Agenda packet — Cotati City Council, August 9, 2022

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday August 9, 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: 867 5141 0190
Passcode: 405280
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 August 9, 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 - REGULAR MEETING - JUL 26, 2022 6:00 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.

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.

Cotati City Council Agenda August 9, 2022

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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. PRESENTATIONS
A. PRESENTATION ON PROPOSED CHANGES TO THE SONOMA COUNTY

TOURISM BUSINESS IMPROVEMENT ASSESSMENT
It is recommended that the City Council receive a presentation from Sonoma County Tourism on the proposed changes to the existing Business Improvement Assessment (BIA). No action will be taken.

7. APPROVAL OF FINAL AGENDA (ACTION)

8. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda during this period. Pursuant to City Council Policy 2021-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar.

The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested.

9. CONSENT CALENDAR (ACTION)
A. AWARD FOR INSTALLATION OF A NEW PUBILC RESTROOM AT

KOTATE PARK
It is recommended that the City Council of the City of Cotati adopt a resolution awarding a contract for manufacture and placement of a new public restroom at Kotate Park and authorize the City Manager to execute said award.

B. RELINQUISHMENT OF ST. JOSEPH WAY TO THE CITY OF COTATI It is recommended that the City Council adopt a resolution supporting relinquishment of St. Joseph Way to the City of Cotati and authorize the City Manager to issue a letter of support for the relinquishment
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C. DATA WATCH SERVICE AGREEMENT WITH KLH CONSULTING, INC It is recommended that the City Council adopt a motion authorizing the City Manager to execute an amendment to the agreement with KLH Consulting, Inc, to maintain, monitor and secure the City's network infrastructure from August 1, 2022 to June 30, 2026.

D. APPROVAL OF ANNUAL STORM WATER SUPPORT SERVICES

AGREEMENT
It is recommended the City of Cotati City Council approve by motion a professional services agreement with Stone Creek Environmental for Storm Water Support Services

10. DIRECTION ON FUTURE AGENDA ITEMS

11. REGULAR AGENDA (ACTION)
A. LETTER OF SUPPORT FOR CARE COURTS
It is recommended that the authorize the Mayor to send a letter on behalf of the City supporting proposed CARE Court legislation (SB 1338).

B. ADOPTION OF THE AMENDED CITY WIDE SALARY SCHEDULE FOR FISCAL YEAR 2022/23
It is recommended that the City Council adopt the following: Side Letters for the CEA, CPOA, and CPMA; the amended Non-Represented Confidential and Management Employees Compensation Plan; and the corresponding revised fiscal year 2022/23 salary schedule.

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 August 5, 2022.

Cotati City Council Agenda August 9, 2022

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/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 July 26, 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 Absent
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)
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Moore
ABSENT: Ford
Public Comment:

Cathleen Tandy of Cotati
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

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Minutes Acceptance: Minutes of Jul 26, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes July 26, 2022

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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

6. APPROVAL OF FINAL AGENDA (ACTION)

7. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
No public comment

8. CONSENT CALENDAR (ACTION)

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Minutes Acceptance: Minutes of Jul 26, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes July 26, 2022

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Laura Sparks, Councilmember
AYES: Landman, Harvey, Sparks, Moore
ABSENT: Ford
A. AWARD CONSTRUCTION CONTRACT FOR THE CITY HALL WINDOW

REPLACEMENT PROJECT
B. SECOND READING OF AN ORDINANCE TO PROHIBIT NEW AND

EXPANDED SERVICE STATION FACILITIES THAT STORE, CONVEY,

OR DISPENSE FOSSIL FUELS (GAS STATION BAN)
C. ACCEPTANCE OF COMMUNITY CENTER ROOF REPLACEMENT

PROJECT
D. AGREEMENT FOR ON-CALL AND DOWNTOWN SPECIFIC PLAN

CONSULTING
E. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT 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
G. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING

COUNCIL, COMMISSION, AND COMMITTEE MEETINGS REMOTELY

DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC

9. DIRECTION ON FUTURE AGENDA ITEMS

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

MILITARY EQUIPMENT USE POLICY
Presentation by Chief of Police Michael Parish
Councilmembers Comment
Public Comment:

Marjorie Crump-Shears of Cotati
Jim Duffy of Cotati

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Minutes Acceptance: Minutes of Jul 26, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes July 26, 2022

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Public Hearing was continued to August 23, 2022.

11. REGULAR AGENDA (ACTION)
A. AWARD 2023 PAVEMENT PRESERVATION PROJECT
RESULT: ADOPTED [UNANIMOUS]
MOVER: John C. Moore, Councilmember
SECONDER: Susan Harvey, Vice Mayor
AYES: Landman, Harvey, Sparks, Moore
ABSENT: Ford
Presentation by Director of Public Work/City Engineer Craig Scott.

Councilmembers comment.

No public comment.

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

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

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

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

16. ADJOURNMENT
Mayor Landman adjourned the meeting at 7:52pm.

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Minutes Acceptance: Minutes of Jul 26, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: PRESENTATIONS
To: City Council
Subject: Presentation on Proposed Changes to the Sonoma County Tourism Business Improvement Assessment
Date: August 09, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council receive a presentation from Sonoma County Tourism on the proposed changes to the existing Business Improvement Assessment (BIA). No action will be taken.

Background
A Resolution of Consent is required by the participating BIA cities for the change in the County of Sonoma Ordinance 5255 to be considered by the Board of Supervisors. Established on November 2, 2004, with resolutions of consent from the Cities of Santa Rosa, Rohnert Park, Petaluma, Cloverdale, Cotati, and Sebastopol, and the Town of Windsor, the Sonoma County Tourism Business Improvement Area was formed.

The BIA was adopted pursuant to the “Parking and Business Improvement Area Law of 1989,” Sections 36500 et seq. of the California Streets and Highways Code, and Resolution Nos. 04- 0850 and 04-0984, adopted by the Board of Supervisors on September 14, 2004, and October 12, 2004. The purpose of forming the Area as a business improvement area under the Law is to provide revenue to defray the costs of services, activities, and programs that promote and encourage tourism within the Area, which will benefit the Operators of Lodging establishments paying Assessments in the Area through the promotion of the scenic, recreational, cultural, and other attractions in the Area. Revenues from Assessments shall be used to conduct Marketing Activities designed to increase overnight visits to the Area.

Sonoma County Tourism is requesting an update to its existing BIA to raise collection from 2% to 3% and to remove the existing revenue threshold of $350,000 annually for participating in collection of the BIA.

Analysis/Discussion

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Sonoma County Tourism (SCT) exists to drive overnight visitation into Sonoma County lodging properties and drive revenue into the county through tourism activities. Through a strategic approach and highly efficient sales and marketing programs and campaigns, SCT is able to reach potential visitors in key consumer target audiences and within specified travel professional groups. In recent years, SCT has shown that its programming provides a significant return-oninvestment, generating $14 in local taxes for every $1 invested in tourism marketing. Every additional dollar spent in marketing will benefit the overall brand awareness of the county and drive business into the doors of customer-facing businesses.

At present, SCT is working within the framework outlined in its current funding structure, that being receiving 1.25% of the first 9% of Transient Occupancy Tax (TOT) collected in unincorporated Sonoma County and 2% of county-wide overnight lodging revenue for properties with an excess of $350,000 per year in revenue, save the towns of Sonoma and Healdsburg as assessed through the Business Improvement Area (BIA).

Seeking ways to help ensure the organization has a sustainable funding model, SCT is seeking to revise the structure of the BIA program. Under the mantel of the Responsible Tourism Assessment, SCT proposes an overlay BIA (to the current structure) that would bring an estimated additional $4 - $5 million into the organization.

These funds would allow SCT the ability to laser focus on responsible travelers and as an addition to SCT’s current sales and marketing programs. While the responsible travel message is always a part of the messaging, these funds will allow for additional messaging and campaign components aimed directly as responsible travelers.

Throughout the year, SCT operates its consumer campaigns during the time periods that drive business. SCT is mandated to drive business November through April. It’s during this time period that the majority of the paid advertising has and will occur. These funds will help augment the campaigns run during that time with a travel responsibly message. During the remainder of the year, May – October, the chief messaging will be around responsible travel.

The need to drive business is not as acute during this “high season” time, but the need to tout responsible and sustainable travel takes the forefront. These funds will help ensure each campaign time frame is as effective as possible.

Sonoma County’s agricultural community has long had a commitment to sustainability, but finding and inviting like-minded travelers on the consumer side is a recent undertaking.

Attracting new visitors is always a more costly proposition than inviting travelers from core markets (San Francisco Bay to Sacramento) who are very familiar with the destination and its marketing messages. Also, as the cost of purchasing media time continues to rise, the key consumer markets for Sonoma County are San Francisco, Los Angeles, San Diego, Dallas, Phoenix, Portland and Seattle – represent some of the most expensive markets in the country.

Additional funds will help SCT be more effective in connecting with the responsible traveler target audiences within these coveted traveler markets.

Financial Considerations

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The City of Cotati does not currently have overnight lodging, and therefore does not currently collect BIA funds, even though Cotati is a participating BIA city. Should a lodging property be established, there is staff time to collect funds and remit them to the County. An administrative fee may be collected to offset that cost.

Environmental Issues
This is a presentation only, so the California Environmental Quality Act (CEQA) does not apply.

Attachments:

Sonoma County Tourism BIA Presentation (PDF)

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www.sonomacounty.com
Responsible Tourism Assessment

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Sonoma County Tourism Background
Sonoma County Tourism (SCT) is the county’s official Destination Stewardship Organization.
 Mission: Inspire overnight travel to Sonoma County that bolsters the region’s economy and encourages responsible stewardship of the community’s abundant resources.
 Vision: Sonoma County will be the premier destination in North America for responsible travelers who enjoy, protect and preserve the area’s bountiful natural and cultural resources.

Original mandate: Drive overnight visitation during non-peak timeframes, November – April. This has evolved as we needed to manage numerous crises.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
In 2018, SCT evolved from being a destination marketing organization (DMO) to a destination stewardship organization (DS0). First in the nation to do so.

Goal is to ensure all programming is in the best interest of Sonoma County.

Core programming around sales & marketing remain, but activities and plans show strong leadership for the long-term sustainability of the County and its residents.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
How Does SCT
Benefit Cotati?

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
How SCT Benefits Cotati
• Cotati has 38 businesses listed on SonomaCounty.com
Social Media
• To date in 2022, Cotati partners have been included in more than 5 posts and blogs.

Content on SonomaCounty.com
• Cotati is listed in the title of 1 article, 2 events, 3 landing pages, and 1 “What’s New” entry on www.sonomacounty.com including: • 4 Fun Things To Do in Cotati • Cotati Accordion Festival • Cotati Music Festival • Cotati • Cotati Trip Ideas • New Times Pizza brings Artisan pies to Cotati Partner Pitches & Other Opportunities
• A Cotati partner was mentioned in an article on “The Travel” • “This is Why Sonoma County is Best Visited in the Fall” • Qualitative Media Score of 8

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Responsible Tourism
Assessment

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Business Improvement Area (BIA)
• The Sonoma County Tourism Business Improvement Area (BIA), is a self-assessment initiated by the lodging industry to generate tourism marketing funds. • The majority of SCT’s funding comes from a 2% assessment on applicable lodging rooms within the Sonoma County Tourism Business Improvement Area (BIA) for any property with revenue greater than $350,000 a year.
• The Business Improvement Area includes all Sonoma County cities and unincorporated areas with the exceptions of Healdsburg and Sonoma. The BIA, by its legislative mandate, is designated exclusively for use as tourism marketing funding to drive overnight stays. • BIA assessments are paid by guests staying at a BIA lodging properties, properties collect and remit these funds. Administration is covered by a portion of the remittance that goes to each municipality and the County.
• Funds MUST “benefit the payors” – the participating lodging properties. • The County has an agreement with AirBnB that DOES NOT include collection for the BIA.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Transient Occupancy Tax (TOT)

TRANSIENT OCCUPANCY TAX (TOT) IS

GENERATED (ONLY) FROM INDIVIDUALS
STAYING AT LODGING PROPERTIES.

SCT RECEIVES 1.25% OF THE FIRST 9% OF TOT

COLLECTED (ONLY) WITHIN THE
UNINCORPORATED AREAS OF THE COUNTY.

TOT (GENERALLY) GOES INTO THE GENERAL
FUND OF THE PLACE IT IS COLLECTED.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
What?
Sonoma County Tourism is working to build a budget that will allow it to elevate the economic vitality of the County, Cities and the industry AND generate business from responsible/sustainable travelers through:
Inviting leisure/individual travelers in direct flight markets (stay longer/spend more); Elevating group business (weekday);
Restarting international travel; and
Further developing destination stewardship/responsible travel campaigns and partner outreach.

SCT is asking its lodging property partners, municipalities and the County to revise the current Business Improvement Area (BIA):
 Eliminating the $350,000 annual revenue benchmark
 Raising the allocation per participating property from 2% to 3%

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Budget
• Sonoma County Tourism’s Estimated Budget for
FY22-23 is: $9,212,518
• BIA: $6,160,496
• TOT: $3,052,022
• Additional BIA funding for SCT:
• Eliminating the $350K benchmark: $2M
• Raising collections from 2% - 3% - $3M
• Other Similar Destination Budgets:
• Santa Barbara: $11.5M
• Napa Valley: $7.7M
• Newport Beach: $10.5M
• San Luis Obispo: $11M
• Palm Springs: $28M

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Why?
• Sonoma County is a beloved destination, but increasing competition, challenges related to natural disasters, growing social impacts and increasing marketing- related costs create a more challenging environment. • Inflation, rising gas prices, pending recession + HIGH desire to travel = complicated messaging.
• SCT is developing a Destination Resiliency & Stewardship Plan – Action Items will need funding.
• Reaching new/responsible travelers in key flight markets is a very costly undertaking. Markets include the county's most expensive: Los Angeles, San Diego, Portland, Seattle, Phoenix, Dallas, Chicago. • ALWAYS more expensive to find new visitors than remind loyal fans. • Agency of record developed a marketing plan to reach sustainable/responsible travelers – new marketing channels, new audiences...

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Why?
Market Estimated SCT Primary
Audience Size

8.7x Frequency 15x Frequency 20x Frequency
Los Angeles 3,500,000 $700,000 $900,000 $1,150,000
Seattle 1,000,000 $150,000 $350,000 $400,000
Portland 500,000 $75,000 $150,000 $200,000
San Diego 600,000 $85,000 $200,000 $245,000
Phoenix 600,000 $100,000 $225,000 $275,000
Dallas 750,000 $125,000 $325,000 $400,000
Denver 750,000 $110,000 $225,000 $300,000
These estimates provide a range of spend levels based on frequency against the primary SCT audience in each market and assumes multiple tactics such as video, display, audio, social, travel-endemic digital and online travel agencies.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Why?
• Sonoma County Tourism is increasingly involved with local/social issues:
• Unsheltered Population Webinar. Sonoma County Tourism has worked closely with the City of Santa Rosa to provide dialogue between the cities and hotel partners on the issues the hotels face due to the unsheltered population. The City partnered with Sonoma County Tourism and Visit Santa Rosa to host a webinar and has developed an online toolkit specifically for the hospitality community. SCT is committed to working collaboratively on issues that face our communities.
• Emergency Response Toolkit: SCT worked with the Office of Emergency Management to develop an emergency response toolkit for use by area restaurants, retailers, lodging properties including vacation rentals. • Covid Response: SCT provided dozens of “We’re Open” posters to the Cotati Chamber for distribution to restaurants at the beginning of the pandemic.
• Regional Parks Leave No Trace Partnership: Integrate practical principals to encourage responsible travel to land/outdoor recreation areas.
• Funding needs to stretch to ensure all programming given the proper resources.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
How this will benefit <$350k Revenue
• Special recognition on SonomaCounty.com for vacation rentals and bed & breakfast establishments. SCT will place a tile on its Places to Stay section that encourages travelers to search through the properties in these sectors and will include content specific to these types of businesses. • Curate at least one media press trip that focuses on small businesses, houses participants at a property within this segment and showcases the unique individually owned lodging properties and businesses in the County. • Ensure any content produced and main copy of the website is available in English, German, French and Spanish helping to connect with international travelers.
• Develop a vacation rental committee that focuses on issues and opportunities inherent to this industry segment. • Continue to ensure this segment has a voice on the SCT Board of Directors and on its various program committees.
• SCT will create, as part of its annual report, an accounting of the usage of these funds and the estimated returnon-investment for the dollars spent.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
How this will benefit 2% - 3%
• Identify and place ads in new markets served through direct flights into STS, but also represent high levels of inquiry and interest in the destination. These may include Denver, Chicago and New York City.
• Represent Sonoma County at additional travel and trade shows promoting area lodging properties to meeting planners, tour operators, travel agents and wholesalers. • Create additional client events in key markets, inviting travel trade, media and potentially consumers to events that provide an immersive Sonoma County experience. These events offer opportunities for area partners to showcase products and services and enhance relationships with important buyers.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
How this will benefit 2% - 3%
• Identify additional sales and marketing opportunities in key global markets. Whether through creating brand elevating events, participating in in-market trade shows or finding unique promotional or partnership opportunities, SCT will be able to execute additional activities in key international markets that help raise brand awareness.
• Develop additional video content with local luminaries, influencers and residents to create deeper connections with potential visitors. Video content is increasingly important and additional funds will be spent to enhance video content that can be shared on SonomaCounty.com, across social channels and with sales outreach to key buyers and frequent individual travelers (FIT).

SCT currently measures all sales and marketing efforts through a variety of metrics. These metrics will continue to be used to track these additional programs and the return-on-investment of each.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
How this will benefit Cotati
• Develop a “Cities, Towns and Neighborhoods” program that creates customized ongoing content and promotional offerings for all of Sonoma County’s municipalities (including Cotati) and the neighborhoods within the unincorporated areas, calling out the small businesses and unique brands of each. (While municipalities currently have information on SonomaCounty.com, the pages are not as robust as we’d like, updated on a frequent basis and given the recognition they will receive with this new program.)
• Ensure ongoing performance data and annual economic impact data are created to meet the needs of this industry segment and convey this information on a timely basis.
• Additional benefits will continue to be created.

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment www.sonomacounty.com
Timeline
Action Date
Outreach to Cities and Stakeholders Now-August 31, 2022 Hearing dates calendared by Board of Supervisors July 12, 2022 Workshops for stakeholders/potential participants August, September City councils to adopt Resolutions of Consent before
August 31, 2022
(in time for the BOS agenda packet for the meeting on
October 4, 2022) - August 31 is ideal, all must be approved before September 20
Adoption of Notice of Intention by
Board of Supervisors
October 4, 2022
Mailing to all lodging properties (within 7 days of adoption of Notice of Intention and at least 10 days before public meeting) by October 11, 2022
Public meeting (at least 45 days before public hearing and more than 10 days after mailing). Must occur before October 22, 2022 Public hearing and adoption of Ordinance amending
existing BIA Ordinance
At least 45 days after public meeting BOS
December 4 or December 13, 2022
Changes go into effect January 1, 2023

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Attachment: Sonoma County Tourism BIA Presentation (Tourism District Tax Assessment Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Award for Installation of a new Pubilc Restroom at Kotate Park Date: August 09, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council of the City of Cotati adopt a resolution awarding a contract for manufacture and placement of a new public restroom at Kotate Park and authorize the City Manager to execute said award.

Background
In late 2019, the City of Cotati approved the Parks Capital Plan for all parks in Cotati. The plan includes concepts for amenities, improvements, and upgrades to Cotati parks based on community input, with planning level cost estimates and relative priorities.

On February 25, 2020 the City Council awarded the design agreement to begin public outreach to further hone the concept design from the Parks Capital Plan and then bring the project to construction. After concluding the public outreach process, one significant change to the concept design was the addition of a public park restroom and build out of most of the planned amenities in a single phase. Currently, Kotate Park does not have a public restroom.

The public requested the restroom, as Kotate Park will shortly be getting refurbished, making it a more desirable community destination. While the smaller parks generally don’t warrant their own restroom, Kotate Park is one of the 3 biggest parks in Cotati, along with Cator Field and Putnam Park.

Analysis/Discussion
The City is currently finalizing the construction documents for the project, which is expected to be out to bid by the date of this City Council meeting. The planned improvements include most concept design additions including new play areas for different ages, fitness equipment for

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adults, BBQ and shaded picnic areas, associated lighting, pathways and landscaping, with the addition of a new public restroom, as noted previously. The only concept element not included in the planned work is the splash pad, which was omitted due to the current drought, as well as maintenance and budgetary concerns.

The proposed park restroom will include two restrooms, associated storage, lighting, and a water bottle filling station. The structure itself is prefabricated, delivered to the site, and placed on the pre-prepared pad. The restroom contractor will then make all final utility connections to the restroom.

The City received two bids for park restrooms, but is recommending awarding to the Public Restroom Company. This bid is lower cost and provides the design elements that were requested by the City. By splitting the award of the restroom off of the general park improvements, it allows the City to better effect the final look and amenities of the restroom and get the restroom in the build queue earlier to better match up with the timing of the general construction work, as well as avoiding general contractor markups.

Financial Considerations
The building and installation cost by the Public Restroom Company is $268,858. However, it is recommended that a 10% project contingency be included ($26,886), for a total project budget of $295,744 to account for unforeseen build or installation issues.

The funding is proposed to come from the adopted Kotate Park Revitalization Project, which was budgeted at $2.21M. This includes funding for the remainder of the improvements as well, which is expected to be out to bid on the date of this City Council meeting.

Environmental Issues
This Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Kotate Park Revitalization Project is a minor alteration of an existing facility, therefore, no further environmental review is required. .

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Attachments:

Public Restroom Company Bid for Kotate Park (PDF)
Romtec Kotate Park Bid (PDF)
Romtec two-user-site-built-restroom (PDF)

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Kotate Park - City of Cotati, CA| 06/20/2022| Reference # Opt B 11193-2/15/2022-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 8
Price Proposal: Kotate Park - City of Cotati, CA
Bid Date: June 20, 2022
Reference: Option B; 11193-2/15/2022-1
PRC Sourcewell: 081721-PRM
Our Offer to Sell:

1. Restroom Building delivered to site @ $ 248,840
Public Restroom Company herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention. (Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.)

2. Installation: Turnkey Installation of the Building above @ $ 20,018 with retention allowed.

Public Restroom Company also includes in this two-part quotation our turnkey installation package for this building. Our national factory authorized installation team will:
a. Arrive onsite to confirm and verify the Owner/General Contractor provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for the buildings plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad.
d. Set the building on the site pad.
e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel.

3. Owner/General Contractor Final Tie In of Utilities and other site work:

The exterior utility connections for water, sewer and electrical 6’ or less from the footprint of the building are by owner/general contractor.

4. Total Cost of building and installation @ $ 268,858

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) Kotate Park - City of Cotati, CA| 06/20/2022| Reference # Opt B 11193-2/15/2022-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 8
OWNER/GENERAL CONTRACTOR SCOPE OF WORK WITH/WITHOUT FOOTINGS:

Scope of Work Background:

Owner/General Contractor shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings (if required), locate footing sleeves for electrical, waste, and water, pour the footings (if required), furnish sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 6’ outside the foundation.

Preparation of Building Pad:

Owner/General Contractor is responsible for providing the building subgrade pad or when required footings to frost depth per Public Restroom Company design specifications. PRC will provide detailed drawings for the subgrade building pad, utilities POC’s, and if required the footings, attached to this scope of work.

Subgrade Pad/Foundation Requirements:

1. Owner/General Contractor shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets.

2. Excavate the existing site to the depth of the required footings to local code if required.

3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand.

Owner/General Contractor verification of site access to allow Building Delivery:

1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer.

2. Our cost is based upon the crane we provide being able to get within 35’ from the building center and for the delivery truck to be no more than 35’ from the crane center picking point.

3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner/General Contractor ‘s responsibility for repair and all costs, if damage occurs.

4. If trench plating is required, it shall be the cost responsibility of the Owner/General Contractor.

5. If unseen obstacles are present when site installation begins, it is the Owner/General Contractor responsibility to properly mark them and verbally notify PRC before installation.

6. If weather becomes an issue for safety or site installation delays due to weather, Owner/General Contractor or PRC with General Contractor’s confirmation may call-off set. If building set is stopped, relocation of the building modules to an onsite or offsite location may incur additional costs to Owner/General Contractor.

Installation Notice and Site Availability:

PRC will provide sufficient notice of delivery of the prefabricated building. The Owner/General Contractor shall make the site available during the delivery period. During the delivery period, on an

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) Kotate Park - City of Cotati, CA| 06/20/2022| Reference # Opt B 11193-2/15/2022-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 8
improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation.

Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner/General Contractor is received, PRC will provide a change order for remobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner/General Contractor shall sign the change order before we will continue delivery.

Public Restroom Company will “turn-key” set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation.

Utility Connections:

1. The Owner/General Contractor is responsible for flushing all water service lines before final connection.

2. The Owner/General Contractor is responsible for the final connections of water, sewer, and electrical at the exterior of building POC’s.

3. PRC provides a POC for water, a POC DWV waste line with a clean out your service connection, and an electrical schedule 80 PVC sleeve at an exterior POC.

4. PRC provides and connects the interior building utility connections and the Owner/General Contractor or their subcontractor makes the exterior connections to POC’s for services.

Special Conditions, Permits, and Inspection Fees:

Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable.

Jurisdiction for Off-site Work:

Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will provide a certified plan set, calculations, and a third-party engineer inspection report for any and all closed work the local official cannot see.

PUBLIC RESTROOM COMPANY SCOPE OF WORK:

Our In Plant/Off-Site Construction Scheduling System:

PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high-quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials,

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) Kotate Park - City of Cotati, CA| 06/20/2022| Reference # Opt B 11193-2/15/2022-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 8
which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in-plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting.

Special Payment and Progress Billing Terms:

Invoicing begins on the 30th of the month following an order and/or the acceptance of the proposal/contract.

The first progress billing invoice will be issued for the commencement of design and engineering of architectural plans. This will be 10% of the contracted amount. Once construction begins invoicing will commence monthly based on plant percentage of completion, supported by photographs.

In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs.

Delivery and Installation:

Site Inspection:

PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6’ from the exterior of the building.

Installation:

PRC will install the building turn-key, except for any exclusion (listed under “Exclusions,” herein.) Installation of Utilities under the Prefabricated Building:

We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing.

We provide all the buildings under-slab piping including the driven electrical ground rod. The Owner/General Contractor brings utility services to within 6’ of the pad and are responsible for final connections at that point.

Connection of Utilities Post Building Placement:

After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner/General Contractor is responsible for final utility point of service connections at the nominal 6’ from building locations.

Electrical:

PRC provides the electrical conduit to the POC 6’ from the building. The Owner/General Contractor pulls the wire and ties it off on the electrical panel.

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) Kotate Park - City of Cotati, CA| 06/20/2022| Reference # Opt B 11193-2/15/2022-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 5 of 8
Plumbing:

PRC provides the POC up to 6’ from the building footprint and the Owner/General Contractor connects the water to our stub out location.

Sewer:

Some sites depending on the local jurisdiction will require an outside house trap which Owner/General Contractor shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner/General Contractor will terminate the site sewer service.

Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection:

Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner/General Contractor is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation.

Time of Completion:

PRC estimates a 240 calendar day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals from all authorities required to approve them.

Exclusions/Exceptions:

1. Access issues for delivery of the building by a clear unobstructed path of travel from an improved roadway to the final installation pad or foundation may cause site delays and extra cost at each site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes disallowing our delivery trailers with only 4” of clearance to grade, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. On some sites without on-site storage availability for buildings that cannot be set, relocation to a proximal crane yard and later relocated to the site for installation, will incur additional fees at rates that vary depending on local rates. PRC will provide written costs for this additional work by change order.

2. If weather on site causes site delivery issues, the delivery may have to be diverted to an off-site location and the additional costs will be a change order to the bid. Our staff works with the Owner/General Contractor in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes Owner/General Contractor take risks for weather, but this risk is clearly at the Owner/General Contractor risk, not PRC.

3. Sidewalks outside the building footprint.

4. Trench plates or matting needed for protection of site soils, sidewalks, hardscaping, or site utilities shall be the responsibility of the Owner/General Contractor. Any site soils damage or other site improvements if damaged during installation shall be the responsibility of the Owner/General Contractor.

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) Kotate Park - City of Cotati, CA| 06/20/2022| Reference # Opt B 11193-2/15/2022-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 6 of 8

5. Not responsible for removing any soil, sand, or other debris as a result of trenching or installation.

6. Survey, location of building corners, finish floor elevation, excavation, and construction of subgrade building pad and footings (if required) per PRC plans.

7. Soil conditions not suitable for bearing a minimum of 1500 PSF with compaction to 90% maximum dry density shall require Owner/General Contractor correction before building placement. If no soils testing report is available before bid, Owner/General Contractor must verify site supporting soils at a minimum of 1500 PSF because that is the least we can place our structures on or Owner/General Contractor or engineer of record must design a foundation system to meet the imposed loads of site placement.

8. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for installation of a building internal diaphragm tank to provide the minimum flow rate and static pressure of up to 60 PSI and a minimum of 40 PSI to properly flush the fixtures. Building water service chlorination, post installation, shall be by Owner/General Contractor.

9. Our bid included crane costs are based on a maximum 35’ radius from the center pin of the crane (10’ back from the rear of the crane) to the building center point of the furthest building module roof. If additional distance requires a larger crane, additional costs will be assessed by change order to the Owner/General Contractor.

10. Bonds, building permits, a site survey, special inspection fees, minor trash removal (nominally one pickup truck of shipping materials), final utility connections to the on-site water, sewer and electrical are by the Owner/General Contractor. Since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed) is by the Owner/ General Contractor.

11. Site Traffic Control, if applicable, shall be by Owner/ General Contractor, not PRC.

12. Any equipment installation, site work or special inspections other than described within this proposal, shall be by Owner/General Contractor.

13. Backflow certification if applicable by Owner/ General Contractor.

Insurance and Prevailing Wage Certification:

PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations.

Special Insurance to protect the Building before acceptance:

As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we maintain a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. This special policy protects the Owner’s custom ordered materials to be used in the fabrication of the building during this period. PRC provides this Stock Throughput Policy to cover the building materials from supplier to manufacturer, while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy has a $1,000,000 coverage limit. This exceeds the cost of any single building we have offered for sale herein.

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) Kotate Park - City of Cotati, CA| 06/20/2022| Reference # Opt B 11193-2/15/2022-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 8
Errors and Omissions Insurance:

Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings.

Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order.

WARRANTY
All work performed by PUBLIC RESTROOM COMPANY (called “Company”) shall be warranted to the Owner to be of good quality, free of faults and defects in material, workmanship, and title for 5 years from last date of installation if building is installed by Company or 1 year if building is installed by Owner or Owner’s agent without on-site supervision by Company. Company warranty on building shell including exterior walls, concrete 8” slab/foundation, and roof system is warranted for 20 years structurally. The Company will repair or replace at their sole option any defects in work upon proper notice to the below stated address below.

Our Company extended warranties shall be Company only and shall have no effect on any required Performance, Payment, or Warranty Bonds where Surety shall assume no liability to the Company, the Owner, or any third parties should the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the general contractor, bonding company, or architect/engineer of record.

This warranty applies only if all work performed by Company has been fully paid for, including change orders if applicable. Company has no responsibility for any neglect, abuse, or improper handling of building product.

The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness.

There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner.

Term of Offer to Sell and Owner/General Contractor Acceptance:

This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final Owner/General Contractor approval of our submittals and receipt of a contract or a purchase order/contract.

Special Notice of Possible Project Cost Increases as a Result of Late Payments:

In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) Kotate Park - City of Cotati, CA| 06/20/2022| Reference # Opt B 11193-2/15/2022-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 8
cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater.

Termination
Upon Termination for any reason, Owner/General Contractor shall be liable for the cost of all work performed up to the date of termination. Additionally, Owner/General Contractor shall pay for off-site demolition and disposal of the partially or fully fabricated building as well as any non-returnable materials which were custom-ordered to complete fabrication in PRC’s factory location. Any returned materials are subject to return and restocking fees at the Owner/General Contractor expense.

Venue for Contract Jurisdiction:

Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law.

No modifications to this offer shall be authorized unless confirmed in writing by the President of Public Restroom Company.

Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman IV, President
This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached.

Accepted by:
_______________________________ _______________________________ Authorized Signature Date Signed
_______________________________ _______________________________ Printed Name Legal Entity Name and Address

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) www.PublicRestroomCompany.com
PROJECT REF#: 11193-2/15/2022-1
2587 BUSINESS PARKWAYMINDEN NEVADA 89423P: 888-888-2060 F: 888-888-1448

RESTROOM/

STORAGE BUILDING

KOTATE PARK

COTATI, CALIFORNIA
ARTIST IMPRESSION: 3D RENDERING ONLY FOR REPRESENTATION. COLORS AND MATERIALS ARE

SUBJECT TO CHANGE
COPYRIGHT 2021, PUBLIC RESTROOM COMPANY THIS MATERIAL IS THE EXCLUSIVE PROPERTY OF

PUBLIC RESTROOM COMPANY AND SHALL NOT BE REPRODUCED, USED OR DISCLOSED TO OTHERS EXCEPT AS AUTHORIZED BY THE WRITTEN PERMISSION OF PUBLIC RESTROOM COMPANY.

FLOOR PLAN
SCALE: NOT TO SCALE
OPTION ‘B’
Lap Siding

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Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) 19'-10" (ROOF OVERALL)
14'-0" (BUILDING) 8" 8" UTILITY CHASE ELEC. PANEL BC ACC/RR ALL GENDER 4'-6"
5'-4" 8'-8" STORAGE SLAB BY OTHERS 20'-0" (ROOF OVERALL) 9'-4" 9'-4" 8" 18'-8" (BUILDING OVERALL) 8" 10'-0" (MOD-'1') 10'-0" (MOD-'2') DRINKING FOUNTAIN W/ BOTTLE FILLER 4'-0" ACC/RR ALL GENDER BC IRRIG. PANEL 14'-6" (SLAB OVERALL) 19'-2" (SLAB OVERALL)
HD
HD
3 12
12'-10" T.O. SLAB 0'-0" T.O. WALL 7'-4"
3 12 LAP SIDING DRINKING FOUNTAIN W/ BOTTLE FILLER
12'-10" LAP SIDING T.O. SLAB 0'-0" T.O. WALL 7'-4" SLAB BY OTHERS 1 - ELEVATION 1 SCALE:3/16"=1'-0" ELEVATION 2 SCALE:3/16"=1'-0" 2 - FLOOR PLAN SCALE: 3/16"=1'0" OPTION 'B'- LAP SIDING FINISH PROJECT #: MAX. PERSON / HOUR: REVISION # 11193 90SHEET# START 2/1/2022 DATE: DRAWN BY: EOR REVISION DATE:
1 DRAWN BY: C O P Y R I G H T 2 0 2 2 , P U B L I C

R EST R O O M C O M PA N Y T H IS MATERIAL IS THE EXCLUSIVEP R O P E R T Y O F P U B L I CR E S T R O O M C O M P A N Y A N D

SHALL NOT BE REPRODUCED, U S E D , O R D I S C L O S E D T OO T H E R S E X C E P T A S

AUTHORIZED BY THE WRITTEN
P E R M I S S I O N O F P U B L I CR E S T R O O M C O M P A N Y . ~NOT FOR CONSTRUCTION ~ PRELIMINARY DESIGN DRAWING ONLY ~ DO NOT SCALE, DIMENSIONS PRESIDE PROJECT: BUILDING TYPE:

S KOTATE PARK COTATI, CA RESTROOM / STORAGE BUILDING PROJECT REF#: 11193-2/15/2022-1 2/15/2022 EOR 9.A.a Packet Pg. 44
Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom)

Date:

Bldg Size:

Type of Bldg:

CAP BEAM
Fascia 2x6 KD SPF Wrapped With 16 Ga Formed Steel (LVR) Entire Building Ceiling (LVR) KD T&G Select Deck --- Stained, 716 Cedar Tone ITEM
Metal Sales Image II 26 GA 26 GA SSM, Metal Sales Image II Standing Seam With 12" Striations W/Ice & Water

DESCRIPTION

ROOF SYSTEM
Mechanical - To Cap Beam Block filler & paint To Cap Beam Mechanical - Above Cap Beam Painted OSB Above Cap Beam
Restrooms - Above Cap Beam Cedarmill, Vertical Above Cap Beam Restroom Block Filler & Epoxy Paint To 1st Block Course ROOM
Restrooms Below Cap Beam Block filler & paint To Cap Beam

FINISH HEIGHT

WALL FINISHES - INTERIOR
Vents SS Wire Mesh Stainless Steel Wire Mesh
Porch Truss Metal Truss and Posts Gusset Plates
Alcove Precision CMU Painted To Cap Beam
Exterior Paint PPG Exterior Gloss - Colors TBD by client FRC Siding -Above- Cap Beam Cedarmilll, Lap Siding, Horizontal-Allura - Painted Above Cap Beam FRC Siding -Below- Cap Beam Cedarmilll, Lap Siding, Horizontal-Allura - Painted To Cap Beam Cap Beam Cap Beam, Steel Tube, Painted
TYPE
CMU Uncoated To Cap Beam

FINISH HEIGHT

WALL FINISHES - EXTERIOR

WALL SYSTEM

BUILDING WALLS HEIGHT
Building Walls Height 7'4"

EXTERIOR WALLS - CMU BLOCK TYPE AND COLOR ROWS
Precision Exterior 4" CMU Precision Gray All
Site Address:

City, State, Zip: Cotati, CA 94931

SPECIFICATIONS
Project #: 11193B
Project Name: Kotate Park

FLOOR SYSTEM
Entire Building

ROOM/ITEM
2/24/2022
See Drawings
PS-022-CE-DF
Restroom
Light Broom Finish Concrete Pad

TYPE OF BUILDING
Construction Type
LVR Wood framed walls above cap beam, plank & beam roof structure - 1" x 1" x 3/16" S.S. vents [typically 2 each per corner]
Entire Building Floor Coating with Skid Resistant Additive (With Flakes) FINISH

9.A.a
Packet Pg. 45
Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom)

DESCRIPTION
Hose Reel & Hose Hose Reel With 5/8"x75' Garden Hose
Hose Bibb- Interior Acorn #8121-LF - in the Chase
Bladder Tank ProFlo PFXT5, (PRC)/ Amtrol 2 gal (Blazer) - no elect required Water Line Material
Valve Combo (PRV) Valve Combo with Pressure Reducing Valve Copper (Std)
Tempered Water to Lavs Thermostatic Mixing Valve, Acorn Model # ST70-12 Water Heater Stiebel DHC-E8 1-2 lavatories

FIXTURE/PART DESCRIPTION

PLUMBING GENERAL
Metering Faucet Single Hole Metering Faucet, Chicago Model # 333-E2805-665PSHABCP - Tempered Floor Drains: W/Trap Primer Floor Drain Zurn # ZN460-2NH-5B W/Strainer / With Trap Primer Lever (Std) - Toilet Flush Valve Zurn W.C. Flush Valve 1.28 Ga Zurn # Z6143AV-HET-7L-BG Bottle Filler Acorn BF3 Series, Type 316 SS Bottle Filler, # A0000000-BF3-316SS Drinking Fountain (Murdock) Acorn GS Series, Wall Mount Drinking Fountain, # GSE64-FG-316SS- Dual Lavs - Stainless Steel Rear Connect Acorn # 1652LRB-1-DMS-03-M-316SS Toilets - Stainless Steel Acorn # 1675 W-1-HET 1.28 GPF-FVBO-ADA-PFS-316SS

PLUMBING

FIXTURE/PART DESCRIPTION
Soap Dispenser PRC Proprietary Tank
W/Thru Wall Valve Thru Wall Valve ASI #353

ITEM MANUFACTURER/DESCRIPTION
Utility Hook (Standard) Utility Hook, Bright Finish, Bobrick # B-670-PRC or Franklin Brass 5501 for Blazer Hand Dryer Fastaire HD03S Hand Dryer (Short)
Koala Cream Koala (Horizontal) KB-200-00 Cream Cream
3-roll Toilet Paper Holders Royce Rolls TP-3 Stainless Steel Signage
Grab Bars Grab Bars Stainless Steel
Door/Wall Signs Polished Aluminum & Blue
Aluminum Louvers (Chase Std) Louver Sunvent Industries Model #157 Polished Aluminum ITEM

RESTROOM ACCESSORIES

MANUFACTURER/DESCRIPTION FINISH
Magnetic Locks (Securitron) Securitron M62 With BPS 1 AMP Power and DT-7 Timer PB-5 SPN-5455 English/Spanish Button (Std) Ives Crash Chain (Standard) Ives Crash Chain, # CS11526D20, US26D, 20.5, Crash Stop Chase Door Threshold (No Tile) Threshold Fluted Saddle Mill Finish Alum, 4" Wide #270A36 All Door Sweeps Pemko Door Sweep 321SSN36" Chase
Weather Strip Pemko Perimeter Gasketing (3' x 7' Door) # 303-C-S-3684 Chase Door Closer
Pull Plates

ITEM LOCATION
Rockwood-VRT24 "Z" (Standard w/Anti-Microbial) (Std)
LCN Closer, Model # 4211 Cush Arm (for Out Swing Door) Restroom Deadbolt SCHLAGE B600 series temporary large format core (std) ITEM
Hollow Metal Doors Hollow Metal: Galvanized 14 GA. Door w/ 14 GA Frame Continuos Hinge

DOORS - HARDWARE

DESCRIPTION

9.A.a
Packet Pg. 46
Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) 100 amp Single Phase -

RECEPTACLES/SWITCHES, HEATERS, FANS, HVAC, LIGHTED SIGNS

ITEM DESCRIPTION LOCATION
GFCI Chase
Single Pole (Any Other Location) Chase
Receptacles
Emergency Exit Sign Lithonia LHQM *need one for each door Emergency Light Lithonia ELM2L Led 2 Head Led Emergency Light (Mechanical Room) Switches
Switches By Pass By Pass (To By Pass OCC Sensors) Chase Chase Lights C) Green AL-42L (large Chase)Waterproof 36 Watts Exterior Lights W) Luminaire, AEL-12 (Dark Sky Compliant) 20" long 10 Watts Lighting Control -Exterior- Photo Cell Intermatic Photo Control #EK4336S Interior Lights W/C) Luminaire, Swoop Series SWP1212-OP-BRZ-OCC 15 Watts Lighting Control -Interior- Light Fixture Integraded Occupancy Sensor (OCC) ITEM
Breakers Plug on (QOD)

LIGHTING
DESCRIPTION (W=WALL, C=CEILING)
Electrical Panel

ELECTRICAL

ITEM DESCRIPTION
120/240 v 20 Circuits

9.A.a
Packet Pg. 47
Attachment: Public Restroom Company Bid for Kotate Park (Award of Kotate Park Restroom) Contents

1. Process – Start to Finish

2. Romtec Scope of Materials Supply

3. Delivery, Storage, and Handling

4. Warranty and Limitations

5. Scope of Supply and Services by Others

6. Budgetary Pricing
Preliminary
Scope of
Supply and
Services
Building Supply Only
Project: Kotate Park
Customer: Integra Design
Location: Cotai, CA
Date: 7/13/2022

Page 1 of 5 ends

Section 1 below is an outline of the scope of products and services that will be included as part of the Romtec building package. Section 2 below is an outline of the scope of work for the installer to complete installation.

Section 1 – Romtec Scope

1.Process – Start to Finish
Below is an outline of Romtec’s process for designing, producing, and delivering the building kit(s). This process may require the customer to release Romtec to begin production prior to receipt of final building permit(s).

A. Romtec Provides a Quote/Proposal

1. Customer will have 30 days to place a purchase order after receipt of the Romtec quote.

2. If the customer has not placed a purchase order within the time above, Romtec reserves the right to update pricing.

3. Romtec’s Quote/Proposal will include Credit Application and Project Information forms.

4. Depending on the nature and complexity of the project, Romtec’s Quote/Proposal may also include a proposed payment schedule. Otherwise, a proposed schedule will be provided in the next step.

B. Customer Provides Signed Purchase Order, Completed Credit Application, and Completed Project Information form

1. Romtec and the customer will finalize the agreed payment schedule.

C. Romtec provides the full Scope of Supply and Design Submittal package (SSDS)

1. Romtec provides the SSDS in Romtec’s standard electronic submittal format.

2. The SSDS will include the building plan view and elevation drawings, product data sheets, and further details of the Romtec building. The SSDS supersedes this preliminary scope letter.

D. Customer reviews and comments on the SSDS

1. At this time, the SSDS should also be provided for review and comment by any other relevant entities, such as an end owner, installer, electrician, utility company, etc.

2. The SSDS typically does not contain final sealed plans and is NOT intended for review by the local building department (or other permitting authority) at this time.

3. Customer will have 45 days from purchase order date to approve the SSDS.

E. Customer Approves the SSDS and releases Romtec to begin production

1. The customer approves the SSDS and releases Romtec to begin production by signing the submittal approval and Notice to Proceed on Production (NTP) forms included in the SSDS. Romtec cannot begin production without a signed NTP form.

2. The customer’s approval of the SSDS is approval of the general building layout and relevant products/ materials. Romtec will provide sealed plans only AFTER the SSDS is approved.

3. Customer will have a maximum of ninety (90) days from the purchase order date to provide NTP.

If the 90-day approval deadline is missed, Romtec reserves the right to update pricing at any time.

F. Romtec provides the Full Sealed Plan Set

1. After the customer has approved the SSDS, Romtec will provide the customer with the Full Sealed Plan Set for review by the local building department (or relevant permitting authority).

2. The Full Sealed Plan Set will include all relevant calculations, and all architectural, mechanical, structural, electrical, and plumbing plan sheets stamped by an architect or engineer licensed in the state where the project is located.

3. Romtec’s standard plan size is 11”x17”.

G. The local building department reviews and comments on the Romtec plans

1. Romtec will revise and resubmit the Full Sealed Plan Set per comments from the local building department (or relevant permitting authority).

2. Romtec includes one revision of the Full Sealed Plan Set in response to building department comments. Any comments that result in revisions of the sealed plans may result in a price increase, especially if they affect items that are already in production.

H. The local building department approves the revised Romtec plans

1. Romtec will provide up to two (2) sets of the final, approved, for-construction plans.

2. Romtec will complete production/manufacturing of the building package per the final approved plans.

I. Romtec delivers the completed building package

1. Romtec will package and palletize the completed building package, and then coordinate with the customer to deliver the package to the jobsite for construction by the installer.

2. Romtec’s warranty period begins.

Page 2 of 5 ends

2.Romtec Scope of Materials Supply
A. Structure

1. Romtec’s proposal includes the specific color selections noted below. Deviation from these may result in a price increase.

2. The following building package structural items will be supplied by Romtec. a. Concrete Masonry Units - CMU
i. Exterior walls will be constructed of smooth-face, mortar joint, concrete masonry units (concrete blocks).
ii. Block color will be gray.
b. Exterior finish shall be fiber cement lap siding.
c. Sanitary tile cove base on interior restroom walls.
d. Wire weave gable vents for natural ventilation.
i. Vents are powder coated black.
e. Doors, frames and hardware
i. Doors and frames are powder coated black.
ii. Stainless steel, ball bearing hinges.
iii. Heavy duty door closers.
iv. Doors to have stainless steel kick plates and aluminum thresholds and sweeps. v. Grade 2, lever locks with latch guard.
vi. Restroom doors to have magnetic locking system.
f. Roofing materials
i. Glulam beams
ii. 2x6 tongue and groove decking.
iii. Steel truss and post roof extension.

1. Steel components are powder coated black.
iv. Roofing will be Fabral, 26-gauge, Horizon 16 standing seam roof panels.

Note: Roofing color shall be selected by the owner from the manufactures standard color chart.

B. Plumbing Fixtures and Accessories

1. The following items relative to the fixtures will be supplied by Romtec:
a. Wall mount, stainless steel toilets with manual lever flush valves. b. Wall mount, stainless steel sinks with single, chrome, push button faucets. c. Wall mount, stainless steel 3-roll toilet paper dispensers. d. Wall mount, stainless steel paper towel dispensers.
e. Wall mount, stainless steel automatic soap dispensers. f. Mop sink with faucet, holder and guard located in the mechanical room. g. Surface mount, stainless steel, bi-level drinking fountain with bottle filler.

C. Electrical Fixtures

1. The following electrical fixtures will be supplied by Romtec:
a. Exterior lighting
i. Wall mount, LED wall pack light fixtures with built-in photocell. b. Interior lighting
i. 48” ceiling mount LED light fixtures.
ii. Light controlled by motion sensor.
c. Multiple lav tankless, electric water heater.
d. Wall mount, Xlerator hand dryers.
e. Main breaker panel sized for the building components. i. 100 amp, single-phase, indoor.

3.Delivery, Storage, and Handling
A. Delivery Vehicle Size

1. Romtec’s delivery vehicles are vans or trucks with 53’ trailers, or the largest trailer up to 53’ that is legally allowed to access the job site. Overall dimensions of the delivery vehicles are:
a. 70’ overall length
b. 102” wide
c. 168” high

Page 3 of 5 ends

B. Number of Deliveries

1. Romtec bases its freight quote on the optimal minimum number of deliveries. If the customer elects to increase the number of deliveries, it may result in additional freight charges.

2. Regardless of the number of deliveries, the customer is responsible for all offloading and related costs.

C. Delivery inspection

1. Romtec allows for five (5) business days for the customer to inspect and accept the delivered building package.

2. Any items not specifically rejected after five days are considered accepted.

4.Warranty and Limitations
A. Warranty

1. Please review the Romtec warranty by clicking the link below:
https://romtec.com/wp-content/uploads/2022/03/4.01-Romtec-Warranty-2-28-22.pdf B. Disclaimers

1. Romtec passes along the manufacturer’s warranty for metal roofing. Most metal roofing manufacturers intend for their roofing to be installed immediately upon delivery from the factory; otherwise, most have special storage requirements to validate their warranty. All project circumstances are different, and because Romtec cannot guarantee that metal roofing is installed within the timeframe allowed from the manufacturer or that the metal roofing will be stored at the jobsite according to the manufacturer’s requirements, Romtec does not include metal roofing in the overall Romtec building warranty.

2. Smooth face CMU block can have a significant variation in color and texture and should never be used as an architectural finish. Smooth face CMU block should always be either painted or have siding covering it. Romtec does not guarantee uniform color or texture of block, nor claim that any aspect of block color or texture will remain stable over time.

Section 2 – Installer Scope (by others)

5.Scope of Supply and Services by Others
A. Overview
The following section includes an overview of items to be provided by others that are required to complete the installation of the Romtec building package.

1. Items in this section are typically provided by the installer, or, for projects where the installer is separate subcontractor of the general contractor and/or owner, some items are typically provided the contractor.

2. The items below are separated into installer items and contractor items. If the installer and contractor are the same entity, then that entity is responsible for all items in this section.

B. Installer Scope
The installer’s scope will generally consist of foundation/pad construction and building package assembly/construction.

1. Structural
The following structural components will be provided by the installer:
a. All materials, equipment and labor for footings and interior slabs. b. Latex epoxy paint wall finish.
c. Caulking.
d. Concrete sealant for floor and CMU block exterior.
e. Masonry (concrete) grout and rebar
f. The installer may be required to notch CMU block for bond beams, cut full blocks to create half blocks and grind blocks for fixture mounting purposes.

Note: Romtec is not responsible for any cost or installation delays associated with this CMU block modification work.
g. Sealant for all exposed wood.

Page 4 of 5 ends

h. Typical fasteners such as nails, staples, and screws, and any other fasteners not included in product packaging.
i. Fiber cement siding is primed to be painted on-site by installer.

2. Plumbing
The following plumbing components will be provided by the installer. a. Plumbing rough-in, installation and trim within 10’ of the building footprint will be by the installer.
b. All water and sewer piping and floor drains within the building footprint are provided by the installer.

3. Electrical
The following electrical components will be provided by the installer. a. Electrical rough-in, installation and trim within 10’ of the building footprint will be by the installer.
b. All switches and outlets that are not included with electrical products are provided by the installer.

4. Other materials, equipment, and services
The following materials, equipment, and services are provided by the installer. a. Building package installation
b. All other items within the building footprint indicated on final plans or required by building codes to complete installation of the building package which are not specifically stated as supplied by Romtec or by others.

C. Contractor Scope
The contractor’s scope will generally consist of site preparation and grading, excavation for structures, backfill and/or structural backfill, and any site work or utility work outside the building package footprint.

1. Structural
The following items relative to the structural components will be supplied by the contractor:
a. All materials, equipment and labor for exterior slabs and sidewalks. b. If required, design and supply of gutters and downspouts is by the contractor or others.

Romtec can show basic gutters and downspouts on the plans upon request.

2. Plumbing
The following plumbing components will be provided by the contractor. a. Incoming plumbing utilities to within 10’ of the building exterior will be by the contractor. b. All water and sewer piping, drains, and valves external of the building footprint are provided by the contractor.

3. Electrical
The following electrical components will be provided by the contractor. a. Incoming electrical utilities to with 10’ of the building exterior are provided by the contractor.
b. Electrical meter base and meter are provided by the contractor.

4. Other materials, equipment, and services
The following materials, equipment, and services are provided by the contractor. a. Site grading and/or asphalt
paving
b. Masonry pavers
c. Branch circuit breakers
d. Fire alarm & fire
suppression equipment
e. Gutters and downspouts
f. Lighting equipment not
attached to the building
g. Backflow check valves &
drain valves
h. Freeze protection
i. Landscaping
j. Special inspection services
k. Permits and fees
l. Site plans
m. Geotechnical reports
D. Delivery, Storage, and Handling

1. The installer and/or contractor will be responsible for all equipment and labor required for offloading of the delivered building package onsite. This includes providing appropriate equipment, including but not limited to a forklift with minimum 8,000 lb. capacity and 6 ft. fork extension.

2. Installer or contractor shall comply with all handling instructions/recommendations provided by Romtec.

3. The installer and/or contractor will assume responsibility for adequate protection of delivered materials from weather, damage, and pilferage or all warranties, expressed or implied may be voided.

Page 5 of 5 ends

4. Do not throw away the Operations & Maintenance manuals that are provided by some manufacturers in their product packaging. It is the responsibility of the installer and/or contractor to collect and maintain these manuals until delivered to the owner.

E. Romtec General Exceptions/Exclusions
The following are items that Romtec does not provide as part of its standard products and services.

1. Site visits by Romtec staff are not included in the proposal.

Note: If site visits are required, Romtec will issue a change order.

2. Unless otherwise stated, Romtec is not proposing to meet any Buy America standard for materials.

3. Romtec’s proposed building design is based on the following standard design loads. These standard design loads are typical for many locations. Local design loads specific to this project may require changes to the building design, which may result in a price increase due to increased material costs.
a. Roof Snow Load: 25 psf
b. IBC Seismic Design Category: C
c. Design Wind Speed: 110 mph
d. Allowable Soil Bearing: 1500 psf
e. Occupancy Type: U
f. Type: VB

4. Any site utility sizing shown on the Romtec plans is either based on design criteria provided by others or based on Romtec’s assumption of the appropriate sizing. Site utility sizing must be confirmed by the customer. Romtec is not responsible for determining or confirming site utility sizing.

5. To ensure timely delivery of the building package amid ongoing and industry-wide disruptions to shipping, parts/materials availability, and lead times, Romtec reserves the right make equivalent or better substitutions at any time for any components that are not specifically required to match an exact brand/model.

6. Romtec does not provide LEED/Green submittals as a standard service. Romtec can assist in providing documentation for products that may meet LEED/Green standards, but Romtec does not provide or fill out LEED credit forms. Unless specifically included in Romtec’s proposal and quote, Romtec does not supply materials with the intent of meeting LEED standards. Any changes due to LEED or Green building requirements will result in a change order and increased lead times.”

7. Any CMU block plan(s) provided by Romtec are only accurate if Romtec supplies the CMU block.

8. All steel fabrication work is performed by qualified fabricators in conformance with engineered drawings. Romtec does not offer third party certification or inspection of steel fabrication work.

Note: Romtec’s scope of work is based on customer acceptance of the terms and conditions of the Romtec quote proposal, which may be attached here or provided separately.

6.Budgetary Pricing
The complete Design and Supply of the pre-engineered building package as defined in the above drawings and Scope of Supply and Services Document:

DISCLAIMER: The Budgetary Estimate is for budgetary purposes only and does not include local taxes. Romtec will not accept any purchase orders based on the budgetary proposal.

Romtec Model 2022 - $165,000-$175,000
Installation ONLY - $210,000-$220,000

9.A.b
Packet Pg. 53
Attachment: Romtec Kotate Park Bid (Award of Kotate Park Restroom)

SYMBOL LEGEND DESCRIPTION AREA/ QUANTITY GABLE VENT
4 INTERIOR WALL LIGHTS2 EXTERIOR WALL LIGHTS3 FLOOR DRAIN3 ELECTRICAL OUTLET 1 C
2 B
2 A
B
C
1 D FLOOR PLAN SCALE: 1/4" = 1'-0" THESE PLAN VIEW AND ELEVATION DRAWINGS ARE A PRELIMINARY ARCHITECTURAL REPRESENTATION OF THE BUILDING. ALL DIMENSIONS, FEATURES AND COMPONENTS SHOWN ON THESE PRELIMINARY DRAWINGS MAY OR MAY NOT BE PART OF THE QUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLY AND SERVICES" LETTER PROVIDED WITH YOUR QUOTE FOR ROMTEC'S PROPOSED SCOPE OF SUPPLY. WALL TYPE SCHEDULE 8" REINFORCED CONCRETE MASONRY BLOCK WALL WITH MORTAR JOINTS, GROUTED SOLID ALL CELLS RUNNING BOND PATTERN. 6" REINFORCED CONCRETE MASONRY BLOCK WALL WITH MORTAR JOINTS, GROUTED SOLID ALL CELLS RUNNING BOND PATTERN. 16'-0" 12'-8" BP
RIDGE 6" WOOD FILLER WALL ABOVE 6" CMU BLOCK WALL 3" VTR HB MECH CONCRETE WALK BY INSTALLER 00/00/15 XXXX TH 2022 1 FLOOR PLANUNISEX UNISEX CONCRETE WALK BY INSTALLER 2x6 WOOD FILLER WALL 2 FD FD FD INTERIOR CEILING LIGHTS 1 9.A.c
Packet Pg. 54
Attachment: Romtec two-user-site-built-restroom (Award of Kotate Park Restroom) D ELEVATION VIEW SCALE: 1/4" = 1'-0" C ELEVATION VIEW SCALE: 1/4" = 1'-0" THESE PLAN VIEW AND ELEVATION DRAWINGS ARE A PRELIMINARY ARCHITECTURAL REPRESENTATION OF THE BUILDING. ALL DIMENSIONS, FEATURES AND COMPONENTS SHOWN ON THESE PRELIMINARY DRAWINGS MAY OR MAY NOT BE PART OF THE QUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLY AND SERVICES" LETTER PROVIDED WITH YOUR QUOTE FOR ROMTEC'S PROPOSED SCOPE OF SUPPLY. FG 12'-8" 00/00/15 XXXX TH 2022 2 ELEVATIONS FG WALL MOUNT LIGHT, TYP 3" VTR FASCIA WIRE MESH GABLE VENT GLULAM BEAMS 4'56411/ 4'56411/ COMP ROOF FG FG 12 5.4 16'-0" 8" x 16" CMU SPLIT FACE CONCRETE BLOCK WALL FULLY REINFORCED RUNNING BOND PATTERN 8'-0"

9.A.c
Packet Pg. 55
Attachment: Romtec two-user-site-built-restroom (Award of Kotate Park Restroom) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR INSTALLATION OF A

NEW PUBLIC RESTROOM AT KOTATE PARK
WHEREAS, after public review and approval of the Parks Capital Plan, in 2020 the City of Cotati selected Kotate Park to begin the City-wide park upgrades and improvements; and WHEREAS, after additional public workshops to refine the concept design for Kotate Park, the City completed the design of the construction drawings for the Kotate Park Revitalization Project, including the addition of a new public restroom; and WHEREAS, the City put the restroom out to bid separately from the general park improvements and received bids from the Public Restroom Company and Romtec; and WHEREAS, it is advantageous to the City to separately bid and award the restroom, to ensure greater control of the final product, expedite this long lead time item to coincide with general park improvements and avoid associated general contractor markups.

WHEREAS, City Staff has reviewed the bids by Public Restroom Company and Romtech, and finds that the bid by Public Restroom Company is the lowest responsive bid; and WHEREAS, the City’s adopted Fiscal Year 22/23 Budget includes $2,210,000 for the Kotatei Park Revitalization Project which includes the restroom as well as the general park improvements; and
WHEREAS, the bid by the Public Restroom Company totals $268,858 and providing a 10% contingency for unexpected manufacturing details or site conditions during installation, the total recommended authorized budget for the restroom is $295,744; and WHEREAS, associated design and construction management support will be included in the general project budget, which will be awarded with the general park improvements award in the near future; and
WHEREAS, this Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Kotate Park Revitalization Project is a minor alteration of an existing facility, 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 Public Restroom Company for an amount of $268,858, and

2. The amount of the restroom budget to be allocated to the Kotate Park Revitalization Project shall be $295,744, and

3. The City Manager is authorized to execute the heretofore mentioned construction Packet Pg. 56
agreement, and any needed change orders to this and other restroom project related agreements up to the authorized budget for the restroom.

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 August 9th, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Packet Pg. 57
Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Relinquishment of St. Joseph Way to the City of Cotati Date: August 09, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution supporting relinquishment of St.

Joseph Way to the City of Cotati and authorize the City Manager to issue a letter of support for the relinquishment
Background
In 2002, the City of Cotati (City) relinquished St. Joseph Way to the State Department of Transportation (Caltrans) for the purpose of constructing an ADA pathway from the St. Joseph Park and Ride to the bus stops on Old Redwood Highway. The City effectuated the transfer through an informal process known as a Section 83 transfer, as permitted under the California Streets and Highway Code. This transfer of right of way was not documented at the City and did not appear on any title searches, so was unknown to the City until recently.

Analysis/Discussion
St. Joseph Way functions as a local street and is separate and disconnected from the State Highway System. Unaware of the Section 83 transfer, the City has continued to maintain the roadway as a local street. With the 2014 transfer of the St. Joseph Park and Ride to the City, it is believed that Caltrans has no further interest in the local street.

California Street and Highways Code, Section 73 et seq authorizes the California Transportation Commission (CTC) to relinquish a portion of a State highway to a city or county, provided certain steps are followed, including a resolution of the City Council consenting to the relinquishment, as well as a letter to the Caltrans District Director requesting the relinquishment of St. Joseph Way back to the City.

Once the relinquishment request is made, it is expected to take at least 6 months for the CTC to relinquish the right of way.

Financial Considerations

9.B
Packet Pg. 58
The City has continuously maintained this roadway, so no additional financial impacts are anticipated. The relinquishment from one governmental agency to another for the same public use does not typically require payment.

Environmental Issues
This action is not a project under the California Environmental Quality Act because the action is an administrative activity that will not result in a direct or indirect physical impact on the environment; the City Council does not have final authority over the relinquishment, and future actions by the state are required to relinquish the highway segment.

Attachments:

Section 83 Transfer (PDF)

9.B
Packet Pg. 59

9.B.a
Packet Pg. 60
Attachment: Section 83 Transfer (Reliquishment of St. Jospeh Way)

9.B.a
Packet Pg. 61
Attachment: Section 83 Transfer (Reliquishment of St. Jospeh Way) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI REQUESTING RELINQUISHMENT OF ST. JOSEPH WAY AND APPROVING A LETTER TO REQUEST THAT CALTRANS RELINQUISHES ST. JOSEPH WAY.

WHEREAS, in 2002, the City of Cotati (City) relinquished St. Joseph Way to the State Department of Transportation (Caltrans) for the purpose of constructing an ADA pathway from the St. Joseph Park and Ride to the bus stops on Old Redwood Highway; and WHEREAS, the City effectuated the transfer through an informal process known as a Section 83 transfer, as permitted under the California Streets and Highway Code; and WHEREAS, this transfer of right of way was not documented at the City and did not appear on any title searches, so was unknown to the City until recently; and WHEREAS, St. Joseph Way functions as a local street and is separate and disconnected from the State Highway System; and
WHEREAS, unaware of the Section 83 transfer, the City has continued to maintain the roadway as a local street; and
WHEREAS, given the 2014 transfer of the St. Joseph Park and Ride to the City, it is believed that Caltrans has no further interest in the local street; and WHEREAS, the City requests that Caltrans relinquish St. Joseph Way back to the City to continue to function as a local street, with the City continuing to be responsible for maintenance; and
WHEREAS, California Street and Highways Code, Section 73 et seq authorizes the California Transportation Commission (CTC) to relinquish a portion of a State highway to a city or county, provided certain steps are followed; and
WHEREAS, the City of Cotati agrees that the relinquishment will be for transportation use; and
WHEREAS, the City needs to issue a letter to the Caltrans District Director requesting the relinquishment of St. Joseph Way back to the City; and WHEREAS, the City Council must also consent to the relinquishment by resolution before the CTC may relinquish a portion of any State highway to the City; and WHEREAS, Caltrans must perform a cost-benefit analysis and then, if deemed a benefit, negotiate terms of relinquishment that are presented to the CTC for consideration; and Packet Pg. 62
WHEREAS, this action by the City Council is not a project under the California Environmental Quality Act because the action is an administrative activity that will not result in a direct or indirect physical impact on the environment; the City Council does not have final authority over the relinquishment, and future actions by the state are required to relinquish the highway segment.

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

1. Requests and consents to the relinquishment of St. Joseph Way to the City in its as-is condition, as allowed under Section 73 et seq. of the California Streets and Highway Code; and

2. Authorizes the City Manager to send a letter, in substantially the form attached, to request Caltrans to initiate the relinquishment process for St. Joseph Way and take any further actions as necessary to facilitate the relinquishment.

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 August 9th, 2022, by the following vote, to wit:

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

Letter requesting relinquishment of St. Joseph Way (DOCX) Packet Pg. 63
(On City Letterhead)
August 9, 2022
Dina El-Tawansy
District Director
Department of Transportation (Caltrans), District 4
111 Grand Avenue/ Mail: P.O. Box 23660
Oakland, CA 94623-0660
SUBJECT: REQUEST FOR RELINQUISHMENT OF ST. JOSEPH WAY, COTATI Dear Ms. El-Tawansy:

This letter is to serve as a formal request of relinquishment of St. Joseph Way, located in the City of Cotati, for continued use as a local public street.

In 2002, the City of Cotati (City) transferred St. Joseph Way to Caltrans through a Section 83 transfer. At the time, Caltrans apparently requested the roadway to build an accessible pathway from the Caltrans St. Joseph Way Park and Ride to the nearby bus stops on a local street. It’s unclear if Caltrans ever moved forward on the pathway project, but St. Joseph Way was not relinquished back to the City. The City, unaware of the transfer until recently, has continued to maintain St. Joseph Way as a city street.

As part of a broader redevelopment effort in downtown Cotati, in 2014 Caltrans transferred the sparsely used St. Joseph Way Park and Ride to the City through a Functional Replacement Agreement. In essence, this agreement required the City to replace most of the parking spaces in high use locations along the US 101 corridor when the City takes the spaces at St. Joseph Way out of operation for redevelopment. The design of the replacement facilities complete and the encroachment permit has been issued to begin construction. Concurrently, the City is about to begin redevelopment of the St.

Joseph Park and Ride and the surrounding areas, and is requesting that Caltrans formally relinquish St.

Joseph Way back to the City.

Attached is an exhibit showing St. Joseph Way, as well as a copy of the signed resolution of the City Council requesting relinquishment of the roadway in its as-is condition.

Thank you for your attention to this request. Please me contact at [email protected] or 707-665- 3622 regarding next steps and any additional information required.

Sincerely,

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Attachment: Letter requesting relinquishment of St. Joseph Way (Relinquishment of St. Joseph Way) Damien O'Bid
City Manager

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Attachment: Letter requesting relinquishment of St. Joseph Way (Relinquishment of St. Joseph Way) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR
To: City Council
Subject: Data Watch Service Agreement with KLH Consulting, Inc Date: August 09, 2022
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council adopt a motion authorizing the City Manager to execute an amendment to the agreement with KLH Consulting, Inc, to maintain, monitor and secure the City's network infrastructure from August 1, 2022 to June 30, 2026.

Background
KLH Consulting, Inc. is an Information Technology consulting company based in Santa Rosa, CA with over 40 years of experience providing professional IT services. The City initially contracted with KLH for Datawatch services in 2015 and has continued leveraging their capacity as our independent third-party IT consultants.

Analysis/Discussion
The attached scope of work includes all the elements necessary to manage the City’s current fixed and mobile IT infrastructure. KLH will continue to function as a “virtual” IT department for the City. The proposed scope of work includes “Help Desk” support, as well as rolling on-site support time at a reduced cost. These should meet the needs of the City and control costs, which will be re-evaluated at the end of the contract term.

Monitoring
Data Watch actively monitors critical devices and services and will generate notifications when network events occur outside normal parameters. Active monitoring of critical network components can dramatically reduce or eliminate computing problems while maximizing the

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speed, performance, and stability of your network.

Network monitoring will be performed 24x7 via an installed device software agent and/or a KLH-provided Windows network monitor (called a “probe”). The agents/probes are configured to monitor specific network parameters to detect and report problems before they escalate to system downtime, data loss or expensive repair issues. Items that will be monitored include:
• Server and Workstation operation and performance
• Hardware integrity
• Storage space
• Data backup job success
• Firewall status and security (for available technologies) • VPN tunnels (for available technologies)
• Anti-virus protection (for available technologies)
• Uninterruptible Power Supply (UPS) monitoring
The quantity and type of devices proposed to be monitored on Customer’s network are identified in the Cost Proposal section. Any changes to network devices to be monitored will be reviewed and approved by Customer’s management prior to implementation of service and will be subject to any manufacturer-imposed limitations.

Maintenance and System Administration
The Data Watch team maintains specified network devices and applies software patches and security updates, clears temp files, defragments disks, tests backup operation, and optimizes hardware configurations.

System maintenance includes both hardware and software components and will be performed remotely, monthly, unless otherwise stated in the Cost Proposal section.

KLH will perform monthly Remote Server/Infrastructure Maintenance including:
• Install approved Microsoft Critical Updates and Patches • Scan and detect Malware (as required)

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• Review automated virus definition update process
• Remove temp files on servers
• Defragment servers
• Review and update firewall access policies
• Apply proper firmware updates and patches to firewalls, routers, and switches • Check the health of peripherals, such as UPS(s)
• Review hard drive space, memory, and CPU utilization for failure or problems and optimize configuration
• Ensure backups are running properly without errors and perform a test file restore • Update third-party plug-ins and utilities (such as Adobe Reader, Java, Shockwave, etc.) • Apply proactive scripts to auto heal known issues and to address pre-failure trends • Apply policy scripts to assure KLH best practice standards (when reviewed and approved by Customer)
KLH will perform monthly Remote Workstation Maintenance including:
• Install approved Microsoft Critical Updates and Patches • Check for Virus definitions, history, and quarantine (1-3 times per week) • Defragment hard drives on Windows Operating Systems
KLH will perform ongoing system administration & tuning as required throughout the month to maintain performance levels consistent with current operations.

KLH further provides physical system updates and infrastructure upgrades based on best practices. An inventory of hardware systems is managed and scheduled for timely replacement prior to obsolescence. The proposed replacements for Fiscal Year 2022/23 are estimated at an amount not to exceed one hundred and five thousand ($105,000). This increase in replacement cost is primarily due to over eighty thousand ($80,000) in server and switch replacements due to the age and discontinuance of support for equipment. After fiscal year 2022/23 the project and subscription services are expected to reduce to an amount not to exceed $40,000 based on replacement of existing computers, maintenance of hardware service warranties, and as needed special projects.

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Financial Considerations
For fiscal year 2022/23 the not to exceed total for this agreement is $83,000 for DataWatch Services and $105,000 for Procurement and Subscription Services. These balances are currently included within the proposed budget and as such no budget amendment is deemed required.

Subsequent years will be budgeted at $83,000+CPI for DataWatch Services and $40,000+CPI for Procurement and Subscription Services. These efforts are managed with an allocated contract and applied across the General Fund and Enterprise Funds based on the budgeted full time equivalent (FTE) allocation for the budget year.

Environmental Issues
Not applicable.

Attachments:

Proposed KLH Revised Scope of Work August 2022 (PDF)
PSA AMENDMENT - KLH 2022 (PDF)

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KLH Consulting, Inc.
2324 Bethards Drive
Santa Rosa, CA 95405
DataWatch Standard Agreement City of Cotati
Damien O'Bid | August 1, 2022
Prepared By: Stephanie Garzoli

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) Confidential | KLH Consulting 2 of 11

INTRODUCTION
KLH Consulting, Inc. is pleased to present this proposed DataWatch Service Agreement (hereinafter referred to as the “Agreement”) to City of Cotati (hereinafter referred to as “Customer”). The purpose of this Agreement is to detail the objectives, procedures, identification of responsibilities, and estimated fees as they pertain to services being proposed by KLH.

DataWatch is designed to maintain, monitor, and secure Customer’s critical network infrastructure components that if left unmaintained, underperforming or inoperable, will ultimately affect a Customer’s ability to conduct business.

DataWatch includes tailored services in these areas.

MONITORING, MAINTENANCE & SYSTEM ADMINISTRATION
Monitoring
DataWatch actively monitors critical devices and services and will generate notifications when network events occur outside normal parameters. Active monitoring of critical network components can dramatically reduce or eliminate computing problems while maximizing the speed, performance, and stability of your network.

Network monitoring will be performed 24x7 via an installed device software agent and/or a KLHprovided Windows network monitor (called a “probe”). The agents/probes are configured to monitor specific network parameters to detect and report problems before they escalate to system downtime, data loss or expensive repair issues. Some of the items that can be monitored include:
• Server and Workstation operation and performance
• Hardware integrity
• Storage space
• Data backup job success
• Firewall status and security (for available technologies) • VPN tunnels (for available technologies)
• Anti-virus protection (for available technologies)
DataWatch
Account
Management
Oversight
Monitoring,
Maintenance,
& System
Administration
Issue
Support
(Customer
Response
Center &
Onsite)
Security
(Anti-Spam &
Anti-Virus)

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
Confidential | KLH Consulting 3 of 11
• Uninterruptible Power Supply (UPS) monitoring
The quantity and type of devices proposed to be monitored on Customer’s network are identified in the Cost Proposal section. Any changes to network devices to be monitored will be reviewed and approved by Customer’s management prior to implementation of service and will be subject to any manufacturer-imposed limitations.

Maintenance and System Administration
The DataWatch team maintains specified network devices and applies software patches and security updates, clears temp files, defragments disks, tests backup operation, and optimizes hardware configurations.

System maintenance includes both hardware and software components and will be performed remotely, on a monthly basis, unless otherwise stated in the Cost Proposal section.

KLH will perform monthly Remote Server/Infrastructure Maintenance including:
• Install approved Microsoft Critical Updates and Patches • Scan and detect Malware (as required)
• Review automated virus definition update process
• Remove temp files on servers
• Review and update firewall access policies
• Apply proper firmware updates and patches to firewalls, routers and switches • Check the health of peripherals, such as UPS(s)
• Review hard drive space, memory, and CPU utilization for failure or problems and optimize configuration
• Ensure backups are running properly without errors and perform a test file restore • Update third-party plug-ins and utilities (such as Adobe Reader, Java, Shockwave, etc.) • Apply proactive scripts to auto heal known issues and to address pre-failure trends • Apply policy scripts to assure KLH best practice standards (when reviewed and approved by Customer)
KLH will perform monthly Remote Workstation Maintenance including:
• Install approved Microsoft Critical Updates and Patches • Check for Virus definitions, history, and quarantine (1-3 times per week) • Defragment hard drives on Windows Operating Systems
KLH will perform ongoing system administration & tuning as required throughout the month to maintain performance levels consistent with current operations.

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
Confidential | KLH Consulting 4 of 11

ISSUE SUPPORT
KLH Consulting will provide support services to Customer through a phone-based Help Desk and remote or onsite support for server or desktop issues as needed. KLH will assign and maintain a team of qualified consultants for the Customer’s network environment.

Customer will have access to KLH’s Consultants during normal business hours - Monday through Friday from 8:00 AM to 5:00 PM (excluding holidays) by dialing 707.575.9986, via email or through your customer portal (more details available upon request).

Help Desk
Customer may receive phone support and assistance to resolve IT problems they are experiencing by dialing 707.575.9986. This is the first point of contact for Customer for all IT issues. Access to Support Specialists is included as part of the monthly fee listed in this proposal.

The Support Specialists assist with general network questions & troubleshooting, printing, virus detection, new user setup, and Microsoft Operating System or Microsoft Office issues and Microsoft Office 365 issues. If a user’s issue cannot be resolved within the first 30-minutes, the ticket may be escalated to the Account Specialist assigned to Customer’s account if required.

Service Level Targets
The Help Desk service level targets during normal business hours are:
• Response to issues reported by phone, email or via portal within 1 hour Remote/Onsite Support
KLH Consultants are available upon Customer’s request to resolve issues escalated from the Help Desk, through alerts and issues discovered as part of the Maintenance and Monitoring service, or break/fix issues. Customer’s ticket will be assigned a severity and priority code before being escalating to dispatch for scheduling.

Rates
Based on the issue, a Consultant will be deployed to resolve issues either remotely or onsite.

Minimum support times, travel time plus mileage will apply. Services will be billed at KLH’s then current bill rates.
* Note: Travel is billed at 50% of the hourly rate. Mileage is billed at current IRS rates.

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
Confidential | KLH Consulting 5 of 11
After-Hours Emergency Support
After-hours emergency support is defined as technical assistance performed either onsite or via remote network access to address a user’s issue and/or a server or network problem outside of KLH Consulting’s normal business hours (see above). Each incident must be approved by a duly authorized Customer representative. Minimum support times, travel time plus mileage (as appropriate) and premium rates apply (see below).

To receive support outside normal business hours, Customer must call our after-hours service line at 707.571.7012 and ask that our on-call consultant contact you.

Type Time (hours) Rate/hour
Remote
Support
Minimum 1 hour per incident.

Additional time is charged in 15 minute
increments
Time & ½ *
Onsite
Support
Minimum 4 hours per incident.

Additional time is charged in 15 minute
increments (including travel time)
Double Time *
* Based on current hourly rates
KLH will follow the conditions below when calculating time spent on Customer’s after-hours ticket. • Prior to using this service Customer must identity the individuals authorized to approve emergency support.
• Clock starts when the Customer authorizes KLH to act. • Mileage to Customer premises is computed round-trip.
• An incident is defined as a single technical issue that results in a request for after-hours emergency support.

ACCOUNT MANAGEMENT OVERSIGHT
The goal of DataWatch is to not only provide a lower-cost means to perform routine monitoring, maintenance, backup and security functions, but to also transfer in part management and oversight of Customer’s IT network to KLH to enable Customer to focus on its’ business while KLH takes care of the network. KLH will assign an Account Manager to oversee your account. This individual will be your primary point of contact and will work with the KLH technical team assigned to your account to:
• Assure that KLH understands Customer business requirements and provides appropriate IT services and solutions to support those requirements • Rollout the managed service offerings anticipated herein • Conduct routinely scheduled DataWatch meetings, as more fully described below, to develop IT strategies and plans to support Customer’s business • Create project plans, coordinate project delivery and the successful completion of projects as outlined in Statements of Work and/or quotes
• Prepare annual IT budget recommendations including renewals, recurring costs, and project estimates
• Assure that KLH creates and maintains documentation of the current network state

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
Confidential | KLH Consulting 6 of 11
• Evaluate Customer’s Customer Response Center tickets to evaluate cause and trends and to suggest possible solutions
• Assure Service Level Targets are being met
• Perform routine audits of systems and software to maintain current performance levels • Prepare change management documentation and manage system change process to minimize risk associated with network changes
• Respond to technical queries and advise Customer’s internal IT management as needed • Day-to-day management of the Customer network, data, email, desktops and phones DataWatch Meetings
The Account Manager will conduct scheduled DataWatch meetings with Customer to:
• Discuss Customer’s business initiatives, facilities changes, departmental changes, pending moves, and other changes affecting Customer business
• Facilitate IT planning and to identify opportunities for IT to positively impact Customer business objectives
• Introduce new technologies and network trends to move Customer forward in its objectives
• Identify and prioritize ongoing and future projects
• Review agreed upon long-term IT objectives and progress toward objectives • Provide status updates on mid and short-term projects and initiatives • Review network performance trends reported by KLH and discuss any recommendations that require Customer review and approval
• Review network health and assess trends in performance. Provide information on steps KLH is taking to reduce incidents, and discuss any recommendations that require Customer review and approval
• Review reports as necessary to illustrate overall performance and availability of the network based on data collected from monitored devices. Reports will include metrics associated with servers (i.e., CPU utilization, memory utilization and disk space utilization) and can also provide an understanding of bandwidth available for network traffic

ENHANCED NETWORK SECURITY
Customer’s need for enhanced Network Security Services will be evaluated. Should such services, which include: data loss prevention (DLP); intrusion prevention and detection (IPS/IDS), threat emulation, threat extraction and application management be advisable, KLH will recommend such to Customer and provide an agreement for these additional services.

Anti-Spam Solution
The hosted anti-spam service will reduce spam and protect against many unwanted attachments which may introduce viruses, spyware, phishing schemes, identity theft, and other dangerous or undesirable content. This service provides a layer of protection of email against possible attacks. As an added benefit, mail is provided via a portal should Microsoft Office 365 be unavailable.

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
Confidential | KLH Consulting 7 of 11
Endpoint Protection Solution
Endpoint Detection and Response (EDR) offers attack remediation, cleaning all artifacts of a malicious attempt, including registry, scheduled tasks and more, while Rollback Revert returns an endpoint its pre-infected state. Upon detection, EDR can immediately stop lateral threat spread cold by disconnecting the infected endpoint from the network while still maintaining the agent’s connection to the management console.

Multi Factor Authentication
Multi-factor authentication is an electronic authentication method in which a user is granted access to a network, application or web based software only after successfully presenting two or more pieces of evidence to an authentication mechanism.

Phish Testing
Monthly phish tests will be set up and delivered to users to provide training regarding phish attempts. For users who act on “phishes”, access to training is provided.

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
Confidential | KLH Consulting 8 of 11

PROPOSED FEES
The proposed DataWatch fees below are “best estimates” based on the information KLH has received from Customer. All future program requirements are subject to change. If upon KLH accessing the Customer’s network, KLH discovers additional devices with unsupported operating systems or that the network does not conforming to best IT practices, KLH will advise customer of additional required services and costs. Any DataWatch modifications will be proposed to Customer and require Customer approval.

The above fees do not include fees for projects, Moves, Adds & Changes (MACs) or scheduled onsite support beyond the hours specified above. These additional services are available on a Time and Materials basis and will be quoted and approved by Customer prior to commencement of work.

Program Scope

MAINTENANCE
Devices Quantity Devices Quantity
Servers 10 Servers - Monthly 10
Workstations 47 Workstations 47
Firewall 0
Switches 10
UPS 8
SAN 1 IT Meetings
Router 3 Quarterly 1
WAP 8 Monthly 0
Misc. Devices 20

SCHEDULED SUPPORT
Consultant Level Hours Calls per Month Included 32
Senior Consultant 0 First 30 mins is included at L1, anything over Networt Consultant 0 30 mins or escalated to L2; bill rates will apply Desktop Consultant 10

PROTECT - BACKUP SECURITY
Service Size Protection Level Quantity
KLH Onsite & Offsite Backup 0 Mailbox Spam Filter 65
Backup size: not included Device Anti-Virus 56
Hosted Disaster Recovery 0 EDR 1
Backup size: not included Laptop Encryption 0
Email Encryption 0
Two Factor Authentication 57

MONTHLY FEES
Fee Acceptance
DataWatch $4,923.00 (Initials)
Scheduled Support $1,300.00 (Initials)
Hosted Services (MS 365) $645.50 (Initials)
Total $6,868.50

MONITORING
HELP DESK SUPPORT L1

ACCOUNT MANAGMENT OVERSIGHT

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
Confidential | KLH Consulting 9 of 11

KLH STANDARD TERMS AND CONDITIONS
Payment Terms
DataWatch services will be billed on a monthly basis. Invoices will be sent to Customer mid-month for the following month’s service and are due on a Net 10 day basis. Customer will setup an EFT payment to be processed by the 30th of each month for the following month’s service.

KLH reserves the right to adjust the monthly fee on a monthly basis if additional equipment or users are added to the network.

Customer shall pay to KLH the Proposed Fees as part of the Agreement on the Effective Date or as set forth in the Agreement. Customer shall pay any fees for additional services quoted and approved beyond those ordered at the time this Agreement is entered into, within ten (10) days of the applicable KLH invoice date.

Hardware, Software & Renewals will be billed upon approval of quotes and will be due upon receipt.

If Customer does not object to charges on any invoice within 5 business days, that invoice will be deemed accepted by Customer. KLH reserves the right to charge a service fee of 1.5% per month on late payments.

Ownership
KLH shall retain all rights of ownership for all associated Software used to deliver remote monitoring and maintenance, anti-virus, anti-spam, and remote support services as outlined in this proposal. All copyrights and other intellectual property rights are vested in the associated Software. Customer acknowledges and agrees that it is acquiring only the right to use the associated Software during the term of the Agreement. Customer shall not, and shall not have others, modify, customize, reverse engineer, reverse assemble or reverse compile associated Software.

KLH reserves the right to add, modify or change any associated Software used to deliver services listed in this proposal to maintain the same original service or any service improvements.

Non-Solicitation
Customer, and any subsidiaries thereof, agrees that it will not at any time during the period of this agreement and for two years thereafter, solicit, divert or hire any person who was, is, or becomes an employee KLH Consulting, Inc., or induce or attempt to influence any KLH employee to terminate his or her employment with KLH. Customer acknowledges that KLH recruits, trains and contracts with its employees and others and that this is a costly and timeconsuming endeavor. Customer agrees that if this covenant is violated, Customer will pay, within 30 days of violation, the sum equivalent to 75% percent of the employee’s annual compensation. Included in the compensation calculation will be salary, bonuses and any profit share contributions for the employee in the 12-month period prior to the violation of this covenant. The Parties agree that this sum accurately reflects the reasonable value of the time and costs in recruiting and training said employees.

Warranty and Limitation of Liability
The sole warranty is the warranty provided by KLH that its services supporting the DataWatch program shall substantially comply with any standard specifications provided in writing by KLH.

Customer's sole and exclusive remedy, and KLH and its third-party providers entire liability under this Agreement shall be limited to the following: (i) KLH and its third-party providers shall use reasonable commercial efforts to correct any substantial non-compliance with the above warranty; (ii) if such non-compliance cannot be corrected after using commercially reasonable efforts, Customer may terminate the Agreement and receive a refund of any amounts paid since the time the non-compliance was reported to KLH in writing.

KLH MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE DATAWATCH SERVICE, OR

PROVIDED SOFTWARE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES IT HAS RELIED ON NO WARRANTIES WITH RESPECT TO THE DATAWATCH SERVICE OR PROVIDED SOFTWARE IN ENTERING INTO THIS AGREEMENT.

IN NO EVENT WILL KLH BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THE AGREEMENT. IN NO EVENT SHALL KLH’S TOTAL CUMULATIVE

LIABILITY IN CONNECTION WITH THE AGREEMENT EXCEED THE AMOUNT OF FEES AND AMOUNTS PAID BY CUSTOMER WITHIN THE PAST 30 DAYS UNDER THIS AGREEMENT. CUSTOMER ACKNOWLEDGES THAT THE

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
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AMOUNTS PAID UNDER THE AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THE AGREEMENT AND THAT KLH WOULD NOT ENTER INTO THE AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

Dispute Resolution
Except as provided below, any and all disputes arising from or relating to the subject matter of this Agreement or any interpretation of the Agreement shall be settled by binding arbitration in accordance with the rules then in effect of the American Arbitration Association or Judicial Arbitration and Mediation Services. Judgment upon the award rendered by way of such arbitration may be entered in any court having jurisdiction thereof. Costs of arbitration (including reasonable attorneys’ fees to the prevailing party (if any)) shall be made a part of the arbitrator’s award. The arbitration will take place in Santa Rosa, California. Notwithstanding the foregoing, the parties retain the right to obtain injunctive relief from a court specified below.

Force Majeure
Neither Party shall be held liable for any damages or penalty for delay in the performance of its obligations hereunder (other than Customer’s obligation to make payments under the Agreement) when such delay is due to the elements, acts of God or other causes beyond its reasonable control.

Proprietary Notice & Non-Disclosure Statement
Information contained in this Agreement is provided under an exclusive, perpetual non-disclosure agreement and cannot be copied, transmitted, excerpted, or otherwise communicated to anyone without the prior written consent of KLH.

This Agreement contains proprietary and trade secret information. All data furnished in connection with this package is intended for use in evaluating potential business opportunities with KLH Consulting and is considered proprietary information.

Intended recipients of this document shall have the right to duplicate, use, or disclose the data contained herein to the extent necessary to perform their duties in the interest of formulating a business relationship with KLH Consulting, but may not use this information as the basis to obtain competitive quotes from other vendors.

These restrictions do not limit the right to use information contained herein if said data is obtained from another source, without restriction. These restrictions apply to all media comprising this service.

Cooperation
KLH shall use best efforts in the performance of the obligations under this Agreement. Customer shall provide such access to its information and property as may be reasonably required in order to permit KLH to perform their obligations hereunder and shall in no way impede KLH’s ability to perform its obligations as outlined in the Service Agreement in an efficient and professional manner. KLH shall cooperate with the Customer’s personnel, shall not interfere with the conduct of the Customer’s business and shall observe all rules, regulations and security requirements of the Customer concerning the safety of persons and property.

Term and Termination
This Agreement begins with an annual commitment and shall automatically renew for annual terms, unless either party notifies the other with a minimum of 90-days written notice of termination.

Either Party may terminate this Agreement upon the occurrence of a material breach of a material provision of this Agreement (other than a failure to pay) if such breach is not cured within 30-days of written notice.

In the event of a failure by Customer to comply with its payment obligations, KLH may terminate this Agreement and the licenses granted hereunder upon 5-day notice of breach and Customer’s failure to pay all amounts due and outstanding.

Upon termination, Customer shall promptly pay any amounts due and remaining for the period of the Agreement owing to KLH and allow KLH access to Customer systems to uninstall provided Hardware and/or Software at Customer’s expense.

Customer agrees that if it were to fail to timely return all provided Software the resulting damages to KLH would be difficult to ascertain. Customer therefore agrees that Customer shall pay as liquidated damages to KLH without further proof of damages, the amount equal to 6 months of fees payable under this Agreement if Customer fails to return all provided Software and Hardware within thirty days of termination of this Agreement. Regardless of whether Customer pays such liquidated damages, KLH shall maintain all rights of ownership with regard to all provided Software and Hardware and shall be entitled to seek injunctive relief without the need to post a bond.

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) DataWatch Service Agreement
Confidential | KLH Consulting 11 of 11

ACCEPTANCE

THIS PROPOSED DATAWATCH SERVICE AGREEMENT, INCLUDING THE ATTACHED KLH STANDARD TERMS AND

CONDITIONS, CONSTITUTES THE COMPLETE AND EXCLUSIVE UNDERSTANDING OF THE PARTIES, AND SUPERSEDES

ALL PRIOR SALES PROPOSALS, NEGOTIATIONS, AGREEMENTS AND OTHER REPRESENTATIONS OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN. IF THERE IS ANY CONFLICT BETWEEN THE TERMS AND

CONDITIONS OF ANY OTHER PURCHASE OR SALES DOCUMENT AND THE ATTACHED STANDARD TERMS AND CONDITIONS OF THE AGREEMENT, THIS AGREEMENT SHALL CONTROL. THE AGREEMENT MAY BE MODIFIED, REPLACED OR RESCINDED ONLY IN WRITING SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF EACH PARTY.

IN WITNESS WHEREOF, by signing and dating below, an authorized representative of KLH and Customer has executed this Agreement in duplicate originals and hereby accepts the Terms and Conditions presented herein beginning on .

KLH CONSULTING, INC. CITY OF COTATI
Address: 2324 Bethards Drive
Santa Rosa, CA 95405
Address: 201 W. Sierra Avenue
Cotati, CA 94931
By: By:

Name: Soni Lampert Name: Damien O'Bid
Title: CEO Title: City Manager
Date: Date:

KLH Consulting, Inc.
2324 Bethards Drive
Santa Rosa, CA 95405

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with KLH) FY 2023 Software & Warranties
Fiscal Year 7/1/22 ‐ 6/30/23
*Prices are estimates only
City of Cotati
Renewals - Other Software & Warrantie Each Expiration Qty Total Notes Cisco SMARTnet - 1 Year Extended Service - Service - 8 x 5 Next Business Day -Maintenance - Physical Service(Next Business Day)Spare Router | SN FJC2109L0MB 111.83 $ 8/1/2022 1 111.83 $ Cisco SMARTnet Extended Service - Service - 8 x 5 Next Business Day - Exchange - Physical ServiceSN: DNI202001GY $ 8/1/2022 1 297.60 $ 297.60 Veeam Annual Basic Maintenance Renewal - Veeam Backup & Replication Standard for VMware - 12 x 5 - Maintenance - Electronic Service - 1 Year 241.56 $ 8/29/2022 4 966.24 $ Main Host Server (Deployed 9/2017)_ESXi Host | SN: MXQ72600NG HP CAREPACK 1YR 24X7 DL38X FC SVC SBY 2,092.80 $ 9/3/2022 1 $ 2,092.80 _
COC-Veeam 1 | SN: MXQ41404TV (Deployed 5/201
- Server on Proposed Project pg. - Remove if replaced Server Warranty Renewal HPE Foundation Care 24x7 wDMR SVC - 3 yr 2,524.80 $ 9/4/2022 1 2,524.80 $ Adobe Acrobat ProEnd-users: Ashley, Katie, Brittany, & Lauren 254.85 $ 11/3/2022 4 1,019.40 $ DigiCert Standard DV SSL Certificate for - 1-yr; includes 1 name. Remote.CotatiCity.org $ 2/19/2023 1 281.25 281.25 $ (5) City Hall Scanner/Camera WarrantyACCC8EA918E3 / ACCC8EA91742 / ACCC8EA7A714 / ACCC8EA7A7A3 / ACCC8EA91975 TBD 6/4/2023 5 TBD Devices w/5-Yr Support Purchased June 2018 - DDDO102941 **_Cisco SG350-28P-K9 Switch | SN: DNI240805JQ
Cisco SMARTnet - 3 Year Extended Service - Service - 8 x 5 Next Business Day - Exchange - Parts - Physical, Electronic Service $ 7/10/2023 1 281.25 281.25 $ **_Ruckus R500 Community Room | SN: 161702012015
1 x Ruckus Wireless Partner Premium Support - 3 Year Extended Service (Renewal) - Service - Service Depot - Exchange - Parts - Physical Service $ 9/12/2023 1 169.75 169.75 $ Veeam Annual Basic Maintenance Renewal - Veeam Backup & Replication Standard for VMware - 12 x 5 - Maintenance - Electronic Service - 1 Year $ 9/21/2023 1 251.06 251.06 $ Total $ 7,995.98
FY 2023: 7/1/22 - 6/30/23 Estimates Total $ 7,995.98
Printed: 8/1/2022 Page 1 of 2

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with FY 2023 Proposed Projects
Fiscal Year 7/1/22 ‐ 6/30/23
*Prices are estimates only
City of Cotati
Proposed Projects
Estimated
Labor
Est. Hardware
& Software
Recurring
Costs/Fees Project Total Timeframe Quote # Notes
Replace Switch - To be replaced with SCADA Project **_Scada yard switch See SCADA Bid See SCADA Bid See SCADA Bid Q2 Purchased November 2014 Replace Router - To be replaced with SCADA Project **_Scada yard ASA 5505 Router See SCADA Bid See SCADA Bid See SCADA Bid Q2 Purchased Jan 2013 CH-AS-07 (Video Computer) - Win7 O/SSN: 2UA5241VKV $ 2,400.00 625.00 $ 3,025.00 $ *Purchased 6/2015* KLH to review replacement with Vendor* SW in use Blackmagic Desing / Datavideo / Cyberlink / etc.

Replacement UPS - UPS 6000**_APC UPS 6000 | SN QS1410270068 900.00 $ 6,000.00 $ 6,900.00 $ Q4 Upon
Request Purchased - May 2014
Replacement Router - PD Router - 8yrs in useReplace - Cisco 1921 Police Dept. Router With Cisco ISR 4431 SEC/K9 Router $ 15,400.00 1,665.00 $ 17,065.00 $ Q4 Upon
Request
Purchased - June 2014 KLH to provide quote
2911 Cisco Router City Hall - 8yrs in usePotential replace Router with Firewall $ 5,100.00 1,750.00 $ 6,850.00 $ Q4 Upon
Request
KLH to provide quotePotential Canidates TZ470 or NSA2650 (8) Replacement Switches - PD, City Hall, Stage, AV48 Port SG300-52MP PD Rack 1 Switch (L2)48 Port SG300-52MP PD Rack 2 Switch (L2)48 Port SG300-52MP Building Office Switch (L2)48 Port SG300-52MP Behind Stage Switch (L2)24 Port Catalyst 2960S Server Rack Switch (L3)24 Port AV Switch Switch 8 Port SG200-08 PD $ 16,500.00 4,440.00 $ 20,940.00 $ TBD Upon
Request
Due to supply chain - this project is place holder est. Final replacment Make/Model TBD as approval date becomes nearPotential New Switch Model replacement canidates = CBS350-48FP-4GCBS350-24FP-4G CBS350-8T-E-2G (3) Proactive UPS Battery Replacements **_Smart-UPS 1500 | SN: AS2018142946  **_UPS APC PD | SN 3S1739X00920 **_UPS APC PD #2 | SN 3S1739X00914 $ 1,500.00 420.00 $ 1,920.00 $ TBD Upon
Request
Purchased - July 2017 Purchased - April 2108 (2)
Veeam / Backup Server Replace due to age $ 20,000.00 3,200.00 $ 23,200.00 $ TBD Upon
Request
Place holder cost
Reivew possible Cloud Hosted Service One Time Setup $3500 / Monthly $1K (6) Replacement Desktop workstations $ 10,500.00 3,240.00 $ 13,740.00 $ TBD Upon
Request See PC & LT Replacement worksheet
(1) Replacement Laptop workstation $ 2,300.00 540.00 $ 2,840.00 $ TBD Upon
Request COC-LT-215770 / 5CG75212CX / cscott
$ 79 16,780.00 $ - ,700.00 $ 96 $ ,480.00
FY2023: 7/1/22 - 6/30/23Project Estimates Total $ 96,480.00 Printed: 8/1/2022 Page 2 of 2

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Attachment: Proposed KLH Revised Scope of Work August 2022 (DataWatch Service Agreement with v. 2022.1

AMENDMENT TO CITY OF COTATI

PROFESSIONAL SERVICES AGREEMENT FOR
____________________________________________
Account: ____________________________________
THE AGREEMENT (“Agreement”) entered into effective __________________, by and between the City of Cotati (“City”) and ___________________ (“Consultant”) for services listed above is hereby amended effective ____________ , in accordance with Section 27 of said Agreement as follows:

1. Section 2A, Compensation, is hereby amended and replaced in its entirety with the following:
“For the full performance of the Services described in Exhibit A hereto City shall compensate Consultant on a time-and-materials basis at the compensation rates specified in Consultant’s Services Rate Schedule included as the last page of Exhibit A; provided, however, that total compensation for the full performance by Consultant of all Services under all Task Orders shall not exceed Eighty Three Thousand Dollars ($83,000.00), of non-reimbursable, public monies (monies not reimbursed through permit fees or developer deposits) for fiscal year 2023; said amount being referred to herein as the “not-to-exceed” amount. Each subsequent year will be subject to an escalator of the lesser of 5% or the Consumer Price Index, San Francisco Area as calculated in June of the preceeding year.This amount does not include any services rendered outside of those specified in Exhibit A.

Potential additional services include, but are not limited to, the purchase of equipment/ hardware from KLH Consulting, Inc., relocating equipment/hardware from one location to another, the addition of equipment to the services, and management of software & warranty renewals, called out in Exhibit A, such as the addition of employee workstations or other equipment, and additional hours of service rendered, not currently in Exhibit A. These additional procurement services are not to exceed One Hubndred and Five Thousand Dollars ($105,000.00), of non-reimbursable, public monies (monies not reimbursed through permit fees or developer deposits) for fiscal year 2023; said amount being referred to herein as the “not-to-exceed” amount.

Each subsequent year are not to exceed Fourty Thousand Dollars ($40,000.00) plus an escalator of the lesser of 5% or the Consumer Price Index, San Francisco Area as calculated in June of the preceeding year.

2. Except as modified pursuant to this Amendment One, all of the terms and conditions of the Agreement shall remain unchanged and in full force and effect.

KLH Consulting , Inc - Data Watch and Additional Services City Wide
November 1, 2020
KLH Consulting, Inc
August 9, 2022

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Attachment: PSA AMENDMENT - KLH 2022 (DataWatch Service Agreement with KLH) v. 2021.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment One as of the day, month and year first above written.

For City of Cotati: For Consultant:

Damien O’Bid
By:

City Manager Name:

Attest:

Title:

Approved as to Form:

John Bakker
City Attorney
Approved:

Department Director
Approved:

Angela Courter
Director of Administrative Services

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Attachment: PSA AMENDMENT - KLH 2022 (DataWatch Service Agreement with KLH) v. 202

1.1 EXHIBIT “A-1”

SCOPE OF SERVICES

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Attachment: PSA AMENDMENT - KLH 2022 (DataWatch Service Agreement with KLH) Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Approval of Annual Storm Water Support Services Agreement Date: August 09, 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 Stone Creek Environmental for Storm Water Support Services Background
The City is subject to the State’s Regional Water Quality Control Board’s Waste Discharge requirements Order Number R1 2015-30 for the operation and maintenance of its storm water system. The Order consists of multiple tasks and responsibilities including conducting water monitoring, public outreach, reporting requirements and enforcement authority to safeguard the natural waterways in and around the City from pollution. The State allows for permittees in the same region to combine efforts and the City works together with neighboring cities and the County to meet the permit’s requirements.

Analysis/Discussion
City Engineering Staff has been attending the monthly copermittee storm water meetings and the related Russian River Watershed Association meetings. A consultant has been used over the past several years to ensure the City meets the overall requirements of the MS4 permit, especially with assistance with compiling the Annual Storm Water Report and special work and monitoring plans. Recent Plans include the Trash Implementation Plan, Storm Water Monitoring and Reporting Plan, Sediment Control Plan. Additional support services include cost recovery tasks for special inspections of private development to ensure compliance with the MS4 Permit for new development.

For Fiscal Year 22-23, the City Engineer is requesting the consultant scope of services include attending the copermittee meetings, required by the MS4 permit. However, it is expected that the consultant will not be attending RRWA meetings. With the short-term lack of available staffing, the additional support services are needed.

Financial Considerations
Prior contract support services for storm water have been at or slightly below the City Manager’s approval authority of $25,000. With the addition of meeting support services, the total proposed

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fee has increased to $35,720. Funding for the agreement is to come from the line item for this agreement of $25,000 and an appropriation of funds from the unappropriated General Fund for an amount of $15,720. Cost recovery efforts are not included in this total as those costs are charged to the respective deposit accounts for each development.

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:
220615 Cotati Proposal for 2022 2023 (PDF)

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Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
1 www.consultingstonecreek.com
June 15, 2022
Mr. Craig Scott
City Engineer
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
Subject: Proposal for Storm Water Support Services, 2022/2023 Fiscal Year -Revised Dear Mr. Scott:

Stone Creek Environmental Consulting (Stone Creek) is pleased to present this proposal and fee estimate to provide stormwater support services to the City of Cotati (City). Colleen Hunt, owner, is a Certified Professional in Municipal Stormwater Management and brings direct regulatory compliance experience with municipal stormwater permit requirements. She has worked with dozens of municipal stormwater Permittees during her time with the Regional Water Board and for the past three years as a consultant. Colleen has been providing storm water assistance to the City since 2018.

The City is subject to requirements of the Regional Water Board’s Waste Discharge Requirements Order No. R1-2015-0030, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0025054 for Discharges from the Municipal Separate Storm Sewer System (MS4) (Permit). The Permit became effective January 6, 2016 and expired on January 5, 2021. The Permit is administratively extended until the Regional Water Board renews the Permit. The Regional Water Board anticipates that the Permit will be renewed in the 2022/2023 fiscal year, although it is hard to anticipate the exact timing of the renewal. Until a new Permit is adopted, the City must continue implementing the requirements of the expired Permit.

Tasks in this proposal are to assist the City with the on-going requirements of the expired Permit.

This includes:
 Sediment Reduction Plan Implementation
 Construction Site Inspections
 Municipal Staff Training
 Annual Reporting
 Low Impact Development Maintenance
 Coordinating Meetings
 Monitoring
This proposal includes a scope of work to assist the City on these Permit requirements as outlined below.

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Attachment: 220615 Cotati Proposal for 2022 2023 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
2 www.consultingstonecreek.com
Scope of Work
Task 1. Sediment Reduction Plan Implementation
Section I of the Permit requires the City to develop and implement a Sediment Reduction Plan to assess effectiveness of Best Management Practices (BMPs) used to control sediment in storm water runoff. The City developed a workplan for this requirement that was approved by the Regional Water Board. The workplan divided the scope of work into four phases:
 Phase I Source Investigation Research
 Phase II Sediment Source Field Investigation
 Phase III Sediment Source BMP Plan
 Phase IV Progress Reporting
The City has completed Phases I and II and is in the process of implementing Phase III. The City will also have to submit a progress report with the 2021/2022 Annual Report (Phase IV). This task is to assist the City with the continued implementation of Phase III and drafting the progress report.

Requirements for Phase III includes implementing BMPs identified in Phase II to control significant sediment sources and studying the effectiveness of both new and existing BMPs.

Tasks identified in the Phase III workplan for the 2022/2023 fiscal year include drafting a workplan to complete outfall inspections and assessments to better understand the implications of sediment from aging infrastructure. The workplan will be developed to define the scope of work, inspection methodology and assessment criteria. Stone Creek will provide a draft workplan within 90 days of the executed contract. The final workplan will need to be submitted to the Regional Water Board for review and approval.

This task will also include conducting the on-going effectiveness assessment of BMPs used to control the discharge of sediment in storm water run-off. This effort will continue using the 2NFORM platform to track effectiveness by calculating the water quality benefit associated with sediment load reduction. As part of this task, Stone Creek will populate the platform with new BMPs and manage the platform. This includes entering BMPs used to control sediment discharges into the platform, maintaining information, and running load reduction calculations for reporting purposes. Utilizing the data generated in the platform, Stone Creek will also develop the effectiveness assessment report for the sediment reduction plan due to the Regional Water Board by October 15, 2023.

The fee estimate includes the annual user fee to use the platform for one year. Based on our experience, this methodology is the most cost-effective approach, even with the need to pay a user fee. The user fee includes the ability to incorporate other program areas into the platform, including tracking Low Impact Development (LID) inspections, storm drain maintenance needs, construction site inspections, industrial and commercial inspections and trash plan management.

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Attachment: 220615 Cotati Proposal for 2022 2023 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
3 www.consultingstonecreek.com
Task 1 Deliverables: Effectiveness Assessment Report. Load reduction report for the 2022/2023 Annual Report.

Task 2. Construction Site Inspections
Section VI.F4.e of the Permit requires the City to conduct routine inspections of active construction site projects which disturb one acre or more of land. Inspections are required to take place in September, after the first significant rain event, and monthly during the rainy season.

Under this task, we will assist the City with these inspections. This includes conducting inspections, documenting inspection findings, providing recommendations to improve BMP management, and coordinating follow up with City staff. This task assumes inspecting six sites up to eight times each during the contract.

Task 2. Deliverable: Electronic record of inspections.

Task 3. Municipal Staff Training
Section G.12. of the Permit requires the City to annually train staff whose interactions, jobs, and activities may affect stormwater quality. We will provide training on storm water topics selected by the City. This may include illicit discharge, non-storm water discharges, municipal activities BMP requirements, and/or integrated pest management. Training will be provided as a prerecorded video or in person as conditions allow.

Task 3. Deliverable: Stormwater training, including preparation of a PowerPoint presentation, training materials, and training documentation records.

Task 4. Annual Report
The Annual Report for the 2021/2022 reporting period is due October 15, 2022. At the beginning of the new Permit term, the Regional Water Board developed an annual report template for Permittee use. The template provides a streamlined method for annual reporting. We will assist the City with populating the template and gathering information needed for reporting. The City will need to complete sections of the report with data that is not readily available to us to adequately complete the report. The City will be responsible for submitting the final report to the Regional Water Board.

Task 4. Deliverable: Draft Annual Report
Task 5. Low Impact Development Maintenance Inspections
The permit requires the City to conduct routine inspections of post-construction BMPs once every two years. Inspections were conducted in 2021. Most BMPs were identified as needing some level of maintenance. Although there are no inspections required this year, follow up is

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Attachment: 220615 Cotati Proposal for 2022 2023 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
4 www.consultingstonecreek.com
needed to confirm corrective actions have been taken. This task will include follow up visits to each project to determine if maintenance needs have been completed. The task will also include any additional follow up needed if corrective actions are still needed.

Task 5. Deliverable: Inspection summary.

Task 6. Coordination Meetings
The City currently participates in three coordination meetings: Co-Permittee, Regional Water Board, and Russian River Watershed Association (RRWA). This task is for Stone Creek to attend these meetings as a representative of the City. As part of these meetings, the City is scheduled to chair the meetings January 2023-March 2023. This task will include assistance with chairing the meetings, if directed by the City.

Task 6. Deliverable: Email summary notes after each meeting.

Task 7. Monitoring Data Management
The City is subject to ongoing wet weather monitoring requirements. Under this task, we will provide the City with assistance with managing monitoring requirements and data management.

This includes developing “at-a-glance” monitoring requirements for each monitoring event, populating data tables, and reviewing draft monitoring report narratives.

Task 7. Deliverable: Data tables; At-a-glance monitoring forms.

Task 8. Consulting Services
Throughout the duration of this contract, the City may identify additional tasks or areas where assistance is needed. This may include the need for consultation type services to discuss project requirements, advise on compliance options, review grading plans, review Low Impact Development plans, or provide other technical information. This task will be managed as an “oncall” task. The task will be used on an as needed basis, based on the City’s initiation of assistance with a task not already covered under this scope of work. Suggested on-call assistance can include:
 Education and outreach strategies
 Review of LID plans
 Russian River Pathogen TMDL planning
Task 8. Deliverable: TBD by client.

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Attachment: 220615 Cotati Proposal for 2022 2023 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
5 www.consultingstonecreek.com
Task 9. Program Management
This task will include general project management tasks needed to manage the contract properly and effectively. Tasks will include a project schedule, managing budget, monthly invoicing, and routine communications with the City, including meetings to report progress and discuss key recommendations and decisions.

Task 9. Deliverable: Invoices
Fee Estimate and Level of Effort
The Scope of Work will be conducted as described above for an estimated not-to-exceed budget of $35,720. The estimated fee and associated level of effort are summarized below.

Task Level of Effort,
hours
Estimated Fee, $
Task 1. Sediment Reduction Plan 25 7,000
Task 2. Construction Site Inspections 50 8,000
Task 3. Municipal Staff Training 8 1,320
Task 4. Annual Report 8 1,320
Task 5. LID Maintenance 16 2,640
Task 6. Coordination Meetings 52 8,580
Task 7. Monitoring Data Management 5 880
Task 8. On-call Consulting Services 24 4,000
Task 9. Project Management 12 1,980
Total 200 35,720
Billing rates for the estimate are provide below. Rates will be valid for the duration of the contract:

Technical Professional Services I $145 per hour
Technical Professional Services II $165 per hour
GIS/Mapping $175 per hour
Intern Assistance $85 per hour
Administrative Assistance/Travel $75 per hour
Quality Assurance Review $185 per hour
Direct Costs Cost + 10%
Mileage Standard Federal Rate
Any services not included in this Scope of Work will be performed only after receiving written authorization and a corresponding budget augmentation from the City.

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Attachment: 220615 Cotati Proposal for 2022 2023 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
6 www.consultingstonecreek.com
I am looking forward to working with you on this important work. Please feel free to contact me at 707-318-9415 or [email protected] if you have any questions or would like to discuss this proposal further.

Sincerely,
Colleen Hunt, CPMSM #343
Professional Consultant

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Attachment: 220615 Cotati Proposal for 2022 2023 (Storm Water Support Services) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Letter of Support for CARE Courts
Date: August 09, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the authorize the Mayor to send a letter on behalf of the City supporting proposed CARE Court legislation (SB 1338).

Background
Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura’s Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law, the Lanterman-Petris-Short Act, provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled.

The Community Assistance, Recovery, and Empowerment (CARE) Act (SB 1338) is a high priority for Governor Newsom and was introduced in the State Senate by Senators Umberg and Eggman. SB 1338 has passed out of the State Senate and on August 3, the bill is scheduled for a hearing in the Assembly Committee on Appropriations. If approved in Committee, the bill will go to a vote of the Assembly, and then to the Governor’s desk.

Analysis/Discussion
The CARE Act, if enacted, will authorize specified persons, listed below, to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are currently experiencing a severe mental illness and have a diagnosis of schizophrenia spectrum and psychotic disorders and who meet other specified criteria.

The following persons may file a petition to initiate CARE proceedings:

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(a) A person 18 years of age or older with whom the respondent resides. (b) A spouse, parent, adult sibling, adult child, or grandparent or other adult who stands in loco parentis to the respondent.
(c) The director of a hospital, or their designee, in which the respondent is hospitalized, including hospitalization pursuant to Section 5150 or 5250. (d) The director of a public or charitable organization, agency, or home, or their designee, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent or in whose institution the respondent resides. (e) A licensed behavioral health professional, or their designee, who is, or has been within the previous 30 days, either supervising the treatment of, or treating the respondent for a mental illness.
(f) A first responder, including a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker, who has had repeated interactions with the respondent in the form of multiple arrests, multiple detentions and transportation pursuant to Section 5150, multiple attempts to engage the respondent in voluntary treatment, or other repeated efforts to aid the respondent in obtaining professional assistance.
(g) The public guardian or public conservator, or their designee, of the county in which the respondent is present or reasonably believed to be present. (h) The director of a county behavioral health agency, or their designee, of the county in which the respondent is present or reasonably believed to be present. resides or is found. (i) The director of county adult protective services, or their designee, of the county in which the respondent is present or is reasonably believed to be present. resides or is found.
(j) The director of a California Indian health services program, California tribal behavioral health department, or their designee.
(k) The judge of a tribal court that is located in California, or their designee. (l) A prosecuting attorney, pursuant to subdivision (b) of Section 5978. (m) The respondent.

The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner’s assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make the hearings in a CARE proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body.

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The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

Cal Cities
As indicated in the attached position letter, Cal Cities supports SB 1338 as amended.

Specifically, Cal Cities requests amendments to phase in the program statewide, additional funding to support implementation and long-term costs of the state mandated program, and require cities to be included in the development of CARE plans in the event that the cities are required to provide services and support. The FY 22-23 State budget currently includes $65M for implementation of SB 1338.

County of Sonoma
As indicated in the attached position letter, the County of Sonoma shared similar concerns ensuring adequate start up and on-going funding and phasing in the program over time. The County of Sonoma also requested changes to sanctions, so they only apply to deliberate or chronic deficiencies. The bill as currently written would enable the court to fine the county or other local government entity up to $1,000 per day for not complying with court orders and, if the court finds persistent noncompliance, to appoint a receiver to secure court-ordered care for the respondent at the county’s cost. Lastly, the County of Sonoma supported recent amendments allowing the Superior Court to order housing providers that have received specified state funds to accept placement of CARE participants at any available housing option or program as clinically appropriate.

Draft City Letter of Support
Attached to this staff report is a draft letter of support, which recommends that the State Legislature amend the language to account for the issues raised by Cal Cities and the County of Sonoma.

Financial Considerations
Not applicable. The bill, if enacted, would provide an additional option for police and SAFE teams to refer individuals experiencing mental health issues, and potentially prevent or remove people from homelessness.

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

Attachments:

CARE Court Overview (PDF)
Funding Backgrounder on Homelessness (PDF)
Cal Cities CARE Court Request (PDF)
Sonoma County CARE Court Letter Request (PDF)
Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (PDF)
Draft City Letter of Support on SB 1338 (DOCX)

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CARE COURT
Governor Newsom’s Proposal to Get People with Mental Health & Substance Use Disorders the Support they Need
● Community Assistance, Recovery and Empowerment (CARE) Court is a new proposal to get people with mental health and substance use disorders the support and care they need. ● CARE Court is aimed at helping the thousands of Californians who are suffering from untreated schizophrenia spectrum or psychotic disorders that too often lead to homelessness, incarceration, institutionalization, or premature death.
● California is taking a new approach to act early and get people the support they need and address underlying needs - and we’re doing it without taking away people’s rights. ● CARE Court includes accountability for everyone – on the individual and on local governments – with court orders for services.

SPONSORING NEW CARE COURT LEGISLATION
● In March the Governor unveiled the CARE Court framework, and engaged the public and stakeholders in community roundtables across the state and listening sessions with diverse stakeholders.
● Legislation was introduced by Senator Umberg, Orange County and Senator Eggman, San Joaquin County (SB 1338). Legislative hearings which started in April, will continue to engage the public - including people living with mental illness, families, local government, community behavioral health care providers, first responders, judges, and more - and further develop CARE Court. ● To meet the urgent needs for care and housing we see in our communities, families, and streets, CARE Court must be enacted by July 1, and local partners can begin implementation in the following months.

FOCUSING UNPRECEDENTED FUNDING ON RESULTS
● Behavioral health is now funded at a record $11.6 billion each year - up 70% from $6.7 billion eight years ago. Funding comes from five major sources, including Prop 63 Mental Health Services Act, Medi-Cal and non-Medical Behavioral Health, and Realignment in 1991 and 2011. See CalHHS Funding Backgrounder for more details.
● Housing and homelessness investments totaled a historic $12 billion in last year’s budget. An additional $2 billion is proposed this year - with $1.5 billion focused on Behavioral Health Bridge Housing that will be prioritized to serve people in CARE Court. ● The Governor’s May Revision to the Budget will include costs for the new Care Court process, including judges and appointed counsel.

HOW CARE COURT WORKS
Updated April 25, 2022

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Attachment: CARE Court Overview (Letter of Support for CARE Courts) CARE Court connects a person struggling with untreated mental illness – and often also substance use challenges – with a court-ordered Care Plan for up to 24 months. Each plan is managed by a care team in the community and can include clinically prescribed, individualized interventions with several supportive services, medication, and a housing plan. The client-centered approach also includes a public defender and supporter to help make self-directed care decisions in addition to their full clinical team, as well as opportunities for early engagement and settlement agreements for treatment plans.

CARE Court is designed on the evidence that many people can stabilize, begin healing, and exit homelessness in less restrictive, community-based care settings. It's a long-term strategy to positively impact the individual in care and the community around them. The plan advances an upstream diversion from more restrictive conservatorships or incarceration.

The CARE Court response can be initiated by family, county and community-based social services, behavioral health providers, or first responders. Individuals exiting a short-term involuntary hospital hold or a misdemeanor arrest may be especially good candidates for CARE Court. The Care Plan can be ordered for up to 12 months, with periodic review hearings and subsequent renewal for up to another 12 months.

CARE Court is based on accountability for all. Participants who do not successfully complete Care Plans may, under current law, be hospitalized or referred to conservatorship - with a new presumption that no suitable alternatives to community care are available. All counties across the state will participate in CARE Court under the proposal. If local governments do not meet their specified duties under court-ordered Care Plans, the court will have the ability to order sanctions and, in extreme cases, appoint a receiver to ensure services are provided.

Updated April 25, 2022

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Attachment: CARE Court Overview (Letter of Support for CARE Courts)

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Attachment: Funding Backgrounder on Homelessness (Letter of Support for CARE Courts)

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Attachment: Funding Backgrounder on Homelessness (Letter of Support for CARE Courts)

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Attachment: Funding Backgrounder on Homelessness (Letter of Support for CARE Courts)

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Attachment: Funding Backgrounder on Homelessness (Letter of Support for CARE Courts) 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org June 22, 2022
The Honorable Jim Wood
Chair, Assembly Health Committee
1020 N St, Room 390
Sacramento, CA 95814
RE: SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program
Notice of SUPPORT IF AMENDED (As Amended June 6, 2022)
Dear Assembly Member Wood,
The League of California Cities (Cal Cities) is pleased to support if amended SB 1338 (Umberg) and the creation of the Community Assistance, Recovery, and Empowerment (CARE) Court program. Cal Cities looks forward to promoting the success of the CARE Court program in communities throughout the state and is seeking amendments to ensure effective implementation.

Local governments are on the front lines addressing homelessness in every community, regardless of size or location. For unsheltered individuals with severe behavioral health needs, access to a comprehensive care system is an essential component of addressing their housing needs and long-term stability. Cal Cities is eager to support the primary goal of this measure, to ensure our most vulnerable residents have access to essential care.

SB 1338 would establish a civil court process that supports individuals living with untreated schizophrenia spectrum and psychotic disorders. The CARE Court program, as detailed in SB 1338, would connect individuals with a court-ordered care plan managed by a care team in the community. These CARE plans could include clinically prescribed, individualized interventions with several supportive services, medication, and a housing plan.

While we are eager to see the benefits of the CARE Court program in our communities, Cal Cities wants to ensure the effective implementation of this new approach. To this end, Cal Cities supports amendments to provide adequate time and funding to operationalize the CARE Court program throughout our state. Specifically, Cal Cities supports a phased-in approach to statewide implementation of the CARE Court program to better understand and balance the potential challenges and costs that may accompany this proposed measure. This could include assessing housing needs and the actual impacts on county behavioral health caseloads. A phased-in approach would allow for refinements to the program to allow for implementation of best practices learned. A well-executed program with adequate time to ramp-up will ensure

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Packet Pg. 104 Attachment: Cal Cities CARE Court Request (Letter of Support for CARE Courts) a strong basis for the future, better outcomes for the individuals in this program, and long-term success.

Cal Cities appreciates the $65 million included in the 2022-23 State Budget to support the implementation of the CARE Court program. To ensure effective program administration, long-term funding must be dedicated to this new program. Additionally, addressing workforce shortages is essential to support the demands of this new program. That is why Cal Cities supports additional funding in the 2022-23 State Budget, and annually thereafter to ensure all new obligations for local governments are supported by sufficient funding.

Apart from adequate funding, Cal Cities is requesting amendments that would require the inclusion of cities in the development of CARE plans, in the event that cities are required to participate in providing services and support. As written, this measure could require city participation in the implementation of CARE plans but would not allow a city to partake in developing the plan. If cities are required to provide services and supports, it is paramount that they have a voice in CARE plan development, given the programming and funding implications.

The 2022 Cal Cities State Action Agenda seeks to increase funding and resources to prevent homelessness and assist individuals experiencing homelessness. SB 1338 is a step towards addressing this priority, by creating an additional tool to connect unsheltered Californians experiencing the most acute mental health challenges with access to comprehensive treatment and housing. If amended to address Cal Cities’ concerns related to implementation, the CARE Court program would be an effective means for providing services to those in need.

For these reasons, Cal Cities supports SB 1338 if amended. If you have any questions, do not hesitate to contact me at (916) 580-5075 or [email protected].

Sincerely,
Caroline Cirrincione
Legislative Affairs, Lobbyist
cc. The Honorable Tom Umberg
Members, Assembly Health Committee
Judith Babcock, Senior Consultant, Assembly Health Committee Gino Folchi, Consultant, Assembly Republican Caucus

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Packet Pg. 105 Attachment: Cal Cities CARE Court Request (Letter of Support for CARE Courts)

MEMBERS OF THE BOARD COUNTY OF SONOMA

BOARD OF JAMES GORE SUPERVISORS
CHAIR
575 ADMINISTRATION DRIVE, RM. 100A CHRIS COURSEY
SANTA ROSA, CALIFORNIA 95403 VICE CHAIR
(707) 565-2241 SUSAN GORIN
FAX (707) 565-3778 DAVID RABBITT

LYNDA HOPKINS
July 12, 2022
Honorable Mark Stone, Chair Honorable Jim Wood, Chair
Assembly Judiciary Committee Assembly Health Committee
1020 N Street, Room 104 1020 N Street, Room 390
Sacramento, CA 95814 Sacramento, California 95814
RE: SB 1338 (Umberg & Eggman): Community Assistance, Recovery, and Empowerment (CARE) Court Program – CONCERNS

Dear Assemblymember Stone and Assemblymember Wood:

On behalf of the Sonoma County Board of Supervisors, we respectfully request your consideration of the County’s concerns with SB 1338 (Umberg & Eggman) to ensure the success of the Governor’s CARE Court proposal.

CARE Court would establish a new civil court process to engage individuals living with psychotic disorders into treatment. Counties would play a key role in implementation under SB 1338 as the state’s partners in providing behavioral health and social services. The following recommendations are offered to assist with implementing the CARE Court framework at the local level in a practical and achievable manner. • Phased-In Implementation: We believe the path to success for our county and – more importantly – for those who stand to benefit from CARE Court must be grounded in an incremental phase-in model, such as a readiness-based implementation schedule in which counties most prepared to implement are the first adopters. For our county, we would prefer to be included in a later phase. • Sanctions: Sanctions should be reserved for deliberate and chronic deficiencies and should be imposed only after meaningful engagement within the existing regulatory framework along with the appropriate procedural safeguards. We support modeling the process adopted in Assembly Bill 101 (Statutes of 2019) for jurisdictions that fail to comply with their obligations under state housing laws. In addition, sanctions should not begin until after the program has been fully funded and implemented. • Housing: Housing is foundational for addressing homelessness and a critical component in the successful treatment of those with severe mental illness. To ensure that the state’s recent housing investments are available to serve the CARE population, we support recent amendments allowing the Superior Court to order housing providers that have received specified state funds to accept placement of CARE participants at any available housing option or program as clinically appropriate. • Resources: The CARE Court program includes new responsibilities and obligations imposed on counties that require additional resources and ongoing funding, likely in the hundreds of millions of dollars. Adequate and sustainable funding as well as start-up funding is required across multiple departments, including

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Packet Pg. 106 Attachment: Sonoma County CARE Court Letter Request (Letter of Support for CARE Courts) county behavioral health, public defender, county counsel, public guardians and conservators, and county social services.
• Fiscal Protections: The CARE Court proposal must provide protections to counties for any new responsibilities and costs. To ensure our county has the appropriate long-term resources, we recommend fiscal provisions that preserve current funding and services while also providing a mechanism for determining and providing supplementary annual funding for new activities and duties required by SB 1338.

Thank you for your consideration of our concerns regarding funding, a phased-in implementation, sanctions, and housing. We respectfully urge your August committees to continue working with Sonoma County as SB 1338 moves through the policy process to ensure success for CARE Court implementation and the people we serve.

Should you have any questions about our concerns and local implementation challenges, please contact me or Marissa Montenegro, Sonoma County Legislative and Intergovernmental Affairs Manager at [email protected].

Sincerely,
JAMES GORE, Chair
Sonoma County Board of Supervisors
cc: Honorable Members of the Assembly Judiciary Committee Honorable Members of the Assembly Health Committee
Honorable Bill Dodd, California State Senate
Honorable Mike McGuire, California State Senate
Honorable Marc Levine, California State Assembly
Honorable Cecilia Aguiar-Curry, California State Assembly Honorable Thomas J. Umberg, California State Senate
Honorable Susan Eggman, California State Senate
Leora Gershenzon, Deputy Chief Counsel, Assembly Judiciary Committee Judy Babcock, Senior Consultant, Assembly Health Committee Katie Kolitsos, Policy Consultant, Office of Speaker Rendon Marjorie Swartz, Policy Consultant, Office of pro Tem Atkins Daryl Thomas, Judiciary Consultant, Republican Caucus
Gino Folchi, Health Consultant, Republican Caucus
Ana Matosantos, Cabinet Secretary, Office of Governor Newsom Jason Elliott, Senior Counselor, Office of Governor Newsom Kim McCoy Wade, Senior Advisor, Office of Governor Newsom Jessica Devencenzi, Deputy Legislative Secretary, Office of Governor Newsom Sonoma County Board of Supervisors
Graham Knaus, Executive Director, California State Association of Counties Paul Yoder & Karen Lange, Shaw Yoder Antwih Schmelzer & Lange

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Packet Pg. 107 Attachment: Sonoma County CARE Court Letter Request (Letter of Support for CARE Courts) 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 1/20 SENATE BILL NO. 1338
SHARE THIS: Date Published: 06/30/2022 09:00 PM
SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. (2021-2022) AMENDED IN ASSEMBLY JUNE 30, 2022
AMENDED IN ASSEMBLY JUNE 16, 2022
AMENDED IN SENATE MAY 19, 2022
AMENDED IN SENATE APRIL 07, 2022
AMENDED IN SENATE MARCH 16, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Senators Umberg and Eggman
(Coauthors: Senators Allen, Archuleta, Caballero, Cortese, Dodd, Hertzberg, Newman, Portantino, Stern, and Wiener)
(Coauthors: Assembly Members Aguiar-Curry, Berman, Bloom, Chen, Cooper, Cunningham, Gipson, Haney, Irwin, O’Donnell, Petrie-Norris, Rodriguez, Santiago, and Villapudua) February 18, 2022
An act to add Section 1374.723 to the Health and Safety Code, to add Section 10144.54 to the Insurance Code, to amend Section 1370.01 of the Penal Code, and to amend Sections 5801 and 5813.5 of, and to add Part 8 (commencing with Section 5970) to Division 5 of, the Welfare and Institutions Code, relating to mental health.

LEGISLATIVE COUNSEL'S DIGEST
SB 1338, as amended, Umberg. Community Assistance, Recovery, and Empowerment (CARE) Court Program. (1) Existing law, the Assisted Outpatient Treatment Demonstration Project Act of 2002, known as Laura’s Law, requires each county to offer specified mental health programs, unless a county or group of counties opts out by a resolution passed by the governing body, as specified. Existing law, the Lanterman-Petris-Short Act, provides for short-term and longer-term involuntary treatment and conservatorships for people who are determined to be gravely disabled.

This bill would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services to adults who are suffering from currently experiencing a severe mental illness and have a diagnosis of schizophrenia spectrum and psychotic disorders and who Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

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Packet Pg. 108 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 2/20 meet other specified criteria. The bill would specify the process by which the petition is filed and reviewed, including requiring the petition to be signed under penalty of perjury, and to contain specified information, including the facts that support the petitioner’s assertion that the respondent meets the CARE criteria. The bill would also specify the schedule of review hearings required if the respondent is ordered to comply with an up to one-year CARE plan by the court. The bill would make the hearings in a CARE proceeding confidential and not open to the public, thereby limiting public access to a meeting of a public body. The bill would authorize the CARE plan to be extended once, for up to one year, and would prescribe the requirements for the graduation plan that is required upon leaving the CARE program. plan. By expanding the crime of perjury and imposing additional duties on the county behavioral health agencies, this bill would impose a state-mandated local program.

This bill would require the court to appoint counsel and a CARE supporter for the respondent, unless the respondent has retained their own counsel or CARE supporter, or chooses not to have a CARE supporter. counsel. The bill would authorize the respondent to have a supporter, as defined. The bill would require the California Department of Aging, subject to appropriation, to administer the CARE Supporter program, which would make available a trained CARE supporter to each respondent, who can accept, decline, or choose their own voluntary, unpaid CARE supporter. The bill would require optional training to be made available for volunteer CARE supporters. State Department of Health Care Services to provide optional training and technical resources for volunteer supporters on CARE Act proceedings, community services and supports, supported decisionmaking, and other topics, as prescribed.

This bill, subject to appropriation, would require the California Health and Human Services Agency, or a designated department within that agency, to engage an independent, research-based entity to advise on the development of data-driven process and outcome measures for the CARE Act and to provide coordination and support among relevant state and local partners and other stakeholders throughout the phases of county implementation of the CARE Act. The bill, also subject to appropriation, would require the State Department of Health Care Services to provide training and technical assistance to county behavioral health agencies to implement the act and would require the Judicial Council and the State Department of Health Care Services to provide training to judges and counsel regarding the CARE Act, as specified.

This bill would authorize the court, at any time during the proceedings if it finds the county or other local government entity not complying with court orders, to fine the county or other local government entity up to $1,000 per day and, if the court finds persistent noncompliance, to appoint a receiver to secure court-ordered care for the respondent at the county’s cost. The bill would establish the CARE Act Accountability Fund in the State Treasury to receive the fines collected under the Act, which would be used, upon appropriation, by the State Department of Health Care Services, to support local government efforts that will serve individuals who have schizophrenia or other psychotic disorders who experience or are at risk of homelessness, criminal justice involvement, hospitalization, or conservatorship.

This bill would require the independent, research-based entity retained by the State Department of Health Care Services, in consultation with various other entities, to develop an annual CARE Act report and an independent evaluation of the effectiveness of the CARE Act, and would require county behavioral health agencies and other local governmental entities to provide the department with specified information for that report. By increasing the duties of a local agency, this bill would impose a state-mandated local program.

Existing law, the Mental Health Services Act (MHSA), an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Fund (MHSF), a continuously appropriated fund, to fund various county mental health programs, including children’s mental health care, adult and older adult mental health care, prevention and early intervention programs, and innovative programs.

This bill would clarify that MHSA funds may be used to provide services to individuals under a CARE agreement or a CARE plan.
(2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care. Existing law also provides for the regulation of health insurers by the Department of Insurance. Existing law requires health care service plans and insurers to provide coverage for medically necessary treatment of mental health and substance use disorders. Violation of the Knox-Keene Act by a health care service plan is a crime.

This bill would require health care service plans and insurers to cover the cost of developing an evaluation for CARE services and the provision of all health care services for an enrollee or insured when required or recommended for the person pursuant to a CARE plan, as specified, without cost sharing, except for prescription drugs. drugs, and regardless of whether the services are provided by an in-network or out-of-network provider. Because a violation of this requirement by a health care service plan would be a crime, this bill would impose a state-mandated local program.

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Packet Pg. 109 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 3/20 (3) Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant’s mental competency is evaluated and by which the defendant receives treatment, with the goal of returning the defendant to competency. Existing law suspends a criminal action pending restoration to competency.

This bill, for a misdemeanor defendant who has been determined to be incompetent to stand trial, would authorize the court to refer the defendant to the CARE program.
(4) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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) Thousands of Californians are suffering from untreated schizophrenia spectrum and psychotic disorders, leading to risks to their health and safety and increased homelessness, incarceration, hospitalization, conservatorship, and premature death. These individuals, families, and communities deserve a path to care and wellness. (b) With advancements in behavioral health treatments, many people with untreated schizophrenia spectrum and psychotic disorders can stabilize, begin healing, and thrive in community-based settings, with the support of behavioral health services, stabilizing medications, and housing. But too often this comprehensive care is only provided after arrest, conservatorship, or institutionalization. (c) A new approach is needed to act earlier and to provide support and accountability, both to individuals with these untreated severe mental illnesses and to local governments with the responsibility to provide behavioral health services. California’s civil courts will provide a new process for earlier action, support, and accountability, through a new Community Assistance, Recovery, and Empowerment (CARE) Court Program. (d) California has made unprecedented investments in behavioral health, housing, and combating homelessness, and CARE Court helps those with the greatest needs access these resources and services. CARE Court provides a framework to ensure counties and other local governments focus their efforts to provide comprehensive treatment, housing, and supportive services to Californians with complex behavioral health care needs so they can stabilize and find a path to wellness and recovery.
(d)
(e) Self-determination and civil liberties are important California values that can be advanced and protected for individuals with these untreated severe mental illnesses with the establishment of a new CARE Supporter role, in addition to legal counsel, provision of legal counsel for CARE proceedings. proceedings, agreements, and plans, as well as the promotion of supported decisionmaking.
(e)
(f) California continues to act with urgency to expand behavioral health services and to increase housing choices and end homelessness for all Californians. CARE provides a vital solution to ensure access to comprehensive services and supports for some of the most ill and most vulnerable Californians.

SEC. 2. Section 1374.723 is added to the Health and Safety Code, to read:
1374.723. (a) A health care service plan contract issued, amended, renewed, or delivered on or after July 1, 2023, that covers hospital, medical, or surgical expenses shall cover the cost of developing an evaluation pursuant to Section

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Packet Pg. 110 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 4/20 5977 of the Welfare and Institutions Code and the provision of all health care services for an enrollee when required or recommended for the enrollee pursuant to a CARE agreement or a CARE plan approved by a court in accordance with the court’s authority under Sections 5977 and 5982 of the Welfare and Institutions Code. Code, regardless of whether the service is provided by an in-network or out-of-network provider. (b) (1) A health care service plan shall not require prior authorization for services services, other than prescription drugs, provided pursuant to a CARE agreement or CARE plan approved by a court pursuant to Part 8 (commencing with Section 5970) of Division 5 of the Welfare and Institutions Code. (2) A health care service plan may conduct a postclaim review to determine appropriate payment of a claim.

Payment for services subject to this section may be denied only if the health care service plan reasonably determines the enrollee was not enrolled with the plan at the time the services were rendered, the services were never performed, or the services were not provided by a health care provider appropriately licensed or authorized to provide the services.
(3) Notwithstanding paragraph (1), a health care service plan may require prior authorization for services as permitted by the department pursuant to subdivision (e). (c) (1) A health care service plan shall provide for reimbursement of services provided to an enrollee pursuant to this section, other than prescription drugs, at the greater of either of the following amounts:
(A) The health plan’s contracted rate with the provider. (B) The fee-for-service or case reimbursement rate paid in the Medi-Cal program for the same or similar services as identified by the State Department of Health Care Services. (2) A health care service plan shall provide for reimbursement of prescription drugs provided to an enrollee pursuant to this section at the health care service plan’s contracted rate. (3) A health care service plan shall provide reimbursement for services provided pursuant to this section in compliance with the requirements for timely payment of claims, as required by this chapter. (d) Services provided to an enrollee pursuant to a CARE agreement or CARE plan, excluding prescription drugs, shall not be subject to copayment, coinsurance, deductible, or any other form of cost sharing. An individual or entity shall not bill the enrollee or subscriber, nor seek reimbursement from the enrollee or subscriber, for services provided pursuant to a CARE agreement or CARE plan. plan, regardless of whether the service is delivered by an in-network or out-of-network provider.
(e) No later than July 1, 2023, the department may issue guidance to health care service plans regarding compliance with this section. This guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Guidance issued pursuant to this subdivision shall be effective only until the department adopts regulations pursuant to the Administrative Procedure Act.
(f) This section does not excuse a health care service plan from complying with Section 1374.72. (f)
(g) This section does not apply to Medi-Cal managed care contracts entered pursuant to Chapter 7 (commencing with Section 14000), Chapter 8 (commencing with Section 14200), or Chapter 8.75 (commencing with Section 14591) of Part 3 of Division 9 of the Welfare and Institutions Code, between the State Department of Health Care Services and a health care service plan for enrolled Medi-Cal beneficiaries. (g)
(h) This section shall become operative on July 1, 2023.

SEC. 3. Section 10144.54 is added to the Insurance Code, to read:
10144.54. (a) An insurance policy issued, amended, renewed, or delivered on or after July 1, 2023, shall cover the cost of developing an evaluation pursuant to Section 5977 of the Welfare and Institutions Code and the provision of all health care services for an insured when required or recommended for the insured pursuant to a CARE agreement or CARE plan approved by a court in accordance with the court’s authority under Sections 5977 and 5982 of the Welfare and Institutions Code. Code, regardless of whether the service is delivered by an in-network or out-of-network provider.

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Packet Pg. 111 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 5/20 (b) (1) An insurer shall not require prior authorization for services, other than prescription drugs, provided pursuant to a CARE agreement or CARE plan approved by a court pursuant to Part 8 (commencing with Section 5970) of Division 5 of the Welfare and Institutions Code.
(2) An insurer may conduct a postclaim review to determine appropriate payment of a claim. Payment for services subject to this section may be denied only if the insurer reasonably determines the insured was not insured at the time the services were rendered, the services were never performed, or the services were not provided by a health care provider appropriately licensed or authorized to provide the services. (3) Notwithstanding paragraph (1), an insurer may require prior authorization for services as permitted by the department pursuant to subdivision (e).
(c) (1) An insurer shall provide for reimbursement of services provided to an insured pursuant to this section, other than prescription drugs, at the greater of either of the following amounts:
(A) The insurer’s contracted rate with the provider.
(B) The fee-for-service or case reimbursement rate paid in the Medi-Cal program for the same or similar services as identified by the State Department of Health Care Services. (2) An insurer shall provide for reimbursement of prescription drugs provided to an insured pursuant to this section at the insurer’s contracted rate.
(3) An insurer shall provide reimbursement for services provided pursuant to this section in compliance with the requirements for timely payment of claims, as required by this chapter. (d) Services provided to an insured pursuant to a CARE agreement or CARE plan, excluding prescription drugs, shall not be subject to copayment, coinsurance, deductible, or any other form of cost sharing. An individual or entity shall not bill the insured, nor seek reimbursement from the insured, for services provided pursuant to a CARE agreement or CARE plan. plan, regardless of whether the service is delivered by an in-network or out-of-network provider. (e) No later than July 1, 2023, the department may issue guidance to insurers regarding compliance with this section.

This guidance shall not be subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). Guidance issued pursuant to this subdivision shall be effective only until the department adopts regulations pursuant to the Administrative Procedure Act. (f) This section does not excuse an insurer from complying with Section 10144.5.

SEC. 4. Section 1370.01 of the Penal Code is amended to read:
1370.01. (a) If the defendant is found mentally competent, the criminal process shall resume, and the trial on the offense charged or hearing on the alleged violation shall proceed. (b) If the defendant is found mentally incompetent, the trial, judgment, or hearing on the alleged violation shall be suspended and the court may do either of the following:
(1) (A) Conduct a hearing, pursuant to Chapter 2.8A (commencing with Section 1001.35) of Title 6, and, if the court deems the defendant eligible, grant diversion pursuant to Section 1001.36 for a period not to exceed one year from the date the individual is accepted into diversion or the maximum term of imprisonment provided by law for the most serious offense charged in the misdemeanor complaint, whichever is shorter. (B) If the court opts to conduct a hearing pursuant to this paragraph, the hearing shall be held no later than 30 days after the finding of incompetence. If the hearing is delayed beyond 30 days, the court shall order the defendant to be released on their own recognizance pending the hearing. (C) If the defendant performs satisfactorily on diversion pursuant to this section, at the end of the period of diversion, the court shall dismiss the criminal charges that were the subject of the criminal proceedings at the time of the initial diversion.
(D) If the court finds the defendant ineligible for diversion based on the circumstances set forth in subdivision (b) or (d) of Section 1001.36, the court may, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine whether to do any of the following:
(i) Order modification of the treatment plan in accordance with a recommendation from the treatment provider.

11.A.e
Packet Pg. 112 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 6/20 (ii) Refer the defendant to assisted outpatient treatment pursuant to Section 5346 of the Welfare and Institutions Code. A referral to assisted outpatient treatment may only occur in a county where services are available pursuant to Section 5348 of the Welfare and Institutions Code, and the agency agrees to accept responsibility for treatment of the defendant. A hearing to determine eligibility for assisted outpatient treatment shall be held within 45 days after the date of the referral. If the hearing is delayed beyond 45 days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into assisted outpatient treatment, the charges shall be dismissed pursuant to Section 1385.
(iii) Refer the defendant to the county conservatorship investigator in the county of commitment for possible conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code. A defendant shall only be referred to the conservatorship investigator if, based on the opinion of a qualified mental health expert, the defendant appears to be gravely disabled, as defined in subparagraph (A) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institution Code. Any hearings required in the conservatorship proceedings shall be held in the superior court in the county of commitment. The court shall transmit a copy of the order directing initiation of conservatorship proceedings to the county mental health director or the director’s designee and shall notify the county mental health director or their designee of the outcome of the proceedings. Before establishing a conservatorship, the public guardian shall investigate all available alternatives to conservatorship pursuant to Section 5354 of the Welfare and Institutions Code. If a petition is not filed within 60 days of the referral, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending conservatorship proceedings. If the outcome of the conservatorship proceedings results in the establishment of conservatorship, the charges shall be dismissed pursuant to Section 1385. (iv) Refer the defendant to the CARE program pursuant to Section 5978 of the Welfare and Institutions Code.

A hearing to determine eligibility for CARE shall be held within 14 days after the date of the referral. If the hearing is delayed beyond 14 days, the court shall order the defendant, if confined in county jail, to be released on their own recognizance pending that hearing. If the defendant is accepted into CARE, the charges shall be dismissed pursuant to Section 1385.
(2) Dismiss the charges pursuant to Section 1385. If the criminal action is dismissed, the court shall transmit a copy of the order of dismissal to the county behavioral health director or the director’s designee. (c) If the defendant is found mentally incompetent and is on a grant of probation for a misdemeanor offense, the court shall dismiss the pending revocation matter and may return the defendant to supervision. If the revocation matter is dismissed pursuant to this subdivision, the court may modify the terms and conditions of supervision to include appropriate mental health treatment.
(d) It is the intent of the Legislature that a defendant subject to the terms of this section receive mental health treatment in a treatment facility and not a jail. A term of four days will be deemed to have been served for every two days spent in actual custody against the maximum term of diversion. A defendant not in actual custody shall otherwise receive day for day credit against the term of diversion from the date the defendant is accepted into diversion. “Actual custody” has the same meaning as in Section 4019. (e) This section shall apply only as provided in subdivision (b) of Section 1367.

SEC. 5. Section 5801 of the Welfare and Institutions Code is amended to read:
5801. (a) A system of care for adults and older adults with severe mental illness results in the highest benefit to the client, family, and community while ensuring that the public sector meets its legal responsibility and fiscal liability at the lowest possible cost.
(b) The underlying philosophy for these systems of care includes the following:
(1) Mental health care is a basic human service.
(2) Seriously mentally disordered adults and older adults are citizens of a community with all the rights, privileges, opportunities, and responsibilities accorded other citizens. (3) Seriously mentally disordered adults and older adults usually have multiple disorders and disabling conditions and should have the highest priority among adults for mental health services. (4) Seriously mentally disordered adults and older adults should have an interagency network of services with multiple points of access and be assigned a single person or team to be responsible for all treatment, case management, and community support services.

11.A.e
Packet Pg. 113 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 7/20 (5) The client should be fully informed and volunteer for all treatment provided, unless danger to self or others or grave disability requires temporary involuntary treatment, or the client is under a court order for assisted outpatient treatment pursuant to Section 5346 and, prior to the filing of the petition for assisted outpatient treatment pursuant to Section 5346, the client has been offered an opportunity to participate in treatment on a voluntary basis and has failed to engage in that treatment, or the client is under a court order for CARE pursuant to Part 8 (commencing with Section 5970) and, prior to the court-ordered CARE plan, the client has been offered an opportunity to enter into a CARE agreement on a voluntary basis and has declined to do so. (6) Clients and families should directly participate in making decisions about services and resource allocations that affect their lives.
(7) People in local communities are the most knowledgeable regarding their particular environments, issues, service gaps and strengths, and opportunities.
(8) Mental health services should be responsive to the unique characteristics of people with mental disorders including age, gender, minority and ethnic status, and the effect of multiple disorders. (9) For the majority of seriously mentally disordered adults and older adults, treatment is best provided in the client’s natural setting in the community. Treatment, case management, and community support services should be designed to prevent inappropriate removal from the natural environment to more restrictive and costly placements. (10) Mental health systems of care shall have measurable goals and be fully accountable by providing measures of client outcomes and cost of services.
(11) State and county government agencies each have responsibilities and fiscal liabilities for seriously mentally disordered adults and seniors.

SEC. 6. Section 5813.5 of the Welfare and Institutions Code is amended to read:
5813.5. Subject to the availability of funds from the Mental Health Services Fund, the state shall distribute funds for the provision of services under Sections 5801, 5802, and 5806 to county mental health programs. Services shall be available to adults and seniors with severe illnesses who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. For purposes of this act, “seniors” means older adult persons identified in Part 3 (commencing with Section 5800) of this division.
(a) Funding shall be provided at sufficient levels to ensure that counties can provide each adult and senior served pursuant to this part with the medically necessary mental health services, medications, and supportive services set forth in the applicable treatment plan.
(b) The funding shall only cover the portions of those costs of services that cannot be paid for with other funds, including other mental health funds, public and private insurance, and other local, state, and federal funds. (c) Each county mental health program’s plan shall provide for services in accordance with the system of care for adults and seniors who meet the eligibility criteria in subdivisions (b) and (c) of Section 5600.3. (d) Planning for services shall be consistent with the philosophy, principles, and practices of the Recovery Vision for mental health consumers:
(1) To promote concepts key to the recovery for individuals who have mental illness: hope, personal empowerment, respect, social connections, self-responsibility, and self-determination. (2) To promote consumer-operated services as a way to support recovery. (3) To reflect the cultural, ethnic, and racial diversity of mental health consumers. (4) To plan for each consumer’s individual needs.
(e) The plan for each county mental health program shall indicate, subject to the availability of funds as determined by Part 4.5 (commencing with Section 5890) of this division, and other funds available for mental health services, adults and seniors with a severe mental illness being served by this program are either receiving services from this program or have a mental illness that is not sufficiently severe to require the level of services required of this program.
(f) Each county plan and annual update pursuant to Section 5847 shall consider ways to provide services similar to those established pursuant to the Mentally Ill Offender Crime Reduction Grant Program. Funds shall not be used to pay for persons incarcerated in state prison. Funds may be used to provide services to persons who are participating in a presentencing or postsentencing diversion program or who are on parole, probation, postrelease community

11.A.e
Packet Pg. 114 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 8/20 supervision, or mandatory supervision. When included in county plans pursuant to Section 5847, funds may be used for the provision of mental health services under Sections 5347 and 5348 in counties that elect to participate in the Assisted Outpatient Treatment Demonstration Project Act of 2002 (Article 9 (commencing with Section 5345) of Chapter 2 of Part 1), and for the provision of services to clients pursuant to Part 8 (commencing with Section 5970). (g) The department shall contract for services with county mental health programs pursuant to Section 5897. After November 2, 2004, the term “grants,” as used in Sections 5814 and 5814.5, shall refer to those contracts.

SEC. 7. Part 8 (commencing with Section 5970) is added to Division 5 of the Welfare and Institutions Code, to read:

PART 8. The Community Assistance, Recovery, and Empowerment Act CHAPTER 1. General Provisions
5970. This part shall be known, and may be cited, as Community Assistance, Recovery, and Empowerment (CARE) Act.
5970.5. It is the intent of the Legislature that this part be implemented in a manner that ensures it is effective. This part shall be implemented as follows, with technical assistance and continuous quality improvement, pursuant to Section 5983:
(a) A first cohort of counties, representing at least one-half of the population of the state, shall begin no later than July 1, 2023, with additional funding provided to support the earlier implementation date. (b) A second cohort of counties, representing the remaining population of the state, shall begin no later than July 1, 2024.
5971. Unless the context otherwise requires, the following definitions shall govern the construction of this part. (a) “CARE agreement” means a voluntary settlement agreement entered into by the parties. A CARE agreement includes the same elements as a CARE plan to support the respondent in accessing community-based services and supports.
(b) “CARE plan” means an individualized, appropriate range of community-based services and supports consisting of supports, as set forth in this part, which include clinically appropriate behavioral health care, care and stabilization medications, housing, and enumerated services, other supportive services, as appropriate, pursuant to Section 5982. (c)“CARE supporter” means an adult, designated pursuant to Chapter 4 (commencing with Section 5980), who assists the person who is the subject of the petition, which may include supporting the person to understand, make, communicate, implement, or act on their own life decisions during the CARE Act court process, including a CARE agreement, a CARE plan, and a graduation plan. A CARE supporter shall not act independently. (c) “Counsel” means the attorney representing the respondent, provided pursuant to Section 5980, or chosen by the respondent, in CARE proceedings and matters related to CARE agreements and CARE plans. (d) “County behavioral health agency” means the local director of mental health services described in Section 5607, the local behavioral health director, or both as applicable, or their designee. (e) “Court-ordered evaluation” means an evaluation ordered by a superior court pursuant to Section 5977. (f) “Graduation plan” means a voluntary agreement entered into by the parties at the end of the CARE program that includes a strategy to support a successful transition out of court jurisdiction and that may include a psychiatric advance directive. A graduation plan includes the same elements as a CARE plan to support the respondent in accessing community-based services and supports. The graduation plan shall not place additional requirements on the counties local government entities and is not enforceable by the court. (g) “Indian health care provider” means a health care program operated by the Indian Health Service, an Indian tribe, a tribal organization, or urban Indian organization (I/T/U) as those terms are defined in Section 4 of the Indian Health Care Improvement Act (25 U.S.C. Sec. 1603).
(h) “Licensed behavioral health professional” means either of the following:
(1) A licensed mental health professional, as defined in subdivision (j) of Section 4096. (2) A person who has been granted a waiver of licensure requirements by the State Department of Health Care Services pursuant to Section 5751.2.

11.A.e
Packet Pg. 115 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 9/20 (i) “Parties” means the respondent, the county behavioral health agency in the county where proceedings under this part are pending, and other parties added by the court pursuant to clause (ii) of subparagraph (B) of paragraph (3) of subdivision (d) of Section 5977.
(j) “Psychiatric advance directive” means a legal document, executed on a voluntary basis by a person who has the capacity to make medical decisions, that allows a person with mental illness to protect their autonomy and ability to self-direct care by documenting their preferences for treatment in advance of a mental health crisis. (k) “Respondent” means the person who is subject to the petition for CARE Act court proceedings. (l) “Stabilization medications” means medications included in the CARE plan that primarily consist of antipsychotic medications, to reduce symptoms of hallucinations, delusions, and disorganized thinking. Stabilization medications may be administered as long-acting injections if clinically indicated. Stabilization medications shall not be forcibly administered.
(m) “Supporter” means an adult, designated pursuant to Chapter 4 (commencing with Section 5980), who assists the person who is the subject of the petition, which may include supporting the person to understand, make, communicate, implement, or act on their own life decisions during the CARE Act court process, including a CARE agreement, a CARE plan, and developing a graduation plan. A supporter shall not act independently. (n) “Trauma-informed care” means practices that recognize and respond to the signs, symptoms, and risks of trauma to better support the health needs of patients who have experienced Adverse Childhood Experiences (ACEs) and toxic stress.

CHAPTER 2. Process
5972. An individual shall qualify for CARE proceedings only if all of the following criteria are met:
(a) The person is 18 years of age or older.
(b) The person is currently suffering from experiencing a severe mental illness, as defined in paragraph (2) of subdivision (b) of Section 5600.3 and has a diagnosis of schizophrenia spectrum or other psychotic disorder, as defined in the most current version of the Diagnostic and Statistical Manual of Mental Disorders. This section does not establish respondent eligibility based upon a psychotic disorder that is due to a medical condition or is not primarily psychiatric in nature, including, but not limited to, physical health conditions such as traumatic brain injury, autism, dementia, or neurologic conditions. A person who has a current diagnosis of substance use disorder as defined in paragraph (2) of subdivision (a) of Section 1374.72 of the Health and Safety Code, but who does not meet the required criteria in this section shall not qualify for CARE proceedings. (c) The person is not clinically stabilized in on-going voluntary treatment. (d) At least one of the following is true:
(1) The person is unlikely to survive safely in the community without supervision and the person’s condition is substantially deteriorating.
(2) The person is in need of services and supports in order to prevent a relapse or deterioration that would be likely to result in grave disability or serious harm to the person or others, as defined in Section 5150. (e) Participation in the CARE Act services would be the least restrictive alternative necessary to ensure the person’s recovery and stability.
(f) It is likely that the person will benefit from CARE Act services. the CARE Act. 5973. (a) Proceedings under this part may be commenced in any of the following:
(a)
(1) The county in which the respondent resides.
(b)
(2) The county where the respondent is found.
(c)
(3) The county where the respondent is facing criminal or civil proceedings.

11.A.e
Packet Pg. 116 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 10/20 (b) If the respondent does not reside in the county in which proceedings are initiated under this subdivision, as determined in accordance with Section 244 of the Government Code, except as provided in subdivision (e) of Section 5982, and this part is operative in the respondent’s county of residence, the proceeding shall, with the respondent’s consent, be transferred to the county of residence as soon as reasonably feasible. Should the respondent not consent to the transfer, the proceedings shall continue in the county where the respondent was found. 5974. The following persons may file a petition to initiate CARE proceedings:
(a) A person 18 years of age or older with whom the respondent resides. (b) A spouse, parent, adult sibling, adult child, or grandparent or other adult who stands in loco parentis to the respondent.
(c) The director of a hospital, or their designee, in which the respondent is hospitalized, including hospitalization pursuant to Section 5150 or 5250.
(d) The director of a public or charitable organization, agency, or home, or their designee, who has, within the previous 30 days, provided or who is currently providing behavioral health services to the respondent or in whose institution the respondent resides.
(e) A licensed behavioral health professional, or their designee, who is, or has been within the previous 30 days, either supervising the treatment of, or treating the respondent for a mental illness. (f) A first responder, including a peace officer, firefighter, paramedic, emergency medical technician, mobile crisis response worker, or homeless outreach worker, who has had repeated interactions with the respondent in the form of multiple arrests, multiple detentions and transportation pursuant to Section 5150, multiple attempts to engage the respondent in voluntary treatment, or other repeated efforts to aid the respondent in obtaining professional assistance.
(g) The public guardian or public conservator, or their designee, of the county in which the respondent is present or reasonably believed to be present.
(h) The director of a county behavioral health agency, or their designee, of the county in which the respondent is present or reasonably believed to be present. resides or is found. (i) The director of county adult protective services, or their designee, of the county in which the respondent is present or is reasonably believed to be present. resides or is found. (j) The director of a California Indian health services program, California tribal behavioral health department, or their designee.
(k) The judge of a tribal court that is located in California, or their designee. (l) A prosecuting attorney, pursuant to subdivision (b) of Section 5978. (m) The respondent.
5975. The petition shall be signed under the penalty of perjury and contain all of the following:
(a) The name of the respondent and, if known, the respondent’s address. (b) The petitioner’s relationship to the respondent.
(c) Facts that support the petitioner’s assertion that the respondent meets the CARE criteria in Section 5972. (d) Either of the following:
(1) An affidavit of a licensed behavioral health professional, stating that the licensed behavioral health professional or their designee has examined the respondent within 60 days of the submission of the petition, or has made multiple attempts to examine, but has not been successful in eliciting the cooperation of the respondent to submit to an examination, within 60 days of the petition, and that the licensed behavioral health professional had determined that the respondent meets, or has reason to believe, explained with specificity in the affidavit, that the respondent meets the diagnostic criteria for CARE proceedings. (2) Evidence that the respondent was detained for a minimum of two intensive treatments pursuant to Article 4 (commencing with Section 5250) of Chapter 2 of Part 1, the most recent one within the previous 60 days.

11.A.e
Packet Pg. 117 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 11/20 5975.1. Notwithstanding Section 391 of the Code of Civil Procedure, if a person other than the respondent files a petition for CARE Act proceedings that is without merit or is intended to harass or annoy the respondent, and the person has previously filed pleadings a pleading in CARE Act proceedings that were was without merit or were was intended to harass or annoy the respondent, the petition shall be grounds for the court to determine that the person is a vexatious litigant for the purposes of Title 3A (commencing with Section 391) of Part 2 of the Code of Civil Procedure.
5976. The respondent shall:
(a) Receive notice of the hearings.
(b) Receive a copy of the court-ordered evaluation.
(c) Be represented by counsel at all stages of a proceeding commenced under this chapter, regardless of the ability to pay.
(d) Be offered a CARE allowed to have a supporter, as described in Section 5982. (e) Be present at the hearing unless the respondent waives the right to be present. (f) Have the right to present evidence.
(g) Have the right to call witnesses.
(h) Have the right to cross-examine witnesses.
(i) Have the right to appeal decisions, and to be informed of the right to appeal. 5976.5. (a) Notwithstanding any other law, and except as otherwise provided in this section, a hearing held under this part is presumptively closed to the public.
(b) The respondent may demand that the hearing be public and be held in a place suitable for attendance by the public.
(c) The respondent may request the presence of any family member or friend without waiving the right to keep the hearing closed to the rest of the public.
(d) A request by any other party to the proceeding to make the hearing public may be granted if the judge, hearing officer, or other person judge conducting the hearing finds that the public interest in an open hearing clearly outweighs the respondent’s interest in privacy.
(e) Before commencing a hearing, the judge shall inform the respondent of their rights under this section. 5977. (a) (1) The court shall promptly review the petition to determine if the petition may contain the information required by Section 5975.
(2) If the court finds that the petition does not contain the information required by Section 5975, the court shall dismiss the case without prejudice subject to consideration of Section 5975.1. (3) If, based upon the information in the petition, the court finds that the petition may contain the information required by Section 5975, the court shall order a county agency, or their designee, as determined by the presiding judge, to investigate, as necessary, and file a written report with the court within 21 days that includes a determination as to whether the respondent meets, or is likely to meet, the criteria for CARE proceedings and the outcome of efforts made to voluntarily engage the respondent during the 21-day report period. The court shall provide notice to the respondent and petitioner that a report has been ordered. (4) The county agency shall submit a written report to the court with the findings and conclusions of the investigation, along with any recommendations. If the county agency is making progress to engage the respondent, it may request up to an additional 30 days to continue to engage and enroll the individual in treatment and services.
(5) The court shall, within five days of receipt of the report, review the report and take one of the following actions:
(A) If the court determines that the respondent meets, or likely meets the criteria, and engagement is not effective, the court shall do all of the following:
(i) Set an initial hearing within 14 days.

11.A.e
Packet Pg. 118 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 12/20 (ii) (I) Appoint counsel, unless the respondent has retained their own counsel. (II) If the respondent has not retained legal counsel and does not plan to retain legal counsel, whether or not the respondent lacks or appears to lack legal capacity, the court shall, before the time of the initial hearing, appoint a qualified legal services project, as defined in Sections 6213 to 6214.5, inclusive, of the Business and Professions Code or, if no legal services project has agreed to accept these appointments, a public defender to represent the respondent for all purposes related to this part, including appeals. (III) Counsel appointed in this case shall have the authority to represent the individual in any proceeding under this part, and shall have the authority to represent the individual, as needed, in matters related to CARE agreements and CARE plans.
(iii) Appoint a CARE Allow the respondent to select a supporter, unless the respondent chooses their own CARE supporter or chooses not to have a CARE supporter. (iv) Provide notice of the hearing to the petitioner, the respondent, the appointed counsel and CARE counsel, the supporter, and the county behavioral health agency in the county where the respondent resides. resides, and, if different, the county where the CARE court proceedings have commenced. (B) If the court determines that the respondent meets, or likely meets, the criteria, voluntary engagement is effective, and that the individual has enrolled in behavioral health treatment, the court shall dismiss the matter. (C) If the court determines that the individual does not meet, or is likely not to meet, the criteria, the court shall dismiss the matter. This section shall not prevent county behavioral health from voluntarily engaging with individuals who do not meet CARE criteria but who are in need of services and supports. (6) If the court dismisses the matter pursuant to subparagraph (B) or (C) of paragraph (5), the court shall notify the petitioner and the respondent of the dismissal and the reason for dismissal. The petitioner shall have the ability to request reconsideration of the dismissal within 10 days. Should the court grant reconsideration, the court may set an initial hearing as outlined in subparagraph (A) of paragraph (5). (b) At the initial hearing, the court shall permit the respondent to substitute their own counsel for appointed counsel and substitute their own CARE supporter for the appointed CARE supporter or elect to proceed without a CARE supporter. counsel.
(c) All of the following apply for the initial hearing:
(1) The petitioner shall be present. If the petitioner is not present, the matter may be dismissed. (2) The respondent may waive their appearance and appear through their counsel. If the respondent does not waive their appearance and does not appear at the hearing, and appropriate attempts to elicit the attendance of the respondent have failed, the court may conduct the hearing in the respondent’s absence. If the hearing is conducted without the respondent present, the court shall set forth the factual basis for doing so and the reasons the proceedings will be successful without the respondent’s presence. (3) A representative from the county behavioral health agency shall be present. (4) The CARE supporter shall supporter may be present, subject to the consent of the respondent. (5) If the respondent is enrolled in a federally recognized Indian tribe or is otherwise receiving services from an Indian health care provider, a tribal court, or a tribal organization, a representative from the program, the tribe, or the tribal court shall be allowed to be present, subject to the consent of the respondent. (d) (1) At the initial hearing, the court shall determine if the petitioner has presented prima facie evidence that the respondent meets the CARE criteria. In making this determination, the court shall consider all evidence properly before it, including the report from the county required pursuant to paragraph (3) of subdivision (a) and any additional evidence presented by the parties.
(2) If the court finds there is no reason to believe that the facts stated in the petition are true, the court shall dismiss the case without prejudice, unless the court makes a finding, on the record, that the petitioner’s filing was not in good faith. Any new petition shall be based on changed circumstances that warrant a new petition. (3) If the court finds that there is reason to believe that the facts stated in the petition appear to be true, the court shall order the county behavioral health agency to work with the respondent, the respondent’s counsel, and the CARE supporter to engage in behavioral health treatment. The court shall set a case management hearing within 14 days.

11.A.e
Packet Pg. 119 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 13/20 (4) If the respondent is enrolled in a federally recognized Indian tribe, the court shall provide notice of the case management hearing to the tribe, subject to the consent of the respondent. 5977.1. (a) (1) At the case management hearing, the court shall determine whether the parties may enter into a CARE agreement.
(2) The court’s findings that the parties may enter into a CARE agreement shall require a recitation of all terms and conditions on the record.
(3) If the court finds that the parties have agreed to a CARE agreement, and the court agrees with the terms of the CARE agreement, the court shall stay the matter and set a progress hearing for 60 days. (b) (1) If the court finds that the parties have not reached, and are not likely to reach, a CARE agreement, the court shall order a clinical evaluation of the respondent. The evaluation shall address the clinical diagnosis and shall address the issue of whether the defendant has capacity to give informed consent regarding psychotropic medication. (2) The court shall order the county behavioral health agency, through a licensed behavioral health professional, to conduct the evaluation unless there is an existing clinical evaluation of the respondent completed within the last 30 days and the parties stipulate to the use of that evaluation. (c) (1) The court shall set a clinical evaluation hearing to review the evaluation within 14 days. (2) At the clinical evaluation review hearing, the court shall review the evaluation and any other evidence from the petitioner, the county behavioral health agency, the respondent, and, if requested by the respondent, the CARE and the supporter. The petitioner and the respondent may present evidence and call witnesses, including the person who conducted the evaluation. Only relevant and admissible evidence that fully complies with the rules of evidence may be considered by the court.
(3) The clinical evaluation hearing may be continued for a maximum of 14 days upon stipulation of the respondent and the county behavioral health agency, unless there is good cause for a longer extension. (4) (A) If the court finds by clear and convincing evidence, after review of the evaluation and other evidence, that the respondent meets the CARE criteria, the court shall order the county behavioral health agency, the respondent, and the respondent’s counsel and CARE supporter to jointly develop a CARE plan. (B) The respondent and the county behavioral health agency may request appellate review of the order to develop a CARE plan.
(5) If the court finds, in reviewing the evaluation, that clear and convincing evidence does not support that the respondent meets the CARE criteria, the court shall dismiss the petition. (6) The evaluation and all reports, documents, and filings submitted to the court shall be confidential. (d) (1) The CARE plan shall be developed by the respondent, in consultation with their CARE supporter and counsel, and the county behavioral health agency.
(2) If the proposed CARE plan includes services and supports, such as housing, provided directly or indirectly through another local governmental entity, that local entity may agree to provide the service or support or the court may consider a motion by either of the parties to add the local entity as a party to the CARE proceeding. (3) If the respondent is an American Indian or Alaska Native individual, as defined in Sections 1603(13), 1603(28), and 1679(a) of Title 25 of the United States Code, has been determined eligible as an Indian under Section 136.12 of Title 42 of the Code of Federal Regulations, or is otherwise receiving services from an Indian health care provider or tribal court, the county behavioral health agency shall use best efforts to meaningfully consult with and incorporate the Indian health care provider or tribal court available to the respondent to develop the CARE plan. (4) The date for the hearing to review and consider approval of the proposed CARE plan shall be set not more than 14 days from the date of the order to develop a CARE plan, unless there is good cause for an extension. (e) (1) The county behavioral health agency or the respondent, or both, may present a proposed CARE plan. (2) After reviewing the proposed CARE plan and hearing from the parties, the court may issue any orders necessary to support the respondent in accessing appropriate services and supports, including prioritization for those services and supports, subject to applicable laws and available funding pursuant to Section 5982. (3) A court may only order medication if it finds, upon review of the court-ordered evaluation and hearing from the parties that, by clear and convincing evidence, the respondent lacks the capacity to give informed consent to the

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Packet Pg. 120 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 14/20 administration of medically necessary medication, including antipsychotic medication. To the extent the court orders medically necessary stabilization medication, the medication shall not be forcibly administered and the respondent’s failure to comply with a medication order shall not result in a penalty, including, but not limited to, contempt or Section 5979.
(4) If the court determines that additional information is needed, including from a licensed behavioral health professional, the court shall order a supplemental report to be filed and the court may grant a continuance for no more than 14 days, unless there is good cause for an extension. (5) If there is no CARE plan because the parties have not had sufficient time to complete it, the court may grant a continuance for no more than 14 days, unless there is good cause for an extension. (f) The issuance of the order approving the CARE plan begins the up-to-one-year CARE program timeline. 5977.2. (a) (1) At intervals of not less than 60 days during the CARE plan implementation, the court shall have a status review hearing. The county behavioral health worker agency assigned to the respondent’s case shall file with the court and serve on the respondent, and the respondent’s counsel and CARE supporter, a report not less than seven days prior to the review hearing with the following information:
(A) Progress the respondent has made on the CARE plan.
(B) What services and supports in the CARE plan were provided, and what services and supports were not provided.
(C) Any issues the respondent expressed or exhibited in adhering to the CARE plan. (D) Recommendations for changes to the services and supports to make the CARE plan more successful. (2) Subject to applicable law, intermittent lapses or setbacks described in this section of the report shall not impact access to services, treatment, or housing.
(3) A status review hearing shall occur unless waived by all parties and approved by the court. (b) The county behavioral health agency or the respondent may request, or the court upon its own motion may set, a hearing to occur at any time during the CARE Act proceedings to address a change of circumstances. 5977.3. (a) (1) In the 11th month of the program timeline, the court shall hold a one-year status hearing. At that hearing, the court shall determine whether to graduate the respondent from the program with a graduation plan or reappoint the respondent to the program for another term, not to exceed one year. (2) The one-year status hearing shall be an evidentiary hearing. At least seven days prior to the one-year status hearing, the county behavioral health agency shall submit to the court and to the respondent, the respondent’s counsel, and the respondent’s CARE supporter, a report on the progress the respondent has made on the CARE plan, what services and supports in the CARE plan were provided, what services and supports were not provided, any issues the respondent had in adhering to the plan, and any recommendations for completion and graduation or continuation in CARE Act programming. The respondent shall have the right at the hearing to call witnesses and present evidence information as to whether or not the respondent agrees with the report. (b) (1) If the respondent has successfully completed participation in the one-year CARE program, the respondent shall not be reappointed to the program. The court shall review with the parties the voluntary agreement for a graduation plan to support a successful transition out of court jurisdiction and may include a psychiatric advance directive. The graduation plan shall not place additional requirements on the counties local government entities and is not enforceable by the court.
(2) At the one-year status hearing, the respondent may request reappointment to the CARE program. Act. If the respondent elects to accept voluntary reappointment to the program, reappointment, the respondent may request any amount of time, up to and including one additional year, to be reappointed to the CARE program. Act. A respondent may only be reappointed to the CARE program once, for up to one additional year. The respondent may be voluntarily reappointed to the program if the court finds by clear and convincing evidence that all both of the following conditions apply:
(A) The respondent did not successfully complete the program. CARE Act. (B) The respondent would benefit from continuation of the CARE program. in the CARE Act. (C)The court finds, by clear and convincing evidence, that the respondent currently meets the requirements in Section 5972.

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Packet Pg. 121 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 15/20 (3)If the courts finds that the respondent has not successfully completed the program and that the respondent would benefit from continuation of the program, and the court cannot find, by clear and convincing evidence, that the respondent currently meets the requirements in Section 5972, but the respondent voluntarily requests to continue the program, the court may require that the county continue to provide the services and supports required in the CARE plan for another year.
(c) The respondent may be involuntarily reappointed to the program only if the court finds, by clear and convincing evidence, that all of the following conditions apply:
(1) The respondent did not successfully complete the program. CARE Act. (2) All services and supports required by through the CARE plan Act proceedings were provided to the respondent. (3) The respondent would benefit from continuation in the CARE program. Act. (4) The respondent currently meets the requirements in Section 5972. (d) A respondent may only be reappointed to the CARE program Act once, for up to one additional year. 5977.4. (a) The judge shall control all proceedings during the hearings with a view to the expeditious and effective ascertainment of the jurisdictional facts and the ascertainment of all information relative to the present condition and future welfare of the respondent. Except when there is a contested issue of fact or law, the proceedings shall be conducted in an informal nonadversarial atmosphere with a view to obtaining the maximum cooperation of the respondent, all persons interested in the respondent’s welfare, and all other parties, with any provisions that the court may make for the disposition and care of the respondent. All evaluations and reports, documents, and filings submitted to the court pursuant to CARE Act proceedings shall be confidential. (b) The hearings described in this chapter shall occur in person unless the court, in its discretion, allows a party or witness to appear remotely through the use of remote technology. The respondent shall have the right to be in person for all hearings.
(c) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules to implement the policies and provisions in this section and in Sections 5977, 5977.1, 5977.2, and 5977.3 to promote statewide consistency, including, but not limited to, what is included in the petition form packet, the clerk’s review of the petition, and the process by which counsel and CARE supporter will be appointed. 5978. (a) A court may refer an individual from assisted outpatient treatment and conservatorship proceedings to CARE proceedings. If the individual is being referred from assisted outpatient treatment, the county behavioral health director or their designee may be the petitioner. If the individual is being referred from conservatorship proceedings, the conservator may be the petitioner.
(b) A court may refer an individual from misdemeanor proceedings pursuant to Section 1370.01 of the Penal Code, in which case the prosecuting attorney may be the petitioner.

CHAPTER 3. Accountability
5979. (a) (1) If, at any time during the proceedings, the court determines by clear and convincing evidence that the respondent is not participating in CARE proceedings, after the respondent receives notice, or is not adhering to their CARE plan, after the respondent receives notice, the court may terminate the respondent’s participation in the CARE program.
(2) To ensure the respondent’s safety, the court may utilize existing legal authority pursuant to Article 2 (commencing with Section 5200) of Chapter 2 of Part 1. The court shall provide notice to the county behavioral health agency and the Office of the Public Conservator and Guardian if the court utilizes that authority. (3) If the respondent was timely provided with all of the services and supports required by the CARE plan, the fact that the respondent failed to successfully complete their CARE plan, including reasons for that failure, shall be a fact considered by the court in a subsequent hearing under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000)), provided that the hearing occurs withing six months of the termination of the CARE plan and shall create a presumption at that hearing that the respondent needs additional intervention beyond the supports and services provided by the CARE plan.
(b) If, at any time during the proceedings, the court finds that the county or other local government entity is not complying with court orders, the court may fine the county or other local government entity up to one thousand dollars ($1,000) per day for noncompliance. If a county or other local government entity is found to be persistently

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Packet Pg. 122 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 16/20 noncompliant, the court may appoint a receiver to secure court-ordered care for the respondent at the county’s cost.

In determining the application of the remedies available, the court shall consider whether there are any mitigating circumstances impairing the ability of the county or other local government entity to fully comply with the requirements of this part. Funds collected pursuant to this subdivision shall be deposited in a special fund and used to support county activities serving individuals with serious mental illness. the CARE Act Accountability Fund, which is hereby created in the State Treasury. All moneys in the fund shall be used, upon appropriation, by the State Department of Health Care Services to support local government efforts that will serve individuals who have schizophrenia or other psychotic disorders and who experience, or are at risk of, homelessness, criminal justice involvement, hospitalization, or conservatorship.
(c) Either the respondent or the county behavioral health agency may appeal an adverse court determination.

CHAPTER 4. The CARE Supporter and Counsel
5980. (a) Subject to appropriation, the California Department of Aging shall administer the CARE Supporter program, which shall make available a trained CARE supporter to the respondent, who may accept, decline, or choose their own CARE supporter. The department shall train CARE supporters on supported decisionmaking with individuals who have behavioral health conditions, with support and input from peers, family members, disability groups, providers, the County Behavioral Health Directors Association, and other relevant stakeholders, and on the use of psychiatric advance directives. The department may enter into a technical assistance and training agreement to provide training directly to either CARE supporters or to the contracted entities who will be responsible for hiring and matching CARE supporters to respondents. The CARE Supporter program contracts shall include labor standards under state and federal law. the State Department of Health Care Services, with support and input from relevant stakeholders, shall provide optional training and technical resources for volunteer supporters on CARE Act proceedings, community services and supports, supported decisionmaking, and people with behavioral health conditions, trauma-informed care, and psychiatric advance directives. The department may enter into a technical assistance and training agreement for this purpose, pursuant to Section 5984.
(b) The CARE Supporter program shall be designed to supporter shall do all of the following:
(1) Offer the respondent a flexible and culturally responsive way to maintain autonomy and decisionmaking authority over their own life by developing and maintaining voluntary supports to assist them in understanding, making, communicating, and implementing their own informed choices. (2) Strengthen the respondent’s capacity to engage in and exercise autonomous decisionmaking and prevent or remove the need to use more restrictive protective mechanisms, such as conservatorship. (3) Assist the respondent with understanding, making, and communicating decisions and expressing preferences throughout the CARE court process.
(c)If the respondent chooses to have a CARE supporter outside of the CARE Supporter program, that person may serve as a volunteer CARE supporter without compensation. Optional training shall be made available and strongly encouraged for volunteer CARE supporters.
5981. (a) Notwithstanding any other provision of this part, the respondent may have their CARE a supporter present in any meeting, judicial proceeding, status hearing, or communication related to any of the following:
(1) An evaluation.
(2) Development of a CARE agreement or CARE plan.
(3) Establishing a psychiatric advance directive.
(4) Development of a graduation plan.
(b) A CARE supporter shall supporter is intended to do all the following:
(1) Support the will and preferences of the respondent to the best of their ability and to the extent reasonably possible.
(2) Respect the values, beliefs, and preferences of the respondent. (3) Act honestly, diligently, and in good faith.
(4) Avoid, to the greatest extent possible, and disclose to the court, the respondent, and the respondent’s counsel, minimize, and manage, conflicts of interest. A court may remove a CARE supporter because of any conflict of

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Packet Pg. 123 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 17/20 interest with the respondent, and shall remove the CARE supporter if the conflict cannot be managed in such a way to avoid any possible harm to the respondent.
(c) Unless explicitly authorized by the respondent with capacity to make that authorization, a CARE supporter shall not do either of the following:
(1) Make decisions for, or on behalf of, the respondent, except when necessary to prevent imminent bodily harm or injury.
(2) Sign documents on behalf of the respondent.
(d) In addition to the obligations in this section, a CARE supporter shall be bound by all existing obligations and prohibitions otherwise applicable by law that protect people with disabilities and the elderly from fraud, abuse, neglect, coercion, or mistreatment. This section does not limit a CARE supporter’s civil or criminal liability for prohibited conduct against the respondent, including liability for fraud, abuse, neglect, coercion, or mistreatment, including liability under the Elder Abuse and Dependent Adult Civil Protection Act (Chapter 11 (commencing with Section 15600) of Part 3 of Division 9), including, but not limited to, Sections 15656 and 15657. (e) The CARE supporter shall not be subpoenaed or called to testify against the respondent in any proceeding relating to this part, and the supporter’s presence at any meeting, proceeding, or communication shall not waive confidentiality or any privilege.
5981.5. Subject to appropriation for this purpose, the Judicial Council shall provide funding to qualified legal services projects, as defined in Sections 6213 to 6214.5, inclusive, of the Business and Professions Code, to be used to provide legal counsel appointed pursuant to subdivision (c) of Section 5976, for representation in CARE proceedings, matters related to CARE agreements and CARE plans, and to qualified support centers, as defined in subdivision (b) of Section 6213 of, and Section 6215 of, the Business and Professions Code, for training, support, and coordination.

CHAPTER 5. CARE Plan
5982. (a) The CARE plan may only include the following:
(1) Behavioral health services funded through the 1991 and 2011 Realignment, Medi-Cal behavioral health, nonMedi-Cal behavioral health, commercial plans, health care plans and insurers, services provided pursuant to Part 5 (commencing with Section 17000) of Division 9, and services supported by the Mental Health Services Act pursuant to Part 3 (commencing with Section 5800).
(2) Medically necessary stabilization medications, to the extent not described in paragraph (1). (3) Housing resources funded through the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code); California Housing Accelerator (Chapter 6.6 (commencing with Section 50672) of Part 2 of Division 31 of the Health and Safety Code); the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code); the Homeless Housing, Assistance, and Prevention Program (Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code); the Encampment Resolution Funding Program (Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code); the Project Roomkey and Rehousing Program pursuant to Provision 22 of Item 5180-151-0001 of the Budget Act of 2021 (Ch. 21, Stats. 2021); the Community Care Expansion Program (Chapter 20 (commencing with Section 18999.97) of Part 6 of Division 9 of the Welfare and Institutions Code); the CalWORKs Housing Support Program (Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code); the CalWORKs Homeless Assistance pursuant to clause (i) of subparagraph (A) of paragraph (2) of subdivision (f) of Section 11450 of Article 6 of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code; the Housing and Disability Advocacy Program (Chapter 17 (commencing with Section 18999) of Part 6 of Division 9 of the Welfare and Institutions Code); the Home Safe Program (Chapter 14 (commencing with Section 15770) of Part 3 of Division 9 of the Welfare and Institutions Code); the Bringing Families Home Program (Article 6 (commencing with Section 16523) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code); the Transitional Housing Placement program for nonminor dependents (Article 4 (commencing with Section 16522) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code); the Transitional Housing Program-Plus pursuant to subdivision (s) of Section 11400 and paragraph (2) of subdivision (a) of Section 11403.2 of Article 5 of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code and Article 4 (commencing with Section 16522) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code; the Behavioral Health Continuum Infrastructure Program (Chapter 1 (commencing with Section 5960) of Part 7 of Division 5 of the Welfare and Institutions Code); the Behavioral Health Bridge Housing Program; HUD-Veterans Affairs Supportive Housing Program (Section 8(o)(19) of the United States Housing Act of 1937 [42 U.S.C. Section 1437f(o)(19)]); Supportive Services for Veteran Families

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Packet Pg. 124 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 18/20 (Section 604 of the Veterans’ Mental Health and Other Care Improvements Act of 2008 [38 U.S.C. Sec. 2044]); HUD Continuum of Care program (Section 103 of the McKinney-Vento Homeless Assistance Act [42 U.S.C. Sec. 11302]); the Emergency Solutions Grant (Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act [42 U.S.C. Secs. 11371-11378]); HUD Housing Choice Voucher program (Section 8 of the United States Housing Act of 1937 [42 U.S.C. Sec. 1437f]); the Emergency Housing Vouchers (Section 3202 of the American Rescue Plan Act of 2021 [Public Law 117-2]; Section 8(o) of the United States Housing Act of 1937 [42 U.S.C. Sec. 1437f(o)]); HOME Investment Partnerships Program (Title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. Sec. 12721 et seq.]); the Community Development Block Grant Program (Title 1 of the Housing and Community Development Act of 1974 [42 U.S.C. Sec. 5301 et seq.]); housing supported by the Mental Health Services Act pursuant to Part 3 (commencing with Section 5800); community development block grants; and other state and federal housing resources.
(4) Social services funded through Supplemental Security Income/State Supplementary Payment (SSI/SSP), Cash Assistance Program for Immigrants (CAPI), CalWORKs, California Food Assistance Program, In-Home Supportive Services program, and CalFresh.
(5) Services provided pursuant to Part 5 (commencing with Section 17000) of Division 9. (b) Individuals who are CARE program participants shall be prioritized for any appropriate bridge housing funded by the Behavioral Health Bridge Housing program.
(c) All CARE plan services and supports ordered by the court are subject to all applicable federal and state statutes and regulations, contractual provisions, and policy guidance governing program eligibility and available funding, including, but not limited to, the following: funding. In addition to the resources funded through programs listed in subdivision (a), the State Department of Health Care Services may identify other adjacent covered Medi-Cal services, including, but not limited to, enhanced care management and available community supports, which may be provided, although not ordered, by the court, subject to all applicable federal and state statutes, regulations, contractual provisions, and policy guidance.
(1)Medically necessary behavioral health treatment and stabilization medications covered under the Medi-Cal program, including, but not limited to, treatment authorized pursuant to Article 3.2 (commencing with Section 14124.20) of Chapter 7 of Part 3 of Division 9 of, Section 14184.400 of, or Chapter 8.9 (commencing with Section 14700) of Part 3 of Division 9 of, this code or Section 11758.20 of the Health and Safety Code. (2)Housing resources funded through the programs listed in paragraph (3) of subdivision (a). (3)SSI/SSP, CAPI, CalWORKs, and CalFresh.
(4)Other adjacent covered Medi-Cal services identified by the State Department of Health Care Services, including, but not limited to, enhanced care management and available community supports. (d) This section does not prevent a county or other local government entity from recommending their own services that are their own responsibility not listed in subdivision (a) or (c). Any such recommendation is not required by this section and shall be made at the request of the county for the purposes of Section 6 of Article XIII B, and Sections 6 and 36 of Article XIII of the California Constitution.
(e) (1) For respondents who are Medi-Cal beneficiaries, the county in which the respondent resides is the county of responsibility as defined in Section 1810.228 of Title 9 of the California Code of Regulations. (2) If a proceeding commences in a county where the respondent is found or is facing criminal or civil proceedings that is different than the county in which the respondent resides, the county in which the respondent is found or is facing criminal or civil proceedings shall not delay proceedings under this part and is the responsible county behavioral health agency for providing or coordinating all components of the CARE agreement or CARE plan. (3) The county in which the respondent resides, as defined in paragraph (1), shall be responsible for the costs of providing all CARE agreement or CARE plan behavioral health services, as defined in paragraph (1) of subdivision (a).
(4) In the event of a dispute over responsibility for any costs of providing components of the CARE agreement or CARE plan, the impacted counties shall resolve the dispute in accordance with the arbitration process established in Section 1850.405 of Title 9 of the California Code of Regulations for county mental health plans, including for respondents who are not Medi-Cal beneficiaries, and pursuant to any related guidance issued pursuant to subdivision (b) of Section 5984.

CHAPTER 6. Technical Assistance and Administration

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Packet Pg. 125 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 19/20 5983. (a) Subject to appropriation for this purpose, the California Health and Human Services Agency, or a designated department within the agency, shall do both of the following:
(1) Engage an independent, research-based entity, as described in Section 5986, to advise on the development of data-driven process and outcome measures to guide the planning, collaboration, reporting, and evaluation of the CARE Act pursuant to this part.
(2) Provide coordination and on-going engagement with, and support collaboration among, relevant state and local partners and other stakeholders throughout the phases of county implementation to support the successful implementation of the CARE Act.
(b) Subject to appropriation, appropriation for this purpose, the State Department of Health Care Services shall provide training and technical assistance to county behavioral health agencies to support the implementation of this part, including training regarding the CARE statute, CARE plan services and supports, supported decisionmaking, the supporter role, trauma-informed care, elimination of bias, psychiatric advance directives, and data collection. (b)
(c) Subject to appropriation, the Judicial Council, in consultation with the State Department of Health Care Services, other relevant state entities, and the County Behavioral Health Directors Association, shall provide training and technical assistance to judges to support the implementation of this part, including training regarding the CARE statutes, CARE plan services and supports, working with the CARE supporter, supported decisionmaking, the supporter role, trauma-informed care, elimination of bias, best practices, and evidence-based models of care for people with severe behavioral health conditions.
(c)
(d) Subject to appropriation, the State Department of Health Care Services, in consultation with other relevant state departments and the California Interagency Council on Homelessness, shall provide training to counsel regarding the CARE statute and CARE plan services and supports.
5984. (a) For purposes of implementing this part, the California Health and Human Services Agency, Agency and the State Department of Health Care Services, and the California Department of Aging Services may enter into exclusive or nonexclusive contracts, or amend existing contracts, on a bid or negotiated basis. Contracts entered into or amended pursuant to this part shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and the State Administrative Manual, and shall be exempt from the review or approval of any division of the Department of General Services. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the California Health and Human Services Agency, Agency and the State Department of Health Care Services, and the California Department of Aging Services may implement, interpret, or make specific this part, in whole or in part, by means of plan letters, information notices, provider bulletins, or other similar instructions, without taking any further regulatory action.
5985. (a) The State Department of Health Care Services shall develop, in consultation with county behavioral health agencies, CARE supporters, other relevant state or local government entities, disability rights groups, individuals with lived experience, families, counsel, and other appropriate stakeholders, an annual CARE Act report. The department shall post the annual report on its internet website.
(b) County behavioral health agencies and any other state or local governmental entity, as determined identified by the department, shall provide data related to the CARE Act participants, services, and supports to the department.

The department shall determine the data measures and specifications, and notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this part, in whole or in part, by means of plan letters, information notices, provider bulletins, or other similar instructions, without taking any further regulatory action. and shall publish them via guidance issues pursuant to subdivision (b) of Section 5984. (c) Each county behavioral health department and any other state and local governmental entity, as determined identified by the department, shall provide the required data to the department, in a format and frequency as directed by the department.
(d) The department shall provide information on the populations served and demographic data, stratified by age, sex, race, ethnicity, languages spoken, disability, sexual orientation, gender identity, and county, to the extent statistically relevant data is available.

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Packet Pg. 126 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE 7/21/22, 5:32 PM Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1338 20/20 (e) The report shall include, at a minimum, information on the effectiveness of the CARE Act model in improving outcomes and reducing homelessness, criminal justice involvement, conservatorships, and hospitalization of participants. The annual report shall include process measures to examine the scope of impact and monitor the performance of CARE Act model implementation, such as the number and source of petitions filed for CARE Court; the number, rates, and trends of petitions resulting in dismissal and hearings; the number, rates, and trends of supporters; the number, rates, and trends of voluntary CARE agreements; the number, rates, and trends of ordered and completed CARE plans; the services and supports included in CARE plans, including court orders for stabilizing medications; the rates of adherence to medication; the number, rates, and trends of psychiatric advance directives; and the number, rates, and trends of developed graduation plans. The report shall include outcome measures to assess the effectiveness of the CARE Act model, such as improvement in housing status, including gaining and maintaining housing; reductions in emergency department visits and inpatient hospitalizations; reductions in law enforcement encounters and incarceration; reductions in involuntary treatment and conservatorship; and reductions in substance use. The annual report shall examine these data through the lens of health equity to identify racial, ethnic, and other demographic disparities and inform disparity reduction efforts. (f) The outcomes shall be presented to relevant state oversight bodies, including, but not limited to, the California Interagency Council on Homelessness.
5986. (a) The An independent, research-based entity shall be retained by the State Department of Health Care Services shall to develop, in consultation with county behavioral health agencies, county CARE courts, and other appropriate stakeholders, an independent evaluation of the effectiveness of the CARE Act. The independent evaluation shall employ statistical research methodology and include a logic model, hypotheses, comparative or quasi-experimental analyses, and conclusions regarding the extent to which the CARE Act model is associated, correlated, and causally related with the performance of the outcome measures included in the annual reports. The independent evaluation shall highlight racial, ethnic, and other demographic disparities, and include causal inference or descriptive analyses regarding the impact of the CARE Act on disparity reduction efforts. (b) The department shall provide a preliminary report to the Legislature three years after the implementation date of the CARE Act and a final report to the Legislature five years after the implementation date of CARE Act. The department shall post the preliminary and final reports on its internet website. (c) Each county behavioral health department, each county CARE court, and any other state or local governmental entity, as determined by the department, shall provide the required data to the department, in a format and frequency as directed by the department.
(d) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 8. The Legislature finds and declares that Section 7 of this act, which adds Sections 5973.5, 5977.1 and 5977.4 to the Welfare and Institutions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

This act protects the sensitive medical information of the respondent in a CARE court proceeding, including medical and psychological records.

SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

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Packet Pg. 127 Attachment: Bill Text - SB-1338 Community Assistance, Recovery, and Empowerment (CARE) Court Program (Letter of Support for CARE

CITY LETTERHEAD
August 9, 2022
The Honorable Chris R. Holden
Chair, Assembly Appropriations Committee
1021 O St, Suite 8220
Sacramento, CA 95814
RE: SB 1338 (Umberg) Community Assistance, Recovery, and Empowerment (CARE) Court Program (As Amended June 6, 2022) - SUPPORT
Dear Assembly Member Holden,
On behalf of the City of Cotati (City), I write in support of bill SB 1338 (Umberg) which would enact the Community Assistance, Recovery, and Empowerment (CARE) Act, which would authorize specified individuals to petition a civil court to create a voluntary CARE agreement or court-ordered CARE plan and implement county behavioral health agency services to provide behavioral health care to adults suffering from schizophrenia spectrum and psychotic disorders, as specified.

The City understands that addressing housing and homelessness requires a holistic approach grounded in partnerships, and the CARE program proposed under SB 1338 would establish a working partnership between the community, local government (county/city), and the state to further address a root cause of homelessness for a specific segment of the community.

The City is working collaboratively with the County of Sonoma and local nonprofit partners to achieve functional zero homelessness, where every unsheltered resident experiencing homelessness who accepts assistance can be sheltered in temporary or permanent housing. The City is also working collaboratively with the City of Rohnert Park to assist people in our communities with a mobile mental health crisis response team, as an alternative to a law enforcement-only response. Having the CARE program will provide an additional resource to address moderate and severe mental health needs of persons experiencing homelessness.

This bill would lead to important mechanisms that would divert the criminalization of mental health disorders and provide essential resources for the limited, yet critically impacted unhoused members of our community experiencing severe mental health events due to schizophrenia and other psychotic disorders. Local governments currently do not have access to adequate alternatives to address the needs of these individuals who would experience positive outcomes from a CARE plan.

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Packet Pg. 128 Attachment: Draft City Letter of Support on SB 1338 (Letter of Support for CARE Courts) To improve the likelihood of successful implementation of SB 1338, we recommend the following additions to the current language:

1. Allow phasing in the program statewide.

2. Providing increased funding above the current $65 million to support state-wide implementation and long-term costs of this program.

3. Require cities to be included in the development of CARE plans.

4. Only levying sanctions on counties when the court finds persistent or deliberate noncompliance.

We hope these additions will improve the bill and are in strong support of SB 1338. Should you have any questions please contact Damien O’Bid, our City Manager, at (707) 665-3622 or [email protected].

Sincerely,
Mark Landman
Mayor

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Packet Pg. 129 Attachment: Draft City Letter of Support on SB 1338 (Letter of Support for CARE Courts) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Adoption of the Amended City Wide Salary Schedule for Fiscal Year 2022/23 Date: August 09, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt the following; Side Letters for the CEA, CPOA, and CPMA; the amended Non-Represented Confidential and Management Employees Compensation Plan; and the corresponding revised fiscal year 2022/23 salary schedule.

Background
The unrepresented employees are generally confidential or managerial employees that are not represented by a union. The current Unrepresented Compensation Plan, created in 2017, included a 5-year set of inflationary adjustments (aka Cost of Living Adjustments or COLAs), with the final cost of living adjustment in July 2021. Since no further inflationary adjustments were included, it initiated a conversation with these employees about future adjustments and other related elements of the Compensation Plan. This was made more acute by extraordinary inflation in 2023, primarily driven by food and fuel prices. The annual (June to June) San Francisco Bay Area Consumer Price Index for Urban Consumers (CPI-U) was 6.8%, reflecting the highest inflation rates since the dot com bubble in 2002, which also significantly exceeded the cost-of-living increase (2.5%) that represented groups of employees received in the current fiscal year (FY 22-23).

In addition to the shorter-term inflationary pressures, the City is also operating in a challenging labor market, driven by the high cost of living and residual effects of COVID-19 on the economy.

While the unrepresented employees was the primary focus of labor discussions, given the extraordinary inflation this year, it was recognized that it was in the best interest of the City to provide one-time assistance to represented groups in the effort to retain our good employees.

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For transparency as well as effective and efficient financial reporting, City staff have prepared the updated annual complete salary schedule for fiscal year 2022/23.

Analysis/Discussion
The City of Cotati has three separate bargaining units; the Cotati Employees Association (CEA), the Cotati Police Officers Association (CPOA), and the Cotati Police Management Association (CPMA), as well as the Non-Represented group and a single employment agreement with the City Manager.

The amended salary schedule includes the changes in all agreements outlined as follows:

All Bargaining Units:

As a result of continuing inflation, the City is proposing a supplemental 1% to increase the costof-living adjustment for Fiscal Year 2022-2023 as well as an increased Life Insurance benefit from $100,000 to $150,000.

The agreements are proposed to begin in the current payroll cycle (August 1), rather than the start of the fiscal year. This is because current agreements (POA/PMA/CEA) and unrepresented groups are generally not permitted to be retroactive unless term has expired (represented groups) or there is an exceptional circumstance (unrepresented).

Cotati Employees Association:

Given the extraordinary inflation this year, the proposed amendment applies equity adjustments to the base salaries for positions that were significantly below the small city median but were not addressed in the current contract. Additionally, the Maintenance III job position, which is intended to be a foreman position, as well as the Accounting Technician, were adjusted for internal alignment and succession planning. Neither position is currently filled.

Cotati Police Officers Association (CPOA):

This amendment updates the timing of holiday pay, to align with CalPERS reporting requirements.

Cotati Police Management Association (CPMA):

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This amendment updates the timing of holiday pay, to align with CalPERS reporting requirements.

Non-Represented Employees
While the Non-Represented Compensation Plan doesn’t expire, the final cost of living adjustment was in July 2021. In summary, the following changes were made to update the plan:
- Section 4.01.A - Equity adjustments by job titles amending the base salaries to align at the median of the small cities in the region as well as internal alignment. - Section 4.01.B - Set current and future cost of living adjustments consistent with other bargaining units for a period of five (5) years.
- Section 4.02.B - Amend the Longevity to align non-management positions with other negotiated unions and separate the management positions to address desire to minimize disruption and cost due to management turnover and keep institutional knowledge of City operations and strategic project pursuits.
- Section 4.02.C - Revise Certificate supplemental pay for the Police Lieutenant to specify Management POST.
- Section 4.03 - Increase annual uniform reimbursement allowance for the Public Works Superintendent from $250 to $300 and increase the annual uniform allowance for the Police Chief and Lieutenant from $800 to $1,000.
- Sections 5.02.A, 7, Revise Holiday-In-Lieu, Life Insurance, and Constructive Receipts to align with legal requirements and other bargaining units. - Section 8 – Include the Recreation Manager in the listed managerial positions with 40 Hours of admin leave per year.
- Section 10.03C - Subject to the revisions for Constructive receipt the agreement also amends the “Leave Cash Out” to allow the cash out of up to annual accrual amount, provided that a minimum of 80 hours remains available.

Additionally, there was some general cleanup of the compensation plan. The redline/strikeout changes to all of the groups described above are attached to accompanying resolution.

Financial Considerations
Based on modeling the proposed changes, it is anticipated that all of the proposed changes will result in a total increase in labor costs of $188,000 per year, assuming all positions are filled.

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Packet Pg. 132
Based on historical trends (2017-2022), looking at the two largest sources of revenue (sales and property tax), revenue grew by approximately $480,000 each year. Additionally, the City has been also strategically developing cannabis and lodging to supplement revenues and provide new sources to accelerate infrastructure work and improve services to the community. While revenue is always subject to fluctuation based on economic cycles, it is expected that the proposed labor agreement changes are sufficiently conservative to ensure that other city priorities can continue to be met while retaining good employees in a challenging labor market.

There are no budgetary adjustments required at this time due to conservative budgeting and staffing vacancies. With the mid-year evaluation, the Administrative Services Department will supply an analysis of any proposed budgetary adjustments.

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 foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

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Packet Pg. 133
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

THE UNREPRESENTED COMPENSATION PLAN, AUTHORIZING THE CITY

MANAGER TO SIGN SIDE LETTERS BETWEEN THE CITY AND THE

REPRESENTED GROUPS, AND ADOPT THE CORRESPONDING FISCAL YEAR 2022/23 SALARY SCHEDULE.

WHEREAS, the Cotati Municipal Code and Personnel Rules empower the City Council to establish a compensation plan covering all classes of positions; and WHEREAS, on June 28, 2022 (Resolution 2022-28) the City Council of the City of Cotati approved the salary schedule effective the first full pay cycle in fiscal year 2022/23, and WHEREAS, the City Council’s representative has met and conferred in good faith with representatives with the CEA, CPOA, and CPMA, resulting in a side letter of amendment to the Memorandum of Understanding (MOU) effective the pay period including August 9, 2022; and WHEREAS, the City Council’s representative has met and conferred in good faith with representatives with the Non-Represented Confidential and Management Employees to amend their compensation plan bringing it inline with regulations, other unions, and comparable local positions; and
WHEREAS, the City Council finds and determines that the side letter of agreements, the amended Non-Represented Compensation Plan, and corresponding amended salary schedule, attached to this resolution as Exhibit “A-1” (CEA Side Letter), “A-2” (CPOA Side Letter), “A-3” (CPMA Side Letter), Exhibit “A-4” (Compensation Plan for Non-Represented Confidential and Management Employees) and “A-5” (Salary schedule), is appropriate and reasonable for the designated groups; and
WHEREAS, the action of authorizing the City Manager to sign the Side Letters with the CEA, CPOA, CPMA and approving the amended Non-Represented Confidential and Management Employees Compensation Plan and adopting a revised salary schedule does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE

CITY OF COTATI HEREBY

1. Approves the attached side letters of agreement with the CEA, CPOA, CPMA attached to this Resolution as Exhibit “A-1”, “A-2”, and “A-3” respectively, and authorizes the City Manager to execute said side letter.

2. Approves the attached amended Non-Represented Compensation Plan, attached to this Resolution as Exhibit “A-4”.

Packet Pg. 134

3. Approves the attached amended salary schedule as Exhibit “A-5”, effective the pay period including August 9, 2022,

4. Finds that resolutions in conflict herewith are hereby superseded.

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 August 9th, 2022, by the following vote, to wit:

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

A-1 Signed CEA Side Letter (PDF)
A-2 Signed CPOA Side Letter (PDF)
A-3 Signed CPMA Side Letter (PDF)
A-4 - Non-Represented Confidential and Management Employees Compensation Plan (DOCX)
A-5 - SALARY SCHEDULE AUGUST 1, 2022 (PDF)
Packet Pg. 135

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Packet Pg. 136
Attachment: A-1 Signed CEA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Attachment: A-1 Signed CEA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Attachment: A-1 Signed CEA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Attachment: A-1 Signed CEA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Packet Pg. 140
Attachment: A-2 Signed CPOA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Attachment: A-2 Signed CPOA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Attachment: A-2 Signed CPOA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Attachment: A-2 Signed CPOA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Attachment: A-3 Signed CPMA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1)

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Attachment: A-3 Signed CPMA Side Letter (Fiscal Year 2022-23 Salary Schedule Rev. 1) Revision: August 2022
Resolution INSERT

COMPENSATION PLAN

NON-REPRESENTED CONFIDENTIALANDMANAGEMENT

EMPLOYEES

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Packet Pg. 146 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
2 TABLE OF CONTENTS
ARTICLE 1: NO CONTRACT...........................................................................................................3 ARTICLE 2: SAVINGS CLAUSE......................................................................................................3 ARTICLE 3: APPLICABILITY.........................................................................................................3 ARTICLE 4: COMPENSATION........................................................................................................4 ARTICLE 5: INSURANCES ..............................................................................................................9 ARTICLE 6: RETIREMENT........................................................................................................1211 ARTICLE 7: HOLIDAY PAY..........................................................................................................13 ARTICLE 8: ADMINISTRATIVE LEAVE .....................................................................................14 ARTICLE 9: VEHICLES..................................................................................................................14 ARTICLE 10: PAID LEAVE...........................................................................................................15 ARTICLE 11: REQUIRED CERTIFICATIONS ..............................................................................18 ARTICLE 12: TERM........................................................................................................................18

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Packet Pg. 147 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
3 ARTICLE 1: NO CONTRACT
This Compensation Plan does not create any contractual right, any express or implied contract of employment, or any vested right. The City of Cotati (“City”) retainsthe full discretion to modify this Compensation Plan at any time in accordance with law.

ARTICLE 2: SAVINGS CLAUSE
If any section, subsection, subdivision, sentence, clause or phrase of this Compensation Plan is, for any reason, held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this document. This Compensation Plan shall not be interpreted in such a way that would deny employee legally-protected rights.

ARTICLE 3: APPLICABILITY
This Compensation Plan applies to probationary and regular full-time employees in the following, non-represented classifications, as well as new job classifications created by the City which do not have a community of interest, as determined by Human Resources, with an existing employee organization and which are designated by Human Resources to be included in the non-represented group of employees:

Department Heads
Director of Administrative Services
Director of Community Development
Director of Public Works/City Engineer
Police Chief
First Tier Managers
Building Official
Police Lieutenant
Public Works Superintendent
Recreation Manager
Confidential Employees
Deputy City Clerk
City Clerk
Management Analyst (Confidential)
Senior Management Analyst (Confidential)
Other Non-Represented Employees
Police Services Aide (Permanent, Part-Time)
Part-time employees who are scheduled to work three quarters’ time (thirty (30) or more hours per workweek) or more in the classifications listed above are eligible for benefits and City benefit contributions provided in this compensation plan on a prorated basis, as further described in Section

5.04 of this Compensation Plan. Part-time employees who are scheduled to work less than thirty (30) hours per workweek are not eligible for City benefit contributions listed herein, unless such benefit contributions are otherwise required by law.

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Packet Pg. 148 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
4 ARTICLE 4: COMPENSATION
Section 4.01. Wages
A. Equity Adjustments:

Effective on dates listed belowthe pay period including August 9, 2022, the following equity adjustmentsshall be applied to the following classifications, not including any applicable cost of living adjustments during this period of time. The amounts below reflect adjustments to the top step of the applicable salary schedules (“Step E”). At the time of each adjustment, lower salary steps shall also be adjusted to reflect a five (5) step salary schedule with a difference of approximately five percent (5%) between each salary step.

Position Title Hourly Wage Step E,
Effective the pay period
including August 9,
2022
Deputy City Clerk $43.52
City Clerk $62.90
Management Analyst (Confidential) $45.03
Senior Management Analyst (Confidential) $49.64
Building Official $68.36
Recreation Manager $52.77
Public Works Superintendent $61.12
Police Services Aide $31.42
Police Lieutenant $64.41
Director of Administrative Services $89.62
Director of Community Development $89.62
Director of Public Works $89.62
Chief of Police $89.62
Effective January 1, 2017, the Police Chief shall be subject to Article 6, Section 6.01 of this Compensation Plan.

Effective January 1, 2017, the Police Chief shall no longer be eligible for POST educational incentives.

Effective January 1, 2017, the Police Chief shall no longer be eligible for the City’s deferred compensation contribution.

B. Cost of Living Adjustment (COLA) and One-Time Payments:

Effective the pay period including August 9, 2022, salary schedules for all job classes covered by this compensation plan will be increased by a cost of living adjustment of three and onehalf percent (3.5%) after equity adjustments.

Effective the first full pay period in July 2023, salary schedules for all job classes covered by this compensation plan will be increased by a cost of living adjustment of two and one-half Formatted Table
Formatted: Centered
Formatted: Underline
Formatted: Normal, Indent: Left: 0.1"
Formatted Table

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Packet Pg. 149 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
5 percent (2.5%).

Effective the first full pay period in July 2024, salary schedules for all job classes covered by this compensation plan will be increased by a cost of living adjustment of two and one-half percent (2.5%).

Effective the first full pay period in July 2025, salary schedules for all job classes covered by this compensation plan will be increased by a cost of living adjustment of two and one-half percent (2.5%).

Effective the first full pay period in July 2026, salary schedules for all job classes covered by this compensation plan will be increased by a cost of living adjustment of two and one-half percent (2.5%).

All job classes will receive a COLA of 2.5% annually for five (5) fiscal years, beginning on the first full pay period following July 1, 2017, and thereafter on the first full pay period in July through the first full pay period following July 1, 2021.

Section 4.02. Salary
A. Salary Advancement
Assigned salary ranges normally contain five (5) steps. Employees move through these steps on the basis of performance. Employees shall be eligible for salary advancement consideration, as follows:

1. To the "B" step of the salary schedule after successful completion of twelve (12) months (2080 hours) in paid status at the "A" step. The date of this increase shall become the employee's pay review date for purposes of eligibility for future meritstep increases.

2. To the “C” step after successful completion of twelve (12) months (2080 hours) in paid status at the “B” step.

3. To the “D” step after successful completion of twelve (12) months (2080 hours) in paid status at the “C” step.

4. To the “E” step after successful completion of twelve (12) months (2080 hours) in paid status at the “D” step.

When an employee is hired or internally promoted at a step other than Step “A” of the salary range assigned to the position, the employee shall be eligible for a step increase twelve (12) months (2080 hours) in paid status from the date of employment or promotion, and this date shall become the employee’s pay review date for purposes of eligibility for future merit increases. Thereafter, the above merit pay procedure shall be followed.

Salary advancements are granted for continued meritorious and efficient service, and after continued improvement in assigned tasks, in conjunction with performance appraisal procedures. Recommendations are initiated by immediate supervisors and are then forwarded

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Packet Pg. 150 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
6 to the concerned department head, as applicable, for approval. These, in turn, shall be transmitted to the City Manager.

Salary step advancements are not guaranteed. When an employee is denied a merit increase, the employee shall be informed of such and the reasons therefore in writing. The employee shall be reconsidered for advancement within three (3) months and, if still denied, may be reconsidered for advancement at any subsequent time recommended by management of the concerned department.

B. Longevity Pay

1. Effective the pay period including August 9, 2022, For Department Heads listed in Article 3, an employee shall be eligible for longevity pay, based on the following schedule:
a. Three percent (3%) base salary after six (6) consecutive years of full-time service (12,480 hours) in paid status with the City.
b. Effective the pay period including August 9, 2022, Department Heads will receive aAn additional three percent (3%) base salary, for a total of six percent (6%) base salary, after eight (8) consecutive years of full-time service (16,640 hours) in paid status with the City.
c. Effective the pay period including August 9, 2022, Department Heads will receive aAn additional three percent (3%) base salary, for a total of nine percent (9%) base salary, after ten (10) consecutive years of full-time service (20,800 hours) in paid status with the City.

2. For all other non-represented employees not classified as Department Heads, longevity pay will be paid as follows:
a. Effective the pay period including August 9, 2022, employees hired before August INSERTAugust 9, 2022 shall be eligible for salary advancement (longevity pay) based on the following schedule:
i. Three percent (3%) base salary after eight and one-halfsix (8 ½6) consecutive years of full-time service (17,68012,480 hours) in paid status with the City.
ii. An additional two percent (2%) (for a total of 5%) after ten (10) consecutive years of full-time service (20,800 hours) in paid status with the City.
iii. An additional one percent (1%) (for a total of 6%) after thirteen and onehalf (13 ½) consecutive years of full-time service (28,080 hours) in paid status with the City.
iv. An additional three percent (3%) (for a total of 9%) after eighteen and onehalf (18 ½) consecutive years of full-time service (38,480 hours) in paid status with the City.
b. Effective the pay period including August 9, 2022, employees hired on or after August INSERTAugust 9, 2022 shall be eligible for salary advancement (longevity pay) based on the following schedule:

Formatted: Indent: Left: 0.5", Numbered + Level: 2 +
Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.83" + Indent at: 1.33"
Formatted: Indent: Left: 1", Numbered + Level: 3 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.83" + Indent at: 1.33"
Formatted: Not Expanded by / Condensed by
Formatted: Indent: Left: 1", Space Before: 0 pt,
Numbered + Level: 3 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.83" + Indent at:

Formatted: Not Expanded by / Condensed by
Formatted: Indent: Left: 0.5", Numbered + Level: 2 +
Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.83" + Indent at: 1.33"
Formatted: Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Right + Aligned at: 1.5" + Indent at: 1.75"

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Packet Pg. 151 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
7 i. Three percent (3%) base salary after eight and one-half (8 ½) consecutive years of full-time service (17,680 hours) in paid status with the City. ii. An additional three percent (3%) (for a total of 6%) after thirteen and onehalf (13 ½) consecutive years of full-time service (28,080 hours) in paid status with the City.
iii. An additional three percent (3%) (for a total of 9%) after eighteen and onehalf (18 ½) consecutive years of full-time service (38,480 hours) in paid status with the City.

An employee shall be eligible for longevity pay, based on the following schedule:

1. Three percent (3%) base salary after six (6) consecutive years of full-time service (12,480 hours) in paid status with the City.

2. An additional two percent (2%) base salary, for a total of five percent (5%) base salary, after ten (10) consecutive years of full-time service (20,800 hours) in paid status with the City.

C. Professional and Education Incentives
Subject to the criteria specified below, the City will pay a monthly incentive to the Police Lieutenant who are is employed full-time on a permanent or probationary basisfor job related Police Officer Standards and Training (P.O.S.T) certificates which exceed the normal established job requirements. Eligible employeesThe Police Lieutenant will be compensated as follows:

P.O.S.T. Intermediate Certificate 2 percenttwo percent (2%) of base salary, and P.O.S.T. Advanced Management Certificate 3 percentthree percent (3%) of base salary, and P.O.S.T. Management Certificate Effective the pay period including August 9, 2022, three percent (3%) of base salary
An employeeEffective the pay period including August 9, 2022, a Police Lieutenant with both the P.O.S.T. Intermediate, and Advanced and Management certificates therefore receives and incentive equal to eight percent (58%) of base salary.

Section 4.03. Uniform Program
The purpose of this uniform program is twofold: (1) to identify City employees who have direct contact with the public on a regular basis, and to enhance the image of City operations generally performed by City personnel in public view; and (2) to provide uniforms to those personnel who are required to perform duties that result in their clothing becoming excessively dirty or in duties that require identifying uniforms. Any identifying patches, badges, etc., purchased by the City for an employee, must be returned to the City when an employee terminates City employment.

A. Sworn Public Safety Personnel
Effective the pay period including August 9, 2022, Ssworn police staffshall receive a uniform allowance of one thousand dollars ($1,000.00800.00) per year, payable in twenty-four (24) equal installments in the employee’s paychecks.

New employeesshall receive their initial uniform allowance upon appointment in employee’s Formatted: Indent: Left: 1", No bullets or numbering

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Packet Pg. 152 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
8 first full paycheck. Beginning with the subsequent fiscal year, the employee shall receive uniform allowance payments in equal installments in each paycheck.

B. Public Works Superintendent, Building Official
The Public Works Superintendent and Building Official, and other classifications as determined by the City Manager, are required under this program to wear uniforms appropriate to performing the necessary tasks of their positionsin a manner that issafe for the employee, and enables them to be readily identified by the public as authorized City employees. Uniforms shall be furnished as-needed by the City; the design, manufacturer and supplier of which shall be determined by the Department Head or designee. The Public Works Superintendent and Building Official shall abide by the following rules unless, for safety or other reasons, in particular situations, prudent judgment dictates to the contrary.

1. Uniform Requirements: The Building Official will receive three (3) polo shirts with the City logo and/or other identifying information. The Building Official shall be issued one (1) protective suit and respirator which meets state and federal standard requirements for the job hazards. The Public Works Superintendent will receive a supply of seven (7) shirts and seven (7) pants, one (1) safety jacket, and two (2) coveralls. The City issued uniform, or any part of it, shall be worn only during working hours, in traveling to and from work, or while serving in a standby capacity.

2. Safety Jacket: City issued safety jackets, shall be worn only during working hours, in traveling to and from work.

3. Safety Clothing: Personnel who work with hazardous machinery, equipment, or environments that requires safety clothing shall wear such gear to prevent bodily injury.

4. Headwear: Employee shall be issued one (1) hard hat at the initiation of employment.

5. Footwear: Uniformed personnel shall wear safety shoes which shall be worn only during working hours, in traveling to and from work, or while serving in a standby capacity. The policy on the purchase of shoes shall be as follows:
a. Effective the pay period including August 9, 2022, Eeach employee will be entitled, during each fiscal yearto be reimbursed up to an amount not to exceed two hundred and fiftythree hundred dollars ($300.00250.00) for purchase of needed safety shoes and belt at a store of employee’s option. a.
b. Safety shoes must meet OSHA guidelines.

6. Damage: Uniforms and/or safety equipment damaged through employee misuse or negligence shall be replaced at the employee’s expense.

7. Uniform and Safety Jacket Cleaning and Replacement Policy: Uniforms will be the sole responsibility of the employee to launder. Employees will return worn uniforms to City on an as needed basis for replacement subject to the approval of the Department Head.

8. Rain Gear: City issued rain gear will be provided to each employee and replaced on Formatted: Indent: Left: 1.5", No bullets or numbering

11.d
Packet Pg. 153 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
9 an as needed basis subject to the approval of the Department Head.

Section 4.04. Deferred Compensation Plan
All employees can make contributions, through payroll deductions, into one or more savings vehicles through payroll deduction, up to the legal maximum as defined by the law governing deferred compensation accounts.

Full time employees in the Tier 2 or Tier 3 (“PEPRA”) pension benefits are eligible to participate in a City-matching deferred compensation plan. Provided the total City contribution to Tier 2 or Tier 3 pension benefits remains under twenty percent (20%) of the employee’s base salary, the City will contribute up to three percent (3%) in matching funds to the City’s deferred compensation plan. This provision does not apply to the Police Chief.

Section 4.05. Direct Deposit
The City will offer employeesthe option of direct deposit for their payment of payroll. The employee will be given the option to select a banking institution to have their payroll directly deposited. The City cannot guarantee direct deposits, and employees will be responsible for follow-up with their banking institution when problems arise that are directly related to errors and/or omissions on the part of such banking institution.

ARTICLE 5:INSURANCES
The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits, subject to the provisions of Section 5.01. Benefits available through the Cafeteria Plan include, but are not limited to, medical insurance, flexible spending accounts for out-of-pocket medical expenses and dependent care, vision insurance, dental insurance, disability, and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City-sponsored health benefits. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee. The City does not make available any life insurance policy to employee’s eligible dependents under this plan.

Section 5.01. Section 125 Plan Benefits: Medical, Dental, and Vision Insurance A. Medical Insurance: The City offers medical insurance through REMIF. The policies shall be determined by the City, and shall be available for permanent or probationary full time employees and their eligible dependents.

The City shall pay only the percentage of the City contribution commensurate with the percentage of hours worked. Employees will contribute the remainder of the premium cost not paid by the City through payroll deduction. The employee has three health care options:

1. EPO/PPO/HMO Health Plans. The employee may enroll in an EPO/PPO or HMO offered by the City. The City will pay ninety percent (90%) of the cost of group medical insurance premiums for full-time regular employees and their eligible dependents. Employees will pay the remaining ten percent (10%) cost of the medical insurance premiums.
a. The City will pay one hundred percent (100%) of the cost of group medical

11.d
Packet Pg. 154 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
10 insurance premiums for the Police Chief.

2. HDHP/HSA Health Plan. The employee may enroll in a High Deductible Health Plan (HDHP) offered by the City. The City will pay ninety percent (90%) of the cost of high deductible group medical insurance premiums for full-time regular employees and their eligible dependents. Employees will pay the remaining ten percent (10%) cost of the medical insurance premiums. In addition, for employees enrolled in an HDHP, the City will make an annual contribution to a City-established employee Health Savings Account of up to $1,300 (EE only) or $2,600 (EE+1 or Family), not to exceed the total corresponding EPO/PPO/HMO contribution made by the City.

3. Opt-Out. An employee may opt to waive enrollment in City-provided medical insurance coverage, and may elect to receive one hundred and fifty dollars ($150) per month in taxable cash-in-lieu of enrolling in the City’s offered health insurance coverage. In order to receive the cash-in- lieu amount, the employee will be required to provide proof and attestation that the employee and all individuals in the employee’s tax family have alternative minimum essential group health insurance coverage. Employees who have alternate coverage in the individual market or individual coverage through Covered California are not eligible for opt- out cash-inlieu.

If, at any time during the plan year, the City knows or has reason to know that the employee or individual in the employee’s tax family does not have alternative coverage, the City shall not pay cash in lieu.

If theCity is determined to be an “Applicable Large Employer,” and ifthe City’s cashin-lieu benefit results in the City’s coverage not meeting affordability thresholds under the Affordable Care Act (“ACA”), the City reservesthe right to reduce or retract this benefit as necessary to meet ACA affordability thresholds.

B. Dental Insurance: The City offers dental insurance. The policy shall be determined by the City and shall be available for permanent or probationary full-time employees and their eligible dependents. The City will pay one hundred percent (100%) of the premium for fulltime regular employees and eligible dependents. The City shall pay only the percentage of the premium commensurate with the percentage of hours worked.

C. Vision Insurance: The City offers vision insurance. The policy shall be determined by the City and shall be available for permanent or probationary full-time employees and their eligible dependents. The City will pay one hundred percent (100%) of the premium for fulltime regular employees and eligible dependents. The City shall pay only the percentage of the premium commensurate with the percentage of hours worked.

Section 5.02. Other Insurance.

A. Life Insurance: Effective the first full pay period including August 9in ,September 2022Effective the pay period including August 9, 2022, Tthe City shall provide life insurance coverage in the amount of one-hundred fifty thousand dollars ($150,000) $100,000 for each employee, policy to be determined by the City. The City shall pay only the percentage of the premium commensurate with the percentage of hours worked.

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Packet Pg. 155 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
11 B. Flexible Spending Account: The City offers an IRS 125 plan Flexible Spending Account (FSA). The plan allows employeesto pay medical and childcare expenses with pre-tax dollars in accordance with IRS regulations. Any pre-tax dollars withheld, but not spent, during the plan’s fiscal year will be forfeited to the City except as precluded by federal law.

C. AFLAC: The City makes available to all permanent and probationary employees a group of supplemental insurance policies offered by AFLAC. The policy premiums are paid by the employee through payroll deduction.

D. Employee Assistance Program: The City provides an Employee Assistance Program for all employees. The City shall pay only the percentage of the premium commensurate with the percentage of regularly scheduled hours worked.

E. Long Term Disability: The City offers a Long Term Disability Insurance (LTD) for all full time permanent and probationary employees. The extent of benefits will be dependent on provider; however, minimum benefits are to be:

1. Coverage beginning on the sixty first (61st) day of disability

2. Disability benefit received will be sixty percent (60%) of employee base salary with a cap of five thousand dollars ($5,000) per month; and

3. Benefits will be available for the length of disability until retirement age.

The City shall pay only the percentage of the premium commensurate with the percentage of regularly scheduled hours worked.

F. Short Term Disability: This plan shall consist of City-paid coverage by which an employee utilizes all accrued time off, such as leave bank, vacation, sick leave, compensatory time, and personal holidays. When such time off has been exhausted by the employee, the City will continue to compensate the employee at fifty percent (50%) of his/her current base salary through the sixtieth (60th) consecutive day of disability.

Section 5.03. Retiree Medical Benefits
Retired full-time permanent employees with fifteen (15) years or more of full-time permanent service and their spouses may participate, at their option, in a City-provided medical, dental and vision plan afterthe official date of retirement until the participant becomes eligible for Social Security Insurance (SSI) or Medicare, whichever is sooner. The retiree is required to pay one hundred percent (100%) of the applicable premium for the retiree and dependent(s).

Eligibility will be determined in accordance with REMIF rules and regulations. Starting the 2010- 11 fiscal year, this includes a requirement that employees be enrolled in a REMIF member entity’s health program at retirement, and maintain enrollment in a REMIF member entity’s health plan for a period of at least five (5) consecutive years immediately prior to retirement.

Section 5.04 Part-Time Employees
Part-time employees must work at least three quarters’ time (thirty (30) hours per week) to be eligible for any benefits, except as required by law. Part-time employees that are eligible for benefits will have the benefits pro-rated, determined by the regularly scheduled hours that the part-time employee works, in accordance with applicable plan rules and requirements. For example, based on three11.d Packet Pg. 156 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
12 quarters’ time employment in the case of vision, life, medical and dental premiums, the City will contribute seventy-five percent (75%) of the normal City contribution to premiums for full-time employees. However, due to policy limitations the City is not able to provide long term disability for part-time employees.

ARTICLE 6: RETIREMENT
Section 6.01. Public Employees’ Retirement System (PERS) The City of Cotati is a member of the Public Employees’ Retirement System (CalPERS). All permanent or probationary, full-time employees are required to become members of the system.

Permanent part-time employees are required to become members if they work more than one thousand (1,000) hours in any fiscal year. The following benefits apply based on employee’s sworn or non-sworn status, and date of hire and membership status under the Public Employee Pension Reform Act (PEPRA), and in accordance with CalPERS regulations:

A. Sworn Employees:

1. Sworn Classic Members – Tier 1: Qualifying employees hired on or before April 27, 2011, which is the date of adoption of the amended City contract with CalPERS are covered under the “3% at 50” benefit formula, calculated in accordance with the City’s plan with CalPERS.
a. Tier One sworn employees will pay three percent (3%) of the member contribution to CalPERS for pension. The City will pay the remaining six percent (6%) of the member contribution to CalPERS for pension.

2. Sworn Classic Members – Tier 2: Qualifying employees hired after April 27, 2011 and considered classic members as defined by PEPRA and CalPERS, are covered under the “2% at 50” benefit formula, calculated in accordance with the City’s plan with CalPERS.
a. Tier Two sworn employees will pay the full member contribution to CalPERS for pension.

3. Sworn PEPRA Members – Tier 3: Qualifying employees hired on or after January 1, 2013 and considered new members as defined by PEPRA and CalPERS, will receive a 2% at age 50 (increasing to 2.7% at age 57) retirement formula forsworn employees, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.

4. Survivor Benefits for Tier 1, 2, and 3 Sworn Employees:

Sworn safety employees shall receive the CalPERS Second Level of 1959 Survivor Benefits. The City shall pay the employer premiums and the employee shall pay the employee premiums. The City will deduct the employee contribution by payroll deduction each bi-weekly pay period.

B. Non-Sworn Employees

1. Non-sworn Classic Members – Tier 1: Qualifying employees hired on or before April

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Packet Pg. 157 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
13 27, 2011 are covered under the “2.7% at 55”, calculated in accordance with the City’s plan with CalPERS. Employees may retire at age 55, with 5 or more years of PERScredited service. a. Employees covered by the 2.7% at 55 formula shall contribute the normal PERS employee share of 8.0% plus 2.371% of the City share (10.371% total). b. Future increases in the employer contribution may result in a change to the employees’ contribution rate to facilitate sharing of costs and continued employee payment for the agreed-upon enhancements. Once per year, the City may adjust the cost sharing of any increase to the employer contribution due to the enhanced benefit.

2. Non-sworn Classic Members – Tier 2: Qualifying employees hired after April 27, 2011, the date of adoption of the amended City contract with CalPERS, and considered classic members as defined by PEPRA and CalPERS, are covered under the 2% at 60 formula, calculated in accordance with the City’s plan with CalPERS. a. Tier Two non-sworn employees will pay the full member contribution to CalPERS for pension.

3. Non-sworn PEPRA Members – Tier 3: Qualifying employees hired on or after January 1, 2013 and considered new members as defined by PEPRA and CalPERS, will receive a 2% at age 62 retirement formula for non-sworn employees, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.

4. Survivor Benefits for Tier 1, 2, and 3 Non-sworn Employees: Non-sworn employees receive the PERS Section 21574 Fourth Level of 1959 Survivor Benefits. The City shall pay the employer premiums and the employee shall pay the employee premiums.

The City will deduct the employee contribution by payroll deduction each bi-weekly pay period.

Section 6.02. Impact of Government Regulations on Employee Benefits The value or availability of the benefits provided in the Compensation Plan as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public EmployeesRetirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City’s obligations under this Compensation Plan are limited to the direct cost of providing the salary and benefits as described in the Compensation Plan. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee.

ARTICLE 7: HOLIDAY PAY
Section 7.01. Police Lieutenant
Full time qualifying permanent and probationary Lieutenants shall be paid holiday in lieu pay for twelve and one half (12.5) ten (10) hour holidays per year, in recognition of the requirement that this job class may regularly be required to work on an approved City holiday because they work in positions that require staffing without regard to holidays.

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Packet Pg. 158 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
14 Holiday in lieu pay shall be payable in semi-annual installments based on the rate of pay at the time of payment. The first installment shall be paid on the first pay period in December and represents six and one-half holidays (65 hours). The second payment shall be paid on the first pay period in June and represents six holidays (60 hours).

Qualifying part-time permanent and probationary Lieutenants will receive a pro-rata portion of holiday in lieu pay based on holidays working during that period.

Section 7.02. Other Employees
Other Ppermanent and probationary employees covered by this Compensation Plan shall receive twelve and one half (12 ½) days of paid holiday leave for each year. , subject to the City’s Personnel Rules.

Full-time and part-time employees working an alternative work schedule shall be allowed to bank holiday hours at straight time for each holiday hour falling on a scheduled off-day, up to the scheduled hours typically worked on the day that the holiday falls. Holiday time accrued must be used prior to the end of the fiscal year in which it is earned. Unused, banked holiday hours as of June 30th of each year, and at separation from City employment, will be forfeited. It is the express intent of the parties that holiday bank hours will not be treated as vested vacation in accordance with Labor Code section 227.3.

ARTICLE 8: ADMINISTRATIVE LEAVE
The following job classifications shall receive eighty (80) hours of Administrative Leave at the start of each fiscal year:

A. Police Chief
B. Administrative Services Director
C. Community Development Director
D. Public Works Director/City Engineer
The following job classifications shall receive forty (40) hours of Administrative Leave at the start of each fiscal year:

A. Police Lieutenant
B. Building Official
C. City Clerk
D. Public Works Superintendent
E. Recreation Manager (Effective the pay period including August 9, 2022) Administrative Leave time does not accrue, and may not be converted to service time, banked or cashed out. Administrative leave must be used during the fiscal year in which it is received, or it will be lost. The City’s intent is that Administrative Leave not be subject to the provisions of California Labor Code §227.3. Employees hired or promoted into a non-represented position after the start of the fiscal year (July 1), shall receive a pro-rata proportion of Administrative Leave for that fiscal year.

ARTICLE 9: VEHICLES

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Packet Pg. 159 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
15 Section 9.01. City Take-Home Vehicles
At the discretion of the City Manager, an employee may be assigned a take-home vehicle to enable the employee to respond to urgent business needs after hours, or for other business and operations reasons.

Employees are to use City vehiclesfor City work. City liability insurance coverage extendsto include use of all City-owned vehicles when the employee is driving the vehicle on City business. Employees shall not use City vehicles for unauthorized purposes.

Take home vehicle assignments can be removed at any time at the discretion of the City Manager.

Employees assigned a take-home vehicle shall comply with the City’s personnel rules regarding use of City vehicles.

Section 9.02. Auto Allowance
Department Heads who are not assigned a take-home City vehicle shall receive two hundred dollars ($200) per month in auto allowance.

ARTICLE 10: PAID LEAVE
Section 10.01. Leave Bank.

A. No later than August 1, 2017, employees shall come to agreement with the City on cash out of leave bank and/or conversion of the hours to vacation time, except as noted in this plan.

Cash out or conversion shall be performed under separate agreement with the City.

Section 10.012. Sick Leave
A. Sick Leave Accrual
Effective the first pay period following ratification and adoption of this Compensation Plan, each full-time permanent and probationary employee shall accrue and accumulate sick leave at the rate of eight (8) hours of accrued sick leave for every month of service, for a total of ninety-six (96) hours per year.

Eligible part-time employees, as defined in Section 5.04 of this Compensation Plan, shall be eligible to receive sick leave on a pro-rata basis. Usage and accrual of sick leave benefits shall be governed by the same rules and regulations applicable to full-time employees.

Sick leave accrual and usage shall be subject to the City’s Personnel Rules. Sick leave may not be cashed out during employment or upon separation.

Section 10.023. Vacation Leave
A. Vacation Leave Accrual
Effective the first pay period following adoption of this Compensation Plan the City will provide vacation leave as follows:

Formatted: Underline

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Packet Pg. 160 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
16 1. For employees hired before January 16, 2011:

Years of Consecutive Service with
City of Cotati
Vacation
Accrual Per
Year
Vacation
Accrual Per
Month
Vacation
Accrual Cap
One to Three Years (Start date – 1,095
Days)
84 7 432
Four to Five Years (1,096 – 1,825 Days) 132 11 432
Six to Ten Years (1,826 – 3,650 Days) 156 13 432
More than 10 Years (3,651 + Days) 216 18 432

2. For employees hired on or after January 16, 2011:

Years of Consecutive Service with
City of Cotati
Vacation
Accrual Per
Year
Vacation
Accrual Per
Month
Vacation
Accrual Cap
One to Five Years (Start date – 1,825
Days)
120 10 240
Six to Ten Years (1,826 – 3,650 Days) 160 13.33 320
More than 10 Years (3,651 Days +) 200 16.67 320
Each employee shall accrue and may use vacation leave with full pay providing that accrual may not exceed the maximum accumulation indicated above. Upon reaching the applicable Leave accrual cap, employees will cease to accrue Leave until such time that they reduce accrued Leave hours below the cap.

The Police Chief as ofJanuary 1, 2017 shall maintain his current leave bank accrualschedule, but shall have an accrual cap of four hundred thirty-two (432) hours. Future employees hired into the position of Police Chief shall be subject to the applicable accrual schedule listed above, as amended by City Council.

C. Vacation or Leave Bank Cash Out (collectively “Leave”) Except as allowed under Section 11.01 of this Compensation Plan, u

1. Up to As applicable to that employee at the time of cash out, up to a maximum number of hours annually accrued, as indicated in Vacation Accrual Per Year (Section 10.03.A), one-hundred (100) hours of Leave may be cashed out per calendar year, as long as the employee maintains at least an eighty (80) hour balance after the cash out.

Employees may elect to receive up to a maximum of the above-listed hours of pay in lieu of time off for vacation. Such election shall be irrevocable, and made in the calendar year prior to the cash-out. Employees may only elect pay in lieu for vacation time to be accrued in the following calendar year.

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Packet Pg. 161 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
17 Employees must choose by the last business day of each year to elect or opt out of pay in lieu of vacation time off for the following year by using the Request for Pay in Lieu of Vacation Leave form. The hours indicated in the irrevocable election will be automatically paid to the employee in the last paycheck of November.

Employees who did not elect pay in lieu of vacation time off by the last business day of the prior year will not be able to cash out any vacation in the following calendar year, except as provided below. All vacation cash outs will be taxed at the supplemental tax rate in accordance with IRS code. If insufficient vacation hours exist to meet the annual pay in lieu election, only the remaining available elected vacation hours will be paid out, not to exceed the above-listed amounts.

2. In the event an employee is faced with an “unforeseeable emergency” as described below, they may be eligible to receive a hardship cash-out of vacation leave, without electing the cash-out in the prior year as required above. In order to receive a hardship cash-out, the employee must establish and substantiate that he or she has suffered a severe financial hardship resulting from an illness or accident suffered by the employee or employee’s dependent, a loss of his or her property due to casualty or severe weather or other similar extraordinary and unforeseeable circumstance beyond the control of the employee. An “unforeseeable emergency” does not include situations such as the need to send a child to college, to purchase a home, funeral expenses for a non-dependent adult child, debt not incurred due to any extraordinary or unforeseeable circumstances beyond the employee’s control.

An employee may only be eligible to receive a financial hardship cash-out of vacation leave to the extent the unforeseeable emergency is not or may not be relieved through insurance reimbursement or assets available to the employee that would not cause a severe financial hardship.

The amount of any financial hardship vacation cash-out due to unforeseeable emergencies shall not exceed one hundred (100) the annual Vacation hours accrued applicable to that employee at time of cash out, in accordance with Section

10.03.Ahours.

The Administrative Services Director shall provide recommendations to the City Manager regarding eligibility for and distribution of leave hours from an employee’s available vacation leave balance based on this policy. The City Manager shall make the final determination on all matters related to the City’s vacation cash-out for financial hardships.

To apply for a hardship cash-out of vacation leave, employees shall complete the Vacation Cash-out Due to an Unforeseeable Emergency Application available from the Human Resources Department.

3. If an employee is eligible for longevity pay under Section 4.02, subsection B of this Compensation Plan, leave cash out shall include the value of applicable longevity pay.

1.4. An employee must be in pay status or on an approved leave to exercise this option.

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Packet Pg. 162 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

CITY OF COTATI COMPENSATIONPLAN

FOR NON-REPRESENTED EMPLOYEES
18 5. Sick leave may not be cashed out during employment or upon separation.

6. Upon revision of the Personnel Rules to address cashable leaves, any conflicting language in this Section 11.03.C shall be superseded by the cashable leave provisions in the Personnel Rules.

For all employees, regardless of date of hire:

1. Except as allowed under Section 11.01 of this Compensation Plan, up to one-hundred (100) hours of Leave may be cashed out per calendar year, as long as the employee maintains at least an eighty (80) hour balance after the cash out.

2. Leave cash outs can be done a maximum of two times per employee per calendar year.

3.1. If an employee is eligible for longevity pay under Section 4.02, subsection B of this Compensation Plan, leave cash out shall include the value of applicable longevity pay.

4.1. An employee must be in pay status or on an approved leave to exercise this option.

5.1. Upon reaching the applicable Leave accrual cap, employees will cease to accrue Leave until such time that they reduce accrued Leave hours below the cap.

ARTICLE 11: REQUIRED CERTIFICATIONS
Subject to the pre-approval of the employee’s Department Head, the City will reimburse the employee’s direct cost after successful completion of a training course, materials and testing for any certification or renewal required in that employee’s position description. The reimbursement will only be made after the certificate has been obtained.

ARTICLE 12: TERM
This Compensation Plan shall be effective upon City Council adoption, retroactive to January 1, 2017effective the pay period including August 9, 2022 for full-time employees as of the date of City Council adoption, and will continue until amended or superseded by City Council action.

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Packet Pg. 163 Attachment: A-4 - Non-Represented Confidential and Management Employees Compensation Plan (Fiscal Year 2022-23 Salary Schedule Rev.

Salary Schedule 2022/23
Step Step Step Step Step
ABCDE
Accountant CEA 43.35 37.82 36.02 39.71 41.70 43.78
Account Clerk CEA 32.23 28.11 26.77 29.52 31.00 32.55
Accounting Technician CEA 37.45 32.67 31.11 34.30 36.02 37.82 Administrative Assistant CEA 36.94 32.23 30.70 33.84 35.53 37.31 Assistant Planner CEA 44.64 38.95 37.10 40.90 42.94 45.09 Associate Planner CEA 49.59 43.27 41.21 45.43 47.70 50.09 Building Official Non-Rep 68.36 61.11 58.20 64.17 67.38 70.75 Chief of Police Non-Rep 89.62 80.12 76.30 84.13 88.34 92.76 City Clerk Non-Rep 62.90 56.24 53.56 59.05 62.00 65.10
City Manager Contract - - - - - 96.46
Civil Engineer CEA 56.79 49.55 47.19 52.03 54.63 57.36
Community Services Officer CPOA 34.90 30.45 29.00 31.97 33.57 35.25 Deputy City Clerk Non-Rep 43.52 38.91 37.06 40.86 42.90 45.04 Director of Administrative Services Non-Rep 89.62 80.12 76.30 84.13 88.34 92.76 Director of Community Development Non-Rep 89.62 80.12 76.30 84.13 88.34 92.76 Director of Public Works/City Engineer Non-Rep 89.62 80.12 76.30 84.13 88.34 92.76 Engineering Technician CEA 39.38 34.36 32.72 36.08 37.88 39.77 Intern Part Time 16.00 - 17.00 - 18.00
Laborer CEA 25.83 22.54 21.47 23.67 24.85 26.09
Maintenance Worker I CEA 32.85 28.67 27.30 30.10 31.60 33.18 Maintenance Worker II CEA 37.56 32.77 31.21 34.41 36.13 37.94 Maintenance Worker III CEA 41.41 36.12 34.40 37.93 39.83 41.82 Management Analyst CEA 46.15 40.27 38.35 42.28 44.39 46.61 Management Analyst - Confidential Non-Rep 45.03 40.27 38.35 42.28 44.39 46.61 Office Assistant CEA 26.45 23.08 21.98 24.23 25.44 26.71 Permit Technician CEA 38.32 33.43 31.84 35.10 36.86 38.70 Planning Technician CEA 38.32 33.43 31.84 35.10 36.86 38.70 Police Corporal CPOA 47.11 41.10 39.14 43.15 45.31 47.58 Police Dispatcher/Clerk CPOA 35.62 31.09 29.61 32.64 34.27 35.98 Police Lieutenant Non-Rep 64.41 57.59 54.85 60.47 63.49 66.66 Police Officer CPOA 44.85 39.13 37.27 41.09 43.14 45.30 Police Sergeant CPMA 53.28 46.49 44.28 48.81 51.25 53.81 Police Service Aide Part Time/Non Rep 31.42 28.10 26.76 29.50 30.97 32.52 Public Works Superintendent Non-Rep 61.12 54.65 52.05 57.38 60.25 63.26 Recreation Coordinator CEA 32.23 28.11 26.77 29.52 31.00 32.55 Recreation Manager Non-Rep 52.77 47.18 44.93 49.54 52.02 54.62 Reserve Police Officer Part Time/CPOA 44.85 39.13 37.27 41.09 43.14 45.30 Senior Accountant CEA 47.50 41.45 39.48 43.52 45.70 47.98 Senior Management Analyst CEA 50.87 44.38 42.27 46.60 48.93 51.38 Senior Management Analyst - Confidential Non-Rep 49.64 44.38 42.27 46.60 48.93 51.38 Senior Planner CEA 56.79 49.55 47.19 52.03 54.63 57.36
Recreation Seasonal Staff Part Time Step A Step B Step C Camp Director Part Time 18.00 19.00 20.00
Assistant Camp Director Part TIme 17.00 18.00 19.00
Recreation Leader Part Time 16.00 17.00 18.00
Effective 08/01/2022
Position Title Bargaining Unit
22-23
Step E
after
Equity
Hourly (2080/yr)

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Packet Pg. 164 Attachment: A-5 - SALARY SCHEDULE AUGUST 1, 2022 (Fiscal Year 2022-23 Salary Schedule Rev. 1) 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: August 09, 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].

15.A
Packet Pg. 165

Cotati City CouncilAugust 9, 2022

Cotati City Council
August 9, 2022