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Agenda packet

Cotati City Council
February 28, 2023

Document
Agenda packet
Meeting
February 28, 2023
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Cotati City Council
Pages
5
Original file
8.9 MB
Text extracted from the city's file for reading and search. Open the original on cotaticity.primegov.com. That file is the official record.

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday February 28, 2023
6:00 PM REGULAR 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.

Cotati City Council Meetings will be conducted in person in the Council Chamber, and, as a courtesy, participate virtually through Zoom Online video conferencing, and will 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 clicking the link below:
https://us02web.zoom.us/j/81830165733?pwd=djZCVGhjZkNVMS9ZeTQ4OVJkdWhEQT09 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:

Webinar ID: 830 7716 2905
Passcode: 387305
+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. ###
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 February 28, 2023

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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.

Closed Captioning/Live Transcription: This meeting will be transcribed live via the Zoom platform. Zoom attendees running Zoom version 5.0.2 or higher will be able to see the transcription at the bottom of their personal Zoom screen.

Learn more at https://support.zoom.us by searching “closed captions.” Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced. • Silence electronic devices, including cell phones.
• Audience members are advised to keep conversations to a minimum of conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area.
• The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2021-01 III.B.1.)
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.

Those wishing to address the Council are asked to complete a speaker card and give it to the Deputy City Clerk. When you are called, step to the podium and state your name and address for the record. 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
Members of the public can participate in the meeting at City Hall, 201 W. Sierra Ave, or online by clicking the following link:
https://us02web.zoom.us/j/83077162905?pwd=QXpSRCtwS2txS3BhN2tVekI0b0RR UT09

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 - FEB 14, 2023 6:00 PM Cotati City Council Agenda February 28, 2023

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5. ANNOUNCEMENTS
A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council will consider the item and citizens are afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish.

The City Council may, or may not, choose to respond to comments, as the Government Code allows. However, if the City Council declines to respond, it should not be perceived as giving credence to or agreeing with any statements that the City Council or its members believe are incorrect, misinformed or purposefully biased.

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org
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. APPROVAL OF FARMERS MARKET EVENT IN LA PLAZA PARK TO BE HELD WEDNESDAYS FROM JUNE 7TH THROUGH SEPTEMBER 27TH,
2023 IN LA PLAZA PARK
It is recommended that the City Council adopt a resolution:

1. Approving an event for Agricultural Community Events Farmers Markets to be held every Wednesday evening from June 7th through September 27th, 2023 in La Cotati City Council Agenda February 28, 2023

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Plaza Park; and

2. Authorizing the temporary street closure of La Plaza; and

3. The use of amplified live entertainment; and

4. Sales of food by vendors and food trucks; and

5. The sales of alcoholic beverages in La Plaza Park for the Markets; and

6. Subsidizing limited staff costs and City contribution in connection therewith.

B. APPROVAL OF 2023 ROLLIN' ROSIES CAR CLUB CAR SHOW
FUNDRAISER IN LA PLAZA PARK.

It is recommended that the City Council of the City of Cotati adopt a resolution approving the 2023 Rollin' Rosies Car Club Car Show Fundraiser in La Plaza Park.

C. ACCEPTANCE OF THE WAYFINDING SIGNAGE PROJECT - PHASE 2 (KIOSKS) PROJECT
It is recommended the City of Cotati City Council adopt a resolution accepting the Wayfinding Signage - Phase 2 (Kiosks) Project improvements, authorizing the City Clerk to file the Notice of Completion with the County Clerk, and authorizing the release of retention after the 35 day noticing period with no protests.

9. DIRECTION ON FUTURE AGENDA ITEMS

10. REGULAR AGENDA (ACTION)
A. MEASURE G ANNUAL REPORT AND LETTER FROM OVERSIGHT
COMMITTEE FOR FISCAL YEAR 2021/22
It is recommended that the City Council receive and file the Measure S Annual Report for Fiscal Year 2021/22, including the review letter by the Measure S Citizens' Oversight Committee.

B. RESOLUTION OF OPPOSITION TO INITIATIVE NO. 21-0042A1, THE

TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY
ACT.

It is recommended that the City Council adopt a Resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

11. CITY MANAGER'S REPORT

12. CITY COUNCIL MEMBER REPORTS

13. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

14. 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 Cotati City Council Agenda February 28, 2023

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after the agenda was posted, is attached below.

15. 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 February 24, 2023.
/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 City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday February 14, 2023
6:00 PM REGULAR MEETING

1. CALL TO ORDER
Mayor Harvey called the meeting to order at 6:00pm.

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

3. PLEDGE OF ALLEGIANCE

4. APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - JAN 24, 2023 6:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers

5. ANNOUNCEMENTS

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Minutes Acceptance: Minutes of Feb 14, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes February 14, 2023

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A. Meeting Orientation for New Attendees/Viewers. In conformance with the Brown Act and the adopted City Council Rules, the meeting agenda includes items labeled as Action Items, where the City Council will consider the item and citizens are afforded the opportunity to provide comments relevant to the item being discussed. The meeting agenda also includes a Citizens Business item, which is the designated place on the agenda where citizens have the right to say whatever they wish.

The City Council may, or may not, choose to respond to comments, as the Government Code allows. However, if the City Council declines to respond, it should not be perceived as giving credence to or agreeing with any statements that the City Council or its members believe are incorrect, misinformed or purposefully biased.

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org
C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to sign up with Nixle by downloading the Everbridge app from the IOS or Android app store or by texting your zip code (94931) to 888777.

D. Like always, we love to hear from you, so please feel free to contact the City at 707- 792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, and Nixle.

6. APPROVAL OF FINAL AGENDA (ACTION)
No changes.

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

Ramon Meraz of Generation Housing

8. CONSENT CALENDAR (ACTION)
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
A. ACCEPTANCE OF THE 2023 PAVEMENT PRESERVATION PROJECT

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Minutes Acceptance: Minutes of Feb 14, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes February 14, 2023

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B. REQUEST FOR CITY COUNCIL AUTHORIZATION TO SUBMIT AN
APPLICATION TO RECEIVE A "PRO-HOUSING" DESIGNATION FROM

THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT AND SUBMIT A GRANT APPLICATION FOR PILOT

PROGRAM FUNDS
C. APPROVAL OF 2023 COTATI CHAMBER OF COMMERCE MUSIC
FESTIVAL EVENT AND OKTOBERFEST EVENT IN LA PLAZA PARK.

D. APPROVAL OF 2023 CITY OF COTATI SUMMER MOVIES IN THE PARK, CAR SHOW, AND NATIONAL NIGHT OUT EVENTS IN LA PLAZA PARK.

E. APPROVAL OF 2023 CITY OF COTATI KIDS DAY EVENT IN LA PLAZA PARK.

F. LETTER OF SUPPORT FOR SONOMA CLEAN POWER'S DEPARTMENT

OF ENERGY GRANT TO IMPLEMENT A PILOT PROJECT AT GEYSERS

GEOTHERMAL FACILITY
G. AMENDMENT TO CONTRACT WITH ROCK SOLID FOR AGENDA AND

LEGISLATIVE MANAGEMENT SOFTWARE

9. DIRECTION ON FUTURE AGENDA ITEMS
Councilmember Sparks requested a future item for the Council to consider declaring racism a public health emergency, and to send a letter to the County Board of Supervisors requesting that they do the same.

10. PUBLIC HEARINGS (ACTION)
A. CONSIDERATION OF A RESOLUTION GRANTING APPROVAL OF

DESIGN REVIEW AND A COTTAGE HOUSING DEVELOPMENT PLAN

TO ALLOW THE CONSTRUCTION OF FOUR PRIMARY RESIDENTIAL
UNITS AND TWO ACCESSORY DWELLING UNITS (ADUS) AT 902 EAST COTATI AVENUE.

RESULT: APPROVED [UNANIMOUS]
MOVER: Kay Rivers, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Presentation by Senior Planner JP Harries
Councilmembers comment.

No public comment.

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Minutes Acceptance: Minutes of Feb 14, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes February 14, 2023

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Council provided feedback on the proposed project, and directed the applicant to modify the project to include a total of ten parking spaces (one for each bedroom), and to utilize open carports instead of enclosed garages. Additionally, Council directed City Staff and the applicant to work with Recology to minimize potential impacts to bicycles, pedestrians, and traffic flow associated with the pickup of trash/recycling/compost bins.

11. REGULAR AGENDA (ACTION)
A. MID-YEAR BUDGET REVIEW FOR FISCAL YEAR 2022-2023
Presentation by Director of Administrative Services Angela Courter.

Councilmembers comment.

No public comment.

B. REVIEW OF DRAFT CITY SEAL
Presentation by City Manager Damien O'Bid.

Councilmembers comment.

Public Comment:

Jenny Blaker of Cotati
Marie McNaughten of Cotati
Council provided the following feedback on the draft City Seals:
- Add a rooster to the weathervane on top of the bandstand. - Liked the oak trees in the scratchboard art example. If possible, would like to move trees closer to the Laguna, overhanging so it looks more like a creek while not obscuring the bandstand.
- Add reeds along the Laguna, like the scratchboard art concept, so it clearly looks like a stream and not a path.
- Try to incorporate both grassland and crop rows as a representation of previous native state and more recent agricultural history.
- Liked the hexagon, including it's orientation, as well as the placement of the banner and year of incorporation. However, when the next draft returns, present the hexagon with the rounded corners as well as sharp corners.
- Liked the Pomo basket weave around the border, similar to the seat wall at ORH/116, but requested staff confirm that the pattern is actually a basket weave pattern used by the local band of Pomo's.
- With the final draft, provide examples in both color and black and white, as well as at different scales, including a version at the scale this will generally be used for letterhead, business cards, etc.

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Minutes Acceptance: Minutes of Feb 14, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes February 14, 2023

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C. RECOMMEND APPOINTMENT TO BOARD OF TRUSTEES FOR THE

MARIN/ SONOMA MOSQUITO & VECTOR CONTROL DISTRICT
RESULT: APPROVED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Presentation by City Manager Damien O'Bid.

Councilmembers comment.

No public comment.

Council approved a motion to appoint Mayor Susan Harvey to a four year term.

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

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

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
Public Comment:

Neil Hancock of Cotati

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

16. ADJOURNMENT
Mayor Harvey adjourned the meeting at 8:31pm.

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Minutes Acceptance: Minutes of Feb 14, 2023 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: Approval of Farmers Market Event in La Plaza Park to be Held Wednesdays from June 7th through September 27th, 2023 in La Plaza Park
Date: February 28, 2023
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council adopt a resolution:

1. Approving an event for Agricultural Community Events Farmers Markets to be held every Wednesday evening from June 7th through September 27th, 2023 in La Plaza Park; and

2. Authorizing the temporary street closure of La Plaza; and

3. The use of amplified live entertainment; and

4. Sales of food by vendors and food trucks; and

5. The sales of alcoholic beverages in La Plaza Park for the Markets; and

6. Subsidizing limited staff costs and City contribution in connection therewith.

Background
Agricultural Community Events Farmers Markets is a 501(c)(5) non-profit company which operates a number of farmers’ markets in the region. It currently operates markets in Santa Rosa, Marinwood, Glen Ellen, Rohnert Park, Petaluma, Downtown Novato and Fairfax. This will be its tenth year operating the Cotati Farmer’s Market. Agricultural Community Events Farmers Markets has proposed a market format very similar to that of past years and will host many of the same vendors. A full description of event operations and a map of activities are attached to the resolution as Exhibit B.

Analysis/Discussion
Agricultural Community Events is proposing a 2023 Wednesday night market season (“Event”) beginning on June 7
th and ending September 27th between the hours of 4:30pm to 7:30pm (Park use hours include set up and tear down, 2:00pm to 9:00pm). The Farmers Market would have exclusive use of La Plaza Park and is requesting the option of street closure of La Plaza between

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West Sierra and West Cotati if necessary and exclusive use of parking spaces adjacent to the park on La Plaza between Old Redwood Highway and West Cotati Avenue. In addition to the sales of produce and food sales by food trucks and vendors, there will be sales of crafts and other goods, amplified live entertainment and alcoholic beverage sales.

California Vehicle Code Section 21101 (e) authorizes the temporary closing of any street for celebrations, parades, local events and other purposes when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. The Police Department will notify the appropriate public agencies and emergency response agencies of the street closures if they do take place.

The attached letter from Agricultural Community Events Farmers Markets outlines a variety of logistical requests of the City (see items numbered 1-5) and a request to pay 50% of the associated fees per Park Use Permit Policy. Required fees and deposits for use of La Plaza Park (“Park”) for non-residents are an application fee of $50, a use fee of $200/day for events with 249 or less attendees and a deposit of $250/day which is refundable if the Park is left clean and undamaged. For the weekly events, over 17 weeks, the staff recommends that the City collect twice the normal daily damage deposit of $250 ($500 total), which would be held until the end of the Farmers Market season. The total use fee for the 17 week event for non-profits $25 for the application fee, $100/event day (50% reduction from $200/day, per the City Park Use Policy), for a season total of $1725. However, given that the City is a partner in this event, staff recommends a contribution for this event of $500, lowering the season total to $1225.

In order to keep City support costs to a minimum, staff is proposing that Agricultural Community Events Farmers Markets be responsible for its own equipment (including tables, chairs, barricades, signs and traffic cones) and parking space closures. This will eliminate the need for Public Works staff to assist with weekly set up or monitor return of City property.

Public Works staff would absorb the cost of installing and removing the four market signs at the City’s gateways and the banner across Old Redwood Highway (estimated cost, $300) at the beginning and end of the Farmers Market season. Other requested work, such as coordinating landscape schedules, and bee traps are routine activities.

Lastly, if approved by the City Council, the Farmer’s Market will be designated as a Citysponsored event, which will also allow them to use garbage/recycling/compost bins at no-cost.

The City is allotted ten (10) annual “free” service events in the Recology Franchise Agreement.

Historically, the City has requested free service for the following events as part of City sponsorship:

1. Cotati Music Fest (Chamber event)

2. Kids Day (City event)

3. Cotati Accordion Fest (CAF event)

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4. Oktoberfest (Chamber event)

5. Holiday Tree Lighting (City event)

6. Downtown Shop & Stroll (Farmers Market Event)

7. Temporary cans in La Plaza Park from June-September, which includes the Farmers Market, movie nights, and National Night Out.

Other events that staff are aware of that may request/need additional solid waste service are:

8. Cotati Candyland – The City hasn’t requested cans in the past but it may be needed in the future in areas outside of La Plaza Park.

9. Creek Week – The City has been borrowing cans from La Plaza Park, but depending on the size of the future event, we may need to request special service in the future.

10. Historical Society BBQ – This event hasn’t taken place since 2019 but they may request/require additional service as they restart this event.

As a City Sponsored Event, it is expected that the organizer will prominently feature the City of Cotati as an event sponsor on all advertising and marketing materials.

Financial Considerations
The City would collect a total of $1225 for this event, plus a refundable deposit of $500. Total cost to the City in the form of waived fees and staff time to support the proposed 17-night event is estimated to be $300, with a $500 contribution, for a total City support of $800 which will be funded by the City Council contributions account.

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.

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

AN EVENT FOR AGRICULTURAL COMMUNITY EVENTS FARMERS MARKETS TO BE HELD EVERY WEDNESDAY FROM JUNE 7TH THROUGH SEPTEMBER 27TH, 2023; AUTHORIZING THE TEMPORARY CLOSURE OF CERTAIN STREETS;

AUTHORIZING THE USE OF AMPLIFIED LIVE ENTERTAINMENT, FOOD TRUCK AND FOOD AND GOODS SALES FROM VENDORS; AND SALE OF ALCOHOLIC BEVERAGES IN LA PLAZA PARK; AND STAFF TIME SUBSIDY AND
PARTNERSHIP CONTRIBUTION TO FACILITATE THESE EVENTS.

WHEREAS, on January 26, 2023, Agricultural Community Events Farmers Markets submitted an application to the City for a series of Farmers’ Markets (the “Event”) to be held in La Plaza Park; and
WHEREAS, California Vehicle Code Section 21101(e) authorizes temporary street closures if necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and
WHEREAS, good cause exists for the temporary closing of certain streets and parking spaces, as identified in Exhibit B, attached hereto and incorporated herein by reference; and WHEREAS, the Chief of Police will contact the Rancho Adobe Fire Protection District, ambulance service providers, bus service providers, and others who may need ingress, egress, or the ability to traverse the affected area and will reasonably provide for their needs; and WHEREAS, the City Council finds that this event is part of a comprehensive economic development strategy by the City of Cotati in that it increases visitation to the City, promotes the Cotati community and results in increased sales tax revenues; and WHEREAS, the City Council finds that the health, safety, and welfare of the citizens of the City of Cotati will not be jeopardized by the approval of this event; and WHEREAS, the event organizers have been conditioned to provide evidence of their ability to serve alcohol responsibly and in conformance with all rules and regulations of the California Department of Alcoholic Beverage Control and conditioned to return the park to its prior condition of cleanliness and repair as set forth in Exhibit A attached hereto; and WHEREAS, staff time to facilitate the Event can be absorbed within the adopted budget; and
WHEREAS, in accordance with the adopted Park Use policy, groups with an IRS nonprofit designation, or other governmental organizations, can request a 50% discount in the permit fees if there are no admission fees associated with the planned event; and WHEREAS, the action of approving a series of Farmers Market events does not Packet Pg. 14
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 by the City Council of the City of Cotati as follows:

Section 1. The 2023 Agricultural Community Events Farmers Markets event is approved, including the use of amplified live entertainment and the sales of food and alcoholic beverages in La Plaza Park, as more specifically described in and subject to the Conditions of Approval attached hereto as Exhibit A and incorporated herein by reference; and Section 2. The temporary closing of the specified streets or parking spaces is necessary for the safety and protection of person who are to use that portion of the street during the temporary closing; and
Section 3. The Chief of Police is directed to oversee certain temporary street closures if needed, as described in the applicant’s Event description and Exhibit B attached hereto, and to communicate the needed temporary street closure and traffic rerouting to fire, ambulance, and other emergency providers, including a plan for accessibility; and Section 4. The estimated cost of City staff time ($300), City Council contribution of $500 as event partners, and 50% fee waivers (per the City Park Use Policy), as described in the accompanying Staff Report, is hereby approved to facilitate the Event.

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 February 28th, 2023, by the following vote, to wit:

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

Exhibit A Conditions of Approval Farmers Market (PDF)
Exhibit B Farmers Market Application 2023 (PDF)
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“EXHIBIT A”

CONDITIONS OF APPROVAL
Agricultural Community Events Farmers Markets 2023

1. The applicant shall provide the City with evidence of the proper insurance 30 days prior to the event.

2. The City of Cotati shall arrange for trash, recycling, and compost bins to be delivered and collected.

3. The applicant shall ensure the public facilities (park, parking spaces, and streets) are cleaned and returned to pre-event condition by 10:00 pm on the night of the event.

4. The event shall be carried out as described in the written descriptions submitted by the applicant and in compliance with these Conditions of Approval.

5. The applicant is granted exclusive use of La Plaza for the event.

6. The applicant shall provide evidence of the proper Department of Alcoholic Beverage Control (ABC) license as well as evidence of server training. The City authorizes the sale and consumption of beer and wine only.

7. The applicant shall obtain the required permits and follow all regulations from the Sonoma County Environmental Health Department, and shall ensure each food vendor complies with Health Department requirements.

8. The applicant shall ensure that all vendors follow Cotati Municipal Code 8.20.030 (Prohibited food service ware and products), which bans the selling or serving of food ware that contains polystyrene foam or PFAS.

9. The applicant shall contact the Rancho Adobe Fire Protection District and comply with any permit requirements of the District.

10. The organizer shall prominently feature the City of Cotati as an event sponsor on all advertising and marketing materials.

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Attachment: Exhibit A Conditions of Approval Farmers Market [Revision 1] (2023 Farmers Market Resolution)

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Attachment: Exhibit B Farmers Market Application 2023 (2023 Farmers Market Resolution)

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Attachment: Exhibit B Farmers Market Application 2023 (2023 Farmers Market Resolution)

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Attachment: Exhibit B Farmers Market Application 2023 (2023 Farmers Market Resolution)

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Attachment: Exhibit B Farmers Market Application 2023 (2023 Farmers Market Resolution)

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Attachment: Exhibit B Farmers Market Application 2023 (2023 Farmers Market Resolution) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Approval of 2023 Rollin' Rosies Car Club Car Show Fundraiser in La Plaza Park.

Date: February 28, 2023
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council of the City of Cotati adopt a resolution approving the 2023 Rollin' Rosies Car Club Car Show Fundraiser in La Plaza Park.

Background
The Rollin’ Rosies Car Club is an all-female car club based in Sonoma County. They are a 501c3 nonprofit organization supporting mental health awareness and suicide prevention in the community.

They are proposing to host their large fundraiser event this year in La Plaza Park for the first time. Last year, they hosted a similar event in a different location and were recognized by Senator Mike McGuire for their efforts and featured in The Press Democrat.

Given its prime location, they are proposing to host this year’s event on Saturday, May 6th, in La Plaza Park.

Analysis/Discussion
Rollin’ Rosies Car Clubs has requested the following: 1) exclusive use of La Plaza Park; 2) food truck and vendor sales of food and beverages; 3) live, amplified entertainment; 4) alcoholic beverage sales; 5) street closures of La Plaza between West Sierra Ave and Old Redwood Highway.

The event is a “Poker Run” fundraiser event, which begins in Healdsburg and travels to four or five other stops, will end in La Plaza Park, where they will have live music, food, and drink vendors. Classic cars will be parked on La Plaza Street between Old Redwood Highway and West Sierra Avenue, as well as in the public parking lot adjacent to the park on West Sierra Avenue.

This event is family friendly and free to the public to attend but there will be a fee charged to participants of the “Poker Run” portion of the event. The event will be feature music and vendors

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between 2:00pm-6:00pm. Rollin’ Rosies Car Club is requesting exclusive use of the park, closed street/parking lot, and bandstand from 12:00pm-7:00pm to allow for setup, breakdown, and cleanup. They will remain in the park until 8:00pm for cleanup but the street and parking lot can reopen by 7:00pm. The event at La Plaza Park will be free of charge to attend. The event will include vendors and food trucks selling food, beverages, and merchandise. Alcoholic beverages will be sold in association with the festival.

Rollin’ Rosies Car Club has reviewed the City’s insurance requirements and has indicated that they will provide adequate insurance. A Condition of Approval has been included which requires proof of insurance be supplied to the City before the event.

A Condition of Approval has been included which requires a California Department of Alcohol and Beverage Control approved temporary permit to allow for the sale of alcohol to be supplied to the City before the events.

Financial Considerations
Rollin’ Rosies Car Club has requested fee waivers for their event. Financial considerations for the City would be a 50% fee waiver per the City Park Use and Special Event Policy since they are a registered nonprofit organization.

In accordance to the Park Use and Special Event Policy, fees will be assessed as follows:
$25 – Special Event Application Fee
$351 – Small Street Closure Fee
$100 – Medium Event Non-Resident Permit Fee
TOTAL FEE: $476 ($952 prior to 50% fee waiver)
Special Event Refundable Security Deposit - $250
TOTAL DEPOSIT: $250
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.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING THE 2023 ROLLIN' ROSIES CAR CLUB CAR SHOW FUNDRAISER EVENT IN LA PLAZA PARK.

WHEREAS, the Rollin’ Rosies Car Club submitted an application to the City for the Car Show Fundraiser on November 5, 2022; and
WHEREAS, it will be necessary to conform to certain conditions as described in “Exhibit A,” attached hereto, to facilitate this event; and WHEREAS, the City Council finds that this event is part of a comprehensive economic development strategy by the City in that it will increase visitation to the City, promote the Cotati community and result in increased sales tax revenues; 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 this event; and WHEREAS, the application for these events is attached as Exhibit B; and WHEREAS, in accordance with the adopted Park Use policy, groups with an IRS nonprofit designation, or other governmental organizations, can request a 50% discount in the permit fees if there are no admission fees associated with the planned event; and WHEREAS, the action of approving a Car Show Fundraiser event 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 by the City Council of the City of Cotati as follows:

Section 1. Findings. The above recitals are declared to be true and correct and are incorporated herein as findings of the City Council.

Section 2. Approval of Conditions. The City Council hereby approves the conditions of approval for these events, attached as Exhibit A.

Section 3. Approval of Fee Waivers for Cotati Chamber of Commerce. The 50% fee waivers (per the City Park Use Policy), as described in the accompanying Staff Report, is hereby approved to facilitate these events.

Section 4. Effective Date of this Resolution. This Resolution shall become effective immediately.

Section 5. Severability. 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, Packet Pg. 24
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 February 28th, 2023, by the following vote, to wit:

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

EXHIBIT A Conditions of Approval Rollin' Rosies Car Club Car Show 2023 (PDF) Exhibit B Rollin' Rosies Car Club Car Show Application (PDF) Packet Pg. 25

EXHIBIT A

CONDITIONS OF APPROVAL

1. The applicant is granted exclusive use of La Plaza Park from Saturday, May 6 th
, 2023, at
12:00 p.m. through 8:00 p.m. for the event scheduled from 2:00 p.m. to 6:00 p.m. This approval includes amplified live entertainment.

2. The applicant shall submit a deposit of $250 within 30 days of approval of this event.

3. Applicant shall provide the City with proof of insurance for all events and vendors, as required, to the satisfaction of the City, prior to the event.

4. Applicant shall provide the City with a map of the event, specifically where vehicles will be parked for the car show, no later than 7 days prior to the event.

5. Applicant shall obtain a Daily License from the Department of Alcoholic Beverage Control (ABC). The City authorizes the sale and consumption of beer and wine and margaritas only; a copy of the license, as well as evidence of responsible beverage service training, shall be provided to the City prior to the event date.

6. Applicant shall notify all neighboring businesses and residents of the event and street closures, no later than 14 days prior to the event.

7. The applicant shall obtain the required permits and follow all regulations from the Sonoma County Environmental Health Department, and shall ensure each food vendor complies with Health Department requirements.

8. The applicant shall ensure that all vendors follow Cotati Municipal Code 8.20.030 (Prohibited food service ware and products), which bans the selling or serving of food ware that contains polystyrene foam or PFAS.

9. The applicant shall comply with all local, state, and federal laws regarding trash, recycling, and composting collection and sorting.

10. The applicant shall ensure the public facilities (park, parking spaces, and streets) are cleaned completely and returned to pre-event condition within 2 hours of event end time.

11. The event shall be carried out as described in the written descriptions submitted by the applicant and in compliance with these Conditions of Approval.

12. The applicant shall contact the Rancho Adobe Fire Protection District and comply with any permit requirements of the District.

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Attachment: EXHIBIT A Conditions of Approval Rollin' Rosies Car Club Car Show 2023 [Revision 1] (2023 Rollin' Rosies Car Club Car Show

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Attachment: Exhibit B Rollin' Rosies Car Club Car Show Application (2023 Rollin' Rosies Car Club Car Show Fundraiser Resolution)

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Attachment: Exhibit B Rollin' Rosies Car Club Car Show Application (2023 Rollin' Rosies Car Club Car Show Fundraiser Resolution)

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Attachment: Exhibit B Rollin' Rosies Car Club Car Show Application (2023 Rollin' Rosies Car Club Car Show Fundraiser Resolution)

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Attachment: Exhibit B Rollin' Rosies Car Club Car Show Application (2023 Rollin' Rosies Car Club Car Show Fundraiser Resolution) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Acceptance of the Wayfinding Signage Project - Phase 2 (Kiosks) Project Date: February 28, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution accepting the Wayfinding Signage - Phase 2 (Kiosks) Project improvements, authorizing the City Clerk to file the Notice of Completion with the County Clerk, and authorizing the release of retention after the 35 day noticing period with no protests.

Background
The City of Cotati maintains, and when possible, improves and expands the network of multi-use trails, bike lanes and bike routes within Cotati. Some of these facilities are local to our residents and others are components of a larger, regional system, providing alternative transportation opportunities to county users.

The City adopted an updated Bicycle and Pedestrian Master Plan in 2014. The plan identifies the need for a signage program and lists it as a high priority project. A signage program for bicycles is also listed as a high priority (Priority 1) project in the Downtown Specific Plan, adopted in 2009.

On June 28, 2017, the City was awarded a $90,000, TDA grant. The City used this funding to design a system of Wayfinding signage including informational kiosks. The design effort included a series of public workshops. Following completion of design, City local funding was used to construct the signage Project elements and, due to limited funding, the kiosks were not constructed with the initial phase of construction. The second construction phase consists primarily of kiosks and informational signage.

Analysis/Discussion
The Wayfinding Signage Project (Project) work has been completed and is recommended for City Council acceptance. The Project generally consists of the fabrication and installation of thirteen wayfinding signs/kiosks and mounting interpretive information panels on the kiosks. The kiosks are located near City Hall/Civic Center Park, La Plaza Park, and then three in the downtown area along Old Redwood Highway. The kiosks have a combination of wayfinding/map information and interpretive panels.

The construction contract was awarded on July 27, 2021, and field work began in early 2022,

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following the fabrication of the signs and approval of kiosk materials submitted by the contractor. Final inspection was completed on January 26, 2023, and the work was determined to be substantially completed in accordance with the Project requirements and the City Engineer is recommending the Project for acceptance by City Council. Following City Council Acceptance, a Notice-of-Completion is to be filed with the County Recorder and, after thirty-five days, if no protests ae received, the City is to release the retention to the Contractor.

Note that the interpretive panels have not yet been finalized and installed due to lack of response from the Federated Indians of Graton Rancheria (FIGR). Given the indeterminate amount of time needed to get this feedback and the already protracted construction schedule, staff directed the contractor to create placeholder panels with the city logo on them reduce the on-going tagging (attractive nuisance) and to release the contractor. When the City receives feedback from FIGR at some point in the future, the City will finish the interpretive panels and have them installed by Public Works.

Financial Considerations
The City’s adopted FY21/22 budget includes $250,000 for the Project. This budget was carried over into FY22/23 and adjusted to $307,545 upon award of the construction contract. All work was completed and professional services provided for a total amount of $306,779, which is below the authorized budgeted amount. Remaining funds will be returned to the unappropriated General Fund balance.

Environmental Issues
The Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under section 15301 Existing Facilities as the signage constitutes minor alterations to existing facilities; and under Section 15311 accessory structures including signs.

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RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE WAYFINDING SIGNAGE - PHASE 2 (KIOSKS) PROJECT IMPROVEMENTS,

AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION

WITH THE COUNTY CLERK, AND AUTHORIZING THE RELEASE OF
RETENTION AFTER THE 35 DAY NOTICING PERIOD WITH NO PROTESTS.

WHEREAS, the City of Cotati maintains, and when possible, improves and expands the network of multi-use trails, bike lanes and bike routes within Cotati, and some of these facilities are local to our residents and others are components of a larger, regional system, providing alternative transportation opportunities to county users; and WHEREAS, the City adopted an updated Bicycle and Pedestrian Master Plan in 2014, and the plan identifies the need for a signage program and lists it as a high priority project, and a signage program for bicycles is also listed as a high priority (Priority 1) project in the Downtown Specific Plan, adopted in 2009; and
WHEREAS, on June 28, 2017, the City was awarded a $90,000 TDA grant, and the City used this funding to design a system of Wayfinding signage including informational kiosks, and the design effort included a series of public workshops; and WHEREAS, following completion of design, City local funding was used to construct the signage Project elements and, due to limited funding, the kiosks were not constructed with the initial construction, and the second phase of construction was initiated to consist primarily of kiosks and informational signage; and
WHEREAS, the Wayfinding Signage Project (Project) work has been completed and is recommended for City Council acceptance, and the Project generally consists of the fabrication and installation of thirteen wayfinding signs/kiosks and mounting interpretive information panels on the kiosks; and
WHEREAS, the kiosks are located near City Hall/Civic Center Park, La Plaza Park, and three in the downtown area along Old Redwood Highway, and the kiosks have a combination of wayfinding/map information and interpretive panels; and WHEREAS, the interpretive panels are not yet complete and placeholder panels have been installed in their place, and when the interpretive panels are ready will be switched out with the placeholder panels; and
WHEREAS, the construction contract was awarded on July 27, 2021, and field work began in early 2022, following the fabrication of the signs and approval of kiosk materials submitted by the contractor; and
WHEREAS, final inspection was completed on January 26, 2023, and the work was determined to be substantially completed in accordance with the Project requirements and the City Engineer is recommending the Project for acceptance by City Council, and following City Council Acceptance, a Notice-of-Completion is to be filed with the County Recorder and, after thirty-five days, if no protests ae received, the City is to release the retention to the Contractor; and
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WHEREAS, the City’s adopted FY21/22 budget includes $250,000 for the Project, and this budget was carried over into FY22/23 and adjusted to $307,545 upon award of the construction contract; and
WHEREAS, all work was completed and professional services provided for a total amount of $306,779, which is below the authorized budgeted amount, and remaining funds will be returned to the unappropriated General Fund balance; and WHEREAS, the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under section 15301 Existing Facilities as the signage constitutes minor alterations to existing facilities; and under Section 15311 accessory structures including signs.

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

1. Accepts the contract work performed on the Wayfinding Signage – Phase 2 (Kiosks) Project; and

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

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

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the February 28th, 2023, by the following vote, to wit:

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

Notice of Completion (PDF)
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After recording, return to:

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

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

1. The City Council of the City of Cotati has accepted the improvements at the City Council meeting of February 28, 2023, for the Wayfinding Signage – Phase 2 (Kiosks) Project. The nature of the City of Cotati’s interest, as owner, of the property is as public right-of-way.

2. The improvements were completed and deemed complete by the Director of Public Works/City Engineer on January 26, 2023.

3. The name of the original contractor for the work of improvement was Aloha Electric Sign Company for a total constructed amount of $248,322.

4. The Contractor has provided the City with a maintenance bond and guaranty in the amount of 10 percent of the construction contract amount ($24,832) for a period of one (1) year from the date of City Council acceptance of the improvements.

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

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

Dated: _________________ ___________________________
Craig A Scott
City Engineer/Public Works Director
T:\PROJECTS\Departments\Streets\West Side Street Project\Construction\Closeout\NOC.doc

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Attachment: Notice of Completion (Acceptance of Wayfinding Project) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Measure G Annual Report and Letter from Oversight Committee for Fiscal Year 2021/22
Date: February 28, 2023
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council receive and file the Measure S Annual Report for Fiscal Year 2021/22, including the review letter by the Measure S Citizens' Oversight Committee.

Background
In 2014, a majority of Cotati voters passed Measure G, a one cent (1.0%) local revenue measure to support essential City services for Cotati residents. Measure G has provided the City with a guaranteed source of local funding for local City services that cannot be taken by the state and has helped maintain the financial viability of the City.

In November 2020, a majority of the voters in Cotati approved Measure S, which continued the same 1.0% transaction sales tax for essential City services. All other aspects of the former Measure G remained as-is, including annual audits and an independent citizen oversight committee that would continue to review expenses annually in a public meeting and report to the City Council. Therefore, other than the designation of Measure S rather than Measure G, all functions and duties of this oversight committee continued. On January 11, 2022, the City Council formally approved the name change to Measure S for the Citizen’s Oversight Committee.

Analysis/Discussion
The Measure S Oversight Committee held a public meeting on Tuesday, February 21, 2022, to review the revenues and expenditures for the Measure funds. Fiscal year 2021/22 is the first full year of revenues under Measure S as it replaced the former Sales Tax called Measure G.

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After the Committee reviewed of the audited Measure S revenues and expenditures for Fiscal Year 2021/22, they found that the program expenditures followed the intent and letter of Measure S (Cotati Municipal Code Chapter 3.05, Transactions and Use Tax), and followed the City Council’s intent as outlined in the strategic planning goals for Fiscal Year 2021/22. The annual Measure S report is attached to the staff report and is additionally linked on the City’s website (www.cotaticity.org).

Financial Considerations
None
Environmental Issues
Under CEQA Guidelines 15060(c)(2)-(3) and 15378, subdivisions (2) and (4) of subdivision (b), a revenue measure does not constitute a project under CEQA and therefore review under CEQA is not required.

Attachments:

Measure S Citizens' Oversight Committee Letter to Council for Fiscal Year 2021-22 (PDF) Measure S Report For Fiscal Year 2021/2022 (PDF)
Measure S Presentation For Fiscal Year 2021/2022 (PDF)
Public Comment (PDF)

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Attachment: Measure S Citizens' Oversight Committee Letter to Council for Fiscal Year 2021-22 (Receive and File Measure S Report and Letter

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Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

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Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

GET TO KNOW YOUR VOTER

APPROVED TAX MEASURE
WHY DID THE CITY COUNCIL PLACE MEASURE S ON THE BALLOT IN 2020? In response to the severe economic recession and the State redistribution of funding through the Redevelopment Dissolution, the City aggressively cut expenses, including a 28% reduction in staffing, elimination of the Recreation Department, voluntary staff salary cut of 14%, cut back or elimination of all contract services, and a general 11% reduction in General Fund expenditures. At that time, the City also was a leader in the state in establishing a new benefit and pension tier for new employees, to reduce future expenses.

In addition to the cuts in expenses, in 2009 the voters of Cotati also approved Measure A, a ½-cent sales tax for 5 years to maintain basic City services through the recession. Even with the additional revenue from Measure A and the City cuts in expenses, the unexpected loss of funding because of the State dissolution of Redevelopment, coupled with a much slower than expected economic recovery, resulted in the City being able to only maintain basic services with no capacity for non-emergency projects. As Measure A was nearing its expiration, the City was again facing the possibility of losing our locally controlled Police Department, and the very viability to continue as a city separate from Rohnert Park or the County was a deep concern.

In response, the City Council declared a State of Emergency on February 11, 2014, putting Measure G on the ballot.

On June 3, 2014, the voters of Cotati passed Measure G, the Cotati Essential City Services Measure.

At the time Measure G was placed on the ballot, the State had taken hundreds of thousands of dollars in funds from Cotati’s budget, which directly affected the General Fund. The General Fund supports all the basic functions of a city including police services, road maintenance, park maintenance, and other essential city services. Just like most cities in California, the economic downturn and declining property values dramatically reduced sales tax and property tax revenues in Cotati.

In 2020, with the continued economic crisis around the Covid-19 epidemic, the City once again took the same Measure to the community. This new Measure S continued existing, voter-approved locally controlled funding with no increase in tax rate. Measure S funding would continue to stay local, and none could be taken by the State.

Cotati City Hall

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Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) HOW MUCH DOES A 1-PERCENT SALES TAX COST ME?
A 1-percent sales tax adds $1 on a $100 purchase for some purchases. Purchases such as food and medicine are exempted from the sales tax. Some of the largest sales tax sources in Cotati include Lowes, Oliver’s Market, and our gas stations, collect a significant portion of their sales taxes from visitors to Cotati, which benefits our residents and the visitors who use the City services and infrastructure. The revenue from Measure S is used to protect the essential services Cotati residents rely on and assist in the implementation of key improvements desired by the community.

DO FUNDS FROM MEASURE S STAY IN COTATI?
Yes. Measure S funds stay local. Measure S Sales Tax dollars cannot be taken by the State and can only be spent for Cotati and its residents.

WHAT DOES THIS LOCAL SOURCE OF FUNDING PROVIDE FOR COTATI? The City of Cotati uses the funds from Measure S to maintain essential City services for our community. Essential City services include the core services needed to run a City, including improved community services, preserving our local police department, recreational opportunities, and maintenance of public
infrastructure, including streets and pothole repair. With the additional public safety funding, it also increases the number of officers on duty and helps maintain crime prevention and investigation services. Measure S can also be used to leverage grant funds and key infrastructure projects such as street maintenance, storm drain maintenance, and improvements to parks and other City facilities.

WHAT OVERSIGHT PROVISIONS ARE IN PLACE?
The City has established an independent Citizens’ Oversight Committee that meets annually to review expenditures for Measure S and help make sure that every penny supports voter-approved priorities. This committee is an advisory body comprised of five members that are appointed by the City Council in a public process. Their involvement will help ensure that funds will continue to be spent responsibly on services provided by the City for purposes that benefit the citizens of Cotati.

Additionally, all receipts of funds and expenditures are subject to audit by an independent auditing firm. The audited statements of revenues and uses are included within the City’s Annual Comprehensive Financial Report and the excerpted statement is included within this annual report.

Cotati Police Department

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Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) WHAT MAKES UP THE TOTAL SALES TAX RATE?
As of June 30, 2022, the total sales tax rate in Cotati was 9.50% and is broken by recipients as follows:

California Sales and Use Tax Rates as of April 1, 2022
State 6.000%
County Transportation Funds 0.250%
Local-City of Cotati (Bradley Burns) 1.000%
Total State-Wide Sales and Use Tax Rate 7.250%
County* 1.250%
Measure S (formally Measure G) 1.000%
Total Sales Tax Rate in Cotati 9.500%
Detail of County Special Taxes
Sonoma County Library Maintenance Restoration Enhancement Act (SCLM) 0.125% Sonoma County Parks & Safety TT (SCPS) 0.125%
Sonoma County Mental Health & Homeless Services (SOMT) 0.250% Sonoma County Transportation Authority (SCTA) 0.250%
Fractional Code - SMART in Sonoma County (SMRT) 0.250%
Sonoma County Agricultural Preservation & Open Space District (SAPD) 0.250% Total 1.500%
State-Sales and Use
Tax, 6.00% State-County
Transportation
Funds, 0.25%
Local-City of Cotati
(Bradley Burns),

1.00%
County-Various
Special Sales Taxes,

1.25%
Local-Measure S,

1.00%
Breakdown of Cotati Sales Tax Rate

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Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

SUMMARY OF PUBLIC BENEFIT
In 2021/22 the City received $3,170,507 in Measure S funding. The passage of Measure S continues to stabilize the City budget and allowed the City to deliver on the expectations and desires of our community. This includes enhanced services in public safety and infrastructure maintenance, as well as continuing Recreation department and all their programing, which was made possible by Measure G, and is the reason the City can make significant investments in streets repaving, traffic safety, and building and park improvements.

PUBLIC SAFETY
Without a positive sense of public safety in our community, it can be difficult to bring in new business or families.

Measure S continues to enable the City to preserve our own Police Department by funding core operations and enabling key improvements to public safety, including hiring a full-time police officer and adding a traffic officer assignment starting in FY 2014/15. The City also added a Police Services Aide and a full-time dispatcher, as well as continuing to fund ongoing departmental operations. Maintaining the local police department also opened the opportunity to provide emergency dispatch services to Sonoma State University. The revenue from this shared services agreement has also allowed the hiring and continuation of an additional police officer and a part time dispatcher since FY 2017/18.

Other elements of the public safety program are intended to improve community safety. This includes things such as street safety and lighting projects.

The City Council’s primary focus during FY 2021/22 was to continue to improve the overall level of public safety services in the City while supporting continued covid operations. The following is a summary of Measure S expenditures under the Public Safety Program:

1. The City continued to fund ongoing operations to preserve our local Police Department.

2. Completed installation of the backup emergency equipment, including updating the Civic Center generator to ensure continuous backup power during emergencies.

3. Investment in green energy by purchasing and upfitting the departments first all-electric police vehicle and related charging infrastructure to support future vehicle replacements.

4. Continued work with the California Office Of Traffic Safety and finalization of the Local Hazard Mitigation Plans and support the Engineering Department with the finalization of the Local Road Safety Plan.

5. Collaborated with Rohnert Park and Petaluma People Services to establish Specialized Assistance For Everyone (SAFE) Team services which provide emergency crisis response to our community.

6. Continued investments in traffic safety with the installation of RRFB lighting at Benson Lane at Laguna Creek, replacing the signal controller cabinet at ORH and Valparaiso which allows for a Battery Backup system with a generator hookup, as well as visual impaired features and pedestrian crossing timing safety enhancement. Additionally, we completed the install of the 4th and final video detection camera at ORH so they can detect vehicles and bicycles and advanced detection.

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Packet Pg. 44
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

STREET, SIDEWALK, AND STORM DRAINAGE
The community expects and depends on well-maintained city streets, streetlights, traffic signals, sidewalks, and storm drains. Well-maintained roadways are safer and improve the visual appeal of our city. It is critical to be able to leverage available grants to bring in additional funds to benefit our community. In addition, to save money overall, it is critical to fund road maintenance early to prevent expensive repairs and reconstruction of our streets later.

The City Council’s primary focus during FY 2021/22 was to complete outstanding projects while continuing to invest in new improvements, all of which benefit the City with improved levels of maintenance in the streets, sidewalks, and storm drain systems. In any given fiscal year, construction projects will often carry across fiscal years, as the June 30 fiscal year end is in the middle of the construction season. Therefore, it is expected that each year the ratio of services and capital projects/equipment will fluctuate with the timing of project construction.

The following is a summary of Measure S expenditures under the Street, Sidewalk, and Storm Drain Program:

1. Continued funding of ongoing and improved services, including the full-time civil engineer, and continuing enhanced traffic signal, streetlight, and roadway landscape maintenance.

2. Initiated design for the 2023 Street Construction and Improvement Project (Redwood Drive) to be completed in 2024.

3. Continued design and coordination with the state on the 2020 Street Construction and Improvements (Quick Strike)Project and consists of rehabilitating La Plaza and West Sierra Avenue and bicycle and pedestrian safety improvements. This project is available for grant funds due to matching contributions available due to Measure S.

4. Completed the construction on the 2022 Street Construction and Improvement Project (Birds Section) this project was the primarily the rehabilitation and street improvements on streets on either side of Myrtle Avenue, and Old Redwood Hwy between Valparaiso and Eucalyptus Avenue.

5. Completed design and started construction on the 2021 Street Construction & Improvement Project (West Side Project). This project involves roadway rehabilitation and street improvements on West Cotati Avenue, West School Street, Clifford Street, Richardson Lane, and portions of Old Redwood Highway (between Myrtle and Page), Condor Court, Robin Avenue, and John Roberts Drive.

6. Completed design for phase two Wayfinding Signage, Gateway signage program, and Mosaic Bench at Old Redwood Highway and Highway 116.
2022 Street Construction Improvement Project
2022 Construction Improvement (West Side)
Quick Strike Project

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Packet Pg. 45
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

PARKS AND LANDSCAPING
The City operates and maintains many public parks, including La Plaza Park, Falletti Park, Draper Park, Kotate Park, Sunflower Park, Delano Park, Putnam Park, Mini Park, and the Santero Way Park. Parks provide key recreational opportunities for our residents, are local landmarks, and provide a venue for numerous community events.

The City Council’s focus during FY 2021/22 was to continue to improve the overall level of maintenance; improve existing facilities; and add high impact/low-cost safety improvements and amenities. The following is a summary of Measure S expenditures under the Park/Landscape Program:

1. Funded ongoing operations, including the cost of a full-time maintenance worker.

2. Implemented design work into bids for contracts for the Kotate Park playground and picnic areas, as the first of many capital projects from the Parks Capital Plan.

3. Funding Operations and Maintenance at the Veronda-Falletti Ranch.

4. Continued maintenance of parks and clearing vegetation.

5. Continued conducting of Creek Cleanups.

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Packet Pg. 46
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

PUBLIC BUILDING
The City operates and maintains several public buildings to conduct public meetings and provide core services to the community, including City Hall, Ray Miller Community Center and Cotati Room, Public Works Corporation Yard, Police Department, and the Cotati Train Depot.

The City Council’s primary focus during FY 2021/21 was to continue to improve the overall level of maintenance of the City Buildings. The following is a summary of Measure S expenditures under the Public Building Program:

1. Funded ongoing building operational costs.

2. Continued to fund building official inspection services and code enforcement.

3. Funded maintenance and repairs of building equipment.

4. Finalized reroofing of the Community Center as a part of the Civic Center refurbishment project.

5. Initiated design on the window replacement project for both City Hall and the Civic Center.

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Packet Pg. 47
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

RECREATION
During the recession and the ensuing budget cuts, the City’s Recreation Programs were eliminated. Since then, it has been a goal of the City Council to bring back the Recreation Department once the City was financially able to support this program. The Recreation Department includes a variety of classes, workshops, camps and events for all ages, as well as management of city facilities and parks for public use. The Recreation Department provides an opportunity to bring the public together for positive, healthy activities and provide a sense of community. The following is a summary of Measure S expenditures under Recreation for FY 2021/22:

1. Funded full-time Recreation Manager, Recreation and Facilities Coordinator as well as seasonal employment for up to six part-time camp staff to assist with special recreation programs.

2. Continued expansion and support of community communication through social network services and in person community outreach.

3. Funded all services and supplies needed to support the growing programs. In Fiscal Year 2021/22 , the following is a summary of Recreation programming and events:
a. Bunny Brunch
b. Staffed Free Children’s Summer Lunch
Program
c. Cotati Candyland downtown trick or
treating event
d. Promote & support Cotati Shop & Stroll
e. Promote & support Cotati Farmers
Market
f. Bunny Grams
g. Valentine Grams
h. Counselor in Training Program
i. Community Yard Sale
j. Drive in Movies
k. Movies in the Park
l. Promote & Support National Night Out
m. Holiday Tree Lighting
n. Breakfast with Santa
o. Promote & support the bike-to-work day.
p. Contracted camps including Several
Farmster Camp Programs at Falletti
Ranch
Farmers Market
Camp Cotati Valentine Grams
Bunny Brunch

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Packet Pg. 48
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

SUMMARY
In FY 2021/22 , the City undertook a total of $1,619,179 in ongoing and improved services and $1,551,328 in capital improvements and equipment. During this fiscal year, the focus was on continued preparation for continued significant capital projects for construction, as well as completion of key projects which started during fiscal year 2020/21. The City is proud of the safety improvements both planned and implemented as well as the streets revitalization investments made and in design during the fiscal year. The City looks forward to using Measure S to continue to provide many more critical infrastructure projects as well as continued improved services to our citizens.

Measure S continues to be critical for funding essential city services and infrastructure projects. The City is actively working to promote economic development within Cotati to expand and diversify the tax base to provide more longterm revenue stability. The combination of dedicated local revenue from Measure S and a growing local economy provide the local revenue to deliver the services and infrastructure that the citizens of Cotati desire.

Cotati Candyland
Compost Bucket Giveaway

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Packet Pg. 49
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) Measure
S
Financial Summary

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Packet Pg. 50
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) FY 2014/15 FY 2015/16 FY 2016/17 FY 2017/18 FY 2018/19 FY 2019/20 FY 2020/21 FY 2021/22 Combined FY Cumulative Percentage Usage
GROSS MEASURE G/S REVENUE $ 1,344,594 $ 1,991,285 $ 2,120,557 $ 2,148,886 $ 2,557,335 $ 2,558,612 $ 2,954,366 $ 3,184,677 $ 18,860,312 100.00% Less: State Administration Fees Expense (4,650) (12,900) (14,230) (12,550) (12,670) (12,750) (11,820) $ (14,170) (95,740) 0.51% NET TOTAL REVENUES $ 1,339,944 $ 1,978,385 $ 2,106,327 $ 2,136,336 $ 2,544,665 $ 2,545,862 $ 2,942,546 $ 3,170,507 $ 18,764,572 99.49% Street, Sidewalk, and Stormdrain Program $ 492,860 $ 855,352 $ 754,349 $ 566,980 $ 834,890 $ 962,870 $ 1,061,585 $ 1,328,868 $ 6,857,754 36.43% Operations & Maintenance 144,415 121,663 152,067 324,765 262,772 78,123 137,191 154,478 1,375,475 7.31% Capital Improvements & Equipment 348,445 733,689 602,282 242,215 572,118 884,747 924,393 1,174,390 5,482,279 29.12% Public Safety Program $ 559,443 $ 685,633 $ 729,034 $ 952,363 $ 784,420 $ 906,786 $ 1,020,913 $ 1,020,889 $ 6,659,480 35.37% Operations & Maintenance 518,426 641,610 717,556 896,550 740,094 755,849 835,908 858,950 5,964,944 31.68% Capital Improvements & Equipment 41,017 44,023 11,478 55,813 44,326 150,936 185,004 161,939 694,536 3.69% Recreation Program $ - $ 52,487 $ 123,773 $ 187,557 $ 256,079 $ 264,464 $ 278,732 $ 333,066 $ 1,496,158 7.95% Operations & Maintenance - 52,487 123,773 187,557 256,079 264,464 278,732 333,066 1,496,158 7.95% Capital Improvements & Equipment - - - - - - - - - 0.00% Park/Landscape Program $ 118,283 $ 161,271 $ 258,347 $ 232,637 $ 438,921 $ 316,228 $ 233,889 $ 176,964 $ 1,936,540 10.29% Operations & Maintenance 87,260 164,327 156,526 183,399 161,395 66,228 24,065 111,964 955,164 5.07% Capital Improvements & Equipment 31,023 6,944 101,821 49,238 277,526 250,000 209,824 65,000 991,376 5.27% Public Building Program $ 169,358 $ 213,642 $ 240,824 $ 196,799 $ 230,355 $ 62,114 $ 347,427 $ 310,720 $ 1,771,239 9.41% Operations & Maintenance 80,998 185,963 222,863 146,481 191,594 58,052 188,637 160,720 1,235,307 6.56% Capital Improvements & Equipment 88,360 27,679 17,961 50,318 38,761 4,062 158,791 150,000 535,932 2.85% TOTAL EXPENSES $ 1,344,594 $ 1,991,285 $ 2,120,557 $ 2,148,886 $ 2,557,335 $ 2,525,211 $ 2,954,366 $ 3,184,677 $ 18,826,911 100.00% Operations & Maintenance 831,099 1,166,050 1,372,785 1,738,752 1,611,934 1,222,715 1,464,534 1,619,179 11,027,048 58.57% Capital Improvements & Equipment 508,845 812,335 733,542 397,584 932,731 1,289,746 1,478,012 1,551,328 7,704,123 40.92% State Administrative Fees 4,650 12,900 14,230 12,550 12,670 12,750 11,820 14,170 95,740 0.51% Inception to Date
Essential Services & Improvements Summary

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Packet Pg. 51
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter % of
Measure S*
NET TOTAL MEASURE S REVENUE $ 3,170,507 100.0%

OPERATIONS AND MAINTENANCE EXPENSE DETAIL
Street, Sidewalk, and Stormdrain Program
Materials & Supplies 2,832 0.1%
Contract Services 23,595 0.7%
Utilities 7,835 0.2%
Repairs & Maintenance 6,153 0.2%
Salaries and Benefits 114,063 3.6%
Subtotal $ 154,478 4.9%
Public Safety Program
Materials & Supplies 3,484 0.1%
Contract Services 353,991 11.2%
Utilities 9,869 0.3%
Repairs & Maintenance 7,420 0.2%
Salaries and Benefits 484,186 15.3%
Subtotal $ 858,950 27.1%
Recreation Program
Salaries and Benefits 212,007 6.7%
Recreation Programs Expenses 121,059 3.8%
Subtotal $ 333,066 10.5%
Park/Landscape Program
Materials & Supplies 2,032 0.1%
Contract Services 22,854 0.7%
Utilities 10,441 0.3%
Repairs & Maintenance 596 0.0%
Salaries and Benefits 76,042 2.4%
Subtotal $ 111,964 3.5%
Public Building Program
Materials & Supplies 1,738 0.1%
Contract Services 76,960 2.4%
Utilities 5,262 0.2%
Repairs & Maintenance 3,059 0.1%
Salaries and Benefits 73,700 2.3%
Subtotal $ 160,720 5.1%
Total Operations and Maintenance Expenses $ 1,619,179 51.1% * Percentages rounded to the nearest 0.1%.

MEASURE S SALES TAX

REVENUE AND EXPENSES
FY 2021/22
Measure S

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Packet Pg. 52
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) % of
Measure S*

CAPITAL IMPROVEMENTS AND EQUIPMENT EXPENSE DETAIL
Street, Sidewalk, and Stormdrain Improvements
Local Road Safety Plan (LRSP) 11,000 0.3%
Citywide Traffic Safety 77,880 2.5%
Street Improvements 1,000,000 31.5%
Gateway Signage/Bulletin Board 20,000 0.6%
Wayfinding Signage Phase 2 50,000 1.6%
Equipment, Vehicles and Tools 15,510 0.5%
SubTotal $ 1,174,390 37.0%
Public Safety Improvements
Local Hazard Mitigation Plan (LHMP) 36,512 1.2%
Equipment, Furniture, Vehicle & Tools 107,056 3.4%
Civic Center Generator 18,371 0.6%
SubTotal $ 161,939 5.1%
Park/Landscape Improvements
Falletti Building Improvements 20,000 0.6%
Park Master Planning 30,000 0.9%
Kotate Park Improvements 15,000 0.5%
SubTotal $ 65,000 2.1%
Public Building Improvements
Civic Center Roof Refurb 130,000 4.1%
Civic Center Misc. Improvements 20,000 0.6%
SubTotal $ 150,000 4.7%
Total CIP and Equipment Expenses $ 1,551,328 48.9%
* Percentages rounded to the nearest 0.1%.

MEASURE S SALES TAX

REVENUE AND EXPENSES
FY 2021/22
Measure S

10.A.b
Packet Pg. 53
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) Measure S Program Vendor Description Funded by
Measure S
Street, Sidewalk, and Stormdrain Program
Professional Services Harris and Associates 5 Year Capital Improvement Project 19,467 Stone Creek Stormwater Management Support Services 4,128 Subtotal 23,595
Public Safety Program
Tech and Data Services Capture Tech PD Interview Room Recording Equipment Update 15,000 Sonoma County Consortium Fees and Contributions 100,000 Axon Enterprise Inc. Body Worn Camera System 12,200
KLH Consulting Dispatch Equipment Replacement* 1,515
Profesional Services Robert Smith Code Enforcement 62,900 General Services Petaluma People Services SAFE Team 92,500 City of Rohnert Park SAFE Team Program 20,000
City of Rohnert Park Animal Shelter Services 22,000
Onset Medics LLC Covid-19 Testing 7,500
United Mechanical Quarterly Systems Maintenance 6,600
Cole Pro Media Social Media and Transparency Engagement 10,276 Access Information Management Document Storage and Disposal Services 3,500 Subtotal 353,991
Park/Landscape Program
Profesional Services Ammamma Tati Inc. Veronda Falletti Programing and Maintenance 17,854 Farmster Veronda Falletti Ranch Animal Husbandry 5,000
Subtotal 22,854
Public Building Program
Professional Services Phillips Seabrook Building Inspections and Plan Checks 60,000 Robert Smith Code Enforcement 10,000
Tech and Data Services KLH Consulting Train Depot Camera Repairs 960 General Services PJM Landscape Building Landscape Services 6,000 Subtotal 76,960

SUMMARY OF FUNDED CONTRACT SERVICES

10.A.b
Packet Pg. 54
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) Street, Sidewalk,
and Stormdrain
$1,174,390
Public Safety
$161,939
Park/Landscape
$65,000
Public Building
$150,000
Capital Improvement and Equipment
Expenditure Detail
Street, Sidewalk,
and Stormdrain
$154,478
Public Safety
$858,950
Recreation
$333,066
Park/Landscape
$111,964
Public Building
$160,720
Operations and Maintenance
Expenditure Detail

10.A.b
Packet Pg. 55
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22)

STATEMENT OF REVENUE AND USES

FOR THE FISCAL YEAR ENDING
JUNE 30, 2022
The following statements are developed for presentation within the audited financial statement for the City of Cotati for the Fiscal year ending June 30, 2022. Audit fieldwork was completed by Badawi and Associates on December 20, 2022, and the Comprehensive Annual Financial Report was presented for final approval by the City Council on January 10, 2023.

For more information about the City's historical financial activities, you can view the City's audited basic financial statements at City Hall or online at: https://www.cotaticity.org/195/Financial-Statements

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Packet Pg. 56
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) Voter Pamphlet
s

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Packet Pg. 57
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) City Council
Resolution
Establishing the
Measure G Citizens Oversight
Committee
As Adopted September 2015

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Packet Pg. 58
Attachment: Measure S Report For Fiscal Year 2021/2022 (Receive and File Measure S Report and Letter from MSCOC 2021/22) Fiscal Year 2021/22
July 1, 2021-June 30, 2022

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Packet Pg. 59
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Fiscal Year 21/22
Overview  Summary of Measure S  Measure Funds Received  Essential City Program Uses of Measure S Funding  Public Safety  Street, Sidewalk and Storm Drain
 Park and Landscape  Public Building  Recreation
 Audited Financial Report

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Packet Pg. 60
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure

SUMMARY OF MEASURE G/S
- Purpose is to provide funding for essential city services - Voter approved 1% sales tax
- Measure G –
- Approved June 2014 and enacted October 1, 2014
- Replaced Measure A which expired in 2015
- Measure S - Renewed by voters November 2020

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Packet Pg. 61
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Cotati Sales Tax Break Down
Total State-Wide Sales and Use Tax is: • State Tax 6.00% • County Transportation Funds 0.25% • Local Bradley Burns 1.00% Local Measure S 1.00%
County Add-on taxes are: • SMART Measure Q 0.250% • Open Space Measure F 0.250% • SCTA Measure M Streets 0.250% • Sonoma County Mental Health & Homeless Services 0.250% • Sonoma County Library Measure Y 0.125% • Sonoma County Parks Measure M 0.125% State-Sales and Use Tax,

6.00%
State-County Transportation
Funds, 0.25%
Local-City of Cotati (Bradley
Burns), 1.00%
County-Various Special Sales
Taxes, 1.50%
Local-Measure S, 1.00%

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Packet Pg. 62
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Measure S
Funds Received Fiscal Year 2021/22  Total Receipts $3.2M  State Admin Fees are less than

0.01% of Gross Receipts
 Approximately $792K per
Quarter  Up From Average of $736
per Quarter in PY
 Primary growth in
Construction, Food and
Drugs, Vehicle Purchases
and Registration in the
City, and Service
Stations.
$-
$0.5
$1.0
$1.5
$2.0
$2.5
$3.0
$3.5
Millions
Net Revenues

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Packet Pg. 63
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure

62.0%

58.9%

65.2%

81.4%

63.3%

49.3%

49.8%

51.1%

38.0%

41.1%

34.8%

18.6%

36.7%

50.7%

50.2%

48.9%
FY 14-15
FY 15-16
FY 16-17
FY 17-18
FY 18-19
FY 19-20
FY 20-21
FY 21-22
FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 Operations & Maintenance 62.0% 58.9% 65.2% 81.4% 63.3% 49.3% 49.8% 51.1% Improvement Projects &
Equipment 38.0% 41.1% 34.8% 18.6% 36.7% 50.7% 50.2% 48.9%

PERCENT OF MEASURE S FUNDS USED

BY TYPE

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Packet Pg. 64
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure

41.8%

34.8%

34.6%

44.6%

30.8%

36.0%

34.7%

32.2%

36.8%

43.5%

35.8%

26.5%

32.8%

37.9%

36.1%

41.9%

8.8%

8.2%

12.3%

10.9%

17.2%

12.5%

7.9%

5.6%

12.6%

10.9%

11.4%

9.2%

9.1%

3.2%

11.8%

9.8%

5.9%

8.8%

10.1%

10.4%

9.5%

10.5%
0% 20% 40% 60% 80% 100%
FY 14-15
FY 15-16
FY 16-17
FY 17-18
FY 18-19
FY 19-20
FY 20-21
FY 21-22
Percent of Measure S Funds Used
by Program
Public Safety Program
Streets, Sidewalk and Storm Drain Program
Park and Landscape Program
Public Building Program
Recreation Program

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Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Public Safety
 The City continued to fund ongoing
operations to preserve our local
Police Department.
 Implement S.A.F.E. Teams for Crisis
Response
 First all electric police vehicle and
infrastructure for future vehicle
replacements.
 Continued investments in Traffic
Safety leveraging CA Office of
Traffic Safety Program and
Construction projects:
 Enhanced Crossing at Benson Lane
and Laguna Creek
 Signal Controller at ORH and
Valparaiso
 Advanced Video Detection Camera
for Vehicles and Bicycles.
 Local Hazard Mitigation Plan
 Local Road Safety Plans
National Night Out
Fiscal Year 2021/22 - $1,020,889

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Packet Pg. 66
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Street, Sidewalk,
and Storm Drain
 Continued funding of ongoing and improved
services, including:
 Full-time civil engineer
 Continuing enhanced traffic signal,
streetlight and roadway landscape
maintenance
 Initiated design for the 2023 Street
Construction and Improvement Project
(Redwood Drive) to be completed in 2024
 Continued design and coordination with the
state on the 2020 Street Construction and
Improvements (Quick Strike) Project
 Completed construction on the 2022 Street
Construction and Improvement project (Birds
Section)
 Design and construction on the 2021 Street
Construction & Improvement Project
(West Side Project).
 West Cotati Avenue, West School Street, Clifford
Street, Richardson Lane, and portions of Old
Redwood Highway (between Myrtle and Page),
Condor Court, Robin Avenue, and John Roberts
Drive.
 Continued Rollout of Gateway Signage and
Updates to Wayfinding Signage 2022 Streets Maintenance Project Fiscal Year 2021/22 - $1,328,868

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Packet Pg. 67
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Park and Landscape
 Funded ongoing operations,
including the cost of a full-time
maintenance worker.
 Design for the Kotate Park
playground and picnic areas.
 Funding Operations and
Maintenance at the Veronda-
Falletti Ranch.
 Continued maintenance of parks
and clearing vegetation.
 Continued conducting of Creek
Cleanups.

Fiscal Year 2021/22 - $176,964

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Packet Pg. 68
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Public Building Program  Funded ongoing building
operational costs.
 Continued to fund building
official inspection services and
code enforcement.
 Funded maintenance and
repairs of building equipment.
 Finalized reroofing of the
Community Center as a part of
the Civic Center refurbishment
project.
 Initiated design on the window
replacement project for both
City Hall and the Civic Center.

Cotati Train Station
Cotati Community
Center
Fiscal Year 2021/22- $310,720

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Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Recreation  Funded full-time Recreation
Manager, Recreation & Facilities
Coordinator
 Funded seasonal employment with
part-time camp staff to assist with
special recreation programs.
 Funded all services and supplies
needed to support over 17
different growing programs and
events.
 Continued expansion and support
of community communication
through social network services
and in person community
outreach.

Fiscal Year 2021/22- $333,066

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Packet Pg. 70
Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure Auditors Evaluation
Measure S Revenues and Uses were
subject to audit by independent
auditors, Badawi and Associates.

Year end audit concluded in
December 2022 and reported to
Council January 2023.

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Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure QUESTIONS?

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Attachment: Measure S Presentation For Fiscal Year 2021/2022 (Receive and File Measure For years now, I have been urging the city to not represent Measure G/S, even making it inside of courtrooms to do so. Yet, once again we have a telling misrepresentation of facts by the City of Cotati. Time once again for me to give the facts and the whole truth on Measure S.

This statement is false and misrepresents the pandemic's effects.

In 2020, with the continued economic crisis around the Covid-19 epidemic, the City once again took the same Measure to the community. This new Measure S continued existing, voter-approved locally controlled funding with no increase in tax rate.

Measure S funding would continue to stay local, and none could be taken by the State.

Please see the following revenue chart, that shows the facts about the revenues received during the pandemic. As you can see, the city of Cotati had no significant revenue losses due to the pandemic. For the fiscal year ending 2022, the Measure G/S actually increased approximately $800k than before the pandemic. In addition, the City of Cotati received $1.7 million from the American Rescue Act for pandemic uses, but provided very limited pandemic services. The reasons for Measure S to be here is because of a greater need....for the City to take out $12 million in bonds.

Here is the truth about why Measure G was turned into a forever tax in 2020, which was three years before the measure sunsetted. The only change to Measure G was to make it a forever tax....this was to guarantee income from Measure G/S into the distant future to use as securities for $12 million in bonds that have been set up over 2021-2023 for unfunded pension liability costs and also for critical street repairs. The City of Cotati also put up our streets and some city buildings as collateral for these bonds.

How do I know all of this? Because I took the City of Cotati to Sonoma County Superior Court in the summer of 2020 over the ballot wording of Measure G/S being misleading. I cited 10 reasons why the ballot measure wording was misleading or misinformation. Judge Nadler ordered the city of Cotati to show cause why the Measure S should not be stricken from the November 2020 ballot as misleading. Judge Nadler allowed Measure S to stay on the ballot because there was not time to re-notice less misleading ballot wording for the Registrar of Voters, and he believed natural opposition would get the word out about the

PUBLIC COMMENT RECEIVED

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Attachment: Public Comment (Receive and File Measure S Report and Letter from MSCOC 2021/22) truth of the ballot measure. Meanwhile, I received 24/7 retaliation for filing this, including being threatened with paying the city's attorney fees and costs.

So, here we are 2 1/2 years later, and it is the same misleading information, now expanded to include falsehoods about the effect of the pandemic and why Measure S was put on the ballot three years early in 2020.

Please council members, do not accept this report as written. The citizens deserve to know the truth and whole truth about Measure S, not "spin".

Sincerely,
Laurie Alderman
Cotati

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Attachment: Public Comment (Receive and File Measure S Report and Letter from MSCOC 2021/22) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Resolution of Opposition to Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

Date: February 28, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a Resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

Background
On Jan. 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1. On Feb. 1, 2023, the measure qualified for the November 2024 ballot.

The League of California Cities (Cal Cities), along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative. Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The proposed constitutional initiative is sponsored by the California Business Roundtable, which is the organization that previously used the State’s initiative process as leverage to force the State Legislature to pass legislation preventing cities from passing any new “soda tax” laws.

Full text of Ballot Initiative
Analysis/Discussion

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Fees and Taxes
Local governments levy a variety of fees and other charges to provide core public services.

Major examples of affected fees and charges are:
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs. • Commercial franchise fees.
• Emergency response fees, such as in connection with DUI. • Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt changes to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

The City’s affected fees and charges include virtually all of the charges for services in the adopted fee schedule, as well as recreation and facility fees.

Hundreds of local tax measures were approved in 20221that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

While the City doesn’t have a tax measure subject to re-submittal, any future changes to taxes, including business license taxes or transient occupancy taxes would be affected if passed by the voters.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and 1 http://www.californiacityfinance.com/Votes2211final.pdf

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penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

City of Cotati affected fines and penalties include violations of City Municipal Code, primarily provisions routinely enforced on building code and quality of life nuisance violations, but also potentially including locally imposed traffic or parking fines.

Fees and Charges2:
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence. • Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.”3 The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. • Prohibits fees on new development based on vehicle miles traveled.

Taxes4:
• Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted5.
• Invalidates Upland decision that allows a majority of local voters to pass special taxes.

The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
• Expressly prohibits local advisory measures which allow local voters to express a 2 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
3 Initiative No. 21-0042A1 (pg.5; (3))
4 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
5 Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g)

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preference for how local general tax dollars should be spent.6 • Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) • New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval.

Fines and Penalties7:
• May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

Financial Considerations
The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. The measure would have significant negative impacts on the City of Cotati operations and core service delivery.

California is the largest state in the United States, both in terms of population and economic output. The dramatic increase in population through the 1960s and 1970s and accompanying rapid growth of development and crowding inevitably led to a series of voter initiatives adding layers of public review and approval of development, as well as a complete upheaval of the tax system with the passage of Proposition 13. Additionally, the sales tax system, created in the 1930’s, remains antiquated and does not reflect today’s predominantly service-based economy.

In most states, like California prior to Proposition 13, local funding is simply set by developing a budget and assessing that amount in property taxes. Many states also have modernized their sales tax systems to tax most goods and services.

As a result, the system to fund the necessary services and infrastructure in California has evolved in the shadow of Proposition 13 and other voter initiatives to become a complex system of fees and taxes. If passed, the Taxpayer Protection and Government Accountability Act will likely upend the system for funding public services and infrastructure in California by immediately jeopardizing billions in funding statewide. The sudden drop in revenue will either result in legislative measures or voter initiatives to “fix” the system, or services will be cut and the infrastructure will deteriorate – which will eventually result in a crisis and legislative measures or voter initiatives to “fix” the system once the damage becomes apparent to voters.

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 6 Initiative No. 21-0042A1 (pg.6 (3))
7 Initiative No. 21-0042A1 (pg. 5 (4))

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Guideline section 15378.

Attachments:

FINAL-CBRT Fiscal Analysis (PDF)

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CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Over $20 billion of local government fee and charge revenues over 10 years placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety.  About $2 billion of revenues each year from fees and charges adopted after January 1, 2021 subject to legal peril.
1  Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative.
 Indeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations.
 Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
 Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and Services Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures.  Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative.  Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes.  A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adopt it.
1 Assumes fee increases since January 1, 2022 would be subject to possible legal challenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024, the date the California Secretary of State certifies the election results of the November 5, 2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by majority voter approval.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 14, 2023

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 Requires that a tax measure adopted after January 1, 2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o If past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within a year for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue.  Requires voter approval to expand an existing tax to new territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.

1.a. Number of Measures and Value of Local Taxes at Risk4 Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of Initiative 21-0042A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by Initiative 21-0042A1 due to its retroactivity provision is about $4 billion.

Citizen Initiative Special Taxes in 2022.

Special taxes placed on the ballot by citizen initiative and approved after January 1, 2022 by a majority but less than two-thirds of the voters are out of compliance with Initiative 21-0042A1.

On June 7, 2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XIIIC. So this measure was passed in compliance with Initiative 21- 0042A1.

On November 8, 2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these 4 Source: Compilation and summary of data from County elections offices.

June 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
John C. Fremont
Healthcare District Mariposa Measure N Transactions & Use Tax 1 cent $ 150,000 hospital 40yrs 69.6% PASS County of Kings Kings Measure F Transactions
& Use Tax 1/2 cent $ 11,700,000 fire none 37.6% FAIL
Manhattan Beach
USD Los Angeles Measure A School Parcel Tax $1095/yr $ 12,000,000 schools 12yrs 31.2% FAIL

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measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with Initiative 21- 0042A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.

Non-Specific Tax Durations in 2022
Voters approved 106 measures in June 2022 (10) and November 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed “until ended by voters.” Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $561 million per year that will expire a year after the effective date of the initiative if Initiative 21-0042A1 passes.

November 2022 Initiative Special Taxes - majority voter approval Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
Crockett Community
Services District Contra Costa Measure L Parcel Tax $50/parcel $ 60,000 parks/recr none 62.8% PASS Oakland Alameda Measure Y Parcel Tax $68/parcel $ 12,000,000 zoo 20yrs 62.5% PASS County of Mendocino Measure O Transactions
& Use Tax
1/8 cent then 1/4
cent in 2027 $ 4,000,000 library none 60.8% PASS
Los Angeles Los Angeles Measure ULA Property
Transfer Tax
4% if >$5m, 5.5%
if >$10m $600 m to $1.1 b affordable housing none 57.3% PASS County of Sacramento Measure A Transactions
& Use Tax same 1/2 cent $ 212,512,500 transportati
on
40yrs 55.3% PASS
San Francisco Proposition M Business
Operations Tax
$2500-$5000/
vacant resid unit $ 20,000,000 housing 30yrs 54.5% PASS Santa Monica Los Angeles Measure GS Property
Transfer Tax
$56/$1000 if
>$8m $ 50,000,000
schools,
homelessne
ss, afford.
housing
none 53.3% PASS
Total $900,000 to
$1.4 billion
Agency Name County Tax/Fee Rate
Estimated
Annual Revenue Use Sunset YES%
County of Calaveras Measure A Transactions
& Use Tax 1 cent $ 5,000,000 fire none 49.4% FAIL
South San Francisco
(for Schools) San Mateo Measure DD School Parcel Tax $2.50/sf $ 55,900,000 schools none 47.2% FAIL County of Fresno (for CSU ) Measure E Transactions
& Use Tax
1/5 ct,
1/40 ct (Reedley) $ 36,000,000 Calif State Univ 20yrs 46.9% FAIL Santa Cruz Santa Cruz Measure N Parcel Tax $6k/vacant SFU xxx vacant property
xxx 44.2% FAIL
County of Monterey Measure Q Parcel Tax $49/parcel $ 5,500,000 childcare 10yrs 41.1% FAIL San Francisco City
College
San
Francisco Measure O School Parcel Tax $150/sfu $ 37,000,000 schools 10yrs 36.7% FAIL Morro Bay San Luis
Obispo Measure B Parcel Tax $120+/parcel $ 680,000 harbor none 36.0% FAIL Inverness Public
Utility District Marin Measure O Parcel Tax $0.20/sf, $150/vacant $ 276,000 fire none 27.0% FAIL

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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Oakland Alameda Measure T Business Tax
General various $ 20,900,000 none 71.4% PASS
Culver City Los Angeles Measure BL Business Tax
General various $ 10,000,000 none 60.5% PASS
El Segundo Los Angeles Measure BT Business Tax
General various $ 3,000,000 none 51.2% PASS
Pico Rivera Los Angeles Measure AB Business Tax
General various $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W Business Tax
General various neutral none 64.8% PASS
Tracy San Joaquin Measure B Business Tax
General various $ 3,200,000 none 72.6% PASS
Burlingame San Mateo Measure X Business Tax
General various $ 2,500,000 none 75.1% PASS
Los Gatos Santa Clara Measure J Business Tax
General various $ 1,100,000 none 53.4% PASS
Santa Clara Santa Clara Measure H Business Tax
General
$45/employee,
$15/rental unit $ 6,000,000 none 59.5% PASS
Brisbane San Mateo Measure O Business Tax
lodging busn $2.50/rm/day $ 250,000 none 69.2% PASS
East Palo Alto San Mateo Measure L Business Tax
resid. rentals

2.5%
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C Busn Tax - disp cups 12.5cents/cup $ 700,000 none 68.2% PASS
South Lake Tahoe El Dorado Measure G Busn Tax
Cannabis
6% retail,
manufacturing $ 950,000 none 62.9% PASS
McFarland Kern Measure O Busn Tax
Cannabis
8% of gross
receipts retail, $ 1,800,000 none 63.5% PASS
Avenal Kings Measure C Busn Tax
Cannabis
$25+/sf or
15% gr rcpts $ 600,000 none 61.8% PASS
Baldwin Park Los Angeles Measure CB Busn Tax
Cannabis
4%
grossRcpts $ 300,000 none 51.3% PASS
Claremont Los Angeles Measure CT Busn Tax
Cannabis
4%-7% gr
rcpts, $1- $ 500,000 none 61.1% PASS
County of Los Angeles Unincorporated Measure C Busn Tax Cannabis
4% gross
receipts retail, $ 15,170,000 none 60.1% PASS
Cudahy Los Angeles Measure BA Busn Tax
Cannabis
15%
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo Los Angeles Measure Y Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 72.8% PASS
Hermosa Beach Los Angeles Measure T Busn Tax
Cannabis
10%
GrossRcpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR Busn Tax
Cannabis 5%to10% $ 3,000,000 none 66.4% PASS
Santa Monica Los Angeles Measure HM Busn Tax
Cannabis
10% gross
Rcpts $ 5,000,000 none 66.4% PASS
South El Monte Los Angeles Measure CM Busn Tax
Cannabis
6% special
excise tax on $ 126,000 none 53.7% PASS
Monterey Monterey Measure J Busn Tax
Cannabis 6% grossRcpt $ 1,300,000 none 65.2% PASS
Pacific Grove Monterey Measure N Busn Tax
Cannabis 6% grossRcpt $ 300,000 none 70.8% PASS
Huntington Beach Orange Measure O Busn Tax
Cannabis
6% retail, 1%
other $ 600,000 none 54.7% PASS

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Notes
?= Ballot measure title did not include an estimate of annual revenues, also not in compliance with Initiative 21-0042A1. n/a*= Arcadia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 on the November statewide ballot.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Laguna Woods Orange Measure T Busn Tax
Cannabis
4%-10% of
gross receipts $ 750,000 none 61.1% PASS
Corona Riverside Measure G Busn Tax
Cannabis
9% of gross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R Busn Tax
Cannabis
7%
grossRcpts $ 3,500,000 none 70.3% PASS
County of San Diego Unincorporated Measure A Busn Tax
Cannabis
6% retail, 3%
distribution, $ 5,600,000 none 57.4% PASS
Encinitas San Diego Measure L Busn Tax
Cannabis
4% to 7% of
gross receipts $ 1,400,000 none 65.1% PASS
Healdsburg Sonoma Measure M Busn Tax
Cannabis 8% grossRcpt $ 500,000 none 72.7% PASS
Exeter Tulare Measure B Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 66.5% PASS
Tulare Tulare Measure Y Busn Tax
Cannabis
10% retail and
other, $10/sf ? none 65.2% PASS
Woodland Yolo Measure K Busn Tax
Cannabis
10%
grossRcpts
? none 66.2% PASS
Redlands San Bernardino Measure J Busn Tax
Distrib centers
from $0.047/sf
to $0.105/sf $ 530,000 none 53.5% PASS
Arcadia Los Angeles Measure SW Busn Tax
Sports Betting
5%
grossRcpts
n/a* none 63.9% PASS
Albany Alameda Measure K ParcelTax $0.074+/sf $ 1,950,000 fire/EMS none 76.0% PASS Cameron Park Airport
District El Dorado Measure J ParcelTax by $600 to $900/parcel $ 117,900 airport/ streets none 78.2% PASS Highlands Village
Lighting Benefit Zone El Dorado Measure L ParcelTax $140+/parcel $ 10,920 streets none 86.3% PASS Knolls Property
Owners CSD El Dorado Measure P ParcelTax by $300+ to $600+/parcel $ 8,400 streets none 75.5% PASS Sundance Trail Zone of
Benefit El Dorado Measure C ParcelTax $600+/yr $ 24,000 roads none 73.2% PASS South Pasadena Los Angeles Measure LL ParcelTax xxx ? library none 86.2% PASS River Delta Fire District Sacramento Measure H ParcelTax $90/yr $ 130,000 fire none 72.1% PASS Emeryville Alameda Measure O PropTransfTax $15/$1000 if $1m-$2m, $ 5,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax by 1% to 1.5% if >$10m $ 4,800,000 none 71.8% PASS
Alameda Alameda Measure F TOT by 4% to 14% $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2% to 12% $ 500,000 none 69.7% PASS Kerman Fresno Measure G TOT 10% $ 40,000 none 62.3% PASS Trinidad Humboldt Measure P TOT by 4% to 12% $ 65,000 none 77.6% PASS Imperial Imperial Measure G TOT by 4% to 12% $ 600,000 none 56.2% PASS Arcadia Los Angeles Measure HT TOT by 2% to 12% $ 730,000 none 54.1% PASS Santa Monica Los Angeles Measure CS TOT by 1%, 3%
home shares $ 4,100,000 none 73.7% PASS

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Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Anaheim Orange Measure J TOT online travel
companies $ 3,000,000 none 59.2% PASS
La Palma Orange Measure P TOT by 4% to 12% $ 200,000 none 71.1% PASS Colfax Placer Measure B TOT by 2% to10% $ 29,000 none 73.5% PASS Rocklin Placer Measure F TOT by 2% to 10% $ 300,000 none 59.8% PASS Roseville Placer Measure C TOT by 4% to 10% $ 3,000,000 none 73.0% PASS Big Bear Lake San Bernardino Measure P TOT by 2% to 10% $ 1,300,000 none 54.4% PASS Grand Terrace San Bernardino Measure M TOT new 10% $ 250,000 none 51.9% PASS Yucca Valley San Bernardino Measure K TOT by 5% to 12% $ 1,300,000 none 71.9% PASS Imperial Beach San Diego Measure R TOT by 4% to 14% $ 400,000 none 67.4% PASS El Paso de Robles San Luis ObispoMeasure F TOT by 1% to 11% $ 750,000 none 61.2% PASS Belmont San Mateo Measure K TOT by 2% to 14% $ 600,000 none 79.3% PASS Millbrae San Mateo Measure N TOT by 2% to 14% $ 1,500,000 none 75.8% PASS County of Humboldt Unincorporated Measure J TOT by 2% to 12% $ 3,080,000 none 63.3% PASS County of Placer -
North Tahoe TOT Area Measure A TOT by 2% to 10% $ 4,000,000 none 90.0% PASS County of Santa Cruz Unincorporated Measure B TOT by 1% to 12% $ 2,300,000 none 69.2% PASS County of El Dorado -
East Slope Tahoe Measure S TOT 2/3 by 4% to 14% $ 2,500,000 none 81.8% PASS Chico Butte Measure H TrUT 1 cent $ 24,000,000 none 52.4% PASS Mendota Fresno Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue Lake Humboldt Measure R TrUT 1 cent $ 30,000 none 55.4% PASS Rio Dell Humboldt Measure O TrUT 3/4cent $ 400,000 none 53.3% PASS County of Kern unincorporated areas Measure K TrUT 1 cent $ 54,000,000 none 50.8% PASS McFarland Kern Measure M TrUT 1 cent $ 579,662 none 62.2% PASS Tehachapi Kern Measure S TrUT 1 cent $ 4,000,000 none 57.2% PASS Avenal Kings Measure A TrUT 1 cent $ 500,000 none 72.5% PASS Susanville Lassen Measure P TrUT 1 cent $ 1,750,000 none 54.7% PASS Baldwin Park Los Angeles Measure BP TrUT 3/4 cent $ 6,000,000 none 58.1% PASS Malibu Los Angeles Measure MC TrUT 1/2 cent $ 3,000,000 none 52.6% PASS Monterey Park Los Angeles Measure MP TrUT 3/4 cent $ 6,000,000 none 58.5% PASS Torrance Los Angeles Measure SST TrUT 1/2 cent $ 18,000,000 none 55.0% PASS Larkspur Marin Measure G TrUT 1/4 cent $ 700,000 none 59.4% PASS Sand City Monterey Measure L TrUT by 1/2cent to

1.5cents $ 1,400,000 none 68.7% PASS
Hemet Riverside Measure H TrUT same 1 cent $ 15,000,000 none 58.0% PASS Elk Grove Sacramento Measure E TrUT 1 cent $ 21,000,000 none 54.1% PASS Galt Sacramento Measure Q TrUT 1 cent $ 3,600,000 none 52.4% PASS Colton San Bernardino Measure S TrUT 1 cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT 1 cent $ 95,000,000 none 53.2% PASS Solana Beach San Diego Measure S TrUT 1 cent $ 3,000,000 none 66.7% PASS Brisbane San Mateo Measure U TrUT 1/2 cent $ 2,000,000 none 63.9% PASS Goleta Santa Barbara Measure B TrUT 1 cent $ 10,600,000 none 64.7% PASS Solvang Santa Barbara Measure U TrUT 1 cent $ 1,600,000 none 63.1% PASS

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Attachment: FINAL-CBRT Fiscal Analysis (CBRT Initative Opposition) – 7 – rev January 14, 2023
CaliforniaCityFinance.com
Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica’s Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.

There was also just one such tax use advisory measure on the June 2022 election. Susanville’s voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per year5 for general city services. The measure was accompanied by advisory Measure Q, accompanied the city’s It asked, “If Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?” Both measures passed. Under Initiative 21-0042A1, the tax will expire a year after the effective date of the initiative (i.e., in December 2025).

1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the Initiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a new "actual and reasonable test."  Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, “reasonable” test.  Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measures.

Measures in 2022 with Non-Specific Durations
Agency Name County Tax/Fee Rate
Annual
Revenue Use Sunset YES%
Watsonville Santa Cruz Measure R TrUT 1/2 cent $ 5,000,000 none 64.4% PASS Vallejo Solano Measure P TrUT 7/8 cent $ 18,000,000 none 54.7% PASS Modesto Stanislaus Measure H TrUT 1 cent $ 39,000,000 none 62.8% PASS County of Colusa Measure A TrUT 2/3 1/2 cent $ 2,400,000 EMS none 69.4% PASS Atwater Merced Measure B TrUT 2/3 same 1 cent $ 4,000,000 police/fire none 73.7% PASS Truckee Nevada Measure U TrUT 2/3 by 1/4 cent to
1/2 cent $ 3,000,000 open space / trails none 76.4% PASS Palo Alto Santa Clara Measure L UtilityTransfer 18% gas $ 7,000,000 none 77.7% PASS Santa Clara Santa Clara Measure G UtilityTransfer 5 % $ 30,000,000 none 84.2% PASS Hercules Contra Costa Measure N UUT 8% $ 3,600,000 none 69.3% PASS Carson Los Angeles Measure UU UUT 2% electr, gas $ 8,000,000 none 78.4% PASS Sebastopol Sonoma Measure N UUT 3.75% (same) $ 700,000 none 83.5% PASS

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Attachment: FINAL-CBRT Fiscal Analysis (CBRT Initative Opposition) – 8 – rev January 14, 2023
CaliforniaCityFinance.com
2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
 Subjects a challenged fee to new, higher burdens of proof if legally challenged.

2.a. Value on New Local Government Fees and Charges at Risk6 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1, 2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.7 Major examples of affected fees and charges are:

1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.

2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Business improvement district charges.

6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.

7. Document processing and duplication fees.

8. Facility use charges, parking fees, tolls.

9. Fines, penalties.

10. Fees for parks and recreation services.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development. ***********
mc
6 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.

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Attachment: FINAL-CBRT Fiscal Analysis (CBRT Initative Opposition) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI OPPOSING THE CALIFORNIA BUSINESS ROUNDTABLE INITIATIVE NO. 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT.

WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
WHEREAS, the action of adopting a resolution opposing the measure does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

THEREFORE, BE IT RESOLVED that the City of Cotati opposes Initiative 21- 0042A1; and
BE IT FURTHER RESOLVED, that the City of Cotati will join the No on Initiative 21- 0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state an direct staff to email a copy of this adopted resolution and the attached letter of opposition to the League of California Cities at [email protected], as well as the Regional Public Affairs Manager.

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 February 28th, 2023, by the following vote, to wit:

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

CBRT Oppose Letter (DOCX)
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***CITY LETTERHEAD***
February 28, 2023
Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814
RE: Letter Opposing Initiative 21-0042A1
On February 28, 2023, the City of Cotati voted to oppose Initiative 21-0042A1, a deceptive, developer-sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

If passed by the voters, this measure would immediately jeopardize most of our fees and fines that we rely on to provide basic governmental services and ensure our neighborhoods remain safe and clean. Additionally, it would likely prevent our residents from making future changes to existing taxes to fund desired services and/or infrastructure. The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.

You may list the City of Cotati in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government,

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Attachment: CBRT Oppose Letter (CRBT Initiative Opposition Resolution) infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,
Susan Harvey
Mayor

CITY OF COTATI

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Attachment: CBRT Oppose Letter (CRBT Initiative Opposition Resolution) 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: February 28, 2023
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].

14.A
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