Agenda packet — Cotati City Council, August 22, 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 August 22, 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/88231333170?pwd=Q255cEdUZjYyMTZjUGUxN2pNNDIwQT09 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: 882 3133 3170
Passcode: 044700
+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 August 22, 2023

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

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

Learn more at https://support.zoom.us by searching “closed captions.” Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced. • Silence electronic devices, including cell phones.
• Audience members are advised to keep conversations to a minimum or 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.

Members of the public may participate in the meeting in the Council Chambers at 201 W.

Sierra Ave, or, as a courtesy, online by pasting the following link into your web browser:
https://us02web.zoom.us/j/88231333170?pwd=q255ceduzjyymtzjuguxn2pnndiwqt09

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - AUG 8, 2023 6:00 PM Cotati City Council Agenda August 22, 2023

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

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

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org
C. 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. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI DECLARING AUGUST 26, 2023, AS WOMEN'S EQUALITY DAY

7. APPROVAL OF FINAL AGENDA (ACTION)

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

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

9. CONSENT CALENDAR (ACTION)
A. ACCEPTANCE OF THE W SIERRA AVE SEWER REPLACEMENT

PROJECT
It is recommended the City of Cotati City Council adopt a resolution accepting the W Sierra Ave Sewer Replacement Project, authorizing the City Clerk to file the Notice of Completion with the County Clerk, and authorizing the release of retention after Cotati City Council Agenda August 22, 2023

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the 35 day noticing period with no protests.

B. ACCEPTANCE OF THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ACCORDANCE WITH THE 380 BLODGETT STREET PUBLIC

IMPROVEMENT AGREEMENT
It is recommended the City of Cotati City Council accept the Public Improvements constructed in accordance with the 380 Blodgett Street Public Improvement Agreement.

C. APPROVAL OF ANNUAL STORM WATER SUPPORT SERVICES

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

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. SECOND READING AND ADOPTION OF AN ORDINANCE REZONING

7.83 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST

CORNER OF THE INTERSECTION OF ALDER AVENUE AND
GRAVENSTEIN HIGHWAY (APNS 144-050-009 &0 46-286-021) FROM COMMERCIAL, GRAVENSTEIN CORRIDOR: PLANNED UNIT
DEVELOPMENT (CG:PUD) TO COMMERCIAL, GRAVENSTEIN
CORRIDOR (CG) (PA# 23-08)
It is recommended that the City Council move to adopt an ordinance rezoning 7.83 acres of vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (APNs 144-050-009 &0 46-286-021) from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG).

B. MASTER FEE SCHEDULE UPDATE
It is recommended that the City Council of the City of Cotati adopt a resolution updating the Master Fee Schedule and charges for City services and repealing previously adopted or conflicting fees and charges for such services.

12. REGULAR AGENDA (ACTION)
A. AUGUST 2023 FINANCIAL UPDATE - REPORT FOR SUMMARY OF

REVENUE SOURCES, CASH AND INVESTMENTS
It is recommended that the City Council receive the presentation on the un-audited financial position for the City for Fiscal Year 2022/23 ending June 30, 2023.

Cotati City Council Agenda August 22, 2023

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B. APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2022 LEAGUE OF CALIFORNIA CITIES (LOCC) ANNUAL CONFERENCE It is recommended that the City Council of the City of Cotati adopt a motion appointing a voting delegate and up to two alternates to the 2023 League of California Cities (LOCC) Annual Conference

13. CITY MANAGER'S REPORT

14. CITY COUNCIL MEMBER REPORTS

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

16. CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: APN 144-274-002, 144-274-014, 144-274-015 CITY NEGOTIATOR: CITY MANAGER
NEGOTIATING PARTY: BISHOP REVOCABLE TRUST UNDER
NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF

PROPERTY

17. REPORT OUT OF CLOSED SESSION

18. 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.

19. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City's website, bulletin boards of City Hall, Veterans' Memorial Building and the SMART Train Depot, on or before August 18, 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 August 8, 2023
6:00 PM REGULAR MEETING

1. CALL TO ORDER
Mayor Harvey called the meeting to order at 6:05pm.

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 Absent
Staff present: City Attorney John Bakker, City Manager Damien O’Bid, Deputy City Clerk Kevin Patterson, Police Chief Michael Parish, Director of Public Works/City Engineer Craig Scott, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Senior Planner JP Harries.

3. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - JUL 25, 2023 6:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus
ABSENT: Rivers

5. ANNOUNCEMENTS

4.A
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Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 8, 2023

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

6. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI COMMEMORATING THE 50TH ANNIVERSARY OF KBBF
Councilmember Lemus read the proclamation.

Proclamation was accepted by Alicia Sanchez, Director of KBBF Radio Station.

7. APPROVAL OF FINAL AGENDA (ACTION)

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

Mike Strickler of Cotati
Wayne Randall of Cotati
Donna Rose of Cotati
Council directed staff to look into the matter commenters raised regarding Countryside Mobilehome Park, and notify residents when item will be agendized.

9. CONSENT CALENDAR (ACTION)

4.A
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Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 8, 2023

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus
ABSENT: Rivers
A. APPROVAL OF THE PUBLIC IMPROVEMENT AGREEMENT, AND

ACCEPTANCE OF THE ASSOCIATED DEDICATION OF EASEMENTS

FOR PUBLIC PURPOSES FOR THE COTATI HOTEL PROJECT LOCATED AT 147 ST JOSEPHS WAY
B. CONSIDERATION OF A RESOLUTION TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF INCORPORATED FOR THE

SANTERO WAY SPECIFIC PLAN REZONING PROJECT
C. APPROVAL OF SEPTEMBER 9, 2023 THE YARD MARKET EVENTS IN LA

PLAZA PARK

10. DIRECTION ON FUTURE AGENDA ITEMS
Councilmember Lemus requested a future agenda item about reading a land acknowledgement at Council meetings.

11. REGULAR AGENDA (ACTION)
A. CONSIDERATION OF A RESOLUTION APPROVING A CANNABIS

CONSUMPTION LOUNGE IN CONJUNCTION WITH THE COMMERCIAL

CANNABIS MICROBUSINESS PERMIT ISSUED TO MERCY WELLNESS
OF COTATI AT 7950 REDWOOD DRIVE (PA# 23-04).

RESULT: ADOPTED [UNANIMOUS]
MOVER: Sylvia Lemus, Councilmember
SECONDER: Ben Ford, Councilmember
AYES: Harvey, Sparks, Ford, Lemus
ABSENT: Rivers
Presentation by Senior Planner JP Harries and Brandon Levine of Mercy Wellness.

Councilmembers comment.

No public comment.

B. AWARD OF PETALUMA BOULEVARD SOUTH AND AIRPORT

BOULEVARD PARK AND RIDE PROJECT CONSTRUCTION CONTRACT

4.A
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Minutes Acceptance: Minutes of Aug 8, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 8, 2023

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

Councilmembers comment.

No public comment.

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

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

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

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

16. ADJOURNMENT
Mayor Harvey adjourned the meeting at 7:34pm.
/s/ Kevin Patterson, Deputy City Clerk

4.A
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Minutes Acceptance: Minutes of Aug 8, 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: Acceptance of the W Sierra Ave Sewer Replacement Project Date: August 22, 2023
Written by: Henry Babits,
Recommendation
It is recommended the City of Cotati City Council adopt a resolution accepting the W Sierra Ave Sewer Replacement Project, authorizing the City Clerk to file the Notice of Completion with the County Clerk, and authorizing the release of retention after the 35 day noticing period with no protests.

Background
The West Sierra Avenue Sewer Replacement Project consisted of replacing or repairing the existing sewer in West Sierra Avenue from Olof Street to Water Road. The work includes construction of sanitary sewer as well as miscellaneous demolition, trenching, bedding, backfill, sewer pipe, manholes, sewer laterals, connections to existing sewer, trench paving, temporary traffic control, notification of adjacent property owners, and other miscellaneous items of work.

Analysis/Discussion
The W Sierra Ave Sewer Replacement (Project) work has been completed and is recommended for City Council acceptance. As-Builts have been prepared and are to be archived by the Engineering Division for future reference. Most notable changes to the originally designed project was ending the sewer replacement at Cypress Avenue, and the replacement of the sewer service lateral to City Hall. The replacement sewer ended at Cypress Avenue because constraints of existing utilities from that point West to Water Road made it infeasible to perform that work.

Instead, laterals and spot repairs to the existing sewer were performed.

The construction contract was awarded on September 14, 2022, and field work began in late 2022. Final inspection was completed in early 2023, and the work was determined to be substantially completed in accordance with the Project requirements and the City Engineer is recommending the Project for acceptance by City Council. Following City Council Acceptance, a Notice-of-Completion is to be filed with the County Recorder and, after thirty-five days, if no protests ae received, the City is to release the retention to the Contractor.

9.A
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Financial Considerations
The City’s adopted Fiscal Year 22/23 budget included $1.1 million for the Project. The total spent on the Project, including the construction and construction management and inspection contracts, and other miscellaneous direct costs was $887,077.37, which is below the budgeted amount. The unspent funds will be returned to the unappropriated Sewer enterprise fund.

Environmental Issues
The Project is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to PRC Division 13 Section 21080.21 in that the project will repair subsurface pipeline facilities less than one mile in length located entirely within public streets and within public right-of-way. Environmental review did not identify any significant effects that would occur from the project.

9.A
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RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE WEST

SIERRA AVENUE SEWER REPLACEMENT PROJECT IMPROVEMENTS,

AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION

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

WHEREAS, the City of Cotati maintains, and when possible, improves the sewer system throughout the City; and
WHEREAS, the City contracted work to be performed on the West Sierra Sewer Replacement Project (“Project”); and
WHEREAS, the Project replaced and upsized the existing sewer from Olof Street to Cypress Avenue, repaired defective sections of sewer pipe and replaced sewer laterals from Cypress West to Water Road, and is a priority project identified in the City’s Master Plan to benefit existing and future sewer customers; and
WHEREAS, the Project schedule was accelerated to avoid digging up a newly paved street which was planned to be paved as part of the State grant funded street paving project named the Downtown Civic Center Connectivity and Safety Project, to occur in the Spring of 2023; and
WHEREAS, final inspection was completed on February 6th, 2023, and the work was determined to be substantially completed in accordance with the Project requirements and the City Engineer is recommending the Project for acceptance by City Council; and WHEREAS, following City Council Acceptance, a Notice-of-Completion is to be filed with the County Recorder and, after thirty-five days, if no protests ae received, the City is to release the retention to the Contractor; and
WHEREAS, the City’s adopted Fiscal Year 22/23 budget included $1.1 million for the Project and, the total spent on the Project, including the construction and construction management and inspection contracts, totaled $887,077.37, which is below the budgeted amount and the unspent funds will be returned to the unappropriated Sewer enterprise fund; and WHEREAS, the Project is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to PRC Division 13 Section 21080.21 in that the Project repaired subsurface pipeline facilities less than one mile in length located entirely within public streets and within public right of way. Environmental review did not identify any significant effects that would occur from the Project.

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

1. Finds that the above recitals are true and correct and incorporated herein by reference; and

2. Accepts the contract work performed on the West Sierra Sewer Replacement Project; and Packet Pg. 12

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

4. Authorizes the City Manager to release any remaining contract retention to Bay Pacific Pipelines, Inc. thirty-five (35) days after the recordation of the Notice of Completion, provided that no liens or stop notices have been filed against the Project.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 22nd, 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: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Acceptance of the Public Improvements Constructed in accordance with the 380 Blodgett Street Public Improvement Agreement
Date: August 22, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council accept the Public Improvements constructed in accordance with the 380 Blodgett Street Public Improvement Agreement.

Background
On September 28, 2021, the City Council accepted the recommendations of the Planning Commission and adopted resolutions approving environmental documents, an ordinance change allowing Storage-Warehouse and indoor storage with a Use Permit, and a Use Permit and Preliminary/Final Design Review for the proposed Sandell Distribution Warehouse Project (Project). Then, on March 22, 2022, the City Council approved the Public Improvement Agreement, and accepted the associated dedication of easements for public purposes for the Project. The easements have been dedicated and recorded and the public improvements completed.

Analysis/Discussion
The Project consists of a 54,064 square foot warehouse to be used by a moving and storage company with the outdoor storage of portable storage containers. As part of the entitlement process, the City required the Project dedicate land and construct a Cul-De-Sac at the West end of Blodgett Street including the public street, curb, gutter, sidewalk, streetscape and street lights.

The public improvements also include extension of the public water and sewer pipelines and storm water catch basins and pipelines. These improvements were described in the Public Improvement Agreement which is a legal document to ensure the City these improvements will be completed.

The Public Improvements are complete and a final inspection was conducted on July 10, 2023.

The City Engineer has determined the work has been completed in accordance with the Public Improvement Agreement, and associated documents, and with City standards, and is recommended for acceptance by the City. The City has received a Letter of Credit for an amount of 10 percent of the total project cost as collateral for ensuring any needed repairs over the next year are taken care of by the Developer.

9.B
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Following acceptance, the City Clerk is to record with the County Recorder’s Office the Notice of Completion (draft is attached to the resolution), and, after a 35 day period with no protests, release the Labor and Materials bond to the Developer.

Financial Considerations
The costs associated with this Project including City inspection of the public improvements, were fully recovered from the Developer through a deposit account. The cost of any needed repairs, due to faulty design or installation, for a period of one year following City acceptance, will be covered by the Developer.

Environmental Issues
On September 28, 2021, City Council adopted Resolution Number 2021-51 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sandell Distribution Warehouse Project and made the required findings pursuant to the California Environmental Quality Act.

9.B
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RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE PUBLIC IMPROVEMENTS CONSTRUCTED IN ACCORDANCE WITH THE 380

BLODGETT STREET PUBLIC IMPROVEMENTS AGREEMENT, INSTRUCTING THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION, AND AFTER 35

DAYS WITH NO PROTESTS, RELEASE THE LABOR AND MATERIALS BOND WHEREAS, on September 28, 2021, the City Council accepted the recommendations of the Planning Commission and adopted resolutions approving environmental documents, an ordinance change allowing Storage-Warehouse and indoor storage with a Use Permit, and a Use Permit and Preliminary/Final Design Review for the proposed Sandell Distribution Warehouse Project (Project); and
WHEREAS, on March 22, 2022, the City Council approved the Public Improvement Agreement, and accepted the associated dedication of easements for public purposes for the Project, and the easements have been dedicated and recorded and the public improvements completed; and
WHEREAS, the Project consists of a 54,064, square foot warehouse to be used by a moving and storage company with the outdoor storage of portable storage containers; and WHEREAS, as part of the entitlement process, the City required the Project dedicate land and construct a Cul-De-Sac at the West end of Blodgett Street including the public street, curb, gutter, sidewalk, streetscape and street lights, and the public improvements also include extension of the public water and sewer pipelines and storm water catch basins and pipelines, and these improvements were described in the Public Improvement Agreement which is a legal document to ensure the City these improvements will be completed; and WHEREAS, the Public Improvements are complete and a final inspection was conducted on July 10, 2023, and the City Engineer has determined the work has been completed in accordance with the Public Improvement Agreement, and associated documents, and with City standards, and is recommended for acceptance by the City; and WHEREAS, the City has received a Letter of Credit from the Developer for an amount of 10 percent of the total project cost as collateral for ensuring any needed repairs over the next year are taken care of by the Developer; and
WHEREAS, following acceptance, the City Clerk is to record with the County Recorder’s Office the Notice of Completion (draft is attached to the resolution), and, after a 35 day period with no protests, release the Labor and Materials bond to the Developer; and WHEREAS, the costs associated with this Project including City inspection of the public improvements, were fully recovered from the Developer through a deposit account, and the cost of any needed repairs, due to faulty design or installation, for a period of one year following City acceptance, will be covered by the Developer; and
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WHEREAS, on September 28, 2021, City Council adopted Resolution Number 2021-51 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Sandell Distribution Warehouse Project and made the required findings pursuant to the California Environmental Quality Act.

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

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

2. Accepts the Public Improvements constructed in accordance with the Public Improvement Agreement for 380 Blodgett Street; and

3. Directs the City Clerk to record the Notice of Completion with the County Recorders Office and, following 35 days with no protests, to release the Labor and Materials Bond.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 22nd, 2023, by the following vote, to wit:

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

NOC (PDF)
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After recording, return to:

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

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

1. The City Council of the City of Cotati has accepted the public improvements at the City Council meeting of August 22, 2023, for the public improvements for the 380 Blodgett Street Project. The nature of the City of Cotati’s interest, as owner, of the property is as public right-of-way.

2. The improvements were completed and deemed complete by the Director of Public Works/City Engineer on July 10, 2023.

3. The name of the original contractor for the work of improvement was Behler Construction, Inc. for a total constructed amount of $293,000.

4. The Contractor has provided the City with a letter of credit in the amount of 10 percent of the construction contract amount ($29,300) for a period of one (1) year from the date of City Council acceptance of the improvements.

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

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

Dated: _________________ ___________________________
Craig A Scott
City Engineer/Public Works Director
T:\PROJECTS\Departments\Development Projects\$Active\8145 Hwy. 116 PIA and real Prop\PIA\Close-out\NOC.doc

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Attachment: NOC (Accept 380 Blodgett Street Public Improvements) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Approval of Annual Storm Water Support Services Agreement Date: August 22, 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 Stone Creek Environmental for Storm Water Support Services Background
The City is subject to the State’s Regional Water Quality Control Board’s Waste Discharge requirements Order Number R1 2015-30 for the operation and maintenance of its municipal separate storm sewer system (a.k.a. MS4 Permit). The Order’s requirements consists of multiple tasks and responsibilities including conducting water monitoring, public outreach, reporting requirements and enforcement authority to safeguard the natural waterways in and around the City from pollution. The State allows for permittees in the same region to combine efforts. The City works together with neighboring cities and the County to regionally address the stormwater permit requirements.

Analysis/Discussion
A consultant for Cotati has been attending the monthly MS4 Co-Permittee meetings, performing all the tasks required by that group including the rotating duties of taking meeting minutes, creating and distributing the monthly agenda, and completing technical tasks as assigned.

Additionally, the consultant identifies and completes tasks for the City to ensure our continued compliance with the MS4 permit requirements. Most notably, these tasks include assistance with compiling the Annual Storm Water Report and preparation of special work and monitoring plans, assisting with gaining Regional Board acceptance of these MS4 Permit required plans, and municipal Staff training. Recent Plans include the Trash Implementation Plan, Storm Water Monitoring and Reporting Plan, and the Sediment Control Plan. Additional support services include cost recovery tasks for special inspections of private development to ensure compliance with the MS4 Permit for new development, including the proper design and functioning of Low Impact Development features.

As with Fiscal Year 22/23, the Fiscal Year 23/24 consultant scope of services are proposed to include a continuation of the tasks listed above. In addition, the scope includes moving into Phase III of its Sediment Reduction Plan which is to implement Best Management Practices

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(BMPs) identified in Phase II to control significant sediment sources and studying the effectiveness of both new and existing BMPs. The scope of services identified in the workplan includes conducting an assessment of all City owned outfalls, prioritizing findings and finalizing a summary report. The task will also include the ongoing effectiveness of BMPs used to control the discharge of sediment in storm water runoff using software specific to this purpose.

Additional description of the scope of services is contained in the attached proposal.

Colleen Hunt, owner of Stone Creek Consulting, is uniquely qualified to provide these services as she has experience with the drafting and implementation of the MS4 Permit. Colleen Hunt is a Certified Professional in Municipal Stormwater Management and brings direct regulatory compliance experience with municipal stormwater permit requirements. She has worked with dozens of municipal stormwater permittees during her time with the Regional Water Board and for the past three years as a consultant. Colleen Hunt has provided storm water assistance to the City since 2018.

Financial Considerations
The proposed fee has increased from last year’s amount of $35,720, to $38,680, mainly due to implementation of Phase III of the Sediment Reduction Workplan. A total of $50,000 was included in the adopted FY23/24 budget in the storm water department account for this purpose, so no appropriation of funds is needed. Cost recovery efforts are not included in this total as those costs are charged to the respective deposit accounts for the respective development.

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

Attachments:

Cotati Proposal for 2023 2024 (PDF)

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Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
1 www.consultingstonecreek.com
April 20, 2023
Mr. Craig Scott
City Engineer
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
Subject: Proposal for Storm Water Support Services, Fiscal Year 2023/2024 Dear Mr. Scott:

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

The City is subject to requirements of the Regional Water Board’s Waste Discharge Requirements Order No. R1-2015-0030, National Pollutant Discharge Elimination System (NPDES) Permit No. CA0025054 for discharges from the Municipal Separate Storm Sewer System (MS4) (Permit). The Permit became effective January 6, 2016, and expired on January 5, 2021. The Permit is administratively extended until the Regional Water Board renews the Permit. The Regional Water Board anticipates that the Permit will be renewed in the 2023/2024 fiscal year, although it is hard to anticipate the exact timing of the renewal. Until a new Permit is adopted, the City must continue to implement the requirements of the expired Permit.

Tasks in this proposal are to assist the City with the ongoing requirements of the expired Permit.

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

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Attachment: Cotati Proposal for 2023 2024 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
2 www.consultingstonecreek.com
Scope of Work
Task 1. Sediment Reduction Plan Implementation
Section I of the Permit requires the City to develop and implement a Sediment Reduction Plan to assess the effectiveness of Best Management Practices (BMPs) used to control sediment in storm water runoff. The City developed a workplan for this requirement that was approved by the Regional Water Board. The workplan divided the scope of work into four phases:
 Phase I Source Investigation Research
 Phase II Sediment Source Field Investigation
 Phase III Sediment Source BMP Plan
 Phase IV Progress Reporting
The City has completed Phases I and II and is in the process of implementing Phase III. The City will also have to submit a progress report with the 2022/2023 Annual Report (Phase IV). This task is to assist the City with the continued implementation of Phase III and drafting the progress report.

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

Tasks identified in the Phase III workplan for the 2023/2024 fiscal year include implementing a workplan to complete outfall inspections, and assessments to better understand the implications of sediment from aging infrastructure. Under this task, Stone Creek will assist the City with implementing the workplan. The scope of work identified in the workplan includes conducting an assessment of all City owned outfalls, prioritizing findings and finalizing a summary report.

The task will be completed as described in the workplan and is incorporated into this proposal by reference.

This task will also include conducting the ongoing effectiveness assessment of BMPs used to control the discharge of sediment in storm water runoff. This effort will continue using the 2NFORM platform to track effectiveness by calculating the water quality benefit associated with sediment load reduction. As part of this task, Stone Creek will populate the platform with new BMPs and manage the platform. This includes entering information on BMPs used to control sediment discharges, and running load reduction calculations for reporting purposes. Utilizing the data generated in the platform, Stone Creek will also develop the effectiveness assessment report for the sediment reduction plan due to the Regional Water Board by October 15, 2024.

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

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Attachment: Cotati Proposal for 2023 2024 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
3 www.consultingstonecreek.com
Task 1 Deliverables: Outfall Inspection Summary Report. Effectiveness Assessment Report.

Load reduction report for the 2023/2024 Annual Report.

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

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

Task 2. Deliverable: Electronic record of inspections.

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

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

Task 4. Annual Report
The Annual Report for the 2022/2023 reporting period is due October 15, 2023. At the beginning of the new Permit term, the Regional Water Board developed an annual report template for Permittee use. The template provides a streamlined method for annual reporting. We will assist the City with populating the template and gathering information needed for reporting. The City will need to complete sections of the report with data that is not readily available to Stone Creek to adequately complete the report. The City will be responsible for submitting the final report to the Regional Water Board.

Task 4. Deliverable: Draft Annual Report.

Task 5. Low Impact Development Maintenance Inspections
Permit Section VI.D.12. requires the City to track and inspect all new development and redevelopment projects with LID BMPs. Inspections are required to be conducted on a two-year cycle. Post-construction BMPs were last inspected in 2021 and are due again in 2023. Under this

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Attachment: Cotati Proposal for 2023 2024 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
4 www.consultingstonecreek.com
task, Stone Creek will assist the City with conducting the required LID inspections. This task will include inspecting LID BMPs to assess functionality, with particular attention to BMP maintenance including hydraulic function, failure, invasive vegetation, health of desired vegetation including herbicide overuse and excessive mowing, vector risk, trash and debris, sediment clogging, improper modifications, solids removal, pump-out, blockage, and drawdown drainage. As specified in the Permit, inspections address LID BMPs that are in the public right of way or at locations that would not require entering private property. Each inspection will be documented on an inspection checklist, which will include recommendations for follow-up, as applicable. A Technical Memorandum (TM) will be prepared with a summary of inspections completed and relevant findings. A photo record of the BMPs will be provided as part of the TM.

Task 5. Deliverable: Inspection summary.

Task 6. Coordination Meetings
The City currently participates in two coordination meetings: Co-Permittee and Regional Water Board, monthly meetings. This task is for Stone Creek to attend these meetings as a representative of the City. Stone Creek will participate in these meetings, and the scope of task includes subsequent communications with City staff on key discussion items and follow-up action items, as necessary.

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

Task 7. Trash Implementation Plan
In December 2018, the City submitted a Trash Implementation Plan (TIP) to the Regional Water Board in response to a 13383 Order issued to the City in 2017. The TIP provides an implementation strategy to comply with the State Water Board adopted Trash Provisions. The proposed strategy includes installing full trash capture systems in combination with the implementation of institutional controls to reduce the discharge of trash to surface waters. To date, the Regional Water Board has not provided comments or approved the TIP.

Full compliance with the Trash Provisions must be achieved no later than December 2, 2030.

While the TIP has not yet been approved, the City will need to start implementation of the TIP to meet the mandated compliance date. For the 2023/2024 fiscal year, the City will need to start full trash capture planning, as well as schedule other implementation tasks. This task is to assist the City with implementing these measures. The focus of the task will be assisting the City with determining initial steps for implementation, including soliciting proposals from engineering firms to conduct an assessment of Trash Management Area 1 for full capture system design.

Task 7. Deliverable: Providing assistance with TIP implementation.

Task 8. Consulting Services

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Attachment: Cotati Proposal for 2023 2024 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
5 www.consultingstonecreek.com
Throughout the duration of this contract, the City may identify additional tasks or areas where assistance is needed. This may include the need for consultation type services to discuss project requirements, advise on compliance options, review grading plans, review Low Impact Development plans, or provide other technical information. This task will be managed as an “oncall” task. The task will be used on an as needed basis, based on the City’s initiation of assistance with a task not already covered under this scope of work. Suggested on-call assistance may include:
 Education and outreach strategies
 Review of LID plans
 Russian River Pathogen TMDL planning
Task 8. Deliverable: TBD by client.

Task 9. Program Management
This task will include general project management tasks such as project schedule, managing budget, monthly invoicing, routine communications with City staff, meetings to report progress and discuss key recommendations and decisions.

Task 9. Deliverable: Invoices
Fee Estimate and Level of Effort
The Scope of Work will be conducted as described above for an estimated not-to-exceed budget of $38,680. The estimated fee and associated level of effort are summarized below.

Task Level of Effort,
hours Estimated Fee, $
Task 1. Sediment Reduction Plan 48 12,920
Task 2. Construction Site Inspections 30 4,950
Task 3. Municipal Staff Training 10 1,850
Task 4. Annual Report 10 1,850
Task 5. LID Maintenance 14 2,310
Task 6. Coordination Meetings 48 8,880
Task 7. Trash Implementation Plan 12 2,220
Task 8. On-call Consulting Services 8 1,480
Task 9. Project Management 12 2,220
Total 192 38,680
Billing rates for the estimate are provided below. Rates will be valid for the duration of the contract:

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Attachment: Cotati Proposal for 2023 2024 (Storm Water Support Services) Stone Creek Environmental Consulting
416 Aviation Blvd, Suite H
Santa Rosa, CA 95403
[email protected]
707-318-9415
6 www.consultingstonecreek.com
Technical Professional Services I $165 per hour
Technical Professional Services II $185 per hour
GIS/Mapping $195 per hour
Intern Assistance $95 per hour
Administrative Assistance/Travel $85 per hour
Quality Assurance Review $205 per hour
Direct Costs Cost + 10%
Mileage Standard Federal Rate
Any services not included in this Scope of Work will be performed only after receiving written authorization and a corresponding budget augmentation from the City.

I am looking forward to working with you on this important work. Please feel free to contact me at 707-318-9415 or [email protected] if you have any questions or would like to discuss this proposal further.

Sincerely,
Colleen Hunt, CPMSM #343
Professional Consultant

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Attachment: Cotati Proposal for 2023 2024 (Storm Water Support Services) Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Second reading and adoption of an Ordinance rezoning 7.83 acres of vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (APNs 144-050-009 &0 46-286-021) from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG) (PA# 23-08)
Date: August 22, 2023
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council move to adopt an ordinance rezoning 7.83 acres of vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (APNs 144-050-009 &0 46-286-021) from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG).

Background
The attached staff report from the June 13, 2023, City Council meeting (Exhibit B), discusses how the subject property at the northeast corner of Alder Avenue and Gravenstein Highway was rezoned in 2007 from CG (Commercial, Gravenstein Corridor) to CG:PUD (CG: Planned Unit Development) to accommodate a proposed mixed-use project. The project that required the PUD zoning was not constructed and the City-approved entitlements associated with the project have expired.

In March 2023, the City adopted its 2023-2031 City of Cotati Housing Element. Through Program 2-7 of the Housing Element, the City committed to rezoning the subject property to remove the unused PD (Planned Development) designation (see discussion below and Exhibit B).

On June 13, 2023, the City Council introduced an ordinance to rezone the property from CG:PUD to CG. The public hearing was well attended by neighbors that reside in the adjacent Cotati Cottages development located to the north. The neighbors that spoke at the hearing opposed the rezoning because of their opposition to a proposed mixed-use project on the subject parcels that the City is currently reviewing. At the hearing, the neighbors requested that the Council either deny the rezoning or delay a decision for 60 days. After deliberation, the Council decided to move forward with the first reading of the ordinance and directed staff to wait at least

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60 days before returning for the second reading and adoption of the ordinance. The Council also directed staff to further engage with the Cottage residents during those 60 days to better understand their concerns.

City staff held two well-attended neighborhood meetings at the Cottage’s community building.

The first was on Tuesday, July 18 from 6 pm to 7:30 pm, and the second was on Monday, July 24 from 4 pm to 5:30 pm. A memo highlighting the comments and concerns raised by those in attendance is attached as Exhibit A.

Analysis/Discussion
Neighborhood Meetings
Exhibit A of this staff report summarizes the concerns and comments that staff heard during the neighborhood meetings. The comments are overwhelmingly in response to a proposed project on the subject parcels. The proposed project is currently under review by the City and it is expected that public hearing(s) on the project will occur before the end of the year. The summary attached to this staff report is only intended to be informational. The concerns will be considered as the City continues its review of the project and will be addressed where it is reasonable and feasible.

Consideration of the project is not a part of this ordinance to remove the unused PUD zoning and staff has concluded that all concerns are best addressed through the project’s review or evaluating other City programs (ex. imposing a weight limit on Alder Lane to prevent large truck traffic traveling between Highway 116 and Helman Lane).

City of Cotati 2023-2031 Housing Element
As noted above, the City committed to rezoning the site to remove the project-specific PUD in its updated Housing Element. Specifically, Program 2-7 states the following:

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Section 3.2.2 of the updated Housing Element further includes the subject properties within a list of planned, approved, and pending projects for its Regional Housing Needs Allocation (RHNA) credit. The inclusion of the property on this list indicates that the City is expecting development of the property in a manner consistent with the CG zoning designation. Section 3.2.2 emphasizes this by noting again that the City will rezone the property to its original CG designation to accommodate development of the site.

Financial Considerations
The zoning change does not have a fiscal impact on the City. Staff time to prepare the zoning change was absorbed into the operating budget for the Community Development Department.

Any costs associated with the review and entitlement of a proposed project on the site will be completely covered by the project applicant.

Environmental Issues
Rezoning Assessor’s Parcel Numbers 046-286-021 and 144-050-009 from CG:PUD to CG does not alter the General Commercial Land Use Designation of the property and allows the property to be developed as envisioned in the General Plan. The action is therefore consistent with the General Plan and the Environmental Impact Report (EIR) prepared for the Cotati General Plan, adopted on March 24, 2015. The zoning change is also in conformance with specific goals and action items identified in the 2023-2031 Housing Element Update and is therefore consistent with the Addendum to the General Plan EIR in connection with the 2023-2031 Housing Element Update (SCH# 2013082037), adopted by the City Council on March 28, 2023. Pursuant to Section 15168 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review is required. Any future proposed development of the site would be subject to a project-level CEQA review.

Attachments:

Exhibit A - Comments from Neighborhood Meetings (PDF)
Exhibit B - June 13, 2023, Staff Report with attachments (PDF)

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City of Cotati
Sonoma County, California
________________________________________________________________ 201 W. Sierra Ave, Cotati, CA 94931 | (707) 792-4600 | www.cotaticity.org | @cityofcotati

MEMORANDUM
July 28, 2023
Listed below are the comments and concerns regarding the proposed Cotati Village project that were raised at the neighborhood meetings held at the Cottages Community Building on July 18 and July 24.

1. Concerns over increased Ford Lane traffic volumes, including potential use as a “cutthrough” street to access W. Cotati Ave intersection were voiced by several residents.

Several requests for traffic safety mitigation measures to be installed along Ford Lane were made, potentially including speed bumps, limited access between Ford Lane and the Villages site, traffic calming measures be included in the improvements along the southern side of Ford Lane.

2. Several residents asked if a different zoning could be applied to Cotati Village site instead of the CG zoning. Staff noted that any other zoning would conflict with the General Plan.

3. “Per 2020 Census data,” Cotati or Sonoma County (unclear which) emergency response times is 66% of average” and new residents will impact this response time further.

4. Concerns over increased traffic on Alder and safety impacts associated with increased volume were raised by several residents. “Alder is substandard and dangerous.” Several residents want sidewalks and bike lanes on both sides and increased police patrols.

5. Residents requested the design be revised to relocate trash enclosures further away from Ford Lane.

6. Concerns over scale and massing of proposed 3-story apartment buildings and their proximity to 2-story cottages were voiced by multiple residents.

7. Various concerns over apartment home (rental) vs. single family home (ownership) and impacts to Cottages residents and property values were voiced by multiple residents.

8. Concerns were raised regarding the parking easement along Ford Lane. Some felt the easement change from a 15-foot easement to an 8-foot easement was not properly initiated in 2004 because the residents living in the Cottages at the time did not vote on the change. Others felt “2003 15-foot Easement and 2004 8-foot Easement dimensions are meant to be additive for a total of 23-feet, not one replacing the other”.

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Attachment: Exhibit A - Comments from Neighborhood Meetings (Cotati Village Rezone - 2nd Reading) City staff committed to a legal opinion on this proposition/issue and the other easement rights from the City Attorney be presented to decision makers with the project analysis.

9. Cottages residents asked if Alder Avenue can have a weight limit and exclude semi-truck traffic? Staff committed to exploring this request.

10. The section of Alder Avenue in the County needs significant improvement/maintenance.

11. Cottages residents identify that the bridge at Alder/Helman intersection is a pinch-point and creates a dangerous intersection.

12. Residents requested some type of separation between Cottages project and proposed Village project on the south side of Ford Lane. This includes rearranging the parking so that Village residents park on Village property and not Ford Lane.

13. Some residents asked if the density of the project could be reduced.

14. Cottages residents are interested in access to some amenities as were to be included in the previous Cotati Cottages project approval.

15. Cottages residents are interested in the 36 non-exclusive, night and weekend spaces identified in the existing easements be made exclusive and permanent parking spaces for Cottages residents. City staff communicated that, based on the dimensions and other technical aspects of the easement, staff finds that 22 spaces would be a fair number of spaces to dedicate to Cottages residents in-lieu of the 36 non-exclusive spaces currently identified in the easement language.
******

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Attachment: Exhibit A - Comments from Neighborhood Meetings (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit A - Comments from Neighborhood Meetings (Cotati Village Rezone - 2nd Reading) Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Consideration of an Ordinance rezoning 7.83 acres of vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (APNs 144-050-009 &0 46-286-021) from Commercial, Gravenstein Corridor:

Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG) (PA# 23-08)
Date: June 13, 2023
Written by: Jon-Paul Harries, Senior Planner
Recommendation
It is recommended that the City Council move to introduce an ordinance rezoning 7.83 acres of vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (APNs 144-050-009 &0 46-286-021) from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG).

Background
The Community Development Department staff propose to rezone 7.83 acres of vacant land located at the northeast intersection of Alder Avenue and Gravenstein Highway (Highway 116) from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG). The action would eliminate the current project-specific zoning that was created to accommodate a former unconstructed planned unit development (PUD) and restore the historic CG zoning.

On June 13, 2007, the City Council approved a mixed-use development project on 7.83 acres of unaddressed vacant land located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway (Highway 116). The project, called the “Village at Cotati Commons,” included 43 small lot detached residences, three two-story commercial/office buildings, a pool and recreation building, and a park. The approved entitlements associated with the project included adoption of a CEQA document, a Vesting Tentative Subdivision Map, Design Review, and an Ordinance (see Exhibit A) that rezoned the property from Commercial, Gravenstein Corridor (CG) to Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD).

In 2008, progress on implementing the project was put on hold due to the impact the nationwide financial crisis had on housing and office space demand. Since then, the City approved several extensions of the subdivision map and reapproved the design review entitlement in 2019.

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading) However, currently both the Design Review approval and the Vesting Tentative Map have expired, and the project proponent has indicated that they do not wish to pursue the project.

While the subdivision map and design review approval have expired, the PUD zoning was created through a legislative act of the City Council and does not expire. The CG:PUD zoning can only be amended or eliminated by an ordinance of the City Council.

Figure 1: Rezone Map
Analysis/Discussion
As noted above, the site is currently zoned CG:PUD because it was rezoned as part of the City’s approval of a proposed PUD. PUDs are both a type or form of development and a zoning classification. PUDs allow for the mixing of uses and alternative development standards that otherwise may not be permitted. As shown in Exhibit A, Ordinance 799 defined very specific zoning and development standards for the subject property that were tailored to the old “Village at Cotati Commons” project. These standards included the precise number of residential units and commercial buildings, the number of lots, the amount of land coverage, differing yard setbacks and structure heights for the various buildings, parking requirements, landscape standards, energy efficiency measures, street and parking lot design standards, and allowable uses.

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading) The PUD zoning restricts the type of development that can allowed on the site because the PUD zoning creates very defined development standards that are tailored to a specific project. If an approved PUD is not constructed, it is in the City’s interest to remove the project-specific PUD zoning and restore the underlying zoning so that the property can be developed in the manner envisioned by the General Plan. The Cotati General Plan identifies the land use of the property as General Commercial (GC). The General Commercial land use designation provides for basic business and service needs of the local community, including shopping centers, neighborhoodoriented retail, and highway-oriented commercial uses. Office and mixed-use multifamily residential land uses are also appropriate in the General Commercial district.

City of Cotati 2023-2031 Housing Element Update
In March 2023, the Cotati City Council adopted the 2023-2031 City of Cotati Housing Element Update. The Housing Element, which is a component of the Cotati General Plan, is a detailed statement of the housing goals, policies, programs, and quantified objectives for the City. A significant required piece of the Housing Element is the identification of suitable and adequate sites with capacity to fulfill the City’s fair share of regional housing needs, as determined by the Association of Bay Area Governments’ (ABAG) Regional Housing Needs Assessment (RHNA).

Section 3.2.2 of the updated Housing Element identifies the subject site as a pending housing development site (Cotati Village). The updated Housing Element further notes that to facilitate development of this site, the City is committed to rezoning the site to remove the unused PUD designation and return it to its original CG designation. This commitment also furthers Housing Element Program 2-7: Support Development of Proposed Projects.

Planning Commission – May 15, 2023
The Planning Commission reviewed the proposed zoning change at a well-attended noticed public hearing on May 15, 2023, and voted (3-2) to recommend City Council adoption of the Ordinance to rezone the property from CG:PUD to CG (see Exhibit B). The primary discussion points were in response to the comments raised by neighbors of the property that live within the Cotati Cottages development to the north. The neighboring residents that spoke at the meeting were unanimous in their opposition to the rezoning ordinance and cited several reasons:

1. Disappointment that the former Village at Cotati Commons project was not constructed.

Several people noted that the promise of the project, including its park and recreation facilities, contributed to their decision to purchase property in the Cottages development.

2. Concerns with the developer and existing parking easements.

3. Concerns over the proposed density and housing product (single family homes vs. apartments) of a project on the site that the City is currently reviewing.

4. Concerns about traffic and parking impacts from the remodeled commercial buildings at the northwest corner of the intersection of Alder and Gravenstein Highway, as well as any future project that would exceed the density of the former Village at Cotati Commons project.

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading) In response, staff noted that the City cannot force construction of a previously entitled project and that the City committed to removing the PUD zoning in its Housing Element. Any future project would need to conform to the standards for CG zoning, which would be the same standards as all the surrounding properties. Staff also noted that City staff were still reviewing a proposed project on the site and that the project itself was not on the agenda for discussion or consideration. Staff did note that they were aware of and shared some of the concerns raised by the neighbors, and that those items were being reviewed and discussed with the developer.

Any costs associated with the review and entitlement of a proposed project on the site will be completely covered by the project applicant.

Attachments:

Exhibit A - Ordinance 799 (PDF)
Exhibit B - PC Resolution PC-2023-6 (PDF)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading)

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading) RESOLUTION NO. PC - 2023 - 6

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COTATI

RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE
REZONING 7.83 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF GRAVENSTEIN HIGHWAY (HIGHWAY 116) AND ALDER AVENUE (APNS 144-050-009 & 046-286-021) FROM COMMERCIAL, GRAVENSTEIN CORRIDOR: PLANNED UNIT DEVELOPMENT (CG:PUD) TO COMMERCIAL, GRAVENSTEIN CORRIDOR (CG) (PA# 23-08)
WHEREAS, on June 27, 2007, as part of the City’s approval of a proposed development called The Village at Cotati Commons, the City Council adopted Ordinance No. 799, which rezoned

7.83 acres of land located at the northeast corner of Alder Avenue and Gravenstein Highway (APNs 144-050-009 & 046-286-021) from Commercial, Gravenstein Corridor (CG) to Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD); and WHEREAS, the Planned Unit Development (PUD) zoning, adopted in 2007, established development standards for the subject parcels that were specific to the proposed Village at Cotati Commons project, and included components such as the exact number and placement of commercial and residential units, recreation facilities, lot coverage, building height, yard setbacks, parking standards, landscaping, energy efficiency, street design standards, parking lot standards, and allowable uses; and
WHEREAS, all related entitlements for the proposed Village at Cotati Commons project including Design Review, Conditional Use Permit, and tentative subdivision map have expired and the project proponent no longer wishes to pursue the Village at Cotati Commons project; and WHEREAS, on March 28, 2023, the City adopted its 2023-2031 Housing Element Update, which identifies the subject parcels as a Housing Opportunity Site that can assist the City in meeting its housing goals if developed; and
WHEREAS, the removal of the PUD zoning on the subject parcels is necessary to implement the objectives of the 2023-2031 Housing Element Update and the City desires to remove the project-specific PUD zoning and restore the underlying historic CG zoning.

WHEREAS, on May 15, 2023, the Planning Commission held a duly noticed public hearing to consider public testimony on the proposed rezoning, received the staff report and reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding rezoning prior to taking action on the item.

WHEREAS, the Record of Proceedings ("Record") upon which the Planning Commission bases its decision regarding the rezoning includes, but is not limited to: (1) the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3); (2) the Cotati Municipal Code;

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading) (3) the City of Cotati General Plan and its related Environmental Impact Report (EIR), adopted on March 24, 2015; (4) the City of Cotati 2023-2031 Housing Element Update and its related Addendum to the City of Cotati General Plan EIR, adopted by the City Council on March 28, 2023; (5) all staff reports, city files, records, and other documents prepared for and/or submitted to the Planning Commission related to the adoption of the zoning amendment t; (6) all documentary and oral evidence received at the public hearings or submitted to the City during the comment period on the Project; and (7) all other matters of common knowledge to the Planning Commission, and the City, including, but not limited to, City, state and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City and its surrounding areas.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Cotati does hereby find and resolve as follows:

1. Recitals
The foregoing recitals are true and correct and are incorporated into the findings herein.

2. General Plan Conformity
The Planning Commission finds that removing the PUD-specific zoning allows for development of the property in conformance with the General Commercial (GC) Land Use Designation of the subject parcels as identified in the General Plan and is therefore consistent with the General Plan.

3. Compliance with the California Environmental Quality Act.

The Planning Commission does hereby find that the Ordinance to rezone Assessor’s Parcel Numbers 046-286-021 and 144-050-009 from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG) is consistent with the EIR for the Cotati General Plan and the Addendum to the General Plan EIR in connection with the 2023-2031 Housing Element Update (SCH# 2013082037), and pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City of Cotati Planning Commission forwards its recommendation to the City Council to rezone the 7.83 acres of vacant land located at the northeast corner of Alder Avenue and Gravenstein Highway (APNs 144-050- 009 & 046-286-021) from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG) to as provided in the draft Ordinance attached to this Resolution (Exhibit A).

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the Planning Commission of the City of Cotati held on the May 15th, 2023, by the following vote, to wit:

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading) RESULT: ADOPTED [3 TO 2]
MOVER: Ed Gilardi, Vice Chair
SECONDER:Kimberlyn Moffet, Commissioner
AYES: Kimberlyn Moffet, Ryan Long, Ed Gilardi
NAYS: John T. Savage, Shelley Berman
Approved:________________________________
Chair
Attest:____________________________
Carla Duncan, Admin. Secretary

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Attachment: Exhibit B - June 13, 2023, Staff Report with attachments (Cotati Village Rezone - 2nd Reading) ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI REZONING

7.83 ACRES OF VACANT LAND LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF GRAVENSTEIN HIGHWAY (HIGHWAY 116) AND ALDER AVENUE (APNS 144-050-009 & 046-286-021) FROM COMMERCIAL, GRAVENSTEIN CORRIDOR: PLANNED UNIT DEVELOPMENT (CG:PUD) TO COMMERCIAL, GRAVENSTEIN CORRIDOR (CG) (PA# 23-08)
WHEREAS, on June 27, 2007, as part of the City’s approval of a proposed development called The Village at Cotati Commons, the City Council adopted Ordinance No. 799, which rezoned 7.83 acres of land located at the northeast corner of Alder Avenue and Gravenstein Highway (APNs 144-050-009 & 046-286-021) from Commercial, Gravenstein Corridor (CG) to Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD); and WHEREAS, the Planned Unit Development (PUD) zoning, adopted in 2007, established development standards for the subject parcels that were specific to the proposed Village at Cotati Commons project, and included components such as the exact number and placement of commercial and residential units, recreation facilities, lot coverage, building height, yard setbacks, parking standards, landscaping, energy efficiency, street design standards, parking lot standards, and allowable uses; and
WHEREAS, all related entitlements for the proposed Village at Cotati Commons project including Design Review, Conditional Use Permit, and tentative subdivision map have expired and the project proponent no longer wishes to pursue the Village at Cotati Commons project; and WHEREAS, the City’s 2023-2031 Housing Element Update identifies the subject parcels as a Housing Opportunity Site that can assist the City in meeting its housing goals if developed; and
WHEREAS, on May 15, 2023, the Planning Commission held a duly noticed public hearing to consider public testimony on the proposed rezoning, received the staff report and reviewed a presentation from the Planning Division, considered all oral and written comments submitted to the City regarding rezoning prior to taking action on the item; and voted (3-2) to recommend City Council adoption of the Ordinance to rezone the property from CG:PUD to CG; and
WHEREAS, on June 13, 2023, the City Council of the City of Cotati held a duly noticed public hearing to consider public testimony on the proposed rezoning, received the staff report and reviewed a presentation from the Planning Division, considered all oral and written comments submitted to the City regarding rezoning prior to taking action on the item; and WHEREAS, the City desires to remove the project-specific PUD zoning and restore the underlying historic CG zoning.

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

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SECTION 1. Recitals Made Findings.

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

SECTION 2. Rezoning.

The zoning classification for Assessor’s Parcel Numbers 046-286-021 and 144-050-009, located at the northeast corner of the intersection of Alder Avenue and Gravenstein Highway, is hereby changed from Commercial, Gravenstein Corridor: Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG), as depicted in Exhibit A to this Ordinance.

SECTION 3. General Plan Conformity.

The City Council finds that removing the PUD-specific zoning allows for development of the property in conformance with the General Commercial (GC) Land Use Designation of the subject parcels as identified in the General Plan and is therefore consistent with the General Plan.

SECTION 4. Record.

The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: (1) the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3); (2) the Cotati Municipal Code; (3) the City of Cotati General Plan and its related Environmental Impact Report (EIR), adopted on March 24, 2015; (4) the City of Cotati 2023-2031 Housing Element Update and its related Addendum to the City of Cotati General Plan EIR, adopted by the City Council on March 28, 2023; (5) all staff reports, city files, records, and other documents prepared for and/or submitted to the Planning Commission related to the adoption of the zoning amendment; (6) all documentary and oral evidence received at the public hearings or submitted to the City during the comment period on the Project; and (7) all other matters of common knowledge to the Planning Commission, and the City, including, but not limited to, City, state and federal laws, policies, rules, regulations, reports, records, and projections related to development within the City and its surrounding areas.

SECTION 5. Compliance with the California Environmental Quality Act (CEQA).

The City Council of the City of Cotati does hereby find that the Ordinance to rezone Assessor’s Parcel Numbers 046-286-021 and 144-050-009 from Commercial, Gravenstein Corridor:

Planned Unit Development (CG:PUD) to Commercial, Gravenstein Corridor (CG) is consistent with the EIR for the Cotati General Plan and the Addendum to the General Plan EIR in connection with the 2023-2031 Housing Element Update (SCH# 2013082037), and pursuant to Section 15168 of the CEQA Guidelines, no further environmental review is required.

SECTION 6. Construction and severability.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of Packet Pg. 52
this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 7: Effective date.

This ordinance shall take effect thirty (30) days after its adoption pursuant to the California Government Code.

SECTION 8: Publication.

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

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk
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Exhibit A
Rezone Map
APNs: 046-286-021 & 144-0560-009 are rezoned to:

Commercial, Gravenstein Corridor (CG)

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Attachment: Exhibit A: Rezoning Map (Cotati Village Rezone - 2nd Reading) Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Master Fee Schedule Update
Date: August 22, 2023
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council of the City of Cotati adopt a resolution updating the Master Fee Schedule and charges for City services and repealing previously adopted or conflicting fees and charges for such services.

Background
The City of Cotati has historically maintained a policy of recovering the cost of providing miscellaneous City services and regulatory activities so that the costs are borne by the direct beneficiaries of the services and regulatory activities, rather than by the City's General Fund.

Annually, City staff are directed to update the Fees in accordance with Cotati Municipal Code

3.42. Notice of the Council's consideration of the updated Master Fee Schedule and fee changes has been provided in compliance with applicable law. As also required by the Mitigation Fee Act, the City's information and cost data supporting the fee increases has been made available to the public at the City Clerk's office ten days in advance of this meeting.

Analysis/Discussion
Following the update to the fee schedule in 2022, in practice, staff have found some areas of the fee schedule need updates. Additionally, most of the fees in the schedule have been adjusted based on the San Francisco Bay Area CPI April index, in accordance with Cotati Municipal Code 3.42, which for 2023 was 4.2% and in some cases, the construction cost index (CCI). In certain cases, typically around document production and copying, the fees are set by statute and are not adjusted. These changes have been shown in the updated fee study, shown in tracked changes. In addition to the CPI and CCI adjustments, the following changes were made:
• Mechanical, Electrical, Plumbing (MEP) Permits. A new category of fee was added to allow a simple percentage to calculate the fee when this work is included as part of other work under a building permit, while retaining the fee schedule for MEP work only.

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• Tree Replacement In-Lieu Fee. This fee is used when it’s infeasible or undesirable to replace a tree that is removed. The fee is intended to cover the cost of planting a new tree in the City at a different location, including establishment maintenance. The cost is reduced to ensure it is not cost prohibitive and encourages compliance with the tree removal permitting.
• Downtown Specific Plan Recovery Fee. This fee was previously adopted with the approval of the Downtown Specific Plan (DSP) but is being consolidated on the master fee schedule. The fee is intended to fund updates and revisions to the DSP. • ADU Bed Tax and Traffic Impact Fee. These impact fees may be charged to ADU’s greater than 750 square feet in size, provided that they are proportional. Therefore, both fees are reduced from the base residential fees.
• Medium Events. Removed medium events from the permit options, because it was listed as the same size as small events so it was no longer needed. • Camp Fees. Changed camp fees from week to day because we will have some camps that are 3 days a week, some that are 4 days a week, and some that are 5 days a week so we wanted a better way to price the program appropriately. • Program Cancellation Policy. Updated the program cancellation policy to allow for more time to fill spaces from those who cancel close to the start date of the program or event. • Long Term Classroom Rentals. Added a discount for longer term rentals to encourage booking in advance and return customers.

Most proposed fees have a recovery level of 100% of the estimated reasonable cost of providing the related services; that is, full recovery. However, as noted above, staff recommends that several fees recover less than full cost because the underlying services provide a benefit to the public at large, or for other social, safety or welfare purposes.

The City’s updated Master Fee Schedule being recommended to Council is intended to provide clarity and transparency to the public and staff. This schedule is to supersede the previously adopted fee schedules and is intended to be updated periodically for any identified missing fees.

Financial Considerations
The fiscal impact from the proposed fee schedules is difficult to determine and will be driven by utilization of the related services. However, the proposed fee schedule is intended improve overall the City’s recovery of costs incurred providing it the ability to stretch other resources further for the benefit of the public at-large.

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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 UPDATING THE

MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES AND

REPEALING PREVIOUSLY ADOPTED AND CONFLICTING FEES AND CHARGES FOR SUCH SERVICES.

WHEREAS, the City Council of the City of Cotati (“City”) has maintained a policy of recovering up to the full cost of providing miscellaneous voluntary City services and regulatory activities from those persons utilizing them, so that such costs are borne by the direct beneficiaries of such services and regulatory activities rather than by the City General Fund, pursuant to applicable law; and
WHEREAS, the City Council adopted a comprehensive update of the City’s schedule of such services and regulatory activities by Resolution No. 2022-60 on the 27th day of September 2022; and
WHEREAS, annually, City staff are directed to update the Fees contained in Exhibit “A” in accordance with Cotati Municipal Code 3.42
WHEREAS, in adopting the fees and charges for City services as set forth in this Resolution, the City Council is exercising its powers under Article XI, Section 7 of the California Constitution, Section 66014 of the California Government Code, and other applicable law; and
WHEREAS, none of the fees and charges set forth in the Fee Schedule adopted by this Resolution is a “tax” as defined in Section 1, paragraph (e) of Article XIIIC of the California Constitution because such fees and charges are imposed for a specific benefit conferred or privilege granted directly to the payer that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product; such fees and charges are imposed for a specific government service or product provided directly to the payer that is not provided to those not charged, and which does not exceed the reasonable cost to the local government of providing the service or product; and/or such fees and charges are imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections and audits, enforcing agricultural marketing orders and the administrative enforcement and adjudication thereof; and/or such fees and charges are imposed as a condition of property development; and WHEREAS, in accordance with Government Code Section 50076, fees and charges that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of the Government Code; and
WHEREAS, in accordance with Government Code Section 65909.5, reasonable city fees for the processing of use permits, zone variances, or zone changes shall not exceed the amount reasonably required to administer the processing of such permits, zone variances or changes; and WHEREAS, in accordance with the Government Code Section 66016, the fees contained in the Fee Schedule and the basis for calculating such fees constitute cost data supporting the fee increases and new fees and charges, and such cost data was available for public review and comment for ten days prior to the public hearing at which this Resolution was adopted; and WHEREAS, 10 days advance notice of the public hearing at which this Resolution was Packet Pg. 58
adopted was given by publication in accordance with Section 6062 of the Government Code; and WHEREAS, it is the intention of the City Council to adopt a schedule of fees and charges, which updates certain existing fees and charges, and/or establishes certain new fees and charges based on the City's budgeted and projected costs of providing such services; and WHEREAS, the schedule of fees and the total amounts thereof, described in Exhibit "A," which is attached to and made a part of this Resolution, are hereby determined to be reasonable in that the amounts thereof do not exceed the estimated reasonable costs of providing the services for which the charges and fees are made.

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

Section 1. Findings. The following findings are true and correct and adopted as the findings of the City Council:

A. The purpose of the fees and charges set forth in Exhibit "A" of this Resolution is to recover up to the full, lawfully recoverable costs incurred by the City in providing various City services, and such fees and charges are not levied for general revenue purposes.

B. After consideration of the data and information regarding the costs of providing services relating to all fees and charges subject to this Resolution, including the Fee Schedule, Staff Billing Rates, all testimony received orally or in writing at or before the noticed public hearing, the agenda report and the background documents to the agenda report and all correspondence received (together, “Record”), the City Council of the City of Cotati approves and adopts the methods and basis of calculations of the fees and charges identified in Exhibit “A” as establishing the reasonable estimated cost of providing such services or activities.

C. Adoption of the fees and charges set forth in Exhibit "A" of this Resolution is intended to recover costs necessary to maintain such services within the City within existing service areas and is not a “project” within the meaning of the California Environmental Quality Act ("CEQA") pursuant to 14 California Code of Regulations ("CEQA Guidelines") section 15378(b)(4) (the creation of government funding mechanisms or other government fiscal activities which do not involve any specific commitment to any specific project which may result in a potentially significant impact on the environment); and/or CEQA Guidelines section 15273 (statutory exemption for rates, tolls, fares and charges within an existing service area); and/or CEQA Guidelines section 15061(b)(3) (“common sense” general exemption where there is no possibility the activity in question may have a significant effect on the environment).

D. The Record establishes that the costs listed in the Fee Schedule and the staff rates applicable to those fees and charges which are to be increased and/or established as costs incurred by the City in providing City services are reasonable estimates of the cost of providing such services, and that the revisions recommended to existing fees for such services are necessary to recover the reasonable, estimated cost of providing such services.

Section 2. Fee Schedule Adoption. The fee amounts that result from the application of the methods and basis of calculation of the Fees identified in Exhibit “A” to current staff billing rates specified for services and activities subject to such fees are hereby imposed on the services or activities subject to such Fees at the time such services or activities are sought and/or performed by the City or its designated contractors.

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Section 3. Separate Fee for Each Process. All fees set by this Resolution are for each identified process or service; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such units.

Section 4. Adoption of Fees.

A. Definitions.
(1) “Applicant” shall mean any person required by the Cotati Municipal Code or other applicable law to apply to the City seeking a permit or other approval or services or to file documents, including, but not limited to, maps, concerning proposed Development Projects within the City. “Applicant” shall also mean any person who: (i) is permitted by the Cotati Municipal Code or other applicable law to apply to the City seeking a permit or other approval or services or to file documents, including, but not limited to, maps, concerning proposed Development Projects within the City and who (ii) actually applies to the City seeking such permit or other approval or services or files such documents. (2) “Development Projects” shall mean the construction, alteration or addition, other than by the City, of any building or structure within the City, and any use of land, other than by the City, including, but not limited to, subdivision of land, within the City that is subject pursuant to the Cotati Municipal Code or other applicable law to first seeking and obtaining from the City a permit or other approval or services or to first filing documents, including, but not limited to, maps with the City.
(3) “Fees” shall mean the charge or charges imposed on members of the public or Applicants to recover the costs incurred by the City in providing City services to any member of the public and development related services to Applicants.

B. Services Fees Imposed.

Fees shall be imposed on and paid by members of the public and Applicants at the times, and in the amounts, and otherwise apply and be administered as prescribed in this Resolution.

The City shall accept for processing no applications or other filings that are subject to payment of Fees without the fee required pursuant to this Resolution.

C. Time for Payment of Fees.

The estimated Fees applicable to members of the public and Applicants subject to payment of Fees shall be deposited and/or be paid, upon a member of the public or an Applicant seeking or being required to seek a permit or other approval or services or filing documents, including, but not limited to, maps, concerning or related to City services and/or proposed Development Projects within the City, and upon notice from the City that a deposit for future processing is required.

D. Fee Amounts.

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The fee amounts shall be as specified in the Fee Schedule attached as Exhibit A to this Resolution. The total Fees applicable to any City services or Development Projects that require payment of multiple Fees shall be the sum of all such Fees.

E. Use of Fee Revenue.

The revenues raised by payment of the Fees shall be used to fund the estimated reasonable cost of providing the services for which the Fees are charged, and the fee revenues shall not be used for general revenue purposes. Fees shall be applied against the cost of providing the services for which the fees are charged. The City shall maintain a record of direct and indirect costs of providing services for City services and Development Projects subject to the deposit.

F. Deposit Maintenance.

Applicants subject to Fees in the form of a deposit must maintain minimum deposit balances in accordance with this resolution and any corresponding deposit agreement.

G. Refund of Unused Deposit Balances.

Fees other than deposit amounts are not subject to refund. If a fund balance remains in the deposit for a Development Project, and the City services for such Development Project are completed and all City service costs paid from such deposit, the remaining deposit balance shall be refunded, without interest, to the Applicant.

Section 5. Subsequent Analysis and Revision of the Fees. The fees and charges set forth herein are adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the fees and charges for City services should be revised. When additional information is available, the City Council may review the fees and charges to determine that the amounts do not exceed the estimated reasonable cost of providing the services for which the fees and charges are charged.

Section 6. Adjustment. Annually, City staff are directed to update the Fees contained in Exhibit “A” in accordance with Cotati Municipal Code 3.42. If the fees are no longer adequate to recover the reasonable estimated cost of providing such services and regulatory activities, staff are directed to return to the City Council with a new staff analysis and proposed Fee calculations for consideration and possible adoption by the City Council.

Section 7. Effective Date. This Resolution shall become effective 60 days following adoption. In accordance with Government Code Section 66017, all new and/or increased fees and charges upon a development project, as defined in Government Code Section 66000, which apply to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use shall be effective no sooner than 60 days following the effective date of this Resolution.

Section 8. Repealed. These Fees and charges shall supersede the fees previously established and adopted by the City Council. All previously adopted and conflicting fees and charges and all resolutions, including, but not limited to, Resolution No. 2022-60 and other Packet Pg. 61
actions of the City Council are hereby repealed to the extent they conflict with the contents of this Resolution.

Section 9. Severability. The individual fees and charges set forth in Exhibit "A" of this Resolution and all portions of this Resolution are severable. Should any of the fees or charges or any portion of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees, charges and/or Resolution portions shall be and continue in full force and effect, except as to those fees, charges, and/or Resolution portions that have been adjudged invalid. The City Council of the City of Cotati hereby declares that it would have adopted each of the fees and charges set forth in Exhibit "A" of this Resolution, and this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more of the fees, charges, or sections, subsections, clauses, sentences, phrases or other portions of this Resolution may be held invalid or unconstitutional.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the August 22nd, 2023, by the following vote, to wit:

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

Exhibit A Master Fee Schedule (DOCX)
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September 2022
Master Fee Schedule

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 1
Contents
Administrative Services Fees....................................................................................................................................................2 Building and Development Fees..............................................................................................................................................65 Cannabis Permit Fees..........................................................................................................................................................1817 Public Safety Fees...................................................................................................................................................................22 Park, Recreation and Facilities Fees .......................................................................................................................................28 Document Version/Location:

C:\Users\dobid\Documents\Work Files\City Council Meetings\Fee Updates\Fees\Master Fee Schedule FINAL 11.2022.docx

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022
2 Administrative
Services Fees

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 3

ADMINISTRATIVE SERVICES
Fee Name Fee Unit /
Type Fee Deposit
Water Meter Test Charge
On-site each $104.00
3rd party
City Administrative Fee each $1004.00
Consultant Fee actual cost Actual Cost
New Water Account
Owner deposit $200
Renter deposit $200
Backflow Device
Annual Administration
Annual Monitoring Administrative Fee per year $8077
City Tested Devices
City Staff Testing Administration per year $8077
3rd party provider/contractor actual cost actual Cost
New Device
City Staff per device $32108
3rd party provider/contractor actual cost actual Cost

Water Test Fee
City Administrative Fee each $21405.36
Consultant Fee actual cost Actual Cost
Bill Delinquency Charge per bill $210.00
Return Check Fee (California Civil Code section 1719(a)) First Returned Check per check $2565.00
Each Additional Check per check $3556.00
Delinquent Account Reconnection Charge each $520.00
Inspection of Modification of Service
City Administrative Fee per service $36550.00
Consultant Fee actual cost Actual Cost
Fire Hydrant Meter
Meter Deposit deposit $1,2500.00
Usage Deposit deposit Est. Cost of Temp
Service in Advance
City Administrative Fee per month $520.00
Water Usage actual cost Actual Cost
After Hours Turn-On Fee each $1560.00
Penalties
Greater of $15 or current
LAIF interest for
penalization period

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 4

ADMINISTRATIVE SERVICES
Fee Name Fee Unit /
Type Fee Deposit
Tampering Fee
First occurrence each $1560.00
Each subsequent occurrence each $62500.00
For services requested of Administrative Services City staff which have no fee listed in this fee schedule, the City Manager of the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this
department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.
hourly $16054.020
¹ When water service is discontinued for non-payment of bills, the City will apply a $25 26 non-refundable fee to the delinquent account. The City may demand that the full amount of the delinquent bill, any subsequent bills, as well as any applied fees, be paid in full before service is restored. Additionally, a non-refundable after-hours fee of $10056 is payable for service requests outside City Hall business hours as stated at footnote 2. ² For after-hours water service (turn-on/service), a $100 156 non-refundable fee plus any account balance due, as noted in footnote 1 above, is to be paid at the Cotati Police Department before the Public Works Department will be called out.

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 5

GENERAL ADMINISTRATIVE FEES
Fee Name Fee Unit / Type Deposit
Copy Fees

8.5" x 14" or smaller per page $0.10
Oversize documents, or documents requiring special processing each
Actual Cost
Electronic copy (readily available) each No Charge
Electronic Copy (requiring data compilation, extraction, or programming to produce the record) each
Actual Cost
CD Copy each Actual Cost
DVD Copy each Actual Cost
USB Drive Copy each Actual Cost
Solicitor Permit
501 (c) (3) each $320.6700
All others - Blanket Permit each $320.6700
Identification card each $320.6700
Subpoena
Deposition Subpoena per day
$275 per day as deposit in
advance, plus actual cost.

GC §6809.1; §68097.2
Records Subpoena per request $15.00
For services requested of General Administrative City staff which have no fee listed in this fee schedule, the City Manager of the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application. hourly $128.002.69
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Building and Development Fees

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ImportantInformation on Fees
If you are submitting an application for building permit or review by planning or engineering, you will be required to pay various fees associated with review and processing of your application(s). The following information is provided as a guide, but the specific circumstances of your application may result in multiple fees being assessed. Please ensure that you have a complete understanding of the various fees that may apply to your application before you submit. Most building permit costs are onetime fees while planning and engineering reviews are completed on a full cost recovery basis with initial deposits. The time to review, and therefore the cost, varies by complexity of the project, completeness of the information provided and applicant responsiveness. Building fees based on the valuation and details of your project and are due at time of permit issuance with some deposits due at application if outside plan check or inspection services are required. The vast majority of amounts listed in the Planning and Engineering sections are deposits unless otherwise noted as a fee and are due at time of application. Applicants are responsible for actual costs incurred including consultant costs and staff costs at fully burdened rates. For requested services of City staff for which no fee is listed in the Fee Schedule, the Director or Directors of the department or departments whose services are requested shall determine the appropriate fee based on current hourly rates of staff.

Please also note that the Cotati-Rohnert Park Unified School District and the Rancho Adobe Fire Protection District may also levy fees on your project. Those fees are not included here. You should contact those agencies directly to determine if additional fees apply.

If you have questions about fees that may apply to your project, please feel free to contact the Community Development Department at 707-665-3637.

Adopting Ordinancces/Resolutions
Fee for services, Ordinance 692
Master Fee Schedule, eff. 07/27/2021 (Reso No. 2021-37) Traffic Impact Fees, eff. 10/27/15 (Ord. 858, Reso 2015-71) Water & Sewer connection fees – eff. 9/27/16 (Reso No. 2016-68) Water Conservation Fee – Reso. No. 93-83
Annual Impact Fee Inflationary Adjustments – CMC 4.20 (when adopted to supersede other inflationary indices) Affordable Housing In-Lieu (Ord. 782, Reso. 88-33A)
Commercial Linkage Fee April 12, 2006 (Ord. 782, Reso. 06-21) Growth Management April 24, 1991 (Ord. 548)
Penalties for Unpermitted Construction November 9, 2016 (Ord. 864) Park In Lieu 2004 (Ord. 766)
Bed Tax June 11, 1974 (Ord. 204)

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PLANNING DEPARTMENT
Fee Name Fee Unit / Type Fee Deposit
Annexation deposit $8,0077,684

Appeals flat $52100

Commercial Cannabis Permit
Application new application $7,2356,943
Renewal (Refer to cannabis permit section for detail) bi-annual $2,866750

Design Review
Administrative Review flat $2,0771,993
Preliminary Review deposit $6,252000
Final Review deposit $2,276184

Environmental Review
CEQA Exemption Determination hourly $19183
Initial Study / Negative Declaration / Mitigated Negative Declaration City Administrative Fee deposit $7,641333
Consultant Costs actual cost actual cost
Initial Study / Environmental Impact Report
City Administrative Fee deposit $7,641333
Consultant Costs actual cost actual cost

General Plan Amendment deposit $16,745070

Hillside Development Permit deposit $2,276184

Limited Term Permits deposit $1,04200

Pre-Application Reviews
Single Family Home (Owner Occupied) flat actual cost
Formal Conceptual Plan Review or Preliminary
(with written comments) flat $2,507406
Public Noticing / Re-Noticing flat actual cost

Signs
New Sign flat $26150
Replacement flat $1040
Master Sign Program / Planning Commission Review deposit $2,29200

Subdivisions
Parcel Map deposit $9,1048,737
Tentative Subdivision Map deposit $16,745070
Time Extension deposit $4,775583

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Fee Name Fee Unit / Type Fee Deposit
Tree Removal
Standard Tree Removal Application Fee Removal
First 5 Trees flat $520 each tree
Each Additional each $962
Removal Requiring Arborist
City Staff Review flat $76433
Consultant Review actual cost actual cost
Tree Replacement In-Lieu Fee each $125
Penalty For Removal Without Permit 2 x standard removal application fee +2x in-lieu feereplacement value
Use Determination hourly $19183

Use Permit
Minor Use Permit deposit $1,89418
Modification to previously approved Use Permit deposit $3,422284 Major Use Permit deposit $4,552369

Variance
Minor flat $1,529467
Major deposit $3,821667

Zoning Code /Zoning Map / PUD Amendment deposit $11,462000 Zoning Clearance or Research actual cost actual cost

Planning Plan Check (of Building Plans/Permits)* hourly $19183 For services requested of Building and Planning City staff which have no fee listed in this fee schedule, the City Manager of the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this
department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.

Hourly
* 1/2 hour
minimum
$19183
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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 10

BUILDING PERMIT AND PLAN CHECK FEES
Fee Name Fee Unit / Type Fee Deposit
Building Permit/Inspection - Single Family Residential
$500 base fee up to $500 $104.200
each additional $100 or fraction thereof each additional $100 $5.2100 $2,001 base fee @ 2,000 $182.3575
each additional $1000 or fraction thereof each additional $1,000 $35.053.64 $25,001 base fee @ $25,000 $988.8649
each additional $1000 or fraction thereof each additional $1,000 $16.9016.22 $50,001 base fee @ $50,000 $1,410.87,354
each additional $1000 or fraction thereof each additional $1,000 $9.328.94 $100,001 base fee @ $100,000 $1,876.6401
each additional $1000 or fraction thereof each additional $1,000 $3.763.61 $500,001 base fee @ $500,000 $3,381.29245
each additional $1000 or fraction thereof each additional $1,000 $5.62$5.39 $1,000,001 base fee @ 1,000,000 $6,188.445,939
each additional $1000 or fraction thereof each additional $1,000 $6.195.94 Building Permit/Inspection - Commercial/Multi-Family/Industrial $500 base fee up to $500 $1004.2
each additional $100 or fraction thereof each additional $100 $5.0210 $2,001 base fee @ 2,000 $182.3575
each additional $1000 or fraction thereof each additional $1,000 $26.965.87 $25,001 base fee @ $25,000 $802.34770
each additional $1000 or fraction thereof each additional $1,000 $15.184.57 $50,001 base fee @ $50,000 $1,181.6234
each additional $1000 or fraction thereof each additional $1,000 $13.042.51 $100,001 base fee @ $100,000 $1,833.92760
each additional $1000 or fraction thereof each additional $1,000 $6.4519 $500,001 base fee @ $500,000 $4,412.87235
each additional $1000 or fraction thereof each additional $1,000 $11.230.78 $1,000,001 base fee @ $1,000,000 $10,028.219,624
each additional $1000 or fraction thereof each additional $1,000 $1.1510 $5,000,001 base fee @ $5,000,000 $14,613.01024
each additional $1000 or fraction thereof each additional $1,000 $1.3429 $10,000,001 base fee @ 10,000,000 $21,346.410,486
each additional $1000 or fraction thereof each additional $1,000 $2.1405 Building Plan Check
In-House Plan Check percentage 65% of building
permit fee
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Third Party Consultant actual costs actual cost

MISCELLANEOUS FEES - FLAT RATE PERMITS
Fee Name Fee Unit / Type Fee Deposit
Photovoltaic Systems (Solar Systems)
Residential Roof Mount (Up to 15 kW) flat $46950
Per kW over 15 kW flat $165
Commercial (Up to 50 kW) flat $1,04200
Per kW between 51kW - 250kW flat $7
Per kW above 250kW flat $5
Energy (T24/CALGREEN) each $1250
Re-roof
Residential each $46950
Commercial each $96021
Minor Repair each $54220

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MECHANICAL, ELECTRICAL, PLUMBING PERMIT (MEP) AND PLAN CHECK FEES Fee Name Fee Unit / Type Fee Deposit
Single Item Permit – Single Family Residential
Water Heater base* $1880
HVAC base* $1880
Panel Upgrade base* $26150
* Does not include required state fees.

Electric Vehicle Charging Station
Residential - Up to 50 Amps flat $2080
Commercial - Up to 50 Amps flat $516495
Commercial - Over 50 Amps flat $702674
Stand Alone MEP Permit - Single Family Residential
$500 base fee up to $500 $93.780
each additional $100 or fraction thereof each additional $100 $21.911.03 $2,001 base fee @ 2,000 $423.0506
each additional $1000 or fraction thereof each additional $1,000 $7.166.87 $25,001 base fee @ $25,000 $587.6964
each additional $1000 or fraction thereof each additional $1,000 $2.87$2.75 $50,001 base fee @ $50,000 $658.5432
each additional $1000 or fraction thereof each additional $1,000 $5.164.95 $100,001 base fee @ $100,000 $916.96880
each additional $1000 or fraction thereof each additional $1,000 $1.2419 $500,001 base fee @ $500,000 $1,410.87354
each additional $1000 or fraction thereof each additional $1,000 $1.2217 $1,000,001 base fee @ 1,000,000 $2,020.441,939
each additional $1000 or fraction thereof each additional $1,000 $2.021.94 For MEP work as a part of larger Building
Permit percentage of permit 25% of building permit fee
Stand Alone MEP Permit - Commercial/Multi-Family/Industrial (Includes T24 Energy / CalGreen) $500 base fee up to $500 $93.780
each additional $100 or fraction thereof each additional $100 $21.911.03 $2,001 base fee @ 2,000 $423.0506
each additional $1000 or fraction thereof each additional $1,000 $8.107.77 $25,001 base fee @ $25,000 $608.53584
each additional $1000 or fraction thereof each additional $1,000 $6.596.32 $50,001 base fee @ $50,000 $773.1642
each additional $1000 or fraction thereof each additional $1,000 $5.164.95 $100,001 base fee @ $100,000 $1,031.58990
each additional $1000 or fraction thereof each additional $1,000 $2.572.47 $500,001 base fee @ $500,000 $2,063.161,980
each additional $1000 or fraction thereof each additional $1,000 $2.3425 $1,000,001 base fee @ 1,000,000 $3,237.49107
each additional $1000 or fraction thereof each additional $1,000 $0.670.64 $5,000,001 base fee @ 5,000,000 $5,902.93665
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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 13
each additional $1000 or fraction thereof each additional $1,000 $0.770.74 $10,000,001 base fee @
10,000,000 $9,741.66349
each additional $1000 or fraction thereof each additional $1,000 $0.970.93 For MEP work as a part of a larger Building
Permit Percentage of Permit 25% of Building Permit Fee

ADDITIONAL SERVICES
Fee Name Fee Unit / Type Fee Deposit
Inspections outside of normal business hours
hourly $29886
(2-hour min)
CASP Consultant hourly actual cost
City Processing hourly $29886
Re-inspection (1 hour min.) $29886
Growth Management Review per unit $14337
Additional plan review required by changes,
additions, or revisions to plans (1 hour min.) $29886
Technology Fee
$500 to $100,000 valuation each
.0010 times value
(min $6)
$100,001 to $500,000 valuation each
.0008 times value
(min $80)
$500,001 and above valuation each
.0006 times value
(min $300, max
$500)
California Building Standards
$1 - $25,000 each $1
$25,001 - $50,000 each $2
$50,001 - $75,000 each $3
$75,001 - $100,000 each $4
Every $25,000 or fraction thereof above
$100,000 each $1
SMIP Fee
Single Family Residential/ADU each .000131% of
valuation
Commercial/Multi-Family/Industrial each .0002821 % of
valuation
Penalty Fee - Working without a permit each 2 times building permit fee
Permit Renewal Hourly (1/2-hour min.) $29886

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DEVELOPMENT IMPACT
Fee NameApplicationType Fee/Deposit Amount
AFFORDABLE HOUSING IN-LIEU Based on sales price of unit, calculated as follows:
$2,400 first $125,000 ofsales price +$200 for each $5,000 incrementthereafter
BED TAX (all new residential construction)
a. 2 bedrooms $350

1. ADU-2 bedrooms (>750 SF) $175
b. 3 bedrooms $400
c. 4 or more bedrooms $450
DOWNTOWN SPECIFIC PLAN (DSP) RECOVERY $7870 per acre of property developed within the DSP Plan

LINKAGE
a. Commercial
b. Industrial
c. Retail
$2.5039/sf
$2.6947/sf
$4.3212/sf
Please note that new construction less than 2,000 sf, and the first 2,000 sf of any commercial project is exempt. There are additional exemptions, please check with the Community Development Department.

PARK IN-LIEU
Calculated according to the following formula:
(DUs x Population/DU) x (5 acres/1000 population) x (Fair Market Value/Total Acres of Project Site) = Subtotal x 6/5 = In Lieu Fee TRAFFIC1
a. Residential $7,974324.62/ unit

1. 1 bedroom ADU (>750 SF) $1,500/unit

2. 2 bedroom ADU (>750 SF) $3,000/unit
b. Commercial $8,4167,731.373/ 1000 sf
c. Restaurant $12,7981,756.28/ 1000 sf
d. Industrial $4,629252.02/ 1000 sf
e. Office $5,677215.17/ 1000 sf
SEWER CONNECTIONS (based on metersize)
a. ¾-inch $18,9846,638
b. 1-inch $31,70527,787
c. 1.5-inch $63,21955,407
d. 2-inch $101,19088,685
e. 3-inch $168,98648,103
f. 4-inch $322,741282,858
Applicable to all customer classes. Fees for multi-family projects will be charged on the size of the water meter.

WATER CONNECTIONS (based on metersize)
a. ¾-inch $10,6069,295.64
b. 1-inch $17,7465,552.78
c. 1.5-inch $35,3190,953.99
d. 2-inch $56,53149,545.26
e. 3-inch $106,05992,953.10
f. 4-inch $180,30358,021.47
g. 6-inch $349,99906,747.30
All customer classes based on meter size.
1 For land use designations not specifically included in the Traffic Impact Fee table above, the fee shall be calculated at a rate of $5,425.51 per p.m. peak hour trip as established by the project’s traffic impact analysis. For land use designations of Specific Plan, the fee shall be calculated by aggregating the proposed individual use types and paid in accordance with the adopting resolution.

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WATERCONSERVATION (Resolution 93-83)
a. NewResidential
b. Industrial/Commercial/MixedUse
$1,750/unit
$1,500/acre
FIRE SYSTEM CONNECTION Per resolution 2016-68, thisfee isincluded in the water connection fee.

ENGINEERING DEPARTMENT
Fee Name Fee Unit / Type Fee Deposit
Certificate of Compliance each $52100

Encroachment Permits
Minor (no construction/no inspection) each $27463
Major (short duration/inspection required) each $1,09753 Major (long duration/consultant required)
City Staff deposit $5,851615
Consultant actual cost actual Cost

Engineering Review of Planning
Application
Simple each $54826
Complex
City Staff hourly $18275
Consultant actual cost actual Cost

Engineering Review of Building Application
Simple each $54826
Complex
City Staff hourly $18275
Consultant actual cost actual Cost

Flood Plain Certificate Review each $18275
Flood Plain Review deposit $73102

Grading Plan Check, Permit & Inspection
Plan Check
< 50 CY flat $73102
> 50 CY
City Staff flat $1,46304
Consultant actual cost actual Cost
Permit & Inspection
< 50 CY flat $1,46304
> 50 CY

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ENGINEERING DEPARTMENT
Fee Name Fee Unit / Type Fee Deposit
City Staff flat $2,925807
Consultant actual cost actual Cost

Improvement Plan Review
4 lots or less
City Staff deposit $3,656,509
Consultant actual cost actual Cost
5 lots or more
City Staff deposit $7,313018
Consultant actual cost actual Cost

Real Property Document Review
City Staff deposit $5,851615
Consultant actual cost actual Cost

Maps
Parcel Map - 4 lots or less
City Staff deposit $5,851615
Consultant actual cost actual Cost
Final Map - 5 lots or more
City Staff deposit $7,313018
Consultant actual cost actual Cost

Lot Line Adjustment/Lot Merger each
City Staff deposit $3,656509
Consultant actual cost actual Cost

Public Improvement Inspections
4 lots or less
City Staff deposit $5,851615
Consultant actual cost actual Cost
5 lots or more fee specified by
agreement

Street or Right-of-Way Vacation
City Staff each $7,313018
Consultant each actual Cost

Temporary Water Meter Rental $8077

Certificate of Correction per application $73102

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ENGINEERING DEPARTMENT
Fee Name Fee Unit / Type Fee Deposit

Water Meter Installation/Charge
Turn On Service
(City Administrative Processing) each $365
Installation
2" or less each $26857
3" or more each $34834
Meter Charge
3/4 inch each $Actual Cost
1 inch each $Actual Cost

1.5 inch each $Actual Cost
2 inch each $Actual Cost
3 inch each Actual Cost
4 inch each Actual Cost
Downsizing Meter Size each Actual Cost

Outside Utility Service Agreement
City Staff deposit $7,313018
Consultant actual cost actual Cost

Condominium Plats
City Staff deposit $7,313018
Consultant actual cost actual Cost
Reconciliation of Deposit billing annual $37,3825,875
For services requested of Engineering
and Public Works City staff which have no fee
listed in this fee schedule, the City Manager of
the City Manager's designee shall determine
the appropriate fee based on the established
hourly rates for this department/division.

Additionally, the City will pass-through to the
applicant any discrete costs incurred from the
use of external service providers if required to
process the specific application.
hourly $18275

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Cannabis Permit Fees

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso)

CANNABIS PERMIT SERVICES
Fee Type Amount of Fee Fee Authority
ANNUAL REGISTRATION FEE $1000 CMC § 5.30.060.C

NEW CANNABIS
PERMIT
APPLICATION1
$7,2356,943 CMC § 5.30.320

CANNABIS PERMIT

ADMINISTRATIVE

RENEWAL
$2,866750 CMC § 5.30.320

CANNABIS PERMIT

NON- ADMINISTRATIVE

RENEWAL
$7,2356,943 CMC § 5.30.320

CASH BUSINESS TAX

PAYMENT SURCHARGE
$52100 per payment CMC § 5.30.320
ANNUAL FINANCIAL AUDIT Actual Cost + 10% CMC § 5.30.190.B

DELINQUENCY AND APPEALS
DELINQUENT REGISTRATION2 Registration Due + 25% (+25% each additional month)
CMC § 5.30.110

DELINQUENT BUSINESS

TAX PAYMENT
Tax Due + 25% (+25% each additional month) CMC § 5.30.110 BUSINESS TAX APPEAL $5,210000 CMC § 5.30.320260
Footnotes
CMC=City of Cotati Municipal Code

1. Permit application fees do not include the cost of any required entitlement processes or building permitting.

2. See CMC §5.04.200 for additional details
21 October 2021

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) 22 October 2021
Public Safety Fees

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) 23 October 2021

PUBLIC SAFETY SERVICES
Fee Type Amount of Fee
ANIMAL CONTROL RECOVERY a. $256 per animal
a. 1st incident b. $520 per animal
b. 2nd incident c. $1040 per animal
c. 3rd incident
d. Animal Trap Rental d. $520 security
ANIMAL CONTROL REGISTRATION deposit for trap
a. Spayed/neutered dog a. $260
b. Unspayed/un-neutered dog b. $365
c. Unlicensed dog found c. $520
d. Animal Trap Rental d. $520
ANIMAL TRAP RENTAL $520 (deposit)

ANNUAL TAXI PERMIT
a. Initial Deposit for Application a. $52100
b. Initial owner or driver b. $5,992750
c. Annual owner renewal
d. Driver Renewal
c. $52100
d. $1040
e. Department of Justice Fee - Payable to DOJ e. Actual Cost BICYCLE REGISTRATION No Charge
CITATION NOT ISSUED BY COTATI POLICE DEPARTMENT No Charge

CONCEALED WEAPON PERMIT
a. Department of Justice Fee – Payable to the DOJ a. Actual Cost b. New Permit b. $37560
c. Renewal c. $1880
IMPOUNDED VEHICLE STORAGE FEE No Charge
IMPOUND/ABANDONMENT/ABATEMENT VEHICLE RELEASE Per Incident a. 72 Hour Impound a. $200192
b. Felony Offense b. $200192
c. Misdemeanor Offense c. $200192
d. Non-criminal based d. $1040

LIVESCAN FEE
a. City’s Processing Fee a. $940.00
b. Department of Justice Fee - Payable to DOJ b. Actual Cost

MANDATED FIREARM STORAGE
a. Intake, recordation, and return/disposal of first five firearms a. $200192 per request
b. Intake, recordation, and return/disposal of additional firearms b. $10096 per firearm
c. Storage c. $200192 per
month

NOISE DISTURBANCE RESPONSE
a. First Response
b. Second Response
c. Third Response
d. Fourth Response and Thereafter
a. No Charge
b. $685
c. $1350
d. $19385 per
response

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) 24 October 2021

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) 25 October 2021
Fee Type Amount of Fee

PARTY ORDINANCE RESPONSE
a. First Violation a. $1040 flat
b. Second Violation b. $2080 flat
c. Each Additional Violation c. $52100 each
d. Posting on Premises d. $1040 flat
PHOTO REPRODUCTION $520 per request
POLICE CRIME VERIFICATION LETTER $265 per request

POLICE FALSE ALARM RESPONSE
a. First response (per year) a. No charge
b. Second response (per year) b. $520
c. Third response (per year) c. $785
d. Fourth response and thereafter (per year) d. $1062 per response

POLICE REPORT COPY
a. Police crime report a. $210 each
b. Incident report/CAD printout b. $210 each
c. Vehicle Accident Investigation Report c. $210 each
Report fee waived for a “Victim of Violent Crime” as defined on the State of California Victim Compensation Website

POLICE SPECIAL SERVICES
a. Sworn a. $21203
b. Non-Sworn b. $1880

PRIVATE ALARM PERMIT
a. Residential alarm a. $165 per year
b. Commercial or industrial alarm b. $265 per year
RECORDS CHECK/CLEARANCE LETTER $265 per records check or clearance letter STAFF TIME CHARGES
a. Sworn a. $21203
b. Non-Sworn b. $1880
SUBPOENA WITNESS – POLICE
$275
per day as deposit in advance
plus actual cost
TRANSPORTATION PERMIT (per application) $200192
VEHICLE EQUIPMENT CORRECTION INSPECTION No charge
VEHICLE REPOSSESSION RECEIPT $475.00

VIDEO/AUDIO TAPE REPRODUCTION
a. Dispatch Recording a. $475 per request
b. Body Worn Camera Video Reproduction b. $457 per request VIN VERIFICATION (per verification) $203

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 28
Park, Recreation and Facilities
Fees

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 29

RECREATION DEPARTMENT
Fee Name Fee Unit / Type Fee Deposit
Room Rentals (Per Hour)
Classrooms
Non-Profit/Community Service Org/Govt.

Agency Per Hour $165
Private (Resident) Per Hour $210
Private (Non-Resident) Per Hour $265
Multiday classroom rentals are eligible for a 20% reduction in hourly rental fees when booking more than 15 hours in a single week. The week runs from Sunday-Saturday
Cotati Room
Non-Profit/Community Service Org/Govt.

Agency Per Hour $520
Private (Resident) Per Hour $730
Private (Non-Resident) Per Hour $830
Veterans Memorial Hall
-
Fees adopted by Board
of Supervisors
Posted on Cotati
Recreation Webpage
Room Security Deposits
Classrooms deposit $50
Cotati Room deposit $400
Miscellaneous Room/Park Fees
Portable Stereo Rental (Room Rentals Only) each $265
Cleaning Fee (Contractor) each Actual Cost
Cleaning (City Staff Provided) per hour $1040
Cancellation Fee (8-30 days prior to the
reservation)
each 50% of Fee2
Cancellation Fee (7 days or less prior to
reservation)
each Actual Facility Rental
Fee
Damage to Facility each Actual Cost
Lost Key each $13025
Non-City Sponsored Events
Fees for Outdoor Public Space Events, If
Applicable
Application Fee - Public Large Events each $520
Special Event Business License Fee as applicable $165
Street Closure Fee Small each $73102
Street Closure With Traffic Re-routing New $1,829755
Restroom Cleaning (Contractor) each Actual Cost
Restroom Cleaning (City Staff Provided) Per Hour $18275 Event Related Damage each Actual Cost
2 Room/Park Cancellation Policy. The City will issue a full refund up to 10 calendar days prior to the start of the program. Between 4 and 9 calendar days of the start of the program, the City will refund 50% of the registration fee. The City will not issue a refund with less than 4 calendar days to the start of the program. Contracted programs may have a different cancellation policy. Please contact Recreation Department for more details.The City will issue a full refund more than 30 days prior to the reservation date. Applicant can transfer rental to a different day at no charge up to 7 calendar days prior to the reservation date.

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 30

RECREATION DEPARTMENT
Fee Name Fee Unit / Type Fee Deposit
Special Events Not In Parks
Approved Permit Fee per day $13025
Security Deposit
Small Event - (1-49 Patrons) each $100
Medium Event - (50-249 Patrons) each $250
Large Event - (250+ Patrons) each $500
Free Events in City Parks
Permit Fees
Small Event - (1-49 Patrons)
Resident Permit Fee each $630
Non-Resident Permit Fee each $885
Medium Event - (50-249 Patrons)
Resident Permit Fee each $1560
Non Resident Permit Fee each $2080
Large Event - (250+ Patrons)
Resident Permit Fee each $36550
Non Resident Permit Fee each $52100
Security Deposits
Small Event - (Less than 50 Patrons) each $100
Medium Event - (Less than 250 Patrons) each $250
Large Event - (More than 250 Patrons) each $500
Fee for Admission Events in City Parks
Permit Fees
Small Event - (1-99 Patrons)
Resident Permit Fee each $26050
Non Resident Permit Fee each $36550
Medium Event - (100-249 Patrons)
Resident Permit Fee each $36550
Non Resident Permit Fee each $57350
Large Event - (250+ Patrons)
Resident Permit Fee each $67750
Non Resident Permit Fee each $83400
Security Deposits
Small Event - (1-99 Patrons) each $100
Medium Event - (100-249 Patrons) each $250
Large Event - (250+ Patrons) each $500
City Hosted Space Rental Fees
Vendor Fees
Small Event - (Less than 25000 Patrons)
10x10 Space - No Sales- Non-Profit each $0
10x10 Space - With Sales- Non-Profit each $265
10x20 Space - No Sales- Non-Profit each $301
10x20 Space - With Sales- Non-Profit each $420
10x10 -Other each $520
10X20 - Other each $785
Electricity each $165

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 31

RECREATION DEPARTMENT
Fee Name Fee Unit / Type Fee Deposit
Medium Event - (Less than 500 Patrons)
10x10 Space - No Sales- Non-Profit each $0
10x10 Space - With Sales- Non-Profit each $25
10x20 Space - No Sales- Non-Profit each $30
10x20 Space - With Sales- Non-Profit each $40
10x10 -Other each $50
10X20 - Other each $75
Electricity each $15
Large Event - (More than 250 Patrons)
10x10 Space - No Sales- Non-Profit each $0
10x10 Space - With Sales- Non-Profit each $365
10x20 Space - No Sales- Non-Profit each $310
10x20 Space - With Sales- Non-Profit each $730
10x10 -Other each $785
10X20 - Other each $13025
Electricity each $165
Contract Classes
Contracted Classes in City Facilities
Instructor uses the City Registration System per person 30% of Fees Instructor Manages Registration per person 20% of Fees
Contracted Classes for Licensees at Farm
Instructor uses the City Registration System per person 10% of Fees Instructor Manages Registration per person 10% of Fees
Cancellation Fees Each Per Instructor Policy
Instructor Fee for Non-Contract Classes held in
City Parks
Resident $25/hr
Non-Resident $30/hr
Camps
One Day Drop In per person $464
Single Day Program/Class per person $464
Camp Registration by Week Per
DayWeek/Person $42160
Late Fee per minute $1.10
Other
Cancellation Fees (All City Hosted Programs) each See Note3 For services requested of Recreation City staff, or other programing of events, which have no fee listed in this
fee schedule, the City Manager of the City Manager's
designee shall determine the appropriate fee based on
3 City Program Cancellation Policy. The City will issue a full refund up to 7 calendar days prior to the start of the program. Within 7 calendar days of the start of the program, the City will refund 50% of the registration fee. The City will not issue a refund after the start of the program.

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) September 2022 32

RECREATION DEPARTMENT
Fee Name Fee Unit / Type Fee Deposit
the established hourly rates for this
department/division.

Additionally, the City will pass-through to the
applicant any discrete costs incurred from the use of
external service providers if required to process the
specific application.

Full Time hourly $1062
Part Time hourly $4038

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Attachment: Exhibit A Master Fee Schedule (Master Fee Schedule Update Reso) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: August 2023 Financial Update - Report for Summary of Revenue Sources, Cash and Investments
Date: August 22, 2023
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council receive the presentation on the un-audited financial position for the City for Fiscal Year 2022/23 ending June 30, 2023.

Background
City staff are committed to continued financial updates to report on actual receipts of key revenues as well as the overall City cash position.

Analysis/Discussion
General Fund:

Revenues:

The City of Cotati’s main revenue sources as a % of total General Fund Sources are Sales Taxes at 22.3%, Voter Approved Local Revenue (Measure S) at 23.5%, Property Taxes at 15.3%, and Other Taxes, Charges for Services, Permits and Licenses for a combined 38.9%.

Overall Revenues for the General Fund are $3,661,648 or 22.1% below the same period in Fiscal year 2021/22. This decrease is primarily due to one-time General Fund Transfers In for Fiscal Year 2021/22 related to (1) the Unfunded Pension Liability refunding of approximately $4,000,000, (2) an additional discretionary pension payment of $2,000,000 to pay down the Safety Unfunded Pension Liability, and (3) ARPA Funding reimbursements to the General Fund for approximately $1,772,000. Adjusting for these one-time impacts to the general fund, there was a decrease in revenues of approximately 2.5% or $264,000 primarily due to decreased sales tax receipts as consumer purchasing habits have changed post-covid 19 restrictions. Note there are still additional accrued payments still pending and will be adjusted for within the annual audited financial statements. Significant changes to the total revenues for the General Fund were:

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- Sales Tax was approximately $326K or 5.2% less than last year. Comparatively, the revenues from Sales Tax in 2021/22 were $600K or 12% higher than 2020/21. Overall, the swing is more of a return to our normal expected sales tax and based on our mix of businesses.
- Other Taxes, primarily made up of cannabis business taxes, had increased in 2021/22 consistent with Sales Tax. Now in 2022/23 the receipts have decreased approximately 49K or 6.8% from the prior year. With additional businesses opening or expanding within the City we anticipate this revenue to steadily increase.
- Property Taxes received to date increased over the previous year by approximately 5.2% which is primarily due to new developments assessments at a higher property value as well as significant Prop 8 Recapture.
- Community Development decreased by 25.5% or $135K due to permits related to development projects, primarily Kessing Ranch, and tree replacement fees paid by PG&E in the prior year.
- Other Revenues received to date decreased over 52.1% or by $134K primarily due to reduced reimbursements for administrative costs related to grants, there are subsequent accruals and interfund debt service payments still pending for the fiscal year that are expected to cover the differential.
- Investment Earnings earned to date have increased 875.7% or $173K from the prior year.

This is primarily due to the strategic advancement of the City’s active investment policy during the last quarter of the fiscal year.

Expenditures:

Overall, cumulative General Fund expenditures decreased from the previous year by approximately 28.4% or $4,740,000. This change was primarily due to the one-time transactions incurring during Fiscal Year 2021/22, as previously noted. Overall spending by General Fund Departments is consistent with the previous year with total dollar increases noted in Public Works, Administrative Services, Community Development and Recreation. The most significant change is the increased Transfers Out which on an unadjusted basis is consistent with our investments in infrastructure, specifically streets and now Kotate Park.

Reviewing the costs comparison classified by type the costs compared to budget are consistent, except for Materials and Supplies, Utilities, and Repairs and Maintenance. For Materials and Supplies it was primarily driven by costs associated with the missing additional appropriations needed for program reimbursements related to events or programs at the Farm. Utilities are directly related to both the increased costs from PG&E as well as the expansion of our internet service at City Hall and now La Plaza Park with Fiber. Lastly, the increase in Other Expenses is primarily related to the City’s Insurance Premiums.

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Enterprise Funds:

The Water and Wastewater Fund revenues are made up of charges for services, connection fees other revenues, and development fees. The revenues for the Water Funds have decreased in the current year to decreased consumption during the drought, return to work, continued substantial rainfall during the winter and spring (reduced/delayed irrigation), and reduced connection fees with completion of development projects. This follows with the decrease in revenue for the Wastewater Fund due to reduced consumption for the sewer averaging related to the prior year (2021/22) drought.

For Fiscal Year 2022/23, most of the expenses are in line with budget at year-end. Significant differences between fiscal years are primarily related to timing in capital projects. During fiscal year 2022/23 the City completed the sewer line replacement along West Sierra Ave, however there are still pending budgeted projects related to technical infrastructure that are continuing into fiscal year 2023/24.

City-Wide Cash and Investments:

Cash and Investments remain stable at $24.4M, where most of the funds are held in a managed laddered portfolio of CD’s and Treasury’s with US Bank (57%) and Liquid Investments with California Asset Management Program (34%). The remainder of the City’s funds are held in the Exchange Bank operating account (9%) and a minor balance in the State liquid investment pool of Local Agency Investment Fund (LAIF) (0.00%).

Financial Considerations
There is no immediate financial impact or budget action necessary. City Staff will continue to report to Council and the community quarterly.

Attachments:

Presentation - Financial Update For Fiscal Year 2022/23 (PDF) Fiscal Year 2022/23 Unaudited Financial Report (PDF)

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UN-AUDITED

FISCAL YEAR END

BUDGET &

ACTUALS REVIEW
Fiscal Year 2022/23
City of Cotati

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Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

FINANCIAL

REPORTING
 Citywide Overview
 General Fund
 Enterprise Funds
 Cash and
Investments Portfolio

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Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

CITYWIDE

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Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

CITYWIDE - REVENUES & EXPENSES
Fund Un-Audited
Actual
Annual
Budget
%
Budget
Un-Audited
Actual
Annual
Budget
%
Budget
General $ 12,883,662 $ 11,272,027 114.3% $ 11,941,063 $ 12,932,247 92.3% Wastewater 3,518,959 3,484,087 101.0% 4,234,956 4,683,660 90.4% Water 2,135,810 2,171,000 98.4% 2,409,430 3,030,511 79.5% Other Special Revenues * 1,547,283 1,344,517 115.1% 493,945 1,994,446 24.8% Capital Projects 9,216,047 12,743,180 72.3% 9,489,399 12,656,000 75.0% Internal Service 451,545 659,800 68.4% 451,545 515,480 87.6% Total For All Funds $ 29,753,307 $ 31,674,611 93.9% $ 29,020,339 $ 35,812,344 81.0% Revenues Expenses
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
General
Wastewater
Water
Other Special Revenues *
Capital Projects
Internal Service
Expenses Revenues
Revenues and Expenses On Target
•Wastewater Fund is primarily due to
pending transfer of funds to be received for
interfund debt service
•Internal Service – Decreased revenue due
to reduced payout transfers of funds
required.
•Capital Projects – Decreased due to the
timing of capital projects
Revenues are at 93.9% of Budget
•Capital Projects and Special Revenue
Funds– are subject to timing of the projects
in place and related activity incurred during
the fiscal year.

Expenses are at 81.0% of Budget

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Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

GENERAL FUND

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Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

COMPARATIVE

REVENUES & EXPENDITURES
FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23
Budget % Budget
Revenues $ 10,608,680 $ 12,759,480 $ 2,150,800 20.3% $ 10,365,534 123.1% Transfers In 5,936,630 124,182 (5,812,449) -97.9% 906,493 13.7% Total Revenus $ 16,545,310 $ 12,883,662 $ (3,661,648) -22.1% $ 11,272,027 114.3% Expenditures $ 12,536,507 $ 7,951,548 (4,584,959) -36.6% $ 8,342,648 95.3% Transfers Out 4,144,478 3,989,515 (154,963) -3.7% 4,589,599 86.9% Total Expenditures $ 16,680,985 $ 11,941,063 $ (4,739,922) -28.4% $ 12,932,247 92.3% Revenues Over (Under)
Expenditures $ (135,675) $ 942,599 $ (4,739,922) 3493.6% $ (1,660,220) -56.8% Un-Audited Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison General Fund Revenues & Expenditures

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Packet Pg. 100 Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

PROPORTION OF

GENERAL FUND REVENUES

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Packet Pg. 101 Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

ENTERPRISE FUNDS

SUMMARY OF WATER AND WASTEWATER FUNDS

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Packet Pg. 102 Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

ENTERPRISE FUNDS ANALYSIS
Enterprise Funds FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23 Budget % Budget
-
Water Operations & Capital
Revenues $ 2,330,448 $ 2,135,810 $ (194,638) -8.4% $ 2,171,000 98.4% Expenses
Salaries & Benefits 727,849 634,721 (93,128) -12.8% 684,935 92.7% Contract Services 162,217 313,633 151,416 93.3% 373,325 84.0% Other Expenses 94,586 356,331 261,745 276.7% 485,085 73.5% Aquaduct Water 532,348 500,430 (31,919) -6.0% 614,095 81.5% Capital Outlay 292,815 78,198 (214,617) 100.0% 196,105 39.9% Interfund Debt 26,117 526,117 500,000 1914.5% 676,966 77.7% Total Expenses $ 1,835,933 $ 2,409,430 $ 573,497 31.2% $ 3,030,511 79.5% Net Income $ 494,515 $ (273,620) $ (768,135) -155.3%
Wastewater
Operations & Capital $ 3,097,213 $ 2,992,842 (104,371) -3.4% $ 2,931,867 102.1% Interfund Debt 26,117 526,117 500,000 100.0% 552,220 95.3% Revenues $ 3,123,330 $ 3,518,959 $ 395,629 12.7% $ 3,484,087 101.0% Expenses
Salaries & Benefits 564,332 634,534 70,202 12.4% 670,224 94.7% Contract Services 97,765 102,809 5,044 5.2% 112,011 91.8% Other Expenses 260,598 164,466 (96,132) -36.9% 201,483 81.6% Wastewater Treatment 2,171,023 2,372,316 201,293 9.3% 2,371,248 100.0% Capital Outlay 381,757 943,957 562,200 147.3% 1,185,000 79.7% Interfund Debt 16,874 16,874 0 0.0% 143,694 11.7%
Total Expenses $ 3,492,349 $ 4,234,956 $ 742,607 21.3% $ 4,683,660 90.4% Net Income $ (369,019) $ (715,997) (346,978) 94.0%
Un-Audited Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison
Revenues and Expenses On Target
•Decreases from prior year due to
conservation, rainfall, and reduced
connection fees.

Revenues are at 98.4% and 101% of Budget
• Capital Projects are subject to timing.
•Increased Wastewater Treatment Costs
•Decreased Water Usage and Charges
for Water
•Possible additional billing from SCWA
•Increased Other Expenses Consistent
with General Fund
(Insurance/Utilities/Contracts)
Expenses are at 79.5 and 90.4% of Budget

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Packet Pg. 103 Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year CASH &

INVESTMENTS
Implementing Policy
Impacts for Q4 2023

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Packet Pg. 104 Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

SUMMARY OF

CASH AND

INVESTMENTS
AT
JUNE 30, 2023
Name of Investment Maturity Date Yield
Balance at
06/30/2022
Local Agency Investment Funds - (LAIF)
LAIF - Pooled Investments - Net FMV N/A 1.35% $ 10,292
US Bank Trust Various 4.86% $ 14,077,237
California Asset Management Program (CAMP)
Pooled Investment Funds 5.24 $ 8,298,435
Exchange Bank Operating & Payroll Accounts N/A N/A $ 2,094,124 Total Cash and Investments $ 24,480,088
FISCAL YEAR 2022/23
AS OFJUNE 30, 2023
• Total approximately $24.4M.
• In line with the City updated adopted
investment policy.
• 1.5 months using cash and investment strategy
earned $102K in returns
• Overall cash is enough to meet operational
needs for next 6 months in fiscal year

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Packet Pg. 105 Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

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Packet Pg. 106 Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year

CONCLUSION
Fiscal Year was primarily on
track with Budget and slightly
declined compared to Fiscal
Year 2021/22
No Additional Budget
Requests for Adjustments.

City staff will continue to
update the Council with
quarterly financial reports as
well as the audited financial
reports for Fiscal Year 2022/23
City staff are committed to
exercising prudence and
integrity in the management
of public funds and provide
transparent accountability for
its use

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Packet Pg. 107 Attachment: Presentation - Financial Update For Fiscal Year 2022/23 (Q4 - Fiscal Year Fiscal Year Financial Report
Un-Audited Fiscal Year July 1, 2022, to June 30, 2023
Administrative Services 8/14/23 Q4 2022/23

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Packet Pg. 108 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) Fiscal Year End Report
Fiscal Year 2022/23
FISCAL YEAR FINANCIAL REPORT | PAGE 1 of 8
Introduction This financial report provides an overview of where we are within the budget cycle, then a summary of the City’s financial position through the Fiscal Year (FY) 2020/21 (July 1, 2022, through June 30, 2023) for (1) Citywide Revenues and Expenses, (2) the General Fund, (3) Enterprise Funds, and (4) Summary of Cash and Investments. Notable cumulative year-end to year-end and preliminary amended budget to actual comparisons are included in this report.

The following factors should be taken into consideration when analyzing year-end data:
• Revenues reported herein are calculated based on actual receipts through June 30, 2023, but received through August 10, 2023. Some revenues for the Fiscal year are still being received and will be properly accrued for the audited financial statements. • Construction projects, specifically street improvements, have a different project cycle which is offset from the Fiscal Year. As such, major projects are typically funded across two or more Fiscal Years.

Standard Budget Process Cycle - Where We Are Now & Next Steps:

Tentative Schedule for Financial Reporting and Budget Year 2023/24 Planning:
• September 5th – Start of 2022/23 Fiscal Year end audit fieldwork. • October 24th – Present the Q1 2023/24 financial summary to Council. • November 9th – Initiate scheduling for next Fiscal year budget planning meetings. • November 28th – Present audited financial statements and community annual financial report to the Council for Fiscal Year 2022/23
* NOW* February
Year-end & Financial
Performance Review
March
Year-end & Financial
Performance Review
Internal Budget Review,
Strategic/Long-Term and
Capital Planning
April - May
Draft Budget
Budget Workshops
June
Budget Adoption
July - December
Financial Evaluations
Budget Adjustments as
Approved by Council
November-December
City Manager and Admin.

Services Budget Planning
Meetings

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Packet Pg. 109 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) FISCAL YEAR FINANCIAL REPORT | PAGE 2 of 8
Citywide Revenues and Expenses
*Other Special Revenues consists of the following funds: Gas Tax, RMRA, Public Safety, K-9 Program, Traffic Mitigation, CDBG Grants, Inclusionary Housing, Linkage Affordable Housing, MTC Streets, Measure M Parks, PEG, and Bed Tax.

City-wide Significant Variances
Fund type variances where revenues were less than 95 % or expenditures are greater than 95% of budget as of year-end were evaluated as follows:
• Capital Projects’ revenues and expenditure were less than budgeted due to the timing of the projects in place. Priority projects were under construction during the summer, so construction costs were pushed into the beginning of Fiscal Year 2023/24. • Internal Services Funds had lower revenues and expenditures than budgeted primarily due to the decrease in payouts compared to expectations as well as a delay in purchasing the replacement dump trucks for the public works department due to inventory not being available. The purchase of the vehicle has been pushed to fiscal year 2023/24.

Fund Un-Audited
Actual
Annual
Budget
%
Budget
Un-Audited
Actual
Annual
Budget
%
Budget
General $ 12,883,662 $ 11,272,027 114.3% $ 11,941,063 $ 12,932,247 92.3% Wastewater 3,518,959 3,484,087 101.0% 4,234,956 4,683,660 90.4% Water 2,135,810 2,171,000 98.4% 2,409,430 3,030,511 79.5% Other Special Revenues * 1,547,283 1,344,517 115.1% 493,945 1,994,446 24.8% Capital Projects 9,216,047 12,743,180 72.3% 9,489,399 12,656,000 75.0% Internal Service 451,545 659,800 68.4% 451,545 515,480 87.6% Total For All Funds $ 29,753,307 $ 31,674,611 93.9% $ 29,020,339 $ 35,812,344 81.0% Revenues Expenses
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
General
Wastewater
Water
Other Special Revenues *
Capital Projects
Internal Service
Expenses Revenues

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Packet Pg. 110 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) FISCAL YEAR FINANCIAL REPORT | PAGE 3 of 8
General Fund: Operating Revenues The following table includes cumulative revenue comparisons of Fiscal Year 2021/22 and Fiscal Year 2022/23, and revenue budget to actual comparison for Fiscal Year 2022/23.

General Fund operating current revenues are $3,661,648, or 22.1% below the same period in FY 2022/23. The most significant reason for this decrease was due to one-time General Fund Transfers In for Fiscal Year 2021/22 related to (1) the Unfunded Pension Liability refunding of approximately $4,000,000, (2) an additional discretionary pension payment of $2,000,000 to pay down the Safety Unfunded Penson Liability, and (3) ARPA Funding reimbursements to the General Fund for approximately $1,772,000. For the Pension Refunding the transfers in were immediately expended as departmental expenses for pension within the salaries and benefits. The ARPA Funding allowed the City to continue work on capital streets projects and the full grant amount was transferred back out to the West Side Street Improvement Project. Additionally, for Fiscal Year 2022/23 the City completed the sale of the St. Josephs Park and Ride which created a one-time Other Revenue inflow of $2,375,000. For the sake of comparisons, the adjusted balance for General Fund Revenues is provided below.

Operating Revenues - Adjusted
General Fund Revenues FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23 Budget % Budget
Property Tax $ 1,873,507 $ 1,971,292 $ 97,785 5.2% 2,066,039 95.4% Sales Tax 6,230,425 5,903,787 (326,637) -5.2% 6,040,000 97.7% Other Taxes 723,670 674,771 (48,899) -6.8% 626,450 107.7% Licenses, Permits & Franchises 686,807 649,823 (36,984) -5.4% 561,000 115.8% Rent 80,114 102,463 22,350 27.9% 90,550 113.2%
Other Agencies 107,218 151,897 44,680 41.7% 203,665 74.6% Community Development Charges 464,225 345,934 (118,291) -25.5% 272,510 126.9% Public Works Charges 82,725 161,098 78,373 94.7% 77,945 206.7% Public Safety Charges 79,433 81,911 2,478 3.1% 61,350 133.5% Other Revenues 259,109 2,499,184 2,240,075 864.5% 324,025 771.3% Investment Earnings 19,717 192,370 172,653 875.7% 30,000 641.2% Contributions 1,732 24,950 23,218 1340.5% 12,000 207.9% Transfers In 5,936,630 124,182 (5,812,449) -97.9% 906,493 13.7% Total: $ 16,545,310 $ 12,883,662 $ (3,661,648) -22.1% $ 11,272,027 114.3% Un-Audited Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison
General Fund Revenues FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23 Budget % Budget
Property Tax $ 1,873,507 $ 1,971,292 $ 97,785 5.2% 2,066,039 95.4% Sales Tax 6,230,425 5,903,787 (326,637) -5.2% 6,040,000 97.7% Other Taxes 723,670 674,771 (48,899) -6.8% 626,450 107.7% Licenses, Permits & Franchises 686,807 649,823 (36,984) -5.4% 561,000 115.8% Rent 80,114 102,463 22,350 27.9% 90,550 113.2%
Other Agencies 107,218 151,897 44,680 41.7% 203,665 74.6% Community Development Charges 464,225 345,934 (118,291) -25.5% 272,510 126.9% Public Works Charges 82,725 161,098 78,373 94.7% 77,945 206.7% Public Safety Charges 79,433 81,911 2,478 3.1% 61,350 133.5% Other Revenues (Adjusted) 259,109 124,184 (134,925) -52.1% 324,025 38.3% Investment Earnings 19,717 192,370 172,653 875.7% 30,000 641.2% Contributions 1,732 24,950 23,218 1340.5% 12,000 207.9% Transfers In (Adjusted) 164,000 124,182 (39,819) -24.3% 906,493 13.7% Total: $ 10,772,680 $ 10,508,662 $ (264,018) -2.5% $ 11,272,027 93.2% Adjusted Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison

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Packet Pg. 111 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) FISCAL YEAR FINANCIAL REPORT | PAGE 4 of 8
For the adjusted Revenues, there are additional accrued payments still pending receipt and will be properly accrued for using the modified cash basis of accounting. To properly depict the revenue for sales tax the City has included an estimated accrual of approximately $491K expected to be received by August 28, 2023.

The following is an explanation of the notable variances:
- Sales Tax revenues are approximately 5.2% or $326K less than last year’s cumulative year-end balance. The primary source of this decrease is; (1) due to the decrease in sales accumulated through the County Pool related to online sales as well as (2) reduced spending on Cotati goods and services as more consumers move to spend more on experiences postponed during Covid. Industries that improved during the Covid Crisis included both home improvement, and food and drug. Both these industries are seeing corrections to more normal functions. Other industries like fuel, restaurants, and travel while depressed in the prior year are seeing an increase in the currently year, however the City does not have a significant participant in these areas enough to offset the decline. - Other taxes are primarily made up of Cannabis Business Tax. The change from prior year is primarily due to changes in consumer behavior as mentioned above. As business of this type begins to grow in recognition in the City, this source of revenue is anticipated to continue to grow again next year. - Property Taxes received to date increased over the prior year by approximately 5.2% which is primarily due to new development at higher valuations as well as some residual Prop 8 recapture1 . - Community Development decreased by 25.5% or $135K due to permits related to development projects, primarily Kessing Ranch, and tree replacement fees paid by PG&E in the prior year. - Other Revenues received to date decreased over 52.1% or by $134K primarily due to reduced reimbursements for administrative costs related to grants, there are subsequent accruals and interfund debt service payments still pending for the fiscal year that are expected to cover the differential. - Investment Earnings earned to date have increased 875.7% or $173K from the prior year. This is primarily due to the strategic advancement of the City’s active investment policy during the last quarter of the fiscal year.

General Fund: Operating Expenditures
The following table includes cumulative actual expenditure comparisons by department and again by expenditure type for Fiscal Year 2021/22 and Fiscal Year 2022/23 and an expenditure budget to actual comparison for Fiscal Year 2022/23.

Expenditures by Department – Unadjusted
1 https://www.boe.ca.gov/proptaxes/decline-in-value/
General Fund Expenditures by
Department FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23 Budget % Budget City Council $ 174,632 $ 141,211 $ (33,422) -19.1% $ 184,461 76.6% City Manager 977,867 689,773 (288,094) -29.5% 673,381 102.4% Admin Services 448,943 388,502 (60,441) -13.5% 443,274 87.6% Community Development 1,207,945 933,069 (274,876) -22.8% 936,629 99.6% Public Works 1,555,497 1,306,826 (248,671) -16.0% 1,379,923 94.7% Police 7,570,383 4,078,817 (3,491,566) -46.1% 4,295,023 95.0% Recreation 601,239 413,350 (187,889) -31.3% 429,957 96.1% Transfers Out 4,144,478 3,989,515 (154,963) -3.7% 4,589,599 86.9% Total: $ 16,680,985 $ 11,941,063 $ (4,739,922) -28.4% $ 12,932,247 92.3% Un-Audited Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison

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Packet Pg. 112 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) FISCAL YEAR FINANCIAL REPORT | PAGE 5 of 8
Expenditures by Type - Unadjusted
Overall, cumulative General Fund expenditures decreased from the previous year by approximately

28.4% or $4,740,000. This change was primarily due to the one-time transactions incurring during Fiscal Year 2021/22 and mentioned above. As such the adjusted comparative expenditures schedules have been presented below:

Expenditures by Department - Adjusted
Expenditures by Type - Unadjusted
General Fund Expenditures by Type FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23 Budget % Budget
Salaries & Benefits $ 9,929,767 $ 4,957,966 $ (4,971,801) -50.1% $ 5,098,512 97.2% Contract Services 1,291,953 1,456,921 164,967 12.8% 1,520,283 95.8% Materials & Supplies 81,625 100,860 19,234 23.6% 89,320 112.9% Utilities 245,669 336,262 90,593 36.9% 333,210 100.9%
Repairs & Maintenance 115,371 112,498 (2,873) -2.5% 92,520 121.6% Other Expenses 872,122 987,042 114,920 13.2% 1,208,803 81.7% Transfers Out 4,144,478 3,989,515 (154,963) -3.7% 4,589,599 86.9% Total: $ 16,680,985 $ 11,941,063 $ (4,739,922) -28.4% $ 12,932,247 92.3% Un-Audited Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison
General Fund Expenditures by
Department FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23 Budget % Budget
City Council $ 174,632 $ 141,211 $ (33,422) -19.1% $ 184,461 76.6% City Manager 688,697 689,773 1,076 0.2% 673,381 102.4%
Admin Services 318,533 388,502 69,969 22.0% 443,274 87.6% Community Development 879,085 933,069 53,984 6.1% 936,629 99.6% Public Works 1,181,277 1,306,826 125,549 10.6% 1,379,923 94.7% Police 4,065,183 4,078,817 13,634 0.3% 4,295,023 95.0%
Recreation 374,439 413,350 38,911 10.4% 429,957 96.1%
Transfers Out 2,371,848 3,989,515 1,617,667 68.2% 4,589,599 86.9% Total: $ 10,053,695 $ 11,941,063 $ 1,887,368 18.8% $ 12,932,247 92.3% Adjusted Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison
General Fund Expenditures by Type FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23 Budget % Budget
Salaries & Benefits $ 5,075,107 $ 4,957,966 $ (117,141) -2.3% $ 5,098,512 97.2% Contract Services 1,291,953 1,456,921 164,967 12.8% 1,520,283 95.8% Materials & Supplies 81,625 100,860 19,234 23.6% 89,320 112.9% Utilities 245,669 336,262 90,593 36.9% 333,210 100.9%
Repairs & Maintenance 115,371 112,498 (2,873) -2.5% 92,520 121.6% Other Expenses 872,122 987,042 114,920 13.2% 1,208,803 81.7% Transfers Out 2,371,848 3,989,515 1,617,667 68.2% 4,589,599 86.9% Total: $ 10,053,695 $ 11,941,063 $ 1,887,368 18.8% $ 12,932,247 92.3% Adjusted Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison

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Packet Pg. 113 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) FISCAL YEAR FINANCIAL REPORT | PAGE 6 of 8
Evaluating the expenditures on an adjusted basis, overall spending by General Fund Departments is consistent with the prior year with total dollar increases noted in Public Works, Administrative Services, Community Development and Recreation. The most significant change is the increased Transfers Out which on an unadjusted basis is consistent with our investments in infrastructure, specifically streets and now Kotate Park.

Reviewing the costs comparison classified by type the costs compared to budget are consistent, except for Materials and Supplies, Utilities, and Repairs and Maintenance. For Materials and Supplies it was primarily driven by costs associated with the missing additional appropriations needed for program reimbursements related to events or programs at the Farm. Utilities are directly related to both the increased costs from PG&E as well as the expansion of our internet service at City Hall and now La Plaza Park with Fiber. Lastly the increase in Other Expense is primarily related to the City’s Insurance Premiums.

Enterprise Funds: Operating and Capital Revenues and Expenses The following table includes cumulative revenue and expenses comparisons of Fiscal Year 2021/22 and Fiscal Year 2022/23, and a revenue budget to actual comparison for Fiscal Year 2022/23 for the Enterprise Funds.

Enterprise Funds FY 2021/22 FY 2022/23 $ Variance % Variance FY 2022/23 Budget % Budget
-
Water Operations & Capital
Revenues $ 2,330,448 $ 2,135,810 $ (194,638) -8.4% $ 2,171,000 98.4% Expenses
Salaries & Benefits 727,849 634,721 (93,128) -12.8% 684,935 92.7% Contract Services 162,217 313,633 151,416 93.3% 373,325 84.0% Other Expenses 94,586 356,331 261,745 276.7% 485,085 73.5% Aquaduct Water 532,348 500,430 (31,919) -6.0% 614,095 81.5% Capital Outlay 292,815 78,198 (214,617) 100.0% 196,105 39.9% Interfund Debt 26,117 526,117 500,000 1914.5% 676,966 77.7% Total Expenses $ 1,835,933 $ 2,409,430 $ 573,497 31.2% $ 3,030,511 79.5% Net Income $ 494,515 $ (273,620) $ (768,135) -155.3%
Wastewater
Operations & Capital $ 3,097,213 $ 2,992,842 (104,371) -3.4% $ 2,931,867 102.1% Interfund Debt 26,117 526,117 500,000 100.0% 552,220 95.3% Revenues $ 3,123,330 $ 3,518,959 $ 395,629 12.7% $ 3,484,087 101.0% Expenses
Salaries & Benefits 564,332 634,534 70,202 12.4% 670,224 94.7% Contract Services 97,765 102,809 5,044 5.2% 112,011 91.8% Other Expenses 260,598 164,466 (96,132) -36.9% 201,483 81.6% Wastewater Treatment 2,171,023 2,372,316 201,293 9.3% 2,371,248 100.0% Capital Outlay 381,757 943,957 562,200 147.3% 1,185,000 79.7% Interfund Debt 16,874 16,874 0 0.0% 143,694 11.7%
Total Expenses $ 3,492,349 $ 4,234,956 $ 742,607 21.3% $ 4,683,660 90.4% Net Income $ (369,019) $ (715,997) (346,978) 94.0%
Un-Audited Actuals Comparison
(July 1 - June 30) Budget to Actual Comparison

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Packet Pg. 114 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) FISCAL YEAR FINANCIAL REPORT | PAGE 7 of 8
The Water and Wastewater Fund revenues are made up of charges for services, connection fees other revenues, and development fees. The revenues for the Water Funds have decreased in the current year to decreased consumption during the drought, return to work, continued substantial rainfall during the winter and spring (reduced/delayed irrigation), and reduced connection fees with completion of development projects. This fallows with the decrease in revenue for the Wastewater Fund as well as they have reduced consumption for the sewer averaging related to the prior year (2021/22) drought.

For Fiscal Year 2022/23, most of the expenses are in line with budget at year-end. Significant differences between fiscal years are primarily related to timing in capital projects. During fiscal year 2022/23 the City completed the sewer line replacement along E. Cotati Ave, however there are still pending budgeted projects related to technical infrastructure that are continuing into fiscal year 2023/24.

Cash and Investments
The tables below show the cash and investments held by the City as of June 30, 2022. The current cash and investment balances are in line with the City adopted investment policy and as budgeted are enough to meet the City’s expenditure requirements for the next six months.

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Packet Pg. 115 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) FISCAL YEAR FINANCIAL REPORT | PAGE 8 of 8
Cash and Investment Detail by Composition

Conclusion
Except for identified variances, expenditures and revenues are mostly in line with budget. Continued budgetary strategic planning for future years along with pension planning strategies will continue to improve the City’s position into the future. Staff will provide the Council and community financial reporting for the Fiscal Year 2022/23 annual audited financial statements as well as Fiscal Year 2023/24 quarterly budget to actual reports.

Name of Investment Maturity Date Yield
Balance at
06/30/2022
Local Agency Investment Funds - (LAIF)
LAIF - Pooled Investments - Net FMV N/A 1.35% $ 10,292
US Bank Trust Various 4.86% $ 14,077,237
California Asset Management Program (CAMP)
Pooled Investment Funds 5.24 $ 8,298,435
Exchange Bank Operating & Payroll Accounts N/A N/A $ 2,094,124 Total Cash and Investments $ 24,480,088
FISCAL YEAR 2022/23
AS OFJUNE 30, 2023

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Packet Pg. 116 Attachment: Fiscal Year 2022/23 Unaudited Financial Report (Q4 - Fiscal Year 2022/23 Financial Update) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Appointment of a Voting Delegate and Alternate to the 2022 League of California Cities (LOCC) Annual Conference
Date: August 22, 2023
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
It is recommended that the City Council of the City of Cotati adopt a motion appointing a voting delegate and up to two alternates to the 2023 League of California Cities (LOCC) Annual Conference
Background
In preparation for its Annual Conference each year, the League of California Cities requires that member cities appoint a voting delegate who will vote on conference resolutions at the Annual Business meeting. Historically, the City has also appointed one alternate, but up to two alternates may be appointed. The voting delegate and alternate(s) are customarily City Council members who are planning to attend the Annual Conference. League bylaws also provide that the City Council may appoint a City official to serve as voting delegate or alternate if there will not be a sufficient number of Council members in attendance.

This year’s conference is scheduled for September 20-22, 2023, in Sacramento. The Annual Business Meeting is on Friday September 22. Mayor Harvey and City Manager O’Bid are currently registered for this conference.

Analysis/Discussion
The conference will be held in person at the Sacramento SAFE Credit Union Convention Center.

Financial Considerations
Funding is included in the FY 2023-24 budget for related travel expenses for the two registered

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Packet Pg. 117
attendees, so no appropriation is needed.

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

Attachments:
2023 Voting Delegate Packet (PDF)

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Packet Pg. 118
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023

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Packet Pg. 119 Attachment: 2023 Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference) Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

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Packet Pg. 120 Attachment: 2023 Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference) 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Packet Pg. 121 Attachment: 2023 Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference) CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

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Packet Pg. 122 Attachment: 2023 Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference) Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

12.B.a
Packet Pg. 123 Attachment: 2023 Voting Delegate Packet (Appointment of voting delegate to 2022 LOCC annual conference) Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: Information received after the agenda was posted.

Date: August 22, 2023
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

Pursuant to City Council Policy 2021-01: City Council Rules section IV A., written Communications, interested persons or their authorized representative may address the Council by written communication on any matters concerning the City’s business, or any matters over which the Council has control.

1. To be considered for inclusion in the agenda packet, such written communication shall be delivered to the Deputy City Clerk no later than 11:00 a.m. of the Wednesday the week preceding the regular Council meeting for which such written communication is intended.

2. If received after the above date and time, but no later than noon the day before the meeting, written communications received by the Deputy City Clerk shall be posted on the website by the end of that day and notification provided to the electronic Agenda mailing list by the end of the day. All written communications received by the Deputy City Clerk by 5 pm on the City Council meeting day shall be made available to the City Council and public at the City Council meeting.

City Council Policy 2021-01 is available at the online meeting portal at www.cotaticity.org or by request from the Deputy City Clerk at 707-665-3622 or [email protected].

18.A
Packet Pg. 124

Cotati City CouncilAugust 22, 2023

Cotati City Council
August 22, 2023