Agenda packet — Cotati City Council, June 27, 2023 (part 2 of 2)

State Housing Regulation Changes and the DSP
Over the last decade, the California Legislature has passed an increasingly complex portfolio of housing laws in a statewide response to a shortage of housing affecting persons at all economic levels. With more than 40 housing bills adopted since 2017 (primarily intend to overcome the lack of affordable housing in the state), the City of Cotati is subject to provisions of California state law that have changed since the last Downtown Specific Plan was adopted in 2009. In addition, the City is currently in the final steps of the process of updating the Housing Element and any proposed modifications to the DSP and properties included within must maintain consistency with the policies and programs in the draft Housing Element. A summary of this recent legislation affecting preparation of the DSP includes the following:

SB 35 (2017) requires ministerial approval of housing and mixed-use development in jurisdictions not meeting their regional housing needs goals. The City of Cotati is currently subject to SB 35 provisions for projects with at least 50% affordable housing, and the determination is reissued each year at the end of June. The 2023 Housing Element Update and the DSP Title 17 (Land Use) amendments address this requirement.

AB 2162 (2018) requires that supportive housing be a use that is permitted by right in zones where multifamily and mixed-use development is permitted. The 2023 Housing Element Update addresses this requirement.

AB 101 (2021) requires a Low Barrier Navigation Center (LBNC) be a use that is permitted by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses. The 2023 Housing Element Update addresses this requirement.

AB 2011 & SB 6 (2022) require non-discretionary, staff-level (ministerial) approval of 100% residential and mixed-use housing projects in existing commercial zones that allow office, retail, or parking as a permitted use along commercial corridors and within ½ mile of transit when certain labor and affordability requirements are met. AB 2011 & SB 6 provide two avenues for developers; AB 2011 requires higher amounts of affordable housing, and SB 6 requires higher standards for use of skilled and trained labor. These two concurrently adopted bills go into effect on July 1, 2023. The 2023 Housing Element Update addresses these requirements.

AB 1551 (2022) added Section 65915.7 to the Government Code which requires a city to grant a concession to a commercial developer who is also including affordable housing within a project located within ½ mile of a major transit stop. The concession may include, but is not limited to, a 20% increase in density; a 20% increase in floor area; a 20% increase in height; a 20% reduction in minimum parking; a limited use elevator; and/ or an exception to a zoning or land use regulation. AB 1551 goes into effect January 1, 2023. The 2023 Housing Element Update addresses this requirement.

9.a
Packet Pg. 269 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
February 2023 Page 3
AB 2244 (2022) allows affordable housing development located on a religious property up to a 50% reduction of required religious-use parking spaces, as of January 1, 2023. The 2023 Housing Element Update and the DSP Title 17 (Land Use) amendments address this requirement.

SB 330 (2019) extensively amended the State Housing Accountability Act (HAA) to prohibit downzoning and other intended or unintended efforts to preclude the development of housing through 2030 (as amended by SB 8, 2021). The HAA defines “housing development projects” and spells out the application process and time limits for local government review.

The 2023 Housing Element addresses this requirement.

1.3 PROJECT DESCRIPTION
The Proposed DSP Amendments add clarifying language, remove inconsistent policy requirements, and address the recent state law requirements that multifamily housing be allowed in the Plan area by revising allowable uses in the DSP Title 17 (Land Use) amendments to clarify that 100% multifamily and affordable housing projects may be consistent with the DSP.

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

Proposed DSP Documents Revisions
The DSP Amendments include two sets of document amendments. The first will be to the Plan itself and is intended to clarify development standards and affirm the mix of residential uses consistent with the build out (units, square feet) and forms (height, setbacks, and landscaping) anticipated under the Plan and the supporting DSP EIR environmental analysis.

The second set of amendments will be to the Zoning Code, inclusive of the Objective Residential and Mixed-Use Design Standards amendments (DSP Area) and other related Municipal Code standards as necessary to address the new housing regulations. Specific development projects are not included in the DSP Amendments. All future construction projects in the DSP Area must comply with the DSP, as well as the Cotati General Plan, DSP, Zoning Ordinance, development standards, and relevant state and federal jurisdictional regulations. In addition, future discretionary actions (i.e., use permits, site plan review) require independent and project-specific environmental review by the City and compliance with the (CEQA). The specific document edits are included in Attachment A.

DSP Downtown Land Use Densities
Table 1 below provides summary of the adopted residential land use densities applicable in the DSP.

9.a
Packet Pg. 270 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I

1. Addendum to the Certified Downtown Specific Plan EIR

Page 4 ends

Table 1: Cotati Downtown Specific Plan Land Use
Cotati DSP
Zone District
Buildout Density
(Less Rights of
Way1)
Non-Residential2 Buildout
(Less Open Space3)
Residential
Buildout
(119 existing +331
new=450 units)
Total Buildout
Density
Commerce Avenue-CA CA Zone Total

6.5 acres
ROW 1.6 acres

4.9 acres
Non-Residential Square
Feet (sf): 42,000 sf
Non-Residential
8,570 sf/acre
61 Dwelling Units

4.9 acres

12.5 units
per acre (upa)
Residential

12.5 upa
Non-Residential
8,570 sf/acre
Open Space: N/A
Northern Gateway-NG NG Zone Total

36.2 acres
-ROW 9.1 acres
=27.1 acres
Open Space (OS):
-0.86 acres=26.2 acres
Non-Residential
217,000 sf
8,282 sf/acre
229 dwellings

26.2 acres

8.7 upa
Residential units

8.7 upa
Non-Residential
8,282 sf/acre
Open Space:
.86 acre
La Plaza–(LP) LP Zone Total

11.3 acres
-ROW 2.9 acres

8.4 acres
OS: 3.75 acres
=4.7 acres
Non-Residential
118,000 sf
25,376 sf/acre
89 dwellings

4.7 acres

19.0 upa
Residential

19.0 upa
Non-Residential
25,376 sf/acre
Open Space:

3.75 acres
Historic Core-HC HC Zone Total

5.5 acres
-ROW 1.4 acres

4.1 acres
Non-Residential
41,150 sf
10,037sf/acre
71 dwellings

4.1 acre

11.7 upa
Residential

11.7 upa
Non-Residential
10,037 sf/acre
Open Space: 0 acres
Totals
Plan Area

59.5 acres
-ROW 15.0
acres=

44.5 acres
Open Space: 4.61 acres
Residential: 39.9 acres
Non-Residential:
419,050sf
&
10,503sf/acre
450 dwellings

44.5 acres

10.2 upa
Residential

10.2 (upa)
Non-Residential
10,503 sf/acre
Open Space:

4.61 acres
Source: 2009 Cotati Downtown Specific Plan, Environmental Impact Report (DSP EIR) Table 3.0-5 (City of Cotati). 1: DSP EIR Right of Way (streets, sidewalks), DSP EIR Appendices 3.0-B and 4.7-B 2: Non-Residential includes office, civic, retail, and services and includes 419,050 sf at buildout (assumes 182,000 sf existing and 237,050 sf new construction)
3: Open Space: Includes public parks and natural areas along watersheds.

4. Residential buildout includes 450 residential units (comprised of 119 existing residential units and 331 potential new units construction in the DSP).

9.a
Packet Pg. 271 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
February 2023 Page 5
Zoning Code Text Amendments
Minor changes are proposed to be made to the text of several categories throughout the Cotati Zoning Code. These categories include Purpose of DSP Zone Districts; Allowed Land Uses and Permit Requirements for the DSP Districts; Special Purpose Zone and Overlay Zone Standards; Objective design standards; Mixed-use standards; Density Bonuses; Parking Requirements and Definitions as detailed in underline and strike-through text in Attachment B of the staff report.

Public Outreach
In order to involve members of the Cotati community and help refine the City Council’s direction, this project included the following public outreach activities to gain public input on the DSP Amendments.

1. Public Surveys. January 2023
The City, in coordination with its consultant, has developed a concise survey and will distribute the survey via multiple channels to ensure a robust response. Staff highlighted the survey’s availability at the workshop event described below.

2. Workshop Event- In Person Outreach. January 2023
City staff hosted an informational presentation and workshop at a joint meeting of the City Council and Planning Commission on the DSP Amendments on January 17, 2023. Staff introduced the community to the project, informed them about the issues being addressed, and sought input from residents, businessowners and both the Commissioners and Council Members.

3. Downtown Plan Amendments Website
The Cotati Planning Department posted the Draft DSP Amendments on the Community Development Department website to serve as the public clearinghouse of information on the project, that includes:
• Access to draft documents.
• Provides a portal to the project survey and its results. • Agenda notices, staff reports and materials for public hearings by the Planning Commission and City Council are available in advance.

4. Public Hearings
The Planning Commission will conducting a public hearing to allow interested citizens in the community to provide additional input on the project, EIR Addendum and the legislative framework that has been provided by the State. A range of comments received on the DSP Amendments in the public survey, during the Public Workshop at the Joint Planning Commission and City Council Meeting, and during the noticing periods prior to the public meeting has been included for discussion and will be considered by the Planning Commission. The Planning Commission will consider recommending that the City Council

9.a
Packet Pg. 272 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I

1. Addendum to the Certified Downtown Specific Plan EIR

Page 6 ends

certify the EIR addendum and approve of the DSP Amendments. The Planning Commission recommendations will be considered by the City Council along with the entirety of the public record prior to a final decision on the DSP Amendments.

9.a
Packet Pg. 273 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
February 2023 Page 7

2. CEQAAnalysis

2.1 PURPOSE OF A CEQA ADDENDUM
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1) through (3) calling for the preparation of a subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):
“When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration.
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

9.a
Packet Pg. 274 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
2

Page 8 ends

(d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.”
As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) “The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.”

2.2 2009 DOWNTOWN SPECIFIC PLAN EIR
The DSP was adopted August 26, 2009, after years of public engagement and input on proposed changes to the downtown land use regulations. This plan sought to counter the traditional "sprawl" development pattern by intensifying and combining land uses within the core of the City. While maintaining the City's small-town character has always been a strong value governing development, significant concessions were made to allow much more intensive development and a variety of architectural styles in the downtown area. These concessions support the development of new commercial and residential uses affordable to a range of economic levels, and mixed-use neighborhoods in a variety of building styles and sizes, served by a well-connected, multimodal downtown street network and multiple public spaces. The DSP maintains compatibility with the surrounding neighborhoods by dividing the downtown into four separate districts and creating specific development regulations for each.

In many instances, these regulations are "form based" providing more direction on the

9.a
Packet Pg. 275 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I

2. CEQA Analysis
February 2023 Page 9
appearance and presentation of the buildings than the type, level and intensity of their future uses.

The DSP EIR Certified by the City Council found that the DSP incorporated policies and programs which would reduce potential impacts to the following resources: aesthetics, hazards, and hazardous materials, land use planning, population and housing, public services and recreation, utilities and service systems, and water supply. Therefore, no mitigation would be required.

The DSP EIR found that implementation of the DSP would result in potentially significant impacts to the following resources: air quality, biological resources, geological resources, hydrology and water quality, noise, and traffic. The DSP EIR systematically identified potentially significant impacts as well as mitigating policies and actions that address and reduce related environmental impacts to a threshold of less than significant. These DSP EIR mitigation measures are required to be implemented through development standards applied to individual project proposals in the DSP area. Further, the DSP EIR found that the impacts below were mitigated to less than significant with mitigation implemented and monitored, as summarized below:
• Air Quality
o Impact AQ-1: Construction-emissions.
o Impact AQ-2: Increased toxic air contaminants from vehicle and truck traffic and prohibits sensitive uses from being located with 135 feet of Highway 101. • Biological Resources
o Impact BIO-1: Impact to California tiger salamander, listed as endangered under the federal Endangered Species Act.
o Impact BIO 2: Impacts to the Pallid bat due to renovation or destruction of older, unoccupied buildings.
o Impact BIO-3: Impacts to nesting raptors.
o Impact BIO-4: Impacts to western burrowing owl.
o Impact BIO-5 Impacts to other nesting birds, including special status birds, such as the loggerhead shrike.
o Impact BIO-6: Impact from development in the vicinity of Cotai Creek and Laguna de Santa Rosa watercourses, riparian areas, and water quality. o Impact BIO-7: Impacts to the waters of the United States and State (including wetlands.
o Impact BIO-8: Impacts to native trees located outside of watercourses and riparian zones.

9.a
Packet Pg. 276 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
2

Page 10 ends

o Impact BIO-9: Cumulative loss of non-native annual grassland resulting in the loss of foraging/nesting /denning habitat for many species, forcing them to move into other species territories.
o Impact BIO-10: Cumulative impacts to waters of the United States, Regional Water Quality Control Board, and the California Department of Fish and Game. • Cultural Resources
o Impact CULT-2: Potential to unearth archaeological significant resources, including human remains.
• Geological Resources
o Impact GEO-1: Implementation will result in development and population that would be subject to seismic hazards.
o Impact GEO-2: Implementation could expose soils to erosion as specific projects are developed.
• Noise
o Impact NOISE-1: Construction could result in short-term noise and vibration impacts on existing residential properties and noise sensitive land uses. o Impact NOISE-2: Buildout would potentially introduce sensitive land uses in areas to noise levels above acceptable levels.
o Impact NOISE-3: Noise from retail components of mixed use projects may adversely impact the residential component.
• Traffic
o Impact TRAN-1: Significantly affect the operations of three intersections in the year 2025.
o Impact TRAN-2: Northbound vehicular queuing could extend substantially along Old Redwood Highway south of La Plaza.
o Impact TRAN-3: Peak traffic may affect streets adjacent to La Plaza. o Impact TRAN-4: Relocation of the fire station egress could affect response times. o Impact TRAN-5: Multi-use pathways in LA Plaza could create conflicts between motorized and non-motorized users.
o Impact TRAN-6: La Plaza design would result in slow moving traffic, high level right turns, and bicyclist safety might be affected.
• Greenhouse Gas/Climate Change

9.a
Packet Pg. 277 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I

2. CEQA Analysis
February 2023 Page 11
o Impact AQ-3: Cumulatively considerable contribution to the significant cumulative impact on global climate change if the DSP would obstruct implementation of greenhouse gas reduction measures.

The DSP EIR found that with the implementation of policies and programs from the DSP, would result in potentially significant unavoidable impacts with feasible mitigation implemented to the following environmental topic area, and therefore a finding of significant and unavoidable impacts would occur with mitigation implemented:
• Cultural Resources
o Impact CULT-1 and CULT-Cumulative: Removal or alteration of buildings that have the potential to be historic resources or may result in development that may be incompatible with adjacent historic structures; or remove or permanently alter historic structures in the DSP area.

2.3 ENVIRONMENTAL ANALYSIS
As discussed above, the DSP Amendments serve to strike a balance between consistency with recent changes in State planning and housing law, as reflected in the City’s General Plan Housing Element Update. Specifically, the DSP Amendments reaffirm the DSP’s direction to foster development of a vibrant, pedestrian oriented mix of retail businesses, provide housing for all economic segments of the community, and increase recreation amenities in the DSP area, while preserving Cotati’s historic character. The DSP Amendments, therefore, will serve to refine and simplify DSP and Zoning Code permit requirements, applicable development standards, and integrate into the DSP, the City’s objective design review process for housing projects, as required under recent State legislation.

The allowable density identified in Table 1-above represents minor changes to the DSP consistent with directives in state law regarding allowable housing and housing density and consistent with the City of Cotati Housing Element Update. These changes ensure modification of existing policy to either streamline development that is already allowed or make the code consistent with state law. The modified programs would affect sites currently designated for development in the DSP, so there would be no change in the physical impacts associated with future development. Therefore, policies and action items identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR. the project would not result in new or more severe impacts than disclosed in the General Plan EIR.

9.a
Packet Pg. 278 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
2

Page 12 ends

As previously described in Section 2.2, the DSP EIR addresses significant impacts related to l air quality, biological resources, geological resources, hydrology and water quality, noise, and traffic.

A brief summary of the retained DSP guiding goals and policies is provided below with a discussion of their compatibility with the City of Cotati General Plan and the primary purposes of recent State housing and planning legislation.

Goal 1: Enhance Old Redwood Highway as the downtown, mixed-use center of Cotati community life.
• Existing Plan-Wide Policies SP-1 through SP-4 have been retained as they include programs to create Great Public Places and Streets designs, and promote mixed commercial and residential uses for all economic levels downtown, and retain a variety of building types and uses have been which remain consistent with changes to State housing and planning laws (DSP pages 1:1, 1:13 and 1:14).

Goal 2: Maintain the historic character which makes Cotati unique and achieve a high level of design quality to reinforce this character.
• Existing Plan-Wide Policies SP-4, SP-6, and Policy 11.3.5, as well as the 1.7 Historic Cotati. DSP Objectives for use and preserving existing structures with designated value have been retained as they include programs to create a variety of buildings would, pedestrian friendly, and protect the historic character of the community (DSP pages 1:1, 1:9, 1:13 and 1:14).

Goal 3: Improve the walking and bicycling system through downtown Cotati as well as the Interconnections between Cotati and the region; and Goal 4: Promote a street system that is safe for all modes of transportation within a successful commercial mixed-use environment.
• As discussed in Goal 1 above and on DSP page 1:1, Plan Wide Goals 3 & 4 and implanting policies and Key General Plan Community Development policies supporting safe alternative transportation, pedestrian access, and parking within the Plan area will remain unchanged as they are consistent with the DSP and compatible with changes to State housing and planning law. (DSP pages DSP pages 1:1, 1:13 and 1:14).

Goal 5: Design housing to accommodate a diversity or Income levels, ages, and needs. • Existing Plan-Wide Policy SP5 has been retained as it ensures a mix of housing types to serve all economic segments of the community and create a variety of housing choices throughout the Plan area. In addition, Quality of Life Policy IP 2.2.2 to increase

9.a
Packet Pg. 279 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I

2. CEQA Analysis
February 2023 Page 13
the amount of developable high density residential land has been retained as it is consistent with changes to state housing and planning laws.

Goal 6: Encourage development that Is sustainable: energy efficient and conserves resources.
• The City of Cotai implements the energy efficiency standards Title 24 of the California Building Code, and all relevant updates, and would therefore ensure that all new development incorporates energy and water efficient standards, and remain consistent with state housing and planning laws.

New development resulting from changes required by State legislation would occur on land already designated for housing development for all economic segments in the DSP.

Furthermore, all future development in the city would be required to comply with local regulations, including the General Plan, the DSP Zoning Code, and subdivision standards.

These local regulations guide future development and would address physical impacts resulting from development. Moreover, the City’s Zoning Code contains a list of permitted uses for each respective zoning district. The DSP EIR anticipated physical impacts associated with the permitted uses in the City’s Zoning Code, and the proposed project would, therefore, result in no new impact as part of development. The policies and action items in the DSP EIR to reduce physical environmental effects would continue to apply to all development.

Therefore, development of housing as considered in this Addendum is consistent with what was analyzed in the DSP EIR The DSP relied on policies from various elements of the General Plan, as well as implementation of federal and state laws and the City zoning ordinance and development standards to address the physical impacts of future development. The proposed project does not change these policies. Further, based on review of the DSP, the Cotati General Plan, and consideration that the DSP Amendments: All future development in the city would be required to comply with local regulations, including the General Plan, Zoning Ordinance, and subdivision standards. These local regulations guide future development and would address potential physical impacts resulting from development. Moreover, the City’s Zoning Ordinance contains a list of permitted uses for each respective zoning district. The DSP EIR evaluated permitted uses and anticipated physical impacts associated with development of these uses would therefore result in no new impact as part of development. As the proposed project does not change the permitted uses allowed by the Zoning Ordinance, there would be no new impact. Building regulations are applied as part of the building permit process and are independent of CEQA.

9.a
Packet Pg. 280 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
2

Page 14 ends

2.4 FINDINGS
The discussion in this addendum to the DSP EIR confirms that the proposed project has been evaluated for significant impacts pursuant to CEQA as part of the City of Cotati City Council Certified EIR prepared for the DSP. Below the requirements identified under CEQA Sections 15162, 15163, 15164 whereby a new CEQA analysis would be triggered are restated. The summary language below each demonstrates how the project will not create such a new or unmitigated impact, and therefore none of these cases occurs and therefore an Addendum to the original EIR is appropriate.

1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

As the proposed DSP Amendments do not change any land use designation or zoning district, the impacts of the proposed project would be no more substantial than analyzed in the DSP EIR. Substantial changes are, therefore, not proposed as part of the DSP amendments which will require major revisions of the previous DSP EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

2. The project will have one or more significant effects not discussed in the previous EIR.

The DSP Amendments propose minor, insubstantial changes in the circumstances that were present during the prior DSP EIR analysis of the DSP. Further, the DSP Amendments described above would not result in new significant environmental effects or an increase in the severity of previously identified significant effects. Based on the analysis above, no major revision of the previous DSP EIR is necessitated by the DSP Amendments.

3. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

This addendum analysis did not identify new information that could not have been known at the time of the adoption, or of substantial importance that was not known or diligently analyzed in the previously certified DSP EIR. The DSP Amendments would not, therefore, result in any more significant effects not previously addressed in the DSP EIR. mitigation measures or alternatives that would reduce the impacts of the DSP, as it was developed with mitigating policies as discussed above that addressed known environmental issues. As detailed above, no significant effects previously examined will become substantially more severe than those previously examined in the DSP EIR. As such, no mitigation or alternative reviewed as part of the environmental analysis in this addendum substantiated a

9.a
Packet Pg. 281 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I

2. CEQA Analysis
February 2023 Page 15
determination that mitigation or an alternative would substantially reduce significant effects that were not addressed in the City certified DSP EIR.

4. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project includes policy-and implementation changes that are limited to complying with state law and does not result in physical changes to the environment. As discussed above, the proposed project would not create new impacts or the need for additional mitigation measures. As with the existing DSP evaluated in the DSP EIR, as well as the General Plan Update EIR, the proposed changes to the DSP would not result in significant environmental impacts that would require new mitigation measures.

5. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would have the same impacts as identified in the previously certified DSP EIR, and all associated policies identified in the DSP to reduce physical environmental effects would continue to apply. As stated in the response to Standard 3, there are no new significant impacts resulting from adoption of the DSP Amendments therefore, there is no need for new mitigation measures or alternatives to the proposed project.

6. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

The proposed project includes changes to clarify that 100% housing projects are consistent with the Goals and Policies in the DSP and that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the DSP EIR. Moreover, the DSP Amendments do not propose specific projects which would result in new impacts or the need for additional mitigation measures. The mitigating development standards identified in the DSP EIR to reduce physical environmental effects remain applicable to the DSP and DSP Amendments. The policies and action items in the DSP and City development standards would continue to apply to the DSP Amendments. The City is required to ensure its Plans do not conflict with State housing and planning laws. As the existing DSP evaluated potential impacts to the community from DSP area uses including housing and population the proposed Housing Element would not result in significant

9.a
Packet Pg. 282 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
2

Page 16 ends

environmental impacts that are substantially more severe than shown in the previous DSP EIR.

7. The DSP Amendments would not result in the conditions outlined in CEQA Guidelines Sections 15162(a)(1) through (3)
As detailed in the environmental analysis and findings above, and because the minor changes required by recent changes to State law, the DSP Amendments are would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the DSP EIR. Accordingly, this environmental analysis provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an Addendum to the Downtown Specific Plan EIR is the appropriate environmental document to address changes to the DSP.

9.a
Packet Pg. 283 Attachment: DSP CEQA Addendum-Final (DSP Second Reading)

A D D E N D U M T O T H E D O W N T O W N S P E C I F I C P L A N E I R

C I T Y O F C O T A T I
February 2023 Page 17
Downtown Specific Plan and Zoning (Title 17) Amendments SEE ATTACHMENTS A and B.

9.a
Packet Pg. 284 Attachment: DSP CEQA Addendum-Final (DSP Second Reading) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Electric Vehicle Charging Reach Code Ordinance Date: June 27, 2023
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Community Development Department that the City Council conduct the second reading and adopt an ordinance an ordinance amending the City’s Building Code (Chapter 14, Building and Construction, of the Cotati Municipal Code) to require increased electric vehicle charging infrastructure and equipment in building projects.

I. Background
In October 2022, Cotati adopted the 2022 Building Code, including the Tier 1 voluntary measures in the Green Building Standards Code (known as “CALGreen”), which include higher standards than those of the basic, mandatory Code relating to installation of electric vehicle (EV) charging. The 2022 Building Code is in effect 2023-2025.

The City Council held a workshop on April 25, 2023 on potential “reach codes” to amend the City’s Building Code to require 1) additional EV charging and/or 2) all-electric infrastructure in newly constructed and some existing buildings. A frequent goal of these types of reach codes (so called because they “reach” above and beyond the basic mandatory standards) is to help jurisdictions meet their climate change goals by reducing greenhouse gas emissions.

The City Council expressed support for both reach code options, including adoption of the new, more stringent Tier 1 measures for EV charging that are part of the California Building Standards Commission’s (BSC) proposed Intervening Code (mid-cycle) update for CALGreen.

The Intervening Code’s mandatory measures will go into effect statewide on July 1, 2024. The City Council expressed support not only for adopting the higher, voluntary Tier 1, but also for adopting these standards as soon as possible.

9.D
Packet Pg. 285
A recent Ninth Circuit panel ruling against the City of Berkeley’s ban on natural gas infrastructure, in California Restaurant Association v. City of Berkeley (2023), is necessitating additional review of the advisability of adopting an all-electric building reach code ordinance for Cotati. The legality of EV charging reach codes, however, is not currently in question. For this reason, a reach code related to EV charging only is recommended at this time.

On June 13, 2023, the City Council unanimously introduced the draft Ordinance at a duly noticed public hearing.

II. Analysis/Discussion
The Intervening Code update typically includes a number of minor changes that clarify and improve implementation of the existing Code. In the current proposed Intervening Code, however, there are some substantial changes to CALGreen related to EV charging at the mandatory and voluntary Tier 1 and Tier 2 levels. The most significant changes will impact multifamily residential developments and hotels/motels. There are a few changes to requirements for non-residential projects, as well.

Below is a description of the proposed Tier 1 changes in the Intervening Code, which are reflected in the proposed EV charging reach code ordinance. Refer to Attachment 1: EV Charging Glossary for more information and definitions.

Single family/duplex: No substantial changes are proposed in the Intervening Code. The standard for Cotati would remain as it is currently in the existing Code: One parking space in newly constructed single family and duplex homes must be Level 2 EV Ready.

Multifamily and hotels/motels: A significant increase in EV charging requirements for new multifamily developments and hotels/motels is proposed in the Intervening Code. The proposed EV charging reach code ordinance includes the Tier 1 standards in the Intervening Code: 50% of parking spaces must provide Low Power Level 2 Receptacles, and an additional 15% of parking spaces must provide Level 2 EVSE (chargers). In addition, multifamily developments with assigned parking must provide at least 50% of the assigned parking spaces with Low Power Level 2 Receptacles.

9.D
Packet Pg. 286
The table below shows the proposed multifamily and hotel/motel standards in comparison to the existing 2022 Code EV charging standards. Cotati’s existing Code includes the Tier 1 voluntary standards.

Multifamily, Hotel/Motel EV Charging
Size Measure CALGreen CALGreen Voluntary
Existing 2022 Code Mandatory Tier 1 Tier 2
Small (<20 units)
Level 2 EV Capable 10%
Low Power Level 2
Receptacles 25% 35% 40%
Large (> 20 units)
Level 2 EV Capable 10%
Low Power Level 2
Receptacles 25% 35% 40%
Level 2 EVSE 5% 10% 15%
Proposed Intervening Code Mandatory Tier 1 Tier 2
All sizes
Low Power Level 2
Receptacles 40% 50% 55%
Level 2 EVSE 15% 15% 20%
In addition, the existing Code requirements for existing multifamily will remain in place:
additions or alterations to existing parking facilities, or to electrical systems or lighting in existing parking facilities that require a building permit, will trigger a requirement that 10% of the total number of parking spaces added or altered shall be EV Capable.

Nonresidential: The proposed changes for nonresidential projects in the Intervening Code are less significant. The Tier 1 standards for new development, which use a variable formula to specify number of parking spaces to be EV Capable or have EVSE installed (per Table A5.106.5.3.1 in the ordinance), will be clarified to require that a minimum of one parking space per new development provide an EV charger. In addition, requirements for charging for medium9.D Packet Pg. 287
and heavy-duty EVs that have applied to grocery, retail, and warehouse uses will be extended to manufacturing facilities and office buildings. The requirements for added and altered spaces (which currently apply only to multifamily) would be extended to nonresidential buildings and would also be applied when new photovoltaic systems are installed to cover existing parking spaces.

Accessory Dwelling Units (ADUs): The existing and Intervening Code mandatory and voluntary provisions for EV charging apply to ADUs. However, most ADUs in Cotati are exempt from the need to provide parking per State law, so relatively few ADU projects will be compelled to provide EV charging.

The changes proposed for the Intervening Code update are still subject to change at this time, although that is unlikely at this point in the process, which began in January 2022. The Intervening Code is due to be considered for adoption by the BSC by August 2023.

If adopted, Cotati’s EV charging reach code ordinance must be filed with the BSC. The effective date of the ordinance will be the later of 30 days following the second reading and adoption of the ordinance, or the date of filing with the BSC.

The EV charging reach code would need to be re-adopted, which may include new mandatory measures and/or additional voluntary measures, with the triennial update of the California Building Code in 2025 (taking effect January 1, 2026).

A strikeout version of the proposed ordinance is included as Attachment 2 to the staff report, to allow comparison of the Tier 1 provisions and the mandatory provisions they are replacing.

III. General Plan Consistency
The proposed ordinance to increase EV charging requirements is consistent with the following goals of the City’s General Plan:

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

9.D
Packet Pg. 288
Policy CI 3.1: Actively support the Regional Climate Protection Authority (RCPA) in its efforts to reduce GHG emissions to a level that is 25% below 1990 levels by 2015 and 40% below 1990 levels by 2035.

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

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

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

IV. Financial Considerations
The proposed ordinance will not have an adverse financial impact on the City. The staff time to prepare the ordinance will be absorbed into the Community Development Department’s budget and staff time to review and process building permits for projects including EV charging will be recovered through building permit fees.

V. Environmental Issues
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) under the following Sections:

1. 15061(b)(3) on the grounds that these standards are more stringent than the State green building standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment.

2. 15145 on the grounds that no physical changes to the environment will result from adoption of the proposed code amendments alone and that evaluation of future projectlevel impacts would be too speculative to include in this analysis. Future developments allowed by the code amendments would be subject to individual review and to projectspecific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable.

9.D
Packet Pg. 289

3. 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur. Thus, the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08- 2037), certified in March 2015.

4. Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA.

5. Sections 15307 and 15308 on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alteration; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions.

6. Section 15378 on the grounds that this action 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.

Attachments:

Attachment 1 EV Charging Glossary (PDF)
Attachment 2 Ordinance including strikeouts(PDF)
Attachment 3 Staff Presentation (PDF)

9.D
Packet Pg. 290
Attachment 1: Electric Vehicle (EV) Charging Glossary
Charger, or Electric Vehicle Supply Equipment (EVSE): A permanently installed device that can be plugged directly into an EV. Connection types vary and converters may be needed.

Receptacle: An outlet that can be used to charge an EV via portable charging equipment or which can be used to power a permanently installed charger.

Level 1 EV Ready: A parking space with the lowest level of charging, which requires 12 or more hours to reach a full charge. It consists of a dedicated (single purpose) standard 120-volt, 20-amp receptacle.

Level 2 EV Ready: A parking space with an electric circuit that can support a standard Level 2 charger, which has four times the power of a Level 1 charger. It typically provides an 80% charge in about 3 hours. It consists of a dedicated 208/240-volt, 40-amp circuit and receptacle that can be used by portable charging equipment or a permanently installed on-site charger.

Level 2 EV Capable: A parking space capable of supporting future Level 2 EV charging, which includes raceway and/or sheathed cable, panel capacity, and circuit breaker space for a 208/240- volt, 40-amp minimum branch circuit.

Low Power Level 2 Receptacle: A parking space with mid-level charging capacity that has half the power of Level 2 EV charging. It consists of a dedicated 208/240-volt, 20-amp circuit and receptacle that can be used by a portable charger. It is useful in situations where electrical capacity is limited and where slower charging times can be tolerated.

DC Fast Charger: A parking space with the highest level of standard charging for automobiles.

It can typically provide an 80% charge in 20 minutes. It requires a minimum circuit capacity of 400 volts and 100 amps.

9.D.a
Packet Pg. 291 Attachment: Attachment 1 EV Charging Glossary (EV Charging Reach Code Staff Report Second Reading) ORDINANCE NO.

9.D.b
Packet Pg. 292 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) WHEREAS, the City Council finds that in order to best protect the health, safety and welfare of the citizens of the City of Cotati, the standards of building within the City must conform with state law except where local conditions warrant more restrictive regulations; and WHEREAS, in light of the foregoing, the City Council finds that certain local amendments to Chapter 14.04 of the Cotati Municipal Code related to installation of EV charging infrastructure in an effort to reduce GHG emissions are necessary in order to better address local conditions which warrant more restrictive regulations; and
WHEREAS, the California Energy Commission has concluded that EV charging does not constitute an energy efficiency or conservation standard and is outside their scope, and that electric vehicle related amendments may be made in Part 11 of the California Building Standards Code, called the California Green Building Standards Code (“CALGreen”); and WHEREAS, this Reach Code Ordinance contains amendments to CALGreen as set forth in CMC Chapter 14.04 that are more stringent than the CALGreen standards by requiring EV charging infrastructure and equipment, resulting in reduced greenhouse gas emissions from burning fossil fuels; and
WHEREAS, nothing in this Ordinance is intended to amend or conflict with any provisions of the Energy Policy and Conservation Act of 1975, the National Energy Conservation Policy Act of 1978, or any subsequent amendments, including but not limited to the Energy Policy Act of 1992, or to impose requirements to use or install any applicable appliance or appliance system; and
WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) on the grounds that these standards are more stringent than the State green building standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment; under Section 15145 on the grounds that no physical changes to the environment will result from adoption of the proposed code amendments alone, that evaluation of future project-level impacts would be too speculative to include in this analysis, and that future developments allowed by the code amendments would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable; under Section 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur and thus the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013- 08-2037), certified in March 2015; under Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit and per Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA; under Sections 15307 and 15308 on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the

9.D.b
Packet Pg. 293 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alterations; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions; and under Section 15378 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; and
WHEREAS, the City Council finds that the Reach Code Ordinance is consistent with the intent of the City of Cotati General Plan; and
WHEREAS, notice of this ordinance was published in accordance with Government Code Sections 50022.3 and 6066; and such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter contained therein; and WHEREAS, the City Council held a duly noticed public hearing on June 13, 2023, and has reviewed all evidence submitted in connection with the staff report, including public testimony and all other documents and evidence that are part of the City administrative record.

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

SECTION 1. Purpose.

The purpose of this chapter is to modify the applicable provisions of the 2022 California Green Building Standards Code (Title 24, Part 11) (CALGreen) of the California Code of Regulations that apply to EV charging, and to enhance long-term public health and welfare by contributing to the overall reduction of greenhouse gas emissions associated with fossil fuel combustion.

SECTION 2. Findings.

The City of Cotati incorporates the findings above by reference and adopts these additional findings.

A. Human activities, such as burning natural gas to heat buildings and water, releases greenhouse gases into the atmosphere and causes an overall increase in global average temperature. An increase in global average temperatures causes more extreme and frequent weather events. Reducing the number of gas- and diesel-fueled vehicles by promoting EV charging availability will reduce the amount of fossil fuel that is burned, thus reducing the amount of greenhouse gases released into the atmosphere.

B. The City is in Climate Zone 2 as established by the 2022 California Energy Code. The City, on average, experiences an approximate annual rainfall of 30 inches. This rainfall can normally be expected between October and April. During the winter months, the City may experience periods of heavy rain, which causes local flooding.

9.D.b
Packet Pg. 294 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) Winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. The City can also experience periods of heavy fog, which can delay responding fire apparatus and prevent early discovery of structure fires. During the dry period, temperatures range from 70 to 82 degrees, with increasingly frequent heat spikes into the 90s. These temperatures are occasionally accompanied by light to gusty winds, which when coupled with highly flammable vegetation, can cause uncontrollable fires. Wind driven fires could have severe consequences, as has been demonstrated on numerous occasions throughout the state.

C. The City is susceptible to seismic hazards resulting from movement along any one of several known faults in the area. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is the possibility of earthquake-induced fires due to damaged gas lines, power lines, or heat producing appliances, and the unavailability of water for fire control due to broken water mains.

In the event of a major earthquake many areas of the City may not be accessible to emergency equipment and, if bridges or roads are damaged, the City may be isolated from outside assistance.

D. The City is divided by Highway 101 which creates a barrier and can obstruct traffic patterns and increase response time for fire equipment. The City's water supply and sewer system were both designed to work with existing topography but can be adversely affected by loss of normal operation. Sewer lift stations and well equipment can both be compromised by interruption in electrical service.

E. Local climatic, geologic and topographical conditions impact fire suppression efforts and the frequency, spread, intensity, and the size of fire involving structures in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be necessary that the California Building Standard Code Title 24 be amended to mitigate the effects of these conditions.

SECTION 3: Code Amendments.

Section. 14.04.130 of the Cotati Municipal Code is hereby repealed and readopted as follows:

Section 14.04.130 California Green Building Standards
Adoption of the California Code of Regulations Title-24 Part 11: California Green Building Standards Code 2022 edition as published by the International Code Conference and amended herein, including the following appendices:

Appendix Chapter A4, Residential Voluntary Measures, Tier 1 including Divisions A4.1, A4.3, A4.4 and A4.5, and Sections A4.601.1, A4.601.2, A4.601.3 and A4.601.4 of the California Green Building Standards Code, 2022 Edition, as amended herein.

9.D.b
Packet Pg. 295 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) Appendix Chapter A5, Non-Residential Voluntary Measures, Tier 1 including Divisions A5.1, A5.3, A5.4 and A5.5 and Sections A5.601.1, A5.601.2 and A5.601.4 of the California Green Building Standards Code, 2022 Edition, as amended herein.

The California Green Building Standards Code, Title 24, Part 11 and Appendices A4 and A5, are amended as specified below. Changes to the California Code are marked with underlines for additions and strikeouts for deletions. Sections not referenced are not modified.

Appendix A4 Residential Voluntary Measures Section A4.601.1 Scope is deleted in its entirety and amended to read as follows:

A4.601.1 Scope. The Tier 1 measures contained in this appendix, Division A4.1, A4.3, A4.4, A4.5 and A4.6 are adopted as mandatory provisions.

Appendix A5 Nonresidential Voluntary Measures Section A5.601.1 Scope is deleted in its entirety and amended to read as follows:

A5.601.1 Scope. The Tier 1 measures contained in this appendix, Division A5.1, A5.3, A5.4, A5.5 and A5.6 are adopted as mandatory provisions Section 202 Definitions, is amended to add or modify the following definitions to read as follows:

ELECTRIC VEHICLE (EV) CHARGER. [BSC-CG] Off-board charging equipment used to charge an electric vehicle.

ELECTRIC VEHICLE CHARGING STATION (EVCS). [HCD] One or more electric vehicle charging spaces served by EVSE or receptacle(s).electric vehicle charger(s) or other charging equipment allowing charging of electric vehicles. Electric vehicle charging stations are not considered parking spaces.

ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The conductors, including the ungrounded, grounded and equipment grounding conductors and the electric vehicle connectors, attachment plugs, personnel protection system, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). [HCD] The 208/240-volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 ELECTRIC VEHICLE (EV) CHARGER. [HCD] A 208/240-volt 30- ampere minimum electric vehicle charger connected to the premises electrical system capable of charging electric vehicles.

9.D.b
Packet Pg. 296 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING
RECEPTACLE. [HCD] A 208/240-volt 20-ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.

The first paragraph of Section 4.106.4 Electric vehicle (EV) charging for new construction is amended to read as follows:

4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1 or 4.106.4.2 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance comply with the California Electrical Code, Article 625.

The first paragraph of Section 4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages is amended to read as follows:

4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages. For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit and comply with Section A4.106.8.1, Tier 1. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.

The first paragraph of Section 4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities is modified as follows:

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities. When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. and A4.106.8.2, Tier 1. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as an future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.

Section 4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms is deleted in its entirety and Marked as “Reserved”.

Section 4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms is deleted in its entirety and replaced with text to read as follows:

9.D.b
Packet Pg. 297 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading)

4.106.4.2.2 Multifamily dwellings, hotels and motels

1. EV Ready Parking Spaces with Receptacles
a. Reserved (see A4.106.8.2)
b. Reserved (see A4.106.8.2)
c. Receptacle Power Source. EV charging receptacles in
multifamily parking facilities shall be provided with a dedicated branch circuit connected to the dwelling unit’s electrical panel, unless determined as infeasible by the project builder or designer and subject to concurrence of the local enforcing agency.

Exception: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.
d. Receptacle Configurations. 208/240V EV charging receptacles shall comply with one of the following configurations:

1. For 20- ampere receptacles, NEMA 6-20R

2. For 30- ampere receptacles, NEMA 14-30R

3. For 50- ampere receptacles, NEMA 14-50R

2. Reserved
Section 4.106.4.2.2.1 Electric vehicle charging stations (EVCS) is amended to read as follows:

4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Electric vehicle charging stations required by Section 4.106.4.2.2.1.2, Item 3, with EV chargers installed shall comply with Section 4.106.4.2.2.1.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

Section 4.106.4.2.2.1.1 Location is deleted in its entirety.

Section 4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions is renumbered as Section 4.106.4.2.2.1.1 and amended to read as follows:

4.106.4.2.2.1.21 Electric vehicle charging stations (EVCS) spaces with EV chargers installed; dimensions and location. The charging EVCS spaces shall be designed to comply with the following:

1. The minimum length of each EVCS space shall be 18 feet (5486 mm).

2. The minimum width of each EVCS space shall be 9 feet (2743 mm).

9.D.b
Packet Pg. 298 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading)

3. One in every 25 charging EVCS spaces, but not less than one, shall also have an 8- foot (2438 mm) wide aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EVCS space is 12 feet (3658 mm). a.

Surface slope for this EVCS space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. These EVCS spaces shall also comply with at least one of the following:
a. The EVCS space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. b. The EVCS space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.2.1.1.

Section 4.106.4.2.2.1.3 Accessible EV spaces is renumbered as Section 4.106.4.2.2.1.2 and amended to read as follows:

4.106.4.2.2.1.32 Accessible EV electric vehicle charging station spaces. In addition to the requirements in Sections 4.106.4.2.2.1.1 and 4.106.4.2.2.1.2, all EVSE EV chargers, whenwhere installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

Section 4.106.4.2.3 EV space requirements is deleted in its entirety and Marked as “Reserved”.

Section 4.106.4.2.4 Identification is deleted in its entirety and Marked as “Reserved”.

Section 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings is amended to read as follows:

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings. When Where new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered shall be electric vehicle charging spaces (EV capable spaces) capable of supporting to support future Level 2 EVSE electric vehicle supply equipment. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE.”
Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.

9.D.b
Packet Pg. 299 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) Appendix A4 Residential Voluntary Measures, Section A4.106.8 Electric vehicle (EV) charging for new construction is adopted as mandatory and amended to read as follows:

A4.106.8 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections A4.106.8.1, or A4.106.8.2 or A4.106.8.3, to facilitate future the installation and use of electric vehicle chargers EV ready spaces. Electric vehicle supply equipment (EVSE) shall comply be installed in accordance with the California Electrical Code, Article 625.

Appendix A4 Residential Voluntary Measures, Section A4.106.8.2 New multifamily development projects and hotels and motels, Tier 1 is adopted as mandatory and amended to read as follows:

A4.106.8.2 New multifamily development projects and dwellings, hotels and motels.

New multifamily development projects and dwellings, hotels and motels shall meet the following requirements.

A4.106.8.2.1 New multifamily development projects, and, hotels and motels.

Tier 1.

EV Ready. Thirty-five (35) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

Exception: Areas of parking facilities served by parking lifts.

EV Chargers for projects with 20 or more dwelling units, sleeping units or guest rooms. Ten (10) percent of the total number of parking spaces shall be equipped with Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area and shall be available for use by all residents or guests.

1. Hotels and Motels
Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

Fifteen (15) percent of the total number of parking spaces for hotels and motels shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors.

Exception: Hotels and motels may substitute Level 2 EV chargers for some or all of the required EV charging receptacles. Where Level 2 EV chargers are installed in place of low power Level 2 receptacles, at least fifty (50) percent of the installed EV chargers shall be equipped with J1772 connectors.

2. Multifamily Parking Facilities

9.D.b
Packet Pg. 300 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. EV charging receptacles required by this section shall be located in at least one assigned parking space per dwelling unit where assigned parking is provided but need not exceed fifty (50) percent of the total number of parking spaces provided on the site.

Fifteen (15) percent of the total number of parking spaces shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors. Where common use parking or unassigned parking is provided, EV chargers shall be located in common use or unassigned parking areas and shall be available for use by all residents or guests.

Exception to Section A4.106.8.2: Areas of parking facilities served by parking lifts, including but not limited to automated mechanical-access open parking garages as defined in the California Building Code; or parking facilities otherwise incapable of supporting electric vehicle charging.

Note to Section A4.106.8.2: An automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EV chargers shall have a capacity of not less than 30 amperes.

Appendix A4 Residential Voluntary Measures, Section A4.106.8.2.2 Technical Requirements is adopted as mandatory and amended to read as follows:

A4.106.8.2.2 Technical requirements. The EV spaces required by Section A4.106.8.2 shall be designed and constructed in accordance with Sections 4.106.4.2, 4.106.4.2.1 (Notes), 4.106.4.2.2 (Notes), 4.106.4.2.2.1.1, 4.106.4.2.2.1.2, 4.106.4.2.2.1.3, 4.106.4.2.3,

4.106.4.2.4 and 4.106.4.2.5.

The first paragraph of Section 5.106.5.3 Electric Vehicle (EV) charging is amended to read as follows:

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section A5.106.5.3 (Tier 1) 5.106.5.3.1, and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Section 5.106.5.3.2 Electric vehicle charging stations (EVCS) is amended to read as follows:

5.106.5.3.2 Electric vehicle charging stations (EVCS). EV capable spaces shall be provided with electric vehicle supply equipment (EVSE) to create EVCS in the number indicated in Section A5.106.5.3 Table 5.106.5.3.1. The EVCS required by Section A5.106.5.3Table 5.106.5.3.1 may shall be provided with Level 2 EVSE or DCFC as

9.D.b
Packet Pg. 301 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) permitted in Section 5.106.5.3.2.1. in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided. At least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section A5.106.5.3 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

5.106.5.3.2.1 The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE or EVCS with Level 2 EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

5.106.5.3.2.2 The installation of two Low Power Level 2 EV charging receptacles shall be permitted to reduce the minimum number of required EV capable spaces without EVSE in Section A5.106.3 by one.

Section 5.106.5.3.4 Accessible EVCS is amended to read as follows:

5.106.5.3.4 Accessible electric vehicle charging station (EVCS). When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3.

Note: For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s) Section 5.106.5.3.5 Electric vehicle charging station signage is added to read as follows:

5.106.5.3.5 Electric vehicle charging station signage. Electric vehicle charging stations shall be identified by signage or pavement markings in compliance with Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).

Section 5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty is renumbered as Section 5.106.5.5 and amended to read as specified below.

A new Section 5.106.5.4 Additions or Alterations to existing buildings or parking facilities is added to read as follows:

5.106.5.4 Additions or Alterations to existing buildings or parking facilities [A]. [BSCCG] Existing buildings or parking facilities being modified by one of the following, shall comply with Section 5.106.5.4.1 or 5.106.5.4.2. When EVSE is installed, accessible EVCS shall be provided in accordance with the California Building Code, Chapter 11B, Section 11B-228.3.

1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration.

2. When a new photovoltaic system is installed covering existing parking spaces.

9.D.b
Packet Pg. 302 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading)

3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section

5.106.5.3, may adversely impact the construction cost of the project. d. Where demonstrated as impracticable excluding local utility service or utility infrastructure issues.

2. Remote parking facilities that do not have access to the building service panel.

3. Parking area lighting upgrades where no trenching is part of the scope of work.

4. Emergency repairs including but not limited to, water line break in parking facilities, natural disaster repairs, etc.

5.106.5.4.1 Existing buildings or parking areas without previously installed EV capable infrastructure [A]. When EV capable infrastructure does not exist at an existing parking facility or building, and the parking facility or building undergoes an addition or alteration listed in Section 5.106.5.4, construction shall include electric vehicle charging in compliance with Section 5.106.5.3 for the total number of actual parking spaces being added or altered.

5.106.5.4.2 Existing buildings or parking areas with previously installed EV capable infrastructure [A]. When EV capable infrastructure is available at an existing parking facility or building, and the parking facility or building is undergoing an addition or alteration listed in Section 5.106.5.4, construction shall include electric vehicle charging in compliance with Section 5.106.5.3 utilizing the existing EV capable allocated power and infrastructure for the total number of actual parking spaces being added or altered. If the area being added or altered exceeds the existing EV capable capacity, allocated power and infrastructure, provide additional EV charging as needed to comply with this section.

Section 5.106.5.5, previously numbered as Section 5.106.5.4 Electric vehicle (EV) charging:
medium-duty and heavy-duty, is amended to read as follows:

5.106.5. 4 5 Electric vehicle (EV) charging: medium-duty and heavy-duty. [N] [BSCCG] Construction shall comply with Section 5.106.5. 4 5.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores, retail stores, office buildings, and manufacturing facilities with planned off-street

9.D.b
Packet Pg. 303 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) loading spaces shall also comply with Section 5.106.5. 4 5.1 for future installation of medium- and heavy-duty EVSE.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section

5.106.5.3, may adversely impact the construction cost of the project.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

5.106.5. 4 5.1 Electric vehicle charging readiness requirements for warehouses, grocery stores and retail stores, office buildings, and manufacturing facilities with planned off-street loading spaces [N]
In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5. 4 5.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

2. The construction documents shall indicate one or more location(s) convenient to the planned off-street loading space(s) reserved for medium- and heavy-duty ZEV charging cabinets and charging dispensers, and a pathway reserved for routing of conduit from the termination of the raceway(s) or busway(s) to the charging cabinet(s) and dispenser(s), as shown in Table 5.106.5. 4 5.1.

3. Raceway(s) or busway(s) originating at a main service panel or a subpanel(s) serving the area where potential future medium- and heavy-duty EVSE will be located and shall terminate in close proximity to the potential future location of the charging equipment for medium- and heavy-duty vehicles.

4. The raceway(s) or busway(s) shall be of sufficient size to carry the minimum additional system load to the future location of the charging for medium- and heavy-duty ZEVs as shown in Table 5.106.5. 4 5.1.

9.D.b
Packet Pg. 304 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) TABLE 5.106.5. 4 5.1, RACEWAY CONDUIT AND PANEL
POWER REQUIREMENTS FOR MEDIUM-AND-HEAVY-DUTY EVSE [N]
Building type Building Size
(sq. ft.)
Number of Offstreet loading spacesAdditional capacity
Required (kVa) for
Raceway &
Busway and
Transformer &
Panel
Grocery 10,000 to 90,000 1 or 2 200
3 or Greater 400
Greater than
90,000 1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
3 or Greater 400
Greater than
135,000 1 or Greater 400
Warehouse 20,000 to 256,000 1 or 2 200
3 or Greater 400
Greater than
256,000 1 or Greater 400
Manufacturing
Facilities
10,000 to 50,000 1 or 2 200
Manufacturing
Facilities
10,000 to 50,000 3 or Greater 400
Manufacturing
Facilities
Greater than
50,000 1 or Greater 400
Office
Buildings
10,000 to 135,000 1 or 2 200
Office
Buildings
10,000 to 135,000 3 or Greater 400
Office
Buildings
Greater than
135,000 1 or Greater 400
Appendix A5 Nonresidential Voluntary Measures, Section A5.106.5.3 Electric vehicle (EV) charging is adopted as mandatory and amended to read as follows:

A5.106.5.3 Electric vehicle (EV) charging. Construction shall comply with Section A5.106.5.3.1 Tier 1 or A5.106.5.3.2, and in accordance with regulations in the California Building Code and the California Electrical Code.

A5.106.5.3.1 Tier 1. Comply with Section 5.106.5.3.1 EV capable spaces, Section

5.106.5.3.2 Electric vehicle charging stations and associated Table A5.106.5.3.1 Tier 1, or comply with Section A5.106.5.3.2 Electric vehicle charging stations (EVCS)-Power allocation method and associated Table A5.106.5.3.2 Tier 1. Table A5.106.5.3.1 shall be used to determine the number of EV capable spaces required. Refer to Section 5.106.5.3 for design space requirements.

9.D.b
Packet Pg. 305 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) When EV capable spaces are provided with EVSE to create EVCS per Table A5.106.5.3.1, r Refer to Section 5.106.5.3.2 for the allowed permitted use of Level 2 or Direct Current Fast Charger (DCFC) to create EVCS. Refer to Section 5.106.3.2.1 for the allowed use of DCFC to comply with both EV capable spaces and Level 2 EVSE. and Refer to Section 5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).

TABLE A5.106.5.3.1 Tier 1
TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES
TIER 1 NUMBER OF

REQUIRED EV

CAPABLE SPACES
TIER 1 NUMBER OF

EVCS (EV CAPABLE

SPACES PROVIDED
WITH EVSE) 2, 3
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 6
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30 percent of actual total
parking spaces1
33 percent of EV capable
spaces 1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

3. At least one Level 2 EVSE shall be provided.

Appendix A5 Nonresidential Voluntary Measures, Section A5.106.5.3.2 is deleted in its entirety and replaced with mandatory requirements to read as follows:

A5.106.5.3.2 Electric vehicle charging stations (EVCS)-Power allocation method.

The Power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, Section 5.106.5.3.2 and associated Table A5.106.5.3.1 Tier 1. Use Table A5.106.5.3.2 Tier 1 to determine the total power in kVA required based on the total number of actual parking spaces.

Power allocation method shall include the following:

1. Use any kVA combination of EV capable spaces, Low Power Level 2, Level 2 or DCFC EVSEs.

2. At least one Level 2 EVSE shall be provided.

9.D.b
Packet Pg. 306 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) TABLE A5.106.5.3.2 Tier 1

1. Level 2 EVSE @ 6.6 kVA minimum.

2. At least one Level 2 EVSE shall be provided.

3. Maximum allowed kVA to be utilized for EV capable spaces is 67 percent.

4. If EV capable spaces are utilized they shall meet the requirements of Section

5.106.5.3.1 EV capable spaces.

Appendix A5 Nonresidential Voluntary Measures, Section A5.601, Table A5.601 is amended as follows:

The Tier 1 cell for Electric Vehicle Charging is amended to read as follows: Approx. 30% of total spaces Meet provisions of Section A5.106.5.3.

PARKING
SPACES

MINIMUM
TOTAL kVA
@ 6.6 kVA
TOTAL kVA REQUIRED

IN ANY COMBINATION OF EV
CAPABLE 3, 4, LOW POWER LEVEL
2 LEVEL 2 1, 2, OR DCFC
0-9 13.2 13.2
10-25 33 33
26-50 72.6 72.6
51-75 125.4 125.4
76-100 171.6 171.6
101-150 250.8 250.8
151-200 349.8 349.8
201 and over 30 percent of
actual parking
spaces x 6.6
Total required kVA =P x .30 x 6.6 Where
P=Parking spaces in facility

9.D.b
Packet Pg. 307 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) allowed by the code amendments would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable. This ordinance is also exempt under Section 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur. Thus, the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015. This ordinance is also exempt under Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA. This ordinance is also exempt under Sections 15307 and 15308 on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alteration; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions. This action is also exempt from 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 Section 15378.

SECTION 5. Severability
If any word, phrase sentence part, section, subsection or other portion of this ordinance or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this ordinance, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this ordinance and each section, subsection sentence, clause and phrase of this ordinance, irrespective of the fact that any one or more sections, subsection, sentences, clauses or phrases is declared invalid or unconstitutional.

SECTION 6. Violations
Violation of the requirements of this Chapter shall be considered a violation of the Cotati Municipal Code, and shall be subject to enforcement in accordance with the provisions of Chapter 14.11.010 Penalties and violations of the Cotati Municipal Code.

9.D.b
Packet Pg. 308 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) SECTION 7. Effective Date
This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code, or upon the date that the ordinance is filed with the California Building Standards Commission, whichever is later.

SECTION 8. Publication
The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

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

9.D.b
Packet Pg. 309 Attachment: Attachment 2 Ordinance including strikeouts (EV Charging Reach Code Staff Report Second Reading) Electric Vehicle
Charging Reach Code
Ordinance
Cotati City Council
Community Development
Department
June13, 2023

9.D.c
Packet Pg. 310 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report Background  CA Building Code Updated 2022 (Triennial, 2023 -2025)
 Cotati adopted Tier1 of CALGreen code for EV
charging
 Intervening Code update of CA Building Code= higher
mandatory, Tier 1, and Tier 2 standards effective
7/1/2024
 Council workshop in April on reach codes: Council
direction to pursue Intervening Code Tier 1 on EV
charging ASAP
 Reach code related to all-electric buildings on hold
pending resolution of legal issues

9.D.c
Packet Pg. 311 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report Cotati’s 2022 Code vs. Intervening Code
Tier 1 (Proposed Reach Code)
New single family/duplex
No change
One space must be Level 2
EV Ready
Applies to ADUs (although
most are parking-exempt)

9.D.c
Packet Pg. 312 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report Cotati’s 2022 Code vs. Intervening Code Tier 1
(Proposed Reach Code): Multifamily/Hotels
 Existing MF—10% added/altered parking spaces—Level 2 EV Capable (also when electrical systems or lighting altered)
Size Measure CALGreen CALGreen Voluntary
Existing 2022 Code Mandatory Tier 1 Tier 2
Small (<20 units)
Level 2 EV Capable 10%
Low Power Level 2
Receptacles 25% 35% 40%
Large (> 20 units)
Level 2 EV Capable 10%
Low Power Level 2
Receptacles 25% 35% 40%
Level 2 EVSE 5% 10% 15%
Proposed Intervening Code Mandatory Tier 1 Tier 2
All sizes
Low Power Level 2
Receptacles 40% 50% 55%
Level 2 EVSE 15% 15% 20%

9.D.c
Packet Pg. 313 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report Cotati’s 2022 Code vs. Intervening Code
Tier 1 (Proposed Reach Code)
Non-Residential
 New buildings
 EV Capable: Minimum 2 spaces
 EVSE: Minimum 1 space (New)
 New: Charging for medium- and heavyduty EVs extended to manufacturing facilities, office buildings
 Existing Buildings
 New: 10% of added/altered parking
spaces must be Level 2 EV Capable
(also when electrical systems or
lighting altered, or PVs added)

TOTAL NUMBER OF

ACTUAL PARKING
SPACES
TIER 1 NUMBER OF REQUIRED

EV CAPABLE SPACES
TIER 1 NUMBER OF EVCS (EV

CAPABLE SPACES PROVIDED

WITH EVSE)
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 6
76-100 26 9
101-150 38 13
151-200 53 18
201 and over 30 percent of actual parking
spaces
33 percent of EV capable
spaces
TABLE A5.106.5.3.1
Tier 1 Standards for Non-Residential

9.D.c
Packet Pg. 314 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report Adoption Process  If adopted, reach code filed with CA Building Standards Commission (BSC)
 Effective date the later of 1) Filing with BSC or
2) 30 days following adoption
 Reach code needs to be re-adopted with triennial
update ofCA Building Code in 2025 (for
1/1/2026)
 New mandatory measures from State or
additional voluntary measures may be adopted

9.D.c
Packet Pg. 315 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report Recommendation
The Community Development
Department recommends that the City
Council hold a public hearing and
introduce an ordinance amending the
City’s Building Code to require
increased electric vehicle charging
infrastructure and equipment in
building projects.

9.D.c
Packet Pg. 316 Attachment: Attachment 3 Staff Presentation (EV Charging Reach Code Staff Report ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING THE COTATI MUNICIPAL CODE CHAPTER 14.04 “BUILDING AND CONSTRUCTION, UNIFORM CODES” TO ADOPT AN ELECTRIC VEHICLE CHARGING REACH CODE
WHEREAS, greenhouse gas (“GHG”) accumulation in the atmosphere as the result of human activity is the primary cause of the global climate crisis; and WHEREAS, the State of California enacted Senate Bill (SB) 32 to require that GHG emissions be reduced to 40% below 1990 levels by 2030 and Governor Brown issued Executive Order B-55-18 establishing a statewide target of carbon neutrality by 2045; and WHEREAS, California has committed to transition the state’s electricity to 100% clean sources before 2045; and
WHEREAS, on November 26, 2019 the City Council passed Resolution 2019-74 declaring a climate emergency and joined a nationwide call for a just transition away from fossil fuels; and
WHEREAS, the Sonoma Climate Mobilization Strategy, which encourages local jurisdictions to pursue Reach Codes as a means to reduce GHG emissions, was adopted by the Regional Climate Protection Authority on March 8, 2021, and includes as a key strategy the increased installation of electric vehicle (“EV”) charging stations; and WHEREAS, Cotati and its neighboring jurisdictions are already experiencing and at risk of more frequently experiencing the devastating effects of extreme heat and weather events and flooding caused by climate change, including increased frequency and magnitude of wildfires and associated air pollution, health impacts, utility and transportation service interruptions, economic disruption, property loss, dislocation, housing shortages, food insecurity, school closures, impacts on agricultural production, and increased demand on public sector resources and emergency response capacity; and
WHEREAS, on October 25, 2022, at a duly noticed public hearing, the City Council adopted by ordinance the 2022 California Building Standards Code (Title 24 of the California Code of Regulations), with minor amendments, as Chapter 14.04 “Building and Construction, Uniform Codes” of the Cotati Municipal Code (CMC) to take effect January 1, 2023; and WHEREAS, local jurisdictions are authorized by Health and Safety Code Sections 18941.5, 17958.5, and 17958.7 to adopt local ordinances, known as Reach Codes, that are more restrictive than the minimum standards defined by the California Building Standards Code when deemed reasonably necessary because of local climatic, geological, or topographical conditions; and
Packet Pg. 317
WHEREAS, the City Council finds that in order to best protect the health, safety and welfare of the citizens of the City of Cotati, the standards of building within the City must conform with state law except where local conditions warrant more restrictive regulations; and WHEREAS, in light of the foregoing, the City Council finds that certain local amendments to Chapter 14.04 of the Cotati Municipal Code related to installation of EV charging infrastructure in an effort to reduce GHG emissions are necessary in order to better address local conditions which warrant more restrictive regulations; and WHEREAS, the California Energy Commission has concluded that EV charging does not constitute an energy efficiency or conservation standard and is outside their scope, and that electric vehicle related amendments may be made in Part 11 of the California Building Standards Code, called the California Green Building Standards Code (“CALGreen”); and WHEREAS, this Reach Code Ordinance contains amendments to CALGreen as set forth in CMC Chapter 14.04 that are more stringent than the CALGreen standards by requiring EV charging infrastructure and equipment, resulting in reduced greenhouse gas emissions from burning fossil fuels; and
WHEREAS, nothing in this Ordinance is intended to amend or conflict with any provisions of the Energy Policy and Conservation Act of 1975, the National Energy Conservation Policy Act of 1978, or any subsequent amendments, including but not limited to the Energy Policy Act of 1992, or to impose requirements to use or install any applicable appliance or appliance system; and
WHEREAS, this ordinance is exempt from the California Environmental Quality Act (CEQA) under:
i. Section 15061(b)(3) on the grounds that these standards are more stringent than the State green building standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment;
ii. Section 15145 on the grounds that no physical changes to the environment will result from adoption of the proposed code amendments alone, that evaluation of future projectlevel impacts would be too speculative to include in this analysis, and that future developments allowed by the code amendments would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable; iii. Section 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur and thus the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013- 08-2037), certified in March 2015;
iv. Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a Packet Pg. 318
nondiscretionary building permit and per Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA;
v. Sections 15307 and 15308 on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alterations; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions; and vi. Section 15378 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; and
WHEREAS, the City Council finds that the Reach Code Ordinance is consistent with the intent of the City of Cotati General Plan; and
WHEREAS, notice of this Ordinance was published in accordance with Government Code Section and 6066; and such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter contained therein; and WHEREAS, the City Council held a duly noticed public hearing on June 13, 2023, and has reviewed all evidence submitted in connection with the staff report, including public testimony and all other documents and evidence that are part of the City administrative record.

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

SECTION 1. Purpose.

SECTION 2. Findings.

The City of Cotati incorporates the findings above by reference and adopts these additional findings.

Packet Pg. 319
B. The City is in Climate Zone 2 as established by the 2022 California Energy Code. The City, on average, experiences an approximate annual rainfall of 30 inches. This rainfall can normally be expected between October and April. During the winter months, the City may experience periods of heavy rain, which causes local flooding.

Winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. The City can also experience periods of heavy fog, which can delay responding fire apparatus and prevent early discovery of structure fires. During the dry period, temperatures range from 70 to 82 degrees, with increasingly frequent heat spikes into the 90s. These temperatures are occasionally accompanied by light to gusty winds, which when coupled with highly flammable vegetation, can cause uncontrollable fires. Wind driven fires could have severe consequences, as has been demonstrated on numerous occasions throughout the state.

In the event of a major earthquake many areas of the City may not be accessible to emergency equipment and, if bridges or roads are damaged, the City may be isolated from outside assistance.

SECTION 3: Code Amendments.

Section. 14.04.130 of the Cotati Municipal Code is hereby repealed and readopted as follows:

Packet Pg. 320
Appendix Chapter A4, Residential Voluntary Measures, Tier 1 including Divisions A4.1, A4.3, A4.4 and A4.5, and Sections A4.601.1, A4.601.2, A4.601.3 and A4.601.4 of the California Green Building Standards Code, 2022 Edition, as amended herein.

Appendix Chapter A5, Non-Residential Voluntary Measures, Tier 1 including Divisions A5.1, A5.3, A5.4 and A5.5 and Sections A5.601.1, A5.601.2 and A5.601.4 of the California Green Building Standards Code, 2022 Edition, as amended herein.

Appendix A4 Residential Voluntary Measures Section A4.601.1 Scope is deleted in its entirety and amended to read as follows:

A4.601.1 Scope. The Tier 1 measures contained in this appendix, Division A4.1, A4.3, A4.4, A4.5 and A4.6 are adopted as mandatory provisions.

Appendix A5 Nonresidential Voluntary Measures Section A5.601.1 Scope is deleted in its entirety and amended to read as follows:

ELECTRIC VEHICLE (EV) CHARGER. [BSC-CG] Off-board charging equipment used to charge an electric vehicle.

ELECTRIC VEHICLE CHARGING STATION (EVCS). [HCD] One or more electric vehicle charging spaces served by EVSE or receptacle(s).

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT. [HCD] The 208/240-volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs and all other fittings, devices, power outlets or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.

LEVEL 2 ELECTRIC VEHICLE (EV) CHARGER. [HCD] A 208/240-volt 30- ampere minimum electric vehicle charger connected to the premises electrical system capable of charging electric vehicles.

LOW POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING
RECEPTACLE. [HCD] A 208/240-volt 20-ampere minimum branch circuit and a receptacle.

The first paragraph of Section 4.106.4 Electric vehicle (EV) charging for new construction is amended to read as follows:

4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1 or 4.106.4.2. Electric vehicle supply equipment (EVSE) shall comply with the California Electrical Code.

The first paragraph of Section 4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages is amended to read as follows:

Packet Pg. 321

The first paragraph of Section 4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities is modified as follows:

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities. When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.2. and A4.106.8.2, Tier 1. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as an EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code Section 22511.2 for further details.

4.106.4.2.2 Multifamily dwellings, hotels and motels

1. For 20- ampere receptacles, NEMA 6-20R

2. For 30- ampere receptacles, NEMA 14-30R
Packet Pg. 322

3. For 50- ampere receptacles, NEMA 14-50R

2. Reserved
Section 4.106.4.2.2.1 Electric vehicle charging stations (EVCS) is amended to read as follows:

4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Electric vehicle charging stations required by Section 4.106.4.2, with EV chargers installed shall comply with Section 4.106.4.2.2.1.1.

Section 4.106.4.2.2.1.1 Location is deleted in its entirety.

Section 4.106.4.2.2.1.2 Electric vehicle charging stations (EVCS) dimensions is renumbered as Section 4.106.4.2.2.1.1 and amended to read as follows:

4.106.4.2.2.1.1 Electric vehicle charging stations (EVCS) spaces with EV chargers installed; dimensions and location. EVCS spaces shall be designed to comply with the following:

1. The minimum length of each EVCS space shall be 18 feet (5486 mm).

2. The minimum width of each EVCS space shall be 9 feet (2743 mm).

3. One in every 25 EVCS spaces, but not less than one, shall also have an 8-foot (2438 mm) wide aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EVCS space is 12 feet (3658 mm).

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.2.1.1.

Section 4.106.4.2.2.1.3 Accessible EV spaces is renumbered as Section 4.106.4.2.2.1.2 and amended to read as follows:

4.106.4.2.2.1.32 Accessible electric vehicle charging station spaces. In addition to the requirements in Section 4.106.4.2.2.1.1, all EV chargers, where installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

Section 4.106.4.2.3 EV space requirements is deleted in its entirety and Marked as “Reserved”.

Packet Pg. 323
Section 4.106.4.2.4 Identification is deleted in its entirety and Marked as “Reserved”.

Section 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings is amended to read as follows:

4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings. Where new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered shall be EV capable spaces to support future Level 2 electric vehicle supply equipment. The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE.” Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.

Appendix A4 Residential Voluntary Measures, Section A4.106.8 Electric vehicle (EV) charging for new construction is adopted as mandatory and amended to read as follows:

A4.106.8 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections A4.106.8.1 or A4.106.8.2, to facilitate the installation and use of EV ready spaces. Electric vehicle supply equipment (EVSE) shall comply with the California Electrical Code.

Appendix A4 Residential Voluntary Measures, Section A4.106.8.2 New multifamily development projects and hotels and motels, Tier 1 is adopted as mandatory and amended to read as follows:

A4.106.8.2 New multifamily dwellings, hotels and motels. New multifamily dwellings, hotels and motels shall meet the following requirements.

A4.106.8.2.1 New multifamily development projects, and, hotels and motels.

Tier 1.

1. Hotels and Motels
Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles.

2. Multifamily Parking Facilities
Fifty (50) percent of the total number of parking spaces shall be equipped with low power Level 2 EV charging receptacles. EV charging receptacles required Packet Pg. 324
by this section shall be located in at least one assigned parking space per dwelling unit where assigned parking is provided but need not exceed fifty (50) percent of the total number of parking spaces provided on the site.

Appendix A4 Residential Voluntary Measures, Section A4.106.8.2.2 Technical Requirements is adopted as mandatory and amended to read as follows:

A4.106.8.2.2 Technical requirements. The EV spaces required by Section A4.106.8.2 shall be designed and constructed in accordance with Sections 4.106.4.2, 4.106.4.2.2.1.1,

4.106.4.2.2.1.2, and 4.106.4.2.5.

The first paragraph of Section 5.106.5.3 Electric Vehicle (EV) charging is amended to read as follows:

5.106.5.3 Electric vehicle (EV) charging. [N] Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section A5.106.5.3 (Tier 1) and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code.

Section 5.106.5.3.2 Electric vehicle charging stations (EVCS) is amended to read as follows:

5.106.5.3.2 Electric vehicle charging stations (EVCS). EV capable spaces shall be provided with electric vehicle supply equipment (EVSE) to create EVCS in the number indicated in Section A5.106.5.3. The EVCS required by Section A5.106.5.3 shall be provided with Level 2 EVSE or DCFC as permitted in Section 5.106.5.3.2.1. At least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section A5.106.5.3 for each EV capable space is accumulatively supplied to the EV charger.

Packet Pg. 325

5.106.5.3.2.2 The installation of two Low Power Level 2 EV charging receptacles shall be permitted to reduce the minimum number of required EV capable spaces without EVSE in Section A5.106.3 by one.

Section 5.106.5.3.4 Accessible EVCS is amended to read as follows:

Section 5.106.5.3.5 Electric vehicle charging station signage is added to read as follows:

Section 5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty is renumbered as Section 5.106.5.5 and amended to read as specified below.

A new Section 5.106.5.4 Additions or Alterations to existing buildings or parking facilities is added to read as follows:

1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration.

2. When a new photovoltaic system is installed covering existing parking spaces.

3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.

Exceptions:

5.106.5.3, may adversely impact the construction cost of the project. d. Where demonstrated as impracticable excluding local utility service or utility infrastructure issues.

Packet Pg. 326

2. Remote parking facilities that do not have access to the building service panel.

3. Parking area lighting upgrades where no trenching is part of the scope of work.

4. Emergency repairs including but not limited to, water line break in parking facilities, natural disaster repairs, etc.

Section 5.106.5.5, previously numbered as Section 5.106.5.4 Electric vehicle (EV) charging:
medium-duty and heavy-duty, is amended to read as follows:

5.106.5.5 Electric vehicle (EV) charging: medium-duty and heavy-duty. [N] [BSCCG] Construction shall comply with Section 5.106.5.5.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores, retail stores, office buildings, and manufacturing facilities with planned off-street loading spaces shall also comply with Section 5.106.5.5.1 for future installation of medium- and heavy-duty EVSE.

Exceptions:

1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section

5.106.5.3, may adversely impact the construction cost of the project.

When EVSE(s) is/are installed, it shall be in accordance with the California Building Code, the California Electrical Code and as follows:

5.106.5.5.1 Electric vehicle charging readiness requirements for warehouses, grocery stores and retail stores, office buildings, and manufacturing facilities with planned off-street loading spaces [N]
Packet Pg. 327
In order to avoid future demolition when adding EV supply and distribution equipment, spare raceway(s) or busway(s) and adequate capacity for transformer(s), service panel(s) or subpanel(s) shall be installed at the time of construction in accordance with the California Electrical Code. Construction plans and specifications shall include, but are not limited to, the following:

1. The transformer, main service equipment and subpanels shall meet the minimum power requirement in Table 5.106.5.5.1 to accommodate the dedicated branch circuits for the future installation of EVSE.

TABLE 5.106.5.5.1, RACEWAY CONDUIT AND PANEL
POWER REQUIREMENTS FOR MEDIUM-AND-HEAVY-DUTY EVSE [N]
Building type Building Size
(sq. ft.)
Number of Offstreet loading spacesAdditional capacity
Required (kVa) for
Raceway &
Busway and
Transformer &
Panel
Grocery 10,000 to 90,000 1 or 2 200
3 or Greater 400
Greater than
90,000 1 or Greater 400
Retail 10,000 to 135,000 1 or 2 200
3 or Greater 400
Greater than
135,000 1 or Greater 400
Warehouse 20,000 to 256,000 1 or 2 200
3 or Greater 400
Greater than
256,000 1 or Greater 400
Manufacturing
Facilities
10,000 to 50,000 1 or 2 200
Packet Pg. 328
Manufacturing
Facilities
10,000 to 50,000 3 or Greater 400
Manufacturing
Facilities
Greater than
50,000 1 or Greater 400
Office
Buildings
10,000 to 135,000 1 or 2 200
Office
Buildings
10,000 to 135,000 3 or Greater 400
Office
Buildings
Greater than
135,000 1 or Greater 400
Appendix A5 Nonresidential Voluntary Measures, Section A5.106.5.3 Electric vehicle (EV) charging is adopted as mandatory and amended to read as follows:

A5.106.5.3 Electric vehicle (EV) charging. Construction shall comply with Section A5.106.5.3.1 Tier 1, and in accordance with regulations in the California Building Code and the California Electrical Code.

A5.106.5.3.1 Tier 1. Comply with Section 5.106.5.3.1 EV capable spaces, Section

Refer to Section 5.106.5.3.2 for the permitted use of Level 2 or Direct Current Fast Charger (DCFC) to create EVCS. Refer to Section 5.106.3.2.1 for the allowed use of DCFC to comply with both EV capable spaces and Level 2 EVSE. Refer to Section

5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).

TABLE A5.106.5.3.1 Tier 1
TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES
TIER 1 NUMBER OF

REQUIRED EV

CAPABLE SPACES
TIER 1 NUMBER OF

EVCS (EV CAPABLE

SPACES PROVIDED
WITH EVSE) 2, 3
0-9 2 0
10-25 5 2
26-50 11 4
51-75 19 6
76-100 26 9
101-150 38 13
151-200 53 18
Packet Pg. 329
TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES
TIER 1 NUMBER OF

REQUIRED EV

CAPABLE SPACES
TIER 1 NUMBER OF

EVCS (EV CAPABLE

SPACES PROVIDED
WITH EVSE) 2, 3
201 and over 30 percent of actual total
parking spaces1
33 percent of EV capable
spaces 1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

3. At least one Level 2 EVSE shall be provided.

Appendix A5 Nonresidential Voluntary Measures, Section A5.106.5.3.2 is deleted in its entirety and replaced with mandatory requirements to read as follows:

A5.106.5.3.2 Electric vehicle charging stations (EVCS)-Power allocation method.

Power allocation method shall include the following:

1. Use any kVA combination of EV capable spaces, Low Power Level 2, Level 2 or DCFC EVSEs.

2. At least one Level 2 EVSE shall be provided.

TABLE A5.106.5.3.2 Tier 1
TOTAL
NUMBER
OF
ACTUAL

PARKING
SPACES

MINIMUM
TOTAL kVA
@ 6.6 kVA
TOTAL kVA REQUIRED

1. Level 2 EVSE @ 6.6 kVA minimum.

2. At least one Level 2 EVSE shall be provided.

3. Maximum allowed kVA to be utilized for EV capable spaces is 67 percent.

4. If EV capable spaces are utilized they shall meet the requirements of Section

5.106.5.3.1 EV capable spaces.

Appendix A5 Nonresidential Voluntary Measures, Section A5.601, Table A5.601 is amended as follows:

The Tier 1 cell for Electric Vehicle Charging is amended to read as follows: Meet provisions of Section A5.106.5.3.

SECTION 4. Environmental Compliance
This ordinance is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) on the grounds that these standards are more stringent than the State green building standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment. This ordinance is also exempt under Section 15145 on the grounds that no physical changes to the environment will result from adoption of the proposed code amendments alone and that evaluation of future project-level impacts would be too speculative to include in this analysis. Future developments allowed by the code amendments would be subject to individual review and to project-specific use, development, and design standards on a project specific basis, including project-level CEQA analysis if applicable. This ordinance is also exempt under Section 15183 on the grounds that the proposed code amendment is intended to maintain the potential intensity of development that may otherwise be permitted in the underlying zoning districts where developments subject to the code amendment may occur. Thus, the proposed code amendments maintain the current potential for environmental impacts as analyzed in the Cotati General Plan Environmental Impact Report (EIR) (SCH# 2013-08-2037), certified in March 2015. This ordinance is also exempt under Section 15268 on the grounds that pursuant to Government Code Section 65850.7(b), cities shall administratively approve electric vehicle charging stations through a nondiscretionary building permit. In accordance with Section 15268, ministerial projects, such as issuance of a building permit, are exempt from CEQA. This ordinance is also exempt under Sections 15307 and 15308 TOTAL
NUMBER
OF
ACTUAL

PARKING
SPACES

MINIMUM
TOTAL kVA
@ 6.6 kVA
TOTAL kVA REQUIRED

IN ANY COMBINATION OF EV
CAPABLE 3, 4, LOW POWER LEVEL
2 LEVEL 2 1, 2, OR DCFC
201 and over 30 percent of
actual parking
spaces x 6.6
Total required kVA =P x .30 x 6.6 Where
P=Parking spaces in facility
Packet Pg. 331
on the grounds that: a) the City, as regulatory agency, is authorized to amend the Green Building Standards Code; b) this ordinance assures the maintenance and protection of the environment by amending the Green Building Standards Code to impose more stringent EV charging requirements for future buildings and certain additions and alterations; and c) the ordinance will institute regulatory requirements intended to protect the environment and natural resources by requiring installation of more EV charging infrastructure, which will reduce the amount of fossil fuels burned, thereby reducing the amount of GHG emissions. This action is also exempt from 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 Section 15378.

SECTION 7. Effective Date
This ordinance shall take effect thirty (30) days after its adoption pursuant to California Government Code, or upon the date that the ordinance is filed with the California Building Standards Commission, whichever is later.

SECTION 8. Publication
The City Clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

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

Packet Pg. 332
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
Packet Pg. 333
Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Acceptance of Public Improvements for structures at 8125, 8145, and 8175 Gravenstein Highway
Date: June 27, 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 Public Improvements for the structures at 8125, 8145, and 8175 Gravenstein Highway as described in the Public Improvement Agreement executed on December 16, 2021, and authorizing the City Clerk to record the notice of completion and to release any Public Improvement Agreement Securities upon the passage of 35 days of noticing with no protests.

Background
On June 21, 2021, the Planning Commission approved final design review for the proposed improvements to the property and buildings located at 8125, 8145 and 8175 Gravenstein Highway (Project). The Planning Commission action entitled the project for these improvements and the City entered into a Public Improvement Agreement with the Project’s Developer for construction of improvements within the City’s right of way. Required easement documents were recorded prior to construction. The frontage improvements consist generally of sidewalk, curb and gutter and street improvements.

Analysis/Discussion
Townsend Capital Partners, LLC (Developer) owns the property known as 8125, 8145, and 8175 Gravenstein Highway, located in the City of Cotati with Assessor’s Parcel Number 144-040-021.

On November 9, 2021, City Council approved the improvement plans, the Public Improvement Agreement, the required land dedications and abandonments, reciprocal easement agreement, and accepted the easement and dedications for public purposes including public access, sidewalks, curb and gutter and roadway. On December 16, 2021, the City then executed and recorded the Public Improvement Agreement with the Developer.

There are two easements and dedications for this Project; a 19 foot easement and irrevocable offer of dedication along the Gravenstein Highway frontage and a 36 foot easement and irrevocable offer of dedication along Alder Avenue. These easements and dedications provide for public roadways and public sidewalks. A reciprocal easement agreement provides for the access driveway for the Townsend Capital Property to be relocated and a new parking lot

9.E
Packet Pg. 334
constructed in a manner that necessitates a reciprocal easement over a portion of the 7515 Alder Property and the Townsend property for the purpose of drainage, public access, and parking.

The public improvements addressed in the Public Improvement Agreement have been completed to the satisfaction of the City Engineer and the licensed engineer of record for the Developer and consist of the following:

1. Site preparation and grading,

2. Street improvements including street pavement, curb and gutter, sidewalk, driveways, monuments, streetlight, striping and signs, and grind and overlay (half of Alder Lane in front of the property),

3. Storm drainage including conventional storm drain features (inlets, pipelines, sidewalk drains),

4. Landscaping including soil preparation, plantings for street frontages, and

5. All dry utilities (gas, electric, and communications).

Following City acceptance of the Public Improvements, a one-year warranty, provided by the Developer, will begin for the public improvements.

Financial Considerations
The City collects fees from the Developer upon the issuance of permits to cover City administrative and inspection costs. Once the improvements have been accepted by the City, the City will incur costs to maintain the roadway, streetlight, and the public portions of the storm drain. The property owner will be responsible for maintaining the driveway and sidewalk.

Environmental Issues
As identified, the proposed development is purely the renovation of existing structures located on a previously developed parcel and site improvements, and keeps all development activities within the boundaries of previously disturbed areas of the property. Staff requested the project applicant provide input from a consulting biologist and traffic engineer to identify any potential impacts to biologic resources or traffic improvements needed to mitigate circulation impacts.

The results of these studies identified the project does not create any potentially significant impacts. Given this, the Project qualifies for a Class 1 and Class 4 Categorical Exemption under Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA). Specifically, it is found to qualify for these Exemptions given implementation of the approved project would renovate the existing previously constructed existing structures, all of which are located on a previously developed parcel; and that all work is limited to previously disturbed areas on this parcel.

9.E
Packet Pg. 335
RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE FRONTAGE IMPROVEMENTS FOR THE STRUCTURES AT 8125, 8145, AND 8175

GRAVENSTEIN HIGHWAY (COLLECTIVELY REFERRED TO AS THE PROJECT)

AND AUTHORIZING THE CITY CLERK TO RECORD THE NOTICE OF

COMPLETION AND TO RELEASE ANY PUBLIC IMPROVEMENT AGREEMENT SECURITIES UPON THE PASSAGE OF 35 DAYS OF NOTICING WITH NO PROTESTS.

WHEREAS, as part of the orderly development of the City, the City considers and approves subdivision plans then typically enters into Subdivision Improvement Agreements for the installation and eventual acceptance by the City of public improvements; and WHEREAS, this process is to ensure the development meets the City’s land use and infrastructure requirements presented in the General Plan, codified in the Municipal Code, and prescribed in guidance documents including the Engineering Design Standards, Standard Plans, and Construction Specification Manual and Building Permit forms and procedures; and WHEREAS, on November 9, 2021, the City Council accepted the recommendations of the Design Review Committee and Planning Commission, accepted the improvement plans, approved the Public Improvement Agreement, and approved the Real Property Documents (i.e. easements, dedications, and abandonments); and
WHEREAS, the Project has followed these procedures and the public improvements have been completed to the satisfaction of the City Engineer and the Professional Engineer on record for the Developer and the public improvements are recommended for City Council acceptance; and
WHEREAS, following City Council action, the City Clerk is to record the Notice of Completion, then, after the 35-day noticing period with no protests received, the City Clerk is to release any Public Improvement Agreement Securities; and WHEREAS, in accepting the public improvements, the City is taking responsibility for the long-term maintenance of the public improvements; and WHEREAS, the Developer has provided the City with a maintenance bond to be in effect for one year following City acceptance of the improvements; and WHEREAS, the property owner is responsible for maintaining the driveway and sidewalk; and
WHEREAS, as identified, the proposed development is purely the renovation of existing structures located on a previously developed parcel and site improvements, and keeps all development activities within the boundaries of previously disturbed areas of the property; and WHEREAS, Staff requested the project applicant provide input from a consulting biologist and traffic engineer to identify any potential impacts to biologic resources or traffic improvements needed to mitigate circulation impacts, and the results of these studies identified the project does not create any potentially significant impacts, and, given this, the Project qualifies for a Class 1 and Class 4 Categorical Exemption under Sections 15301 (Existing Packet Pg. 336
Facilities) and 15304 (Minor Alterations to Land) of the California Environmental Quality Act (CEQA); and
WHEREAS, specifically, it is found to qualify for these Exemptions given implementation of the approved project would renovate the existing previously constructed existing structures, all of which are located on a previously developed parcel; and that all work is limited to previously disturbed areas on this parcel.

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

1. Finds the above recitals to be true and correct; and

2. The Public Improvements identified in the Public Improvement Agreement executed on December 16, 2021, are accepted, and

3. The City Clerk is directed to record the Notice of Completion with the County Recorder’s office and after 35 days with no protests, release any remaining securities, such as the Performance Bond, Labor and Materials Bond, and Monumentation Bond.

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 June 27th, 2023, by the following vote, to wit:

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

Public Improvement Dedication Letter to City of Cotati (PDF) Recorded PIA (PDF)

NOC (PDF)
Packet Pg. 337

9.a
Packet Pg. 338 Attachment: Public Improvement Dedication Letter to City of Cotati (Acceptance of Hwy 8145)

9.a
Packet Pg. 339 Attachment: Public Improvement Dedication Letter to City of Cotati (Acceptance of Hwy 8145)

9.a
Packet Pg. 340 Attachment: Public Improvement Dedication Letter to City of Cotati (Acceptance of Hwy 8145)

9.a
Packet Pg. 341 Attachment: Public Improvement Dedication Letter to City of Cotati (Acceptance of Hwy 8145)

9.a
Packet Pg. 342 Attachment: Public Improvement Dedication Letter to City of Cotati (Acceptance of Hwy 8145)

9.b
Packet Pg. 343
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 344
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 345
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 346
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 347
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 348
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 349
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 350
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 351
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 352
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 353
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 354
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 355
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 356
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 357
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 358
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 359
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 360
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 361
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 362
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 363
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 364
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 365
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 366
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 367
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 368
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 369
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 370
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 371
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 372
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 373
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 374
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 375
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 376
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 377
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 378
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 379
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 380
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 381
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 382
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 383
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 384
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 385
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 386
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 387
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 388
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 389
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 390
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 391
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 392
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 393
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 394
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 395
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 396
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 397
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 398
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 399
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 400
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 401
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 402
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 403
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 404
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 405
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 406
Attachment: Recorded PIA (Acceptance of Hwy 8145)

9.b
Packet Pg. 407
Attachment: Recorded PIA (Acceptance of Hwy 8145)
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 public improvements at the City Council meeting of June 27, 2023, for the frontage improvements for the structures at 8125, 8145, and 8175 Gravenstein Highway. 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 March 7, 2023.

3. The name of the original contractor for the work of improvement was RV Stich Construction for a total constructed amount of $111,434.

4. The Contractor has provided the City with a maintenance bond and guaranty in the amount of 10 percent of the construction contract amount ($11,143) 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\Development Projects\$Active\8145 Hwy. 116 PIA and real Prop\PIA\Close-out\NOC.doc

9.c
Packet Pg. 408 Attachment: NOC (Acceptance of Hwy 8145) Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Ordinance Clarifying Water Connection Fees with Fire Flows Date: June 27, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council of the City of Cotati conduct a second reading and adopt an ordinance clarifying water connection fees for mixed domestic and fire flow meters.

Background
The California Building Code requires various fire prevention devices in new construction or significant remodels, including fire sprinkler systems. Some types of construction, including single family homes, only have a single water service to each lot serving both domestic uses as well as fire sprinkler systems. Fire sprinkler systems generally require upsizing the water meter to accommodate flows that are only needed during fires. The size of the water meter determines the capacity charge (water connection fee) paid at time of connection.

On June 13, 2023, the City Council unanimously introduced the draft Ordinance at a duly noticed public hearing.

Analysis/Discussion
The water connection impact fee accounts for both domestic and fire flow improvements, based on the domestic demands. However, it is necessary to clarify that the water and sewer connection impact fees should be based on the meter size required to serve the anticipated domestic demands, not the installed meter size if upsized for fire sprinkler flows. The proposed edits are intended to clarify this.

Financial Considerations
The proposed changes for connection fees do not have any financial effect, as they simply clarify the current practice of charging impact fees based on domestic demand when there isn’t a separate fire service.

Environmental Issues

9.F
Packet Pg. 409

CONSENT CALENDAR (ACTION)
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.

9.F
Packet Pg. 410
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI CLARIFYING

THE APPROPRIATE WATER CONNECTION FEE WITH MIXED METERS

SERVING FIRE FLOWS
WHEREAS, the California Building Code requires various fire prevention devices in new construction or significant remodels, including fire sprinkler systems; and WHEREAS, some construction types, including single family homes, only have a single water service to each lot with a mixed flow meter, serving both domestic uses as well as fire sprinkler systems; and
WHEREAS, the requirement for the water service to accommodate fire flows for sprinklers requires upsizing of the water meter to accommodate the higher flow in the case of a fire; and
WHEREAS, the water connection impact fee includes domestic and fire flow improvements, based on the domestic demands; and
WHEREAS, it is necessary to clarify that the water and sewer connection impact fees and the fixed water and sewer service charges should be based on the meter size required to service the anticipated domestic demands, not the potential fire flows; and WHEREAS, On June 13, 2023, the City Council unanimously introduced the draft Ordinance at a duly noticed public hearing; and
WHEREAS, the action of City Council to clarify the water connection fee with mixed fire flows and clarify the backflow testing ordinance does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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

SECTION 1. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Cotati.

SECTION 2.

Sections 13.03.010, 13.03.210, 13.03.230, 13.20.060, and 13.42.060 of the Cotati Municipal Code are amended to read as shown in Exhibit A attached hereto and incorporated by this reference, with additions denoted by underlined text and deletions denoted by struck-through text.

SECTION 4. CEQA
Packet Pg. 411
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. City Staff have determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a text amendment and addition without any physical project being approved, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Ordinance is therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own.

SECTION 5. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date.

This ordinance shall take effect thirty (30) days after passage thereof.

SECTION 7. Publication.

This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).

SECTION 8. This Ordinance Prevails Where There is Conflict.

To the extent that this Ordinance conflicts with any other provision in the Cotati Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
Packet Pg. 412
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
Packet Pg. 413

13.03.010 General provisions.

A. The city of Cotati will furnish water service in accordance with the rules and regulations hereinafter contained, and in accordance with applicable ordinances, to any property within the corporate limits of the city and to such other premises, properties, areas, or locations as the city council may from time to time designate.

B. Applications for water service will be made in writing, by phone, or online. Such application will signify the applicant’s willingness and intention to comply with all regulations or rates duly adopted by the city, and to make payment for services rendered.

13.03.210 Water connection fees.

A. Any single-family homes, planned unit developments, condominiums and multiple-family projects are charged connection fees per meter size, except for meters serving both domestic demands and the needs of a fire suppression systems. If meters are oversized for serving a fire suppression system, in addition to domestic demands, the service shall be charged connection fees for the equivalent meter size calculated to adequately meet domestic demand, as approved by the City Engineer, and documented in the utility account. In no case shall the connection fee be less than the equivalent of a ¾-inch meter. Industrial and commercial uses are charged connection fees per meter size. Connection fees are established by resolution of the city council.

1. Each year, commencing on July 1, 2013, and continuing thereafter on each July 1st, the water connection fee shall be adjusted in proportion to the change in the ENR (Engineering News Record) Construction Cost Index for San Francisco over the prior year.

The base ENR San Francisco CCI is equal to 10,388.84 (June 2013).

B. Water Meter Charge. Any person wishing to connect to the city’s water system, change meter sizes, or replace an existing meter shall pay a water meter charge, per meter connected, in an amount established by resolution sufficient to recover the administration cost, the cost of the water meter, and any related equipment. A request to increase the water meter size is subject to the incremental increase in the connection fee based on the proportional increased capacity of the meter. In cases where an increase follows a prior reduction in meter size, the applicant is responsible for providing documentation demonstrating connection fees had been previously paid for the larger meter to avoid paying the increased connection fee.

C. Water Service Lateral. All water laterals shall be installed between the structure and the meter by and at the sole cost of the owner or developer of the property. (Ord. 840 § 6(part), 2013).

9.a
Packet Pg. 414 Attachment: Exhibit A: Water & Sewer Charges Update (Water Meter Connection Fee Update Second Reading)

13.03.230 Water service charges.

A. Fixed Charge. The fixed meter rates for water services provided by the city of Cotati are established by resolution, based on the actual meter size, except when oversized for fire flows, as described in Section 13.03.230.C, in which case the rates shall be based on the calculated meter size to adequately meet domestic demand as described in Section 13.03.230.C.

B. Volumetric Service Charge. The volumetric service charges, based on water volume used, are established by resolution.

C. Support of Existing Fire Suppression System. Residents with an oversized one-inch meter connection for the sole purpose of supporting their existing fire suppression systems, who would otherwise be facilitating a three-fourths-inch meter connection, shall be charged at the three-fourths-inch equivalent meter size for domestic demand used to calculate the connection fees, as described in Section 13.03.210. charge.

D. Minimum Charges. “Minimum charges” shall be defined as the meter charge and any charge assessed per unit for water service. There shall be no minimum charge for actual water usage.

13.20.060 Testing, inspection, maintenance and repair.

E. Fire System Connection Fee. A one-time connection fee for fire protection service using automatic sprinklers in any building or structure which is installed after the effective date of the ordinance codified in this chapter shall be established by resolution. (Ord. 840 § 6(part), 2013).

13.42.060 Sewer service charges – Standards for calculation.

The city council shall calculate sewer service charges in accordance with the following rules and regulations:

A. The standard utility accounting period shall be a fiscal year commencing July 1st and ending June 30th;
B. The fixed service charge shall be payable by each user on a periodic basis consistent with the corresponding water service billing to the same premises; C. Volume Factor. Sewer service charges shall be based upon the estimated actual use of the city sewerage system by the premises or user(s) (herein referred to as the “volume factor”). The volume factor shall be reevaluated using methodology determined by the city prior to the September billing period each year. For residential services that do not yet have a representative volume factor, an average per capita volume shall be used as an estimate of the volume factor, which shall be periodically updated by the city council through resolution;

9.a
Packet Pg. 415 Attachment: Exhibit A: Water & Sewer Charges Update (Water Meter Connection Fee Update Second Reading) D. Residential Customers without Separate Irrigation Meters. Sewer service charges shall be based on the actual water use, but no more than the volume factor; E. All Other Customers. Sewer service charges for all other services shall be based on the metered water consumption from all sources except those sources that are not discharged to the city sewer, as determined by the city engineer;
F. Additional charges to nonresidential users and industrial users will be assessed for sewage strengths exceeding those of residential users and shall be based on the pounds of BOD suspended solids and any other applicable waste loadings discharged to the city sewer each billing period determined in accordance with Chapter 13.43. In the event that commercial or industrial users have a type of discharge or strength of discharge that is greater or more burdensome on the system than residential sewage discharge, rates will be adjusted accordingly and at the discretion of the city manager. The volume discharge rate for industrial and commercial users shall be applied against the average annual water used or on the actual month-to-month usage;
G. Support of Existing Fire Suppression System. Residents with a one-inch meter connection for the sole purpose of supporting their existing fire suppression systems who would otherwise be facilitating a three-quarter-inch meter connection shall be charged at the three-quarter-inch sewer charge.

Special charges may be made to reimburse the city for abnormal costs incurred because of other pollutants in the waste water. All rates including those for seasonal industries shall include in their capital related element the costs of allocated capacity service in the subregional system. (Ord. 901 § 2, 2021; Ord. 891 § 2(part), 2020: Ord. 841 § 3, 2013; Ord. 462 § 2(part), 1988).
5384136.1

9.a
Packet Pg. 416 Attachment: Exhibit A: Water & Sewer Charges Update (Water Meter Connection Fee Update Second Reading) Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Establishing the Outstanding Backflow Testing Charges and Levying of Assessments
Date: June 27, 2023
Written by: Henry Babits, Engineering Technician
Recommendation
It is recommended that the City Council receive comment from any public attending to hear this item and then continue the item and hold the public hearing on July 25, 2023.

Background
The City of Cotati (City) is required by state law to ensure all backflow devices in the water distribution system are tested annually. The City established backflow testing requirements with Ordinance No. 773. This Ordinance established that the testing and associated costs are the responsibility of the property owner and also allowed levying of assessment of outstanding backflow charges onto their property taxes. Under California State law, the City is required to hold a public hearing annually to set the assessment rates for the following year for each outstanding backflow testing charge.

On June 13, 2023, the City Council set a public hearing date for June 27, 2023, for consideration of objections to the outstanding backflow testing charges and levying of assessments for FY 2023/24.

Analysis/Discussion
The City notifies all property owners annually of the need for testing and certification of their backflow devices. A portion of the property owners conduct their own testing and submit the certifications to the City. Other property owners rely on the City to conduct the testing and certification. Following testing, any necessary repairs, and certification, the City invoices the property owner for the cost of the service. Most property owners pay the City in a timely manner. However, some are not responsive to requests for payment. These properties are listed in the attached resolution.

11.A
Packet Pg. 417
Adoption of the attached resolution sets the property tax assessment to recover the outstanding backflow testing charges.

Financial Considerations
The costs of backflow testing are expected to be paid by the owners of the property for which the testing was performed. These testing charges remain unpaid despite repeated attempts for payment.

Environmental Issues
The proposed action is exempt from the California Environmental Quality Act (CEQA) under Section 15378 on the grounds that this action 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 as the action proposed is setting a public hearing date to receive protests related to the assessment for outstanding backflow testing charges.

11.A
Packet Pg. 418
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ORDERING

THE ESTABLISHMENT OF OUTSTANDING BACKFLOW TESTING CHARGES AND PENALTIES FROM FISCAL YEAR 2022-2023 AND DIRECTING LEVYING OF ASSESSMENTS FOR FY 2023-2024
WHEREAS, Ordinance No. 773 adopted on May 25, 2005 added Chapter 13.20 to the Cotati Municipal Code regarding backflow testing expenses and the requirements for outstanding charges and penalties to be considered a lien upon property; and.

WHEREAS, there has been submitted to the City Council of the City of Cotati an itemized report showing outstanding backflow testing charges, identified below and incorporated herein by reference; and
WHEREAS, on June 13, 2023 the City Council set a public hearing for June 27, 2023 and duly noticed said public hearing; and
WHEREAS, on June 16, 2023 notice was given; and
WHEREAS, the City Council held a public hearing on June 27, 2023, at which time the City Council duly heard and considered any and all protests, objections, and other comment regarding the backflow testing expenses; and
WHEREAS, the charges and penalties set forth below are not discriminatory or excessive, and are in compliance with law.

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

Section 1. The above Recitals are true and correct findings of the City Council and are incorporated herein.

Section 2. The charges and penalties set forth below are hereby confirmed.

Section 3. The charges and penalties set forth below constitute a lien on real property, which lien shall continue until all charges and penalties are fully paid or the property is sold.

Section 4. In addition, when such lien is recorded, the City Clerk is authorized to place the lien on the tax roll of the property, for Fiscal Year 23/24, served by notifying the Sonoma County Assessor/Auditor.

Section 5. The City Manager or his designee is authorized to take such further and other action as may be necessary to implement this Resolution.

Packet Pg. 419
Section 6. If any provision, sentence, clause, section or part of this Resolution is found to be invalid or unenforceable, such finding shall not affect or impair any other provision, sentence, clause, section or part hereof.

Section 7. The parcels with outstanding backflow charges are attached.

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 June 27th, 2023, by the following vote, to wit:

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

Backflow list 23-24 (PDF)
Packet Pg. 420
Exhibit "A"
APN Outstanding Charges
046-111-022 70.00
046-620-038 70.00
046-640-017 70.00
046-640-018 70.00
046-640-021 70.00
144-010-029 70.00
144-010-064 140.00
144-010-086 70.00
144-070-018 70.00
144-200-001 70.00
144-250-025 30.00
144-282-012 70.00
144-292-030 70.00
144-292-033 70.00
144-292-034 70.00
144-292-036 70.00
144-292-038 70.00
144-292-040 70.00
144-292-063 70.00
144-370-024 140.00
144-430-008 70.00
144-440-024 70.00
144-450-081 70.00
144-450-089 70.00
144-450-090 140.00
144-460-018 70.00
144-470-013 140.00
144-522-006 70.00
144-620-004 70.00
144-720-040 70.00
144-730-031 30.00
144-770-009 70.00
144-770-012 70.00
144-770-015 70.00
144-770-019 70.00
144-770-020 70.00
144-770-022 70.00
144-770-031 70.00
144-770-034 70.00
144-770-040 70.00
144-770-044 70.00
144-770-047 70.00
144-770-049 70.00
144-770-054 70.00
144-770-066 70.00
144-770-068 70.00
144-780-048 30.00
144-780-049 70.00
144-800-005 70.00
Grand Total 3,590.00

11.a
Packet Pg. 421 Attachment: Backflow list 23-24 (PH for Outstanding Backflow Charges) Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Resolution to approve the Engineer's Report, confirm the assessment diagram and annual assessment amounts, and levying and collection of the annual assessments for the Cotati Landscaping and Lighting Assessment District for Fiscal Year 2023-24.

Date: June 27, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City Council of the City of Cotati adopt a resolution approving the Annual Engineer's Report, confirming the assessment diagram and annual assessment amounts, and authorizing the levying and collection of assessments for Fiscal Year 2023-24 for the Cotati Landscaping and Lighting Assessment District for Zones 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 (Pursuant to the Landscaping and Lighting Act of 1972).

Background
The ten Cotati Landscaping and Lighting Assessment Districts (“Districts”) were initially formed by the City from 1989 to 2003 in accordance with the Landscaping and Lighting Act of 1972 (“Landscaping and Lighting Act”) to pay for costs associated with maintaining landscaping and streetlights within developments. The FY17/18 annual assessment process consolidated the ten Districts into one District to simplify the process and reduce administration costs. This item is the third of the three anticipated Council meetings for this year’s assessment process.

Analysis/Discussion
The Landscaping and Lighting Act requires that the City undertake certain proceedings for any fiscal year in which assessments are to be levied and collected. On January 24, 2023, the City Council began the required annual proceedings for the 2023-24 Fiscal Year by appointing the City Engineer as Engineer of Work and directing the preparation of the Engineer’s Report. The Draft Engineer’s Report was prepared and filed in accordance with the Landscaping and Lighting Act and was presented to the City Council for their consideration on May 23, 2023. At that time, the City Council preliminarily approved the Engineer’s Report, adopted a Resolution of Intent to levy and collect the annual assessments and set the date of the public protest hearing.

11.B
Packet Pg. 422
The requisite hearing notice has been given pursuant to Streets and Highways Code Section 22626.

This is the third of three City Council meetings for the Fiscal Year 2023-24 assessments. The Council is to conduct a public hearing and may then authorize the levy and collection of assessments for Fiscal Year 2023-24. The assessments cannot be increased above those stated in the Resolution of Intent adopted May 23, 2023.

Preliminary Engineer’s Report
The Preliminary Engineer’s Report begins with a background and summary of the proposed assessments for FY 23-24 and is followed by separate sections describing each Zone, what services are included for each Zone, including capital projects (i.e. major repairs, re-plantings, or other improvements), the estimated costs for FY 23-24, the allocation of the assessment to the lots, and an estimate of each Zone’s fund reserve balance. Following these sections, the report has attachments: Attachment A describing the method of apportionment of the assessments, Attachment B with a description of which properties are within each zone and the zone diagrams, and Attachment C presenting plans for any capital improvements planned for any of the Zones.

Annual assessments are at a fixed maximum amount for all the zones except zones 7, 8, 9, and

10. These zones have an annual inflation factor, equal to the Construction Cost Index (CCI) for the City of San Francisco. The CCI adjustment for FY 23-24 is 8.4 percent. To lessen the burden on the residents in these Zones and support increasing expenses, proposed assessments are 5% for Zones 7 and 10, and 8.4 percent for Zones 8 and 9.

Zones 2, 4 and 5 have annual per lot assessments of $40.00, $32.00 and $36.00, respectively, which are very low and generally cover utilities, minimal labor and administrative cost with the exception of Zone 2 (Quail Hollow) which does not have adequate revenues to support routine expenses or utilities. These zones continue to be a challenge financially as the City cannot increase the annual assessment without a majority approval of residents within the zone.

However, without a significant improvement in the service, which is not possible, it is very unlikely that the residents would vote for an increase. Therefore, staff will inform the residents of the project completed by the city and the negative operating costs for their districts, but unless there is an unexpected groundswell of support for raising the assessment, staff considers these areas city-maintained streetscapes with a partial offset of costs by an assessment. While not ideal, it’s better than no cost offset.

11.B
Packet Pg. 423
The accounting for the Quail Hollow (Zone 2) was adjusted to show an annual General Fund Subsidy instead of carrying forward a General Fund Loan balance.

Financial Considerations
All costs associated with these annual proceedings and the annual operation, maintenance and administration of the Landscaping and Lighting Maintenance Assessment District are intended to be recovered from the annual assessments levied on the properties within the District. It may be necessary to have a loan from the City’s General Fund if improvements or repairs become necessary, but it is the intent that these borrowed funds be paid back through zone revenue over time.

The administrative costs this year are anticipated to be about the same or slightly higher than last year as the effort has remained about the same and labor rates have increased reflecting cost of living salary adjustments for City staff. Utility and contractor costs are projected to increase by 5 percent in FY23/24.

Annual assessments are to remain at previous year’s levels for Zones 1, 2, 3, 4, 5, and 6 ($158.00, $40.00, $290.00 ($435.00 for triplex), $32.00, $36.74, and $133.50, respectively). The Zone 7 assessment is proposed to increase from $241.00 to $253.00. The Zone 8 assessment is proposed to increase from $487.50.00 to $527.48. The Zone 9 assessment is proposed to increase from $190.00 to $205.58. The Zone 10 assessment is proposed to increase from $366.00 to $385.00.

The maximum assessments for zones 7, 8, 9 and 10 are proposed to be increased by the ratio of the January 2023 Construction Cost Index for San Francisco to the CCI for the closest month to when those Zones were formed (consistent with provisions in the resolutions forming those respective Zones) and multiplied by the original assessment.

Environmental Issues
The actions to approve the Engineer’s Report, approve the action to levy and collect annual assessment for FY 23/24, confirm the assessment diagrams and annual assessment amounts, and approve the increase of the maximum potential assessments in accordance with the CCI for San Francisco for Zones 7, 8, 9, and 10 for the Landscaping and Lighting Maintenance District does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

11.B
Packet Pg. 424
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

THE ANNUAL ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT

DIAGRAM AND THE ANNUAL ASSESSMENT AMOUNTS, AND LEVYING AND COLLECTION OF ANNUAL ASSESSMENTS FOR FISCAL YEAR 2023/24 FOR THE

CITY OF COTATI LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT FOR ZONES 1, 2, 3, 4, 5, 6, 7, 8, 9, AND 10 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, the ten Landscaping and Lighting Maintenance Assessment Districts within the City (“Districts”) were initially formed by the City from 1989 to 2003 in accordance with the Landscaping and Lighting Act of 1972 (“Act”) to levy and collect assessments under the Act to pay for costs associated with maintaining landscaping and streetlights within developments; and WHEREAS, in Fiscal Year 17/18, as part of the annual assessment process, the ten individual districts were consolidated into one district with each of the original districts becoming independent “Zones” within the single district; and WHEREAS, the City Council intends to levy and collect assessments within the Cotati Landscaping and Lighting Assessment District, during Fiscal Year 2023-24, and the lands to be assessed are located in the City of Cotati, Sonoma County; and WHEREAS, on January 23, 2023, the City Council adopted a resolution appointing the City Engineer as the Engineer of Work, directing the preparation and filing of the annual FY 2023- 24 Engineer’s Report, and describing the potential changes to the Assessment District; and WHEREAS, on May 23, 2023, the City Council adopted a resolution of intention to levy and collect assessments, preliminarily approved the Engineer’s Report for FY 23-24, and set the date of the public hearing pursuant to Section 22624 of the Streets and Highways Code; and WHEREAS, the Zone numbers and corresponding names are as follows: Zone 1 – Valparaiso, Zone 2 – Quail Hollow, Zone 3 – Sommers, Zone 4 – Macklin, Zone 5 – Sierra Meadows, Zone 6 – Oak Knolls, Zone 7 – Garden Gate, Zone 8 – Park Meadows, Zone 9 – Santero Way, Zone 10 – Altman Acres; and
WHEREAS, for Zones 1, 2, 3, 4, 5, and 6, the actual proposed FY 2023-24 annual assessments to levy and collect are proposed to stay the same as that assessed FY 2022-23; and WHEREAS, for Zones 7, 8, 9 and 10 the FY 2023-24, maximum annual assessments will be adjusted up by the allowable Construction Cost Index for San Francisco extending back to the formation of the District; and
Packet Pg. 425
WHEREAS, for Zone 7, the actual proposed FY 2023-24 annual assessment, per equivalent single family dwelling unit, to levy and collect is proposed to increase by $12.00 from FY 2022-23; and
WHEREAS, for Zone 8, the actual proposed FY 2023-24 annual assessment, per equivalent single family dwelling unit, to levy and collect is proposed to increase by $39.98 from FY 2022-23; and
WHEREAS, for Zone 9, the actual proposed FY 2023-24 annual assessment, per equivalent single family dwelling unit, to levy and collect is proposed to increase by $15.58 from FY 2022-23; and
WHEREAS, for Zone 10, the actual proposed FY 2023-24 annual assessment, per equivalent single family dwelling unit, to levy and collect is proposed to increase by $19.00 from FY 2022-23; and
WHEREAS, for FY 2023-24 the actual annual assessments proposed to be levied and collected are: $158.00 per unit for all properties within Zone 1, $40.00 per unit for all properties within Zone 2, $290.00 per unit for all properties within Zone 3, $32.00 per unit for all properties within Zone 4, $36.74 per unit for all properties within Zone 5, $133.50 per unit for all properties within Zone 6, $253.00 per unit for all properties within Zone 7 (+5%), $527.48 per unit for all properties within Zone 8 (+8.4%), $205.58 per unit for all properties within Zone 9 (+8.4%), and $385.00 per ESD unit for all properties within Zone 10 (+5%); and WHEREAS, the requisite notice of the public hearing was given pursuant to Streets and Highways Code Section 22626; and
WHEREAS, the public hearing was held on June 27, 2023, at which time all oral statements and written protests were duly considered.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES HEREBY RESOLVE:

1. The foregoing recitals are true and correct and made a part of this Resolution; and

2. The Annual FY 2023-2024 Engineer’s Report is hereby approved as filed; and

3. The assessment diagrams and assessment amounts as set forth in the FY 2023-24 Engineer’s Report and any amendments incorporated at the City Council’s direction are confirmed, and the City is hereby authorized to levy and collect the annual assessments set forth in said report for FY 2023-24; and

4. In order to take inflation into account, the estimated maximum annual assessment for Zones 7, 8, 9 and 10 shall be adjusted by the ratio of the San Francisco Construction Cost Index (CCI) at the closest month when the respective Districts were formed to January 1, 2023 multiplied by the initial assessment; and Packet Pg. 426

5. This Resolution is adopted pursuant to Sections 22620 et al. of the California Streets and Highways Code and shall take effect immediately upon adoption.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the June 27th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
2023-2024 LLAD Report - FINAL (PDF)
Packet Pg. 427
Annual Engineer's Report
City of Cotati Landscaping and Lighting Assessment District for Fiscal Year 2023-2024
Draft
May 2024
Prepared By:

Craig A. Scott, PE, Director of Public Works/City Engineer

11.a
Packet Pg. 428 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) FY 2023-24
City of Cotati Landscaping and Lighting Assessment District (Pursuant to the Landscaping and Lighting Act of 1972)
The undersigned respectfully submits, as directed by the City Council on June 22, 2023, the enclosed Engineer’s Report on the 22nd day of June, 2023.

By:__________________________________________
Craig A. Scott, PE
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Diagrams thereto attached was filed with the City on the 22nd day of June, 2023.

Damien O’Bid, City Manager, City of Cotati
Sonoma County, California
By:___________________________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Diagrams thereto attached was approved and confirmed by the City Council of the City of Cotati, California, on the 22nd day of June, 2023.

Damien O’Bid, City Manager, City of Cotati
Sonoma County, California
By:___________________________________________
I HEREBY CERTIFY that the enclosed Engineer's Report, together with the Assessment Roll and the Assessment Diagram thereto attached, was filed with the County Auditor of the County of Sonoma on the ___day of _, 2023.

Damien O’Bid, City Manager, City of Cotati
Sonoma County, California
By:___________________________________________

11.a
Packet Pg. 429 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) FY 2023-2024 ANNUAL ENGINEER'S REPORT

CITY OF COTATI LANDSCAPING & LIGHTING ASSESSMENT DISTRICT (Pursuant to the Landscaping & Lighting Act of 1972)
FY 2023-2024 Annual Assessment
Craig A. Scott, Engineer of Work for the City of Cotati Landscaping & Lighting Assessment District, City of Cotati, Sonoma County, California, prepares this annual Engineer’s Report, as directed by the City Council of the City of Cotati, pursuant to Section 22620 of the Streets & Highways Code (Landscaping & Lighting Act of 1972) for the Cotati Landscaping and Lighting Assessment District for Fiscal Year 2023-24.

Background
The ten Cotati Landscaping and Lighting Assessment Districts (“Districts”) were initially formed by the City from 1989 to 2003 in accordance with the Landscaping and Lighting Act of 1972 (“Landscaping and Lighting Act”) to pay for costs associated with maintaining landscaping and streetlights within developments. Fiscal Year 2017-18’s annual assessment process was combined with the action of consolidating the ten District’s into one District to simplify the process and reduce administration costs. The City now has a single District with ten individual “Zones” each having retained their identical and separate characteristics.

The ten zones consist of the following subdivisions: Valparaiso Vista (Zone 1), Quail Hollow IV (Zone 2), Sommers (Zone 3), Macklin I (Zone 4), Sierra Meadows (Zone 5), Oak Knolls (Zone 6), Garden Gate (Zone 7), Park Meadows (Zone 8), Santero Way Developments (Zone 9), and Altman Acres (Zone 10). Under California State law, the City is required to hold a public hearing annually to set the assessment rates for the following year for each assessment zone.

Pursuant to the provisions of the Landscaping & Lighting Act of 1972, an annual Engineer’s Report must be prepared and filed with the City in order to levy and collect assessments on any following fiscal year. Annually, the City Council directs the City Engineer to prepare and file the Engineer’s Report on the Landscape and Lighting Assessment District to establish assessment zone rates. Once the preliminary Engineer’s Report has been filed, the City Council can then adopt a Resolution of Intention to levy and collect annual assessments for FY 2023-24, then preliminarily approves the filed annual Engineer’s Report and sets the time and date of the public protest hearing. The Engineer’s Report outlines the proposed budgets, assessments, improvements, and changes to the zones within the Assessment District. These budgets/costs are updated with each subsequent annual Engineer’s Reports as required by the 1972 Act.

To take annual inflation into account, four of the assessment zones have an inflation adjuster (Zones 7, 8, 9 and 10). The annual assessment for these Zones is to be adjusted by the change in the San Francisco Construction Cost Index (CCI) over the previous twelve-month period. The SF CCI for January 2022, and January 2023, are 14301.24 and 15498.78, respectively. The adjustment for FY 23/24 is approximately 8.4 percent. Applying this rule to the initial assessment and the CCI at the time the Assessment Zone was formed results in the maximum assessment

11.a
Packet Pg. 430 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) that can be charged without holding a protest vote. An annual CCI adjustment to the annual assessment is not mandatory. If the annual Engineer’s Report recommends any adjustment up to the sum of the previous year’s maximum assessment plus the allowable annual CCI increase, notices are not required to be sent nor shall a vote be required. If, however, the annual Engineer’s Report recommends any adjustment that exceeds the sum of the previous year’s maximum assessment plus the allowable annual CCI increase, noticing and/or voting shall be required in accordance with the provisions applicable to the Landscaping and Lighting Act of 1972 and Proposition 218. Applying this rule to the initial assessment, the CCI at the time the Assessment Zone was formed, and the January 1, 2023, CCI for San Francisco of 15498.78 results in the maximum assessment that can be charged without holding a protest vote. The maximum assessments for the four zones that have CCI adjustments are shown in the following table.

Table 1
Zone Initiated CCI SF at Date Zone
was Initiated Multiplier
Initial
Assessment
per Unit
Maximum
Assessment
7 02/14/2001 7399.07 2.095 $148.00 $310.06
8 10/13/1999 6816.7 2.274 $354.43 $805.97
9 10/09/2002 7644.46 2.027 $154.82 $313.82
10 10/09/2002 7644.46 2.027 $333.78 $676.72
The table below summarizes the proposed FY 2023-2024 assessments to levy and collect for each of the ten zones.

Table 2
Zone Assessment Zone Name FY 22/23 Annual
Assessment
Current
Maximum Annual
Assessment*
Proposed
Assessment to
Levy Per ESD
1 Valparaiso Vista $158.00 $158.00 $158.00
2 Quail Hollow IV $40.00 $40.00 $40.00
3 Sommers $290.00 $290.00 $290.00
4 Macklin Phase 1 $32.00 $32.00 $32.00
5 Sierra Meadows $36.74 $36.74 $36.74
6 Oak Knoll $133.50 $133.50 $133.50
7 Garden Gate $241.00 $310.06 $253.05
8 Park Meadows $467.50 $805.97 $505.82
9 Santero Way $190.00 $313.82 $205.58
10 Altman Acres $394.00 $676.72 $414.50
*Only Assessment Zones 7, 8, 9, and 10 allow for inflationary adjustment (Consumer Price Index for San Francisco).

The original landscaping and lighting improvements within all 10 Zones of the Assessment District are completed and have been accepted by the City. The proposed changes, budgets and assessments for FY 2023-2024 are included in the description of each zone below. See ‘Attachment A, Method of Apportionment of Assessment’ of this report for a detailed description

11.a
Packet Pg. 431 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) of the apportionment methodology for each zone. The FY 21/22 actuals are the actual revenues and expenses for the complete fiscal year. The FY 22/23 estimated values are derived by using actual expenses through the most current data available at the time this report was drafted, then extending the expenses to June 30 using a prorated estimate. FY 23/24 revenues and expenses are projected values based on prior years and expected cost increases due to inflation and planned maintenance and capital expenses.

Attachment A is a statement of the method used by the Engineer of work to determine the amount proposed to be assessed against each parcel within the assessment district.

Attachment B contains the assessment diagrams (maps) showing all the parcels of real property within the boundaries of the 10 assessment zones. The APNs are shown in the assessor’s maps available at the County of Sonoma Assessor’s Office.

Attachment C this attachment contains descriptions of any improvement plans that may be needed for the installation of any improvements identified in the report. If plans exist, they are filed with the City Clerk. Although separately bound, the plans and specifications of this engineer’s report are included in it by reference.

Zone 1: Valparaiso Vista
Background
On June 12, 1991, the City Council adopted Resolution No. 91-35, approving the Engineer’s Report, and on June 26, 1991, adopted Resolution No. 91-38, ordering the formation of the City of Cotati Valparaiso Vista Landscape and Lighting Maintenance Assessment District confirming the diagram and assessment, and ordering the levy of an assessment.

This zone includes 7,416 square feet of landscape area and five LED, 120-volt, 100-watt lights.

The City provides landscape maintenance within the City Right-of-Way for this Zone. On a weekly basis the City performs general clean-up of the area and prunes and weeds on a monthly basis.

The City fertilizes and structural prunes on a yearly basis. Streetlights are inspected once per month and repaired as needed.

Projected Costs of Assessment Zone
The projected annual cost of maintaining the landscaping and lighting for the Fiscal Year 2023- 2024 is $1,286.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $218.60 $300.00 $315.00
Contract Services $420.85 $421.00 $421.00
Capital Projects $0.00 $0.00 $0.00
City Labor $0.00 $0.00 $0.00
Annual Zone Administration $379.01 $500.00 $550.00
General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $1,018.46 $1,221.00 $1,286.00

11.a
Packet Pg. 432 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Zone Reserve Used $0.00 $0.00 $0.00
General Fund Loan $0.00 $0.00 $0.00
Total Assessment $2,370.00 $2,370.00 $2,370.00
Assessment Interest $15.41 $16.00 $17.00
Total Revenue $2,385.41 $2,386.00 $2,387.00
Estimated Fund Balance
FY 2022-23
(Estimated)
FY 2023-2024
(Projected)
Estimated Starting Reserve
Fund Balance July 1 $6,657.66 $7,822.66
Estimated Assessment
Revenue $2,386.00 $2,387.00
Estimated Expenses $1,221.00 $1,286.00
Estimated Ending Reserve
Fund Balance June 30 $7,822.66 $8,923.66
The total proposed assessment for FY 2023-2024 is $2,370.00 Method of Assessment Spread
The assessment shall be divided equally among all of the individual parcels within the assessment zone. A more detailed description of the method of apportionment is in Attachment A.

Assessment Spread
Fifteen (15) parcels in assessment area
Lot No. Assessor's Parcel Number Annual Charge
1 144-400-051 $158.00
2 144-400-052 $158.00
3 144-400-053 $158.00
4 144-400-054 $158.00
5 144-400-055 $158.00
6 144-400-056 $158.00
7 144-400-057 $158.00
8 144-400-058 $158.00
9 144-400-059 $158.00
10 144-400-060 $158.00
11 144-400-061 $158.00
12 144-400-062 $158.00
13 144-400-063 $158.00
14 144-400-064 $158.00
15 144-400-065 $158.00
Total Annual Assessment $2,370.00

11.a
Packet Pg. 433 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Zone 2: Quail Hollow IV
Background
On February 28, 1989, the City Council adopted Ordinance No. 509 granting tentative approval for the Quail Hollow IV Subdivision. Condition No. 11 of said Ordinance requires that a source of maintenance funding shall be provided for the landscaping to be placed between the back of sidewalk and property line fence along Myrtle Avenue. Then, on December 12, 1989, the City Council adopted Resolution No. 89-62, ordering the formation of the City of Cotati Quail Hollow IV Subdivision Landscaping Maintenance Assessment Zone confirming the diagram and assessment and ordering the levy of an assessment.

The purpose of the assessment is to generate funds for the maintenance of landscaping within Myrtle Avenue Right-of-Way and the curve return portion of the intersection of Myrtle Avenue and Aguirre Way Right-of-Way of Quail Hollow IV Subdivision. The funds are to be used solely for maintenance of landscaping within the Quail Hollow IV Subdivision. There are no lights to be maintained within this Zone.

City crews and its landscape contractor provide landscape maintenance within the Right-of-Way for this Zone. On a weekly basis the contractor performs general clean-up of the area and prunes and weeds on a monthly basis. The City fertilizes the zone and structurally prunes on a yearly basis.

In FY 18/19, the City performed routine maintenance and replanted missing or damaged plants.

In Fiscal Year 21/22 the City removed and replaced the sidewalk in two places which were damaged by tree roots. After consulting with the LLAD residents, the City removed the redwood trees that caused the damage The LLAD continues to have insufficient funds for capital projects as well as routine maintenance and, therefore, the work was completed from a loan to the LLAD from the City’s General Fund. The annual GF Loan amount is projected to increase again in FY23/24 due to increased water costs. The Zone’s revenues comprise less than half the projected expenses.

Projected Costs of Assessment Zone
The actual base maintenance cost for this Zone in FY 20/21 increased from prior years due to the need to irrigate the newly installed landscaping. This increased expense is reflected in the utilities line item below and is not sustainable. Therefore, an annual subsidy from the City’s General Fund will be needed to fill the revenue shortfall. In 21/22, the City cleared the prior General Fund loan balance of $45,951 with a one-time subsidy payment. Much of the amount was due to the Myrtle Avenue landscape project, completed in 2016, and the sidewalk repairs and tree removals completed in 2020.

The projected annual cost of maintaining the landscaping and lighting for the Fiscal Year 2023- 2024 is $2,370.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $1,068.78 $1,120.00 $1,180.00

11.a
Packet Pg. 434 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Contract Services $360.57 $360.00 $360.00
Capital Projects $19,000.00 $0.00 $0.00
City Labor $0.00 $0.00 $0.00
Annual Zone Administration $754.23 $790.00 $830.00
General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $21,181.58 $2,270.00 $2,370.00
Zone Reserve Used $0.00 $0.00 $0.00
General Fund Subsidy $45,951 $1,030.00 $1,130.00
Total Assessment $1,240.00 $1,240.00 $1,240.00
Assessment Interest $0.00 $0.00 $0.00
Total Revenue $47,191 $2,270.00 $2,370.00
Total GF Loan Balance $0 $0 $0
Estimated Fund Balance
FY 2022-23
(Estimated)
FY 2023-2024
(Projected)
$0.00 $0.00
$1,240.00 $1,240.00
$2,270.00 $2,370.00
$1,030.00 $1,130.00
Estimated Starting Reserve
Fund Balance July 1
Estimated Assessment
Revenue
Estimated Expenses
General Fund Subsidy
Estimated Ending Reserve
Fund Balance June 30 $0.00 $0.00
The total proposed assessment for FY 2023-2024 is $1,240.00.

Zone 2 has an annual need for a General Fund subsidy as the water irrigation, maintenance and LLAD administration expenses exceed the zone's assessment revenue.

At present, this zone is not expected to be self-sufficient without an increase in the annual assessment which requires approval by the majority of the owners of the assessed lots, or cessation of maintenance of the streetscape along Myrtle Avenue. Without an approved increase of the annual assessment, and with continued maintenance of the streetscape, this Zone will continue to receive a General Fund subsidy annually.

Method of Assessment Spread
The assessment shall be divided equally among all of the individual parcels within the assessment zone. A more detailed description of the method of apportionment is in Attachment A.

Assessment Spread
Thirty-one (31) parcels in assessment area
Lot No. Assessor's Parcel Number Annual Charge
1 046-610-017 $40.00

11.a
Packet Pg. 435 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) 2 046-610-018 $40.00
3 046-610-019 $40.00
4 046-610-020 $40.00
5 046-610-021 $40.00
6 046-610-022 $40.00
7 046-610-023 $40.00
8 046-610-024 $40.00
9 046-610-025 $40.00
10 046-610-026 $40.00
11 046-610-027 $40.00
12 046-610-028 $40.00
13 046-610-029 $40.00
14 046-610-030 $40.00
15 046-610-031 $40.00
16 046-610-032 $40.00
17 046-610-033 $40.00
18 046-610-034 $40.00
19 046-610-035 $40.00
20 046-610-036 $40.00
21 046-610-037 $40.00
22 046-610-038 $40.00
23 046-610-039 $40.00
24 046-610-040 $40.00
25 046-610-041 $40.00
26 046-610-042 $40.00
27 046-610-043 $40.00
28 046-610-044 $40.00
29 046-610-045 $40.00
30 046-610-046 $40.00
31 046-610-047 $40.00
Total Annual Assessment $1,240.00
Zone 3: Sommers
Background
On March 28, 1989, the City Council adopted Resolution No. 89-11, approving the Engineer’s Report, and on March 28, 1989, adopted Resolution No. 89-11, ordering the formation of the City of Cotati Sommers Subdivision Landscape and Lighting Maintenance Assessment District confirming the diagram and assessment and ordering the levy of an assessment.

The purpose of the assessment is to generate funds for the maintenance of Landscaping and Lighting within the City Right-of-Way of the Sommers Subdivision. The funds are to be used solely for maintenance of landscaping and lighting within the City Right-of-Way of the Sommers Subdivision.

11.a
Packet Pg. 436 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments)

This Zone includes six driveway lights and 3,047 square feet of fronting La Salle Avenue landscaping. City crews and its landscape contractor provide landscape maintenance within the City Right-of-Way for this Zone. On a weekly basis the contractor performs general clean-up of the area and prunes and weeds on a monthly basis. The City fertilizes and structurally prunes on a yearly basis as well as places mulch as needed in planter area. Driveway lights are inspected once per month and repaired as needed. The City installed ADA compliant curb ramps on either side of the subdivision’s driveway in FY 19/20. The City plans to prune the street-trees in FY23/24.

Projected Costs of Assessment Zone
The projected annual cost of maintaining the landscaping and lighting for the Fiscal Year 2023- 2024 is $1,350.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $695.42 $730.00 $770.00
Contract Services $345.05 $345.00 $345.00
Capital Projects $0.00 $0.00 $0.00
City Labor $0.00 $0.00 $0.00
Annual Zone Administration $212.35 $220.00 $235.00
General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $1,245.82 $1,295.00 $1,350.00

Zone Reserve Used $0.00 $0.00 $0.00
General Fund Loan $0.00 $0.00 $0.00
Total Assessment $2,465.00 $2,465.00 $2,465.00
Assessment Interest $33.78 $35.00 $37.00
Total Revenue $2,498.78 $2,500.00 $2,502.00
Estimated Fund Balance

FY 2022-23
(Estimated)
FY 2023-2024
(Projected)
Estimated Starting Reserve
Fund Balance July 1 $14,127.63 $15,332.63
Estimated Assessment
Revenue $2,500.00 $2,502.00
Estimated Expenses $1,295.00 $1,350.00
Estimated Ending Reserve
Fund Balance June 30 $15,332.63 $16,484.63
The total proposed assessment for FY 23/24 is $2,465.00.

Method of Assessment Spread
The assessment shall be assessed at $290.00 per parcel with duplex per year and $435.00 per parcel with triplex per year. A more detailed description of the method of apportionment is in Attachment A.

Assessment Spread

11.a
Packet Pg. 437 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Eight (8) parcels in assessment area
Lot No. Assessor's Parcel Number Annual Charge
1 144-282-020 $290.00
2 144-282-021 $290.00
3 144-282-022 $290.00
4 144-282-023 $290.00
5 - Triplex 144-282-024 $435.00
6 144-282-025 $290.00
7 144-282-026 $290.00
8 144-282-027 $290.00
Total Annual Assessment $2,465.00
Zone 4: Macklin
Background
On June 12, 1991, the City Council adopted Resolution No. 91-34 initiating proceedings to establish the Macklin Subdivision Phase I Landscape Maintenance Assessment Zone, in accordance with the "Landscaping and Lighting Act of 1972", Streets and Highways Code, Section 22500, et seq. On June 12, 1991, the City Council adopted Resolution No. 91-34, approving the Engineer's Report, and on June 26, 1991, adopted Resolution No. 91-37, ordering the formation of the City of Cotati Macklin Subdivision Phase I Landscape Maintenance Assessment District confirming the diagram and assessment, and ordering the levy of an assessment.

The purpose of the assessment is to generate funds for landscape maintenance within the City Right-of-Way of the Macklin Subdivision Phase I. The funds are to be used solely for landscape maintenance within the City Right-of-Way of the Macklin Subdivision Phase I.

This zone includes 1,170 square feet of landscaping. City crews and its landscape contractor provide landscape maintenance for this zone within the City Right-of-Way. On a weekly basis the contractor performs general clean-up of the area and prunes and weeds on a monthly basis. The City fertilizes and structurally prunes on a yearly basis. Mulch was added in FY 16/17, but the area was not included in the Myrtle Landscaping project scope for soil amendments and plantings because the hedges and shrubs are in generally good health and appearance.

Projected Costs of Assessment Zone
The projected annual cost of maintaining the landscaping and lighting for the Fiscal Year 2023- 2024 $1,594.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $93.60 $98.00 $103.00
Contract Services $451.03 $451.00 $451.00
City Labor $182.16 $0.00 $0.00
Annual Zone Administration $943.69 $990.00 $1,040.00

11.a
Packet Pg. 438 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments)

General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $1,760.48 $1,539.00 $1,594.00

Zone Reserve Used $0.00 $0.00 $0.00
General Fund Loan $0.00 $0.00 $0.00
Total Assessment $1,248.00 $1,248.00 $1,248.00
Assessment Interest $4.66 $5.00 $6.00
Total Revenue $1,252.66 $1,253.00 $1,254.00
Estimated Fund Balance

FY 2022-23
(Estimated)
FY 2023-2024
(Projected)
Estimated Starting Reserve Fund
Balance July 1 $1,760.74 $1,473.74
Estimated Assessment Revenue $1,253.00 $1,254.00
Estimated Expenses $1,539.00 $1,594.00
Estimated Ending Reserve Fund
Balance June 30 $1,472.74 $1,131.74
The total proposed assessment for FY 23/24 is $1,248.00.

Assessment Spread
Thirty-nine (39) parcels in assessment area
Lot No. Assessor's Parcel Number Annual Charge
1 046-620-001 $32.00
2 046-620-002 $32.00
3 046-620-003 $32.00
4 046-620-004 $32.00
5 046-620-005 $32.00
6 046-620-006 $32.00
7 046-620-007 $32.00
8 046-620-008 $32.00
9 046-620-009 $32.00
10 046-620-010 $32.00
11 046-620-011 $32.00
12 046-620-012 $32.00
13 046-620-013 $32.00
14 046-620-014 $32.00
15 046-620-015 $32.00
16 046-620-016 $32.00
17 046-620-017 $32.00

11.a
Packet Pg. 439 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments)

18 046-620-018 $32.00
19 046-620-019 $32.00
20 046-620-020 $32.00
21 046-620-021 $32.00
22 046-620-022 $32.00
23 046-620-023 $32.00
24 046-620-024 $32.00
25 046-620-025 $32.00
26 046-620-026 $32.00
27 046-620-027 $32.00
28 046-620-028 $32.00
29 046-620-029 $32.00
30 046-620-030 $32.00
31 046-620-031 $32.00
32 046-620-032 $32.00
33 046-620-033 $32.00
34 046-620-034 $32.00
35 046-620-035 $32.00
36 046-620-036 $32.00
37 046-620-037 $32.00
38 046-620-038 $32.00
39 046-620-039 $32.00
Total Annual Assessment $1,248.00
Zone 5: Sierra Meadows Subdivision
Background
On September 11, 1996 the City Council adopted Resolution No. 96-66 approving the Engineer’s Report, ordering the formation of the City of Cotati Sierra Meadows Subdivision Lighting Assessment District confirming the diagram and assessment, and ordering the levy of an assessment.

The purpose of the assessment is to generate funds for the maintenance of lighting in the Sierra Meadows Subdivision City Right-of-Way. The funds are to be used for electrical costs and incidental expenses associated with street lighting within the Sierra Meadows Subdivision City Right-of-Way. There is no landscaping in this Zone.

This Zone includes six LED 120-volt, 700-watt lights and three LED, 120-volt, 100-watt lights.

Streetlights are inspected once per month and repaired as needed.

The reserves were depleted in FY 17/18 and a General Fund loan of $308.00 was needed to keep the reserves from being negative. With minimal maintenance efforts and no emergency expenditures, the zone paid back the General Fund in FY 18/19.

11.a
Packet Pg. 440 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Projected Costs of Assessment Zone
The estimated annual cost of maintaining the landscaping and lighting for the Fiscal Year 2023- 2024 is $1,118.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $225.00 $250.00 $280.00
Contract Services $37.72 $38.00 $38.00
City Labor $0.00 $0.00 $0.00
Annual Zone Administration $727.13 $760.00 $800.00
General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $989.85 $1,048.00 $1,118.00
Zone Reserve Used $0.00 $0.00 $0.00
General Fund Loan $0.00 $0.00 $0.00
Total Assessment $1,102.20 $1,102.20 $1,102.20
Assessment Interest $4.01 $5.00 $6.00
Total Revenue $1,106.21 $1,107.20 $1,108.20
Estimated Fund Balance
FY 2022-22
(Estimated)
FY 2023-2024
(Projected)
Estimated Starting Reserve
Fund Balance July 1 $1,602.21 $1,661.41
Estimated Assessment
Revenue $1,107.20 $1,108.20
Estimated Expenses $1,048.00 $1,118.00
Estimated Ending Reserve
Fund Balance June 30 $1,661.41 $1,651.61
The total proposed assessment for FY 23/24 is $1,102.20.

Assessment Spread
Thirty (30) parcels in assessment area
Lot No. Assessor's Parcel Number Annual Charge
1 144-730-001 $36.74
2 144-730-002 $36.74
3 144-730-003 $36.74
4 144-730-004 $36.74
5 144-730-005 $36.74
6 144-730-006 $36.74

11.a
Packet Pg. 441 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) 7 144-730-007 $36.74
8 144-730-008 $36.74
9 144-730-009 $36.74
10 144-730-010 $36.74
11 144-730-011 $36.74
12 144-730-012 $36.74
13 144-730-013 $36.74
14 144-730-014 $36.74
15 144-730-015 $36.74
16 144-730-016 $36.74
17 144-730-017 $36.74
18 144-730-018 $36.74
19 144-730-019 $36.74
20 144-730-020 $36.74
21 144-730-021 $36.74
22 144-730-022 $36.74
23 144-730-023 $36.74
24 144-730-024 $36.74
25 144-730-025 $36.74
26 144-730-026 $36.74
27 144-730-029 $36.74
28 144-730-031 $36.74
29 144-730-032 $36.74
30 144-730-033 $36.74
Total Annual Assessment $1,102.20
Zone 6: Oak Knoll Subdivision
Background
On March 11, 1998, the City Council of the City of Cotati, California, adopted Resolution No. 98- 14 initiating proceedings to levy an annual assessment for the landscaping and lighting improvements of the City of Cotati Oak Knoll Subdivision Landscape and Street Light Maintenance Assessment District, Sonoma County, California (“Assessment District”), pursuant to the provisions of the California Streets and Highways Code Section 22500 et seq., (the Landscape and Lighting Act of 1972). On June 23, 1999, the City Council adopted resolution 99-37 approving the Engineer’s Report, ordering the formation of the City of Cotati Oak Knoll Subdivision Landscape and Lighting Assessment District confirming the diagram and assessment and ordering the levy of an assessment.

On April 9, 1997, the City Council of the City of Cotati adopted Resolution No. 97-22 granting tentative approval for the Oak Knoll Subdivision. Condition No. 2 of the Resolution requires a landscape and street light maintenance assessment zone be formed to provide funds for the maintenance of landscaping and street lighting within the City Right-of-Way of the Oak Knoll Subdivision, in accordance with the provision of Streets and Highways Code, Section 22500, et

11.a
Packet Pg. 442 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) seq. (the Landscape and Lighting Act of 1972). Then, on March 25, 1998, the City Council adopted Resolution No. 98-21 forming the Landscaping and Street Light Maintenance Assessment District for the Oak Knoll Subdivision.

All individual lots within the boundary of Oak Knoll Subdivision shall be included within the assessment zone, with the exception of all dedicated public streets and Parcel “A” as shown upon the recorded map of Oak Knoll Subdivision.

This Zone includes five streetlights, LED, 120-volt, 100-watt diffuser bulbs.

The City provides landscape maintenance within the City Right-of-Way for this Zone including weekly general clean-up of the area, monthly pruning and weed control, and annual fertilization and structural pruning. High pressure sodium streetlights were replaced with energy efficient LED’s in FY 15/16 and these expenses were charged to the zone in FY 16/17. Additionally, streetlights are inspected once per month and repaired as needed.

Projected Costs of Assessment Zone
The projected annual cost of maintaining the landscaping and lighting for the Fiscal Year 2023- 2024 is $1,870.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $465.70 $490.00 $510.00
Contract Services $700.17 $700.00 $700.00
City Labor + Materials $0.00 $0.00 $0.00
Annual Zone Administration $601.46 $630.00 $660.00
General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $1,767.30 $1,820.00 $1,870.00
Zone Reserve Used $0.00 $0.00 $0.00
General Fund Loan $0.00 $0.00 $0.00
Total Assessment $3,204.00 $3,204.00 $3,204.00
Assessment Interest $52.12 $55.00 $57.00
Total Revenue $3,256.12 $3,259.00 $3,261.00
Estimated Fund Balance
FY 2022-23
(Estimated)
FY 2023-2024
(Projected)
Estimated Starting Reserve
Fund Balance July 1 $21,392.15 $22,830.15
Estimated Assessment
Revenue $3,259.00 $3,261.00
Estimated Expenses $1,820.00 $1,870.00
Estimated Ending Reserve
Fund Balance June 30 $22,830.15 $24,221.15
The total proposed assessment for FY 2023-2024 is $3,204.00.

11.a
Packet Pg. 443 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Method of Assessment Spread
The parcels within the Oak Knoll Subdivision receive special benefits of well-maintained public landscaped areas and streetlights. These special benefits include enhanced neighborhood identity and quality of life, as well as a sense of community along with increased property values.

Based on the foregoing, each of the individual parcels within the assessment zone, will be assessed an amount equal to 1/24th of the total assessment since they receive equal share of the special benefits mentioned above. Parcel “A” is a driveway serving lots 7, 8, 9, and 10. As Parcel “A” does not receive any of the special benefits, it is not assessed.

Assessment Spread
Twenty-four (24) parcels in assessment area
Lot No. Assessor's Parcel Number Annual Charge
1 144-340-028 $133.50
2 144-340-029 $133.50
3 144-340-030 $133.50
4 144-340-031 $133.50
5 144-340-032 $133.50
6 144-340-033 $133.50
7 144-340-034 $133.50
8 144-340-035 $133.50
9 144-340-036 $133.50
10 144-340-037 $133.50
11 144-340-038 $133.50
12 144-340-039 $133.50
13 144-340-040 $133.50
14 144-340-041 $133.50
15 144-340-042 $133.50
16 144-340-043 $133.50
17 144-340-044 $133.50
18 144-340-045 $133.50
19 144-340-046 $133.50
20 144-340-047 $133.50
21 144-340-048 $133.50
22 144-340-049 $133.50
23 144-340-050 $133.50
24 144-340-051 $133.50
Total Annual Assessment $3,204.00
Zone 7: Garden Gate
Background

11.a
Packet Pg. 444 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) On February 14, 2001 the City Council of the City of Cotati Adopted Resolution No. 01-10 initiating proceedings to establish the Garden Gate Subdivision Landscape and Lighting Assessment Zone, in accordance with the "Landscaping and Lighting Act of 1972", Streets and Highways Code, Section 22500, et seq. Then, on April 11, 2001, the City Council adopted Resolution No. 01-28 forming the Landscaping and Street Light Maintenance Assessment District for the Garden Gate Subdivision, confirming the diagram and assessment, and ordering the levy of an assessment.

The purpose of the assessment is to generate funds for the maintenance of landscape and lighting in the Garden Gate Subdivision Right-of-Way. The funds are to be used for electrical, landscape and incidental expenses associated with street lighting as well as Parcel A & B Landscape Maintenance within the Garden Gate Subdivision.

This Zone includes a total landscaping area for Parcel A & B of 2,900 square feet and five LED, 120 volt, 70 watt lights.

The City provides landscape maintenance within the City Right-of-Way for this Zone including general weekly clean-up of the area, monthly pruning and weed control, and annual fertilization and structural pruning. Street lights are inspected once per month and repaired as needed. In FY21/22 one leaning tree was removed and two trees were topped for safety as they were close to a house. New mulch is planned for FY23/24.

Projected Costs of Assessment Zone
The projected annual cost of maintaining the lighting and Parcels A & B landscaping for the Fiscal Year 2023-2024 is $1,763.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $790.16 $830.00 $871.00
Contract Services $420.85 $421.00 $421.00
City Labor $262.50 $0.00 $0.00
Annual Zone Administration $388.12 $408.00 $428.00
General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $1,861.63 $1,659.00 $1,720.00
Zone Reserve Used $0.00 $0.00 $0.00
General Fund Loan $0.00 $0.00 $0.00
Total Assessment $3,442.50 $3,615.00 $3,795.00
Assessment Interest $40.92 $43.00 $45.00
Property Tax $459.00 $459.00 $459.00
Total Revenue $3,912.42 $4,117.00 $4,299.00
Estimated Fund Balance
FY 2022-23 (Estimated) FY 2023-2024
(Projected)
Estimated Starting Reserve
Fund Balance July 1 $17,161.04 $19,526.04

11.a
Packet Pg. 445 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Estimated Assessment
Revenue $4,117.00 $4,299.00
Estimated Expenses $1,659.00 $1,720.00
Estimated Ending Reserve
Fund Balance June 30 $19,619.04 $22,198.04
The total proposed assessment for FY 2023-24 is $3,795.00 which is a 5% percent increase over FY 2022-23.

Method of Assessment Spread
The assessment shall be divided equally among all of the individual parcels within the Assessment Zone. A more detailed description of the method of apportionment is in Attachment A.

Assessment Spread
Fifteen (15) parcels in assessment area
Lot No. Assessor's Parcel
Number Annual Charge
1 144-720-042 $253.00
2 144-720-043 $253.00
3 144-720-044 $253.00
4 144-720-045 $253.00
5 144-720-046 $253.00
6 144-720-047 $253.00
7 144-720-048 $253.00
8 144-720-049 $253.00
9 144-720-050 $253.00
10 144-720-051 $253.00
11 144-720-052 $253.00
12 144-720-053 $253.00
13 144-720-058 $253.00
14 144-720-059 $253.00
15 144-720-060 $253.00
Total Annual Assessment $3,795.00
Zone 8: Park Meadows
Background
On October 13, 1999, the City Council of the City of Cotati adopted Resolution No. 99-72 granting tentative approval for the Park Meadows Subdivision. Condition No. 43 of said Resolution requires that a landscape and street light maintenance assessment zone be formed to provide funds for the maintenance of landscaping and street lighting within the City Right-of-Way of the Park Meadows Subdivision, in accordance with the provision of Streets and Highways Code, Section 22500, et seq. (the Landscape and Lighting Act of 1972). Then, on April 11, 2001, the City Council adopted Resolution No. 01-30 forming the landscaping and street light maintenance

11.a
Packet Pg. 446 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) assessment district for the Park Meadows Subdivision, confirming the diagram and assessment, and ordering the levy of an assessment.

The Zone consists of landscaping and street lighting within the City Right-of-Way and Parcel "A" of the Park Meadows Subdivision.

This Zone includes 38,475 square feet of landscape area and sixteen 120-volt, 70-watt high pressure streetlights. Up until FY 18/19, this Zone had eleven lights, however five of the lights installed as part of the City-Wide Lighting Project are within this Zone and their installation and ongoing maintenance costs are charged to this Zone.

The City provides landscape maintenance within the City Right-of-Way for this Zone including weekly general clean-up of the area, monthly pruning and weed control, and annual fertilization and structural pruning. Streetlights are inspected once per month and repaired as needed. The City installed five lights along pathways in this zone in FY 18/19 for a total cost of $30,000. Capital Projects planned for FY 21-22 consist of improving the pathway from McGinnis Circle to the Laguna De Santa Rosa bridge, the pathway to Marsh Way, and repairs to the split rail fence. The total cost of these Capital Improvements is anticipated to be $25,000. This work extended into FY22-23.

Projected Costs of Assessment Zone
The projected annual cost of maintaining the landscaping and lighting for the fiscal year 2023- 2024 is $11,195.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $4,773.11 $5,012.00 $5,263.00
Contract Services $4,739.03 $4,740.00 $4,740.00
City Labor $231.03 $0.00 $0.00
Capital Project $14,385.75 $93,352 $0.00
Annual Zone Administration $1,080.61 $1,135.00 $1,192.00 General Fund Loan Repayment $0.00 $0.00 $8,592.98
Total Expenses $25,209.40 $104,239 $19,787.98
Zone Reserve Used $0.00 $15,568.40 $0.00
General Fund Loan $0.00 $70,380.10 $0.00
Total Assessment $16,910.04 $18,232.50 $19,726.98
Assessment Interest $55.15 $58.00 $61
Total Revenue $16,965.19 $104,239 $19,787.98
Estimated Fund Balance
FY 2022-23
(Estimated)
FY 2023-2024
(Projected)
Estimated Starting Reserve
Fund Balance July 1 $15,568.40 $0
Estimated Assessment
Revenue $18,290.50 $19,787.98

11.a
Packet Pg. 447 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) General Fund Loan $70,380.10 $61,787.12
Estimated Expenses $104,239 $19,787.98
Estimated Ending Reserve
Fund Balance June 30 $0 $0
The total proposed assessment for FY 2023-24 is $19,726.98 which is a 8.2% percent increase over FY 2022-23.

Method of Assessment Spread
The parcels within the Park Meadow Subdivision will receive special benefits of well-maintained public landscaped areas and streetlights. These special benefits include enhanced neighborhood identity and quality of life, as well as a sense of community along with increased property values.

Based on the foregoing, each of the individual parcels within the assessment zone will be assessed in an amount equal to 1/39th of the total assessment since they receive equal share of the special benefits mentioned above. Parcel "A" and Parcel "B" are open space areas; therefore, they are not assessed.

Assessment Spread
Thirty-nine (39) parcels in Assessment Area
Lot No. Assessor's Parcel
Number Annual Charge
1 144-740-001 $505.82
2 144-740-002 $505.82
3 144-740-003 $505.82
4 144-740-004 $505.82
5 144-740-005 $505.82
6 144-740-006 $505.82
7 144-740-007 $505.82
8 144-740-008 $505.82
9 144-740-009 $505.82
10 144-740-010 $505.82
11 144-740-011 $505.82
12 144-740-012 $505.82
13 144-740-013 $505.82
14 144-740-014 $505.82
20 144-740-020 $505.82
21 144-740-021 $505.82
22 144-740-022 $505.82
23 144-740-023 $505.82
24 144-740-024 $505.82
25 144-740-025 $505.82
26 144-740-026 $505.82
27 144-740-027 $505.82
28 144-740-028 $505.82
29 144-740-029 $505.82
30 144-740-030 $505.82

11.a
Packet Pg. 448 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) 31 144-740-031 $505.82
32 144-740-032 $505.82
33 144-740-033 $505.82
34 144-740-034 $505.82
35 144-740-035 $505.82
36 144-740-036 $505.82
Lands of Dluzak
37 144-740-046 $505.82
38 144-740-047 $505.82
39 144-740-048 $505.82
Total Annual Assessment $19,726.98
Zone 9: Santero Way
Background
On October 9, 2002, the City Council of the City of Cotati adopted Resolution No. 02-91 granting tentative approval for the Santero Way Developments. Condition No. 59 of said Resolution requires that a landscape and street light maintenance assessment zone be formed to provide funds for the maintenance of landscaping and street lighting within the Cotati Station Phase I Subdivision, in accordance with the provision of Streets and Highways Code, Section 22500, et seq. (the Landscape and Lighting Act of 1972). Then, on July 9, 2008, the City Council adopted Resolution No. 08-58 forming the landscaping and street light maintenance assessment district for the Santero Way Subdivision, confirming the diagram and assessment, and ordering the levy of an assessment.

The purpose of the assessment is to generate funds for the maintenance of landscape and lighting within the City Right-of-Way in the Santero Way Developments. The funds are to be used for electrical power, landscape maintenance, water, and park furniture maintenance.

Additionally, the funds are used for incidental expenses associated with public street lighting and landscape maintenance of the public park within the Santero Way Developments.

This Zone includes 31,000 square feet of landscape area including the Santero Way Park and seventeen LED, 120 volt, 70 watt street lights.

The City provides landscape maintenance within the City Right-of-Way for this Zone including weekly lawn mowing, edging, and general clean-up of the area, monthly pruning and weed control, and annual fertilization and structural pruning. However, the Santero Way Homeowners Association (HOA) has been contracting and paying for the landscape expenses for this Zone from the beginning. City staff met with the HOA Board to discuss the City paying for these services retroactively in FY 17/18 and for future years under a services agreement. The discussions also included identifying potential capital projects to rehabilitate park features including tree replacement, irrigation repair, replacing the drinking fountain, repair and/or replacement of benches and tables, replacement of playground ground cover, completing a playground evaluation, and repair root damaged sidewalks for sidewalks within the Zone. The HOA Board heard this item at their May 24, 2018 Board meeting and approved these CIP items for FY 18/19,

11.a
Packet Pg. 449 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) increasing the Capital Improvements budget to $20,000, invoicing the City retroactively for FY 17/18 maintenance expenses, and working on an agreement with the City to invoice the Zone for annual maintenance costs. On February 28, 2019 the HOA Board met and supported having the City contract directly with a landscaping company for maintaining the park and street landscaping strip. The City has negotiated an agreement with a landscaping company with the effecting start date of July 1, 2019. Cost tables below include the landscape maintenance expenses as Zone expenses. Park lights are inspected once per month and repaired as needed.

Contract services for routine maintenance totaled $9,336 in FY21/22 and is expected to increase with some measure of inflation. This leaves just under $4,000 for other expenses including utility charges, City labor and administration. These expenses totaled $6,585 in FY20/21. Therefore, there is a systemic operating deficit for this Zone. To make matters worse, expenses were incurred in FY20/21 and FY21/22 beyond routine maintenance and required drawing down reserves. The expenses beyond routine maintenance in FY20/21 consisted of 1) mulch replacement along the Santero Way Streetscape ($5,815), 2) Irrigation repairs and tune up and electrical repair and turf repair ($965). Additional repairs and replacements in FY21/22 through April 2022, consisted of 1) removing and replacing a tree that was damaged in a windstorm ($2,271), and 2) irrigation and leak repairs ($270).

Projected Costs of Assessment Zone
The projected annual cost of maintaining the landscaping and lighting for the Fiscal Year 2023- 2024 is $16,137.00.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $5,071.99 $5,326.00 $5,592.00
Contract Services $8,582.67 $8,583.00 $8,583.00
Capital Projects $3,893.90 $0.00 $0.00
City Labor $1,706.48 $500.00 $500.00
Annual Zone Administration $1,780.35 $1,869.00 $1,962.00 General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $21,035.40 $16,278.00 $16,637.00
Zone Reserve Used $0.00 $0.00 $0.00
General Fund Loan $0.00 $0.00 $0.00
Total Assessment $12,521.73 $13,300.00 $14,390.60
Assessment Interest $44.20 $46.00 $49.00
Total Revenue $12,565.90 $13,346.00 $14,439.60
Estimated Fund Balance
FY 2022-23
(Estimated)
FY 2023-2024
(Projected)
Estimated Starting Reserve Fund
Balance July 1 $14,358.58 $11,426.58
Estimated Assessment Revenue $13,346.00 $14,439.60
Estimated Expenses $16,278.00 $16,637.00

11.a
Packet Pg. 450 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Estimated Ending Reserve Fund
Balance June 30 $11,426.58 $9,229.18
The total proposed assessment for FY 2023-24 is $14,390.60 which is a 8.2% percent increase over FY 2022-23.

Method of Assessment Spread
The assessment shall be equally divided among the seventy (70) dwelling units. A more detailed description of the method of apportionment is in Attachment A.

Assessment Spread
Seventy (70) parcels in assessment area
Lot No. Assessor's Parcel
Number Annual Charge
1 144-770-001 $205.58
2 144-770-002 $205.58
3 144-770-003 $205.58
4 144-770-004 $205.58
5 144-770-005 $205.58
6 144-770-006 $205.58
7 144-770-007 $205.58
8 144-770-008 $205.58
9 144-770-009 $205.58
10 144-770-010 $205.58
11 144-770-011 $205.58
12 144-770-012 $205.58
13 144-770-013 $205.58
14 144-770-014 $205.58
15 144-770-015 $205.58
16 144-770-016 $205.58
17 144-770-017 $205.58
18 144-770-018 $205.58
19 144-770-019 $205.58
20 144-770-020 $205.58
21 144-770-021 $205.58
22 144-770-022 $205.58
23 144-770-023 $205.58
24 144-770-024 $205.58
25 144-770-025 $205.58
27 144-770-027 $205.58
28 144-770-028 $205.58
29 144-770-029 $205.58
30 144-770-030 $205.58
31 144-770-031 $205.58
32 144-770-032 $205.58
33 144-770-033 $205.58

11.a
Packet Pg. 451 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) 34 144-770-034 $205.58
35 144-770-035 $205.58
36 144-770-036 $205.58
37 144-770-037 $205.58
38 144-770-038 $205.58
39 144-770-039 $205.58
40 144-770-040 $205.58
41 144-770-041 $205.58
42 144-770-042 $205.58
43 144-770-043 $205.58
44 144-770-044 $205.58
45 144-770-045 $205.58
46 144-770-046 $205.58
47 144-770-047 $205.58
48 144-770-048 $205.58
50 144-770-050 $205.58
CAP 1A 144-770-051 $205.58
CAP 1B 144-770-052 $205.58
CAP 2A 144-770-053 $205.58
CAP 2B 144-770-054 $205.58
CAP 3A 144-770-055 $205.58
CAP 3B 144-770-056 $205.58
CAP 4A 144-770-057 $205.58
CAP 4B 144-770-058 $205.58
CAP 5A 144-770-059 $205.58
CAP 5B 144-770-060 $205.58
CAP 6A 144-770-061 $205.58
CAP 6B 144-770-062 $205.58
CAP 7A 144-770-063 $205.58
CAP 7B 144-770-064 $205.58
CAP 8A 144-770-065 $205.58
CAP 8B 144-770-066 $205.58
CAP 9A 144-770-067 $205.58
CAP 9B 144-770-068 $205.58
CAP 10A 144-770-069 $205.58
CAP 10B 144-770-070 $205.58
Total Annual Assessment $14,390.60
Zone 10: Altman Acres
Background
On October 9, 2002, the City Council of the City of Cotati adopted Resolution No. 02-91 granting tentative approval for the Altman Acres Subdivision. Condition No. 59 of said Resolution requires that a landscape and street light maintenance assessment Zone be formed to provide funds for the maintenance of landscaping and street lighting within the Altman Acres Subdivision, in

11.a
Packet Pg. 452 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) accordance with the provision of Streets and Highways Code, Section 22500, et seq. (the Landscape and Lighting Act of 1972). Then, on October 9, 2002 the City Council adopted Resolution No. 02-94 forming the Altman Acres Subdivision.

The Zone is maintaining landscaping and lighting in the Altman Acres Subdivision City Right-ofWay and along Old Redwood Highway Right-of-Way fronting Lots 1 through 7. All funds shall be used for electrical, landscape, and incidental expenses within the Altman Acres Subdivision.

This Zone includes 11,750 square feet of landscape area and five LED, 120 volt, 100 watt street lights.

City staff met with residents at the HOA Board meeting on Friday November 19, 2021, and discussed requested cleanup and replanting of the streetscape fronting Old Redwood Highway.

This would be a capital project requiring the City to hire a contractor. City Staff met again with the community at the HOA Board meeting on May 17, 2022, and due to the increasing reserves, staff agreed to propose a 5 percent reduction in the assessment for 2022/23 and setting a reserve target of $20,000 subject to receiving a quote from landscape contractor(s) for relandscaping the street-scape. Since the meeting, the City received one quote for $26,800. This quote is consistent with what was discussed at the May 17, 2022 HOA Board meeting. The street landscape remediation improvements were completed in FY22/23.

Projected Costs of Assessment Zone
The projected annual cost of maintaining the landscaping and lighting for the Fiscal Year 2023- 2024 is $3,046.

Description FY 21/22 Actuals FY 22/23 Estimated FY 23/24 Projected Utility Charges $1,005.48 $2,383.68 $1,106.00
Contract Services $486.60 $510.93 $536.00
Capitol Projects $0.00 $28,600.00 $0.00
City Labor $875.00 $933.33 $980.00
Annual Zone Administration $384.30 $403.52 $424.00
General Fund Loan Repayment $0.00 $0.00 $0.00
Total Expenses $2,751.38 $32,831.50 $3,046.00
Zone Reserve Used $0.00 $0.00 $0.00
General Fund Loan $0.00 $0.00 $0.00
Total Assessment $5,388.50 $5,122.00 $5,390.00
Assessment Interest $85.41 $90.00 $95.00
Total Revenue $5,473.91 $5,212.00 $5,485.00
Estimated Fund Balance

11.a
Packet Pg. 453 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) FY 2022-23
(Estimated)
FY 2023-2024
(Projected)
Estimated Starting Reserve Fund
Balance July 1 $35,367.54 $7,748.04
Estimated Assessment Revenue $5,212.00 $5,485.00
Estimated Expenses $32,831.50 $3,046.00
Estimated Ending Reserve Fund
Balance June 30 $7,748.04 $10,187.04
The total proposed assessment for FY 2023-24 is $5,390.00 which is a 5% percent increase over FY 2022-22.

Method of Assessment Spread
The assessment shall be equally divided among the fourteen (14) dwelling units. A more detailed description of the method of apportionment is in Attachment A.

Assessment Spread
Fourteen (14) parcels in assessment area
Lot No. Assessor's Parcel
Number
Annual
Charge
1 046-640-001 $385.00
2 046-640-002 $385.00
3 046-640-003 $385.00
4 046-640-004 $385.00
5 046-640-005 $385.00
6 046-640-006 $385.00
7 046-640-007 $385.00
8 046-640-008 $385.00
9 046-640-009 $385.00
10 046-640-010 $385.00
11 046-640-011 $385.00
12 046-640-012 $385.00
13 046-640-013 $385.00
14 046-640-014 $385.00
Total Annual Assessment $5,390.00

11.a
Packet Pg. 454 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) ENGINEER’S REPORT ATTACHMENTS
Attachment A - Method of Apportionment of Assessment - A statement of the method used by Engineer of Work to determine the amount proposed to be assessed against each parcel within the Assessment District.

Attachment B - Assessment Diagrams – An Assessment Diagram (maps) showing all of the parcels of real property within the boundaries of the ten Assessment Zones. The A.P.N.’s are shown in the Assessor’s Maps available at the County of Sonoma Assessor’s Office.

Attachment C - Improvement Plans – This portion of the Engineer’s Report describes any improvement plans that may be needed for the installation of the improvements. If plans exist, they are filed with the City Clerk. Although separately bound, the plans and specifications are part of this Engineer’s

11.a
Packet Pg. 455 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Report and are included in it by reference.

11.a
Packet Pg. 456 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments)

ATTACHMENT A

METHOD OF APPORTIONMENT OF ASSESSMENT
The following is a brief description of the manner in which the annual assessment has been apportioned to each parcel within the Assessment Zones:

Each parcel within each of the zones of the Assessment District receives a direct special benefit from improvement covered by this assessment as follows:

Valparaiso Vista Zone 1 - Zone 1 includes the maintenance of 7,416 square feet of landscaping along Redwood Highway and Valparaiso Avenue and five street lights within the development. The parcels within this zone receive a direct special benefit from these amenities that are an asset to the values of the homes.

Quail Hollow IV Zone 2 - Zone 2 funds the annual costs associated with the operation and maintenance of Quail Hollow, the back-on landscaping along portions of Myrtle Avenue. Additionally, maintenance of the landscaping provides a direct benefit for the parcels as maintaining the landscaping adds to property values and provides beneficial landscape features specific to residents within this zone.

Sommers Zone 3 - The related Assessment Zone improvements in Zone 3 include six driveway lights. Additionally, the lighting adds to property values and provides beneficial landscape features specific to residents within this zone.

Macklin Zone 4 - The related improvements in Zone 4 includes 1,170 square feet of “back-on” landscaping along Myrtle Avenue. Residents within this zone directly benefit from maintenance of the landscaping, as maintaining the landscaping adds to property values and provides beneficial landscape features specific to residents within this zone.

Sierra Meadows Zone 5 - The related improvements in Zone 5 include nine street lights within the development. Residents within this zone directly benefit from the lighting, as maintaining the lighting adds to property values and provides beneficial lighting features specific to residents within this zone.

Oak Knoll Zone 6 - The related improvements in Zone 6 include the island landscape maintenance on Christensen Court and five street lights. Residents within this zone directly benefit from maintenance of the landscaping and lighting, as maintaining the landscaping and lighting adds to property values and provides beneficial landscape features specific to residents within this zone.

Garden Gate Zone 7 - The related improvements in Zone 7 include 2,900 square feet of “back-on” landscape along a portion of East Cotati Avenue and five street lights. Residents within this zone directly benefit from maintenance of the landscaping and lighting, as maintaining the landscaping and lighting adds to property values and provides beneficial landscape features

11.a
Packet Pg. 457 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) specific to residents within this zone.

Park Meadows Zone 8 - The improvements in Zone 8 include 38,475 square feet of “back-on” landscape along a portion of East Cotati Avenue and eleven street lights. Residents within this zone directly benefit from maintenance of the landscaping and lighting, as maintaining the landscaping and lighting adds to property values and provides beneficial landscape features specific to residents within this zone.

Santero Way Zone 9 - The improvements in Zone 9 include a 31,000 square feet landscaped park and seventeen street lights. Residents within this zone directly benefit from maintenance of the landscaping and lighting, as maintaining the landscaping and lighting adds to property values and provides beneficial landscape features specific to residents within this zone.

Altman Acres Zone 10 - The improvements in Zone 10 include a 11,750 square feet landscaped area along Old Redwood Hwy and five street lights. Residents within this zone directly benefit from maintenance of the landscaping and lighting, as maintaining the landscaping and lighting adds to property values and provides beneficial landscape features specific to residents within this zone.

The method of apportionment (spread) equates all parcels in Zones 1, 2, 3, 4, 5, 6 , 7, 8, 9 and 10 within the boundaries of the Assessment Zone to an Equivalent Single-Family Dwelling (ESD) unit use, or portion thereof. The following basic use units reflect the relative benefit accruing to parcels of land within a City of Cotati Landscaping and Lighting Assessment Zone:

1. Single dwelling parcel 1 unit

2. Multiple dwelling unit parcel 1 unit per dwelling
Once the total number of ESD units is determined for each of the Zones, the total number of ESD units within each Zone shall be divided into each respective Zone’s operation and maintenance expenses for the upcoming fiscal year (see Part B). This will result in the proposed annual assessment per ESD for the upcoming fiscal year. The annual assessment per ESD shall be multiplied by the total use units established for each parcel, or portion thereof, to determine the proposed total annual assessment for each parcel within each Zone 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10.

Annual assessments are apportioned in this manner due to the relative benefit of the improvements to each of the parcels within each separate Zone. Since the improvements are easily accessible to all the parcels within each Zone, the level of benefit is equally spread to each parcel.

Although Section 22663 of the Streets and Highways Code typically requires that public property

11.a
Packet Pg. 458 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) not be assessed, Article XIII, Section 4(a) of Proposition 218 now requires that public agencies shall not be exempt from assessment. However, the creek area, wetlands and public rights-of-way and easements within various Zones preclude construction of structures for other uses that conflict with the allowable zoning of these areas. Therefore, these publicly owned areas without a dwelling and used exclusively for greenbelt, or open space, or the common area of any planned unit development, receive no special benefit and do not receive an annual assessment.

11.a
Packet Pg. 459 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments)

ATTACHMENT B

ASSESSMENT DIAGRAMS
Attached are the Assessment Diagrams (Maps) for the ten Assessment Zones. Please note the lines and dimensions of each parcel, as well as the distinctive Assessor’s Parcel Number, are shown on the Assessor's Maps for the City of Cotati available at the County of Sonoma Assessor's Office. The attached pages also provide the reference to the appropriate Assessor Books at the County of Sonoma Assessor’s Office for the respective subdivisions in each of the ten Zones.

11.a
Packet Pg. 460 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Zone 1 - Valparaiso:

Lots 51 through 65 (15 total) and associated right-of –way street frontages lying within the Valparaiso Vista PUD Subdivision filed in the recorder’s office of the County of Sonoma in book 144 of Maps, Page 40.

Zone 2 - Quail Hollow:

Lots 17-47 (31 total) and associated right-of-way street frontages lying within the Quail Hollow IV Subdivision are filed in the recorder’s office of the County of Sonoma in book 46 of Maps, Page 61.

Zone 3 - Sommers:

Lots 20-27 (8 total) and associated right-of-way street frontages lying within The Sommer Subdivision are filed in the recorder’s office of the County of Sonoma in book 144 of Maps, Pages 28.

Zone 4 - Macklin:

Lots 1-39 (39 total) and associated right-of-way street frontages lying within Macklin Subdivision, filed in the recorder’s office of the County of Sonoma in Book 46 of Maps, Page 62.

Zone 5 - Sierra Meadows:

Lots 1-26, 29, and 31-33 (30 total) and associated right-of-way street frontages lying within the Sierra Meadow Subdivision, filed in the recorder’s office of the County of Sonoma in Book 144 of Maps, Page 73.

Zone 6 - Oak Knoll:

Lots 1-26, 29, and 31-33 (30 total) and associated right-of-way street frontages lying within the Oak Knoll Subdivision, filed in the recorder’s office of the County of Sonoma in Book 144 of Maps, Page34.

Zone 7 - Garden Gate:

Lots 42-53, 58-60 (15 total) and associated right-of-way street frontages lying within the Garden Gate Subdivision, filed in the recorder’s office of the County of Sonoma in Book 144 of Maps, Page72.

Zone 8 - Park Meadows:

All the land lying within the Park Meadows Subdivision, filed in the recorder’s office of the County of Sonoma in Book 144 of Maps, Page47.

Zone 9 - Santero Way:

The boundary of the Santero Way Developments Landscape and Lighting Assessment Zone coincides with the exterior boundaries of the Cotati Station Subdivision, Phase 1, recorded in Book 654 at Pages 44 through 49, Sonoma County Records. All individual Lots 1-50 and twenty (20) Condominium units

11.a
Packet Pg. 461 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) within the boundaries of the Cotati Station Subdivision, Phase 1 (for a total of 70 dwelling units) are included in the assessment Zone.

Zone 10 - Altman Acres:

Lots 1-14 (14 total) and associated right-of-way street frontages lying within the Altman Acres Subdivision are filed in the recorder’s office of the County of Sonoma in Book 46 of Maps, Pages 64.

11.a
Packet Pg. 462 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments)

ATTACHMENT C

IMPROVEMENT PLANS
If improvement plans exist, they are filed with the City Clerk. Although separately bound, the improvement plans are part of this Engineer’s Report and are included in it by reference.

11.a
Packet Pg. 463 Attachment: 2023-2024 LLAD Report - FINAL (Approve LLAD report and approve assessments) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: City of Cotati License Agreement for Use of the Cotati Veterans Building Facilities
Date: June 27, 2023
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council approve a resolution authorizing the City Manager to execute a license agreement between the City of Cotati and the County of Sonoma for use of the Cotati Veterans Building.

Background
The County of Sonoma owns, operates, and maintains the Cotati Veterans Building, which includes the building and connecting parking lots.

The City of Cotati has a desire to bring more recreation programs, events, and private rental spaces to the community and believes that the Cotati Veterans Building is an ideal location to do so. The City owns the Cotati Room, which is often booked out months in advance, not being able to meet the needs of the community for rental spaces. The Cotati Veterans Building is larger than the Cotati Room and is currently under-utilized and under-marketed by the County of Sonoma.

City staff believe that with the City taking over the operations of the facility, life can be brought to the Cotati Veterans Building, offering easier access of use to the community.

Under the proposed license agreement with the County of Sonoma, the building and parking lots would be managed and maintained by City of Cotati staff and its contractors.

Analysis/Discussion
The proposed license agreement with the County of Sonoma is a 1-year license agreement, with the option for extensions if requested by the City and approved by the County. The license agreement with the County will be beneficial to the City because it will offer more space to run City sponsored events and classes/programs as well as a large event space available to the public for private rentals. The space will also be available to businesses for public events through the rental process.

12.A
Packet Pg. 464
City staff, in conjunction with the County, have developed a draft license agreement with terms that include the City paying for utilities associated with the Cotati Veterans Building and routine maintenance of the building and the landscaping. The County would remain responsible for larger repairs and infrastructure updates; generally anything over $5,000, which is the City’s threshold when maintenance becomes a capital project.

Staff are proposing this as a 1-year trial period, with the goals of developing higher utilization by the community, understanding the staff time commitment to manage the facility and at least break even on costs. The general financial terms, as described more fully below, are that City staff time to manage the facility are not reimbursable, but that all utility costs and maintenance expenses (direct expenses where we get an invoice from a third party) are offset by rental revenue. Rental revenue that exceeds contractor expenses is shared 50/50 with the County. The City must use the County’s rental rates and rental forms and allow for certain priority County and veteran uses. If approved by the City Council, the City will assume management of the facility after July 1, 2023. The draft license agreement, attached to the resolution, contains the terms in greater detail.

Financial Considerations
The initial costs to the City include a damage deposit in the amount of ten-thousand dollars ($10,000.00) for the period of the initial agreement (one-year). The deposit is to be funded with budget availability within the City Managers Department of the General Fund. It is anticipated that the full deposit will be returned at the end of the term.

Other expenses incurred related to this license agreement include the required staff time to promote and manage bookings at the facilities as well as any public works staff time required for maintenance efforts (only if a maintenance contractor is unavailable). No additional staff is proposed to be added to support this agreement during the initial one-year term. Therefore, by utilizing existing City staff, it will reduce their availability to perform other duties. Other expenses that are paid out for services or supplies are all reimbursable through revenue recapture, provided there is sufficient revenue to cover the costs, as described in the license agreement.

After the City reimburses itself for its out of pocket, direct maintenance, repairs, utilities and upkeep costs, the County and City will each be entitled to a 50% share of net revenues derived from all rental uses of the Premises during the Term. With respect to classes offered at the Premises, and after first reimbursing itself for payment of instructor fees, the City will retain 70% of attendance payments for classes conducted at the Premises and the County shall be entitled to 30% of said fees.

The current rental rates and facility fees were set by the County Board of Supervisors and cannot be updated without BOS approval. During the initial one-year license agreement, the County is requiring the City to continue to use their set fees, which are included in the attachments. The

12.A
Packet Pg. 465
County does not anticipate any updates to the fee schedule during the license term but if any updates do take place, adjustments will be made to match the BOS approved fees.

With the current demand for use of the Cotati Room at the Civic Center, it is anticipated that the Veterans Building, with significant access to parking and larger capacity for multiple types of functions, will be desirable to renters in the area. At the current light rental usage, the City evaluated the County’s rental income and believes that it is close to covering direct expenses.

With increased usage, staff is optimistic that we can achieve at least a net break even on direct expenses in the 1 year pilot period. If revenue exceeds direct expenses, net excess will be split with the County and benefit the General Fund.

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.

12.A
Packet Pg. 466
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING TO

A ONE YEAR LICENSE AGREEMENT FOR USE OF THE COTATI VETERANS

BUILDING FACILITIES, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENT
WHEREAS, the City of Cotati (City) has a desire to bring more opportunities for community programs, classes, events, and accessible rental spaces to Cotati; and WHEREAS, the County of Sonoma owns the Cotati Veterans Building, located at 8505 Park Avenue in Cotati; and
WHEREAS, the County of Sonoma desires to partner with the City to efficiently operate the Cotati Veterans Building; and
WHEREAS, the City has the necessary skills and resources to effectively manage and operate the Cotati Veterans Building in a manner that benefits the community; and WHEREAS, funding for the license agreement deposit and staff time is included in the adopted Fiscal Year 2023/24 budget; and
WHEREAS, the action of executing a license agreement for facility management and operations does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati does hereby approve the attached License Agreement with the County of Sonoma and authorizes the City Manager to execute said agreement; and
BE IT FUTHER 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. Effective Date of this Resolution. This Resolution shall become effective immediately.

Section 3. 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, 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.

Packet Pg. 467
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 June 27th, 2023, by the following vote, to wit:

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

License Agreement - Cotati Veterans Building (PDF)
Packet Pg. 468

LICENSE AGREEMENT
FOR

COTATI VETERANS MEMORIAL BUILDING

BETWEEN

COUNTY OF SONOMA
AND

CITY OF COTATI

FOR PROPERTY LOCATED AT
8505 PARK AVENUE, COTATI, CA

12.a
Packet Pg. 469 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 1 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building

LICENSE AGREEMENT
This LICENSE AGREEMENT (hereinafter referred to as "Agreement") is made and entered into on July 1, 2023 (“Effective Date”), by and between the COUNTY OF SONOMA, a political subdivision of the State of California (hereinafter referred to as "County") and the CITY OF COTATI, a municipal corporation, hereinafter referred to asthe “City” or "Licensee"). County and Licensee are sometimes collectively referred to herein as the “Parties”.

R E C I T A L S
A. County is the owner of that certain real property commonly known as the Cotati Veterans Memorial Building (“Building”), which consists of approximately five thousand six hundred fifty (5,650) square feet, located at 8505 Park Avenue, Cotati, in the County of Sonoma, California, identified as APNs 144-410-032 together with all contents, furniture, fixtures in the Building and the surrounding parking areas, landscaping and associated grounds, more specifically described and depicted in Exhibit A attached hereto and incorporated herein (hereinafter collectively referred to as "Premises").

B. County has managed the Premises to provide, among other things, a location for qualifying Veterans organizations to meet, a venue for other Veterans-related events, a venue for a wide range of public and private events, and a venue for County business.

C. County desires to grant to Licensee a revocable license to operate the Premises consistent under a pilot program of one (1) year with the mutually held objectives of providing a location for qualifying Veterans organizations to meet, a venue for other Veterans-related events, a venue for a wide range of public and private events, a community events center for use by the general public as administered by Licensee and/or third party community organizations; and other uses and reservations as specifically provided for in this Agreement, and a venue for County business, all while maximizing the Premises' value to the community.

NOW, THEREFORE, incorporating the Recitals as set forth above, and in consideration of the mutual covenants herein contained, County and Licensee hereby agree as follows.

A G R E E M E N T

ARTICLE I
TERM
The term of this Agreement shall be one (1) year, commencing on July 1, 2023 (“Commencement Date”), and ending on June 30, 2024, unless terminated under Article IX (Termination of Agreement). At the expiration of said term, this Agreement, if not terminated upon 30 calendar days’ advance written notice by either Party, shall then be deemed a monthto-month Agreement which is cancelable by either party on 30 calendar days’ advance written notice, which notice may be given at any time during a month, provided that in any event the

12.a
Packet Pg. 470 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 2 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building cancellation shall be effective at the end of the calendar month in which the 30 calendar day notice period ends.

ARTICLE II

RESPONSIBILITIES OF LICENSEE AND COUNTY

2.1 GENERAL.

2.1.1 Licensee shall be principally responsible to handle reservations, renting for approved meetings, events, and classes and programming the Premises for public use.

2.1.2 Licensee shall use its best efforts to fully rent, reserve, and license the Premises with the goal of maximizing the Premises’ economic value.

2.1.3 Licensee shall operate the Premises as a licensee and independent contractor in a manner normally associated with the operation of good quality commercial property in the Sonoma County, California area.

2.2 USES, PURPOSES.

2.2.1 Permitted Uses. Licensee shall use and permit the use of the Premises only for the following purposes (collectively the “Permitted Uses”): (a) operation of a Veterans memorial building for the benefit of Veterans organizations as required by the Military and Veterans Code; (b) a community and recreational events center administered by Licensee and/or third party community organizations whereby meetings, events, and classes and other programming consistent with the attached list of “Approved Uses” set forth at Exhibit B-1, attached hereto and incorporated herein by reference, are offered; and c) other uses as specifically provided for in this Agreement . The uses described in this paragraph a)-b) may be collectively referred to as the “Permitted Uses”.

2.2.1.1 Uses for the Benefit of Veterans Organizations
(a) Continued use of the Premises by all Veterans’
organizations shall be allowed as required by the Military and Veterans Code, as amended from time to time. “Veterans Uses and Charges Policy & Other County Reserved Uses” attached hereto at Exhibit B-2 specifies Veterans' organization reserved uses and related requirements as well as other regular County uses. For qualified Veterans organizations as described in the Military and Veterans Code, use of the Premises shall be in accordance with the provisions specified in Exhibit B-2. If a dispute arises concerning use by a Veterans' organization which is not timely resolved to the mutual satisfaction of Licensee and a Veterans' organization, Licensee shall notify County of the dispute and County shall work with the parties to resolve the dispute. Determinations made by the County, in accordance with the dispute resolution processes, shall be final. (b) Continued use of the auditorium and other portions of the Premises for memorial services for deceased Veterans pursuant to Exhibit B-2.

12.a
Packet Pg. 471 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 3 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building (c) Licensee shall keep and maintain the memorial room with all of the Veterans memorabilia in current condition and permit future additions by the Veterans as needed.
(d) Licensee shall establish a protocol for communications to be used to keep the Veterans Service Organizations (VSO) informed about Licensee uses and VSO requested and planned uses of the Premises and a process to discuss and resolve any disagreements about priority of City’s and VSO’s uses and concerns.

2.2.1.2 Licenses with Third Party Community Organizations. Except for Approved Uses conducted by Licensee directly as described at Exhibit B-1, and certain uses according to the specified charges by qualified Veterans organizations as outlined in the “Veterans Uses and Charges Policy & Other County Reserved Uses” as set forth in Exhibit B-2, for each use of the Premises by a third party, Licensee shall prepare a sublicense agreement in the form of that attached hereto as Exhibit C. The license agreement must be fully executed by Licensee and the third party with all required documentation on file prior to such use. Licensee shall follow County’s Non-Discrimination Policy in making license agreements available. (a) License Insurance Requirements.
i) Individual users (e.g., private celebrations, events, etc.) are required to purchase insurance through the Event Liability Insurance Program used by County or other program approved by Licensee provided coverage and limits are identical to those required herein, and have such policy in place before the event occurs. At the time of this Agreement, Alliant Insurance Services Inc. (“Alliant”) is the company used by County. This program provides General Liability coverage at a reasonable cost and with minimal administration. Licensee agrees to establish an account with Alliant and any replacement company for provision of this coverage, and to manage this process. ii) Business, association, club, etc., users (e.g., meetings, classes, community celebrations, etc.) can choose to purchase event specific coverage through the Event Liability Insurance Program currently with Alliant, but are not required to do so. If the Program is not used, such users must provide other insurance coverage which meets the requirements specified in the license agreement. Licensee shall review the insurance documentation submitted by users as required by the license agreement and ensure that all required documentation is on file before the event occurs. (b) Other License/Insurance Matters. If any of the following occurs with respect to any license agreement Licensee plans to execute with a potential licensee, then Licensee shall consult with County and follow the direction provided by County either before execution of the license agreement, or as soon as Licensee becomes aware of the occurrence:
i) licensee has a deductible of self-insured retention in excess of Twenty-Five Thousand Dollars ($25,000) for its general liability insurance or liquor liability insurance;

12.a
Packet Pg. 472 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 4 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building ii) Any of licensee’s insurance is terminated or reduced, or sub-licensee fails to maintain its required insurance;
iii) Licensee seeks assignment of the license agreement or any duty or interest thereunder;
iv) A question arises regarding the number of persons at an event;
v) Licensee wishes to cancel the license agreement, in
which case Licensee shall only notify County without need for further County direction.

2.2.1.3 Other County Reserved Uses. Continued use of portions of the Premises by the County as generally set forth at Attachment A to Exhibit B-2 shall be allowed.

2.2.1.4 Alcoholic Beverages. In the event Licensee or any third party intends to serve alcoholic beverages at any event, then Licensee/licensee/third party shall follow the recommended guidance, and provision of insurance, as set forth in Exhibit D.

2.2.1.5 Reservations to County. In addition to the above uses, and notwithstanding anything herein to the contrary, County reserves the following uses of the Premises, and all of Licensee’s rights hereunder are subordinate and subject to all such reservations. In no event shall Licensee charge any rental, fee or other consideration to any party for any use of the Premises as described below.
(a) County reserves the right to use all or a portion of the Building or associated parking lots, in the event of emergency or major disaster such as flood, earthquake or pandemic health emergency, cooling centers, power safety shut off community support center and similar (“Emergency Event(s)”). Under disaster operations, it may be necessary to cancel all, or a portion of, scheduled activities during the period(s) immediately preceding the onset of a disaster, during a disaster, and the recovery period after the disaster. (i) During Emergency Event(s): (1) County shall not be
obligated to reimburse Licensee for any loss of rental revenues or related costs and (2) Licensee shall not be subject to the Maintenance Responsibilities Matrix requirements set forth in Exhibit E, except in the event and to the extent Licensee continues conducting the Permitted Uses in a portion of the Premises and then only with regard to said portion. (b) Continued use of portions of the Premises as a voting precinct or polling place in a manner as determined by the County’s Director of Public Infrastructure and acceptable to the County’s Registrar of Voters. Licensee shall request, on a yearly basis or more often if appropriate, voting uses for the Premisesfrom the County’s Registrar of Voters, and shall coordinate such communication with the County’s Director of Public Infrastructure; and

12.a
Packet Pg. 473 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 5 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building (c) Use of the auditorium portion of the Premises by the County for public meetings (e.g., town-hall meetings, CEQA hearings and other public meetings) and other events of community interest as determined by County not more than twelve (12) times per calendar year, for not more than eight (8) hours at a time, upon thirty (30) days' prior written notice to Licensee (if possible), and subject to prior reservations arranged by Licensee.

County and Licensee shall closely cooperate to effect County's use of the Premises pursuant to this Section.
(d) Licensee shall not commit any act or omission that would in any way interfere with the reservations described above. Licensee shall fully cooperate with the organizations for which these reservations have been set aside. Licensee shall appoint at least one of its officers or executive staff to attend all Veterans’ advisory committee meetings established by the County. In the event any act or omission on the part of Licensee directly or indirectly interferes with the uses described in the reservations above, Licensee shall immediately correct said interference, at Licensee’s sole cost and expense, to the full satisfaction of County. In the event that Licensee fails to remedy any such interference within one (1) hour of receiving notification thereof (which may be verbal), or some other timeframe deemed reasonable by Licensee and County, County shall be entitled to correct such interference at Licensee’s sole cost and expense.

2.2.2 Operational Requirements of Licensee. Licensee agrees throughout the term to abide by the following conditions and requirements:

2.2.2.1 Cancellation of Insurance; Increase in Insurance Rates. Licensee shall not do, bring, or keep anything in or about the Premisesthat will cause a cancellation of any insurance covering the Premises or Licensee’s activities hereunder.

2.2.2.2 Hazardous Materials.
(a) Licensee shall not cause or permit any Hazardous Materials (as hereinafter defined) to be brought upon, kept or used in or about the Premises by Licensee, its agents, employees, contractors or invitees, without the prior written consent of County. For consent to be granted, Licensee must demonstrate to County's satisfaction that such Hazardous Materials: (i) are necessary or useful to Licensee's business and will be used, kept and stored in a manner that complies with all laws, statutes, ordinances, rules, regulations, orders, requirements, and policies of any and all governmental agencies and authorities and any fire insurance underwriters applicable to any such Hazardous Materials ("Hazardous Materials Laws") and (ii) do not otherwise, due to the quantity, nature or use of such Hazardous Materials, materially increase the risk of fire or other casualty to the Premises. (b) To the extent any Hazardous Materials are used, kept, or are present in or on the Premises after the Effective Date, Licensee shall ensure that all such Hazardous Materials, and all uses thereof, are in full compliance with all Hazardous Materials Laws. Licensee shall be responsible for all alterations, improvements, modifications and

12.a
Packet Pg. 474 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 6 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building remediation necessary to comply with any and all laws and regulations, including without limitation, those related to remediation or abatement of Hazardous Materials, seismic and other codes. Licensee expressly acknowledges that many of the improvements on the Premises were constructed in or before 1976 and may contain Hazardous Materials. (c) If Licensee breaches the obligations stated in
subparagraphs (a) or (b) above, or if the presence of Hazardous Materials on the Premises after the Commencement Date results in contamination of the Premises, or if Hazardous Materials are otherwise discharged or released from the Premises after the Effective Date, then Licensee shall indemnify, defend (with counsel approved by County) and hold County harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities and losses (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the term of this Agreement as a result of such breach, contamination, discharge, or release. This indemnification of County by Licensee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Materials present in, on or under the Premises. Upon the termination of this Agreement, Licensee shall surrender the Premises to County free of any and all Hazardous Materials and in compliance with all Hazardous Materials Laws. This indemnification shall survive the termination or expiration of this Agreement.
(d) For the purpose of this Section 2.2.2.2, the term
"Hazardous Materials" includes, without limitation, any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C. §9601 et seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. §1801 et seq.), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. §6901 et seq.), Section 25117 of the California Health & Safety Code, Section 25316 of the California Health & Safety Code, and in the regulations adopted and publications promulgated pursuant to them, or any other federal, state, or local environmental laws, ordinances, rules, or regulations concerning the environment, industrial hygiene or public health or safety now in effect or enacted after the Effective Date.

2.2.2.3 Billboards and Signs. Licensee agrees not to construct or install any building signage, or maintain, or allow upon the Premises any billboards, signs, banners or like displays which may be placed in or upon any building or structure in such manner as to be visible from the outside thereof, without the prior written consent of County, and provided Licensee has obtained all necessary permits and other entitlements required by all Laws and Orders (as defined below). In no event shall Licensee remove, cover, deface, modify, alter, relocate or otherwise change any signage existing on the Effective Date relating to the Veterans memorial for which the Building was constructed, without the prior written consent of County.

12.a
Packet Pg. 475 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 7 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building

2.2.2.4 Waste; Nuisance. Licensee shall not use the Premises in any manner that will constitute waste, nuisance or unreasonable annoyance to owners or occupants of adjacent properties.

2.2.2.5 Compliance with Laws. Licensee shall comply with all Laws and Orders (as defined below) concerning use, rental, operations, maintenance, improvement, and programming of the Premises or Licensee’s use of the Premises. For purposes of this Agreement, the term “Laws and Orders” includes all federal, state, county, city or government agency laws, statutes, ordinances, standards, rules, regulations, requirements, or orders now in force or hereafter enacted, promulgated, or issued. The term also includes government measures regulating or enforcing public access, occupational, health, or safety standards for employers, employees, landlords or tenants. Licensee to comply with all COVID protocols and health mandates regarding air exchange, cleaning, disinfecting, social distancing, signage, contact tracing, etc. (if any).

2.2.3 Compliance with Laws. County shall comply with all Laws and Orders relating to its ownership of the Premises which are not Licensee’s responsibility as defined in Section 2.2.2.5 above.

2.2.4 County's Right to Grant Easements. County shall have the right to install, lay, construct, maintain, repair and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, connections; water, oil and gas pipelines; and telephone and telegraph power lines and such other appliances and appurtenances necessary or convenient to use in connection therewith, over in, upon, through, across and along the Premises or any part, thereof, as will not substantially interfere with Licensee’s operations hereunder and to enter thereupon for any and all such purposes. County also reserves the right to grant easements, rights-of-way and permits in, over, and upon, along or across any and all portions of said Premises as County may elect. County will cause the surface of the Premises to be restored to its condition existing immediately prior to commencement of any construction done pursuant to this Section. County agrees that any right set forth in this Section 2.2.4 shall not be exercised unless a prior written notice of ten (10) days is given to Licensee. However, if such right must be exercised by reason of emergency, County will give verbal notice and then written notice as soon as reasonably possible under such circumstances.

2.3 MARKETING. Licensee shall be responsible for marketing, reservations and licensing for activities at the Premises. Licensee shall use its best efforts to actively promote and market the Premises for the Permitted Uses, and fully rent, reserve and license the Premises with the goal of maximizing the Premises’ economic value. Licensee shall negotiate and execute reservations and license agreements pursuant to Subsection 2.2.1.2 without the prior written approval of County, provided the term and amount of any such agreement meets the requirements of County Code Section 2-172 as it may be amended. License agreements in excess of the above authority limits shall be presented to County for its independent review and approval. Licensee shall not represent anything to the contrary to prospective licensees.

12.a
Packet Pg. 476 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 8 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building

2.4 MAINTENANCE AND REPAIRS. Licensee shall institute and effect all ordinary and extraordinary repairs, maintenance, decorations and alterations, and shall be responsible for the administration of a preventative maintenance program for all mechanical systems, electrical systems, plumbing systems, and other equipment in accordance with Maintenance Responsibilities Matrix Exhibit E attached hereto and incorporated herein by reference.

2.5 MAINTENANCE OF PROPERTY. Licensee shall maintain, in good condition and repair, all portions of the Premises, all maintenance of the exterior portions of the Building, consistent with Maintenance Responsibilities Matrix Exhibit E attached hereto and incorporated herein by reference. Licensee may but is not obligated to replace any “Major Building System” as defined in Exhibit E.

2.5.1 Utilities. Licensee shall be responsible for timely payment of all operating costs for use of the Premises, including utilities, maintenance, and taxes including Possessory Interest Taxes. Licensee shall pay for all utilities during the Term including without limitation water, sewer, garbage, recycling, electricity, gas, phone, cable, etc.

2.5.2 Deposit. Licensee to deliver a deposit in the amount of Ten Thousand Dollars ($10,000.00) (the “Deposit”). The Deposit shall be refundable if Licensee returns the Premises in a safe, clean condition, without unreasonable wear and tear and has performed the required repairs and maintenance during the Term. The Deposit shall be retained by County in the event of a material default under the Agreement and applied towards any failed condition of repair or maintenance.

2.5.3 Caps on Maintenance Items. Prior to incurring the cost of any single maintenance or repair item equal to or in excess of $5,000 or replacement of a kitchen appliance equal to or in excess of $2,000, Licensee shall first seek the prior approval of County. It is understood that all maintenance and repair costs shall first be deducted prior to calculating the parties’ revenue shares; however, the parties acknowledge that the Licensee is not obligated to incur maintenance and repair costs such that there are no revenues remaining to share. City shall report all maintenance and repair costs to county on a monthly basis. City shall not be obligated to incur maintenance and repair costs in excess of Twenty Thousand Dollars ($20,000.00) over the Term.

2.5.4. Janitorial Services. Licensee to regularly clean the Premises and stock all supplies and equipment needed for use (paper products, light bulbs, furniture, chairs, tables, small appliances etc.) for all permitted uses. At the end of the Term, Licensee shall ensure that said supplies and equipment left on site shall be generally equivalent to that on hand at the Commencement Date.

2.6 COUNTY’S MAINTENANCE. County may elect at its own cost, but shall not be obligated, to maintain: (a) the structural parts of the Building which structural parts include only the foundations and bearing walls (excluding glass and doors); and (b) Major Building Systems, consistent with Exhibit E attached hereto and incorporated herein by reference. In no event

12.a
Packet Pg. 477 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 9 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building shall County be obligated to perform or complete any repairs or replacement of any Major Building Systems during the Term.

2.7 TAXES. Licensee is fully responsible for and agrees to pay out of the Operating Account, all real and personal property taxes (including any tax levied on a possessory interest, as defined in California Revenue and Taxation Code Section 107 or successor statute, if applicable), general and special assessments, and other charges of every description, levied on or assessed against the Premises, personal property located on the Land or in the Building, to the full extent of installments falling due during the term. Licensee shall make all such payments directly to the assessing authority, at least ten (10) days before delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment.

If, however, the law expressly permits the payment of any, or all, of the above items, in installments (whether or not interest accrues on the unpaid balance), Licensee may, at Licensee’s election, utilize the permitted installment method, but shall pay each installment, with any interest, before delinquency. Licensee expressly recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that Licensee may be subject to payment of property taxes levied on such interest.

2.8 BANKING. Licensee shall facilitate all banking matters related to its contractual responsibility. Licensee shall notify County of the account number of the Operating Account together with the name and location of the financial institution wherein it is located.

2.9 INSPECTIONS. Licensee shall conduct regular and frequent inspections of the Premises, sufficient to provide proper preventative and corrective maintenance.

2.10 BOOKS AND RECORDS. Licensee shall maintain complete and identifiable records and files on all matters pertaining to the Premises, including without limitation, all revenues and expenditures, service contracts, licenses, and similar agreements. Said books and records shall be kept during the term of this Agreement and any extension at the offices of Licensee at:

City of Cotati
Attn: City Manager
201 W Sierra Ave., Cotati, CA 94931
Ph: 707.665.3622
or such other place as County and Licensee from time to time agree. Licensee shall prepare and provide to County a monthly statement, in form satisfactory to County, of Gross Revenues, operating expenses and net operating income and such other matters as County may reasonably request for such month. Licensee shall keep accurate and complete books and accounts showing operations and transactions relating to the Premises and showing the assets, liabilities, and financial condition of the Premises. County's duly authorized representatives shall at all times during regular business hours have access to and may inspect and copy any such books and records. Licensee shall prepare or cause to be prepared such other statements to the extent

12.a
Packet Pg. 478 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 10 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building related to the property as County may reasonably request. Licensee shall provide all books and records to County promptly at the end of the term or earlier termination of this Agreement.

2.11 CUSTOMER RELATIONS. Licensee shall administer a customer relations program which maintains a high visibility of the Premises to renters, licensees and similar parties.

2.12 AS-IS CONDITION OF PROPERTY.

2.12.1 County shall provide access to the Premises for Licensee to conduct all necessary due diligence prior to commencement of this Agreement, pursuant to a separatelyexecuted, standard Right of Entry agreement, in form and terms provided by County. At Licensee’s sole and exclusive cost and risk, Licensee to perform all due diligence studies, investigations and assessments of the Premisesto assess the appropriateness of the Premisesfor Licensee’s proposed activities, uses, and operations. Such review may include such measurements and surveys, environmental, habitat, engineering utilities and regulatory reviews Licensee considers reasonable and necessary. County to provide available and relevant records, documents, exhibits, studies in possession of County.

2.12.2 County discloses that it has executed that certain Easement Agreement with the Groundwater Sustainability Authority recorded February 23, 2022 as Instrument No. 2022-013132, and has delivered a copy of the same to Licensee. Licensee’s use of the Premises shall be subject to the terms and conditions of said easement including access for monitoring the well described therein.

2.12.3 By execution of this Agreement, Licensee acknowledges that it has had sufficient time to conduct all inspections, reviews and studies of the Premises that may deem necessary. Licensee hereby expressly assumes the risk that adverse physical conditions and the full extent thereof, may not be revealed by Licensee’s inspections, reviews and studies of the Premises. It is an expressly bargained-for agreement herein that Licensee shall be responsible, at Licensee’s sole cost and expense, for causing the Premises to comply in all respects with all Laws and Orders as provided for herein.

2.12.4 Licensee hereby acknowledges that neither the County nor anyone acting for or on behalf of the County, has made any representation, warranty or promise to Licensee concerning the physical aspects or condition of any portion or part of the Premises, Land, Building or other improvements, the feasibility, desirability or convertibility of the Premises into any particular use, the zoning, building or land use restrictions applicable to the Premises, projected income or expenses for any of the Premises, the conditions of the soil, subsoils, ground water, or surface waters or the presence or absence of any toxic waste or hazardous substances or material, and that by entering into this Lease has not relied on any representation, statement or warranty of the County, or anyone acting for or on behalf of the County, and that all matters concerning the Premises shall be independently verified by Licensee, and that Licensee shall use and occupy the Premises on ’s own examination thereof, AND THAT Licensee IS UTILIZING AND MANAGING THE PROPERTY IN “AS-IS” PHYSICAL CONDITION AND “AS-IS“ STATE OF REPAIR.

12.a
Packet Pg. 479 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 11 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building

2.12.5 Licensee does hereby waive and the County does hereby disclaim all warranties of any type or kind of description but not limitation, those of fitness for particular purpose, tenantability, habitability and use. Licensee hereby expressly waives any and all claims for damages or for rescission or cancellation of this Agreement because of any representations made by the County or by any agent of the County.

2.13 RENTAL RATES, FEES AND CHARGES IMPOSED ON THIRD PARTIES. Licensee’s initial schedule of rates, fees and charges is attached to this Lease entitled “Rental Rates” attached hereto and incorporated herein as Exhibit F. Any future requests to change in rates, fees and charges must be presented to and approved by the County Director of Public Infrastructure prior to implementation of the change by Licensee. In no event shall Licensee propose to change any rates, fees or charges more than once per calendar year. Any proposed change shall be submitted to County at the address set forth in Article X below and shall provide sufficient back-up documentation. All rates, fees and charges shall be applied to third parties consistently by Licensee without discrimination.

ARTICLE III

OPERATING AUTHORITY

3.1 LIMITATION. Licensee’s authority is expressly limited to the provisions provided herein, as amended in writing from time to time by County and Licensee.

3.2 CAPITAL EXPENDITURES. County shall be solely responsible for all capital improvements and expenditures.

3.3 PREVAILING WAGES

3.3.1 General. Except as provided in Labor Code Sections 1720.4 and 1771, Licensee shall pay to persons performing construction and repair work hereunder an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and County to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Agreement.

Licensee shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each site work is being performed. Licensee shall maintain copies of the prevailing wage rate of per diem wages which shall be made available to any person upon request.

3.3.2 Subcontracts. For any public work subject to prevailing wage law, Licensee shall insert in every subcontract or other arrangement which Licensee may make for

12.a
Packet Pg. 480 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 12 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building performance of such work or labor on work provided for in such agreement, the provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the Labor Code.

Pursuant to Labor Code Section 1775(b)(1), Licensee shall provide to each Subcontractor a copy of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

3.3.3 Compliance With Law. Licensee stipulates that it shall comply with all applicable wage and hour laws, including without limitation Labor Code Sections 1775, 1776, 1777.5 1813 and 1815 and California Code of Regulations, Title 8, Section 16000, et seq.

ARTICLE IV

COUNTY'S RIGHT TO AUDIT, CORRECTION OF AUDIT DISCREPANCIES,

AND ACCESS/INSPECTION

4.1 RIGHT TO AUDIT. County reserves the right for County's employees, or others appointed by County, to conduct examinations, upon reasonable notification, of the books and records maintained for County by Licensee. County also reserves the right to perform any and all additional audit tests relating to Licensee’s activities, either at the Premises or at any office of Licensee provided such audit tests are related to those activities performed by Licensee for County.

4.1.1 Correction of Audit Discrepancies. Should County's employees or appointees discover either weaknesses in internal controls or errors in record keeping, Licensee shall correct such discrepancies either upon discovery or within three (3) business days thereafter. Licensee shall inform County in writing of the action taken to correct such audit discrepancies. Any and all such audits conducted either by County's employees or appointees will be at the sole expense of County, unless an audit indicates fraud or gross neglect by Licensee, or in the case of an audit of the books and records, such audit reveals a five percent (5%) or greater discrepancy, in which event the expenses incurred in connection with such audit shall be paid entirely by Licensee. Licensee shall remedy any deficiencies discovered by audit.

4.2 COUNTY ACCESS/INSPECTION OF PROPERTY.

The County, acting through its County Administrator, Director of Public Infrastructure or other duly authorized representative, shall have the right, upon 24 hours’ notice, during the Term of this Agreement, to enter the Premises for the purpose of inspecting the Premises, performing any repairs or alterations to the Premises as the County shall deem necessary, and posting any notices required or permitted under law. Licensee shall not re-key or otherwise prevent the County from accessing any part of the Premises.

12.a
Packet Pg. 481 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 13 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building

ARTICLE V

BANK ACCOUNTS

5.1 OPERATING ACCOUNT. Licensee shall deposit all reservations, rents, fees, charges and other funds collected from the operation of the Premises, including any and all advance or operating funds in a bank designated by Licensee (the "Operating Account"). It is understood that the amounts deposited in Licensee’s bank are to be identified specifically as related to its operation of the Premises. Licensee shall pay the operating expenses of the Premises, and any other payments relative to the Premises in accordance with the terms of this Agreement.

5.2 SECURITY DEPOSITS. Licensee shall maintain and manage detailed records of all licensee security deposits, and such records will be open for inspection by County's employees or appointees. Licensee shall hold all deposits and shall refund such deposits in accordance with protocol established by County.

ARTICLE VI

PAYMENT OF EXPENSES

6.1 EXPENSES PAID BY LICENSEE. It is the intent of this Agreement that Licensee is to professionally operate the Premises and that all operating expenses described in Section 2.5 shall be paid directly by Licensee and not credited against expenses for purposes of payment of Percentage Rent under Section 8.2, including but not limited to, the following:
(a) Costs of salary and wages, payroll, taxes, insurance, workers' compensation, and other benefits of Licensee’s home office and executive personnel, and/or any other benefits payable to Licensee’s staff to perform City administrative obligations; (b) Costs of forms, papers, ledgers, and other supplies and equipment used in Licensee’s general accounting office; cost of Licensee’s electronic data processing equipment (or a pro-rata charge therefore) located at Licensee’s place of business office or general accounting office; and costs of electronic data processing equipment (or a prorata charge therefore) for data processing provided by computer service companies to Licensee’s home office or general accounting- office (notwithstanding the foregoing, any such equipment owned by County shall not be paid for by Licensee’s; and
(c) Costs of Licensee’s bookkeeping relating to the property.

6.2 EXPENSES PAID BY COUNTY. Expenses as described in Section 2.6 shall be paid directly by County.

12.a
Packet Pg. 482 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 14 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building

ARTICLE VII

INDEMNIFICATION AND INSURANCE

7.1 COUNTY LIABILITY AND PROPERTY INSURANCE. The Parties shall maintain insurance as described in Exhibit G, which is attached hereto and incorporated herein by this reference.

7.2 INDEMNIFICATION

7.2.1 Indemnity. Licensee shall indemnify, hold harmless and defend County, its agents and employees, from and against any and all actions, claims, damages, disabilities or expenses including, without limitation, attorneys' fees, witness costs and court costs that may be asserted by any person or entity, including Licensee, arising out of or in connection with any of the following circumstances:

7.2.1.1. Use of Premises. Use, licensing, rental of the Premises or operations at Premises, in any manner by Licensee, its agents, employees, invitees, subtenants, licensees and contractors, and the agents, employees, patrons, contractors and invitees of Licensee and sublicensees, including any use of the Premises not allowed under this Agreement.

7.2.1.2. Breach by Licensee. Any breach by Licensee of the terms, covenants or conditions herein contained.

7.2.1.3. Approval of License or Permit. Any action, claim, damage or expense arising out of the County's approval of this Agreement or any permit issued in connection with the construction of any improvements.

7.2.1.4. Other Activities. Any other activities of Licensee, its agents, employees and subtenants whether or not there is concurrent negligence on the part of the County, but excluding liability due to the sole active negligence or sole willful misconduct of County. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Licensee or its agents under workers' compensation acts, disability benefit acts or other employee benefit acts.

7.2.2 Exculpation of County. County, its officers, agents, and employees, shall not be liable to Licensee for any loss or damage to Licensee or Licensee’s property from any cause.

Licensee expressly waives all claims against County, its officers, agents, and employees, for injury or damage to person or Premises arising for any reason regardless of whether or not there is concurrent passive or active negligence of County, its officers, agents, and employees, unless such injury or damage is caused by or due to the sole negligence or willful misconduct of County, its officers, agents, and employees.

12.a
Packet Pg. 483 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 15 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building

7.3 MANAGER EMPLOYEE DISHONESTY INSURANCE. Licensee shall maintain Fidelity Employee Dishonesty insurance coverage in the amount of One Million Dollars ($1,000,000) and provide County, upon request, with satisfactory evidence thereof.

ARTICLE VIII

LICENSEE RETENTION AND REVENUE SHARING

8.1 LICENSEE RETENTION. On a monthly basis Licensee shall retain from the Operating Account (excluding refundable deposits) an amount that shall not exceed Three Thousand Dollars ($3,000). Such amount shall be used by Licensee to pay costs incurred to meet obligations described at Section 2.5 and Section 6.1. In the event rents, fees, charges and other funds collected from the operation of the Premises, as defined at Article V, for a month are less than $3,000, Licensee may retain such amounts from subsequent monthly funds collected. In no event shall the average of amounts retained exceed $3,000 per month.

8.2 PERCENTAGE RENT. [review] City Events and usage of the Premises shall be charged at facility rental rates in accordance with the Rental Rate Schedule attached as Exhibit F. After City reimburses itself for its out of pocket, direct maintenance, repairs, utilities and upkeep costs, County and City will each be entitled to a 50% share of net revenues derived from all rental uses of the Premises during the Term, regardless when said rents are received. With respect to classes offered at the Premises, and after first reimbursing itself for payment of instructor fees, City to retain 70% of attendance payments for classes conducted at the Premises and County shall be entitled to 30% of said fees, provided that City delivers to County an accounting of all classes, said instructor fees and attendance payments. City shall provide an accounting to County of all reservations, charges and remittances and all repairs, maintenance and janitorial costs from its operation of the Premises, and shall make said payment of rental revenue share and any class attendance payments share to County monthly and 30 days after end of the Term.

ARTICLE IX

TERMINATION

9.1 TERMINATION OF AGREEMENT. Notwithstanding the provisions of Article I to the contrary, this Agreement may be terminated and the obligations of County and Licensee hereunder shall thereupon cease, upon the occurrence of any of the following circumstances:
(a) Either party may terminate this Agreement without cause upon ninety (90) calendar days’ advance written notice to the other party. (b) The Board of Supervisors has the authority to terminate this Agreement on behalf of the County. In addition, County’s Director of Public Infrastructure, in consultation with County Counsel, shall have the authority to terminate this Agreement on behalf of the County.

12.a
Packet Pg. 484 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 16 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building (c) The Licensee’s City Manager or City Council shall have authority to terminate this Agreement on behalf of Licensee.
(d) If a petition for bankruptcy, reorganization, or rearrangement. is filed under state or federal insolvency statutes by or against Licensee, or Licensee shall make an assignment for the benefit of creditors or take advantage of any Insolvency act, County may terminate this Agreement upon ten (10) business days written notice to Licensee. (e) The occurrence of any of the following shall constitute a default by Licensee and in which event County may elect to terminate this Agreement upon fifteen (15) days written notice to Licensee:
(i) Licensee’s failure to perform any obligation under the Agreement if, for thirty (30) days after written notice of the failure from County and City fails to commence in good faith to perform such obligation; (ii) Licensee’s failure to perform its obligation of maintenance and repairs consistent with the terms of Maintenance Responsibilities Matrix as set forth in Exhibit E;
(iii) Licensee’s abandonment of the Premises; and
(iv) Licensee’s failure to use, rent or otherwise program the buildings for public use for 60 days or more, except if due to County’s use of the Building during Emergency Event(s).
(f) On termination, County may recover from Licensee all of the following, in addition to any other right or remedy under law or in equity: recovery of Costs to restore the site to the condition equivalent to or better than that which existed prior to Licensee’s commencement of the Term, except for any County-approved alterations or improvements. (g) Licensee may terminate if County elects not to repair or replace any structural element of the Property or any major building system after failure thereof, upon fifteen (15) days written notice to County.

9.2 OBLIGATIONS UPON TERMINATION. Upon termination of this Agreement, for whatever reason, County and Licensee shall promptly pay to the other, as soon as the same is determinable after the effective date of termination, all amounts due under the terms of this Agreement, and upon such payment neither County nor Licensee shall have any further claim or right against the other, except as expressly provided hereinafter.

Upon termination for whatever reason, Licensee shall, not later than the effective date of termination, deliver to County the original of all books, permits, plans, records, leases, licenses, contracts, and other documents pertaining to the Premises and its operation; all insurance policies, bills of sale, or other documents evidencing title or rights of County; and any and all other records or documents, whether or not enumerated herein, which are necessary or

12.a
Packet Pg. 485 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 17 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building desirable for the ownership and operation of the Premises. Licensee shall assign to County or parties designated by County unexpired service and supply contracts and all executory agreements, and all deposits collected for current and future rental use of the Premises. Licensee shall provide a written ledger of all deposits collected for all existing, current and future rentals.

All personal property of County, whether on the Premises or elsewhere, shall be delivered intact to County or its representative. The Operating Account provided for in Section 5.1 shall be liquidated and closed or transferred as directed by County. The Parties further agree to do all other things reasonably necessary to cause an orderly transition of the operation of the Premises without detriment to the rights of either party or to the continued operation of the Premises.

Licensee shall surrender the Premises in good condition and repair and generally in the same condition as at commencement of the Term, unless alterations or improvements were made by Licensee with County’s approval.

ARTICLE X

MISCELLANEOUS PROVISIONS

10.1 NOTICES. All notices (including requests, demands, approvals, or other communications) under this Agreement shall be in writing.

10.1.1 Method of Delivery. Notice shall be sufficiently given for all purposes as follows:
(a) When personally delivered to the recipient, notice is effective on delivery.
(b) When mailed by certified mail with return receipt requested, notice is effective on receipt if delivery is confirmed by a return receipt. (c) When delivered by overnight delivery with charges prepaid or charged to the sender’s account, notice is effective on delivery if delivery is confirmed by the delivery service.
(d) When sent by electronic mail to the last electronic mail address of the recipient known to the party giving notice, notice is effective on receipt as long as (1) a duplicate copy of the notice is promptly given by certified mail, return receipt requested, or by overnight delivery or (2) the receiving party delivers a written confirmation of receipt. Subject to the foregoing requirements, any notice given by fax or electronic shall be considered to have been received on the next business day if it is received after 5 p.m. (recipient’s time) or on a nonbusiness day.

10.1.2 Refused, Unclaimed, or Undeliverable Notices. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be considered to be effective as of the first date that the

12.a
Packet Pg. 486 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 18 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building notice was refused, unclaimed, or considered undeliverable by the postal authorities, messenger, or overnight delivery service.

10.1.3 Addresses. Addresses for purposes of giving notice are set forth below:

COUNTY: County of Sonoma
Sonoma County Public Infrastructure
Attn: Real Estate Manager
2300 County Center Drive, Suite A220
Santa Rosa, CA 95403
[email protected]
LICENSEE:

City of Cotati
Attn: City Manager
201 W Sierra Ave., Cotati, CA 94931
Ph: 707.665.3622
[email protected]
Either party may at any time change its address for notices by giving written notice of such change to the other party in the manner provided in this paragraph.

10.2 CAPTIONS. The captions of the various articles and sections of this Agreement are for convenience and ease of reference only and do not define, limit, augment or describe the scope, content, or intent of this Agreement or of any part or parts of this Agreement.

10.3 GENDER. The neuter gender includes the feminine and masculine, the masculine includes the feminine and neuter, and the feminine includes the neuter, and each includes corporation, partnership or other legal entity when the context so requires.

10.4 SINGULAR AND PLURAL. The singular number includes the plural wherever the context so requires.

10.5 EXHIBITS, ADDENDA. All exhibits and addenda to which reference is made in this Agreement are incorporated in this Agreement by the respective references to them, whether or not they are actually attached, provided that they have been signed or initialed by the Parties. Reference to the "Agreement" includes matters incorporated by reference.

10.6 MERGER. This Agreement is intended both as the final expression of the Agreement between the Parties hereto with respect to the included terms, and as a complete and exclusive statement of the terms of the Agreement, pursuant to California Code of Civil

12.a
Packet Pg. 487 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 19 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building Procedure Section 1856. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both Parties. No promise, representation, warranty or covenant not included in this Agreement has been or is relied on by either party.

Each party has relied on its own examination of this Agreement, the counsel of its own advisors, and the warranties, representations, and covenants in the Agreement itself. This Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. The failure or refusal of either party to inspect the Premises, to read the Agreement or other documents, or to obtain legal or other advice relevant to this transaction, constitutes a waiver of any objection, contention or claim that might have been based on such reading, inspection or advice.

10.7 ASSIGNMENT, SUCCESSORS. Licensee shall not assign or transfer its interests in the Premises or the Agreement, whether voluntary or involuntary, without County prior written consent which may be granted, conditioned or withheld in County’s sole discretion.

Failure of Licensee to first obtain such consent shall be deemed a default and such assignment or transfer shall be deemed void. Subject to the provisions of this Agreement on assignment and subletting, including County’ prior written approval of any assignment, which may be granted, withheld or conditioned in County’s sole discretion, each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the heirs, successors, executors, administrators, assigns and personal representatives of the respective Parties.

10.8 BROKER'S COMMISSIONS, EXPENSES. Licensee and County mutually covenant that no brokers or finders have been or will be used with respect to this Agreement. In the event any broker or finder perfects a claim for a commission or finder's fee based upon any such contract, dealings or communication, the party through whom the broker or finder makes a successful claim shall be responsible for said commission or fee and all costs and any expenses (including reasonable attorneys' fees) incurred by the other party in defending against the same.

10.9 APPLICABLE LAW AND FORUM. This Agreement shall be construed and interpreted according to California law, regardless of the law of conflicts in any jurisdiction, and any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma.

10.10 COVENANTS AND CONDITIONS. All provisions of this Agreement whether covenants or conditions, on the part of Licensee shall be deemed to be both covenants and conditions and such covenants shall survive termination.

10.11 CORPORATE AUTHORITY. Licensee shall deliver to County upon execution of this Agreement, a certified copy of a resolution of its city council authorizing the execution of this Agreement on behalf of Licensee by CITY OF COTATI.

10.12 TIME OF ESSENCE. Time is and shall be of the essence of this Agreement and of each and every provision contained in this Agreement.

12.a
Packet Pg. 488 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) 20 Revised Final Version 06.16.23 License Agreement - Cotati Vets Building

10.13 NO DISCRIMINATION. Licensee shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination because of race, color, ancestry, national origin, religion, sex, sexual orientation, marital status, age, medical condition, pregnancy, disability, including without limitation, the County’s Non-Discrimination Policy.

10.14 AIDS DISCRIMINATION. Licensee has reviewed the provisions of Article II of Chapter 19 of the Sonoma County Code, prohibiting discrimination in housing, employment and services because of AIDS or HIV infection. Licensee agrees to comply with such provisions during the term of this Agreement.

10.15 NO THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the Parties do not intend to create any rights in third parties.

10.16 CONSTRUCTION OF AGREEMENT; SEVERABILITY. To the extent allowed by law, the terms, covenants, conditions, provisions and Agreements in this Agreement shall be construed and given effect in a manner that avoids any violation of statute, regulation or law.

County and Licensee covenant and agree that in the event any term, covenant, condition, provision or Agreement in this Agreement is held to be invalid or void by court of competent jurisdiction, the invalidity of any such term, covenant condition, provision or Agreement shall in no way affect any other term covenant, condition provision or Agreement in this Agreement.

10.17 RELATIONSHIP. The Parties intend by this Agreement to establish the relationship of owner and licensee only, and do not intend to create a partnership, joint venture, joint enterprise, or any business relationship other than that of owner and licensee.

10.18 ATTORNEYS’ FEES. If either party undertakes litigation or arbitration against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney fees, arbitration costs, and court costs incurred. The prevailing party shall be determined under Civil Code Section 1717(b)(1) or any successor statute.

10.19 AMENDMENT. This Agreement may be modified or amended only by writing duly authorized and executed by both Licensee and County. It may not be amended or modified by oral agreements or understanding between the Parties unless the same shall be reduced to writing, duly authorized and executed by both Licensee and County.

LICENSEE HAS CAREFULLY READ AND CONSIDERED THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND HEREBY AGREES THAT Licensee SHALL BE BOUND BY ALL SAID TERMS AND CONDITIONS.

12.a
Packet Pg. 489 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the Effective Date.

CITY: CITY OF COTATI, a municipal corporation
By:__________________________
City Manager

COUNTY: COUNTY OF SONOMA, a political
subdivision of the State of California
By:

Director of Public Infrastructure
APPROVED AS TO SUBSTANCE FOR COUNTY:

Real Estate Manager

12.a
Packet Pg. 490 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Exhibit A
Premises Description

COTATI VETERANS MEMORIAL BUILDING
8505 PARK AVENUE

COTATI , CALIFORNIA

12.a
Packet Pg. 491 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Exhibit B-1
Approved Uses
List of Approved City Uses of the Veterans Building

1. Recreation Programs – Possible options include but are not limited to: exercise classes, art classes, workshops, theatre programs, dance classes, summer and school year camps, senior classes, teen classes, martial arts classes, etc.

2. City Meetings/Events – Possible options include but are not limited to: staff trainings, staff luncheons, public workshops or meetings, etc.

3. Recreation Events – Possible options include but are not limited to: Breakfast with Santa, Bunny Brunch, Community Theatre performances, Talent Show, Dances, Bingo Nights, etc.

4. Public Events – weddings, rehearsals, birthday/holiday parties, showers, memorials, celebrations, performing arts, meetings, conferences, retreats, and similar events.

This list is intended to be representative of the uses the City is approved to make of the Veterans Building, and not necessarily an exclusive list. Other uses which are consistent with, have a similar intensity of use as compared to 1-4 above and are safe, sanitary, secure, do not exceed occupancy limits and are lawfully permitted may also permitted after confirmation with the County.

12.a
Packet Pg. 492 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Exhibit B-2
Veterans Uses and Charges Policy
& Other County Reserved Uses
CITY OF COTATI acknowledges that the Premises is a dedicated Veterans Memorial facility owned by the County of Sonoma. As such, certain legal and policy requirements apply to the Premises, including pertaining to facility usage terms for veterans associations and veterans services organizations. CITY OF COTATI shall ensure that its operation and maintenance of the Premises, including with regard to facility scheduling and collection of usage and equipment fees, complies with, and shall not cause County to be out of compliance with, all applicable laws, regulations, and policies, including the California Military and Veterans Code (Section 1260 et seq.) and County’s Veterans Building Usage Fee Policy (dated September 2018) (as may be amended from time to time).

VETERANS MEETINGS, RESTRICTED SOCIAL EVENTS, MEMORIAL SERVICES AND FINANCIAL

CHARGES POLICY

1. COMPLIANCE WITH MILITARY AND VETERAN’S CODE
Pursuant to the California Military and Veteran’s Code, Veterans’ associations as defined in such Code shall be permitted to utilize the Premises without charge as required by law. a. Scheduling; List of Standing Events.

A schedule of events planned for use of the Cotati Veterans building shall be prepared annually by the respective Veterans’ associations and/or their representative(s), and furnished to CITY OF COTATI not later than a date established by the parties. Established scheduled dates for calendar year 2023 are provided in the Table below. In the event a change to an existing reservation(s) is/are required, or additional reservation(s) are desired or become necessary, CITY OF COTATI shall accommodate the request as required by County’s Veterans Building Usage Policy.

If a dispute arises between CITY OF COTATI and a Veterans’ association or its representative regarding the scheduling of meeting dates, social gatherings or commemoration ceremonies/memorial services, and such dispute is not resolved in a manner satisfactory to both, such dispute shall be brought to the County General Services Director or his/her designee for resolution.

12.a
Packet Pg. 493 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution)

COTATI VETERANS MEMORIAL BUILDING

VETERANS ORGANIZATIONS MEETINGS
Special Events
[TBD] Veterans Dinner ___ , 2023
[TBD] Memorial Day May ___, 2023
[TBD] Veterans Lunch December ___ , 2023

2. NON-RESTRICTED VETERANS EVENTS
a. Events Open To The General Public-Without Charge
For events open to the general public, where no charge is collected, the sponsoring Veterans’ association may use the facilities without a usage/rental charge if and to the extent consistent with County policy. The sponsoring Veterans’ association must execute a reservation form and License Agreement with CITY and provide Proof of Insurance pursuant to the License Agreement and CITY policy. Booking procedure shall be the same as used for the general public for booking the space for the event, but no deposit shall be required.

CITY OF COTATI to use its discretion to determine whether an extra cleaning fee may be appropriate in connection with said use and if so determined, notify the association in advance of the event and send an invoice to the renter/association to seek reimbursement for said extra cleaning. In the event of any damage, CITY OF COTATI shall send invoice and supporting documentation to the renter/association and seek reimbursement for said damage.
b. Events Open To The General Public-With Charge
Events open to the general public, where a charge is collected, the sponsoring Veterans’ association shall be required to pay the established charge for the event/activity; shall follow the same procedure as the general public for booking the space for the event; and shall be required to remit a deposit at the time of booking; and full payment 30 days prior to the event. The sponsoring

GROUP ROOM DATE TIME
Veterans of Foreign War
Post #3227 (possibly
joined by American
Legion Post #338)
Memorial 2
nd Saturday 11am–
2:00pm

12.a
Packet Pg. 494 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Veterans’ association must execute a reservation form and License Agreement and provide Proof of Insurance pursuant to the rental agreement and policy. c. Alcohol License Requirement
For all events sponsored by a Veterans’ association and open to the general public, if alcohol is to be served, all Alcoholic Beverage Control requirements must be met, including meeting any requirements for an ABC One-Day Special Events License.

3. ELIGIBILITY FOR NON-FEE USAGE OF VETERAN’S BUILDINGS The County reserves the right to determine under this Agreement whether any Veterans’ association entity or use qualifies for certain privileges, including no-charge events, pursuant to the California Military and Veterans Code, and, pursuant to such Code, to determine under what condition any Veterans’ association should be allowed to use the Premises. CITY OF COTATI agrees to comply with any such determination.

4. PRIMARY CONTACT PERSON(S) FOR VETERANS ORGANIZATIONS Each Veterans Building has a Board of Supervisors-appointed individual who represents specific buildings with regard to the Sonoma County Veteran Advisory Committee. The appointed Advisory Committee representative for the Cotati Veterans Building shall be the primary contact for CITY OF COTATI's Staff, regarding general issues involving the use of the building by the respective Veterans’ associations.

5. COORDINATION WITH VETERAN’S GROUPS
CITY OF COTATI shall coordinate with the Veterans’ associations through the Advisory Committee representative, as often as deemed necessary, to maintain effective working relationships and advance scheduling regarding Veteran’s uses of the Premises. In October of each year, CITY OF COTATI shall confer with the representative of said Committee to coordinate and confirm the reservations for the following calendar year, and to schedule any new meetings or social events requested by the associations. Following the submissions by any other Building liaison contacts for the Veterans’ associations, as applicable, CITY OF COTATI, in conjunction with the Advisory Committee Member, shall review the submission for conflicts and, where no conflict exists, shall cause to be sent a new contract/reservations for the following year (January-December).

If, during such annual scheduling, the Veterans’ association requests a reservation date that has been previously committed to a paying customer, CITY OF COTATI shall work with both

12.a
Packet Pg. 495 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) the paying client, the Veterans' association Building Liaison contact and/or the Advisory Committee Member, as appropriate, to develop an acceptable solution to the conflict, and an alternate date for either the paying client or the Veterans’ association. If an acceptable solution cannot be achieved, CITY OF COTATI shall present the conflict to the County General Services Director or his designee for resolution.

Throughout the succeeding year, Veterans’ associations may add meetings, additional social events, and/or operational activities, provided space is available on the date(s) requested. If conflicts occur, resolution thereof shall follow the procedures previously outlined above.

6. ROOM SET-UP / TAKE-DOWN AND RELATED ACTIVITIES
CITY OF COTATI shall be responsible for the appearance and functionality of any and all venues requested by the Veterans organizations, to include pre-event cleaning, configuration, post-event return of venue to pre-event configuration, and facility security. Upon conclusion of events in the space used by Veterans organizations, CITY OF COTATI shall return the space to previously agreed to configuration for Veterans organizations. As an exception to this requirement, Cotati Veterans’ associations will continue to perform the aforementioned tasks for the Cotati buildings for the Veterans uses described above until further notice.

7. BUILDING SECURITY / ACCESS
CITY OF COTATI shall be responsible for overall security of the Veterans building and Premises, to include post-event security each evening. The Veterans building shall be rekeyed at CITY of COTATI’s cost prior to CITY OF COTATI assuming responsibility at the Premises. CITY OF COTATI shall work with the Veterans Advisory Member in the development of a key-issuance policy for Veterans’ associations and their representatives.

Any disputes shall be brought to the General Services Director or his/her designee for resolution.

8. INTERNAL STORAGE/LOCKERS
CITY OF COTATI shall work with the County and the Veterans Advisory Member to develop an equitable locker space assignment policy that optimizes available storage space and the identification and/or development of additional storage space as determined feasible. If a dispute arises regarding development of such policy, the matter shall be referred to the County’s Director of Public Infrastructure, or his/her designee, for final resolution.

9. MEMORABILIA
All memorabilia belonging to Veterans’ association currently in a Veterans building shall remain in its current location, unless otherwise agreed to by the owning Veterans’

12.a
Packet Pg. 496 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) association, in coordination with the Veterans Advisory Member representing the building.

CITY OF COTATI shall seek approval of the Advisory Committee or other Building liaison with any applicable Veteran’s organization, for the respective building for placement of new memorabilia. County shall be informed in writing of any agreed-upon change in placement of memorabilia.

10. COMMEMORATION CEREMONIES/FUNERALS/MEMORIAL SERVICES The requirement for a venue in which to conduct a commemoration ceremony/funeral/ memorial service cannot be anticipated nor pre-scheduled. Such services fall into two categories: 1) decedent passed away locally and some flexibility exists when planning final services, and 2) the decedent is a casualty which occurred out of the local area, i.e., a combat casualty overseas or a casualty stationed at some distant military reservation, when services must be planned around the anticipated arrival date of the remains, availability of Honor Guard, etc. CITY OF COTATI shall work closely with the Veterans’ association and the Advisory Committee Member when booking a memorial service for a Veteran. CITY OF COTATI shall coordinate with a family member, representative of Veterans’ association of which the deceased was a member, the Advisory Committee Member and the Funeral Director, as appropriate. If the deceased was not associated with a specific Veterans’ association, CITY OF COTATI will work with the appropriate Advisory Committee Member representing the building. CITY OF COTATI shall assist in scheduling the building at the most appropriate available period, and insure availability of staffing for set-up and break down. A reservation form only is to be used and a License Agreement shall not be required. The use of the Premises for the commemoration ceremony/funeral or memorial service shall be at no charge. If alcohol is to be served without charge, proof of insurance must be provided by a responsible party and CITY shall ensure any required liquor license is obtained before the event. Veterans’ associations or other veteran’s representatives are not required to give 30- day notice for commemoration ceremonies/funeral or memorial services.

11. OTHER SCHEDULED PUBLIC/NONPROFIT EVENTS
CITY OF COTATI acknowledges that the following events listed on Attachment A shall also be permitted and the event organizers for said events shall be allowed to utilize the Premises without charge for such scheduled meetings and events which are deemed beneficial and in the public interest.

12.a
Packet Pg. 497 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Attachment A
Other County Reserved Uses
COTATI BUILDING Regular Annual
So. Co. Public Works/Integrated Waste Community Toxics Collections √ Sonoma County Election Department Training Classes & Polling, Voting, election drop box.
√
Sonoma County Public Infrastructure
or other county department
Public Meetings √

12.a
Packet Pg. 498 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Exhibit C

SUBLICENSE AGREEMENT CONDITIONS AND REQUIREMENTS

FOR USE OF VETERANS MEMORIAL BUILDING

1. AUTHORITY. City of Cotati (“City” or “Licensee”) manages use of the Veteran’s Memorial Building located in the City of Cotati, California pursuant to a License Agreement with the owner of the Building, the County of Sonoma (“County”). Pursuant to the License Agreement, Licensee is authorized to execute sublicense agreements with persons and entities interested in using the Building. This sublicense agreement (“Agreement”) is entered into by Licensee and ____________________________ (“Sublicensee”) pursuant to this authority.

2. AGREEMENT SUBJECT TO LICENSE AGREEMENT. This Agreement is subject to all requirements of the License Agreement between Licensee and County or any successors thereto, including but not limited to the Reservations to County provisions in said License Agreement. County reserves the right to use all or a portion of the Building in the event of emergency or major disaster such as flood, earthquake or pandemic health emergency. Under disaster operations, it may be necessary to cancel all, or a portion of, scheduled activities during the period(s) immediately preceding the onset of a disaster, during a disaster, and the recovery period after the disaster.

3. PAYMENT. Sublicensee shall pay Licensee for the use of the Building facilities as specified in the reservation documents detailing Sublicensee’s planned use. Checks shall be made payable to City of Cotati. All payments are due 30 days in advance of event.

4. DEPOSIT REFUND. Sublicensee agrees that the deposit, if any be required, made upon execution by Licensee of this Agreement shall not be refundable for any reason unless Licensee, in its absolute discretion, determines such a refund in whole or in part, to be warranted.

5. NON LIABILITY OF Licensee OR COUNTY. Licensee or County, their officers, agents, and employees, shall not be liable to Licensee for any loss or damage to Sublicensee or Sublicensee's property from any cause. Sublicensee expressly waives all claims against Licensee and the County, their officers, agents, and employees, unless such injury or damage is cause by or due to the sole negligence or willful misconduct of Licensee or County, their officers, agents, and employees.

6. INDEMNIFICATION. Sublicensee agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release Licensee and County, their agents and employees, from and against any and all actions, claims, damages, liabilities or expenses that may be asserted by any person or entity, including Sublicensee, arising out of or in connection with the actions or inactions or performance of Sublicensee or its agents, employees, contractors, subcontractors or invitees hereunder, whether or not there is concurrent negligence on the part of Licensee or the County, but excluding liability due to the sole active negligence or sole willful misconduct of Licensee or the County. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Licensee or its agents under workers' compensation acts, disability benefit acts, or other employee benefit acts.

7. TRANSFER OF MANAGEMENT OF FACILITIES. Should County transfer the operation and management of the facilities covered by this Agreement to an entity other than Licensee during the term of this Agreement, this Agreement shall remain in full force after any such transfer.

8. INSURANCE. At all times during the life of this Agreement the Sublicensee shall maintain at its own expense the insurance specified below:
a) Workers' compensation and Employers Liability Insurance:

1. Required if Sublicensee has employees.

2. Workers’ Compensation insurance with statutory limits as required by the Labor Code of the State of California.

3. Employers’ Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.

4. Required Evidence of Coverage:
i. Certificate of Insurance.

If Sublicensee currently has no employees, Sublicensee agrees to obtain the above-specified Workers’ Compensation and Employers’ Liability insurance should any employees be engaged during the term of this Agreement or any extensions of the term.
b) General Liability Insurance:

1. Commercial General Liability Insurance on a standard occurrence form, no less broad than ISO form CG 00 01.

2. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate.

3. Sublicensee shall disclose any deductible of self-insured retention in excess of $25,000 and such deductible or self – insured retention must be approved in advance by Sublicensee. Sublicensee is responsible for any deductible or self-insured retention.

4. Licensee and the County of Sonoma, their officers, agents, employees, shall be additional insureds for liability arising out of the Sublicensee’s ongoing operations. (ISO endorsement CG 20 26 or equivalent). The insurance provided to Licensee and County additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them.

5. The policy shall cover inter-insured suits between Licensee and/or County and Licensee and include a “separation of insureds” or “severability” clause which treats each insured separately.

6. Required Evidence of Coverage:
i. Copy of the additional insured endorsement or policy language granting additional insured status; and ii. Certificate of Insurance.
c) Liquor Liability Insurance: (for events with alcohol.)

1. Insurance may be in the name of Sublicensee or Sublicensee’s caterer.

2. Minimum Limits: $1,000,000 for each Common Cause or Occurrence: $1,000,000 Aggregate.

12.a
Packet Pg. 499 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution)

3. Sublicensee shall disclose any deductible or self-insured retention in excess of $25,000 and such deductible or self-insured retention must be approved in advance by Licensee. Sublicensee is responsible for any deductible or self-insured retention.

4. Required Evidence of Coverage:
i. Certificate of Insurance, which must be provided to Licensee thirty (30) days prior to event. d) Standards for Insurance Companies:

Insurers shall have an A.M. Best’s rating of at least A:VII. e) Documentation:

1. The Certificate of Insurance must include the following reference: Event Name:
____________________________________ Date: ________.

2. All required Evidence of Coverage shall be submitted to Licensee, City of Cotati, Attn: City Manager, 201 W. Sierra Ave., Cotati, CA 94931, Ph: 707.665.4222, [email protected], prior to the execution of this Agreement. Sublicensee agrees to maintain current Evidence of Coverage on file with Licensee for the required period of insurance.

3. The names and addresses for Additional Insured endorsements and Certificates of Insurance are: (a) the County of Sonoma, its officers, agents, employees, c/o County of Sonoma, Public Infrastructure Department, 2300 County Center Drive, Suite A200, Santa Rosa, CA 95403; (b) City of Cotati, Attn: City Manager, 201 W. Sierra Ave., Cotati, CA 94931,Ph:
707.665.4222, [email protected].

4. Required Evidence of Coverage shall be submitted for any renewal or replacement of a policy that already exists, at least ten (10) days before expiration or other termination of the existing policy.

5. Sublicensee shall provide immediate written notice if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased.

6. Upon written request, certified copies of required insurance policies must be provided within thirty (30) days. f) Policy Obligations:

Sublicensee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements. g) Material Breach:

If Sublicensee fails to maintain insurance coverage which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. Licensee may terminate this Agreement and obtain damages from Sublicensee resulting from said breach.

9. EVENTS WITH ALCOHOL. In addition to liquor liability insurance required pursuant to the above, for events with alcohol, Sublicensee must comply with the conditions attached hereto as Exhibit A.

10. EXPIRATION OF LICENSE. At the expiration of the time of use of the facilities herein above set forth, Sublicensee shall quit the facilities of the County and return to Licensee all equipment and facilities procured from Licensee, which premises, equipment, and the facilities shall be in as good condition and repair as before Sublicensee's use thereof except for ordinary wear and use. Sublicensee shall reimburse Licensee or County of Sonoma for any equipment or facility damaged during the use of said facility as specified herein.

11. COMPLIANCE WITH LAWS. Sublicensee, its agents, and employees shall comply with all rules and regulations prescribed by Licensee for the use and occupancy of the facilities of County, and with all applicable laws, ordinances and regulations adopted or established from time to time, by any governmental agency or department thereof. Sublicensee shall obtain and comply with all permits or licenses required by the laws, ordinances, and rules or regulations mentioned herein.

12. ASSIGNMENT. No assignment of this sub-license or any duty or interest hereunder shall be made by Sublicensee without the prior written consent of Licensee.

13. PROGRAM REQUIREMENT. Sublicensee shall file with Licensee at least thirty (30) days prior to holding the performance or function for which this sub-license is issued, a full and detailed outline of all activities required, all stage and equipment requirements, the hall and chair set-up and such other information as may be required by Licensee concerning such function. Sublicensee shall make an appointment to meet with Licensee staff at event location to review rental and set up requirements prior to performance or function.

14. SEATING CAPACITY. The seating capacity of each facility or portion thereof is on file with Licensee and incorporated herein by this reference. Sublicensee shall not sell or distribute, or permit to be sold or distributed, tickets or passes in excess of the seating capacity of the facility or facilities hereinabove described, nor admit thereto a larger number of persons than can safely and freely move about therein. The decision of Licensee and the Fire Marshall in this respect shall be final.

15. CONCESSION SALES. Licensee reserves the right to operate the parking lots, box office concessions, check rooms, and any food or beverage concession; provided, however, that Licensee may, in writing, authorize Sublicensee to operate any of the aforesaid upon such terms as Licensee may deem proper.

16. ACCESS. Licensee or County shall have the absolute right to enter the premises herein specified, or any portion thereof, at all times.

17. CONTROL. In renting the facility to the Sublicensee, it is understood Licensee and the County do not relinquish the right to control the management thereof, and to enforce all necessary laws, rules and regulations. The decision of Licensee’s representatives, as to required staffing, and the number of persons that can safely and freely move about in said licensed space, shall be final.

18. SECURITY. Sublicensee shall be required to provide and pay for _______ police and _______ private security personnel to be present for the safety of the public during use of the premises.

19. OBJECTIONABLE PERSONS. Licensee and County reserve the right to eject or cause to be ejected from the premises any objectionable person or persons; and neither Licensee nor County, nor any of their officers, agents or employees shall be liable to Sublicensee for any damages that may be sustained by Sublicensee through the exercise of such right.

20. BROADCASTING. No events or portions of events shall be taped, broadcast or televised without the prior written consent of County.

21. STORAGE. In the receipt, handling, care or custody of property of any kind shipped or otherwise delivered to the premises or stored on such premises either prior to, during or subsequent to the use of the facilities by Sublicensee, County and its officers, agents and employees shall act solely for the accommodation of Sublicensee; and neither County, its officers, agents nor employees shall be liable for any loss, damage or injury to such property.

22. OBSTRUCTIONS. No portions of the sidewalks, entries, passages, vestibules, halls or way of access to public utilities of the premises shall be obstructed, or caused to be obstructed, by Sublicensee or caused or permitted to be used for any purpose other than ingress or egress to and from the facilities. The doors, skylights, stairways or openings that reflect or admit light into any portion of the building, including hallways, passageways, also radiators and house lighting attachments, shall in no way be obstructed by Sublicensee.

12.a
Packet Pg. 500 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution)

23. LIABILITY FOR LOSS OR DAMAGE TO COUNTY PROPERTY. Sublicensee shall be liable to County for any loss or damage to the premises arising from or in connection with Sublicensee’s performance hereunder or any of its officers, agents, and employees.

24. FLAMMABLE MATERIALS. No flammable materials such as bunting, tissue paper, etc., shall be used for decorations; and all materials used for decorative purposes must be treated with flame-proofing and approved by the local Fire Department. No fireworks, open flame, nor device prohibited by local police or fire jurisdictions shall be permitted.

25. DEFAULT. Should the Sublicensee default in the performance of any of the terms and conditions of this License, the Licensee, at his/her option, may in addition to other legal remedies available immediately terminate this License. In such event, Sublicensee shall be liable for the full amount of the rent provided for herein, less rent charges received from others for use of the premises at the time, or times, specified in this License. Any deposit made by Sublicensee to Licensee shall be retained by Licensee and considered liquidated damages.

26. COUNTY IS THIRD PARTY BENEFICIARY. County is a third party beneficiary of this Agreement and may enforce or implement its terms as specified herein. There are no other third party beneficiaries.

27. CONTRACT ADDITIONS. Additional provisions or modifications may be attached to this Agreement and, when signed, shall be binding on the parties.

28. CANCELLATION BY LICENSEE OR COUNTY. In addition to the right to terminate this Agreement upon Sublicensee's default, Licensee or County shall have the right to terminate part or all of this Agreement at any time, in the following circumstances:
a) Upon thirty (30) days' written notice,
b) Immediately without notice if the County Board of Supervisors, the County Emergency Services Director, County Administrative Officer, Licensee or other local, state or federal official determines that the facility is required for public necessity or emergency use,
c) Immediately without notice if the facility is destroyed or damaged or should a strike occur.

Neither Licensee nor County nor any of their officers, agents or employees shall be liable to Sublicensee for any damages that may be sustained by Sublicensee through exercise by Licensee or County of any of their rights to cancellation pursuant to this section.

Upon cancellation by Licensee or County, any deposit made by Sublicensee may be refunded at Licensee’s or County's discretion.

29. CANCELLATION BY SUBLICENSEE. Sublicensee is liable for the following amounts in the event of cancellation by Sublicensee: a) If the event is cancelled 90 days or more from the date held, 50% of the deposit shall be retained by Licensee; b) if the event is cancelled between 30-90 days of the date held, the entire deposit shall be retained by Licensee; c) if the event is cancelled between 15-30 days of the date held, Sublicensee shall forfeit 50% of the Rental Fee; d) if the event is cancelled within 15 days of the date held, Sublicensee shall forfeit 100% of the Rental Fee.

30. NONDISCRIMINATION. Sublicensee shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination because of race, color, ancestry, national origin, religion, gender, marital status, age, medical condition, handicap or sexual orientation.

31. NOTE: CHEWING GUM, GLITTER, CANDLES, AND SHOES ON THE WALL(S) ARE NOT PERMITTED IN THE FACILITIES AT ANY TIME.

32. CHANGES. Any changes to the reservation must be made 30 days prior to the event.

33. ALL PAPERWORK, INCLUDING PROOF OF INSURANCE, IS DUE 30 DAYS PRIOR TO THE EVENT.

SIGN AND RETURN THIS LICENSE AGREEMENT AND ONE COPY OF RESERVATION.

Sublicensee Date
Approved and agreed to:

City of Cotati Date
Its : __________________________
Exhibit A
Conditions of Alcoholic Beverage Service
The following prerequisites and requirements apply to the service of alcoholic beverages at all events held on the Premises.

A. PUBLIC EVENTS
Public events are those events at which the general public is invited to attend, which require a fee for general attendance, or which sell food or alcoholic beverages for a fee or donation. Public events shall comply with all alcoholic beverage service requirements mandated by the State Department of Alcoholic Beverage Control and local law enforcement. Alcohol may not be otherwise served or consumed. Public events shall also comply with all requirements set forth in subsection C, below.

B. PRIVATE EVENTS
Private events are those events at which attendance is by invitation only, and that do not require a fee for attendance nor for the service of food or alcohol. All private events at which attendance is 100 or more persons shall be required to engage a licensed caterer to serve alcoholic

12.a
Packet Pg. 501 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) beverages. Alcohol may not be otherwise served or consumed. As a condition to serving alcoholic beverages at such functions, the requirements set forth below and in subsection C must be satisfied in full:

1. The licensed caterer engaged to serve alcoholic beverages must submit the following information prior to the private event:
· Copy of current catering license
· Copy of Alcoholic Beverage Control authorization
· Copy of current insurance certificate
· Number of bartenders at event
· Hours the bar will be open (maximum 5 hours)

2. All alcoholic beverages shall be brought into the facility prior to start of the event, shall be stored securely at a common bar prior to service, and shall be served only from a common bar.

3. No service containers (bottles, aluminum cans, or pitchers) of alcohol shall be allowed on the tables, but shall remain at the common bar for service.

C. REQUIREMENTS APPLICABLE TO ALL PUBLIC AND PRIVATE EVENTS The following additional requirements shall apply to the service of alcoholic beverages at both public and private events as well as private events with less than 100 attendees.

1. Alcoholic beverage service shall terminate one (1) hour before the scheduled end of the event, unless the event is three (3) hours or less.

2. No alcohol shall be allowed outside the area identified by Sublicensee for the event. No alcohol shall be allowed in the parking lot unless the event is specific to the parking lot and alcohol is served and consumed in a designated area. California State Law prohibits the sale or service of alcoholic beverages to persons under 21 years of age. If minors are in possession of alcohol, the event will be closed immediately. Persons serving alcohol to minors during events held in Veterans Memorial Buildings are solely responsible for any criminal or civil penalties imposed.

The City also reserves the right to close events in the case of minors being served alcohol, public drunkenness, concern for the safety of event participants, or related damage to the Veterans Memorial facilities.

3. Sublicensee shall provide Liquor liability Insurance for its own events with alcohol. The insurance may be in the name of the Sublicensee’s caterer.
• Minimum Limits: $1,000,000 for each Common Cause or Occurrence; 1,000,000 Aggregate. • Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by County.
• Required Evidence of Insurance: Certificate of Insurance • Required documentation shall be provided to the City of Cotati.

12.a
Packet Pg. 502 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Exhibit D
Alcoholic Beverage Service
County provides the following recommended guidance concerning the service of alcoholic beverages at the Premises. The City is obligated to make itself familiar with and follow all federal, state and local requirements and policies regarding the service of alcoholic beverages at all events held on the Premises. Service of alcohol at any event is subject to County consent and the provision of insurance as set forth herein.

A. PUBLIC EVENTS
Public events are those events at which the general public is invited to attend, which require a charge for general attendance, or which sell food or alcoholic beverages for a charge or donation. Public events shall comply with all alcoholic beverage service requirements mandated by the State Department of Alcoholic Beverage Control and local law enforcement. Alcohol may not be otherwise served or consumed. Public events shall also comply with all requirements set forth in subsection C, below.

B. PRIVATE EVENTS
Private events are those events at which attendance is by invitation only, and that do not require a charge for attendance nor for the service of food or alcohol. All private events at which attendance is 100 or more persons shall be required to engage a licensed caterer to serve alcoholic beverages.

Alcohol may not be otherwise served or consumed. As a condition to serving alcoholic beverages at such functions, the requirements set forth below and in subsection C must be satisfied in full:

2. All alcoholic beverages shall be brought into the facility prior to start of the event, shall be stored securely at a common bar prior to service, and shall be served only from a common bar.

3. No service containers (bottles, aluminum cans, or pitchers) of alcohol shall be allowed on the tables, but shall remain at the common bar for service.

1. Alcoholic beverage service shall terminate one (1) hour before the scheduled end of the event, unless the event is three (3) hours or less.

12.a
Packet Pg. 503 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution)

2. No alcohol shall be allowed outside the area identified by CITY OF COTATI for the event. No alcohol shall be allowed in the parking lot unless the event is specific to the parking lot and alcohol is served and consumed in a designated area. California State Law prohibits the sale or service of alcoholic beverages to persons under 21 years of age. If minors are in possession of alcohol, the event will be closed immediately. Persons serving alcohol to minors during events held in Veterans Memorial Buildings are solely responsible for any criminal or civil penalties imposed. The County also reserves the right to close events in the case of minors being served alcohol, public drunkenness, concern for the safety of event participants, or related damage to the Veterans Memorial facilities.

3. CITY OF COTATI shall provide Liquor liability Insurance for its own events with alcohol. The insurance may be in the name of the CITY OF COTATI’s caterer. • Minimum Limits: $1,000,000 for each Common Cause or Occurrence; 1,000,000 Aggregate. • Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by County. • Required Evidence of Insurance: Certificate of Insurance • Required documentation shall be provided to the General Services Department Director or his designee.

12.a
Packet Pg. 504 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Exhibit E

MAINTENANCE RESPONSIBILITES MATRIX

CITY OF COTATI COUNTY OF SONOMA
Obligations at City’s sole cost and expense Obligations at County’s its sole cost and expense and County Rights
1) Maintain and repair the Premises, the
Major Building Systems and all
improvements and alterations on the
Premises, in good and working order, subject
to the per repair and total Term cap
established in the Terms Sheet to which this
Matrix is attached.

The Major Building Systems are: the HVAC,
the electrical wiring system; the water/sewer
plumbing systems; and mechanical systems
1) Notwithstanding anything to the contrary
in this Matrix, County is not obligated to
make any repairs, replacement or renewals of
any kind, nature or description whatsoever to
the Premises or the Major Building Systems
therein, or to any improvements or
alterations now or hereafter located thereon.
2) Maintain and repair all air conditioning,
heating, ventilating, elevator, sprinkler,
plumbing, water, sewage, electrical, water
supply or steam system, and mechanical
equipment
2) County may at its election perform
maintenance and repair of the foundations
and bearing walls (excluding glass and
doors) of the Premises
3) Maintain and repair all landscaping,
planters, exterior seating and irrigation
systems; maintenance of exterior lighting;
trim and prune trees, bushes, hedges; cut
grass; remove weeds; water /irrigate
landscaping and vegetation as necessary
3) If and to the extent obligated in any
easements benefitting the Premises, County
to maintain and repair the unexposed
electrical, plumbing, and sewage systems
lying outside the Premises
4) Maintain and repair all exterior portions
of the Building including the roof, painting
and washing the exterior walls and windows
5) Maintain the Premises in a clean, tidy,
safe and sanitary condition. Keep Premises
uncluttered and promptly removing all
debris and waste material; conduct regular
rubbish removal
6) Clean and maintain parking lots and
sidewalks, steps, ramps adjacent to the
Building and public access to the Premises
7) Maintain and repair all floors, doors,

12.a
Packet Pg. 505 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) windows, and plate glass
8) Maintain and repair all restrooms,
plumbing, fixtures and hardware
9) Maintain, repair and replace all interior
walls, ceilings, surfaces and coverings
10) Maintain and repair all security and life
safety systems, and fire alarm equipment
11) Maintain and manage janitorial service
and supplies, restroom cleaning, mopping
and sweeping of the Premises
12) Maintain and repair kitchen appliances
and similar equipment*
13) Maintain and repair all staging and
working areas for classes, events or caterers
14) Maintain and repair all signs
15) Maintenance and replacement of
fluorescent and other lighting (e.g., light
bulbs, ballasts)
16) Coordinate with County on inspections 4) the right to enter the Premises upon 24 hrs notice for the purpose of inspecting the to
determine whether Premises is in good
condition and whether City is complying
with its obligations under the use agreement
17)Perform regular Pest Control by licensed
professional

*if replacement of appliances is required and
the cost therefor exceeds $2,000, City shall
contact County prior to causing said
replacement and seek written approval
before proceeding. County may in its sole
discretion grant or withhold its approval

12.a
Packet Pg. 506 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution)

EXHIBIT F
- 38 -

COTATI VETERANS BUILDING RENTAL RATES
Exhibit F
Schedule of Rates, Fees and Charges
Item: Rate: Notes:

Auditorium $75/hr
• Discount Mon-Thur (all
renters): 20% off
• Discount Mon-Sun (NON Profit
only*): add another 10% off
• Auditorium after 1:30 am:
$150/hr
*Nonprofit rate applicable to all City
organized/sponsored uses and other 501c3
nonprofit uses
Kitchen
$30/hr
rate for kitchen use only or add to
Auditorium or Memorial room use rate for
both nonprofit and private
Memorial
Room
$55/hr
• Discount Mon-Thur (all
renters): 20% off
• Discount Mon-Sun: (NON
Profit only*): add another 10%
off
*Nonprofit rate applicable to all City
organized/sponsored uses and other 501c3
nonprofit uses
Holiday Rate
Holiday rates are an additional 50% of
the base rent.

Holiday rates apply to New Year’s Day,
Martin Luther King Jr. Day, Lincoln’s
Birthday, President’s Day, Memorial Day,
Independence Day, Labor Day, Veterans
Day, Thanksgiving Day and the day after,
and Christmas Day.

Commercial Gross
Receipts Fee 10% of gross receipts or base rent,
whichever is larger, with max of
$1,200/day
In addition to fees above for room rate
rental for private/commercial events
Deposit -Auditorium
or Memorial Room $500 for large event with alcohol service; refundable after event with no damage or
extra cleaning
required

12.a
Packet Pg. 507 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution)

EXHIBIT F
- 39 -

COTATI VETERANS BUILDING RENTAL RATES
$200 for small event, no alcohol service
DepositMemorial
Room $225
refundable after event with no damage or
extra cleaning
required
Processing Fee $25
Optional charge for reservation processing;
consider waiving for nonprofits and City
organized/sponsored
Late Fee $50
Optional, for reservations made less than
30 days before the event date; or changed
less than 30_days before event date

12.a
Packet Pg. 508 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Cleaning Fee/Damage
Deposit
Up to $500
actual cost of contracted cleaners to
come in after event - estimated at up to
$150 for whole building and up to $100
for
Memorial room; Covid cleaning -$70
Room Set-up
With Chairs- Fees
Building Capacity is 329 for Assembly, and
200 seated. Memorial room, is 107
Assembly and seated 60.
1-100 guests $100
101-200 $200
Standing Room Only none
Alcohol
Service Fees
less than 250
people $100
Plus cost of any license to be paid by
renter
more than 250
people $200
Plus cost of any license to be paid by
renter
Cancellation Fees If customer cancels 90+ days before
event date, 50% of deposit will be
retained by the City.

If customer cancels 30-89 days before
event date, 100% of deposit will be
retained by the City.

If customer cancels 15-29 days before
event date, 50% of rental fee will be
retained by the City.

If customer cancels ˂15 days before
event date, 100% of rental fee will be
retained by the City.

Equipment
Rentals Varies
Based on fees set forth by Sonoma
County Board of Supervisors – available
upon request.

Timing for collection
of deposits/charges
City to cancel event if full payment not
received 30 days prior to event.

Full deposit due at booking.

Full rental fee due 30 days prior to event.

12.a
Packet Pg. 509 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Rate Changes County shall have the right to modify the
rates set forth above and increase the
same consistent with its practices at
other veteran’s buildings; and shall give
City reasonable prior written notice of
the same.

12.a
Packet Pg. 510 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Exhibit G
Insurance Requirements
City of Cotati as Licensee shall maintain and require its subcontractors and agents to maintain insurance as described below unless such insurance has been expressly waived by the attachment of a Waiver of Insurance Requirements.

County reserves the right to review any and all of the required insurance policies and/or endorsements, but has no obligation to do so. Failure to demand evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Licensee from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.

Workers Compensation and Employers Liability Insurance
a. Required if Licensee has employees.
b. Workers Compensation insurance with statutory limits as required by the Labor Code of the State of California.
c. Employers Liability with minimum limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy.
d. Required Evidence of Insurance: Certificate of Insurance.

If Licensee currently has no employees, Licensee agrees to obtain the abovespecified Workers Compensation and Employers Liability insurance should any employees be engaged during the term of this Agreement or any extensions of the term.

General Liability Insurance
a. Commercial General Liability Insurance on a standard occurrence form, no less broad than Insurance Services Office (ISO) form CG 00 01. b. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The required limits may be provided by a combination of General Liability Insurance and Commercial Excess or Commercial Umbrella Liability Insurance. If Licensee maintains higher limits than the specified minimum limits, County requires and shall be entitled to coverage for the higher limits maintained by Licensee.
c. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by County. Licensee is responsible for any deductible or selfinsured retention and shall fund it upon County’s written request, regardless of whether Licensee has a claim against the insurance or is named as a party in any action involving the County.
d. County of Sonoma, its Officers, Agents and Employees shall be endorsed as

12.a
Packet Pg. 511 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) additional insureds for liability arising out of Licensee’s ongoing operations. (ISO endorsement CG 20 26 or equivalent).
e. The insurance provided to the additional insureds shall be primary to, and noncontributory with, any insurance or self-insurance program maintained by them. f. The policy shall cover inter-insured suits between County and Licensee and include a “separation of insureds” or “severability” clause which treats each insured separately.
g. Required Evidence of Insurance:
i. Copy of the additional insured endorsement or policy language granting additional insured status; and
ii. Certificate of Insurance.

Automobile Liability Insurance
(Required if (1) autos are used in the event or activity; or (2) the activity involves substantial loading and unloading of property.)
a. Minimum Limit: $1,000,000 combined single limit per accident. The required limit may be satisfied by a combination of Automobile Liability Insurance and either Commercial Excess or Commercial Umbrella Liability Insurance. b. Insurance shall cover all owned autos. (Required if Licensee owns vehicles.) c. Insurance shall apply to all hired and non-owned autos. d. Required Evidence of Insurance: Certificate of Insurance.

Liquor Liability Insurance
(For events with alcohol.)
a. Minimum Limits: $1,000,000 for each Common Cause or Occurrence; $1,000,000 Aggregate.
b. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it must be approved in advance by County. Licensee is responsible for any deductible or selfinsured retention. c. Required Evidence of Insurance: Certificate of Insurance.

Standards for Insurance Companies
Insurers, other than the California State Compensation Insurance Fund, shall have an A.M. Best's rating of at least A:VII.

Documentation
a. The Certificate of Insurance must include the following reference: County Sonoma -Cotati Vets Building License 2023.
b. All required Evidence of Insurance shall be submitted prior to the execution of this Agreement. Licensee agrees to maintain current Evidence of Insurance on file with County for the required period of insurance.
c. The name and address for Additional Insured endorsements and Certificates of

12.a
Packet Pg. 512 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Insurance is: County of Sonoma, Attn: Manager, Real Estate Division, 2300 County Center Drive, A200, Santa Rosa, CA 95403.
d. Required Evidence of Insurance shall be submitted for any renewal or replacement of a policy that already exists, at least ten (10) days before expiration or other termination of the existing policy.
e. Licensee shall provide immediate written notice if: (1) any of the required insurance policies are terminated; (2) the limits of any of the required policies are reduced; or (3) the deductible or self-insured retention is increased. f. Upon written request, certified copies of required insurance policies must be provided within thirty (30) days.

Policy Obligations
Licensee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements.

Material Breach
If Licensee fails to maintain insurance which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. County, at its sole option, may terminate this Agreement and obtain damages from Licensee resulting from said breach.

E N D O F A G R E E M E N T

12.a
Packet Pg. 513 Attachment: License Agreement - Cotati Veterans Building (Cotati Veterans Building Use Agreement 2023 Resolution) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Recognition and Flag Policy
Date: June 27, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution approving an official policy on recognitions and ceremonial flags and separately adopt a motion directing staff on the annual calendar of desired proclamations, including ceremonial flags and flag raising ceremonies.

Background
Historically, the City has provided “thank you” letters to outgoing City Council members or Planning Commissioners. In some cases, the City Council also adopted resolutions of appreciation for exceptional service to the community by an outgoing City Council member.

Proclamations are generally requested by an outside group, and if approved for agenda through the normal process defined by the City Council Rules, the proclamation is brought forward to recognize the individual or group. However, in all cases, these processes are not defined by a City Council policy.

Prior to 2023, over at least the past 15 years, the City has rarely flown any ceremonial flags, so there is no defined process to manage these requests.

Analysis/Discussion
The current City Council has expressed a strong desire to recognize groups or causes through proclamations, ceremonial flags and potentially flag raising ceremonies. Therefore, staff reviewed similar policies in other California jurisdictions and tailored these policies into a draft for consideration that would fit Cotati’s size and resources.

Of note is the policy that would provide minimum service time guidelines for City Council members and Planning Commissioners to receive different types of recognition. However, recognition would generally also be subject to the discretion of the City Council through the Mayor using the established process in the City Council Rules.

For reference, below is a table of proclamations issued over the past 5 years:

12.B
Packet Pg. 514
Proclamation Title Timing/Frequency Flag Flag
Ceremony
One-Time
SRJC 100th Anniversary 1x
Community Voice 25th Anniversary 1x
Oliver's Market Day Proclamation 1x
United In Kindness Proclamation 1x
American Red Cross Month Proclamation March/Annual
January
-
February
-
March
National Surveyor's Week Begins 3rd Sunday
Annual
April
Sexual Assault Awareness Month Annual
WOTYC Proclamation
(Week of the Young Child)
1 st or 2nd week
Annual
NPST Week
(National Public Safety
Telecommunicators Week)
Annual
MOVES Proclamation
(Children's Memorial Day)
4 th Friday
Annual
X
National Library Week Proclamation Late April
Annual
May
Bike Month Proclamation Annual
National Public Works Week
Mid-May
Annual
June
Pride Month Annual X X
Juneteenth Proclamation June 19
Annual
X X
Community Resilience Challenge Climate Challenge in
2019, discontinued.

July
Zero Waste Week Proclamation Last Week of July
Annual
August
Women's Equality Day Proclamation August 26
Annual
September
Creek Week Begins 3rd Monday

12.B
Packet Pg. 515
Proclamation Title Timing/Frequency Flag Flag
Ceremony
Annual
October
Bullying Prevention Month Proclamation Annual
Children's Environmental Health Day 2
nd Thursday
Annual
November
-
December
-
Other
Monarch Butterfly Proclamation Requires annual renewal, including specific actions
and reporting
Motions approving a slate of proclamations should also include an affirmative vote of the City Council on ceremonial flags and flag raising ceremonies, as applicable. This is expected to become an annual process to reserve requested durations for flags and dates for ceremonies.

Additional proclamations without flags or ceremonies, if any, can be added as desired at any time during the year.

Financial Considerations
Prior to hearing this item, City staff have already made upgrades to the City Hall flagpole to allow for a third flag to avoid taking down the California flag to fly a ceremonial flag. Other pending improvements include locking the lanyard on the flagpole to discourage vandalism or theft of flags.

Unless the City Council directs staff to purchase materials/supplies for a certain flag raising ceremony, additional direct costs are limited to the cost of purchasing a flag, which typically runs approximately $100 each. Staff support is expected to take 2-4 staff hours per ceremony, or approximately 24-48 staff hours per year if there are 12 ceremonies each year.

12.B
Packet Pg. 516
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ADOPTING A

RECOGNITION AND CEREMONIAL FLAG POLICY
WHEREAS, the City Council has expressed a strong desire to recognize groups or causes through proclamations, ceremonial flags and potentially flag raising ceremonies; and WHEREAS, the City does not currently have policies on recognition, use of ceremonial flags or flag raising ceremonies; and
WHEREAS, staff reviewed similar policies in other California jurisdictions and tailored these policies into a draft for consideration that would fit Cotati’s size and resources; and WHEREAS, the action of adopting a recognition, ceremonial flag and flag raising ceremony policy does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati does hereby adopt the policy for Council Recognition of Individuals, Organizations and/or Events, attached as Exhibit A.

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 June 27th, 2023, by the following vote, to wit:

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

Exhibit A - Draft Policy for Proclomations and Ceremonial Flags (DOCX) Packet Pg. 517
ADOPTED: <DATE>
1 | P a g e
City Council Policy 2023-XX
Council Recognition of Individuals, Organizations and/or Events Policy Purpose
This policy is designed to establish consistent criteria and procedures for official City Council recognition of individuals, organizations, and/or events and to recognize the contributions to the City from individuals, groups and organizations.

Policy Statement:

It is the policy of the City to recognize noteworthy contributions and achievements of individuals and organizations through letters, proclamations, and resolutions in accordance with the criteria contained in this policy, and at the discretion of the Mayor or the City Council where noted.

These forms of recognition are not intended for partisan, commercial or narrow individual purposes; as such purposes are inconsistent with the overall policies of the City Council.

1. Letter of Recognition
A Letter of Recognition is used to acknowledge individual or group achievement or contributions to the community, or to recognize a noteworthy event or occasion. Letters of Recognition are also prepared for outgoing members of City Council, Planning Commission and City Council appointed committee members that have served for less than two terms (less than 8 years continuously) in good standing. All letters are signed by the Mayor only.

Letters of Recognition on behalf of the entire City Council do not require City Council approval and are issued at the discretion of the Mayor provided that the receiving individual or group does not represent views or opinions contrary to established City Council policy or positions.

Individual Councilmembers may request through the Mayor that letters be prepared and issued by the City.

2. Proclamations (Ceremonial Resolutions)
Proclamations are also reserved for accomplishments and/or events of significant importance to the community. Proclamations (Ceremonial Resolutions) are less formal than official Resolutions of the City Council. Proclamations are presented at City Council meetings at the designated place in the agenda, but do not require formal vote or action by the City Council and are not numbered and filed by the City Clerk. Proclamations are used for various forms of recognition, including:

A. Recognition of individuals and organizations whose contributions and achievements have community-wide significance.

B. Recognition of Cotati residents on the occasion of their 100th birthday.

C. To call public attention to a significant community event, service or cause.

12.a
Packet Pg. 518 Attachment: Exhibit A - Draft Policy for Proclomations and Ceremonial Flags (Recognition Policy Reso) ADOPTED: <DATE>
2 | P a g e
D. To highlight a special period of observance, celebration, or recognition for community, regional, state, or national occasions.

All requests, including the proposed text, for Proclamations must be directed to the City Manager’s office for review and placed on the agenda consist with the process in the current City Council Rules. A copy of each Proclamation is maintained in the City Manager’s office.

The Mayor shall determine whether a proclamation is read in its entirety at the City Council meeting, or only the proclamation title and what is proclaimed. The City Council member requesting the proclamation shall work with the City Manager’s office to arrange for a representative to receive the proclamation at the appointed City Council meeting.

3. Formal Resolutions
A formal Resolution of recognition or appreciation is the highest Council honor reserved for individuals and organizations that have made extraordinary, lasting, and significant contributions to the community, including City Council, commission and City Council appointed committee members that have served for two terms or longer (8 years or more continuously) in good standing.

All requests, including the proposed text, must be requested through the Mayor and placed on the agenda consistent with the process in the current City Council Rules. Formal resolutions are approved by action of the City Council at a Council meeting.

4. Display of Flags
The flagpole in front of City Hall maintains an outdoor display of the United States flag and the California State flag, as well as the ability to display a third commemorative flag.

A. Conformance with Federal and State Regulations. Flags shall be displayed in accordance with Federal and State statutes and regulations, including, but not limited to, United States Code, Title 4, Chapter 1 and California Government Code section 430 et seq., and this Policy.
a. Per California Government Code section 431(a), the Flag of the United States and the Flag of the State of California shall be prominently displayed upon or in front of public buildings of the City.
b. Per California Government Code section 434.7, any Flag of the United States or Flag of California that the City purchases must be made in the United States. c. The United States Flag may only be flown at half-staff in accordance with the guidelines set forth at https://www.usa.gov/flag. The State of California Flag shall be flown at half-staff if the United States Flag is flown at half-staff.

B. Commemorative Flags at City Hall. A commemorative flag is any flag other than the United States Flag or the State of California Flag. The display of commemorative flags constitutes official governmental speech. The display of commemorative flags serves solely as an expression of the City’s official sentiment and shall not create or serve as a forum for public expression.

12.a
Packet Pg. 519 Attachment: Exhibit A - Draft Policy for Proclomations and Ceremonial Flags (Recognition Policy Reso) ADOPTED: <DATE>
3 | P a g e
a. At a noticed and agendized City Council meeting, a majority of Council Members must agree to display a commemorative flag through a resolution or affirmative vote. The annual schedule for commemorative flags is typically approved by the City Council once per year to ensure coordination for the following 12 months.

The City will not display a commemorative flag based on a request from a third party, nor will the City use its flagpoles to sponsor the expression of a third party. b. Commemorative flags must be either purchased by the City or temporarily donated for the City’s use and must be clean, without holes and tears, and be made of an all-weather fabric. Commemorative flags must be the same size or smaller than the United States and California flags that are flown and must be below the California flag. The City will not be responsible for the condition of the commemorative flag once flown.
c. Commemorative flags shall be displayed for a period of time that is reasonable or customary, but no longer than thirty-one (31) continuous days. d. If any other flag is flown at half-staff, the commemorative flag will also be flown at half-staff.
e. A “commemorative flag” shall be consistent with the City’s vision, mission and priorities. The following are not allowed as Commemorative Flags and will not be considered by the City Council:
i. Flags of a particular religious movement or creed to avoid the appearance of City government endorsing religion or a particular religious movement or creed;
ii. Flags of a political party to avoid the appearance of City government endorsing a political party; and
iii. Flags advocating a certain outcome in an election.

C. Flag Raising Ceremonies
a. Authorization. The City Council approves a City of Cotati Commemorative Flag calendar through a resolution or affirmative vote. The City Council will also designate by resolution or affirmative vote which, if any, commemorative flags will also include a flag raising ceremony. The ceremony does not authorize expenditure of public funds outside of the listed City Staff Support provided in this policy, unless explicitly included in the City Councils’ authorizing motion. b. Ceremony Logistics. The Mayor is the organizing lead for flag raising ceremonies or if unavailable, the Vice Mayor (Organizing Lead). The Organizing Lead may also select a delegee from among the City Council to assist and shall inform the City Manager of the delegee. The Organizing Lead will coordinate with the City Manager’s office to set the date and time of the ceremony, and be the lead for event coordination, including inviting speakers, providing any requested event information for public marketing. The Organizing Lead shall also inform the City Manager as soon as possible of any potential public safety issues as they become known.

12.a
Packet Pg. 520 Attachment: Exhibit A - Draft Policy for Proclomations and Ceremonial Flags (Recognition Policy Reso) ADOPTED: <DATE>
4 | P a g e
Any vendor assisting with, providing food to, or performing at the event will be required to sign a hold harmless agreement and may require insurance (depending on scope of activity). If food is served, it must be pre-wrapped. The Organizing Lead must coordinate all decorations, food servers, tablecloths, napkin, utensils and clean-up crew to ensure proper trash disposal. Information tables may not sell any product, wares, or memberships. The Organizing Lead is responsible for event clean-up, except for City supplied materials.
c. Ceremonies. Flag Raising Ceremonies are outdoor events held in in front of City Hall (201 West Sierra Avenue). Ceremonies are limited to one hour maximum and can accommodate approximately 30 people. Flag raising ceremonies can only be scheduled during normal City Hall working hours, at a date and time available to be supported by City staff.
d. City Staff Support. City staff will support flag raising ceremonies with the following services, if requested by the Organizing Lead:
• Obtain flags.
• Conduct the flag raising.
• Provide a Podium.
• Provide up to two tables.
• Simple sound system (speaker's handheld microphone and speakers) • Police security, as needed.

No seating will be provided. City staff will set up and remove all City provided materials and equipment. The City Manager’s Office will provide public notice of the event through posting on the City’s website and social media channels prior to the event. No physical flyers will be produced by the City.

12.a
Packet Pg. 521 Attachment: Exhibit A - Draft Policy for Proclomations and Ceremonial Flags (Recognition Policy Reso) 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: June 27, 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].

18.A
Packet Pg. 522

Cotati City CouncilJune 27, 2023

Cotati City Council
June 27, 2023