasonable.

Financial Considerations
Accounting for the construction contract, Construction Management professional services and change orders, amendments, and a 15 percent contingency, the total anticipated project budget is $920,000. The total amount allocated for the Project budget in the City’s adopted Fiscal Year 2022/23 budget is $1,085,000. Staff recommends adjusting the Project budget to the lower number for the remainder unused funds to be returned to the unappropriated General Fund balance.

Environmental Issues
The Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.

Attachments:

Project Bid Tabs (PDF)
City of Cotati PCI (PDF)

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BID TABULATION SUMMARY SHEET
City of Cotati 2023 Pavement Preservation Project
Bid Opening Date: 7/14/22
Opinion of Probable Construction Cost = $796,294
Bidder #1 Bidder #2 Bidder #3
VSS International Pavement Coatings Co. Sierra Nevada Construction Median Average Item # Estimated
Quantity Units Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Unit Price Cost Base Bid

1. Mobilization $1.00 LS $41,054.30 $41,054.30 $32,000.00 $32,000.00 $100,000.00 $100,000.00 $41,054.30 $41,054.30 $57,684.77 $57,684.77

2. Traffic Control & Construction Area Signs $1.00 LS $87,660.00 $87,660.00 $64,000.00 $64,000.00 $139,754.00 $139,754.00 $87,660.00 $87,660.00 $97,138.00 $97,138.00

3. Water Pollution Control Program $1.00 LS $7,400.00 $7,400.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $3,300.00 $3,300.00

4. Remove Yellow Traffic Stripe and Pavement Marking and Implement Lead Compliance Plan $1.00 LS $9,180.00 $9,180.00 $19,800.00 $19,800.00 $37,000.00 $37,000.00 $19,800.00 $19,800.00 $21,993.33 $21,993.33

5. Hot Mix Asphalt (HMA) Base Repair - 4" Depth $23,190.00 SF $12.15 $281,758.50 $12.50 $289,875.00 $16.50 $382,635.00 $12.50 $289,875.00 $13.72 $318,089.50

6. Polymer Modified Slurry Seal $62,930.00 SY $4.00 $251,720.00 $2.88 $181,238.40 $2.80 $176,204.00 $2.88 $181,238.40 $3.23 $203,054.13

7. Crack Seal $15,400.00 LF $2.44 $37,576.00 $2.50 $38,500.00 $2.50 $38,500.00 $2.50 $38,500.00 $2.48 $38,192.00

8. Install Pavement Marking White (Thermoplastic) $860.00 SF $5.40 $4,644.00 $5.25 $4,515.00 $7.25 $6,235.00 $5.40 $4,644.00 $5.97 $5,131.33

9. Install 12" Wide Stripe White (Thermoplastic) $1,030.00 LF $5.40 $5,562.00 $5.25 $5,407.50 $7.25 $7,467.50 $5.40 $5,562.00 $5.97 $6,145.67

10. Install Caltrans Detail 22 Striping $1,910.00 LF $2.97 $5,672.70 $2.89 $5,519.90 $3.25 $6,207.50 $2.97 $5,672.70 $3.04 $5,800.03

11. Install Caltrans Detail 27B Striping $690.00 LF $1.78 $1,228.20 $1.73 $1,193.70 $1.40 $966.00 $1.73 $1,193.70 $1.64 $1,129.30

12. Install Caltrans Detail 34A Striping $3,360.00 LF $2.75 $9,240.00 $2.68 $9,004.80 $2.50 $8,400.00 $2.68 $9,004.80 $2.64 $8,881.60

13. Install Caltrans Detail 38 Striping $820.00 LF $2.43 $1,992.60 $2.36 $1,935.20 $2.75 $2,255.00 $2.43 $1,992.60 $2.51 $2,060.93

14. Install Caltrans Detail 39 Striping $5,750.00 LF $1.78 $10,235.00 $1.73 $9,947.50 $1.40 $8,050.00 $1.73 $9,947.50 $1.64 $9,410.83

15. Install Caltrans Detail 39A Striping $90.00 LF $1.35 $121.50 $1.31 $117.90 $1.40 $126.00 $1.35 $121.50 $1.35 $121.80

16. Install Blue Reflective Fire Hydrant Marker $5.00 EA $12.96 $64.80 $12.60 $63.00 $17.00 $85.00 $12.96 $64.80 $14.19 $70.93

17. Install Caltrans Detail 9 $210.00 LF $1.62 $340.20 $1.58 $331.80 $1.10 $231.00 $1.58 $331.80 $1.43 $301.00

18. Install Caltrans Detail 10 (Std Plan 2015) $2,400.00 LF $0.54 $1,296.00 $0.53 $1,272.00 $1.70 $4,080.00 $0.54 $1,296.00 $0.92 $2,216.00

19. Install Caltrans Detail 25A Striping $180.00 LF $1.78 $320.40 $1.73 $311.40 $1.70 $306.00 $1.73 $311.40 $1.74 $312.60 20 Install Caltrans Detail 29 Striping $270.00 LF $5.94 $1,603.80 $5.78 $1,560.60 $6.50 $1,755.00 $5.94 $1,603.80 $6.07 $1,639.80 21 Install Green Bike Lane $2,500.00 LF $14.58 $36,450.00 $14.18 $35,450.00 $13.50 $33,750.00 $14.18 $35,450.00 $14.09 $35,216.67 Total $795,120.00 $703,543.70 $955,007.00 $736,824.30 $817,890.23

11.A.a
Packet Pg. 112 Attachment: Project Bid Tabs (Award 2023 Pavement Preservation Project) CITY OF COTATI City of Cotati
Run Date: 6/30/2022

11.A.b
Packet Pg. 113 Attachment: City of Cotati PCI (Award 2023 Pavement Preservation Project) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING THE CONSTRUCTION CONTRACT FOR THE 2023 PAVEMENT PRESERVATION PROJECT TO PAVEMENT COATINGS CO. AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT AND

CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES AGREEMENT,

INCLUDING ANY NEEDED CHANGE ORDERS AND AMENDMENTS, UP TO THE

AUTHORIZED PROJECT BUDGET AMOUNT
WHEREAS, the City’s Annual and Multi-Year Capital Plan includes a list of street paving projects, and the paving projects are based on the Pavement Management Program (PMP), updated every 2 years, which generally guides the identification and prioritization of street pavement projects; and
WHEREAS, the PMP provides strategies to prioritize the annual roadway projects based on their condition and treatment costs; and
WHEREAS, pavement maintenance projects are significantly funded by, and made possible by, Measure G/S, the City’s local revenue measure, and City Council continues to prioritize street repair and maintenance; and
WHEREAS, expenditures are detailed in the annual Measure G/S reports, and the City has completed $5.7 million of roadway rehabilitation in the last two years and has made significant progress in improving the condition of its roadways; and WHEREAS, while the City continues to reconstruct streets in poor condition, projects like this are intended to keep other streets in good condition to avoid the need for costly reconstruction; and
WHEREAS, the 2023 Pavement Preservation Project (Project) is included in the City’s current Annual Capital Plan adopted by City Council on June 28, 2022, and the Project extents are shown on the attached figure, and consist of pavement maintenance on approximately 5.4 miles of roadway; and
WHEREAS, on February 8, 2022, City Council approved the design agreement for the Project, and bid documents were finalized and the Project was advertised for bidding; and WHEREAS, on July 14, 2022, three bids were received, with the low bid provided by Pavement Coatings Co. for an amount of $703,543.70, which is 12 percent under the engineer’s cost estimate; and
WHEREAS, the low bid was evaluated and was determined by Staff to be a responsive bid; and
WHEREAS, on April 21, 2022, the City issued a request for qualifications and selected 4Leaf, Inc. from the sixteen proposals received based on their being qualified and best suited to perform Construction Management services for this Project; and WHEREAS, City staff requested and 4Leaf, Inc. provided a proposal for Construction Management and Inspection services for and amount not to exceed $96,348, and City staff negotiated the terms and conditions of the proposed agreement and has determined the resulting agreement to be fair and reasonable; and
WHEREAS, accounting for the construction contract, Construction Management professional services and change orders, amendments, and a 15 percent contingency, the total Packet Pg. 114
anticipated project budget is $920,000; and
WHEREAS, the total amount allocated for the Project budget in the City’s adopted Fiscal Year 2022/23 budget is $1,085,000, which is greater than the anticipated expenditure amount, therefore, a budget reduction is appropriate; and WHEREAS, the Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.

NOW THEREFORE LET IT BE RESOLVED by the Council of the City of Cotati that:

1. All of the above recitals are true and correct and incorporated herein by reference; and

2. The construction contract for the Project is awarded to Pavement Coatings Co. for $703,543.70; and

3. The Construction Management and Inspection Agreement with 4Leaf, Inc. for $96,348.00 is approved; and

4. The 2023 Pavement Preservation Project budget is reduced from $1,085,000 to $920,000 with the unused funds to go back to the General Fund’s unappropriated fund balance; and

5. The City Manager (or designee) is authorized to execute the construction contract for the Project, the construction management and inspection agreement and any needed change orders, amendments and miscellaneous Project expenses up to $920,000.

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 July 26th, 2022, by the following vote, to wit:

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Packet Pg. 116 Attachment: 2023 Pavement RehabIlitation Map (Award 2023 Pavement Preservation Project) Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: Information received after the agenda was posted.

Date: July 26, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

Pursuant to City Council Policy 2021-01: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.

1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the Deputy City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.

2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the Deputy City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the Deputy City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.

City Council Policy 2021-01 is available at the online meeting portal at www.cotaticity.org or by request from the Deputy City Clerk at 707-665-3622 or [email protected].

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Cotati City CouncilJuly 26, 2022

Cotati City Council
July 26, 2022