Cotati City Council
July 25, 2023

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday July 25, 2023
6:00 PM REGULAR MEETING
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated.

City Council meeting agendas, minutes, and recordings are posted on the City’s Meeting Portal at www.cotaticity.org.

For questions about the agenda of to receive the City Council agenda by email, contact the Deputy City Clerk at [email protected] or (707) 665-3622.

Cotati City Council Meetings will be conducted in person in the Council Chamber, and, as a courtesy, participate virtually through Zoom Online video conferencing, and will be available to watch or listen in the following ways:

1. Using the following online livestream meeting portal link: http://cotaticityca.iqm2.com/citizens/default.aspx;

2. Cable T.V. Broadcast, local channel 28
Members of the public can participate in the meeting online by clicking the link below:
https://us02web.zoom.us/j/85981419838?pwd=YUFyRndwd0gyckRmRmxDcy9WZXBRQT09 If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:

Webinar ID: 859 8141 9838
Passcode: 836746
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866
Attendees may join the meeting any time after 5:45pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted. Once you begin your public comment, your three minutes will begin.

If you would prefer to submit your public comment in writing, please email your comments to [email protected]. If you are commenting on a specific agenda item or items, please state the agenda item number(s) in the subject line of the email. All comments received via email will be provided to the City Council or Planning Commission in writing and included as part of the record of the meeting. ###
Notice is hereby given that Council may discuss and/or take action on any or all of the items listed on this agenda.

Any writings or documents provided to a majority of the Cotati City Council regarding any item on this agenda will be made available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Ave, Cotati, CA during the City’s posted business hours.

Cotati City Council Agenda July 25, 2023

Disabled Accommodations: Upon request, this agenda will be made available in appropriate formats to persons with disabilities as required by Section 202 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the Deputy City Clerk at [email protected], or (707) 665-3622, at least 48 hours in advance of the meeting.

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

Learn more at https://support.zoom.us by searching “closed captions.” Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced. • Silence electronic devices, including cell phones.
• Audience members are advised to keep conversations to a minimum of conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area.
• The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2021-01 III.B.1.)
Public Comment (Action Items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.

Public Comment (Non-Action Items): Public comment on non-action agenda items shall be received during the designated portion of the agenda. Comments shall be limited to no more than three (3) minutes for all non-action agenda items.

Waiver Warning: If you challenge decisions/direction of the City Council of the City of Cotati in court, you may be limited to raising only those issues you or someone else raised at public hearing(s) described in this agenda, or in written correspondence delivered to the City of Cotati at, or prior to, the public hearing(s).

City Council meetings are conducted according to City Council Policy 2021-01: City Council Rules. This policy is available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Ave, Cotati, CA, during the City’s posted business hours.

Those wishing to address the Council are asked to complete a speaker card and give it to the Deputy City Clerk. When you are called, step to the podium and state your name and address for the record. Persons wishing to address the Council are not required to identify themselves or complete a speaker card; (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and it assists the Deputy City Clerk in preparing the City Council meeting minutes.

COUNCILMEMBER PARTICIPATION VIA TELECONFERENCE
Mayor Susan Harvey will participate via teleconference at 5970 Riverview, Mackay, ID 83251, pursuant to Government Code Section 54953(b). Members of the public may attend and participate at either the Council Chambers or via teleconference from the location referenced above. The agenda shall be posted at both locations.

1. CALL TO ORDER
Members of the public may participate in the meeting at 201 W. Sierra Ave, or online by pasting the following link into your web browser:
https://us02web.zoom.us/j/85981419838?pwd=YUFyRndwd0gyckRmRmxDcy9WZ XBRQT09

2. ROLL CALL
Cotati City Council Agenda July 25, 2023

3. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - JUN 27, 2023 6:00 PM

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

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

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

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

6. APPROVAL OF FINAL AGENDA (ACTION)

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

The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the City Clerk will alert speakers when there is 30 seconds remaining.

Cotati City Council Agenda July 25, 2023

8. CONSENT CALENDAR (ACTION)
A. APPROVE DESIGN AGREEMENT FOR THE 2024 STREET

IMPROVEMENTS PROJECT
It is recommended the City of Cotati City Council approve by motion a professional services agreement with Harris and Associates for the design of the 2024 Street Improvements Project and authorize the City Manager to execute the professional services agreement and any needed amendments up to an amount not to exceed $56,000.

B. 2023 COTATI ACCORDION FESTIVAL PUBLIC PARKING LOT USE AT 960 EAST COTATI AVENUE ON AUGUST 19 AND AUGUST 20, 2023.

It is recommended that the City Council of the City of Cotati adopt a resolution approving the 2023 Cotati Accordion Festival Use of the Parking Lot Located at 960 East Cotati Avenue.

C. AMEND FTE STAFFING SCHEDULE FOR FISCAL YEAR 2023/24
It is recommended that the City Council adopt by resolution the amendment of the Staffing Schedule as set forth in Exhibit A to the resolution, to include an additional partial FTE to the Public Works and Engineering Department.

9. DIRECTION ON FUTURE AGENDA ITEMS

10. PUBLIC HEARINGS (ACTION)
A. ESTABLISHING THE OUTSTANDING BACKFLOW TESTING CHARGES

AND LEVYING OF ASSESSMENTS
It is recommended that the City Council hear and consider any and all protests, objections, and other comment regarding the backflow testing expenses and approve a resolution authorizing the levying of assessments for unpaid backflow testing charges.

11. REGULAR AGENDA (ACTION)
A. ISSUANCE OF A COMMERCIAL CANNABIS PERMIT TO BARLOW

PRINTING, LLC TO ALLOW COMMERCIAL CANNABIS DISTRIBUTION ACTIVITIES AT 481 AARON STREET (PA# 22/16)
It is recommended that the City Council adopt a Resolution granting a commercial cannabis permit to Barlow Printing, LLC (a wholly-owned subsidiary of HC Solutions of California, LLC) to allow commercial cannabis distribution activities at 481 Aaron Street.

B. CREATION OF AN IN-LIEU TREE FUND AND IN-LIEU TREE PLANTING

PROGRAM
It is recommended that the City Council adopt a resolution creating the in-lieu tree Cotati City Council Agenda July 25, 2023

fund as a new special revenue fund within the City budget, and direct staff to create a in-lieu tree program to allocate the funds within this account.

C. RECOGNITION AND FLAG POLICY
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.

12. CITY MANAGER'S REPORT

13. CITY COUNCIL MEMBER REPORTS

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

15. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
A. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

16. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City's website, bulletin boards of City Hall, Veterans' Memorial Building and the SMART Train Depot, on or before July 21, 2023.
/s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR

AGENCY TO THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday June 27, 2023
6:00 PM REGULAR MEETING

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

2. ROLL CALL
Attendee Name Title Status
Susan Harvey Mayor Present
Laura Sparks Vice Mayor Present
Ben Ford Councilmember Present
Sylvia Lemus Councilmember Present
Kay Rivers Councilmember Present
Staff present: Assistant City Attorney Ali Wolf, City Manager Damien O’Bid, Deputy City Clerk Kevin Patterson, Police Chief Michael Parish, Director of Public Works/City Engineer Craig Scott, Director of Community Development Noah Housh, Recreation Manager Ashley Wilson

3. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - JUN 13, 2023 6:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers

5. ANNOUNCEMENTS

4.A
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Minutes Acceptance: Minutes of Jun 27, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes June 27, 2023

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

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

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

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

6. PRESENTATIONS
A. PRESENTATION ON CONTINUUM OF CARE 5 YEAR STRATEGIC PLAN

TO PREVENT AND END HOMELESSNESS
Presentation by Dave Kiff, Division Director, Homeless Services, Sonoma County Department of Health Services, on behalf of the Sonoma County Continuum of Care.

Councilmembers comment
Public comment:

Laurie Alderman of Cotati

7. APPROVAL OF FINAL AGENDA (ACTION)

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

Kimberlyn Moffet of Cotati

9. CONSENT CALENDAR (ACTION)

4.A
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Minutes Acceptance: Minutes of Jun 27, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes June 27, 2023

Councilmember Sparks requested to pull item 9B from the consent calendar.

Councilmember Ford announced that he would recuse from item 9C, as he owns property within the Downtown Specific Plan. His motion to adopt the Consent Calendar included only items A, D, E, & F.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
A. AUTHORIZE IMPLEMENTATION OF A CITY WIDE ASSET

MANAGEMENT SYSTEM
D. ELECTRIC VEHICLE CHARGING REACH CODE ORDINANCE
E. ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR STRUCTURES AT
8125, 8145, AND 8175 GRAVENSTEIN HIGHWAY
F. ORDINANCE CLARIFYING WATER CONNECTION FEES WITH FIRE FLOWS
9C. SECOND READING AND ADOPTION OF THE CITY OF COTATI

DOWNTOWN SPECIFIC PLAN (DSP) ZONING CODE AMENDMENTS

ORDINANCE
RESULT: ADOPTED
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Lemus, Rivers
RECUSED: Ford
9B. DESIGN AGREEMENTS FOR PUTNAM AND CATOR FIELD UPDATES RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Presentation by City Manager Damien O'Bid.

Councilmembers comment.

Public comment:

Kimberlyn Moffet of Cotati

4.A
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Minutes Acceptance: Minutes of Jun 27, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes June 27, 2023

Council requested to modify the scope of service for both parks to include a community meeting prior to any design work, using the 2019 Park Capital Plan concepts, with updated concepts presented at a second community meeting after receiving community input at the first workshop, coordination with the Laguna de Santa Rosa Foundation at Putnam Park, and use of dark sky lighting.

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. ESTABLISHING THE OUTSTANDING BACKFLOW TESTING CHARGES

AND LEVYING OF ASSESSMENTS
RESULT: CONTINUED-NO VOTE
Next: 7/25/2023 6:00 PM
Opened for public comment.

No public comment.

Item was continued to July 25, 2023.

B. 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.

RESULT: ADOPTED [4 TO 0]
MOVER: Ben Ford, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus
ABSTAIN: Rivers
Presentation by Director of Public Works/City Engineer Craig Scott.

Councilmembers comment.

No public comment.

Council approved the resolution, with changes requested by Director Scott to update the assessment for Zone 10 to the correct amount, $414.50, and other Engineer's Report consistency corrections to ensure proper assessment amounts.

12. REGULAR AGENDA (ACTION)
A. CITY OF COTATI LICENSE AGREEMENT FOR USE OF THE COTATI

VETERANS BUILDING FACILITIES

4.A
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Minutes Acceptance: Minutes of Jun 27, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes June 27, 2023

RESULT: ADOPTED [4 TO 0]
MOVER: Kay Rivers, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Lemus, Rivers
RECUSED: Ford
Councilmember Ford recused from this item, as he lives within 500ft of the Veteran's Building.

Presentation by Recreation Manager Ashley Wilson.

Councilmembers comment.

No public comment.

Council approved the license agreement, with the addition of a use-case clause allowing the City to use the building during emergency events, in coordination with County, for disaster operations support and logistics.

B. RECOGNITION AND FLAG POLICY
RESULT: CONTINUED-NO VOTE
Next: 7/25/2023 6:00 PM
Presentation by City Manager Damien O'Bid.

Councilmembers comment.

No public comment.

Council requested several changes to the policy, and elected to continue the item to a future meeting in order for City Manager O'Bid to incorporate the requested changes.

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

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

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

16. CLOSED SESSION
Mayor Harvey adjourned to closed session at 8:40pm.

4.A
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Minutes Acceptance: Minutes of Jun 27, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes June 27, 2023

A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54956.8. PROPERTY: PORTION OF APN 144-275-001 AND RIGHT OF WAY ADJACENT TO THE SOUTHEAST BOUNDARY OF APN 144-275-001, COTATI. CITY NEGOTIATOR: CITY MANAGER. NEGOTIATING PARTY: TESLA, INC. UNDER
NEGOTIATION: PRICE AND TERMS OF PAYMENT

17. REPORT OUT OF CLOSED SESSION
Mayor Harvey announced there was nothing to report out of closed session.

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

19. ADJOURNMENT
Mayor Harvey adjourned the meeting at 9:30pm.
/s/ Kevin Patterson, Deputy City Clerk

4.A
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Minutes Acceptance: Minutes of Jun 27, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Approve Design Agreement for the 2024 Street Improvements Project Date: July 25, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council approve by motion a professional services agreement with Harris and Associates for the design of the 2024 Street Improvements Project and authorize the City Manager to execute the professional services agreement and any needed amendments up to an amount not to exceed $56,000.

Background
This item is to seek Council approval of a design contract for completion of a street rehabilitation construction project Fall of 2023. The Project follows the recommendations of the City’s Pavement Management Program and is consistent with its recently adopted Annual and MultiYear Capital Plans. The City is committed to investing in its roadway infrastructure and the investment includes both higher cost rebuilding streets in poor condition as well as lower cost slurry (i.e. street preservation) of streets in good condition. Every summer for the past several years, the City has completed street pavement preservation and rehabilitation projects and has significantly improved the overall condition of its streets.

Analysis/Discussion
In April 2022, the City Engineering Division issued a request for qualifications and received proposals from sixteen engineering firms. After evaluating the proposals, City Staff determined Harris and Associates to be the most qualified for the 2024 Street Improvements Project. The City requested, and Harris and Associates has provided, a proposal to prepare construction plans and specifications and bidding services for the City to contract with a construction company for construction in the Fall of 2023. City Staff have reviewed the proposal and find it to be fair and reasonable. The streets identified for preservation treatments this Fall are informed by the recently completed Pavement Management Plan (PMP). This program is the start of a zone rotation for street maintenance, with the initial focus on Zone 3. This specifically includes the streets indicated in the following figures:

8.A
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The streets included in this design were designed and intended for construction this past spring/summer, however, higher than anticipated construction cost estimates resulted in Staff removing these streets from the construction bid scope so the past spring/summer’s project would be within the budgeted amount. Therefore, the proposed design fee is less than what is needed for full design as it reflects a reduced effort in repackaging the construction plans and specifications and providing bid services. The City is to use its standard Professional Services Agreement for these services.

The Project is scheduled to be advertised for bids in August with construction to start in late September and extend into October.

Financial Considerations
The City’s adopted FY23/24 Annual Budget includes $601,000 for design, construction and Construction Management. The proposal from Harris and Associates is $52,270, which is accounted for in the total Project estimated cost and, therefore, no budget amendment is needed for the action of approving the design contract. However, Staff is requesting a total not to exceed design budget of $56,000, for any needed amendments to the design agreement. The total Project funding is to come from the City’s General Fund, Capital Outlay Funds, and SB1 funds for FY23/24.

Environmental Issues
The Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Project includes repair and maintenance of existing streets in the City. Therefore, no further environmental review is required.

8.A
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: 2023 Cotati Accordion Festival Public Parking Lot Use at 960 East Cotati Avenue on August 19 and August 20, 2023.

Date: July 25, 2023
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council of the City of Cotati adopt a resolution approving the 2023 Cotati Accordion Festival Use of the Parking Lot Located at 960 East Cotati Avenue.

Background
The Annual Cotati Accordion Festival will be taking place on Saturday, August 19th, and Sunday, August 20th, 2023, in La Plaza Park. The event was approved by City Council on May 23, 2023. The event coordinators have additionally requested the use of the City of Cotati owned gravel parking lot located at 960 East Cotati Avenue, next to the SMART station, for event parking.

Cotati Accordion Festival, Inc. has submitted a completed City of Cotati Park Use and Special Event Permit application along with sufficient descriptions of the event.

Analysis/Discussion
In previous years, the Cotati Accordion Festival has used multiple public and private spaces for event parking, including the park and ride lot located on the corner of Old Redwood Highway and Highway 116. Since the sale of that space, the CAF is no longer going to be able to access it for event parking. They have worked to find parking accommodations elsewhere, which has led to the request of using the City owned lot in the application. The intentions of having dedicated parking for the CAF are to make it convenient for guests to attend the event and to limit the amount of parking in other public areas for local businesses and their guests from event attendees.

The Cotati Accordion Festival has requested the following: 1) exclusive use of the gravel parking area located next to the SMART station located at 960 East Cotati Avenue, on August 19 and August 20, 2023.

8.B
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The event in La Plaza Park takes place from 9:30am-8:00pm on Saturday, August 19 and Sunday, August 20. The CAF is requesting exclusive use of the parking lot from 8am-8pm each day.

As is done with the festival, the City will install “No Parking” signs in advance of the event in the lot and “Event Parking Only” signs will be up during the times that the CAF will have the lot permit.

The Cotati Accordion Festival has reviewed the insurance requirements and have indicated that they can provide adequate insurance. A Condition of Approval has been included which requires proof of insurance be supplied to the City before the event.

Financial Considerations
In accordance with the Park Use and Special Event Policy, applicable fees are as follows:
$50 – Special Event Application Fee
$250 – Special Event Daily Fee ($125 per day)
Special Event Refundable Security Deposit - $250
TOTAL FEES: $550
The applicant has requested fee waivers for this event. The Special Events and Park Permit Policy allows for non-profit groups to request a 50% fee waiver for fees associated with their event when no admission fees are charged. Although this event does charge admission fees, given that a 50% waiver was approved for the event permit fees approved on May 23, staff recommends that the 50% waiver request be approved for this permit request as well.

The event does bring visitation to the City and has potential to support local businesses.

Staff is expected to spend approximately 12 hours to process the application and for labor associated with setting up and taking down the parking signs. The adopted fees are intended, on average, to cover the costs of performing these activities, but it is important to also understand the true costs. The estimated staff costs are shown in Table 1.

Table 1.

Recreation Staff – 7 hours
Public Works Staff – 5 hours
$714.00
$875.00
Total Staff Costs $1,589.00
The proposed fees to be collected would be a fee of $150 (50% of the total $300) and a $250 refundable deposit to be collected and returned following the event if no unusual damage occurs or extra staff time is needed to return the lot to its original state.

8.B
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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.

8.B
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING THE 2023 COTATI ACCORDION FESTIVAL'S USE OF THE PUBLIC PARKING LOT SPACE LOCATED AT 960 EAST COTATI AVENUE, COTATI.

WHEREAS, the Cotati Accordion Festival submitted an application to the City for the use of the City owned public gravel parking lot located at 960 East Cotati Avenue for their event scheduled on August 19 and August 20, 2023; and
WHEREAS, the City Council finds that this event is part of a comprehensive economic development strategy by the City of Cotati in that it increases visitation to the City, promotes the Cotati community and results in increased sales tax revenues; and WHEREAS, the City Council further finds that the health, safety, and welfare of the citizens of the City of Cotati will not be jeopardized by the approval of this event; and WHEREAS, it will be necessary to conform to certain conditions as described in Exhibit A, attached hereto, to facilitate this event; and
WHEREAS, the action of approving a permit for use of a parking lot for event parking does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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

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

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

Section 3. Approval of Fee Waivers for Cotati Accordion Festival. The 50% fee waivers, as described in the accompanying Staff Report, is hereby approved to facilitate these events.

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

Section 5. Severability. Each portion of this resolution is severable. Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudged invalid. The City Council of the City of Cotati hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more section, subsection, clause, sentence, phrase or other portion may be held invalid or unconstitutional.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the July 25th, 2023, by the following vote, to wit:

Approved:________________________________
Packet Pg. 17
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:

EXHIBIT A Conditions of Approval CAF Use of Parking Lot at 960 East Cotati Avenue (PDF) Exhibit B Cotati Accordion Festival Parking Lot Application 2023 (PDF) Packet Pg. 18

EXHIBIT A

CONDITIONS OF APPROVAL

1. The applicant is granted exclusive use the City owned gravel parking lot located at 960 East Cotati Avenue for the Cotati Accordion Festival event from Saturday, August 19 h
, 2023 at 8:00 a.m. through Sunday, August 20
th
, 2023, at 8:00 p.m. This space is to
be used for event parking only.

2. Applicant shall provide the City with proof of insurance, as required, to the satisfaction of the City, prior to the event.

3. The applicant shall ensure the public facilities (parking spaces and streets) are cleaned completely and returned to pre-event condition prior to re-opening the parking lot. This includes the removal of any chalk or tape used to mark parking spaces. Spray paint and drilling of holes in any concrete or asphalt roadway or sidewalk area is strictly prohibited.

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

5. Public Works shall be responsible for parking lot closures, as listed below. - No Parking Signs up by Friday, August 18
- Event Only Parking signs up Saturday, August 19 and Sunday, August 20 from 8am-8pm

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Attachment: EXHIBIT A Conditions of Approval CAF Use of Parking Lot at 960 East Cotati Avenue (2023 Cotati Accordion Festival Public

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Attachment: Exhibit B Cotati Accordion Festival Parking Lot Application 2023 (2023 Cotati Accordion Festival Public Parking Lot Use

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Attachment: Exhibit B Cotati Accordion Festival Parking Lot Application 2023 (2023 Cotati Accordion Festival Public Parking Lot Use Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Amend FTE Staffing Schedule for Fiscal Year 2023/24 Date: July 25, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt by resolution the amendment of the Staffing Schedule as set forth in Exhibit A to the resolution, to include an additional partial FTE to the Public Works and Engineering Department.

Background
The City adopted the fiscal year (FY) 2023/24 budget which includes the total City-Wide FTE summary for all departments for all proposed positions. After budget adoption, staffing efficiencies were further evaluated within the Public Works and Engineering Department. As such staff are proposing an overall increase of 0.50 FTE for the department for the fiscal year with the reduction of the time for Engineering Tech from 1.0 FTE to 0.5 FTE and replacing the time with a full 1.0 FTE for the Associate Engineer.

Analysis/Discussion
The City currently employs two part-time engineering technicians who support ongoing required reporting as well as project management. Both staff, at this time, are students and as such cannot provide additional hours of service for the community. These two positions report directly to the Director of Public Works and Engineering. The combination of these positions was budgeted at approximately $194,000.

Additionally, the department has ongoing contract services with Moe Engineering as well as MS4 for plan check review and storm water management respectively. The scope of both contracts could be decreased with the availability of a full-time staff.

Financial Considerations
For budgetary purposes, the increased total cost to the City is not expected to exceed $30,000 in total for the FY 2023/24. Budget adjustments, if required, will be presented in the Mid-Year Financial Report to the City Council. As such no adjustment is proposed currently.

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

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI TO AMEND

THE ADOPTED BUDGETED FULL TIME EQUIVALENT (FTE) STAFFING SCHEDULE FOR FISCAL YEAR 2023/24.

WHEREAS, following budget adoption on May 23, 2023, City Staff identified staffing needs for a full time Associate Engineer within the Public Works and Engineering Department; and
WHEREAS, the funding for the additional position will be addressed with reduced time allocated for part-time engineering technicians from 1.0 FTE to 0.5 FTE for the fiscal year, as well as a decrease in required outside contract services, as well as additional possible budget adjustments to be ascertained as of Mid-Year financial reporting; and WHEREAS, the total amended increase in FTE for the City would not exceed 0.5 FTE for the fiscal year 2023/24; and
WHEREAS, the action of amending a Budget Staffing Schedule does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED THAT the City Council of the City of Cotati does hereby authorize the City FTE count to increase from a budgeted 51.1(FTE) to 51.6(FTE) with the aforementioned changes indicated in Exhibit A within the Public Works and Engineering Department.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the July 25th, 2023, by the following vote, to wit:

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

Exhibit A - Proposed FTE Amendments for Fiscal Year 2023/24 (PDF) Packet Pg. 24
Comparative Staffing Summary Report
As adopted for Fiscal Year 2023/24 and Proposed for Amendment as of July 25, 2023.

FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 22/23 FY 23/24 FY 23/24 FY 23/24 FY 23/24 EST. ADOPTED PROPOSED CHANGE FROM

ACTUALS BUDGET BUDGET ADOPTED

2.5 2.5 2.5 2.5 2.5 2.5 0 2.5 0

4.5 4.5 4.5 4.5 4 4.5 0 4.5 0

4.5 4.5 4.5 5.5 5 5.5 0 5.5 0

3.4 3.4 3.7 4.5 4 4.5 0 4.5 0

9.1 9.1 9.1 9 7.5 8.5 -0.5 9.0 0.5

20.5 20.5 20.6 22.2 18.9 22.9 0.7 22.9 0

2.7 2.7 2.8 2.7 2.8 2.7 0 2.7 0

44.7 44.7 45.2 48.4 42.2 48.6 0.2 49.1 0.5

47.2 47.2 47.7 50.9 44.7 51.1 0.2 51.6 0.5
Planning & Building

FUNCTION / DEPARTMENTS

BUDGET BUDGET CHANGE
Elected Officials
Staff Positions
City Manager
Administrative Services

BUDGET BUDGET
Public Works
Police Services
Recreation
Total Staff
Total City Officials and Staff

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Attachment: Exhibit A - Proposed FTE Amendments for Fiscal Year 2023/24 (FTE Update for PW Staffing (Reso)) Staffing Detail by Department Report
As adopted for Fiscal Year 2023/24 and Proposed for Amendment as of July 25, 2023.

FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 22/23 FY 23/24 FY 23/24 FY 23/24 FY 23/24 BUDGET BUDGET BUDGET BUDGET EST. BUDGET CHANGE PROPOSED CHANGE FROM

ACTUALS BUDGET ADOPTED
Mayor 0.5 0.5 0.5 0.5 0.5 0.5 0 0.5 0
Vice Mayor 0.5 0.5 0.5 0.5 0.5 0.5 0 0.5 0
Council Members 1.5 1.5 1.5 1.5 1.5 1.5 0 1.5 0
Total 2.5 2.5 2.5 2.5 2.5 2.5 0 2.5 0
City Manager 1 1 1 1 1 1 0 10
City Clerk 1 1 1 0 0 0 0 00
Deputy City Clerk 0 0 0 1 1 1 0 10
Administrative Analyst 1 1 1 0 0 0 0 00
Senior Management Analyst 0 0 0 1 1 1 0 10
Administrative Assistant 1 1 1 1 1 1 0 10
Intern 0.5 0.5 0.5 0.5 0 0.5 0 0.5 0
Total 4.5 4.5 4.5 4.5 4 4.5 0 4.5 0
Director of Admin. Services 1 1 1 1 1 1 0 10
Senior Accountant 1 1 1 1 1 1 0 10
Accountant 0 1 1 2 2 2 0 20
Accounting Clerk-Senior 1 0 0 0 0 0 0 00
Accounting Specialist 1 0 0 0 0 0 0 00
Account Clerk 0 1 1 1 1 1 0 10
Intern 0.5 0.5 0.5 0.5 0 0.5 0 0.5 0
Total 4.5 4.5 4.5 5.5 5 5.5 0 5.5 0
Community Development Director 1 1 1 1 1 1 0 10
Senior Planner 1 1 1 1 1 1 0 10
Limited Term Senior Planner (PT) 0 0 0.3 0 0 0 0 00
Associate Planner (PT) 0 0 0 0.5 0.5 0.5 0 0.5 0
Administrative Analyst 0.4 0.4 0.4 0 0 0 0 00
Permit Tech 0 1 1 1 1 1 0 10
Administrative Assistant 1 0 0 0 0 0 0 00
Planning Technician 0 0 0 0.5 0.5 0.5 0 0.5 0
Intern 0 0 0 0.5 0 0.5 0 0.5 0
Total 3.4 3.4 3.7 4.5 4 4.5 0 4.5 0
Director of Public Works 1 1 1 1 1 1 0 10
Civil Engineer 1 1 1 1 0.5 0 -1 00
Associate Engineer 0 0 0 0 0 0 0 11
Administrative Analyst 0.6 0.6 0.6 0 0 0 0 00
Public Works Superintendent 1 1 1 1 1 1 0 10
Maintenance Worker III 000001 1 10
Maintenance Worker II 2 2 3 2 2 1 -1 10
Maintenance Worker I 3 3 1 2 2 2 0 20
Laborer 0 0 1 1 0 1 1 10
Engineering Technician 0 0 0 0.5 1 1 0.5 0.5 -0.5
Intern 0.5 0.5 0.5 0.5 0 0.5 0 0.5 0
Total 9.1 9.1 9.1 9 7.5 8.5 -0.5 9.0 0.5
Planning & Building *

FUNCTION / DEPARTMENT
Elected Officials *
Staff
City Manager *
Administrative Services *
Public Works *

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Attachment: Exhibit A - Proposed FTE Amendments for Fiscal Year 2023/24 (FTE Update for PW Staffing (Reso)) FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 22/23 FY 23/24 FY 23/24 FY 23/24 FY 23/24 BUDGET BUDGET BUDGET BUDGET EST. BUDGET CHANGE PROPOSED CHANGE FROM

FUNCTION / DEPARTMENT ACTUALS BUDGET ADOPTED
Chief of Police 1 1 1 1 1 1 0 10
Lieutenant 1 1 1 0 0 1 1 10
Sergeant 2 2 2 3 3 2 -1 20
Corporal 2 2 2 2 1 2 0 20
Officer 6 6 6 7.8 7 8 0.2 80
Community Services Officer 1 1 1 0.5 0 0 -0.5 00
Police Service Aide 0.5 0.5 0.5 0.8 0.8 0.8 0 0.8 0
Dispatcher/Clerk 5.5 5.5 5.6 5.6 5.6 6.6 1 6.6 0
Reserve Officer I 1.5 1.5 1.5 1.5 0.5 1.5 0 1.5 0
Total 20.5 20.5 20.6 22.2 18.9 22.9 0.7 22.9 0
Facilities/Recreation Manager 111111 0 10
Recreation Coordinator 1 1 1 1 1 1 0 10
Recreation Leader 0.1 0.1 0.8 0.7 0.8 0.7 0 0.7 0
Camp Director 0.2 0.2 0 0 0 0 0 00
Assistant Camp Director 0 0 0 0 0 0 0 00
Camp Staff 0.4 0.4 0 0 0 0 0 00
Total 2.7 2.7 2.8 2.7 2.8 2.7 0 2.7 0

44.7 44.7 45.2 48.4 42.2 48.6 -0.3 49.1 0.5

47.2 47.2 47.7 50.9 44.7 51.1 -0.3 51.6 0.5
* Subject to allocation of labor to Enterprise and Fiduciary Funds.

Police Services
Recreation
Total City Staff
Total City Officials and Staff

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Attachment: Exhibit A - Proposed FTE Amendments for Fiscal Year 2023/24 (FTE Update for PW Staffing (Reso)) Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Establishing the Outstanding Backflow Testing Charges and Levying of Assessments
Date: July 25, 2023
Written by: Henry Babits,
Recommendation
It is recommended that the City Council hear and consider any and all protests, objections, and other comment regarding the backflow testing expenses and approve a resolution authorizing the levying of assessments for unpaid backflow testing charges.

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. On June 27, 2023, the City Council tabled the item until July 25, 2023 after opening the item for public comment. No public comment was received. The City subsequently noticed the new public hearing date of July 25, 2023 on July 14 and July 21, 2023.

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

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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.

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.

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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 agendized but tabled the item on June 27, 2023, after allowing for any public comment, of which none was received; and WHEREAS, on July 14 and July 21, 2023 additional notice was given; and WHEREAS, the City Council held a public hearing on July 25, 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

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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.

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 July 25th, 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)

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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

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Attachment: Backflow list 23-24 (PH for Outstanding Backflow Charges) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Issuance of a commercial cannabis permit to Barlow Printing, LLC to allow commercial cannabis distribution activities at 481 Aaron Street (PA# 22/16) Date: July 25, 2023
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council adopt a Resolution granting a commercial cannabis permit to Barlow Printing, LLC (a wholly-owned subsidiary of HC Solutions of California, LLC) to allow commercial cannabis distribution activities at 481 Aaron Street.

Background
Cannabis Regulations and City Actions
In October 2015, the Governor signed three bills into law collectively known as the Medical Marijuana Regulation and Safety Act (MMRSA) establishing California’s first licensing system for commercial medical cannabis activity.

In November 2016, California voters approved Proposition 64, legalizing adult use and possession of cannabis.

On November 7, 2017, Cotati voters passed a cannabis business tax (Measure G), which levies business taxes on cannabis businesses operating within the City. The ballot measure authorizes maximum tax limits, while allowing the City Council to establish lesser rates on a bi-annual basis at any rate up to the maximums set by the voters.

On February 13, 2018, the City Council adopted Ordinance No. 883, establishing the parameters under which personal cultivation could occur on residentially zoned properties, and the locations, types, and numbers of permissible commercial cannabis permits.

The numbers and types of commercial cannabis uses allowed under the adopted regulations are shown below.

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License Type Maximum # to be Permitted
2A Small Indoor Cultivation
3A Medium Indoor Cultivation 5
4 (Indoor Only) Nursery (Cultivation)
6 Non-Volatile Manufacturing
7 2
7 Volatile Manufacturing
8 Testing Labs
9 Non-Storefront Retailer
111 Distributor
10 Storefront Retailer
2 3
12 Microbusiness
Notes:

1. Only standalone Type 11 Distribution licenses count toward the permit limits; businesses holding a State Type 11 in conjunction with another license type are unlimited.

2. No more than one Type 9 Non-Storefront Retailer permit may be issued.

3. No more than one of the retail permit types may be a Type 12 microbusiness.

Since adoption of the ordinance allowing for commercial cannabis uses, the City Council has granted permits to sixteen potential businesses. Of those granted permits, seven permittees have established active businesses or are making sufficient progress towards establishing the businesses in conformance with the conditions of their approvals. The remaining issued permits have either expired due to insufficient progress toward establishing operational businesses or were withdrawn or abandoned by the permittees. The following commercial cannabis permits are active:

Applicant Address License Type
Mercy Wellness of Cotati 7950 Redwood Dr. Type 12 - Microbusiness Jane Dispensary 8145 Highway 116 Type 10 – Retailer
Type 11 - Distributor
Barlow Printing
(dba: Henry’s Original) 481 Aaron St. Type 6 – Level 1 ManufacturingType 11 – Distributor Drops Cali 351 Alder Ave Type 6 – Non-Volatile Manufacturing Type 11 - Distributor
Clearlake Growth Fund II
(dba: Stachs/Eaze) 471 Aaron St. Suite B
Type 9 – Non-Storefront Retailer
(Delivery only)
Eagle Eye 531 Mercantile Dr.

Type 3A -Medium Indoor Cultivation
Type 7 –Volatile Manufacturing
Type 11 - Distributor
TetraCert 445 Portal St #8 Type 4 – Indoor Nursery
Type 11 – Distributor
Barlow Printing
On June 25, 2019, the City Council awarded a commercial cannabis permit to Heritage Holding of California, LLC (dba: Henry’s Original) to allow non-volatile manufacturing and distribution at 481 Aaron Street.

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In January 2021, Heritage Holding of California formed a wholly-owned subsidiary to define and control their Cotati operations, and adopted the name of the building’s former business, Barlow Printing.

On July 14, 2021, the City Manager authorized the biennial renewal of the commercial cannabis permit and recognized the permit holder’s name change from Heritage Holding of California, LLC to Barlow Printing, LLC.

On September 27, 2022, the City received an application from HC Solutions of California, LLC for a commercial cannabis distribution permit. HC Solutions of California indicated that they were acquiring Barlow Printing from Heritage Holding of California and would operate as Barlow Printing within Cotati. HC Solutions of California is wholly owned by HC Solutions Holdings Inc., and HC Solutions Holdings is 80% owned by Humble & Fume, Inc. and 20% owned by Green Acre Capital Distribution Corp.

Analysis/Discussion
Barlow Printing will operate as a commercial cannabis distribution business in the same location that Barlow Printing (under different ownership) is currently operating, but solely as a cannabis product distributor. Like the current Barlow Printing operation, the new Barlow Printing will receive tested, packaged, retail ready cannabis goods from other licensees throughout the state of California and distribute the goods to licensed retail stores and delivery services. The cannabis goods include flower and flower-only pre-rolls, infused pre-rolls, concentrates, edibles, tinctures, topicals, and beverages. Barlow Printing will also store and distribute branded accessories on behalf of distribution clients on a case-by-case basis. The distribution permit also allows for packaging, repackaging, labeling, pre-roll manufacturing, and storage.

It should be noted that this permit will be limited to distribution activities only. The application notes that they will also acquire a “Processor” license with their acquisition of Barlow Printing, but this license type is a State license that is not offered by the City of Cotati. A State processing license allows for cultivation-related activities such as trimming, sifting, curing, drying,

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packaging and labeling of cannabis, however only distribution related activities are being permitted with this action. Historically, the City allowed those types of activities (including at this location) when associated with a microbusiness, cultivation, or manufacturing permit; however, due to issues related to taxation and alignment with state licensing procedures and practices, the City now only allows activities such as sifting, drying, curing and trimming with an active cultivation or microbusiness permit and no longer allows those activities with a manufacturing permit, which is not included with this approval.

A commercial cannabis business has been operating from this site for approximately four years.

The proposed business will continue to operate with its activities focused on distribution activities alone. There have been no complaints or issues related to the commercial cannabis activities at this site. As the business will largely collect and distribute prepackaged retail-ready products, there will be little to no odor associated with the business. Warehousing and distribution activities use significantly less power and water compared to more intensive light or medium industrial activities, such as when the facility operated as an actual printing facility.

Financial Considerations
There is no adverse fiscal impact to the City. All commercial cannabis permit applicants file a $6,943 fee in conjunction with their applications. Staff time to review the application, inspect the premises and coordinate with the California Department of Cannabis Control are charged against this application fee. If approved, Barlow Printing will fall under the cannabis business tax requirements as a cannabis distribution facility (2%).

Environmental Issues
The project qualifies for a Class 1 Categorical Exemption, pursuant to CEQA Guidelines Section 15301 (Existing Facilities) in that the proposed project is the re-use of an existing industrial building with no increase in square footage, and with an industrial land use found to meet all City of Cotati development criteria.

Attachments:

Council Information - Barlow Printing (PDF)

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City of Cotati - Development Dept.
201 West Sierra Ave.

Cotati, California 94931
ATTN: Community Development Dept. & Office of the City Manager To whom it may concern:

Please accept the attached table of contents, application, and required documents for your consideration for a distribution license with the City of Cotati. Barlow Printing, LLC is an existing processing licensee at 481 Aaron Street, Cotati, CA 94931. As our industry changes and grows, we will be shifting the primary operations at the facility to distribution services under Barlow Printing, LLC.

We are thrilled at the opportunity to promote reliable, compliance-forward distribution throughout the state of California from this Cotati hub. Should you have any questions or need clarification as you review the application binder, please do not hesitate to contact our compliance department directly at [email protected].

We look forward to working with you to contribute to the community and economy of Cotati! Sincerely,
Jessica Hulser
808-829-0280
[email protected]
Compliance/Licensing Contact:

Alyssa Clemmer
323-926-1893
[email protected]
[email protected]

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer)

11.A.a
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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) APN #144-010-043-000
481 AARON ST
COTATI, CA 94931
1 ACRE PARCEL:
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COMMON AREA

ADMIN/BATRHOOMS

DISTRIBUTION FUNCTIONS &

DISTRIBUTION

FUNCTIONS

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) Business Operations Plan
Barlow Printing, LLC - 481 Aaron St, Cotati, CA 94931
a. Full description of the activities and products of the business and a detailed description of how operations will comply with local and state law. For retail facilities, please include a description of anticipated design aesthetic and user experience of public areas. i. Our proposed cannabis operations will add Type 11 distribution operations to the existing Processing operations under Barlow Printing, LLC. Distribution operations will include receipt and storage of retail-ready cannabis products provided by licensed and fully-vetted brands. The business will follow all regulations set forth by the City of Cotati and the California Department of Cannabis Control.
b. Procedure for storing and tracking inventory and a plan for implementation of safeguards to prevent product diversion.
i. Barlow Printing, LLC will utilize ERP software to support storage and tracking of inventory. At the time of application, the business primarily utilizes Distru to track skus in our distribution locations. This system tracks batch information, sku counts, and other relevant data that syncs with CA’s track-and-trace system (METRC). Inventory reconciliations are a top priority of our operations team, and cycle counts take place through both Distru and METRC at least every 30 days, per state requirements.
ii. Product is stored onsite at the distribution location with security onsite during business hours and continuous monitoring through camera surveillance. The facility is also equipped with a security alarm system. Manifests and inventory are cross-checked on a regular basis to prevent diversion.
c. Project supply chain; i.e., expected sources of products, locations where products have been manufactured, testing labs used, transporters, distributors, etc.). i. Product onsite at the distribution premises will be retail-ready and pass full regulatory compliance testing. Our brands utilize a number of testing labs and manufacturers, all in accordance with state requirements. d. Procedure for ensuring quality of products and identifying, managing and disposing of unusable products.
i. Products at the distribution facility will only be accepted in their retail-ready, tested form. Quality is ensured by COA review against the product packaging, along with internal audits confirming storage meets requirements for exposure to extreme temperatures and moisture. Before products are approved to be added to our distribution portfolio, full diligence of the producer/cultivator takes place, including packaging and sku review.
ii. Discovery of unusable products is rare, but are potentially discovered during the pick-and-pack process, through an internal inventory audit, or by a retailer at

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) drop-off. Any unusable product will be returned to the distribution facility and rendered completely unusable by authorized staff, with packaging discarded and product destroyed or removed in accordance with state and local regulations. e. Personnel policies and procedures for hiring and ensuring thorough background information is reviewed prior to hire.
i. Personnel will be hired through a number of conventional methods, including posting to job boards, utilizing recruiters, and referrals from current team members. After a thorough interview process, employees are provided an offer letter and a ClearCheck background check is performed by the business’s HR department. Upon receipt of an offer letter, the prospective employee is also provided with the City of Cotati live scan form and asked to have a live scan completed, noting that an approval from Cotati PD is required before the employee can begin work and their offer of employment is contingent on Cotati PD approval.
f. If retail, include an approximate number of patients or customers the business anticipates serving.
i. N/A
g. Detailed record keeping procedures, including chain of custody controls. i. The chain of custody begins with the cultivator, who is responsible for tagging the plant with a UID and beginning the entries into the state’s track-and-track system, METRC. As the cannabis products move through the supply chain, they are updated within the METRC system.
ii. Upon receipt of the retail-ready, packaged goods, our inventory team will review packaging against METRC manifests, Certificates of Analysis, and a packaging checklist provided internally and “accept” the inventory in the METRC system. iii. Chain of custody is also managed through a seed-to-sale cannabis ERP software.

At this time, the business utilizes Distru. This software allows tracking down to the individual item and syncs information about retailers and other participants in the chain of custody to METRC, providing an additional layer of review and control.
iv. All Distru records are maintained digitally and retained for at least 7 years as required by the Department of Cannabis Control. All sales invoices and METRC manifests are maintained in both paper form and digitally, also retained in accordance with the DCC’s recordkeeping requirements.
h. Proof of application for and/or receipt for all required other agency permits and licenses (i.e., entitlement, building, health department, resource agencies, etc.). i. See attached.
i. Copy of government issued photo ID for each person engaged in the day-to-day operations or having ownership interest or decision making authority, or involved in any way with the business.

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) i. See attached
j. Copy of social security cards for all business owners. i. See attached
k. Proof of status as a qualified patient or primary caregiver if applicable. i. N/A
l. List of licenses and/or permits for similar business activities issued to and/or revoked from the business or any person who is an owner and/or has decision making capabilities, or involved in the day-to-day operations of the business. Include type of permit/license, issued by, issued to, current status, reason for denial. i. All owners are associated with the following licenses:

1. Entity: Cabo Connection
a. License Numbers:

CDPH-10003631 (Type 6 Manufacturing)
C11-0000488-LIC (Type 11 Distribution)
b. Licensing Agency: CA Dept. of Cannabis Control
c. Status: Active

2. Entity: Cabo Connection
a. Licensing Agency: Los Angeles Department of Cannabis Regulation
b. Status: Active

3. Entity: Heritage Holding of California, Inc.
a. License Number:

C11-0000983-LIC (Type 11 Distribution)
b. Licensing Agency: CA Dept. of Cannabis Control
c. Status: Active

4. Entity: Barlow Printing, LLC
a. License Number:

CCL19-0005020 (Cultivation - Processor)
b. Licensing Agency: CA Dept. of Cannabis Control
c. Status: Active
m. List all persons who are owners and/or have decision making capabilities, or involved in the day to day operations of the business and has been investigated and/or convicted of a felony and/or misdemeanor including but not limited to violent offenses, fraud, deceit, embezzlement, moral turpitude or illegal use, possession, transportation, and/or distribution of illegal substances and/or involved in a lawsuit or other litigation. i. N/A

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) Air Quality and Energy Management Plan
Barlow Printing, LLC
481 Aaron St, Cotati, CA 94931
a. A calculation of expected emissions, by type and a detailed description of devices and techniques necessary to comply with BAAQMD standards.
i. Barlow Printing, LLC will be participating in existing processing activities and with this application, seeks to add distribution activities. We will not be cultivating or participating in any activity that releases greenhouse gasses or harmful emissions. See the following pages for the CEQA exemption application for the CA Dept. of Cannabis Control. b. A calculation of anticipated greenhouse gas emissions for the operation of the business and demonstrated compliance with any applicable state, regional or local plan for greenhouse gas reduction.
i. The project is not anticipated to change or increase current greenhouse gas emissions relative to the area, please see the attached CEQA exemption application for the DCC. c. An odor control plan which details devices and techniques to prevent detectable odors outside the facility.
i. The facility is outfitted with basket fans using carbon filters throughout a number of interior rooms, ensuring proper air circulation and ventilation to control odor. Since the majority of products onsite will be retail-ready and in finished packaging, we do not anticipate significant odor control will be necessary. Should it become necessary in the future, additional measures will be added as-needed.
d. A detailed energy conservation plan which includes a description of devices which will enable the proposed facility and activities to operate at or below energy usage parameters of building’s occupancy classification.
i. We do not anticipate energy usage that exceeds the building’s occupancy classification, as the facility will not be participating in cultivation or other high-energy-use activities.

Should our energy use exceed usage parameters for the building’s occupancy classification, we will provide a detailed energy conservation plan as requested.

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) F
irePrevention,HazardousMaterials,&WasteDisposalPlan
BarlowPrinting,LLC
481AaronSt,Cotati,CA94931

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) Water / Wastewater Management and Conservation Plan
Barlow Printing, LLC
481 Aaron St, Cotati, CA 94931
a. A calculation of planned water usage, water conservation measures and disposal of wastewater. i. There will be no cultivation or other high-water uses taking place at the facility. Water usage on-site will be limited to cleaning, sanitation, and other standard employee uses. ii. We do not anticipate participating in activities that produce wastewater that could have potential environmental impacts.
b. A detailed description of devices or processes which will enable proposed facility and activities to operate at or below water usage parameters of building’s occupancy classification. i. Since there will be no cultivation or other high-water uses taking place at the facility, water usage on-site will be limited to cleaning, sanitation, and other standard employee uses. We anticipate this to mean that we will not exceed water usage parameters for the building’s occupancy classification.
c. A calculation of anticipated waste water, excess irrigation and domestic waste water anticipated, pre-treatment method (when applicable), as well as disposal method. All waste water discharged to the City sewer system shall comply with the City’s Municipal Code. All cultivation operations shall comply with all state regulations, any regulations adopted by the City Council through resolution or ordinance and the discharger shall submit to the City verification of compliance with the Waste Discharge Requirements of the applicable Regional Water Quality Control Board and the City’s sewer ordinance, or waiver thereof if needed. i. N/A
d. The Plan shall also describe devices and procedures that will be in place to protect stormwater runoff quality for any outdoor wash down or equipment clean up. Note that all site operations shall comply with the City’s Stormwater Discharge Permit and limitations on outdoor activities generally.
i. N/A

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer)

BCC-LIC-025 (New 10/18)
California Department of Consumer Affairs
Bureau of Cannabis Control
State of California
Gavin Newsom, Governor
www.bcc.ca.gov
Bureau of Cannabis Control
Project-Specific Information Form
(To be completed by applicant – attach additional sheets as needed) If a previously certified or adopted environmental document is not available or does not exist, you must submit a completed Project-Specific Information Form. The Bureau of Cannabis Control (Bureau) will use this form to determine whether the project has the potential to generate significant adverse environmental impacts that might require preparation of a CEQA document or the need for additional information. (Cal. Code Regs., tit. 14, § 15060(a) [CEQA Guidelines].).

Please provide detailed responses to the items below. If more space is needed, additional pages may be added. Missing, incomplete, or inconsistent information may delay the processing of your application. Applicants must complete this form when the local jurisdiction from which they received authorization to conduct commercial cannabis activity did not certify a CEQA document.

Applicant Name: ______________________________________________ Application Number: ___________________________________________ Local jurisdiction (city/county): ___________________________________ SECTION A. PROJECT LOCATON AND SURROUNDING USES

1. Describe the project location including street address, city, county, Assessor’s Parcel Number, major cross streets, general plan designation, zoning designation, and any other physical description that clearly indicates the project site location.

2. Describe the surrounding land uses and zoning designations within one-half mile radius of the project and list the abutting land uses.

3. Provide a vicinity map and aerial image to show the project location.

BCC-LIC-025 Page 1 of 4 (New 10/18)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer)

State of California BCC-LIC-025 (New 10/18) Gavin Newsom, Governor California Department of Consumer Affairs Bureau of Cannabis Control
www.bcc.ca.gov

4. Provide photographs, not larger than 8 ½ by 11 inches, of the of existing visual conditions as observed from the publicly accessible vantage point(s).

SECTION B: PROJECT DESCRIPTION

1. Describe the activities included in the project application and identify any other commercial cannabis activity or activities occurring at the proposed premises.

2. Quantify the project size (total floor area of the project) in square feet and the lot size on which the project is located, in square feet.

3. List and describe any other related public agency permits and approvals, including any entitlements required for this project (e.g., those required by a planning commission, city council, board of supervisors, local air district, or regional water board).

4. Identify whether the applicant is licensed by, or has applied for licensure from, the California Department of Food and Agriculture or the State Department of Public Health to engage in commercial cannabis activity at the proposed premises.

BCC-LIC-025 Page 2 of 4 (New 10/18)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) State of California BCC-LIC-025 (New 10/18) Gavin Newsom, Governor California Department of Consumer Affairs Bureau of Cannabis Control
www.bcc.ca.gov

5. Explain whether any of the project activities will expand the existing footprint of the facility beyond the current structural or parcel boundaries, increase the amount of impervious surface, or reduce any natural habitat. If the project is part of a larger project, attach a separate sheet to briefly describe the larger project.

6. Discuss whether the project will increase the quantity and type of solid waste, as defined by Public Resources Code section 40191, or hazardous waste, as defined by Health and Safety Code section 25117, that is generated or stored onsite.

7. Identify the location, type, and quantity of hazardous materials, as defined by Health and Safety Code section 25260, that are stored, used, or disposed of at the project site and a copy of the Hazardous Material Business Plan (HMBP) prepared for the proposed premises, if any.

8. List the water source(s) and amount, in gallons, supplied for each indoor and outdoor commercial cannabis activity at the project site. Identify the wastewater treatment system (e.g., septic, aerobic or lagoons) used for the project site.

9. Estimate the number of anticipated employees onsite, occupancy during operating hours, frequency of deliveries or shipments originating to and from the project site, describe the anticipated transportation activity at the project site including the effects of the project related to public transit, bicycle, or pedestrian facilities.

BCC-LIC-025 Page 3 of 4 (New 10/18)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) State of California BCC-LIC-025 (New 10/18) Gavin Newsom, Governor California Department of Consumer Affairs Bureau of Cannabis Control
www.bcc.ca.gov

10. Describe the project’s anticipated operational energy needs, identify the source of energy supplied for the project and the anticipated amount of energy per day, and explain whether the project will require an increase in energy demand and the need for additional energy resources.

SECTION C: OTHER RELEVANT CEQA INFORMATION
Submit any other relevant CEQA documentation or information that will assist the Bureau in determining CEQA compliance (e.g., any environmental impact analysis prepared by a consultant).

BCC-LIC-025 Page 4 of 4 (New 10/18)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer)

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Attachment: Council Information - Barlow Printing (Henry's - Barlow Printing Cannabis Permit Transfer) RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING A COMMERCIAL CANNABIS PERMIT TO BARLOW PRINTING, LLC (A WHOLLYOWNED SUBSIDIARY OF HC SOULTIONS OF CALIFORNIA, LLC) TO ALLOW CANNABIS DISTRIBUTION ACTIVITIES (UNDER STATE LICENSE TYPE 11 (DISTRIBUTOR)) AT 481 AARON STREET (PA# 22/16)
WHEREAS, on February 23, 2018, the City Council adopted Ordinance No. 883, adding Section 17.42.200 (Commercial Cannabis Uses), amending Tables 2-2 and 2-3 of Chapter 17.22 (Allowable Uses and Permit Requirements), amending Chapter 17.90 (Definitions), and repealing Chapter 8.24 (Medical Marijuana Dispensaries) of the Cotati Municipal Code to allow and regulate certain commercial cannabis uses within the City; and WHEREAS, Sections 17.42.200(B)(5), 17.42.200(C)(4) and 17.42.200(D)(4) set forth the number of allowable permits at five (5) cultivation, two (2) retail, and seven (7) manufacturing, testing, storage, distribution and non-storefront retail facilities, respectively, that may be issued by the City Council; and WHEREAS, on June 25, 2019, Heritage Holding of California, LLC was granted a permit to operate a commercial cannabis business for distribution activities (under State License Type 11) according to all requirements of Municipal Code Chapter 17.42.200 and applicable state laws and regulations; and
WHEREAS, in January, 2021, Heritage Holding of California, LLC formed Barlow Printing, LLC as a wholly-owned subsidiary to control its commercial cannabis activities within Cotati; and
WHEREAS, HC Solutions of California, LLC intends to acquire Barlow Printing, LLC from Heritage Holding of California, LLC; and
WHEREAS, the application meets all of the requirements of the City’s commercial cannabis ordinance including those enumerated in Zoning Code Chapter

17.22 and Section 17.42.200; and
WHEREAS, the application from HC Solutions of California, LLC was found to be complete and was presented to the City Council as part of a properly noticed public meeting on July 25, 2023, at which the application materials and all written and oral testimony was considered; and
WHEREAS, the City Council desires to award commercial cannabis permits to individuals and operations that will achieve compliance with local and state regulations, enhance and diversify the local economy, mitigate potential negative impacts, and best promote the public health, safety, and general welfare of City of Cotati residents and businesses.

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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cotati does hereby find, determine, and declare as follows:

1. The foregoing recitals are true and correct and are hereby incorporated by reference.

2. That, based on all available information, including the project application and above findings and determinations, the project qualifies for a Class 1 Categorical Exemption, pursuant to CEQA Guidelines Section 15301 in that the proposed project is the re-use of an existing industrial building with no increase in square footage, and with an industrial land use found to meet all City of Cotati development criteria.

3. The City Council hereby approves issuance of a commercial cannabis permit to Barlow Printing, LLC (as a wholly-owned subsidiary of HC Solutions of California, LLC) allowing for cannabis distribution activities at 481 Aaron Street, subject to compliance with all conditions of approval below.

4. The City Council authorizes the City Manager to issue a commercial cannabis permit to Barlow Printing, LLC located at 481 Aaron Street, upon confirmation that all requirements of the Cotati Municipal Code have been met and subject to the following conditions of approval:
i. The commercial cannabis permittee shall ensure full compliance with Cotati Municipal Code Section 17.42.200(B) and all required state laws and regulations.
ii. This action approves and authorizes commercial cannabis distribution activities only. All previous commercial cannabis approvals and allowances related to and occurring on this site are hereby voided with this action. iii. Business operators and activities are subject to all commercial cannabis taxation rules and requirements as identified in the Cotati Municipal Code. iv. No commercial cannabis operations may commence at the permitted location until the business has obtained all required state licenses. v. No commercial cannabis operations may commence at the permitted location until City staff has issued a zoning clearance and confirmed that all requirements of Municipal Code Section 17.42.200, including police department approval of a final security plan, have been met. vi. Product loading and unloading activities are limited to fully secured areas and are limited to occur only between the hours of 6:00 am to 8:00 pm, unless alternative times are specifically authorized by the Chief of Police.

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vii. The City of Cotati Police Department shall be notified of any potential criminal activity and/or security compliance issue, as mandated by the Cotati Municipal Code.
viii. Permittee shall register with the City’s Administrative Services Department. ix. Permittee is advised to review and understand the application of the City’s tax rate as a component of their due diligence in finalizing and implementing their business operations.
x. The commercial cannabis permit may expire in two hundred forty (240) days if the business is not fully operational. The City Manager is authorized to extend the time for startup if the permittee can provide evidence of substantial progress toward establishing a fully operational business. xi. The commercial cannabis permit has a two-year term and must be renewed prior to expiration of the term (July 24, 2025). The City Manager is authorized to renew the license following demonstration by the Operator/permittee of compliance with all condition of approval, all requirements in effect at the time of extension and provided the operation is in good standing with all State and local agencies (Municipal Code section

17.42.200 (A)(7)(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 July 25th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Creation of an In-Lieu Tree Fund and In-Lieu Tree Planting Program Date: July 25, 2023
Written by: Noah Housh, Director of Community Development Recommendation
It is recommended that the City Council adopt a resolution creating the in-lieu tree fund as a new special revenue fund within the City budget, and direct staff to create a in-lieu tree program to allocate the funds within this account.

Background
In the City of Cotati, many trees are protected from removal under Chapter 17.54 of the Cotati Municipal Code (CMC). When removal of a protected tree is requested, a permit application is reviewed by the Community Development Department to determine compliance with the requirements governing tree removal. Generally, removal of the tree is remedied through the replanting of replacement tree(s) on the same property. From time to time there are instances when the remedy for the removal of trees is completed through the payment of an in-lieu fee, intended to cover the cost of purchasing, planting, irrigating and maintaining each tree for a period of ten years. CMC Section 17.54.050 identifies the in-lieu fee shall be deposited into the City’s tree fund.

Analysis/Discussion
Although the CMC occasionally allows the payment of in-lieu fees for the cost of purchasing, planting, irrigating, and maintaining each tree for a period of ten years, the City has not created a separate “in-lieu tree fund” to accept these in-lieu fees and allocate their expenditure. Rather, the in-lieu fees collected to remedy tree removal have historically been deposited into the general fund. Given the need to track and allocate in-lieu tree funds, and the language of the CMC directing the creation of such a fund, staff has attached a draft resolution to implement this direction and create a “in lieu tree fund” special revenue account.

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Separately, staff has identified a need to create a program whereby in-lieu funds collected are allocated, as authorized by the City Council in adoption of CMC Section 17.54.050(C), to remedy the impacts resulting from tree removal within the City boundaries. The in-lieu fee provides that the City “may determine that the remedies . . . are not feasible or desirable and may instead require the payment of an in-lieu fee for the cost of purchasing, planting, irrigating, and maintaining each tree for a period of ten years.” Up to this point, staff have allocated the in-lieu tree funds consistent with CMC Section 17.54.050(C), but would benefit from the creation of a specific program to implement use of the in-lieu funds to make such funds available for purchasing, planting, irrigating, and maintaining trees for both City projects and to make such funds available for purchasing, planting, irrigating, and maintaining trees to be planted on private property within the City of Cotati, consistent with the City’s intended use of the in-lieu tree funds. This conceptual program would not create a new use for the in-lieu funds, but instead would allow staff to implement the original intended use of in-lieu funds. The program would allow Cotati property owners/residents to purchase and plant up to two trees (one native/drought tolerant; one fruit/ornamental) per year, with in-lieu tree funds being used to re-pay the costs of these purchases upon confirmation that the trees have been planted and maintained. The program would be administered by the Community Development Department and marketed through various means including the City website, social media channels and in-person events such as the Farmers Market.

Financial Considerations
The primary financial consideration is the creation of a new special revenue account within the City budget. There are not anticipated to be any new budget allocations associated with this effort, however some funds previously allocated to the general fund, will now be collected and budgeted specifically to address impacts associated with the removal of trees within the City.

Any previously collected in-lieu tree funds available in the general fund will be transferred to this special revenue account and available for immediate dispersal. One secondary budget impact will be the allocation of Community Development staff time to managing and implementing this program. No new hard costs are anticipated to arise from this effort.

Environmental Issues
This action to create a new special revenue fund 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. Future implementation of the

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in-lieu tree program will implement existing direction of Chapter 17.54 of the Cotati Municipal Code and is found to be consistent with the Cotati General Plan Environmental Impact Report as no new unanticipated impacts will result from this effort. Therefore, this program meets the requirements of CEQA Section 15183, and no additional environmental analysis is warranted.

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RESOLUTION NO.

RESOLUTION OF THE COUNCIL OF THE CITY OF COTATI DIRECTING THE

CREATION OF AN IN-LIEU TREE SPECIAL REVENUE FUND AND A IN-LIEU

TREE PROGRAM
WHEREAS, Chapter 17.54 of the Cotati Municipal Code (CMC) governs the removal of trees within the City of Cotati; and
WHEREAS, from time-to-time remedies for the removal of trees is completed through the payment of “in-lieu fees” and CMC Section 17.54.050 identifies the in-lieu fee shall be deposited into the city’s tree fund; and
WHEREAS, to-date the City has utilized the General Fund as the tree fund, however tracking and allocating in-lieu tree funds would be improved through the creation of a special revenue fund whereby these fees could be received, tracked and allocated more effectively; and WHEREAS, the Council desires a program to be implemented to expend these funds specifically with the goal to remedy impacts associated with the removal of trees within the City.

NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COTATI DOES HEREBY:

1. Find the action to create a of the In-Lieu Tree Special Revenue Fund does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378, and the creation of the program to implement collection and expenditure of these funds is directed by CMC 17.54 and is found to be consistent with the General Plan EIR analysis; therefore, no further environmental review is required per CEQA Section 15183.

2. Direct the creation of an In-Lieu Tree Special Revenue Fund within the City Budget and allocate all available previously collected in-lieu tree funds into this account.

3. Direct the creation of an In-Lieu Tree Program to be administered by the Community Development Department, to collect and expend the In-Lieu Tree Funds.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the July 25th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Recognition and Flag Policy
Date: July 25, 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 the agenda through the normal process defined by the City Council Rules, the proclamation is read at a City Council meeting to recognize the individual or group. 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. What all of these have in common is that these processes are not currently defined by a City Council policy.

During Strategic Planning for the fiscal year 2023-24 budget, the City Council requested that the City become more active in recognizing various groups that do good work in the community or represent portions of the community.

At the City Council meeting on June 27, 2022, the City Council provided initial feedback to staff on potential proclamations and requested certain updates to the draft policy. The additions to the proclamation table are bolded and the edits to the policy are shown in redline/strikeout (attached to the resolution).

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

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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.

Attached is a table of proclamations issued over the past 5 years, with new items in bold which were added by the City Council at the June 27, 2023 council meeting. The City Council will need to decide which proclamations to continue this calendar year (2023) and next year if known. For each proclamation, the City Council must also decide if a flag should be raised, if there will be a flag ceremony, and who the Organizing Lead is.

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 concurrent with the appointment process in January to develop a monthly calendar of proclamations and 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.

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

Attachments:

Calendar of Proclamations (PDF)

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Annual Calendar of Proclamations
Proclamation Title Timing/Frequency Organizing Lead Flag Flag Ceremony
January
-
February
Black History Month Annual
March
Women’s History Month Annual
National Surveyor's Week Begins 3rd Sunday
Annual
American Red Cross Month Annual
April
Sexual Assault Awareness Month Annual
WOTYC Proclamation
(Week of the Young Child)
1st or 2nd week
Annual
NPST Week
(National Public Safety
Telecommunicators Week)
Annual
MOVES Proclamation
(Children's Memorial Day)
4th Friday
Annual
X
National Library Week Proclamation Late April
Annual
May
Asian Pacific Islander History Month Annual
Mental Health Awareness Month Annual
Bike Month Proclamation Annual
National Public Works Week
Mid-May
Annual
June
Pride Month Annual X X

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Attachment: Calendar of Proclamations (Recognition Policy Revised) Proclamation Title Timing/Frequency Organizing Lead Flag Flag Ceremony
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
Latino Heritage Month Annual
Creek Week Begins 3rd Monday
Annual
October
Breast Cancer Awareness Month Annual
Disability Employment Awareness
Month
Annual
Indigenous Peoples Day
(Formally Columbus Day)
2nd Monday of
October
Bullying Prevention Month Proclamation Annual
Children's Environmental Health Day 2nd Thursday
Annual
November
Native American Heritage Month Annual
December
-

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Attachment: Calendar of Proclamations (Recognition Policy Revised) Other Proclamations (For Reference Only)
Proclamation Title Timing/Frequency Organizing Lead 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
Other
Monarch Butterfly Proclamation Requires annual
renewal, including
specific actions and
reporting

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Attachment: Calendar of Proclamations (Recognition Policy Revised) 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 July 25th, 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. 67
ADOPTED: <DATE>
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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.

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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 proclaimedmay assign the proclamation reading to another City Council member at a City Council Meeting. 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

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serves solely as an expression of the City’s official sentiment and shall not create or serve as a forum for public expression.
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 and designate the lead City Councilmember (Organizing Lead). 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 Council’s’ 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 and, providing any requested event information for public marketing. The Organizing Lead shall also inform

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the City Manager as soon as possible of any potential public safety issues as they become known.

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.

Unless authorized by the City Council, the Organizing Lead shall arrange for all other ceremonial elements.

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.

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Attachment: Exhibit A - Draft Policy for Proclomations and Ceremonial Flags (Recognition Policy Reso Revised) Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: Information received after the agenda was posted.

Date: July 25, 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].

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