Agenda packet — Cotati City Council, August 23, 2022

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday August 23, 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: 851 5549 0335
Passcode: 851998
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 23, 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 - AUG 9, 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.

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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. APPROVAL OF FINAL AGENDA (ACTION)

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

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

8. CONSENT CALENDAR (ACTION)
A. CITY MANAGER AGREEMENT REVISION
It is recommended that the City Council adopt a resolution approving the second amended and restated agreement for the City Manager and adopt a resolution approving the corresponding updated salary schedule.

B. FISCAL YEAR 22-23 CITY VEHICLE REPLACEMENT
It is recommended that the City Council adopt a motion authorizing the City Manager to approve the purchase of budgeted vehicles and authorize the City Manager to execute any necessary agreements to carry out the approved purchases, including upfitting and electric vehicle infrastructure, not to exceed the authorized budget amount by fund.

C. RESOLUTION GRANTING THE CITY MANAGER AUTHORITY TO

EXTEND OF THE PREVIOUSLY APPROVED COMMERCIAL CANNABIS

RETAIL AND DISTRIBUTION PERMIT FOR STEVE MONAHAN, (DBA
INDYTHREE) AT 8145 GRAVENSTEIN HIGHWAY IN THE

COMMERCIAL GRAVENSTEIN HIGHWAY (CG) ZONING DISTRICT,
PA21/22
It is recommended that the City Council adopt a resolution granting the City Manager Cotati City Council Agenda August 23, 2022

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the authority to extend the previously approved Commercial Cannabis Retail and Distribution Permit, allowing Steve Monahan (DBA Indythree) to operate a retail cannabis sales facility at 8145 Gravenstein Highway in the Commercial, Gravenstein Highway (CG) Zoning District.

D. APPROVAL OF AMENDMENTS TO PROFESSIONAL SERVICES

AGREEMENTS WITH INTERACTIVE RESOURCES, INC AND MOE

ENGINEERING FOR THE CIVIC CENTER WINDOW REPLACEMENT

AND EXTERIOR REPAIRS PROJECT
It is recommended the City of Cotati City Council adopt a resolution approving amendments to the professional services agreements with Interactive Resources and Moe Engineering for the Civic Center Window and Exterior Repairs Project E. ADOPTION OF A RESOLUTION TO CONTINUE CONDUCTING

COUNCIL, COMMISSION, AND COMMITTEE MEETINGS REMOTELY

DUE TO HEALTH AND SAFETY CONCERNS FOR THE PUBLIC
It is recommended that the City Council of the City of Cotati adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361)

9. DIRECTION ON FUTURE AGENDA ITEMS

10. PUBLIC HEARINGS (ACTION)
A. ADOPT A RESOLUTION OF INTENTION AND HOLD THE FIRST

READING OF AN ORDINANCE TO AMEND THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM CONTRACT WITH THE CITY OF
COTATI
It is recommended that the City Council (1) Adopt a Resolution of Intention approving an amendment to the contract with the California Public Employees’ Retirement System (CalPERS) (2) Approve the Certification of Compliance with Government Code Section 7507, and (3) Hold the first reading of an ordinance amending the CalPERS contract with the City of Cotati to remove the exclusion language for persons compensated on an hourly basis.

B. PUBLIC HEARING REGARDING AN ORDINANCE TO APPROVE A

MILITARY EQUIPMENT USE POLICY
It is recommended that the City Council continue the public hearing and introduce an Ordinance Adopting a Military Equipment Use Policy in accordance with AB 481.

11. REGULAR AGENDA (ACTION)
A. RESOLUTION CANCELLING THE NOVEMBER 8, 2022, GENERAL

MUNICIPAL ELECTION AND APPOINTING THE NOMINATED

CANDIDATES TO THE CITY COUNCIL
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It is recommended that the City Council adopt a Resolution cancelling the November 8, 2022, General Municipal Election and appoint Kathleen Rivers and Sylvia Lemus to the City Council for full four-year terms.

B. COVID-19 TEMPORARY ECONOMIC DEVELOPMENT RESPONSE
PHASE 3
It is recommended that the Council of the City of Cotati rescind Resolution 2020-59 and adopt a resolution to transition City support of businesses.

C. APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE(S) TO THE 2022 LEAGUE OF CALIFORNIA CITIES (LOCC) ANNUAL CONFERENCE It is recommended that the City Council of the City of Cotati adopt a motion appointing a voting delegate and up to two alternates to the 2022 League of California Cities (LOCC) Annual Conference
D. DIRECTION TO THE VOTING DELEGATE FOR THE 2022 ANNUAL

LEAGUE OF CALIFORNIA CITIES VIRTUAL BUSINESS MEETING
It is recommended that the City Council discuss and provide direction to the voting delegate for the annual League of California Cities business meeting on Friday, September 9, 2022.

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 19, 2022.
/s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY Tuesday August 9, 2022
6:00 PM REGULAR MEETING

1. CALL TO ORDER

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

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 RESULT: ACCEPTED AS AMENDED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: John C. Moore, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore

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Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 9, 2022

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

TOURISM BUSINESS IMPROVEMENT ASSESSMENT
Presentation by Claudia Vecchio, Kelly Bass Seibel, and Keo Hornbostel of Sonoma County Tourism
Councilmembers comment
Public Comment:

Jenny Blaker of Cotati

7. APPROVAL OF FINAL AGENDA (ACTION)
Public Comment:

Jenny Blaker of Cotati

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

Neil Hancock of Cotati

9. CONSENT CALENDAR (ACTION)
Councilmember Sparks requested to pull item 9.C. for further discussion. Mayor Landman moved item to Regular calendar.

Councilmember Moore requested to pull item 9.A. for further discussion. Mayor Landman moved item to Regular calendar.

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Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 9, 2022

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Susan Harvey, Vice Mayor
SECONDER: John C. Moore, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
B. RELINQUISHMENT OF ST. JOSEPH WAY TO THE CITY OF COTATI D. APPROVAL OF ANNUAL STORM WATER SUPPORT SERVICES

AGREEMENT

10. DIRECTION ON FUTURE AGENDA ITEMS

11. REGULAR AGENDA (ACTION)

9.A. AWARD FOR INSTALLATION OF A NEW PUBILC RESTROOM AT

KOTATE PARK
RESULT: ADOPTED [4 TO 1]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Landman, Harvey, Sparks, Ford
NAYS: Moore
Presentation by City Manager Damien O'Bid
Councilmembers comment.

No public comment.

9.C. DATA WATCH SERVICE AGREEMENT WITH KLH CONSULTING,
INC
RESULT: ADOPTED [4 TO 1]
MOVER: Susan Harvey, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Landman, Harvey, Ford, Moore
NAYS: Sparks
Presentation by City Manager Damien O'Bid.

Councilmembers comment.

No public comment.

A. LETTER OF SUPPORT FOR CARE COURTS
Presentation by City Manager Damien O'Bid.

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Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 9, 2022

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Councilmembers comment.

No public comment.

Council authorized Mayor Landman to send a letter on behalf of the City supporting CARE Court legislation (SB 1338)
B. ADOPTION OF THE AMENDED CITY WIDE SALARY SCHEDULE FOR FISCAL YEAR 2022/23
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: John C. Moore, Councilmember
AYES: Landman, Harvey, Sparks, Ford, Moore
Presentation by City Manager Damien O'Bid
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 8:12pm.

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Minutes Acceptance: Minutes of Aug 9, 2022 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: City Manager Agreement Revision
Date: August 23, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution approving the second amended and restated agreement for the City Manager and adopt a resolution approving the corresponding updated salary schedule.

Background
The current City Manager, Damien O’Bid, became Acting City Manager on December 1, 2014, after which a full recruitment process commenced for a permanent City Manager. The current City Manager was ultimately selected and entered into a three-year employment agreement with the City, commencing on April 15, 2015. On April 10, 2018, the agreement was extended through July 9, 2018. On July 9, 2018, the agreement was again extended for 3 years through July 9, 2021. The agreement was extended again on August 24, 2021 through July 9, 2026, which was approved through an Amended and Restated Agreement.

Analysis/Discussion
The Second Amended and Restated Agreement revises the City Manager employment agreement to make the following changes:

1. Due to the extraordinary inflation this year, add a 1% cost of living allowance in FY 22- 23, effective on August 15, 2022 (the start of the current payroll period), to mirror all other employees.

2. Revise the longevity provision from 5% to 9% at 10 years of service, to mirror the cumulative longevity available to Department Heads

3. Increase the life insurance to from $100,000 to $150,000, in line with the life insurance available to all other employees, effective September 2022.

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All other provisions remain unchanged. Additionally, an updated salary schedule is included as a separate resolution to document the corresponding salary change.

Financial Considerations
The adopted FY 22-23 budget is anticipated to have sufficient funding in the fiscal year due to current staffing levels. As such there are no requested budgetary amendments at this time.

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.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING A

SECOND AMENDED AND RESTATED CITY MANAGER EMPLOYMENT

CONTRACT AND AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the current City Manager, Damien O’Bid became Acting City Manager on December 1, 2014; and
WHEREAS, following an open recruitment process the City Council selected and entered into a three-year agreement with the current City Manager, Damien O'Bid, commencing on April 15, 2015; and
WHEREAS, the original agreement was extended on April 10, 2018 until July 9, 2018; and
WHEREAS, the agreement was extended on July 10, 2018 until July 9, 2021; and WHEREAS, on August 24, 2021, the City Council authorized an Amended and Restated Employment Agreement that extended the employment term to July 9, 2026; and WHEREAS, in response to the extraordinary inflationary pressures, the City Council finds that a 1% COLA increase is warranted, as well as an increase in life insurance from $100,000 to $150,000, and a modified longevity structure; and WHEREAS, Damien O’Bid shall have all the powers, duties and responsibilities of the City Manager in the same manner as provided for in Chapter 2.12 of the Cotati Municipal Code.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cotati does hereby determine and find it is the desire for the City and Damien O’Bid to enter into a Second Amended and Restated Employment Agreement concerning compensation, benefits, terms and conditions of Damien O’Bid’s employment as City Manager.

BE IT FURTHER RESOLVED that the attached Second Amended and Restated Employment Agreement (Exhibit A) is approved and the Mayor is authorized and directed to execute same on behalf of the City.

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 23rd, 2022, by the following vote, to wit:

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

Exhibit A: CM Agreement - Second Amended & Restated 2022 (DOCX) Packet Pg. 13
Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
August 23, 2022
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SECOND AMENDED AND RESTATED AGREEMENT FOR EMPLOYMENT

OF CITY MANAGER
This Agreement for Employment of City Manager is amended and restated and entered into this 23th day of August 2022 and effective as of August 15, 2022, by and between the City of Cotati, a California municipal corporation (the “City”), and Damien O’Bid (“Mr. O’Bid” or “City Manager”). In consideration for the mutual covenants contained herein, the parties hereto agree as follows:

SECTION 1. EMPLOYMENT
A. Appointment of City Manager.

1. The City Council of the City appointed Mr. O’Bid to the position of City Manager effective April 15, 2015 for an initial term of three (3) years, to perform the functions and duties specified for the City Manager under the laws of the State of California, the Municipal Code of the City, and the Ordinances and Resolutions of the City, and to perform such other duties and functions as the City Council shall from time to time assign.

2. The original agreement was extended on April 10, 2018 until July 9, 2018; and

3. On July 10, 2018, the City Council extended the initial three-year agreement until July 9, 2021.

4. On August 24, 2021, the City Council authorized an Amended and Restated Employment Agreement that extended the employment term to July 9, 2026.

5. In response to the extraordinary inflationary pressures, the City Council finds that a 1% COLA increase is warranted, as well as an increase in life insurance from $100,000 to $150,000, and a modified longevity structure; and

6. Mr.O’Bid is an at will employee and in his capacity as City Manager shall serve at the pleasure of the City Council.

7. By this Agreement, the parties set forth the terms and conditions that apply during Mr. O’Bid’s employment as City Manager.

B. City Council Commitments.

The City Council shall deal with the City Manager and all subordinate City employees, officers, contractors and consultants in accordance with Cotati Municipal Code Section 2.12.200.

C. Term of Agreement.

1. Mr. O’Bid’s appointment to the position of City Manager is extended for an additional five (5)-year termis effective through July 8, 2026. If at the end of the term the parties do not extend the Agreement or enter into a successor agreement, Mr. O’Bid’s employment will terminate as described in Section 1.D.5.below.

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
August 23, 2022
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2. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City to terminate this Agreement at any time, or the right of Mr. O’Bid to resign at any time from this position, as set forth below.

3. The term may be extended or revised by the mutual written agreement of the parties.

D. Termination of Agreement and Employment with the City.

1. Mr. O’Bid is an at-will employee who shall serve at the pleasure of the City Council.

The City Council may terminate the City Manager’s employment at any time, subject to any restrictions in the Cotati Municipal Code, with or without cause. Nothing in this Agreement is intended to, or does, confer upon Mr. O’Bid any right to any property interest in continued employment or any due process rights of any kind.

2. Notwithstanding the provisions of Section 1.C, the City Council may terminate this Agreement, upon a minimum of three (3) affirmative votes, with or without cause upon ten (10) working days’ written notice.

3. Mr. O’Bid may terminate this Agreement by giving the City thirty (30) days’ written notice in advance of termination, at the end of which period this Agreement will terminate, unless the City and Mr. O’Bid otherwise agree.

4. Upon termination of this Agreement, whether voluntary or otherwise, the City Manager shall be entitled to payment of all accumulated leave, minus applicable deductions, at his highest full salary earned during his tenure with the City.

5. Mr. O’Bid does not possess any right of reinstatement to any of his former positions at the City. Thus, his employment with the City shall be terminated upon the effective date of the termination of this Agreement.

SECTION 2. POWERS, DUTIES, AND RESPONSIBILITIES
A. Employment Duties.

Mr. O’Bid shall perform the functions of City Manager of the City and shall be vested with the powers, duties, and responsibilities set forth in the City’s Municipal Code, the terms of which are incorporated by reference herein. In addition, Mr. O’Bid shall perform such other duties as may be assigned by the City Council, and which are not inconsistent with the position of City Manager.

B. Hours of Work.

Mr. O’Bid shall be an exempt employee under the Fair Labor Standards Act. The City Manager shall establish an appropriate work schedule and is expected to devote necessary time during and outside of normal business hours to the business of the City.

C. Performance Evaluation.

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
August 23, 2022
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1. Thirty (30) days after the annual City Council goal-setting, goals for the City Manager will be set. The City Council shall evaluate Mr. O’Bid’s performance on a regular basis, based on agreed upon goals, at such times as the Council may request. Mr. O’Bid shall receive at least one performance evaluation annually, on a mutually agreeable date or dates.

Pursuant to Cotati Municipal Code Section 2.12.60, the City Manager shall receive such compensation as the City Council shall from time to time determine.

2. Evaluations of the City Manager shall only be discussed in compliance with the Ralph M. Brown Act and other applicable law, if any.

SECTION 3. COMPENSATION OF CITY MANAGER
A. Salary.

1. Mr. O’Bid shall receive a Base Salary of $94.11 per hour, beginning on July 5, 2021.

The salary will be paid at the same time and in the same manner as for non-safety Department Heads.

2. Effective the first full pay period following July 1, 2022, and each July 1 thereafter through July 1, 2025, the City Manager’s Base Salary shall be increased by two and one-half percent (2.5%). Any other increases or adjustments to Mr. O’Bid’s Base Salary shall be approved by the City Council by amendment to this Agreement.

3. Effective the first day of the pay period including August 23, 2022, the salary schedule for the City Manager position will be increased by one percent (1%). This is in addition to the two and one-half percent (2.5%) cost of living adjustment effective the first pay period in July 2022, in accordance with this agreement.

The parties acknowledge and agree that this additional cost of living increase is on a one-time basis only, and shall not constitute, nor be considered as precedent-setting, nor be relied upon to assert a past practice supporting future payments.

2. 3.4.The City shall not reduce the Base Salary or any other financial benefit of the Mr.

O’Bid in a percentage that is greater than the average reduction of non-safety Department Heads.

B. Benefits.

1. Longevity Pay: After ten (10) consecutive years of full-time service (20,800 hours) in paid status with the City, the City Manager shall receive longevity pay in the amount of 59% of base salary.

2. Group Medical Insurance: The City offers group medical insurance. The available plan options are determined by the City, with the plan selected by the employee. The City will pay one hundred percent (100%) of the cost of group medical insurance premiums for the City Manager.

Formatted: No bullets or numbering
Formatted: Indent: First line: 0.5", No bullets or

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
August 23, 2022
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3. Dental Insurance: The City offers dental insurance. The policy shall be determined by the City. The City will pay one hundred percent (100%) of the premium for the City Manager.

4. Vision Insurance: The City offers vision insurance. The policy shall be determined by the City. The City will pay one hundred percent (100%) of the premium for the City Manager.

5. Life Insurance: The City shall provide life insurance coverage in the amount of $100,000 for the City Manager, policy to be determined by the City. Effective the first full pay period in September 2022, the City shall provide life insurance coverage in the amount of one- hundred fifty thousand dollars ($150,000).

6. Flexible Spending Account: The City offers an IRS 125 plan Flexible Spending Account (FSA). The plan allows the City Manager to pay medical and childcare expense 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.

7. AFLAC: The City makes available to the City Manager a group of supplemental insurance policies offered by AFLAC. The policy premiums are paid by the employees through payroll deduction.

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

9. 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.

10. Long Term Disability: The City offers a Long Term Disability Insurance (LTD) for the City Manager. The extent of benefits will be dependent on provider; however, minimum benefits are to be:

Coverage beginning on the 61st day of disability
Disability benefit received will be 60% of employee base salary with a cap of $5,000 per month; and
Benefits will be available for the length of disability until retirement age.

11. 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 after the 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

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
August 23, 2022
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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.

12. Public Employees’ Retirement System (PERS): The City of Cotati is a member of the Public Employees’Retirement System (CalPERS). The City Manager shall contribute the normal PERS employee share of 8.0% plus 2.371% of the City share (10.371% total). The City Manager will receive the PERS Section 21574 Fourth Level of 1959 Survivor benefits.

The City has determined that Mr. O’Bid is a “current” or “classic” employee and not a “new” employee as those terms are used and defined in the California Pension Reform Act (Government Code Section 7522 et seq.), effective January 1, 2013, and subsequent CalPERS implementing regulations; provided, however, that City’s determination is subject to CalPERS review and concurrence.

13. Holiday Pay: The City Manager shall receive twelve and one half (12 ½) days of paid holiday leave for each year, subject to the City’s Personnel Rules.

14. Administrative Leave: The City Manager shall receive eighty (80) hours of Administrative Leave at the start of each fiscal year. 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.

15. Auto Allowance: The City Manager shall receive four hundred dollars ($400) per month in auto allowance.

16. Sick Leave Accrual: The City Manager shall accrue eight 8 hours of sick leave per month. Sick leave accrual and usage shall be subject to the City’s Personnel Rules and cannot be cashed out during employment or at the time of separation.

17. Vacation Leave: The City Manager’s vacation accrual will decrease to 18 hours per month, beginning at 0 hours with a maximum accrual cap of 432 hours for new leave accrued on or after July 9, 2018. Any pre-existing leave bank balances will cease to accrue new hours.

Leave may be cashed out a maximum of two times per calendar year. The City Manager must be in pay status or on an approved leave to exercise this option. Upon reaching the applicable Leave accrual cap, the City Manager will cease to accrue Leave until such time that he reduce accrued Leave hours below the cap.

The City Manager 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. Once the request has been submitted, the City Manager may elect to request the elected cash-out at any point during the subsequent year up to November 15 of each year. If the City Manager has not initiated the cash-out of the hours by November 15, the remaining hours in the irrevocable election will be automatically paid to the City Manager in the last paycheck of November.

If the City Manager did not elect pay in lieu of vacation time off by the last business day

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
August 23, 2022
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of the prior year, the City Manager 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.

In the event the City Manager is faced with an “unforeseeable emergency” as described below, the City Manager 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 City Manager must establish and substantiate that he or she has suffered a severe financial hardship resulting from an illness or accident suffered by the City Manager or City Manger’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 City Manager. 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 City Manager’s control.

The City Manager 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 City Manager that would not cause a severe financial hardship.

The Administrative Services Director shall provide recommendations to the Chief of Police regarding eligibility for and distribution of leave hours from an employee’s available vacation leave balance based on this policy. The Chief of Police 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, the City Manager shall complete the Vacation Cash-out Due to an Unforeseeable Emergency Application available from the Human Resources Department.

18. Death: In the event that the Mr. O’Bid dies while employed by the City under this Agreement, Mr. O’Bid’s beneficiaries or those entitled to his estate, shall be entitled to his earned salary and any in-lieu payments for accrued benefits, including compensation for the value of all accrued leave balances.

C. Reimbursement of Expenses.

1. Pursuant to Cotati Municipal Code Section 2.12.60, Mr. O’Bid shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties as City Manager. Such incurred expenses shall be submitted according to City’s normal expense reimbursement procedures, or such other procedure as may be designated by the City Council.

To be eligible for reimbursement, all expenses must be supported by documentation meeting the City’s normal requirements and must be submitted within time limits established by City.

2. Without the prior approval of the City Council, the City Manager shall not incur business expenses in excess of the amount annually budgeted and approved by the City Council

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
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for such expenditures.

SECTION 4. SEVERANCE

1. In the event City terminates City Manager’s employment without cause, Employee shall be entitled to severance pay of a lump sum payment equal to six (6) months base salary; provided, however, that under no circumstances shall Mr. O’Bid be entitled to severance in an amount greater than for the amount of time remaining in the term of this Agreement. For example, if the City terminates employment without cause with three (3) months remaining in the term of this Agreement, Mr. O’Bid is only entitled to three (3) months of severance pay.

Furthermore, Mr. O’Bid is not entitled to any severance if his employment ends because the parties do not renew this Agreement. The severance under this Agreement shall be subject to the restrictions set forth in Government Code section 53260. Said payment of severance pay shall be conditioned upon Mr. O’Bid executing a waiver and release agreement forever releasing and waiving any and all claims against the City in a form acceptable to the City. Mr. O’Bid shall receive the severance payment in a lump sum payment minus all applicable deductions within fifteen (15) business days after execution of the waiver and release agreement. Mr. O’Bid shall not receive any severance payments if he resigns, if he is terminated for cause, or if a waiver and release agreement is not executed by Mr. O’Bid.

2. This provision does not confer any property rights on Mr. O’Bid, as he remains an at- will employee. The phrase “termination for cause” only pertains to Mr. O’Bid’s eligibility for severance as described in this Section. A “termination for cause” for purposes of severance may include, but shall not be limited to, the following:

Violation of any written policies or procedures;
Theft of City property;
Insubordination;
Conviction of a felony or misdemeanor relating to employee’s fitness to perform assigned duties;
Unauthorized absence from employment;
Improper use of City funds;
Unauthorized use of City property;
Willful misconduct or malfeasance; and
Any act of moral turpitude or dishonesty.

SECTION 5. ABUSE OF OFFICE
Government Code Sections 53243, 53243.1, 53243.2, and 53243.3 are incorporated by reference as if fully set forth herein. Furthermore, pursuant to Government Code Section

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
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53243.2, any cash settlement related to the termination of this Agreement received by Mr. O’Bid from the City shall be fully reimbursed to City if Mr. O’Bid is convicted of a crime involving an abuse of his office or position as defined in Government Code Section 53243.4.

SECTION 6. OUTSIDE ACTIVITIES
The employment provided for by this Agreement shall be Mr. O’Bid’s sole employment, and Mr. O’Bid shall not engage in any activities in conflict with his responsibilities as City Manager. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the City and the community, Mr. O’Bid may elect, with the prior written approval of the Mayor, and written notification to the full Council, to accept limited teaching, consulting or other business opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his responsibilities under this Agreement.

SECTION 7. INDEMNIFICATION
The City shall provide for the defense of the City Manager in any action or proceeding alleging an act or omission within the scope of his employment in accordance with California Government Code Sections 825 and 995 et seq., and other applicable law. Notwithstanding anything to the contrary in this Agreement, in accordance with California Government Code Section 825, subdivision (a), the City reserves the right to not pay any judgment, compromise or settlement subject to that section until it is established that the injury arose out of an act or omission occurring within the scope of the City Manager’s employment pursuant to this Agreement. Further, notwithstanding anything to the contrary in this Agreement, the City reserves the right to refuse to provide for the defense of the City Manager for the reasons set forth in California Government Code Section 995.2 or other applicable provisions of law.

Consistent with the California Government Code, City shall defend, hold harmless, and indemnify City Manager using legal counsel of City’s choosing, against expense or legal liability for acts or omissions by City Manager occurring within the course and scope of City Manager’s employment under this Agreement; provided that any such defense shall be in accordance with the provisions of Government Code Section 995 et seq. regarding defense of public employees and any such indemnification shall be in accordance with the provisions of Government Code Section 825 et seq. regarding indemnification of public employees. Any City funds provided for the legal defense of the City Manager shall be fully reimbursed by the City Manager in accordance with California Government Code section 53243.1 if he is convicted of a crime involving an abuse of his office or position as defined in California Government Code section 53243.4.

SECTION 8. MISCELLANEOUS PROVISIONS
A. Entire Agreement. The text herein shall constitute the sole and entire Agreement between the parties. The City and Mr. O’Bid acknowledge that there are no representations, agreements, arrangements or understandings, whether written or oral, between the parties relating to the subject matter of this Agreement which are not fully set forth in this Agreement. Any modification or change in this Agreement shall not be binding on either party unless such change or modification is in writing and signed by both parties.

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
August 23, 2022
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B. Communications upon City Manager’s Separation. In the event the City terminates the City Manager for any reason or no reason, the City and the City Manager agree that Mr. O’Bid and the City will prepare a mutually agreeable joint press release or statement concerning the City Manager’s termination, the substance of which may be verbally repeated by either party in response to any inquiry regarding the termination.

C. Conflict with Municipal Code. The City personnel ordinances, resolutions, rules and policies shall apply to the City Manager in the same manner as applied to other non-safety Department Heads; provided, however, that in the event of a conflict between the provisions of this Agreement and the Cotati Municipal Code, the Municipal Code shall prevail over this Agreement.

D. Effect of Waiver. The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

E. Severability. In the event that any term of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the City and Mr. O’Bid, the remainder of this Agreement shall remain in full force and effect unless the term or terms held to be illegal or void are wholly inseparable from the remaining portions of the Agreement.

F. Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of California. In the event that either party to this Agreement brings a lawsuit to enforce or interpret any provisions of this Agreement, the prevailing party shall be entitled to recover their reasonable attorneys’ fees and related expenses and costs.

G. Parity in Construing Agreement. Both the City and Mr. O’Bid have had the opportunity to participate in the drafting of this Agreement. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of either party.

H. Provisions that Survive Termination. Sections 4 (Severance) and 7 (Indemnification) shall survive termination of employment and termination of this Agreement.

I. Notices. Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

City of Cotati
201 West Sierra Avenue
Cotati, CA 94931-4217 Attn: Deputy City Clerk
City Manager
Damien O’Bid
Address on file at City
Alternatively, notices required pursuant to his Agreement may be personally served in the same

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) Second Amended and Restated Agreement for Employment of City Manager Damien O’Bid
August 23, 2022
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manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the third day following the date of deposit of such written notice in the course of transmission in the United States Postal Service, with postage fully prepaid.

IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed in its behalf by its Mayor and be duly attested to by its City Clerk, and the City Manager has signed and executed this Agreement, both in duplicate, as of the day and year first written above.
________________________
Mark Landman
Mayor
________________________
Damien O’Bid
ATTEST:
________________________
Kevin Patterson, Deputy City Clerk
APPROVED AS TO FORM:
________________________
John Bakker
City Attorney
3810972.4

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Attachment: Exhibit A: CM Agreement - Second Amended & Restated 2022 (Resolution Approving Extension to CM Agreement) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ADOPTING 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, on August 9, 2022, the City Council adopted a revised salary schedule (Resolution 2022-46) to account for the CEA, CPOA, and CPMA, side letters of amendment to the Memorandum of Understanding (MOU) and the Non-Represented Confidential and Management Employees amended compensation plan all effective the pay period including August 9, 2022; and
WHEREAS, the City Council finds and determines that agreement amendment for the City Manager is appropriate and reasonable; and
WHEREAS, the action of 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 amended salary schedule as Exhibit “A-1”, effective the pay period including August 23, 2022,

2. 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 23rd, 2022, by the following vote, to wit:

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

A-1 - SALARY SCHEDULE AUGUST 15, 2022 (PDF)
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Salary Schedule 2022/23
Step Step Step Step Step
ABCDE
Accountant CEA 36.02 37.82 39.71 41.70 43.78
Account Clerk CEA 26.77 28.11 29.52 31.00 32.55
Accounting Technician CEA 31.11 32.67 34.30 36.02 37.82 Administrative Assistant CEA 30.70 32.23 33.84 35.53 37.31 Assistant Planner CEA 37.10 38.95 40.90 42.94 45.09
Associate Planner CEA 41.21 43.27 45.43 47.70 50.09
Building Official Non-Rep 58.20 61.11 64.17 67.38 70.75 Chief of Police Non-Rep 76.30 80.12 84.13 88.34 92.76
City Clerk Non-Rep 53.56 56.24 59.05 62.00 65.10
City Manager Contract - - - - 97.42
Civil Engineer CEA 47.19 49.55 52.03 54.63 57.36
Community Services Officer CPOA 29.00 30.45 31.97 33.57 35.25 Deputy City Clerk Non-Rep 37.06 38.91 40.86 42.90 45.04 Director of Administrative Services Non-Rep 76.30 80.12 84.13 88.34 92.76 Director of Community Development Non-Rep 76.30 80.12 84.13 88.34 92.76 Director of Public Works/City Engineer Non-Rep 76.30 80.12 84.13 88.34 92.76 Engineering Technician CEA 32.72 34.36 36.08 37.88 39.77 Intern Part Time 16.00 - 17.00 - 18.00
Laborer CEA 21.47 22.54 23.67 24.85 26.09
Maintenance Worker I CEA 27.30 28.67 30.10 31.60 33.18
Maintenance Worker II CEA 31.21 32.77 34.41 36.13 37.94 Maintenance Worker III CEA 34.40 36.12 37.93 39.83 41.82 Management Analyst CEA 38.35 40.27 42.28 44.39 46.61
Management Analyst - Confidential Non-Rep 38.35 40.27 42.28 44.39 46.61 Office Assistant CEA 21.98 23.08 24.23 25.44 26.71
Permit Technician CEA 31.84 33.43 35.10 36.86 38.70
Planning Technician CEA 31.84 33.43 35.10 36.86 38.70
Police Corporal CPOA 39.14 41.10 43.15 45.31 47.58
Police Dispatcher/Clerk CPOA 29.61 31.09 32.64 34.27 35.98 Police Lieutenant Non-Rep 54.85 57.59 60.47 63.49 66.66 Police Officer CPOA 37.27 39.13 41.09 43.14 45.30
Police Sergeant CPMA 44.28 46.49 48.81 51.25 53.81
Police Service Aide Part Time/Non Rep 26.76 28.10 29.50 30.97 32.52 Public Works Superintendent Non-Rep 52.05 54.65 57.38 60.25 63.26 Recreation Coordinator CEA 26.77 28.11 29.52 31.00 32.55 Recreation Manager Non-Rep 44.93 47.18 49.54 52.02 54.62 Reserve Police Officer Part Time/CPOA 37.27 39.13 41.09 43.14 45.30 Senior Accountant CEA 39.48 41.45 43.52 45.70 47.98
Senior Management Analyst CEA 42.27 44.38 46.60 48.93 51.38 Senior Management Analyst - Confidential Non-Rep 42.27 44.38 46.60 48.93 51.38 Senior Planner CEA 47.19 49.55 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 08/15/2022
Hourly (2080/yr)
Position Title Bargaining Unit

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Attachment: A-1 - SALARY SCHEDULE AUGUST 15, 2022 (Fiscal Year 2022-23 Salary Schedule Rev. 2) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Fiscal Year 22-23 City Vehicle Replacement
Date: August 23, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a motion authorizing the City Manager to approve the purchase of budgeted vehicles and authorize the City Manager to execute any necessary agreements to carry out the approved purchases, including upfitting and electric vehicle infrastructure, not to exceed the authorized budget amount by fund.

Background
On June 28, 2022, the City Council adopted the Fiscal Year 2022/23 budget. Included in the budget is funding for programmed vehicle replacements. To meet the City Council’s climate change goals and objectives while simultaneously reducing operating costs, the City has prioritized the purchase of battery electric vehicles if available in any given vehicle category.

All electric vehicles charged at City facilities use 100% renewable Sonoma Clean Power, as all electricity purchased by the City is Evergreen.

Analysis/Discussion
In Fiscal Year 2021/22, the City purchased the first battery electric police patrol vehicle and installed charging pedestals in the Police Station vehicle lot. The patrol vehicle is currently being upfit and is expected to enter service soon. While other police agencies have used electric vehicles in administrative or traffic enforcement roles, the City’s patrol vehicle is only the second fully upfitted police patrol vehicle known to staff in the United States (Fremont being the other).

While more battery electric vehicles are coming to market each year, choices and availability are still limited in light vehicle categories, and essentially non-existent in heavy vehicle categories.

Globally, automakers are racing to increase production, but are limited by on-going supply chain shortages, limits on available production capacity, and battery supply (generally in the case of traditional vehicle manufacturers). For longer trips, high speed charging networks (i.e. Level 3 DC Fast Chargers) are still relatively spotty outside of Tesla’s extensive fast charging network.

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However, it is expected that Tesla will gradually open its’ proprietary charging network to other auto brands in North America, as they have already done in most of Europe. In short, things are moving fast, but choices are currently still limited.

In the light sedans/small SUV categories, Tesla Model 3 and Model Y currently account for approximately 70% of all battery electric vehicle sales in North America. Far behind that is the Ford Mach E and VW ID.4, and then an assortment of other vehicles, such as the Chevy Bolt, Polestar 2, Kia EV6, Hyundai Ioniq 5, and VinFast VF8. Light trucks are currently limited to the Ford F-150 Lightning, Rivian R1T, and GMC Hummer EV, all of which are currently very expensive and limited in supply. With the transition to battery electric vehicles, it is expected that a variety of Chinese electric vehicle brands will also begin to enter the North American market in the next 1-2 years and significantly displace the market share of the traditional automakers.

The highest priority vehicles to convert to battery electric are police patrol vehicles, due to their high usage. The current internal combustion engine (ICE) patrol vehicles have an average fuel efficiency of 9 miles per gallon (mpg), are more expensive to operate and maintain than a battery electric vehicle (BEV) and have a lower resale value at end of life. BEV’s also do not emit any emissions and would be recharged on municipal electricity, which is 100% renewable Sonoma Clean Power Evergreen. Although the BEV is more expensive to purchase upfront, based on fuel savings alone, it is expected be less expensive to operate over its service life.

To reduce maintenance costs, improve safety, and lower emissions, the City is continuing to cycle out older vehicles that are reaching the end of their service life. As the City purchases new vehicles, the vehicles and equipment at the end of their service lives are retired and sold per our fixed asset policy.

Vehicles are purchased under a pooled vehicle bid, which generally results in the best possible purchase price. Police vehicles and Public Works utility trucks arrive from the dealer without being “upfitted”. This primarily consists of adding light bars, radios, and other similar items specific to each agency, and therefore is not pre-installed. The upfit is part of the total cost of the car and is performed by a third-party installer. In general, third-party equipment has been very delayed due to general supply chain issues, often delaying the upfit of a car 4-6 months.

Financial Considerations
In the Fiscal Year 2022/23 budget, the following table indicates the vehicles planned for replacement and the initial amounts budgeted:

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Description General Fund Water Fund Sewer Fund Total
CH176PW- John Deer Model 955 - Loader Backhoe $ 8,750 $ 13,125 $ 13,125 $ 35,000 CH206PW-John Deere - 27D Mini Excavator $ 2,100 $ 16,450 $ 16,450 $ 35,000 CA004PD-Ford - Police Interceptor $ 45,000 $ - $ - $ 45,000 CA005PD-Ford - Police Interceptor Utility SUV $ 56,000 $ - $ - $ 56,000 CM006PD-Harley - Roadking $ 30,000 $ - $ - $ 30,000
CC153CM-Toyota - Prius $ 30,000 $ - $ - $ 30,000
CE210CM-Ford - F 150 $ 48,000 $ - $ - $ 48,000
CE207PW-Ford - F 250 $ - $ 24,000 $ 8,000 $ 32,000
CK161PW-Shamrock Hydro Flusher $ - $ - $ 50,000 $ 50,000 Total $ 219,850 $ 53,575 $ 87,575 $ 361,000
With supply chain shortages, general inflationary pressures, and the higher initial purchase price of most electric vehicles, it is anticipated that the purchase of some vehicles may need to be delayed to stay within the budget. Therefore, staff will need to determine which vehicles are in need of replacement this year, and which can be safely and economically postponed to a future year.

If authorized, vehicle purchases would stay within the indicated budgeted amounts in each fund, targeting the highest use and most polluting vehicles for BEV.

Environmental Issues
The action of purchasing replacement vehicles does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Resolution granting the City Manager Authority to extend of the previously approved Commercial Cannabis Retail and Distribution Permit for Steve Monahan, (DBA IndyThree) at 8145 Gravenstein Highway in the Commercial Gravenstein Highway (CG) Zoning District, PA21/22
Date: August 23, 2022
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that the City Council adopt a resolution granting the City Manager the authority to extend the previously approved Commercial Cannabis Retail and Distribution Permit, allowing Steve Monahan (DBA Indythree) to operate a retail cannabis sales facility at 8145 Gravenstein Highway in the Commercial, Gravenstein Highway (CG) Zoning District.

Background
In October 2016, a formal application to develop the property at the corner of Alder Avenue and HWY 116 (now addressed as 8145 Gravenstein Highway) was filed with the City proposing a 6,000 square-foot commercial building and a 125-unit assisted living facility.

On February 13, 2018, the Cotati City Council approved regulations to allow for certain commercial cannabis operations in the City, limiting the number and location of specific cannabis business types. Retail locations were (essentially) restricted to the west side of Cotati, and further limited based on their proximity to other uses.

On June 12, 2018, Steve Monahan, doing business as Indythree, LLC was granted approval for a Cannabis Retail and Distribution permit to operate from undeveloped property located at 8145 Gravenstein Highway in the Commercial, Gravenstein Highway (CG) Zoning District. This approval was conditioned upon execution of a formalized agreement to develop the property with a retail building suitable to house a commercial cannabis retail distribution use, which was being proposed as a component of the larger 125-unit assisted living facility project.

On November 13, 2018, the Cotati City Council approved an Agreement to Implement Requirements of the Commercial Cannabis Permit issued to Indythree, LLC, and authorized the City Manager to execute the Agreement. This Agreement acknowledged it is in the City’s best interest to ensure that development of the site is completed in a timely manner and included a

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schedule of milestones that must be met in order for Indythree, LLC to retain their Commercial Cannabis Permit. This agreement further identified that if certain milestones were not met, the City Council has grounds for revocation of the Commercial Cannabis Permit. The Agreement also provided Indythree, LLC and Steve Monahan assurances that, if all milestones were met, or milestones that cannot be met have been diligently pursued, the Commercial Cannabis Permit will be extended.

On September 16, 2019, the Cotati Planning Commission recommended City Council approval of a Mitigated Negative Declaration, Zoning Code Text Amendment, Use Permit, Design Review and a Lot Line Adjustment to allow the development of the property located at 8145 Gravenstein Highway with a 125-unit assisted living facility and a separate 4,000 square foot retail location intended to house the approved Commercial Cannabis Retail and Distribution operation.

On October 22, 2019, the Cotati City Council supported the Planning Commission recommendation and approved the Assisted Living and Commercial Cannabis Retail location project.

On November 11, 2019, the City Council conducted the second reading of the re-zoning ordinance and 30-days after this action, all approvals were in place to allow the project to move to submit building permits. Unfortunately, shortly after City Council approval of the Assisted Living/Retail Facility project, the applicant informed City staff that the project was unlikely to move forward due to the economic impacts of the COVID-19 pandemic. City staff encouraged the applicant to pursue alternative methods to implement the Cannabis Retail and Distribution permit approval in the approved location. In response, the applicant began to explore improving the existing buildings on the property, both to house the Cannabis retail facility and to provide additional commercial space for other adjoining uses.

In June of 2020, the approved Cannabis Retail and Distribution permit technically expired given that all of the milestones had not been met; however the City Council has the authority to provide an extension.

On September 17, 2020, the applicants applied for (and were subsequently issued) building permits to begin repairs to the existing buildings on-site (which were in a state of severe disrepair) while the City reviewed site and building design changes proposed under a pending Design Review application.

On September 22, 2020, the Cotati City Council adopted a resolution tolling the expiration of permit approvals which may occur during the time period of the COVID-19 Emergency Declaration. This action was retroactive to the March 2020 time period when the emergency declaration was made by the City Council.

On October 19, 2020, the applicants filed a Design Review application proposing to make changes to the property at 8145 Gravenstein Highway, including site and building improvements to facilitate the future use of the three existing buildings, one of which is intended to house the Retail Cannabis and Distribution Use approved on-site. This application is currently under

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review by the Community Development Department.

On January 26, 2021, staff presented a request for extension of the previously granted Cannabis Retail Sales and Distribution Permit to the City Council for approval. After reviewing the provided information, the City Council expressed concerns with granting an extension of the Cannabis permit without having a more complete understanding of the structure and site improvements now proposed to house the retail cannabis facility. The Council further requested staff provide details regarding options for granting a retail cannabis permit to a different operator, given the delays experienced in implementing this approval. This request included direction that this information was to be brought back before the City Council within 90-days.

On April 13, 2021, the City Council considered the request for extension of the approved Cannabis Retail Sales and Distribution permit. After considering this request, the City Council granted a 240-day extension, but directed the applicant to come back before the City Council to request any additional time needed to complete the on-site construction and begin Dispensary operations.

On June 21, 2021, the Planning Commission approved Design Review of the proposed building and site improvements including construction of a new parking lot to serve the existing buildings; modification of the parapet to improve the roof lines of two of the structures; new siding, trim, lighting, doors and windows on all three of the buildings; landscaping of the entire site and pedestrian and bicycle serving improvements on-site and along Alder Avenue.

On October 12, 2021, the City Council granted the applicant an additional 240-day extension on the approved Cannabis Retail and Distribution permit (to June 8, 2022). The previous extension of 240-days was not adequate to allow the project applicant to go through the Design Review process, formalize the building permit submittal, draft the legal documentation for the public improvements and dedications and construct all required on-site improvements. This would have been challenging during a typical development process and the Covid-19 supply chain impacts and labor shortages have made construction and occupancy of the use impossible within the Council allotted 240-days according to the applicant. The City Council resolution also granted the City Manager the ability to issue a one-time 90-day extension, provided the applicant was showing substantial progress on completion of the improvements.

Prior to the expiration of the second 240 day extension, the applicant requested a 90 day extension, which was granted after carefully evaluating the project status. Therefore, the current permit expiration date is approximately September 8, 2022 Analysis/Discussion
It is expected that all improvements will be completed by the first week of October 2022.

However, issuance of a Caltrans encroachment permit for minor improvements along the project frontage has been problematic. Additionally, PG&E needs to install a new pole mounted transformer on Highway 116, requiring approvals from both PG&E and Caltrans. As a point of reference, the City has also been trying to obtain an encroachment permit from Caltrans to build a Caltrans approved parking lot. This permit was just issued after over 18 months, so it’s clear

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that Caltrans has significant issues at this time processing encroachment permits.

Although the applicant is optimistic that the encroachment permits will be issued and work completed by early October, it is recommended that authority for further permit extensions be delegated to the City Manager, provided the applicant continues to show clear progress to completion. The request from the applicant, as well as the State approved Cannabis Permit, are attached to this report.

Financial Considerations
There are no direct financial impacts to the City’s General Fund associated with the extension of the current permit approval. Upon implementation of the approved use, City staff anticipates direct sales and cannabis tax benefits to the General Fund, and the applicant previously provided a summary of the anticipated tax revenues associated with their 2018 application. While the assumptions of the market study that supported those projections may not hold in today’s environment (due to changes in the cannabis market and the opening of competing cannabis retail uses), staff anticipates tax benefits from the implementation of the second allowable cannabis retail facility opening and operating within the City. Further, granting authority to the City Manager to extend this permit is seen as the most expeditious method to achieve such implementation.

Environmental Issues
Approval of the requested extension of the previously approved Cannabis Retail and Distribution Permit is found to qualify for a Class 1 and Class 4 Categorical Exemption under Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA). Specifically, it is found to qualify given that the project would occupy an existing structure on a previously developed parcel requiring minor alterations and improvements to facilitate the approved use.

Attachments:

Indythree LLC - Timeline Extension Request Letter (PDF) Jane Dispensary - State Cannabis License (PDF)

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Attachment: Indythree LLC - Timeline Extension Request Letter (Reds Cannabis Time Extension)

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Attachment: Indythree LLC - Timeline Extension Request Letter (Reds Cannabis Time Extension)

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Attachment: Indythree LLC - Timeline Extension Request Letter (Reds Cannabis Time Extension) Department of Cannabis Control
[email protected], www.cannabis.ca.gov
Cannabis Retailer License
Adult-Use and Medicinal
Business Name:

INDYTHREE, LLC
Jane Dispensary
License Number: C10-0001089-LIC
License Type: Retailer
(Storefront)
The license authorizes INDYTHREE, LLC to engage in commercial cannabis Retail (Storefront) at the premises address listed above until the expiration date of this license. This license issued is pursuant to Division 10 of the California Business and Professional Code and is not transferable to any other person or premises location. This license shall always be displayed in a prominent place at the licensed premises. This license shall be subject to suspension or revocation if the licensee is determined to be in violation of Division 10 of the Business and Professions Code or regulations adopted thereunder.

Premises Address:
8145 GRAVENSTEIN HWY
COTATI, CA 949314126
Valid: 6/20/2022
Expires: 6/20/2023
Scan to verify this
license.

Non-Transferable Post in Public View

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Attachment: Jane Dispensary - State Cannabis License (Reds Cannabis Time Extension) Scan to verify
this license.

Valid:
6/20/2022
Expires:
6/20/2023
License No:

C10-0001089-LIC
Legal Business Name:

INDYTHREE, LLC
Jane Dispensary
Premises Address:
8145 GRAVENSTEIN HWY COTATI, CA
949314126

1. Use your smartphone camera to scan the QR code for licensing information.

2. If your camera doesn’t have scanning functionality, you can look up a location at CApotcheck.com using license number C10-0001089-LIC.

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Attachment: Jane Dispensary - State Cannabis License (Reds Cannabis Time Extension) RESOLUTION NO.

RESOLUTION OF THE COUNCIL OF THE CITY OF COTATI AUTHORIZING THE

CITY MANAGER TO GRANT EXTENSIONS TO THE PREVIOUSLY APPROVED

COMMERCIAL CANNABIS RETAIL AND DISTRIBUTION PERMIT TO STEVE MONAHAN, (DBA INDYTHREE) AT 8145 GRAVENSTEIN HIGHWAY IN THE COMMERCIAL GRAVENSTEIN HIGHWAY (CG) ZONING DISTRICT, PA21-22 WHEREAS, the City of Cotati developed regulations to allow for certain commercial cannabis operations in the City, which were adopted by the City Council on February 13, 2018; and
WHEREAS, Steve Monahan, doing business as Indythree, LLC was granted approval for a cannabis retail and distribution permit on June 12, 2018 (Resolution No. 2018-44); and WHEREAS, that permit was conditioned upon execution of an agreement to develop the property with facilities suitable to a commercial cannabis operation, and WHEREAS, City staff, Indythree, LLC negotiated an Agreement to Implement Requirements of Commercial Cannabis Permit; and
WHEREAS, the Agreement to Implement Requirements of Commercial Cannabis Permit included a schedule of milestones that were to be met in order for Indythree, LLC to retain their Commercial Cannabis Permit approval and which, if not met, gave the City Council grounds for revocation of the Commercial Cannabis Permit; and WHEREAS, on October 22, 2019, the Cotati City Council supported the Planning Commission recommendation and approved an Assisted Living and Commercial Cannabis Retail location project. On November 11, 2019, the City Council conducted the second reading of the re-zoning ordinance and 30-days after this action, all approvals were in place to allow the project to move to submit building permits; and
WHEREAS, in March 2020, the Cotati City Council approved an Emergency Declaration Resolution in response to the ongoing health and economic impacts associated with the COVID-19 viral pandemic; and
WHEREAS, in June of 2020, the approved Cannabis Retail and Distribution permit technically expired given that all of the milestones had not been met; however the City Council has the authority to provide an extension; and
WHEREAS, on September 17, 2020, the applicants applied for (and were subsequently issued) building permits to begin repairs to the existing buildings on-site (which were in a state of severe disrepair) while the City reviewed site and building design changes proposed under a pending Design Review application; and
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WHEREAS, on September 22, 2020, the Cotati City Council adopted a resolution tolling the expiration of permit approvals which may occur during the time period of the COVID-19 Emergency Declaration. This action was retroactive to the March 2020 time period when the emergency declaration was made by the City Council; and WHEREAS, on October 19, 2020, the applicants filed a Design Review application proposing to make changes to the property at 8145 Gravenstein Highway, including site and building improvements to facilitate the future use of the three buildings, one of which is intended to house the Retail Cannabis and Distribution Use approved on-site; and WHEREAS, on April 13, 2021, the City Council approved a 240-day extension of the previously approved Cannabis Retail Sales and Distribution permit for Steve Monahan but directed the applicant to come back before the City Council to request any additional time needed to complete the on-site construction and begin Dispensary operations; and WHEREAS, on October 12, 2021, the City Council granted the applicant an additional 240-day extension on the approved Cannabis Retail and Distribution permit (to June 8, 2022), because the previous extension of 240-days was not adequate to allow the project applicant to go through the Design Review process, formalize the building permit submittal, draft the legal documentation for the public improvements and dedications and construct all required on-site improvements due to Covid-19 supply chain impacts and labor shortages; and WHEREAS, the City Council resolution also granted the City Manager the ability to issue a one-time 90-day extension, provided the applicant was showing substantial progress on completion of the improvements; and
WHEREAS, prior to the expiration of the second 240-day extension, the applicant requested a 90-day extension, which was granted after carefully evaluating the project status, thereby extending the current permit expiration to approximately September 8, 2022; and WHEREAS, City staff finds the location and proposed operational characteristics of the Commercial Cannabis Permit meet the City’s intent and further support the economic development strategy of the City and therefore recommends delegating authority for additional extensions to the City Manager for the Commercial Cannabis Permit granted to Steve Monahan, doing business as Indythree LLC.

WHEREAS, the City Council of the City of Cotati does hereby find that the previously approved Cannabis Retail and Distribution Permit was found to qualify for a Class 1 and Class 4 Categorical Exemption under Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA). Specifically, it was found to qualify given that implementation of the approved project would occupy an existing structure on a previously developed parcel requiring minor alterations and improvements to facilitate the approved use.

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NOW THEREFORE BE IT FURTHER RESOLVED THAT the City Council of the City of Coati does hereby determine and declare as follows:

1. The City Council authorizes the City Manager to grant additional extensions of the previously approved Commercial Cannabis Retail and Distribution Permit issued to Steve Monahan (DBA Indythree, LLC), with the understanding and expectation that the permit holder (a.k.a. Indythree LLC) will continue to demonstrate substantial progress toward establishing a fully operational cannabis retail business in order for this extension to remain valid.

2. Substantial progress will be demonstrated through the following steps and activities:

A. Obtaining Design Review approval for the proposed exterior changes to the site and buildings required to implement the approved commercial cannabis use and bring the adjoining buildings up to commercial occupancy building and zoning code standards (complete);
B. Submittal of grading, building and encroachment permits to construct the improvements granted under the Design Review approval-including all required site, utility and frontage improvements (complete);
C. Issuance of building and encroachment permits, once approved by the City (and including payment of any associated review costs, Impact Fees for the intensification of the proposed use and penalties associated with un-permitted construction activities) (Complete except for frontage improvements under Caltrans encroachment); D. Constructing all the public and private improvements associated with the approved Design Review, building and encroachment permits including regularly requesting inspections for the on-going construction of these improvements (Complete except frontage improvements under Caltrans encroachment);
E. Full occupancy of 2845 HWY 116 shall not be granted until all public and private improvements associated with the approved Design Review are completed to City’s satisfaction.

3. Failure to demonstrate substantial progress towards establishing a fully operational cannabis retail business as identified in the steps above may cause the City Manager to cease issuing any further extensions and the approved cannabis retail permit may expire.

4. Landscaping trees are required to be a minimum of 24”-box in size.

5. The corner of Alder Avenue and Hwy 116 is required to incorporate extensive landscaping treatment and decorative elements beyond the typical zoning standards. A decorative monument sign serving the shopping center may be a part of this treatment.

6. All pedestrian serving paving, patios and walkways are required to be finished in Packet Pg. 40
decorative stamped and stained concrete treatments.

7. All exterior site and building improvements required through the design review process, shall be installed and completed prior to occupancy and operation of the retail cannabis facility as identified in Planning Commission Resolution 2021-4.

8. Retail cannabis business operations shall seek to implement all sustainability and community-oriented elements identified by Jane staff in their April 13, 2021, presentation materials to the City Council. Specifically, public tours, a local preference hiring policy and guaranteed shelf space for locally grown and manufactured products are required to be provided by the business operator.

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 23rd, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Approval of Amendments to Professional Services Agreements with Interactive Resources, Inc and Moe Engineering for the Civic Center Window Replacement and Exterior Repairs Project
Date: August 23, 2022
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution approving amendments to the professional services agreements with Interactive Resources and Moe Engineering for the Civic Center Window and Exterior Repairs Project
Background
The City’s Capital Plan includes efforts to upgrade and maintain public buildings and facilities.

Recently, the City has completed replacing the roof on the Community Center, has contracted for replacing City Hall windows facing West Sierra Avenue, and is planning to prepare bidding documents for replacing Community Center windows. In addition to the construction contracts, professional services contracts are needed to oversee the City Hall Window replacements and to complete the bidding documents and manage the construction of the Community Center window replacements.

Analysis/Discussion
The Civic Center Windows and Exterior Repairs Project is included in the City’s adopted Budget and is also in the City’s Capital plan as the project spans multiple years. There are many different efforts needed to complete all the work envisioned for this project and not all can be done in one year due to budget constraints. Therefore, the work has been divided into several parts with the roof completed first, followed by window replacements, then finally painting.

Investigation analysis was performed for the two buildings and the analysis showed the south facing City Hall windows are a higher priority than the Community Center windows due to weather damage. The consultants performing the investigation and design services were instructed to switch from the Community Center to bidding the City Hall Windows instead. Bids for this project came in significantly lower than the engineer’s cost estimate so the City is adapting once again and moving towards bidding the Community Center windows, also within this Fiscal Year.

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Interactive Resources Inc (IR), the architect, was responsive to these changes providing bid documents within the time requested by City Staff. IR initially believed the effort could be completed within the original budget amount but underestimated the effort needed to prepare the bid documents. This was primarily due to the switch in design from the Community Center only to City Hall only, which proved to also be more complicated due to the historic nature of the building and aesthetic requirements. Additionally, City Staff made a late request to add a customer service window for the Administrative Services Department to the project during bidding. As a result of these issues, a few weeks ago IR gave City Staff notice they had gone over budget. Staff goes to great lengths to avoid this and asks for consultants to provide advanced notice of projected overages so proper City authorization can be obtained. However, staff reviewed the additional work and believe it fulfilled the direction of the City.

Staff recommends approving payment of the additional work because IR provided exemplary service which the City is now benefiting from, this is an isolated incident, and the City will likely require IR’s services in the future.

Looking forward, City staff has requested and IR has provided a proposal for completing the Bid documents for the Community Center window replacements. The City is currently in discussion with potential tenants, so moving forward with the window replacements now will lead to a less complicated installation by avoiding any tenancy overlaps with the construction. City Staff has reviewed IR’s proposal and finds it to be fair and reasonable and recommends it for approval.

On May 25, 2021, City Council adopted Resolution 2021-21, approving a professional services contract with IR for an amount of $50,240, for preparing the investigative analysis, preparing the analysis report, and preparing bid documents for the Community Center window replacements.

Staff has requested and IR has provided a proposal and Staff finds it to be fair and reasonable.

Also on May 25, 2021, the same aforementioned resolution to the Professional Services Contract with Moe Engineering to add $20,868 for providing Project Management and Construction Management services from design through construction for the Community Center window project which, as previously mentioned, was switched by the City to be the City Hall Window replacement. Additional services are needed to conduct multiple projects and due to the extended timeline. Therefore, City Staff requested and Moe Engineering provided a proposal to provide Construction Management and Inspection services for the Community Center window replacement and for additional services for the City Hall window replacement due to the addition of hazardous materials testing, coordination of additional scope, and an extended duration for the design. Staff has reviewed the proposal and finds it to be fair and reasonable and recommends it for approval.

Financial Considerations
The City’s adopted Fiscal Year 22/23 Budget includes $1,038,000 for the Civic Center Windows and Exterior Repairs Project which includes the City Hall Window Replacement Project as well as replacing the windows and painting the Community Center. On July 26, 2022, City Council awarded the construction contract totaling $208,071, and the Construction Management agreement for the City Hall window replacement for an amount of $20,868. Providing

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contingency for unexpected site conditions, additional City requested work, hazardous materials mitigation, and the Architectural assistance during construction agreement, the total Project authorized budget was approved for an amount of $350,000. This leaves $688,000 in the Civic Center Windows and Exterior Repairs Project for the remaining work which includes the Community Center window replacements, painting, and other needed building repairs.

The IR proposal includes an amount of $39,971 to go against the City Hall authorized budget of $350,000, plus the $6,303 of the Moe Engineering Amendment 3 fee leaves $74,787, for construction contingency (accounting for construction and CM by Moe Engineering).

The IR proposal specifies a fee of $15,234, for preparing the Community Center bid documents and the Moe Engineering’s Amendment 3 fee identifies of $21,500, for conducting Construction Management for the Community Center window replacements. The Community Center total budget of $688,000 minus $15,234 and $21,500, leaves $651,266 for construction. The Window Replacement Investigation Analysis Report includes a construction cost estimate of $422,214, for the Community Center which leaves just under $230,000 for potential higher bids, construction contingency, and painting.

No appropriations are being requested, as sufficient funds are currently budgeted.

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

Attachments:

Interactive Resources - Add Service for Cotati City Hall Windows Project (PDF) Interactive Resources - Add Service Community Center Windows (PDF) Moe Engineering - Cotati City Hall & Community Center Window Replacement Proposal - Additional Services (PDF)

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◼ ◼ ◼ ◼
117 Park Place
Richmond, CA 94801
510.236.7435 t
510.232.5325 f
i n t r es . co m
◼ ◼ ◼ ◼
Primary Contact/
Lead Architect/
Project Manager:

Edward Anisman, AIA,

LEED AP
510.236.7435, 152
[email protected]
◼ ◼ ◼ ◼
Principal-in-Charge:

Andrew Butt, AIA, LEED
AP BD+C
510.236.7435, 120
[email protected]
◼ ◼ ◼ ◼
August 3, 2022
Craig A. Scott
Public Works Director/City Engineer
City of Cotati, Public Works Department
201 West Sierra Ave.

Cotati, CA 94931
Subject: City Hall Window Replacement Project
Add Service Request #1
Dear Mr. Scott:

This document provides our proposal for moving forward on the City Hall Windows Replacement Project. A summary of the fee proposal is as follow:

Phase Description Proposed Fee

1. Construction Documents (CD) Phase proposed fee for
work previously completed (see Document 3).
$17,315

2. Bid Phase proposed fee for work previously completed (see Document 3).
$3,472

3. Construction Administration (CA) Phase proposed fee $19,184 Total Proposed Add Service $39,971
Document 2 contains the spread sheet for this add service. It also includes reimbursable amount for site visits.

The original project fee was $39,216. Acceptance of this Add Service for $39,971 would increase the total project fee to $79,187.

Please note the following:

1. Original Scope Fee Spreadsheet: Document 1 is the originally accepted spreadsheet and the basis of our current fee. The original scope for City Hall Window project included the investigative phase – and associated assessment/recommendations report but did not include Contract Documents, which were subsequently produced and issued as Bid Documents.

2. Construction Documents (CD) and Bid Phases: As noted above, the fee proposed for CD and Bid Phases includes time spent beyond the original Scope of Work to produce completed Contract Documents and to assist in the Bid Phase. Line items for these items are included in Document 2 with detailed back-up provided in Document 3.

3. Construction Administrations Phase: A spreadsheet of the proposed hours to provide Construction Administration support is included in Document 2.

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Window replacements) Craig Scott
City of Cotati
Page Two
Please contact me if there are any questions or comments.

A separate proposal will be prepared for completing Bid documents for the Community Center Window Replacement Project and provided Bid and Construction Phase services as well.

Sincerely,
Edward Anisman, AIA, LEED AP
Lead Architect / Project Manager
Attachments:
1 – Cotati window – Original Fee
2 – Cotati Windows – Add Service 001
3 – Cotati Windows – CD-Bid Back-Up Data
cc: David Silzle, Moe Engineering

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Window replacements) 2 - COTATI WINDOWS - UPDATED FEE WORKSHEET 220802
Ineractive Resources TKB AMB EJA MTT CZ Arch SubTotal
Hourly Rates 239 217 206 172 133
PROJECT 1 - COMMUNITY CENTER - WINDOW REPLACEMENT (CD PHASE) 0 Project Management 4 4
1 Site Visits 4 4
2 Product Research 4 4
3 Plans 8 15
4 Details 4 16 25
5 Specifications 4 20 2 26
7 Technical Support 2 2
NOTE: CA Not Included 0
hours - subtotal 8 4 52 40 4 108
fee - subtotal 1,912 868 10,712 6,880 532 20,904
PROJECT 2 - CITY HALL - SOUTH WINDOW REPLACEMENT (CD PHASE) 0 Project Management 8 8
1 Site Visits 4 12 16
2 Analysis & Recommendations 8 24 8 40
3 Summary Report 8 12 2
4 Technical Support 2 2
NOTE: Investigation Only - CD & CA Not Included 0
hours - subtotal 20 8 48 8 4 88
fee - subtotal 4,780 1,736 9,888 1,376 532 18,312

PROJECT TOTAL
PROJECTs 1 & 2 - TOTAL 6,692 2,604 20,600 8,256 1,064 39,216

BID & CA PHASES
Ineractive Resources TKB EJA MTT MO PW Arch SubTotal
Hourly Rates 239 217 206 172 133

BID PHASE
1 Bid Walk 4
2 Addenda Prepration 4
3 Bid Analysis 4 4

CA PHASE
0 Project Management 4 8
1 kick off meeting (1@4) 4
2 submittal review 24
3 construction RFIs 12
4 Progress Mtgs/conf call (4@2) 8
5 Site Visits & Reports (2 @8) 16
6 Final - Punchlist (1@8) 8
7 Closeout 4
hours - subtotal 0 96 0 0 0 96
BID/CA FEE - subtotal 0 0 0 0 0 0

TOTAL FEE
REIMBURSABLES Unit Unit Unit Cost Quantity Subtotal
1 - COTATI WINDOWS - ORIGINAL FEE

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Window replacements) 2 - COTATI WINDOWS - UPDATED FEE WORKSHEET 220802
Ineractive Resources TKB AMB EJA MTT CZ Arch SubTotal
Hourly Rates 239 217 206 172 133
Mileage - Arch miles miles 504 200
Contractor Allowance (Destructive Testing) each each 3,5002 7,000 Water Testing Allowance each each 2,5001 2,500
New Window Purchase Allowance each each 1,0001 1,000
Bridge each each64 24
Reproduction LS LS 3001 300
11,024

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Window replacements)

ADD SERVICE - CD, BID & CA PHASES
Ineractive Resources TKB EJA MTT MO Arch SubTotal PW Comments Hourly Rates 239 217 206 172 133
ORIGINAL FEE 39,216 TOTAL CONTRACT TO DATE
CDs 17,315 ADD SERVICE CD PHASE: Completed work
beyond original scope of work (assessment
with schematic drawings) including
completion of Bid Set and 1@ site visit - See
attached CD-BID LOG
BID ADD SERVICE BID PHASE: Completed
participation in Bid Phase, including Bid Walk
and review.analysis of bids.
1 Bid Walk 4
2 Addenda Prepration 4
3 Bid Analysis 4 4
4 868 Service Window Addendum
16 3,472 ADD SERVICE - BID PHASE

ADD SERVICE SUBTOTAL 39,971
TOTAL FEE 79,187
REIMBURSABLES Unit UnitUnit CostQuantity Subtotal
Mileage - Arch (est) miles miles 60 8 480 Site Visit: 91 miles RT @ $0.625. includes 2 completed trips (1 @ CD, 1@ Bid) and 6@ CA
trips
Bridge each each 7 8 56
536
2 - COTATI WINDOWS - ADD SERVICE

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Window replacements) 2020-028-02 City of Cotati Window CDs
Status Activity Date Phase ID & Description Units/Hrs Spent Amount Employee Billable Project Labor 9/7/2021 City Hall - Investigation 5.80 1,194.80 Ed Anisman Billable Project Labor 9/8/2021 City Hall - Investigation 9.50 1,957.00 Ed Anisman Billable Project Labor 9/8/2021 City Hall - Investigation 1.00 133.00 Makyah Outman Billable Project Labor 9/9/2021 City Hall - Investigation 0.20 41.20 Ed Anisman Billable Project Labor 9/9/2021 City Hall - Investigation 3.00 516.00 Mike Tran Billable Project Labor 9/9/2021 City Hall - Investigation 2.00 266.00 Makyah Outman Billable Project Labor 9/10/2021 City Hall - Investigation 1.10 226.60 Ed Anisman Billable Project Labor 9/12/2021 City Hall - Investigation 2.10 432.60 Ed Anisman Billable Project Labor 9/13/2021 City Hall - Investigation 1.00 206.00 Ed Anisman Billable Project Labor 9/13/2021 Community Center -
Investigation & CD

1.00 172.00 Mike Tran
Billable Project Labor 9/13/2021 Community Center -
Investigation & CD

4.00 532.00 Makyah Outman
Billable Project Labor 9/14/2021 City Hall - Investigation 2.50 515.00 Ed Anisman Billable Project Labor 9/14/2021 Community Center -
Investigation & CD

2.00 266.00 Makyah Outman
Billable Project Labor 9/15/2021 City Hall - Investigation 0.20 41.20 Ed Anisman Billable Project Labor 9/15/2021 Community Center -
Investigation & CD

5.00 665.00 Makyah Outman
Billable Project Labor 9/17/2021 City Hall - Investigation 1.00 206.00 Ed Anisman Billable Project Labor 9/19/2021 City Hall - Investigation 0.20 41.20 Ed Anisman Billable Project Labor 9/20/2021 City Hall - Investigation 2.60 535.60 Ed Anisman Billable Project Labor 9/21/2021 City Hall - Investigation 5.80 1,194.80 Ed Anisman 3 - COTATI WINDOWS - CD BID DATA

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Billable Project Labor 9/22/2021 City Hall - Investigation 1.20 247.20 Ed Anisman Billable Project Labor 9/22/2021 Community Center -
Investigation & CD

4.50 598.50 Makyah Outman
Billable Project Labor 9/24/2021 City Hall - Investigation 0.40 82.40 Ed Anisman Billable Project Labor 9/29/2021 City Hall - Investigation 0.50 103.00 Ed Anisman Billable Project Labor 10/4/2021 City Hall - Investigation 1.50 292.50 William Marquand Billable Project Labor 10/5/2021 City Hall - Investigation 0.75 146.25 William Marquand Billable Project Labor 10/21/2021 City Hall - Investigation 0.30 61.80 Ed Anisman Billable Project Labor 11/1/2021 Community Center -
Investigation & CD

0.20 41.20 Ed Anisman
Billable Project Labor 12/1/2021 Community Center -
Investigation & CD

0.10 20.60 Ed Anisman
Billable Project Labor 3/14/2022 Community Center -
Investigation & CD
CDs 0.20 41.20 Ed Anisman
Billable Project Labor 3/23/2022 Community Center -
Investigation & CD
CDs 0.50 103.00 Ed Anisman
Billable Project Labor 3/30/2022 City Hall - Investigation CDs 0.75 146.25 William Marquand Billable Project Labor 3/31/2022 City Hall - Investigation CDs 2.00 390.00 William Marquand Billable Project Labor 3/31/2022 Community Center -
Investigation & CD
CDs 3.90 803.40 Ed Anisman
Billable Project Labor 4/4/2022 City Hall - Investigation CDs 1.50 292.50 William Marquand Billable Project Labor 4/5/2022 City Hall - Investigation CDs 1.75 341.25 William Marquand Billable Project Labor 4/7/2022 City Hall - Investigation CDs 1.00 195.00 William Marquand Billable Project Labor 4/8/2022 City Hall - Investigation CDs 0.75 146.25 William Marquand Billable Project Labor 4/8/2022 Community Center -
Investigation & CD
CDs 0.50 103.00 Ed Anisman
Billable Project Labor 4/11/2022 Community Center -
Investigation & CD
CDs 0.20 41.20 Ed Anisman
Billable Project Labor 4/12/2022 City Hall - Investigation CDs 3.50 682.50 William Marquand Billable Project Labor 4/12/2022 Community Center -
Investigation & CD
CDs 0.70 144.20 Ed Anisman
Billable Project Labor 4/13/2022 City Hall - Investigation CDs 0.50 97.50 William Marquand

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Billable Project Labor 4/14/2022 Community Center -
Investigation & CD
CDs 1.30 267.80 Ed Anisman
Billable Project Labor 4/17/2022 Community Center -
Investigation & CD
CDs 1.30 267.80 Ed Anisman
Billable Project Labor 4/18/2022 City Hall - Investigation CDs 3.00 585.00 William Marquand Billable Project Labor 4/18/2022 Community Center -
Investigation & CD
CDs 0.70 144.20 Ed Anisman
Billable Project Labor 4/19/2022 City Hall - Investigation CDs 2.00 390.00 William Marquand Billable Project Labor 4/21/2022 City Hall - Investigation CDs 4.00 780.00 William Marquand Billable Project Labor 4/21/2022 Community Center -
Investigation & CD
CDs 2.50 515.00 Ed Anisman
Billable Project Labor 4/22/2022 City Hall - Investigation CDs 5.50 1,072.50 William Marquand Billable Project Labor 4/22/2022 Community Center -
Investigation & CD
CDs 1.50 309.00 Ed Anisman
Billable Project Labor 4/25/2022 City Hall - Investigation CDs 2.75 536.25 William Marquand Billable Project Labor 4/25/2022 Community Center -
Investigation & CD
CDs 0.20 41.20 Ed Anisman
Billable Project Labor 4/26/2022 City Hall - Investigation CDs 4.75 926.25 William Marquand Billable Project Labor 4/26/2022 Community Center -
Investigation & CD
CDs 0.40 82.40 Ed Anisman
Billable Project Labor 4/27/2022 City Hall - Investigation CDs 2.00 390.00 William Marquand Billable Project Labor 4/27/2022 Community Center -
Investigation & CD
CDs 1.00 172.00 Mike Tran
Billable Project Labor 4/27/2022 Community Center -
Investigation & CD
CDs 1.10 226.60 Ed Anisman
Billable Project Labor 4/28/2022 City Hall - Investigation CDs 1.75 341.25 William Marquand Billable Project Labor 4/29/2022 City Hall - Investigation CDs 1.75 341.25 William Marquand Billable Project Labor 4/29/2022 Community Center -
Investigation & CD
CDs 3.60 741.60 Ed Anisman
Billable Project Labor 4/30/2022 Community Center -
Investigation & CD
CDs 0.20 41.20 Ed Anisman

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Billable Project Labor 5/1/2022 Community Center -
Investigation & CD
CDs 1.40 288.40 Ed Anisman
Billable Project Labor 5/2/2022 City Hall - Investigation CDs 1.75 341.25 William Marquand Billable Project Labor 5/2/2022 Community Center -
Investigation & CD
CDs 2.10 432.60 Ed Anisman
Billable Project Labor 5/3/2022 City Hall - Investigation CDs 2.75 536.25 William Marquand Billable Project Labor 5/3/2022 Community Center -
Investigation & CD
CDs 4.10 844.60 Ed Anisman
Billable Project Labor 5/4/2022 Community Center -
Investigation & CD
CDs 2.10 432.60 Ed Anisman
Billable Project Labor 5/5/2022 Community Center -
Investigation & CD
CDs 0.40 82.40 Ed Anisman
Defer Project Labor 5/11/2022 Community Center -
Investigation & CD
CDs 2.20 453.20 Ed Anisman
Defer Project Labor 5/12/2022 Community Center -
Investigation & CD
CDs 1.10 226.60 Ed Anisman
Defer Project Labor 5/13/2022 Community Center -
Investigation & CD
CDs 0.10 20.60 Ed Anisman
Defer Project Labor 5/16/2022 Community Center -
Investigation & CD
CDs 0.20 41.20 Ed Anisman
Defer Project Labor 5/17/2022 Community Center -
Investigation & CD
CDs 0.70 144.20 Ed Anisman
Defer Project Labor 5/18/2022 City Hall - Investigation CDs 2.00 390.00 William Marquand Defer Project Labor 5/18/2022 Community Center -
Investigation & CD
CDs 2.30 473.80 Ed Anisman
Defer Project Labor 5/19/2022 City Hall - Investigation CDs 0.75 146.25 William Marquand Defer Project Labor 5/19/2022 Community Center -
Investigation & CD
CDs 1.50 309.00 Ed Anisman
Defer Project Labor 5/25/2022 City Hall - Investigation CDs 0.50 103.00 Paul Westermann Defer Project Labor 5/25/2022 Community Center -
Investigation & CD
CDs 0.20 41.20 Ed Anisman
Defer Project Labor 5/26/2022 City Hall - Investigation CDs 0.50 103.00 Paul Westermann

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Defer Project Labor 5/27/2022 City Hall - Investigation CDs 1.00 206.00 Paul Westermann Defer Project Labor 6/2/2022 Community Center -
Investigation & CD
EXTRA 0.60 123.60 Ed Anisman
Defer Project Labor 6/5/2022 Community Center -
Investigation & CD
EXTRA 3.00 618.00 Ed Anisman
28,791.75
City Hall 28,791.75
Comm
Center
28,791.75
Total 28,791.75
Ed 28,791.75 149.75
10,735.45
17,314.70
741.60
18,056.30
18,000.00

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex Notes Is WIP
sent mark-up to MO and discussed. worked on report
including first parts.discused cost estimate with saarman (email corr)
TRUE
report mostly on alanysis recommendations and photos;
discused cost est with saarmon and gave go ahead for 1500 TRUE
Redline correction TRUE
coord with saarman on cost estimate - go ahead for 1500 est
TRUE
review drafting details and design for Ed's approval TRUE Redline correction TRUE
generl coord and input from bo on window pricing TRUE
milgard pricing review, report TRUE
review call with mo TRUE
review drafting details and design for Ed's approval TRUE Redlines and Details TRUE
report products pabe TRUE
calling Bo and finding dwg files of window details TRUE commuminty center coord of weindwo details with MO TRUE Redlines and Details TRUE
discussed cost estimate from saarman disucssed with
robinette, sent it todavid and confirmed with a call
TRUE
prep to work on report TRUE
report - cost estimate analysis TRUE
complete the report and submit it TRUE

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex site measurement of interior and exterior plus observation of condition of main entry windows
TRUE
Site visit and printing out sheets TRUE
download photos TRUE
coord with Bill M - sent docs and discussed scope TRUE
Review of scope of work and report findings TRUE
Review report; misc. IR window details TRUE
coord with david - status and billing review TRUE
status check with davied TRUE
que on musuem UV protection received from city TRUE
general coord TRUE
billing - proposal and added scope TRUE
Review project TRUE
Review project with EA TRUE
review window docs and discuss with bill TRUE
Review drawings; estimate time remaining TRUE
Review drawings for completion; coord w/ MT & EA TRUE
Coord w/ proj team RE: completion TRUE
Project team coord. TRUE
coord with bill TRUE
coordination on moving forward TRUE
Review MT input, Mtg w/ ED, markup current det. sheet TRUE cord meeting with bill TRUE
Review of emails, drawings TRUE

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex ques for charlie TRUE
scope (details) and fee TRUE
discuss w/ EA, review revisions, organize set TRUE
coordination meeting with bill TRUE
Mtg w EA, redlines, TRUE
Mtgs RE:Dets, work on non-detail sheets TRUE
jamb/head sketches (complete) and tcon with bill TRUE
Interior elevs, main window sill detail, graphic
communication
TRUE
sill sketches (complete) and tcon with bill TRUE
Detaling TRUE
review bill email TRUE
WIndow details TRUE
tcon crain on status TRUE
Window Details TRUE
team meeting and details TRUE
coord with bill TRUE
Coord. w/EA - print set TRUE
Review EA comments, 3D view for EA/City, emailing EA TRUE review drawings TRUE
review docs TRUE

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex drawing review TRUE
Main Det's, Mtg w/ EA, MT TRUE
drawing review - tcon david on status 1 & 2 TRUE
Finishing touches per EA; printing set TRUE
specs mostly; call to david TRUE
send updated set and div 00 to scot and david TRUE
spec downloads TRUE
cotati specs TRUE
coord on final package changes (clean up note to deleted sheet, send word doc of preamble)
TRUE
coord on docs - rescheduled bid notice to 20 mai TRUE
met with craig sctoo on window project TRUE
window package TRUE
Revise submitted dwgs per EA markup TRUE
dwg comments completed and sent to bill and mike TRUE
Print to EA TRUE
specs complete ;package issued to city TRUE
setup excel file to determine wind loads for windows at City Hall facility
TRUE
wind pressure TRUE
continue wind load analysis; email Ed with question on
building dimensions and roof elevation
TRUE

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex finalize wind loads for openings; email to Ed TRUE
response on status to craig re door alteration TRUE
add-001 including skehch of door fill in - request review of values ffrom milgard and paul
TRUE

ADD ADDITIONAL HOURS FOR BID PHASE
G03-30 INVEST PHASE
G31-84 CD PHASE
G85-86 SERVICE WINDOW
CD/Service Window

BID/CA PHASE

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Attachment: Interactive Resources - Add Service for Cotati City Hall Windows Project (City Complex ◼ ◼ ◼ ◼
117 Park Place
Richmond, CA 94801
510.236.7435 t
510.232.5325 f
i n t r es . co m
◼ ◼ ◼ ◼
Primary Contact/
Lead Architect/
Project Manager:

Edward Anisman, AIA,

LEED AP
510.236.7435, 152
[email protected]
◼ ◼ ◼ ◼
Principal-in-Charge:

Andrew Butt, AIA, LEED
AP BD+C
510.236.7435, 120
[email protected]
◼ ◼ ◼ ◼
August 7, 2022
Craig A. Scott
Public Works Director/City Engineer
City of Cotati, Public Works Department
201 West Sierra Ave.

Cotati, CA 94931
Subject: Community Center Window Replacement Project
Add Service Request #02
Dear Mr. Scott:

This document provides our fee proposal of $15,234 for moving forward on the Community Center Window Replacement Project. The Scope of Work includes:

1. Completion of Contract Documents as Required to Bid

2. Bid Phase Services

3. Construction Administration Phase Services
A project summary is as follows:

Phase Description Proposed Fee

1. Community Center Windows – Add Service #02 $15,234

2. Original Fee $39,216

3. Pending Add Service #01 (City Hall Windows) $39,971
TOTAL PROPOSED FEE (inc. Add Services #01 and #02) $94,421 A detailed breakdown of the tasks included in the scope of work for Add Service No#02 can be found in the attached spreadsheet.

Please contact me if there are any questions or comments.

A separate proposal will be prepared for completing Bid documents for the Community Center Window Replacement Project and provided Bid and Construction Phase services as well.

Sincerely,
Edward Anisman, AIA, LEED AP
Lead Architect / Project Manager
Attachment: Community Center Window Replacement Project – Add Service #02 cc: David Silzle, Moe Engineering

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Attachment: Interactive Resources - Add Service Community Center Windows (City Complex Window replacements) ADD SERVICE #02 - Community Center Window Project - CD, BID & CA PHASES Ineractive Resources TKB EJA MTT MO PW Arch SubTotal Comments Hourly Rates 239 217 206 172 133
CD PHASE package Complete Contract Document package
1 review existing set 4
2 additional details 4 8
3 peer review 4
4 Specifiations 4
5 Coordination with city for
final set
8 hours - subtotal 4 20 8 0 0 32
CD FEE - subtotal 956.0 4,340 1,648 0 0 6,944
BID Bid Walk and review.analysis of bids.
1 Bid Walk 4
2 Addenda Prepration 4
3 Bid Analysis 4
hours - subtotal 0 12 0 0 0 12
BID FEE - subtotal 0 2,604 0 0 0 2,604 ADD SERVICE CA PHASE:

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Attachment: Interactive Resources - Add Service Community Center Windows (City Complex Window

CA PHASE
0 Project Management 2 8
1 kick off meeting (1@4) 4
2 submittal review 12
3 construction RFIs 8
4 Progress Mtgs/conf call (2@2) 4
5 Site Visits & Reports (1 @8) 8
6 Final - Punchlist (1@8) 8
7 Closeout 4
hours - subtotal 2 56 0 0 0 58
CA FEE 478 12,152 0 0 0 12,630 ADD SERVICE CA PHASE:

ADD SERVICE #02 SUBTOTAL 15,234
Original Fee 39,216
Pending Add Service #01 39,971
TOTAL PROPOSED FEE (Add Services 1 and 2) 94,421
Community Center Reimbursables Unit Unit Unit Cost Quantity Subtotal 1 Mileage - Arch (est) miles miles 60 8 480 Site Visit: 91 miles RT @ $0.625. includes 2 completed trips (1 @ CD, 1@ Bid) and 6@ CA
trips
2 Bridge each each 7 8 56
536

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Attachment: Interactive Resources - Add Service Community Center Windows (City Complex Window

2950 Montecito Avenue
Santa Rosa, CA 95404
(707) 544 - 6274 FAX (707) 544 - 9086
August 16, 2022
City of Cotati
Attn: Craig Scott, City Engineer
2010 West Sierra Avenue
Cotati, CA 94931
Subject: Amendment #3: Proposal for Project Management Services, City Hall Window Replacement – Additional Project Management/CM, Community Center Window Replacement – Project Management through Construction, City of Cotati
Dear Craig:

Please accept this proposal to amend our existing Professional Services Agreement (PSA) relating to the Community Center Roof Replacement, City Hall & Community Center Window Replacement, and City Hall/Community Center/Cotati Room Painting projects.

This proposal provides for additional Project Management/Construction Management (CM) of the City Hall Window Replacement project and Project Management and CM of Community Center Window Replacement project separate from the City Hall Window Replacement project. The City Hall Window Replacement project has been awarded and the construction contract is underway. The Community Center Window Replacement project now will have separate Plans, Specifications & Estimate and will be bid and constructed separately.

Scope of Services
City Hall Window Replacement
As noted above, the City Hall Window Replacement project is now under construction. Due to additional services including hazardous materials testing, coordination of additional construction scope (added administrative services door to contract), and duration of Project Management services (approximately one year beyond original schedule) we are requesting additional budget authorization for the completion of Construction Management – Task 4, as estimated below and further described on the attached Estimated Level of Effort.

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Attachment: Moe Engineering - Cotati City Hall & Community Center Window Replacement Proposal - Additional Services (City Complex City Hall Window Replacement Project $6,303.00

4. Construction Management of the City Hall Window Replacement – Additional Services Including Estimated Expenses - Mileage & Reimbursables of $125.00 Community Center Window Replacement
It is understood the City desires to replace the existing windows in the Community Center building, based on Interactive Resources, project architect/structural engineer, findings. This proposal includes managing Interactive Resources window type selection and preparation of bid documents including City of Cotati “boilerplate” specifications and Plans, Specs & Estimate (PS&E) prepared by Interactive Resources. Construction advertising & soliciting bids and managing construction of the project is also included in this scope of services.

At this time, we request additional budget authorization in order to continue with the Community Center Window Replacement project, as estimated below and shown on the attached Estimated Level of Effort.

Proposed Additional Tasks:

Community Center Window Replacement Project $21,500.00

1. Manage Interactive Resources in selection of windows and development of Plans, Specifications & Estimate for the window replacement project.

2. Prepare a standard City bid document for purpose of soliciting bids for the window replacement project.

3. Advertise the project for public bidding and assist City staff during bidding and award of a contract.

4. Construction Management of the Community Center Window Replacement.

Including Estimated Expenses - Mileage & Reimbursables of $250.00 We propose to provide the above additional Project Management Services for a Not-to-Exceed fee of $27,803.00.

The above proposal assumes the below project milestones:
- City executed separate PSA amendments with Moe Engineering and Interactive Resources – August 2022
- Interactive Resources coordinates with City and provides their recommendations regarding new window specifications - September 2022
- City & Moe reviews IR’s recommendations and provides direction – October 2022 - Interactive Resources prepares PS&E for Window Replacement Project – Oct. 2022 - Moe advertises both projects for bid – November 2022
- City awards construction contract – December 2022
- Construction begins on window replacement – January 2023

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Attachment: Moe Engineering - Cotati City Hall & Community Center Window Replacement Proposal - Additional Services (City Complex The following items are specifically excluded from this proposal:
- Professional engineering and design services
- Inspection Services
- Environmental Review & Documentation (CEQA)
Billing is on a monthly basis, or as a specific scope of work is complete. The full amount is due 30 days from the date of the invoice. Accounts are subject to finance charges after that period. This charge is computed at an annual percentage rate of 18% (periodic monthly rate of 1.5%) on the total past due balance.

If you have any questions or would like a clarification of the proposed services, please feel free to call. If this proposal is acceptable, please sign below and return a copy to my office as authorization to proceed with the work as outlined above.

Thank you for the opportunity to provide this proposal for services. I look forward to working with you on this project.

Sincerely,
John L. Moe, PE, PLS
Attachments: Estimated Level of Effort
2022 Fee Schedule
Authorization to Proceed:
________________________________ ____________
Craig Scott, City Engineer Date
City of Cotati

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Attachment: Moe Engineering - Cotati City Hall & Community Center Window Replacement Proposal - Additional Services (City Complex City of Cotati
Date: 8/17/2022
Estimated Level of Effort, Amendment #3
Category Principal Sr. Eng./LS Assoc. Eng./
Inspector Eng. Tech
Rate $ 232.00 $ 203.00 $ 175.00 145.00 $ Amount Total
City Hall Window Replacement Project
Task 4 - Manage construction & quality assurance - additional CM Construction Management, review of submittals Hours
Provide Quality Assurance inspections Hours 4 30
Total 4 0 30
Amount $ - 928.00 $ 5,250.00 $ - $ 6,178.00 $
Mileage & Reimbursables Hours
Amount $ - - $ - $ - $ 125.00 $
Subtotal $ 6,303.00
Community Center Window Replacement Project
Task 1- Manage Interactive Resources during PS&E
Coordinate window type selection Hours 4
Coordinate PS&E preparation Hours 4 10
Total 4 0 14
Amount $ - 928.00 $ 2,450.00 $ - $ 3,378.00 $
Task 2 - Prepare Bid Document
package up PS&E & complete bid document Hours 2 4 10
Total 2 4 10
Amount $ 812.00 464.00 $ 1,750.00 $ - $ 3,026.00 $
Task 3 - Advertise, assist during bidding & award of project Administration during bidding and award Hours 2 2 16
Total 2 2 16 0
Amount $ 406.00 464.00 $ 2,800.00 $ - $ 3,670.00 $
Task 4 - Manage construction & quality assurance (assume 20 working day contract) Construction Management, review of submittals Hours 2 8 Provide Quality Assurance inspections Hours 2 8 40
Total 4 16 40
Amount $ 3,248.00 928.00 $ 7,000.00 $ - $ 11,176.00 $
Mileage & Reimbursables Hours
Amount $ - - $ - $ - $ 250.00 $
Subtotal $ 21,500.00
Total $ 27,803.00
Amendment #3 to Project Management Services for City Hall Window Replacement and Community Center Window Replacement
Labor Cost
Job No. 2018-054
Moe Engineering, Inc.

Estimated Level of Effort - CC Window Replacement.xlsx 8/17/2022

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Attachment: Moe Engineering - Cotati City Hall & Community Center Window Replacement Proposal - Additional Services (City Complex

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

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

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Attachment: Moe Engineering - Cotati City Hall & Community Center Window Replacement Proposal - Additional Services (City Complex RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENTS WITH INTERACTIVE RESOURCES, INC. AND MOE ENGINEERING FOR THE CIVIC

CENTER WINDOW AND EXTERIOR REPAIRS PROJECT
WHEREAS, the City’s Capital Plan includes efforts to upgrade and maintain its buildings and facilities; and
WHEREAS, early this year, the City has completed replacing the roof on the Community Center, has contracted for replacing City Hall windows facing West Sierra Avenue, and is planning to prepare bidding documents for replacing Community Center windows; and WHEREAS, in addition to the construction contracts, professional services contracts are needed to oversee the City Hall Window replacements and to complete the bidding documents and manage the construction of the Community Center window replacement; and WHEREAS, the Civic Center Windows and Exterior Repairs Project is included in the City’s adopted Budget and is also in the City’s Capital plan as the project spans multiple years and many different improvements are needed to complete the work envisioned for this project and not all these improvements can be done in one year due to budget constraints, and, therefore, the work has been divided into several parts with the roof completed first, followed by window replacements, then finally painting; and
WHEREAS, investigation analysis was performed for the two buildings and the analysis showed the south facing City Hall windows are a higher priority than the Community Center windows due to weather damage; and
WHEREAS, the consultants performing the investigation and design services were instructed to switch from the Community Center to bidding the City Hall Windows instead, and bids for this project came in significantly lower than the engineer’s cost estimate, therefore, the City is adapting once again and moving forward with bidding the Community Center windows, also within this Fiscal Year; and
WHEREAS, Interactive Resources Inc (IR), the architect, was responsive to these changes providing bid documents within the time requested by City Staff, and IR initially believed the effort could be completed within the original budget amount but underestimated the effort needed to prepare the bid documents; and
WHEREAS, additionally, City Staff made a late request to add a service window for the Administrative Services Department to the project, and the service window’s design was completed and issued within the 3-week bidding period, and, as a result, a few weeks ago IR gave City Staff notice they had gone over budget; and
WHEREAS, Staff goes to great lengths to avoid exceeding budget authority, and asks for consultants to provide advanced notice of projected overages so proper City authorization can be obtained, and the attached explanation of this circumstance was provided upon request by Staff; and
WHEREAS, Staff recommends approving payment of the additional and unauthorized Packet Pg. 68
amount because IR provided exemplary service which the City is now benefiting from, this is an isolated incident, and the City will likely require IR’s services in the future; and WHEREAS, City staff has requested and IR has provided a proposal for completing the Bid documents for the Community Center window replacements, and, City Staff has reviewed IR’s proposal and finds it to be fair and reasonable and recommends it for approval; and WHEREAS, there is some urgency to this project as a tenant has been selected, a day care provider, to use many of the Community Center rooms and these improvements would provide a safe and clean building for that tenancy; and WHEREAS, on May 25, 2021, City Council adopted Resolution 2021-21, approving a professional services contract with IR for an amount of $50,240, for preparing the investigative analysis, preparing the analysis report, and preparing bid documents for the Community Center window replacements, and Staff has requested and IR has provided a proposal and Staff finds it to be fair and reasonable; and
WHEREAS, also on May 25, 2021, the same aforementioned resolution included approval of an amendment to a Professional Services Agreement with Moe Engineering to add $20,868 for providing Project Management and Construction Management services from design through construction for the Community Center window project which, as previously mentioned, was switched by the City to be the City Hall Window replacement; and WHEREAS, additional services are needed to conduct multiple projects and due to the extended timeline, and, therefore, City Staff requested and Moe Engineering provided a proposal to provide Construction Management and Inspection services for the Community Center window replacement, and Staff has reviewed the proposal and finds it to be fair and reasonable and recommends it for approval; and
WHEREAS, the City’s adopted Fiscal Year 22/23 Budget includes $1,038,000 for the Civic Center Windows and Exterior Repairs Project which includes the City Hall Window Replacement Project as well as replacing the windows and painting the Community Center; and WHEREAS, on July 26, 2022, City Council awarded the construction contract totaling $208,071, and the Construction Management agreement for the City Hall window replacement for an amount of $20,868, and
WHEREAS, accounting for contingency for unexpected site conditions, additional City requested work, hazardous materials mitigation, and the Architectural assistance during construction agreement, the total Project authorized budget was approved for an amount of $350,000; and
WHEREAS, subtracting $350,000 from the total project budget of $1,038,000, leaves $688,000 in the Civic Center Windows and Exterior Repairs Project for the remaining work which includes the Community Center window replacements, painting, and other needed building repairs; and
WHEREAS, the IR proposal includes an amount of $39,971 to go against the City Hall authorized budget of $350,000, plus the $6,303 of the Moe Engineering Amendment 3 fee leaves Packet Pg. 69
$74,787, for construction contingency (accounting for construction and CM by Moe Engineering); and
WHEREAS, the IR proposal specifies a fee of $15,234, for preparing the Community Center bid documents and the Moe Engineering’s Amendment 3 fee identifies of $21,500, for conducting Construction Management for the Community Center window replacements and, therefore, the Community Center total budget of $688,000 minus $15,234 and $21,500, leaves $651,266 for construction; and
WHEREAS, the Window Replacement Investigation Analysis Report includes a construction cost estimate of $422,214, for the Community Center which leaves just under $230,000 for potential higher bids, construction contingency, and painting; and WHEREAS, this Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Civic Center Window Replacement and Exterior Repairs Project is a minor alteration of an existing structure, therefore, no further environmental review is required.

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

1. An amendment to the Interactive resources, Inc. Professional Services Agreement is approved for additional amounts of $39,971, for the City Hall Window Replacement, and $15,234, for the Community Window Replacement for a revised total agreement amount of $105,445, and

2. An amendment to the Moe Engineering Professional Services Agreement is approved for the Project Management for Civic Center Roof Replacement and Structural Evaluation/Improvements and Civic Center Window and Exterior Repairs Project for the additional amount of $27,803 for a revised total agreement amount of $112,389.50, and

3. The City Manager is authorized to execute the heretofore mentioned amendments to the respective professional services agreements.

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 23rd, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Adoption of a resolution to continue conducting Council, Commission, and Committee meetings remotely due to health and safety concerns for the public Date: August 23, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council of the City of Cotati adopt a resolution authorizing virtual city council, commission and committee meetings during a declared state of emergency pursuant to government code 54953 (AB 361)
Background
When the COVID-19 pandemic started, local agencies struggled to conduct their public meetings in compliance with the Brown Act’s public accessibility requirements while still abiding by stayat-home orders. As a result, Governor Newsom signed Orders N-25-20, N-29-20, and N-35-20 to grant local agencies the flexibility to meet remotely during the COVID-19 pandemic. These orders expired on September 30, 2021.

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

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

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

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

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

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

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

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

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

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

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

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

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

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

AUTHORIZING VIRTUAL CITY COUNCIL MEETINGS DURING A DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE 54953 (AB 361) WHEREAS, the City Council of the City of Cotati is committed to ensuring public access to observe and participate in local government meetings; and WHEREAS, all meetings of the City Council and its other legislative bodies created pursuant to Government Code section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, the Governor signed Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings by teleconference or by other means; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21 which ended the provisions of Executive Order N-29-20 on September 30, 2021; and WHEREAS, on September 16, 2021, the Governor signed AB 361 (2021) into law allowing legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including the requirement that the legislative body make specified findings. AB 361 (2021) took effect on October 1, 2021; and WHEREAS, AB 361 requires that, if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, the legislative body shall make findings that it reconsidered the circumstances of the state of emergency and that either the state of emergency continues to directly impact the ability of the members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020, related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, State and local health officials have imposed and recommended social distancing measures for the protection of public health and safety in response to COVID-19; and
WHEREAS, the Sonoma County Public Health Officer continues to recommend teleconferencing or social distancing during public meetings of all legislative bodies to protect the community’s health against the spread of COVID-19; and Packet Pg. 74
WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including its variants; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees, and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

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

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

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

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

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

Section 4. Effective Date. This Resolution shall take effect immediately and shall be in effect for a period of 30 days from the date of adoption. The City Council may reconsider the circumstances necessitating this resolution within 30 days of the adoption of this resolution.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 23rd, 2022, by the following vote, to wit:

Approved:________________________________
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Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: ADOPT A RESOLUTION OF INTENTION AND HOLD THE FIRST

READING OF AN ORDINANCE TO AMEND THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM CONTRACT WITH THE CITY OF
COTATI
Date: August 23, 2022
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council (1) Adopt a Resolution of Intention approving an amendment to the contract with the California Public Employees’ Retirement System (CalPERS) (2) Approve the Certification of Compliance with Government Code Section 7507, and (3) Hold the first reading of an ordinance amending the CalPERS contract with the City of Cotati to remove the exclusion language for persons compensated on an hourly basis.

Background
The City is required to administer the retirement plan in accordance with the Public Employees’ Retirement Law (PERL). The contract provision excluding “persons compensated on an hourly basis” does not reflect the City’s current practice, predated current laws, and is inconsistent with PERL, and has resulted in confusion over previous years. Therefore, CalPERS has recommended that the City amend its contract to remove this contract provision. The recommendation to remove the exclusion language is intended as clean up and to simplify administration of the retirement plan by removing language that is obsolete.

Analysis/Discussion
The City of Cotati has contracted with CalPERS since January 1, 1969. The City administers the retirement plan for all employees appointed to regular status positions. The current contract contains a provision excluding from CalPERS membership “persons compensated on an hourly basis.” The provision was originally included in the contract to exclude those extra help

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employees working in a temporary or seasonal capacity, therefore not eligible for the City’s benefit programs.

The City is required to administer the retirement plan in accordance with the PERL. Government Code section 20305 outlines the administration of the plan as it applies to Part Time employees and identifies conditions requiring immediate enrollment and those excluded. Section 20305(b) states that this section “shall supersede any contract provision excluding persons in any temporary or seasonal employment basis and shall apply only to persons entering employment on and after January 1, 1975. Section 20305b also states that “no contract or contract amendment entered into after January 1, 1981, shall contain any provision excluding person on an irregular employment basis.”
The City’s current practice regarding hourly employees complies with Government Code section 20305 and the City ensures employees hired on a part time basis are enrolled in CalPERS membership when they meet eligibility requirements. CalPERS performed an audit of the application of the provision and has recommended that the City amend the contract to remove the contract provision excluding “persons compensated on an hourly basis” from membership.

Government Code section 20503 permits an agency contracting with CalPERS to amend its contract to remove exclusions prospectively.

Financial Considerations
As outlined in the Exhibit Amendment to Contract, Item 6, removal of the exclusion does not mandate any new classes of employees into membership. Therefore, approval of the recommendation to approve the amendment to the contract and remove the exclusion is not anticipated to have any fiscal impact.

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.

Attachments:

Certification of Governing Body's Action (PDF)

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Certification of PA Compliance with 7507 (PDF)

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California Public Employees’ Retirement System
Financial Office | Pension Contracts and Prefunding Programs Division P.O. Box 942703, Sacramento, CA 94229-2703
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov Certification of Governing Body’s Action
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the ____________________________________________________________________ of the (governing body)
_________________________________________________________________________ (public agency)
on ________________________.
(date)
_______________________________________
Clerk/Secretary
_______________________________________
Title
PERS-CON12 (rev. 1/22/19)

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Attachment: Certification of Governing Body's Action (CalPERS Contract Amendment) California Public Employees’ Retirement System
Financial Office | Pension Contracts and Prefunding Programs Division P.O. Box 942703, Sacramento, CA 94229-2703
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov PERS-CON-12A (rev. 12/11/18)
Certification of Compliance with
Government Code Section 7507
I hereby certify that in accordance with Government Code section 7507, the future annual costs as determined by the California Public Employees’ Retirement System for the increase or change in retirement benefit(s) have been made public at a public meeting of the _______________________________ of the _________________________________________ (governing body) (public agency)
on ________________ which is at least two weeks prior to the adoption of the Resolution / (date)
Ordinance. Adoption of the retirement benefit increase or change will not be placed on the consent calendar.
___________________________________
Clerk/Secretary
___________________________________
Title
Date ___________________

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Attachment: Certification of PA Compliance with 7507 (CalPERS Contract Amendment) ORDINANCE NO.

INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COTATI AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE

CITY COUNCIL OF THE CITY OF COTATI AND THE BOARD OF
ADMINISTRATION OF THE CALIFORANIA PUBLIC EMPLOYEES’ RETIREMENT

SYSTEM TO REMOVE THE CONTRACT PROVISION EXCLUDING FROM
CALPERS MEMBERSHIP “PERSONS COMPENSATED ON AN HOURLY BASIS” PROSPECTIVELY, PURSUANT TO GOVERNMENT CODE SECTIONS 20305 AND 20503
WHEREAS, the action of revising a pension contract does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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

SECTION 1. Recitals Made Findings. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Cotati SECTION 2. That an amendment to the contract between the City Council of the City of Cotati and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.

SECTION 3. The City Manager of the City of Cotati is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.

SECTION 4. This Ordinance shall take effect and be in full force and effect from and after thirty (30) days from its final passage.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
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This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
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EXHIBIT
California
Public Employees’ Retirement System

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees’ Retirement System
and the
City Council
City of Cotati

The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 1, 1969, and witnessed October 16, 1969, and as amended effective June 1, 1981, July 1, 1983, November 14, 1986, December 25, 1987, August 12, 1995, October 15, 1998, May 16, 1999, July 1, 2002, October 1, 2007, and July 1, 2011, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 16 are hereby stricken from said contract as executed effective July 1, 2011, and hereby replaced by the following paragraphs numbered 1 through 19 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. “Normal retirement age” shall mean age 55 for classic local miscellaneous members entering membership in the miscellaneous classification on or prior to July 1, 2011, age 60 for classic local miscellaneous members entering membership for the first time in the miscellaneous classification after July 1, 2011, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.

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Attachment: Exihbit - Amendment to Contract Btween the Board of Administration, CalPERS and City of Cotati (CalPERS Contract Amendment)

2. Public Agency shall participate in the Public Employees' Retirement System from and after December 1, 1969, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees’ Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees’ Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency’s election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency’s prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency’s election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees’ existing retirement benefits, provisions or formulas.
(c) Public Agency’s agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees’ Retirement Law.

4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Police Officers (herein referred to as local safety members); b. Employees other than local safety members (herein referred to as local miscellaneous members).

5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. FIRE FIGHTERS.

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Attachment: Exihbit - Amendment to Contract Btween the Board of Administration, CalPERS and City of Cotati (CalPERS Contract Amendment)

6. Removal of the exclusion of “Persons Compensated On An Hourly Basis,” pursuant to Section 20503, is declarative of agency’s previous interpretation and does not mandate any new classes of employees into membership.

7. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment before and not on or after October 1, 2007, shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).

8. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members in employment on or after October 1, 2007, and not entering membership for the first time in the miscellaneous classification after July 1, 2011, shall be determined in accordance with Section 21354.5 of said Retirement Law subject to the reduction provided therein for service prior to December 31, 1980, termination of Social Security, for members whose service has been included in Federal Social Security (2.7% at age 55 Full and Modified).

9. The percentage of final compensation to be provided for each year of credited current service as a classic local miscellaneous member entering membership for the first time in the miscellaneous classification after July 1, 2011, shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full).

10. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).

11. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member entering membership in the safety classification on or prior to July 1, 2011, shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full).

12. The percentage of final compensation to be provided for each year of credited current service as a classic local safety member entering membership for the first time in the safety classification after July 1, 2011, shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full).

13. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).

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Attachment: Exihbit - Amendment to Contract Btween the Board of Administration, CalPERS and City of Cotati (CalPERS Contract Amendment)

14. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21572 (Increased Level of 1959 Survivor Benefits) for local safety members only.
b. Section 20938 (Limit Prior Service to Members Employed on Contract Date) applicable to elected officials in office on November 14, 1986. c. Section 20965 (Credit for Unused Sick Leave).
d. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local miscellaneous members only.
e. Section 20042 (One-Year Final Compensation) for classic local miscellaneous members only.
f. Section 20475 (Different Level of Benefits): Section 21353 (2% @ 60 Full formula) is applicable to classic local miscellaneous members entering membership for the first time with this agency in the miscellaneous classification after July 1, 2011.

Section 21362 (2% @ 50 Full formula) is applicable to classic local safety members entering membership for the first time with this agency in the safety classification after July 1, 2011.
g. Section 20503 (To Remove the Exclusion of "Persons Compensated On An Hourly Basis,” prospectively from the effective date of this amendment to contract).

15. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834, effective on June 1, 1981.

Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.

16. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

17. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members.

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Attachment: Exihbit - Amendment to Contract Btween the Board of Administration, CalPERS and City of Cotati (CalPERS Contract Amendment) b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

18. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

19. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.

B. This amendment shall be effective on the _____ day of _______________, ______.

BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CITY OF COTATI
BY____________________________________ BY______________________________

MELODY BENAVIDES, CHIEF PRESIDING OFFICER

PENSION CONTRACTS AND PREFUNDING

PROGRAMS DIVISION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
________________________________
Witness Date
Attest:
________________________________
Clerk
AMENDMENT CalPERS ID #1533977406
PERS-CON-702A

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Attachment: Exihbit - Amendment to Contract Btween the Board of Administration, CalPERS and City of Cotati (CalPERS Contract Amendment) RESOLUTION NO.

RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE

CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC

EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF COTATI
WHEREAS, the Public Employees' Retirement Law (Law) permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:

To provide Section 20503 (Removal of the Contract Exclusion of "Persons Compensated On An Hourly Basis,") prospectively from the effective date of this amendment to contract.

NOW THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF COTATI does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.

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 23rd, 2022, by the following vote, to wit:

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

Exhibit - Amendment to Contract (PDF)
CalPERS Template - Amendment Resolution of Intention - CalPERS Agency Document (PDF) Packet Pg. 89

EXHIBIT
California
Public Employees’ Retirement System

AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees’ Retirement System
and the
City Council
City of Cotati

A. Paragraphs 1 through 16 are hereby stricken from said contract as executed effective July 1, 2011, and hereby replaced by the following paragraphs numbered 1 through 19 inclusive:

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Attachment: Exhibit - Amendment to Contract (CalPERS Contract Amendment)

5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:
a. FIRE FIGHTERS.

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Attachment: Exhibit - Amendment to Contract (CalPERS Contract Amendment)

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Attachment: Exhibit - Amendment to Contract (CalPERS Contract Amendment)

15. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834, effective on June 1, 1981.

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Attachment: Exhibit - Amendment to Contract (CalPERS Contract Amendment) b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

B. This amendment shall be effective on the _____ day of _______________, ______.

BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM CITY OF COTATI
BY____________________________________ BY______________________________

MELODY BENAVIDES, CHIEF PRESIDING OFFICER

PENSION CONTRACTS AND PREFUNDING

PROGRAMS DIVISION
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
________________________________
Witness Date
Attest:
________________________________
Clerk
AMENDMENT CalPERS ID #1533977406
PERS-CON-702A

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Attachment: Exhibit - Amendment to Contract (CalPERS Contract Amendment)

RESOLUTION OF INTENTION

TO APPROVE AN AMENDMENT TO CONTRACT

BETWEEN THE

BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL

CITY OF COTATI
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:

To provide Section 20503 (Removal of the Contract Exclusion of "Persons Compensated On An Hourly Basis," prospectively from the effective date of this amendment to contract.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.

By:_________________________________
Presiding Officer
_________________________________
Title
________________________________
Date adopted and approved
(Amendment)
CON-302 (Rev. 3/9/2016 rc)

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Attachment: CalPERS Template - Amendment Resolution of Intention - CalPERS Agency Document (CalPERS Contract Amendment) Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Public Hearing Regarding an Ordinance to Approve a Military Equipment Use Policy
Date: August 23, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council continue the public hearing and introduce an Ordinance Adopting a Military Equipment Use Policy in accordance with AB 481.

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

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

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On July 26, 2022, the City Council opened the public hearing on this item and continued it to August 23, 2022. Primary topics of discussion included coordination with mutual aid agencies and the use of the shotgun with the bean bag rounds. Following the meeting, Councilmember Sparks provided the attached information to staff on bean bag rounds for distribution to the City Council as additional information.

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

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

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

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

Analysis/Discussion
CPD seeks approval of a military equipment use policy so that it can continue to make use of the following equipment:

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• Shotguns with bean bag rounds
• Sonoma County Operational Area Command Vehicle (Dodge Cargo Van) There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The use of the tools identified above are vital to the CPD mission and will continue to be strictly regulated through internal processes and oversight.

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

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

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

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

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

Draft Policy Updates
Following the public hearing on July 26, 2022, there have been two changes to the proposed AB 481 policy. The first was to ensure clarity on mutual aid responses, with changes indicated in redline/strikeout. The second change was to align the AB 481 policy on authorized uses of bean bag shotguns with existing policy (CPD Policy Manual, Section 308.8) to ensure consistency across these policies, as indicated.

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

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

Attachments:

Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (PDF)
Additional Information for City Council - Council Member Sparks (PDF)

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

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

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

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

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

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

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

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

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Packet Pg. 100 Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military 7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 2/5 public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

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

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

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

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

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

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

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Packet Pg. 101 Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military 7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 3/5 (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. (9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles. (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). (14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight. (16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. (d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. (6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner. (e) “State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
(f) “Type” means each item that shares the same manufacturer model number. 7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a military equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.

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Packet Pg. 102 Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military 7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 4/5 (D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through any means not provided by this paragraph. (2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the governing body does not approve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b), within 180 days of submission of the proposed military equipment use policy to the governing body, the law enforcement agency shall cease its use of the military equipment until it receives the approval of the governing body in accordance with this section. (b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and make those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable. (d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
(B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
(2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for approval set forth in subdivision (d). If the governing body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a military equipment use policy based on local community needs. 7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use.

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

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Packet Pg. 103 Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military 7/21/22, 5:40 PM Bill Text - AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 5/5 (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
(4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code. (2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. (4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. (5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through any means not provided by this subdivision. (b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy. (c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the military equipment use policy on the agency’s internet website. (2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee. 7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

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

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

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

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Packet Pg. 104 Attachment: Bill Text - AB-481 Law enforcement and state agencies_ military equipment_ funding, acquisition, and use (AB 481 Military From: Laura Sparks
To: Damien O"Bid; Michael Parish
Subject: Bean Bag Rounds inappropriate for crowd control Date: Tuesday, July 26, 2022 8:23:17 PM
Hello,
Thank you for the enlightening report and discussion on the military equipment policy. I know it takes a lot of ongoing new time and effort to keep up with all the new state laws that come through, and I appreciate the thorough job you're doing.

When the policy/ordinance comes back for discussion, I'd like to see both the pros and cons of using bean bag rounds for protest/riot/crowd control situations. To be fully informed, the council needs to know about the medical outcomes and the litigation outcomes that have come about when bean bags were heavily used during civil unrest. I request that you include this information in the packet:

Letter from physicians to the New England Journal Of Medicine https://www.nejm.org/doi/full/10.1056/NEJMc2025923
Relevant quote from the last paragraph: "Although our report reflects the experience at only one center during a short period and we cannot determine the frequency of injuries when these munitions are used, these findings highlight the fact that beanbag munitions can cause serious harm and are not appropriate for use in crowd control. Beanbag rounds have since been abandoned by our local law enforcement in this context. In light of the ongoing nationwide protests, these observations are relevant to the broader medical community as well as to policymakers seeking to reduce rates of police-induced injuries and fatalities." Medical case study on bean bag injury (Caution - disturbing imagery) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8140765/
Relevant quote: "Although bean bag munitions are less likely to cause severe injury when compared with regular gunshot rounds, it is crucial to understand that bean bag munitions may be life-threatening."
$10M settlement - City of Austin for injuries sustained from beanbag rounds https://www.star-telegram.com/news/nation-world/national/article258515403.html Relevant quote: “As tensions escalated, APD instructed our officers to use tools that we thought would help manage the crowd - for everyone’s safety, however, we did not anticipate the injuries that occurred from the use of the less lethal rounds. We now prohibit the use of less lethal ammunition for crowd control.”
Thank you again,

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Packet Pg. 105 Attachment: Additional Information for City Council - Council Member Sparks (AB 481 Military Equipment Staff Report v2) Laura
Under the Public Records Act (California Government Code §6250-6270), e-mail messages of local agencies are public records which are subject to disclosure to the public or may be subpoenaed.

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Packet Pg. 106 Attachment: Additional Information for City Council - Council Member Sparks (AB 481 Military Equipment Staff Report v2) ORDINANCE NO.

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

A POLICY FOR ACQUISITION AND USE OF MILITARY EQUIPMENT, IN ACCORDANCE WITH AB 481
WHEREAS, On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies; and WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body prior to taking certain actions relating to the funding, acquisition, solicitation, or use of military equipment; and
WHEREAS, Assembly Bill 481, requires that the approval by the governing body be by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws; and
WHEREAS, Assembly Bill 481 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations with respect to a military equipment use policy; and WHEREAS, a draft of the Cotati Police Department Policy 706 “Military Equipment” (Exhibit A) was published on the Cotati Police Department internet website at least 30 days prior to opening the public hearing on July 26, 2022 in accordance with requirements of Government Code section 7071; and
WHEREAS, a draft of the Cotati Police Department Policy 706 “Military Equipment” (Exhibit A) was initially presented to the City Council at a public hearing on July 26, 2022, with introduction of the ordinance continued to August 23, 2022; and WHEREAS, the Cotati Police Department Policy 706 “Military Equipment” meets the requirements of California Government Code section 7070, subdivision (d); and WHEREAS, the military equipment identified in the Cotati Police Department Policy 706 “Military Equipment” is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety; and WHEREAS, The Cotati Police Department Policy 706 “Military Equipment” will safeguard the public’s welfare, safety, civil rights, and civil liberties; and WHEREAS, the military equipment identified in Cotati Police Department Policy 706 “Military Equipment” is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and Packet Pg. 107
WHEREAS, no prior military use policy has existed in the City of Cotati that was applicable to the use of military equipment, and the adoption of such policy shall serve to secure future compliance;

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

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

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

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

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

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

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

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
Packet Pg. 108
_______________________________
Kevin Patterson, Deputy City Clerk
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Policy
709
Cotati Police Department
Cotati PD Policy Manual
Copyright Lexipol, LLC 2022/08/18, All Rights Reserved.

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

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

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

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Packet Pg. 110 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/08/18, All Rights Reserved.

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

1. Publicizing the details of the meeting.

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

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Packet Pg. 111 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/08/18, All Rights Reserved.

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

This round is very accurate, however effectiveness depends on many variables, such as distance, clothing, stature, and the point of impact. (b) Authorized Use – Situations for use of less lethal weapons systems may include, but are not limited to:
(a) The suspect is armed with a weapon and the tactical circumstances allow for the safe application of approved munitions.
(b) The suspect has made credible threats to harm him/herself or others. (c) The suspect is engaged in riotous behavior or is throwing rocks, bottles or other dangerous projectiles at people and/or officers
(d) There is probable cause to believe that the suspect has already committed a crime of violence and is refusing to comply with lawful order (e) Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents
(f) Circumstances where a tactical advantage can be obtained (g) Potentially vicious animals
(h) Training exercises
(c) Lifespan
(a) Remington 870 Less Lethal Shotgun: 35 years
(b) 12-gauge Defense Technology Drag Stabilized Bean Bag Round: 5 year warranty, but no listed expiration date
(d) Fiscal Impact – Annual Maintenance is approximately $50 per shotgun. (e) Training – Sworn Members of the Cotati Police Department utilizing the 12- Gauge Less Lethal Shotgun and munitions shall be trained in the use of such items by POST Certified Instructors.
(f) Legal and Procedural Rules – Use of the Less Lethal Shotguns and munitions is subject to the Policy 312 (Firearms), Policy 308.8 (Kinetic Energy Projectile Guidelines) and Policy 300 (De-escalation and Use of Force). It is the policy of the Cotati Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force.
(b) Command and Control Vehicles:

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Packet Pg. 112 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/08/18, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 4 (a) Description, quantity, capabilities, and purchase cost (a) 2007 DODGE COMMAND CARGO VAN, cost: $76,208.04 obtained through a State Homeland Security Grant Program, quantity: 1. This van is an upfitted emergency response vehicle equipped with emergency lights and a siren. This van is available for other cities in Sonoma County as a designated Sonoma County Operational Area Command Vehicle. (b) Purpose – This vehicle is to be made available for law enforcement purposes in order to support law enforcement response (Command and Control Center) at an incident.
(c) Authorized Use – Situations for use of this vehicle may include, but are not limited to:
(a) Planned Events
(b) Criminal Investigations
(c) Natural Disasters
(d) Active Threats
(d) Training – The Cotati Police Department has a trained member responsible for ensuring the van and all of the equipment inside are operational. There are no additional certifications or driver's license endorsements needed to drive the van.
(e) Lifespan – The van currently has 1,624 operational miles on the odometer and there are no current plans to replace the van.
(f) Fiscal Impact- – Annual Cost of less than $1,000.00 annually to include fuel and maintenance costs.
(g) Legal and Procedural Rules- – Use of the van is subject to the requirements of Policy 704 (Vehicle Maintenance) and Policy 706 (Vehicle Use) 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.

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Packet Pg. 113 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati Police Department
Cotati PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/08/18, All Rights Reserved.

Published with permission by Cotati Police Department ***DRAFT*** Military Equipment - 5 (c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective military equipment use policies in rendering mutual aid. Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

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

10.a
Packet Pg. 114 Attachment: Exhibit A: Military Equipment Policy (AB 481 Military Equipment Ordinance v2) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Resolution Cancelling the November 8, 2022 General Municipal Election and Appointing the Nominated Candidates to the City Council Date: August 23, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council adopt a Resolution cancelling the November 8, 2022 General Municipal Election and appoint Kathleen Rivers and Sylvia Lemus to the City Council for full four-year terms.

Background
At the June 14, 2022 City Council meeting, the Council adopted Resolution 2022-24 calling for the November 8, 2022 General Municipal Election and requested that the City consolidate with the Statewide General Election. The municipal election is for the election of two Councilmembers for full four-year terms. The initial nomination period ran from July 18, 2022, through August 12, 2022, and was extended to August 17, 2022, pursuant to Elections Code § 10225, after no incumbent filed papers for re-election. As of the close of the nomination period, Kathleen Rivers and Sylvia Lemus had been nominated.

Analysis/Discussion
As provided in Elections Code § 10229, the City Council may consider one of the following courses of action:

1. Appoint to the office the persons who have been nominated.

2. Appoint to the office any eligible voter if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated.

A statement presenting the fact that there are no more candidates than offices to be elected and outlining the optional courses of action available to the Council is attached and has been formally presented to the City Council. A notice was also published in the Community Voice on August 19, 2022 pursuant to Elections Code § 10229(a)(3) and also published in three public places in the City on August 18, 2022. A decision to cancel the election and make the

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appointments must be made by the 75th day before the election (i.e. August 25, 2022); otherwise, the election shall be held. (Elections Code § 10229(a)(3)).

If the Council makes appointments pursuant to Elections Code § 10229, the Deputy City Clerk shall not accept for filing any statement of write-in candidacy, which is submitted after the appointment is made.

To cancel the election and appoint the two qualified candidates, the attached resolution would need to be adopted, which would seat the new council members as if there had been an election (i.e. swearing in on December 13, 2022). The resolution would need to be delivered to the Sonoma County Registrar of Voters by 5:00pm on Thursday, August 25, 2022.

Financial Considerations
The estimated cost of conducting an election when there are only two candidates for two seats, for the City of Cotati, is between $11,259 and $33,776. Should the Council decide to cancel the election, the only costs incurred would be for checking signatures on Nomination Papers. These nominal costs will not be known until calculated by the Registrar of Voters after the election, but they will be substantially less than the cost of holding the election.

Environmental Issues
This action does not qualify as a “Project” as defined in California Government Code § 15378(b) of the Guidelines for the California Environmental Quality Act.

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Packet Pg. 116
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI CANCELLING THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION
WHEREAS, pursuant to § 10229 of the Elections Code of the State of California, as of the close of the Nomination Period on August 17, 2022, there were not more candidates than offices to be elected and that § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:

1. Appoint to office the person who has been nominated

2. Appoint to office any eligible voter if no one has been nominated

3. Hold the election if either no one or only one person has been nominated; and WHEREAS, only two candidates were nominated for the two City Council seats to be filled at the November 8, 2022 election; and
WHEREAS, the City Council may now take action pursuant to No. 1 (appoint to the office the person who has been nominated) or No. 3 (hold the election if either no one or only one person has been nominated) above; and
WHEREAS, there are no other City offices to be filled at the November 8, 2022 election, and no City measure has qualified to be submitted to the voters at that election; and WHEREAS, on August 18, 2022, after 5pm, the Deputy City Clerk delivered to the City Council the certificate required by California Elections Code § 10229, which is attached hereto as Exhibit A; and
WHEREAS, the Deputy City Clerk has, on August 19, 2022, published the notice required by California Elections Code § 10229; and
WHEREAS, the Deputy City Clerk has, on August 18, 2022, posted in three locations within the City of Cotati the notice required by California Elections Code § 10229; and WHEREAS, the City Council has determined that by appointing the officers as permitted by Elections Code § 10229, the General Fund of the City of Cotati will save substantially on the estimated cost of $11,259 to $33,776 to hold the election; and WHEREAS, pursuant to § 10229 of the Elections Code of the State of California the City Council now desires to appoint the two persons nominated for the office of Councilmember, Kathleen Rivers and Sylvia Lemus, to four-year terms as if they were elected at the November 8, 2022 General Municipal Election; and
WHEREAS, in accordance with § 10229 of the Elections Code, the appointments are made by the 75th day before the Municipal Election.

Packet Pg. 117
NOW THEREFORE, the City Council of the City of Cotati does hereby RESOLVE, DECLARE, AND DETERMINE as follows:

1. That pursuant to § 10229 of the Elections Code of the State of California, the following action is being taken:
a. The following persons are being appointed to the offices for which they were nominated and are considered to be the same as being elected, pursuant to § 10229(a)(3) of the Elections Code:

Kathleen Rivers, Member of the City Council for a Four-Year Term Sylvia Lemus, Member of the City Council for a Four-Year Term

2. The election scheduled to be held on Tuesday, November 8, 2022, is now cancelled.

3. The persons appointed shall qualify and take office and serve exactly as if elected at a municipal election for the office, including formal swearing in and seating at the December 13, 2022 City Council meeting.

4. That the Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

5. Direct the Deputy City Clerk to transmit a certified copy of the resolution and all necessary documents to the Sonoma County Registrar of Voters.

6. Direct the Elections Official to not accept for filing any statement for write-in candidacy after the appointments are made.

7. Determine that this Resolution will become effective immediately upon adoption.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 23rd, 2022, by the following vote, to wit:

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

Packet Pg. 118
Deputy City Clerk Certification (PDF)
Public Notice (PDF)
Packet Pg. 119

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Attachment: Deputy City Clerk Certification (Resolution Cancelling the Nov 8 Election)

CITY OF COTATI

NOTICE THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO

BE ELECTED
NOTICE IS HEREBY GIVEN that pursuant to § 10229 of the Elections Code of the State of California relating to the General Municipal Election in the City of Cotati to be held on Tuesday, November 8, 2022:

As of the close of the nomination period on August 17, 2022, there are not more candidates than offices to be elected.

The persons so nominated are:

KATHLEEN RIVERS

SYLVIA LEMUS
That § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:

1. Appoint to the office the persons who have been nominated.

2. Appoint to the office any eligible voter if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated.

The City Council will meet on Tuesday, August 23, 2022, at 6:00pm to either make the appointments or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.

If, by the 75th day before the municipal election, no person has been appointed to the offices pursuant to (1) or (2) above, the election shall be held.

If the City Council makes an appointment pursuant to Section 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.

Kevin Patterson
Deputy City Clerk
City of Cotati
Pub:August 19, 2022
The Community Voice

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Packet Pg. 121 Attachment: Public Notice (Resolution
Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Covid-19 Temporary Economic Development Response Phase 3 Date: August 23, 2022
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the Council of the City of Cotati rescind Resolution 2020-59 and adopt a resolution to transition City support of businesses.

Background
The Covid-19 viral pandemic has caused unprecedented economic impacts to business and industry across the globe. In response, on May 26, 2020, the City Council adopted a resolution granting broad flexibility to existing and future business operators, allowing the use of public and private outdoor areas for business operations. In addition, the City Council authorized staff to expend up to $20,000 to aid in the response efforts to support the local business community.

The goal of these actions was to provide flexibility for businesses to operate under the uncertain and rapidly changing requirements of the County and State Health Orders and provide some funding to support changed operations for these businesses to operate outdoors.

Between May and September of 2020, the need to limit activities to reduce the spread of the virus into the medium-term future become clearer, while the long-term outlook for such limitations remained uncertain. The uncertainty of the magnitude and timeline of these impacts to daily life had stifled the ability of many individual property and business owners to move forward with any plans for investment and expansion. Many local business owners were trying to adjust their business models to remain profitable under the limitations and constraints of the COVID-19 restrictions at the time.

In September 2020, the City adopted Resolution 2020-59 once the needs of our local businesses became clearer. Resolution 2020-59, which remains in effect today, implemented the following measures:

1. Extended the city-wide parking reduction and flexible use of outdoor spaces for sixmonths beyond the expiration of the Covid-19 emergency declaration; and

2. Expanded the allowances governing the use of outdoor spaces, including potentially creating a covered outdoor market and/or a “Food Truck Rodeo” where local businesses

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could operate separate from their brick-and-mortar establishments; and

3. “Tolled” or suspended the expiration dates for approved entitlements, plan checks and other permits through a time period of six-months beyond the expiration of the COVID19 emergency declaration; and

4. Continued and expanded the previous funding dedicated to these efforts, for a new total not to exceed amount of $90,000 for waivers of permit costs for outdoor events and uses, as well as establishing outdoor dining areas for businesses, primarily in the downtown area.

Analysis/Discussion
While many of the timelines were tied to the expiration of the City Council’s COVID-19 emergency declaration, in the past 2.5 years, many activities have settled into a new normal. At the same time, it is unlikely that the emergency declaration will be rescinded until the pandemic settles fully into an endemic virus.

Given the length of time since many of these measures were enacted, it is recommended that they be discussed and adjusted as necessary. Specifically, the need for waivers of minor fees and the tolling of agreements and entitlements has minimal benefit at this point, with the exception of the waiver of encroachment and other related fees for the remaining outdoor tents provided by the City. The City still has tents at Cotati Coffee, Down to Earth Café/Tradewinds, Jam’s Joy Bungalow, Flagship Taproom, and Grav South Brewery.

Staff reached out to each of the businesses currently using City provided tents to ask if they are still using the tent, and if they were interested in moving from the tent to a more permanent outdoor space. All of the businesses that responded expressed gratitude to the City for providing the tents. Spanky’s indicated that they no longer needed it, so it was recently removed.

However, the remaining businesses wanted to continue to use the tent for now, with some expressing that customers concerned about COVID 19 still prefer to dine outside. It is unclear how many businesses would transition from the City tents to a permanent outdoor space, but this would likely become clear once the tent removal clock was started. Currently, no businesses indicated that they wanted to replace the tent with an outdoor space. At least one downtown retail business without a tent has approached the city to inquire about the timing of tent removals due to parking concerns.

When the tents were placed by the City, it was originally communicated to the businesses that the tents would be removed 6 months after rescinding the emergency declaration, unless removal was requested sooner by the business. However, since the emergency declaration is not likely to be rescinded soon and given the extended time the ‘temporary” tents have been in place, it is recommended that the City Council start the 6-month clock on September 1. If approved by the City Council, this will extend the tents until March 2023, which will assist restaurants through the coming winter while allowing for businesses to transition to a more permanent and attractive parklet or similar long-term outdoor dining option.

Currently, the City does not have design guidelines for outdoor spaces and developing design guidelines will take some time. Therefore, the recommendation includes a 2-track process once

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the 6-month clock starts. This would also be initiated by contacting the businesses to describe the tracks available:

Track 1 – Removal of City Tents
For any business that does not express an interest in moving to a permanent outdoor space, the tents would be removed when requested by the business, but no later than 6 months after September 1, 2022.

Track 2 – Transition to Permanent Outdoor Space
If a business expresses interest in moving to an outdoor space, staff will develop outdoor space design guidelines and review options for fee reductions to encourage the transition, including a fixed deadline to pull the permit/License Agreement. The City Manager would also have the ability to extend the 6-month tent removal deadline, if warranted, to facilitate the transition. If any business goes down this track, staff will return to the City Council to fully outline this program for approval.

Financial Considerations
Fees and charges will resume in most cases, except for the existing tents. While the tents are owned, some of the traffic barricades are rented and will continue to accrue rental charges until the tents are removed.

Environmental Issues
The action of re-authorizing the temporary closure of parking areas and certain park lands to support local business activities is consistent with past environmental analysis of Citywide planning documents such as the Cotati General Plan and Downtown Specific Plan. Further, these actions as well as the allowance to allow these areas to be temporarily covered and the concept of tolling the expiration of these permits are found to be exempt from the requirements of CEQA in that these actions are consistent with several policies in the City’s General Plan and Downtown Specific Plan and are consistent with Class 1, Class 5, Class 11 and Class 23 Categorical Exemptions under Section(s) 15301, 15305 and 15311, and 15323 of CEQA.

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RESOLUTION NO.

RESOLUTION TO RESCIND RESOLUTION 2020-59 AND ADOPT A RESOLUTION TO TRANSITION CITY SUPPORT OF OUTDOOR DINING.

WHEREAS, to further aid in community efforts to slow the spread of the COVID-19 virus, the City Council adopted Resolution 2020-31 on May 26, 2020, Temporarily Authorizing Limited Closures of Public Streets, the Use of Various Types of Public Right-of-Way and a Reduction in the Parking Requirements to Support Commercial Activities During the Covid-19 Pandemic, Citywide; and
WHEREAS, September 2020, as the business impacts of COVID-19 became clearer, the City Council adopted Resolution 2020-59, which replaced Resolution 2020-31 and included waived fees for certain park uses, right of way uses, authorized the City Manager to approve temporary street closures and a variety of outdoor uses, permitted purchase and construction of outdoor tents for Cotati restaurants and bars, and “tolled” or stopped the clock on building permit or entitlement expirations; uses to provide alternatives to restricted indoor uses; and WHEREAS, tolling of building permits and entitlements and most outdoor use fee waivers is no longer beneficial, as construction has resumed after the initial slowdown at the start of the pandemic; and
WHEREAS, most of the tents erected by the City continue to remain in place today, but after nearly two years, should transition to a permanent solutions if desired by the business; and WHEREAS, when the tents were originally placed, the businesses were informed that the City would provide them 6-month notice of removal; and WHEREAS, the City Council desires to initiate the removal of the tents by starting the 6 month clock on September 1, 2022 and simultaneously informing the businesses that the City will work with them if they wish to transition to a permanent outdoor space; and WHEREAS, if the business choses to transition to an outdoor space, City staff will develop outdoor space design guidelines and will review options for fee reductions to encourage the transition within a fixed timeframe; and
WHEREAS, given the time required to develop outdoor space design guidelines, the City Manager may extend the 6-month tent removal date if necessary to facilitate a smooth Packet Pg. 125
transition to an outdoor space; and
WHEREAS, California Vehicle Code Section 21101(e) authorizes temporary street closures where certain conditions exist and it has been determined it may be necessary to temporarily close certain streets, as described in the attached staff report, to facilitate the City of Cotati COVID-19 small business assistance efforts and improve pedestrian and bicycle safety; and
WHEREAS, the closure for the existing tents is necessary for the safety and protection of persons who are to use that portion or portions of the street(s) and right-of-way during the temporary closing; and
WHEREAS, the City Council also finds that continuing to make the existing City provided tents temporarily available to the businesses facilitates the City of Cotati COVID-19 small business assistance efforts and is necessary and beneficial to the public and overall community; and
WHEREAS, the City Council finds that these temporary efforts are part of a comprehensive and on-going economic development strategy to support business success while also implementing requirements of the Sonoma County Public Health Officer, to promote and support the Cotati community and citizens, with a stated goal of maintaining sales tax revenues to support ongoing City services during the COVID-19 pandemic; and WHEREAS, it will be necessary to conform to certain conditions as deemed necessary by City staff and the Public Health Officer to facilitate these efforts; and WHEREAS, the City Council further finds that the health, safety, and welfare of the citizens of the City of Cotati will not be jeopardized by the approval of these efforts.

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

1. Finds that, the above recitals are declared to be true and correct and incorporated herein as findings of the City Council.

2. Finds that this resolution supersedes and replaces Resolution 2020-59.

3. Finds that as of September 1, 2022:
a. Any new (unpermitted as of September 1) temporary use of streets, public lands and private parking areas will revert to the normal review, approval and fee procedures.

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b. Time on all tolled permits, plan checks and entitlements will resume.

4. Finds that removals of the existing City-provided tents shall follow a 2-Track process, as follows:
a. Businesses with existing City-provided tents will be notified that the tents will be removed when requested by the business, but no later than 6 months after September 1, 2022, and will be informed of the option to transition to a permanent outdoor space.
b. If any businesses chose to transition to a permanent outdoor space, City staff will develop outdoor space design guidelines and review options for fee reductions to encourage the transition, within a fixed timeframe, for City Council review and approval.

5. Finds given the time required to develop outdoor space design guidelines, the City Manager may extend the 6-month tent removal deadline on a case-by-case basis for an individual business to facilitate a smooth transition to a permanent outdoor space. Any time extensions must be reasonable and only if the business continues to make timely progress through review, permitting and construction of the permanent outdoor space.

6. Severability
Finds that each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Cotati hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional.

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 23rd, 2022, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Appointment of a Voting Delegate and Alternate(s) to the 2022 League of California Cities (LOCC) Annual Conference
Date: August 23, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council of the City of Cotati adopt a motion appointing a voting delegate and up to two alternates to the 2022 League of California Cities (LOCC) Annual Conference
Background
In preparation for its Annual Conference each year, the League of California Cities requires that member cities appoint a voting delegate who will vote on conference resolutions at the Annual Business meeting. Up to two alternates may also be appointed. The voting delegate and alternate(s) are customarily City Council members who are planning to attend the Annual Conference. League bylaws also provide that the City Council may appoint a City official to serve as voting delegate or alternate if there will not be a sufficient number of Council members in attendance.

This year’s conference is scheduled for September 7-9, 2022, in Long Beach. The Annual Business Meeting is on Friday September 9. Vice Mayor Harvey and City Manager O’Bid are currently registered for this conference.

Analysis/Discussion
The conference will be held in person at the Long Beach Convention Center.

Financial Considerations
Funding is included in the FY 2022-23 budget for related travel expenses for the two registered attendees, so no appropriation is needed.

Environmental Issues
The action of providing voting direction to LOCC delegates does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further

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environmental review is required.

Attachments:

LOCC Voting Delegate Packet (PDF)

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Attachment: LOCC Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference)

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Attachment: LOCC Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference)

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Attachment: LOCC Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference)

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Attachment: LOCC Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Direction to the Voting Delegate for the 2022 Annual League of California Cities Virtual Business Meeting
Date: August 23, 2022
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council discuss and provide direction to the voting delegate for the annual League of California Cities business meeting on Friday, September 9, 2022.

Background
The City Council, pursuant to the bylaws of the League of California Cities (LOCC), will appoint a voting delegate to vote on bylaws amendments at the 2022 LOCC Annual Business meeting.

Analysis/Discussion
The LOCC annual business meeting is scheduled for Friday September 9th, at 11:30 am. During a special board meeting on July 15th, the LOCC Board of Directors approved proposed bylaws amendments to enhance Cal Cities’ governance. The proposed bylaws amendments will also go before the General Assembly for a vote at the Annual Business meeting on September 9. At least two-thirds of the General Assembly must vote in favor of the proposed bylaws amendments in order for them to take effect. It is recommended the City consider the proposed bylaws and provide direction to our voting delegates.

Financial Considerations
None.

Environmental Issues
The action of providing direction to the LOCC voting delegate does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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Attachments:
2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (PDF)

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2022 Annual Conference and Expo

PROPOSED BYLAWS AMENDMENTS
General Assembly
September 9, 2022
If you have any questions regarding these materials, please contact Norman Coppinger at [email protected] or by phone at 916.658.8277.

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Packet Pg. 136 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual 2021-2022

CAL CITIES OFFICERS
President
Cindy Silva
Mayor Pro Tem,
Walnut Creek
First Vice President
Ali Taj
Council Member,
Artesia
Second Vice President
Daniel Parra
Council Member,
Fowler
Immediate Past President
Cheryl Viegas Walker
Council Member,
El Centro
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 2022
To: Cal Cities General Assembly
From: Cindy Silva, President
Carolyn Coleman, Executive Director and CEO
Re: Proposed Cal Cities Bylaws Amendments
On July 15, 2022, the League of California Cities (Cal Cities) Board of Directors (Board) voted to present proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo. This memorandum outlines the history of the proposed amendments, summarizes the amendments, and provides an explanation of the process for adopting amendments to the bylaws.

Background
Beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Grown Plan 2018-2021” (Strategic Growth Plan). The Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive.

In furtherance of its governance goals, the Board engaged an association governance consultant (Consultant) to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance. The Consultant gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys. On July 8, 2021, the Consultant produced a report (Governance Report) detailing 49 recommendations to the Board to deepen the engagement of Cal Cities Member Cities and ensure Cal Cities’ governance is operating at peak performance.

The Governance Report included findings indicating that Cal Cities is a strong organization, with a high level of member engagement, but also highlighted opportunities for Cal Cities to enhance its governance. The opportunities for enhancement included: (a) improving the clarity, ease, and consistency in how the governance system works; (b) clarifying the guidelines for position qualifications and performance expectations; (c) identifying ways to deepen member engagement and enhance the quality of the experience of involvement; and (d) ensuring Cal Cities has an intentional, consistent organizational culture at all levels of the governance system.
1 11.D.a
Packet Pg. 137 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual The findings and recommendations from the Governance Report were presented to the Board during the July 2021 Board meeting. Following a robust exchange of ideas and input, the Board decided to move forward with many of the recommendations, referred other recommendations to a “to be established” board subcommittee for further study, and deferred consideration of the remaining recommendations.

Following Board approval, in September 2021 during the Cal Cities Annual Conference and Expo, the General Assembly voted to approve the following bylaws amendments:

1. Adjust the composition of the Board to achieve a higher impact and be more representative by adding Director seats to the Board for each of the five Diversity Caucuses, and transitioning members of the National League of Cities Board from Cal Cities Directors to one non-voting advisor to the Cal Cities Board.

2. Recognize the Cal Cities Diversity Caucuses in the Cal Cities bylaws to reflect the full contribution the caucuses make to Cal Cities’ mission and vision.

Those amendments became effective on Nov. 24, 2021.

Among the recommendations the Board decided was a priority to move forward was the establishment of a standing Governance Committee to assist the Board in fulfilling its governance function.

At its February 2022 meeting, the Board voted to approve Board policy establishing the Governance Committee with the task of regularly reviewing the governance structures, policies, and practices of Cal Cities and reporting its findings and recommendations to the Board. The Board also approved a one-year work plan for the Governance Committee that established priority governance issues to focus on in its first year.

Following the Board meeting, President Cindy Silva appointed the following Board members to serve on the Governance Committee:
• Cheryl Viegas Walker, Immediate Past President and Council Member, El Centro, Chair • Walt Allen, Council Member, Covina
• Jan Arbuckle, Vice Mayor, Grass Valley
• LaTanya Bellow, Deputy City Manager, Berkeley
• Pippin Dew, Council Member, Vallejo
• Lynne Kennedy, Mayor Pro Tem, Rancho Cucamonga
• Karen Goh, Mayor, Bakersfield
• Jim Lewis, City Manager, Pismo Beach
• Lisa Middleton, Mayor, Palm Springs
• John Minto, Mayor, Santee
• David Pollock, Council Member, Moorpark
2 11.D.a
Packet Pg. 138 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual The Governance Committee met in April 2022, and following engaging and productive discussions, brought forward to the Board at its May 2022 meeting several recommendations to further enhance Cal Cities’ governance. Among the recommendations approved by the Board during that meeting are two that require bylaws amendments:

1. Formalize oversight of the Resolutions Committee by establishing the Second Vice President as the chair of the committee, while retaining the President’s authority to appoint the vice chair of the committee.

2. To ensure a more inclusive Nominating Committee, add one committee member appointed from among the Caucus Directors and one additional committee member appointed from among the At-Large Directors for a total of 13 committee members.1 In addition to those recommendations identified by the Governance Committee and approved by the Board, Cal Cities staff identified various non-substantive revisions to the Cal Cities bylaws:

1. Clarify that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of Board-established committees.

2. To avoid confusion and clarify organizational responsibilities, remove “Treasurer” from the title of the Second Vice President.
2 3. To promote consistency, replace the term “Board member(s)” with “Director(s).”3 On July 15, 2022, the Board voted to present these proposed bylaws amendments to the General Assembly at the 2022 Cal Cities Annual Conference and Expo.

While the work to enhance Cal Cities’ governance is a process being implemented in phases over several years, the Board believes these proposed amendments constitute important next steps toward ensuring Cal Cities’ governance is operating at peak performance. 1 Under the current bylaws, the Nominating Committee is comprised of 11 Directors. Two committee members are appointed from among At-Large Directors and one from a Department. Divisions participate on a rotation, with Directors residing within eight of the Divisions appointed in even-numbered years and Directors from the other eight appointed in odd-numbered years. 2 Under the current bylaws, the Second Vice President is referred to as “Second Vice President/Treasurer.” However, in practice the Second Vice President does not serve as treasurer of Cal Cities. Rather, that function is performed by the Chief Financial Officer designated in Article VIII, section 5, subdivision b(2), of the Cal Cities bylaws.
3 The current bylaws primarily refer to members of the Cal Cities Board of Directors as “Directors.” However, there are instances in which they are referred to as “Board members.” 3 11.D.a
Packet Pg. 139 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual Procedure for Amending the Cal Cities Bylaws
Amendments to the Cal Cities bylaws may be proposed by the Cal Cities Board and may be adopted: (a) by vote of the Cal Cities General Assembly, or (b) by mail ballot to Member Cities.4 In this case, the amendments will be considered by the General Assembly. Bylaws amendments need to be approved by 2/3 of those voting,5
and the number that constitutes 2/3 of those voting
(a) cannot be less than a majority of the voting delegates present if there is a quorum at the time the vote is taken;6 or (b) cannot be less than a majority of a quorum if the meeting started with a quorum but a quorum is not present when the vote is taken.7 If approved by the General Assembly, the amendments to the bylaws will go into effect after the expiration of a 60-day protest period.8 If, within 60 days after the adoption of the amendments, one-third or more of Member Cities submit a written protest against such amendments, the amendments are automatically suspended until the next Annual Conference and Expo, when they may be taken up again for reconsideration and vote.9 If the amendments are approved by the General Assembly and no protest is lodged, the effective date of the bylaws amendments will be Nov. 9, 2022.
4 Article XVII, Section 1.
5 Article XVII, Section 2.
6 Cal. Corp. Code 7512, subd. (a).
7 Cal. Corp. Code 7512, subd. (d). 8 Article XVII, section 6. 9 Article XVII, section 7.
4 11.D.a
Packet Pg. 140 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual

RESOLUTION RELATING TO AMENDMENTS TO THE CAL CITIES BYLAWS (2/3 vote at General Assembly required to approve)
Source: League of California Cities Board of Directors
WHEREAS, the League of California Cities (Cal Cities) is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the Cal Cities Board of Directors (Board) periodically reviews the Cal Cities bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership needs and interests; and
WHEREAS, beginning in 2017, the Board directed Cal Cities to undertake a strategic planning process that resulted in the adoption of the “Powering Up for California Cities Strategic Growth Plan 2018-2021” (Strategic Growth Plan); and
WHEREAS, the Strategic Growth Plan set forth goals to enhance Cal Cities’ governance to: (a) achieve even higher levels of engagement and effectiveness; (b) ensure optimal engagement by members and effectiveness in supporting fulfillment of the Cal Cities’ mission; and (c) ensure the pathway to leadership is transparent and inclusive; and WHEREAS, in furtherance of its governance goals, the Board engaged an expert in association governance who gathered and considered input from more than 350 Cal Cities members through advisory groups, roundtable discussions, interviews, and surveys to evaluate the Cal Cities governance system and make recommendations for enhancing Cal Cities’ governance; and
WHEREAS, in July 2021 the Board decided to move forward with certain recommendations made as a result of that governance evaluation, including a recommendation to establish a standing Governance Committee of the Board to assist the Board in fulfilling its governance function; and
WHEREAS, in February 2022 the Board approved Board policy establishing the Governance Committee and charging it with regularly reviewing the governance structures, policies, and practices of Cal Cities, and reporting its findings and making recommendations to the Board; and
WHEREAS, in 2022 the Governance Committee recommended, and the Board, approved certain changes to the bylaws that: (1) formalize the oversight of the Resolutions Committee; (2) ensure a more inclusive Nominating Committee by adding one committee member appointed from among Caucus Directors and one additional committee member appointed from among AtLarge Directors; (3) clarify that, unless the board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; and (4) make various non-substantive revisions; and
5 11.D.a
Packet Pg. 141 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual WHEREAS, the Cal Cities Board offers the following proposed amendments and additions to the bylaws, as set forth in the attached redlined version of the bylaws specified below, which is hereby incorporated by reference:

1. Amend Article VI, section 3(c) to designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee;

2. Amend Article VII, section 5(b) to adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members;

3. Amend Article VII, Section 10(d) to provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees;

4. Replace the title “Second Vice-President/Treasurer” with “Second Vice President” in Article VII, sections 2(a), 5(e), and 10(b); and Article VIII, sections 1, 2(c), and 4;

5. Replace the term “board member(s)” with “Director(s)” in Article VII, sections 5(b), 5(e), and 8; Article XII, section 5(c); and Article XV, section 4; and now therefore, be it
RESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in Long Beach on September 9, 2022, that the proposed bylaws amendments are hereby approved and Cal Cities shall make the specified amendments to the Cal Cities bylaws set forth in the attached redlined version of the bylaws.

See ATTACHMENT 1 for redline of proposed changes to the bylaws. 6 11.D.a
Packet Pg. 142 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual ATTACHMENT 1
Redline of Proposed Changes to Bylaws
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Packet Pg. 143 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual Bylaws for the
League of California Cities
…
Article VI. Resolutions
…
Section 3: Resolutions Committee for Annual Conference Resolutions. (a) Resolutions Committee Composition. The Cal Cities President establishes a Resolutions Committee sixty days prior to each Annual Conference, which committee shall consist of:
(i) One elected official from each regional division, appointed by the regional division;
(ii) One elected official from each policy committee, appointed by the policy committee;
(iii) One member from each functional department, appointed by the department;
(iv) One elected official from each caucus, appointed by the caucus; and (v) Up to ten additional members (at least five of whom are elected officials) as the Cal Cities President deems necessary to achieve geographic and population balance, as well as recognize the multiplicity of city functions not represented by the other appointments, including, but not limited to, the perspectives of board and commission members as well as professional staff.
(b) Presidential Appointments. In the event a regional division, policy committee, functional department, or caucus does not make its appointment to the Resolutions Committee, the Cal Cities President may make the appointment on the regional division’s, policy committee’s, functional department’s, or caucus’s behalf.
(c) Chair. The Cal Cities President shall also appoint to the Resolutions Committee a committee chair and vice chairSecond Vice-President shall serve as committee chair. The Cal Cities President shall also appoint to the Resolutions Committee a vice chair.
(d) Minimum Committee Size and Composition. In the event the full committee is not in attendance at the Annual Conference, the Cal Cities President shall appoint a sufficient number of city officials in attendance to achieve a total of thirty. No less than two-thirds of the members of the Resolutions Committee shall be elected officials.
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Packet Pg. 144 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual (e) Committee Consideration of Proposed Resolutions. Except for resolutions of courtesy, commendation, appreciation or condolence, no resolution expressing the opinion or policy of Cal Cities on any question may be considered or discussed by Cal Cities’ General Assembly, unless it has been first submitted to, and reported on, by the Resolutions Committee. …
Article VII: Board of Directors
…
Section 2: Composition.

The Cal Cities Board is composed of the following:
(a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year;
(b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President;
(c) Twelve Directors-at-Large,
(i) Who serve staggered two-year terms, and
(ii) At least one of whom is a representative of a small city with a population of 10,000 or less;
(d) One Director to be elected from each of the regional divisions, functional departments, and caucuses of Cal Cities, each of whom serves for a term of two years; and
(e) Ten Directors that may be designated by the mayors of each of the ten largest cities in California to serve two-year terms.
(f) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. (g) Directors hold office until their successors are elected and qualified. …
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Packet Pg. 145 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual Section 5: Nomination Process.
(a) Timing. The Cal Cities President, with the concurrence of the Cal Cities Board, shall establish a nominating committee at the first Board meeting of the calendar year in which the election is to occur.
(b) Composition. The nominating committee shall be comprised of eleven thirteen Board membersDirectors. ThreeTwo nominating committee members shall be At-Large Directors, and one shall represent a functional department, and one shall represent a caucus. Regional divisions shall be represented on the nominating committee on the following rotating basis:
(i) Even-Numbered Years: In even-numbered years, the Central Valley, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County
Regional Divisions shall be represented on the nominating committee. (ii) Odd-Numbered Years: In odd-numbered years, the Channel Counties, Inland Empire, Desert-Mountain, East Bay, Los Angeles County, Peninsula, Riverside County, and South San Joaquin Regional Divisions shall be represented on the nominating committee. (c) Nominating Committee Chair. The Cal Cities President shall appoint the chair of the nominating committee.
(d) Candidates for Positions Ineligible. Candidates for officer and at-large positions on the Cal Cities Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at-large position, the Cal Cities President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division. (e) Duties. The duties of the nominating committee are to:
(i) Member Outreach. Publicize the qualifications for the offices of Second Vice Vice-President/Treasurer and the at-large members of the Cal Cities Board to Cal Cities’ Member Cities;
(ii) At-Large and Second Vice-President Recommendations. Make recommendations to the Cal Cities Board on the following year’s Cal Cities officers and at-large board membersDirectors; and (iii) President and First Vice President Recommendation.

Recommend whether the previous year’s First Vice President 10 11.D.a
Packet Pg. 146 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual becomes President and the previous year’s Second VicePresident/Treasurer becomes First Vice President. (f) Notice to Members. An explanation of the nomination process and relevant deadlines for submitting nominations to the nominating committee shall be publicized in Cal Cities publications and communications throughout the year, along with the identity of nominating committee members once such members are appointed. In addition, the nominating committee shall inform the membership of the opening of the nominations for the following year when it makes its report to the general membership as provided in Article VI, Section 5(g) below.
(g) Decision and Report. The nominating committee’s recommendations shall be communicated to the Cal Cities Board not later than 30 days prior to the date of Cal Cities’ Annual Conference and again at the Annual Conference.

In addition, the nominating committee shall make its report to the membership at the opening general session of the Annual Conference. (h) Election. The election of Cal Cities Board officers and Directors-at-Large shall occur at a Cal Cities Board meeting at the Annual Conference as provided in Article VII, Section 4(c) and Article VII, section 3. …
Section 8: Meetings and Meeting Notice.
(a) Regularly Scheduled Board Meetings. The Cal Cities Board shall meet no fewer than four times a year. Notice of regularly scheduled Board meetings shall be mailed to each Director at least 14 days before any such meeting. (b) Emergency Board Meetings. A good faith effort shall be made to provide notice of any emergency board meetings (for example, by first-class mail, personal or telephone notification, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic means). (c) Telephonic or Electronic Participation. Members of the Cal Cities Board may participate in any meeting through the use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation in a meeting by this means constitutes presence in person at such meeting.
(d) Notice Content. All meeting notices shall include the meeting date, place, time, and, as applicable, the means by which a Cal Cities Board memberDirector may participate electronically.
…
11 11.D.a
Packet Pg. 147 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual Section 10: Committees.
(a) General. The Cal Cities Board may establish committees to study city problems, advise on Cal Cities educational efforts, make recommendations with respect to Cal Cities advocacy efforts, or to engage in other appropriate Cal Cities service.
(b) Executive Committee.
(i) Composition. The Executive Committee of the Cal Cities Board consists of the following: the Cal Cities President, First VicePresident, Second Vice-President/Treasurer, Immediate Past President and Executive Director.
(ii) Authority. The Executive Committee has authority to act for the Cal Cities Board between Board meetings, provided that no action of the Executive Committee is binding on the Cal Cities Board unless authorized or approved by the Board.
(c) Standing Policy Committees.
(i) Charge. Cal Cities shall have a series of standing policy committees, whose charge shall be to make recommendations to the Cal Cities Board on matters within the committees’ jurisdiction, as well as fulfill other duties specified in these bylaws (see, for example, Article VI, section 4(b)).
(ii) Membership. Each Cal Cities Policy Committee shall be comprised of the following:
• Two members appointed by each regional division president; • One member appointed by each functional department president; • One member appointed by each caucus president;
• No more than 16 members appointed by the Cal Cities President, to provide population and geographic balance, as well as expertise; and
• Such representatives of affiliate organizations in the capacity authorized by the Cal Cities Board.
(iii) Feedback. Policy committees shall receive information on actions taken on committee recommendations and the reasons for those actions.
12 11.D.a
Packet Pg. 148 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual (d) Committee Chairs and Vice Chairs. Unless the Cal Cities Board establishes otherwise, Tthe Cal Cities President appoints the chair of all CalCities-wide committees. The term of such appointments coincides with the Cal Cities President’s term. The Cal Cities President may appoint vice chairs for such committees, as the Cal Cities President deems necessary. …
Article VIII: Officers
Section 1: Identity.

The officers of Cal Cities are a President, a First Vice-President, a Second VicePresident/Treasurer, an Immediate Past President, and an Executive Director.

Section 2: Duties of Cal Cities Officers.
(a) President. The President presides at all Cal Cities Board meetings and all General Assemblies. The President has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board. (b) First Vice-President. The First Vice-President carries on the duties of the President in the President’s temporary absence or incapacity. The First VicePresident has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
(c) Second Vice-President/Treasurer. The Second Vice-President/Treasurer carries on the duties of the President in the President’s and First VicePresident’s temporary absence or incapacity. The Second VicePresident/Treasurer has such other powers and duties as may be prescribed by these bylaws or the Cal Cities Board.
…
Section 4: Vacancies.

A vacancy in the office of President is filled by the Immediate Past President who shall serve for the unexpired term of office and, upon election of a new President at the next Annual Conference, shall subsequently serve a full term as Immediate Past President.

In the event the Immediate Past President is not available to fill the vacancy in the office of the President, or declines in writing, it shall be filled by the succession of the First Vice-President to that office. A vacancy in the office of First Vice-President, or Second Vice-President/Treasurer, is filled for the un-expired term by appointment by the Cal Cities Board of a member of the Cal Cities Board. A vacancy in the office of the Immediate Past President is filled for the un-expired term by the last Past President continuing to hold a city office.
…
13 11.D.a
Packet Pg. 149 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual Article XII: Voting
…
Section 5: Mail Balloting.

In addition to voting at Cal Cities meetings, Cal Cities may solicit member input by mail ballot.
(a) Mailing.10 The question(s) to be voted upon, along with explanatory materials and a ballot, shall be mailed by first class mail to each Member City for consideration and action.
(b) Time Frame for Action. Member Cities shall have at least 45 days to cast their vote. Ballots shall be cast by returning the Member City’s ballot to Cal Cities’ principal office in Sacramento.
(c) Ballot Tabulation and Results Announcement. The Cal Cities President will appoint a counting committee of three board membersDirectors to count the votes cast by mail ballot. The counting committee will submit its count to the Cal Cities Board, which shall canvass the vote and announce the results. (d) Functional Departments, Regional Divisions, and Caucuses.

Departments, divisions, and caucuses may also use mail balloting under procedures specified in their respective bylaws.
…
Article XV: Prohibited Transactions
…
Section 4: Ethical Considerations.

These restrictions, of course, represent the floor, not the ceiling, for ethical conduct as a Cal Cities board memberDirector or policy committee member. If a board memberDirector or policy committee member believes that there are circumstances under which Cal Cities’ members might reasonably question the board member’sDirector’s or policy committee member’s ability to act solely in the best interests of Cal Cities and its member cities, the prudent course is to abstain. As an example, typically Cal Cities board membersDirectors have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member’sDirector’s city.

Policy committee members should also consider abstaining in similar circumstances. 10 The Administrative Services Committee recommends Cal Cities also include notice of the upcoming ballot in a variety of Cal Cities communications to alert Member Cities to make inquiry in the event a city’s ballot is lost in the mail. 14 11.D.a
Packet Pg. 150 Attachment: 2022-Annual-Conference-and-Expo-Proposed-Bylaws-Amendments (Direction to voting delegate for 2022 LOCC annual 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 23, 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. 151

Cotati City CouncilAugust 23, 2022

Cotati City Council
August 23, 2022