Agenda packet — Cotati City Council, September 12, 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 September 12, 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/83091637580?pwd=UkNhMENjY2ZJd29rWFhma1czT1VMUT09 If you do not have the ability to join online, but would like to participate in the meeting, you can call into the meeting using your telephone, by dialing one of the following numbers and entering the meeting credentials:

Webinar ID: 830 9163 7580
Passcode: 614991
+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.

Cotati City Council Agenda September 12, 2023

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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.

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.

1. CALL TO ORDER
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/83091637580?pwd=UkNhMENjY2ZJd29rWFhma1czT1VMUT09

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)
Cotati City Council Agenda September 12, 2023

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A. COTATI CITY COUNCIL - REGULAR MEETING - AUG 22, 2023 6:00 PM

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

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

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org
C. Like always, we love to hear from you, so please feel free to contact the City at 707- 792-4600 or [email protected]. If you have a non-emergency issue after normal business hours, you can contact us at 707-792-4611 and of course if you have an emergency, please contact 9-1-1. Continue to look for updates on the City's website and social media channels available on Facebook, Instagram, Nixle, and Nextdoor.

6. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI PROCLAIMING SEPTEMBER 15-OCTOBER 15, 2023 AS HISPANIC

HERITAGE MONTH
B. A PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI PROCLAIMING THE WEEK OF SEPTEMBER 18 THROUGH 24, 2023 AS "POLLUTION PREVENTION WEEK” AND SEPTEMBER 16 THROUGH 23 AS "CREEK WEEK" IN THE RUSSIAN RIVER WATERSHED

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.

Cotati City Council Agenda September 12, 2023

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9. CONSENT CALENDAR (ACTION)
A. ACCEPT DANCE STUDIO REPAIRS PROJECT IMPROVEMENTS
It is recommended the City of Cotati City Council adopt a resolution accepting the Dance Studio Repairs Project Improvements, authorizing the City Clerk to record the notice of completion with the County Clerk, and releasing the retention after 35 days if there are no protests received.

B. AWARD OF THE 2024 STREET IMPROVEMENTS PROJECT
It is recommended the City of Cotati City Council adopt a resolution awarding the 2024 Street Improvements Project (Project) to Ghilotti Brothers, Inc and authorize the City Manager to execute the agreement and any needed change orders or amendments to supporting professional agreements up to the authorized Project amount C. 2023 CITY OF COTATI HOLIDAY TREE LIGHTING EVENT IN LA PLAZA PARK.

It is recommended that the City Council adopt a resolution approving the 2023 City of Cotati Holiday Tree Lighting Event.

D. GENERAL ENGINEERING SERVICES AGREEMENT WITH MOE
ENGINEERING, INC. FOR PROVIDING GENERAL ENGINEERING

SUPPORT SERVICES
It is recommended that the City of Cotati City Council by motion approve a Professional Services Agreement with Moe Engineering, Inc. for General Engineering Services, for an amount not to exceed $45,000, and authorize the City Manager to execute said Agreement.

E. ACCEPT CITY HALL WINDOW REPLACEMENT PROJECT
It is recommended the City of Cotati City Council adopt a resolution accepting the City Hall Window Replacement Project and authorize the City Clerk to file a notice of completion and, after 35 days with no protests, release the retention.

F. AWARD OF A LANDSCAPE MAINTENANCE CONTRACT FOR KOTATE

PARK, DEMONSTRATION GARDEN PARK, POCKET PARK, THE

NORTHERN GATEWAY, AND GARDEN GATE, PARK MEADOWS, AND

ALTMAN ACRES LANDSCAPE AND LIGHTING ASSESSMENT

DISTRICTS
It is recommended the City Council approve by motion a standard service agreement with Landcare USA, LLC to perform routine landscape maintenance for City properties consisting of Kotate Park, Demonstration Garden Park, Pocket Park, and the Northern Gateway, and Landscape and Lighting Districts consisting of Garden Gate, Park Meadows, and Altman Acres.

Cotati City Council Agenda September 12, 2023

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G. ACCEPT THE KOTATI PARK REVITALIZATION PROJECT

IMPROVEMENTS
It is recommended the City of Cotati City Council accept the Kotate Park Revitalization Project Improvements and direct the City Clerk to record the Notice of Completion and after 35 days with no protests release the retention to Oak Grove Construction

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. INTERIM URGENCY ORDINANCE PROHIBITING THE CONVERSION OF

SENIOR MOBILEHOME PARKS
It is recommended that the City Council adopt an interim urgency ordinance to impose a moratorium on the conversion/change of any mobilehome park currently existing in the City from a park occupied primarily or exclusively by residents over the age of 55 years (Senior Residents) to a mobilehome park allowing residents of all ages and declaring the urgency thereof, to take effect immediately.

12. CITY MANAGER'S REPORT

13. CITY COUNCIL MEMBER REPORTS

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

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

16. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City's website, bulletin boards of City Hall, Veterans' Memorial Building and the SMART Train Depot, on or before September 8, 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 22, 2023
6:00 PM REGULAR MEETING

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

2. ROLL CALL
Attendee Name Title Status
Susan Harvey Mayor Present
Laura Sparks Vice Mayor Present
Ben Ford Councilmember Present
Sylvia Lemus Councilmember Present
Kay Rivers Councilmember Present
Staff present: City Attorney John Bakker, City Manager Damien O’Bid, Deputy City Clerk Kevin Patterson, 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 - AUG 8, 2023 6:00 PM RESULT: ACCEPTED [UNANIMOUS]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Ben Ford, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers

5. ANNOUNCEMENTS

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Minutes Acceptance: Minutes of Aug 22, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 22, 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.

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

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

6. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI DECLARING AUGUST 26, 2023, AS WOMEN'S EQUALITY DAY
Mayor Harvey read the proclamation.

Katie Gordon and Ofra Isler of the Sonoma County Commission on the Status of Women accepted the proclamation.

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

No public comment.

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

Jenny Blaker of Cotati
Laurie Alderman of Cotati

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Minutes Acceptance: Minutes of Aug 22, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 22, 2023

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

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

IMPROVEMENT AGREEMENT
C. APPROVAL OF ANNUAL STORM WATER SUPPORT SERVICES

AGREEMENT

10. DIRECTION ON FUTURE AGENDA ITEMS
Mayor Harvey requested a future agenda item on the Zero Waste Sonoma model ordinance regarding construction/demolition waste disposal.

Councilmember Rivers requested future agenda items on a Citizen's Police Oversight Committee, term limits for Councilmembers, and a library in Cotati.

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)
RESULT: ADOPTED [3 TO 2]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Sparks, Ford, Rivers
NAYS: Harvey, Lemus
Presentation by Senior Planner JP Harries.

Councilmembers comment.

Public comment:

Christoper Kren-Mora of Cotati
Nic Buccellato of Cotati
Michael Parks of Cotati
Elmer Glasser of Cotati
Vincent Neuman of Cotati
Sharon Bello of Cotati
Tom Monahan

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Minutes Acceptance: Minutes of Aug 22, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 22, 2023

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Eric Radcliffe of Cotati
Riley Hurd
After some discussion, Council elected to re-open the public hearing for additional public comment.

Public Comment Round Two:

Tom Monahan
Michael Parks of Cotati
Riley Hurd
B. MASTER FEE SCHEDULE UPDATE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Presentation by City Manager Damien O'Bid
Councilmembers comment
Public comment:

Neil Hancock of Cotati
Council approved the changes to the Master Fee Schedule, except the changes to the tree removal penalty.

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

REVENUE SOURCES, CASH AND INVESTMENTS
Presentation by Director of Administrative Services Angela Courter.

Councilmembers comment.

Public comment:

Neil Hancock of Cotati
Laurie Alderman of Cotati
B. APPOINTMENT OF A VOTING DELEGATE AND ALTERNATE TO THE 2022 LEAGUE OF CALIFORNIA CITIES (LOCC) ANNUAL CONFERENCE Presentation by City Manager Damien O'Bid
Councilmembers comment.

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Minutes Acceptance: Minutes of Aug 22, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes August 22, 2023

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No public comment.

Council voted to appoint Mayor Susan Harvey as the voting delegate, and Counilmember Rivers and City Manager O'Bid as the alternates.

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

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

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS
Public comment:

Laurie Alderman of Cotati

16. CLOSED SESSION

1. 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
Mayor Harvey adjourned to closed session at 8:55pm.

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

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

19. ADJOURNMENT
Mayor Harvey adjourned the meeting at 9:47pm.
/s/ Kevin Patterson, Deputy City Clerk

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Minutes Acceptance: Minutes of Aug 22, 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: Accept Dance Studio Repairs Project Improvements Date: September 12, 2023
Written by: Brianna Steel, Engineering Tech
Recommendation
It is recommended the City of Cotati City Council adopt a resolution accepting the Dance Studio Repairs Project Improvements, authorizing the City Clerk to record the notice of completion with the County Clerk, and releasing the retention after 35 days if there are no protests received.

Background
The City owns and maintains buildings for its civic functions including recreation. The Community Center is one such building and it had sustained water damage requiring repairs.

On March 28th, 2023, the City Council awarded the Construction Contract for the Dance Studio Repairs to United Mechanical and M3 Integrated Services in which they were to repair the damaged HVAC ducting and remediate water damage to the wall and dance floor.

Analysis/Discussion
The Notice to Proceed was issued with a start date of April 17th,2023 and a required completion date, per contract documents, of May 7th,2023. A final walkthrough was conducted on May 9th, 2023 completed by City Staff. The City Engineer has determined the work has been completed in accordance with the contract documents and is recommending it for acceptance by the City.

Following City Council acceptance of the improvements, the City Clerk is to record the Notice of Completion within 15 days of the date of resolution and provide a copy to the contractor (Cal.

Civil Code §9204). The City is then to release any remaining contract retention to M3 Integrated Services, Inc. and United Mechanical 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.

Financial Considerations

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The work was completed at $47,910, with a budget that was not to exceed $50,000; leaving $2,090 to be returned to the Civic Center Miscellaneous Improvements account.

Environmental Issues
This Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Dance Studio Repairs is a minor repair of an existing interior structure, therefore, no further environmental review is required.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ACCEPTING

THE DANCE STUDIO REPAIRS IMPROVEMENTS, AUTHORIZING THE CITY

CLERK TO RECORD THE NOTICE OF COMPLETION WITH THE COUNTY CLERK, AND RELEASING THE RETENTION AFTER 35 DAYS IF THERE ARE NO PROTESTS RECEIVED.

WHEREAS, on March 28th, 2023, the City Council awarded the Construction Contract for the Dance Studio Repairs to United Mechanical and M3 Integrated Services, Inc. in which they were to repair the damaged HVAC ducting and remediate water damage to the wall and dance floor; and
WHEREAS, the Notice to Proceed was issued with a start date of April 17th 2023 and a required completion date, per contract documents, of May 7th 2023 with a final walkthrough on May 9th 2023; completed by City staff; and
WHEREAS, M3 Integrated Services, Inc. and United Mechanical has completed the work specified in the contract documents to the satisfaction of the Public Works Director/City Engineer; and
WHEREAS, the work was completed at $47,910 with a budget that was not to exceed $50,000; leaving $2,090 to be returned to the Civic Center Miscellaneous Improvements account; and
WHEREAS, the Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Dance Studio Repairs Project is a minor alteration of an existing structure, therefore, no further environmental review is required.

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

1. Accepts the contract work performed on the Dance Studio Repairs Project; and

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

3. Authorizes the City Manager to release any remaining contract retention to M3 Integrated Services, Inc. and United Mechanical 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 September 12th, 2023, by the following vote, to wit:

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

NOC Dance Studio (PDF)
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After recording, return to:

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

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

1. The City Council of the City of Cotati has accepted the improvements at the City Council meeting of Septmeber 12th, 2023, for the Dance Studio Repairs. The nature of the City of Cotati’s interest, as owner, of the property is as public rightof-way.

2. The improvements were completed and deemed complete by the Director of Public Works/City Engineer on May 9th, 2023.

3. The name of the original contractor for the work of improvement was M3 Integrated Services, Inc. and United Mechanical, for a total constructed amount of $47,910.

4. 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
Public Works Director /City Engineer

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Attachment: NOC Dance Studio (Acceptance of Dance Studio Repairs) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Award of the 2024 Street Improvements Project
Date: September 12, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution awarding the 2024 Street Improvements Project (Project) to Ghilotti Brothers, Inc and authorize the City Manager to execute the agreement and any needed change orders or amendments to supporting professional agreements up to the authorized Project amount
Background
The City’s Five-Year Capital Improvements Program includes a list of street paving projects, and the paving projects are based on a Pavement Management Program (PMP), updated every 2 years, which guides the identification and prioritization of street pavement maintenance projects.

The PMP provides strategies to prioritize the annual roadway projects based on their condition and treatment costs. Pavement maintenance projects are significantly funded by, and made possible by Measure S, the City’s local revenue measure, grant matching funds, as well as the street financing issued in 2022. The City Council continues to prioritize street repair and maintenance to reduce long-term maintenance costs. Since July 2020, the City has completed approximately $11.6 million in roadway improvements. These investments have made considerable progress in improving the condition of our roadways.

Analysis/Discussion
The 2024 Street Improvements (Project) is included in the City’s current Five-Year Capital Improvement Program. The streets included in the total base bid are Village Ct, Gravenstein Way, Gilbert Way, Pinewood Way, Pinewood Ct, Wilford Ln, Gilbert Ct, Ahlstrom Cir, Woodland Hills Dr, E School St, Christensen Ln, and Christensen Ct. This work is pavement preservation, so it includes repair of failed areas (dig outs/repairs), slurry seal and restriping.

The bid documents were finalized and the Project was advertised for bidding on July 28, 2023.

On August 22, 2023, three bids were received, with the low bid provided by American Asphalt Repair & Resurfacing Co., Inc for a total base bid amount of $486,109.00 which is 14 percent

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above the Engineer’s estimate. The bid summary is attached.

In April 2022, City Staff conducted a consultant selection process and selected Green Valley Consulting Engineers, based on their being best qualified to perform construction management services for this Project. City staff requested and Green Valley Consulting Engineer is provided a proposal for Construction Management and Inspection services for the Project and City staff has reviewed the proposal and finds it to be fair and reasonable and recommends it for approval.

Financial Considerations
The City’s adopted FY23/24 Budget includes $601,000 for this project, and accounting for the design agreement, amendments to the design agreement, construction contract, Construction Management professional services, engineering services during construction and change orders, amendments, and a 10 percent contingency, the total needed project budget is $688,000, which exceeds the approved budget by $87,000. Under a prior action, the City Council approved a total project budget for the Park and Ride Project with a contingency of $360,966 (13.8% of the construction cost for the Park and Ride Project). To avoid reducing the City General Fund unencumbered balance, Staff are recommending reducing the Park and Ride Project contingency by $87,000 and applying that amount to the 2024 Street Improvements Project.

Environmental Issues
The Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI AWARDING THE CONSTRUCTION CONTRACT FOR THE 2024 STREET IMPROVEMENTS PROJECT TO AMERICAN ASPHALT REPAIR & RESURFACING CO., INC AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT AND CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

AGREEMENT, DESIGN AMENDMENTS AND ANY NEEDED CHANGE ORDERS AND AMENDMENTS, UP TO THE AUTHORIZED PROJECT BUDGET AMOUNT.

WHEREAS, the City’s Five-Year Capital Improvements Program includes a list of street paving projects, and the paving projects are based on a Pavement Management Program (PMP), updated every 2 years, which guides the identification and prioritization of street pavement maintenance projects; and
WHEREAS, the PMP provides strategies to prioritize the annual roadway projects based on their condition and treatment costs; and
WHEREAS, the 2024 Street Improvements (Project) is included in the City’s current Five-Year Capital Improvement Program; and
WHEREAS, the streets included in the bid are Village Ct, Gravenstein Way, Gilbert Way, Pinewood Way, Pinewood Ct, Wilford Ln, Gilbert Ct, Ahlstrom Cir, Woodland Hills Dr, E School St, Christensen Ln and Christensen Ct; and
WHEREAS, bid documents were finalized and the Project was advertised for bidding on July 28, 2023; and
WHEREAS, on August 22, 2023, three bids were received, with the low bid provided by American Asphalt Repair & Resurfacing Co., Inc for a total base bid amount of $486,109.00 which is 14 percent above the Engineer’s estimate, and the bid summary is attached; and WHEREAS, in April 2022, City Staff conducted a consultant selection process and selected Green Valley Consulting Engineers, based on their being best qualified to perform construction management services for this Project; and
WHEREAS, City staff requested and Green Valley Consulting Engineer’s provided a proposal for Construction Management and Inspection services for the Project and City staff has reviewed the proposal and finds it to be fair and reasonable and recommends it for approval; and WHEREAS, the City’s adopted FY 23/24 Budget includes $601,000 for this project, and accounting for the design agreement, amendments to the design agreement, construction contract, Construction Management professional services, engineering services during construction and change orders, amendments, and a 10 percent contingency, the total needed project budget is $688,000, which exceeds the approved budget by $87,000; and Packet Pg. 18
WHEREAS, under a prior action, City Council approved a total project budget for the Park and Ride Project with a contingency of $360,966 (13.8% of the construction cost for the Park and Ride Project), and, to avoid reducing the City’s General Fund unencumbered balance, Staff is recommending reducing this contingency by $87,000, and applying that amount to the 2024 Street Improvements Project; and
WHEREAS, the Project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.

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

1. All of the above recitals are true and correct and incorporated herein by reference; and

2. The construction contract for the Project is awarded to American Asphalt Repair & Resurfacing Co., Inc for $486,109; and

3. The Construction Management and Inspection Agreement with Green Valley Consulting Engineers for $110,400, is approved; and

4. The approval of the budget reclassification from the Park and Ride Project to this project for an amount of $87,000; and

5. The City Manager (or designee) is authorized to execute the construction contract for the Project, the construction management and inspection agreement, the amendments to the design agreement and any needed change orders, amendments and miscellaneous Project expenses up to the Project’s budgeted amount of $688,000.

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 September 12th, 2023, by the following vote, to wit:

BID TABULATION SUMMARY SHEET
Downtown Civic Center Connectivity and Safety Project
Bidders:

Item
Number Item Description Quantity Unit of Measurement Unit Price ($) Total Cost ($) Unit Price ($) Total Cost ($) Unit Price ($) Total Cost ($) Unit Price ($) Total Cost ($) 1 Mobilization 1 LS $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 50,000.00 $ 50,000.00 $ 26,880.00 $ 26,880.00 2 Traffic Control and Constructuion Area
Signs
1 LS $ 12,000.00 $ 12,000.00 $ 63,000.00 $ 63,000.00 $ 69,000.00 $ 69,000.00 $ 125,580.50 $ 125,580.50 3 Storm Water Pollution Prevention 1 LS $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 $ 1,500.00 $ 1,500.00 4 Unsuitable Subgrade (Revocable if not
used) 50 CY $ 160.00 $ 8,000.00 $ 100.00 $ 5,000.00 $ 153.00 $ 7,650.00 $ 378.00 $ 18,900.00 5 Slurry Seal 30,410 SY $ 5.00 $ 152,050.00 $ 5.90 $ 179,419.00 $ 2.75 $ 83,627.50 $ 3.35 $ 101,873.50 6 Crack Seal 12,000 LF $ 2.00 $ 24,000.00 $ 2.25 $ 27,000.00 $ 1.45 $ 17,400.00 $ 1.62 $ 19,440.00 7 4" HMA Base Repair (Slurry Seal Streets) 11,000 SF $ 12.00 $ 132,000.00 $ 10.25 $ 112,750.00 $ 14.50 $ 159,500.00 $ 10.26 $ 112,860.00 8 Construct Caltrans Case B Curb Ramp 1 EA $ 10,800.00 $ 10,800.00 $ 17,000.00 $ 17,000.00 $ 25,000.00 $ 25,000.00 $ 15,930.00 $ 15,930.00 9 Construct Caltrans Case C Curb Ramp 1 EA $ 8,800.00 $ 8,800.00 ---- ---- ---- ---- ---- ---- 10 Remove and Replace Sidewalk
(Revocable if not used) 50 SF $ 35.00 $ 1,750.00 $ 315.00 $ 15,750.00 $ 158.00 $ 7,900.00 $ 77.76 $ 3,888.00 11 Install Pavement Marking
(Thermoplastic) 600 SF $ 6.00 $ 3,600.00 $ 8.00 $ 4,800.00 $ 16.00 $ 9,600.00 $ 16.20 $ 9,720.00 12 Install 6" Stripe (W) (Thermoplastic) 1,420 LF $ 1.70 $ 2,414.00 $ 2.00 $ 2,840.00 $ 3.15 $ 4,473.00 $ 3.24 $ 4,600.80 VSS International
Bid Opening Date 08/22/2023
Engineer's Estimate: $425,000
Engineer's Estimate American Asphalt Pavement Coatings Inc 2024 Street Improvements Bid Tabulation

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Attachment: 2024 Street Improvement Bid Tab (Award 2024 Street Improvements Project) 13 Install 6" Stripe (BLUE) (Thermoplastic) 100 LF $ 5.00 $ 500.00 $ 10.00 $ 1,000.00 $ 10.55 $ 1,055.00 $ 10.80 $ 1,080.00 14 Install 8" Stripe (W) (Thermoplastic) 70 LF $ 2.50 $ 175.00 $ 4.00 $ 280.00 $ 5.25 $ 367.50 $ 5.40 $ 378.00 15 Install 12" Stripe (W) (Thermoplastic) 2,210 LF $ 6.00 $ 13,260.00 $ 8.00 $ 17,680.00 $ 12.65 $ 27,956.50 $ 12.96 $ 28,641.60 16 Install Blue Fire Hydrant Marker 19 EA $ 18.00 $ 342.00 $ 20.00 $ 380.00 $ 26.50 $ 503.50 $ 27.00 $ 513.00 17 Caltrans Striping Detail 1 630 LF $ 1.40 $ 882.00 $ 2.00 $ 1,260.00 $ 1.55 $ 976.50 $ 162.00 $ 1,020.60 18 Caltrans Striping Detail 4 250 LF $ 6.00 $ 1,500.00 $ 2.00 $ 500.00 $ 2.65 $ 662.50 $ 2.70 $ 675.00 19 Caltrans Stiping Detail 22 1,000 LF $ 2.70 $ 2,700.00 $ 4.00 $ 4,000.00 $ 5.25 $ 5,250.00 $ 5.40 $ 5,400.00 20 Caltrans Striping Detail 27B 410 LF $ 1.30 $ 533.00 $ 2.00 $ 820.00 $ 2.10 $ 861.00 $ 2.16 $ 885.60 21 Caltrans Striping Detail 30 910 LF $ 8.00 $ 7,280.00 $ 7.00 $ 6,370.00 $ 6.35 $ 5,778.50 $ 6.48 $ 5,896.80 22 Caltrans Striping Detail 38B 70 LF $ 3.50 $ 245.00 $ 2.50 $ 175.00 $ 5.30 $ 371.00 $ 5.40 $ 378.00 23 Caltrans Striping Detail 39 590 LF $ 1.50 $ 885.00 $ 2.00 $ 1,180.00 $ 2.10 $ 1,239.00 $ 2.16 $ 1,274.40 24 Caltrans Striping Detail 39A 570 LF $ 1.20 $ 684.00 $ 1.50 $ 855.00 $ 2.10 $ 1,197.00 $ 2.16 $ 1,231.20 25 Caltrans Type AY Non-Reflective Markers
Detail 41A 750 LF $ 4.00 $ 3,000.00 $ 3.00 $ 2,250.00 $ 5.25 $ 2,937.50 $ 5.40 $ 4,050.00 26 Remove and Reset Ex Sign (Revocable if
not used) 4 EA $ 250.00 $ 1,000.00 $ 450.00 $ 1,800.00 $ 500.00 $ 2,000.00 $ 432.00 $ 1,728.00 Total $ 425,000.00 $ 486,109.00 $ 489,306.00 $ 494,325.00

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Attachment: 2024 Street Improvement Bid Tab (Award 2024 Street Improvements Project) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: 2023 City of Cotati Holiday Tree Lighting Event in La Plaza Park.

Date: September 12, 2023
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council adopt a resolution approving the 2023 City of Cotati Holiday Tree Lighting Event.

Background
The Annual Holiday Tree Lighting is an event that the City of Cotati sponsors each year, bringing the community to La Plaza Park to celebrate the holiday season. Continuing this year, staff intend to incorporate crafts and other goods that vendors can sell throughout the evening, as well as food vendor and truck options.

Analysis/Discussion
Below is a summary of the event. The logistics, operation and participants are anticipated to be very similar to the 2022 event. The request includes the following: 1) exclusive use of La Plaza Park; 2) closure of public streets, including parking spaces; 3) food truck and other vendor sales in the park; 4) live, amplified entertainment as well as animals in the park.

Event Attendance Dates/Times
Holiday Tree Lighting 500-750 Friday, December 1
st (4:00pm-8:00pm)
California Vehicle Code Section 21101 (e) authorizes the temporary closing of any street for celebrations, parades, local events and other purposes when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. In this instance, the public street would be heavily used for horse and carriage rides, vendor logistics, porta-potties, and equipment, so closure would be in the best interest of public safety. The Police Department will notify the appropriate public and emergency response agencies of the closures.

The Holiday Tree Lighting is a yearly event that brings many children and adults together. The

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event will begin at 4:00 pm with vendors selling items in the park. Participants will then enjoy multiple activities and events in La Plaza Park, including amplified live entertainment, horse and carriage rides, visits with Santa, and the lighting of the tree. Exclusive use of La Plaza Park, the Bandstand, and La Plaza from Old Redwood Highway to West Sierra Avenue, including parking spaces from 8:00am through 10:00pm to allow for set-up, breakdown, and clean-up, is requested.

In order to maximize the safety of those attending, the Police Department would need to temporarily close La Plaza Street from Old Redwood Highway to West Sierra Avenue from 12:00 pm through 10:00 pm.

Financial Considerations
This event is widely marketed and has increased the number of visitors to the City. The increased visitation is evidenced not only at the event, but at local businesses as well. The event provides increased opportunity to promote economic development and increased sales tax revenue.

Financial considerations for the City would be expenditure of a total of approximately $8,818 in staff costs accommodated in the FY 23-24 budget. The staff costs are comprised largely of Recreation staff ($4,330) and Public Works staff ($4,488) and are broken out below.

Staff Time - 99 hours, estimated cost $8,818
Recreation Staff prep work & day of event – 55 hours
Install/Remove tree and lights in La Plaza Park – 41 hours Install/Remove overhead banner at Old Redwood Highway – 1.5 hours Street Closure – 1.5 hours
Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING THE 2023 CITY OF COTATI HOLIDAY TREE LIGHTING EVENT IN LA PLAZA PARK.

WHEREAS, the City of Cotati sponsors an annual Holiday Tree Lighting event, traditionally held in La Plaza Park; and
WHEREAS, California Vehicle Code Section 21101(e) authorizes temporary street closures where certain conditions exist; and
WHEREAS, it will be necessary to temporarily close certain streets, as described in this resolution and Exhibit “A”, to facilitate this event; and WHEREAS the closure is necessary for the safety and protection of persons who are to use that portion or portions of the street(s) during the temporary closing; and WHEREAS, the Chief of Police of the City of Cotati will arrange for temporary street and lane closure and traffic re-routing, which would minimize the traffic hazard conditions and allow for orderly movement of traffic; and
WHEREAS, the Chief of Police will contact the Rancho Adobe Fire Protection District, ambulance service providers, bus service providers, and others who may need ingress, egress, or the ability to traverse the affected area and will reasonably provide for their needs; and WHEREAS, the City Council finds that this event is part of a comprehensive economic development strategy by the City of Cotati in that it increases visitation to the City, promotes the Cotati community and results in increased sales tax revenues; and WHEREAS, the City Council further finds that the health, safety, and welfare of the citizens of the City of Cotati will not be jeopardized by the approval of this event; and WHEREAS, it will be necessary to conform to certain conditions as described in “Exhibit A,” attached hereto, to facilitate this event; and WHEREAS, the action of approving a Holiday Tree Lighting event does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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

1. The above recitals are true and correct and are incorporated herein by reference.

2. The closure of La Plaza Park for use for the Holiday Tree Lighting on Friday, December 1, 2023, between 8:00 am and 10:00 pm is hereby approved, to include amplified Packet Pg. 24
music, vendor and food truck sales, and other activities as described in the accompanying staff report.

3. The temporary closure of portions of La Plaza Street, between Old Redwood Highway and West Sierra Avenue on December 1, 2023, between the hours of 12:00pm and 10:00pm is hereby approved.

4. The use of staff time and City Funds for the Holiday Tree Lighting, as further described in the accompanying staff report, is hereby approved.

5. The Conditions of Approval, attached as Exhibit A to this resolution, is hereby approved.

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 September 12th, 2023, by the following vote, to wit:

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

Exhibit A Conditions of Approval Holiday Tree Lighting (PDF) Packet Pg. 25
EXHIBIT “A”

CONDITIONS OF APPROVAL

HOLIDAY TREE LIGHTING

1. The City of Cotati shall ensure the public facilities (park, parking spaces and streets) are cleaned completely and returned to pre-event condition within 48 hours of the event.

2. The event shall be carried out as described in the written descriptions submitted by the applicant, approved by the City Council, and in compliance with these Conditions of Approval.

3. The City of Cotati is granted exclusive use of La Plaza Park, including closure of all public streets and parking spaces necessary to accommodate the event on Friday, December 1 st
, 2023, from 8:00am to 10:00pm for the event. This approval includes amplified live entertainment, food and vendor sales, and closure of La Plaza Street between Old Redwood Highway and West Sierra Avenue between 12:00pm-10:00pm.

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

5. The City of Cotati shall adhere to the following approved event area:
o La Plaza Park
o La Plaza from West Sierra Avenue to West Cotati Avenue

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Attachment: Exhibit A Conditions of Approval Holiday Tree Lighting [Revision 1] (2023 Holiday Tree Lighting Resolution) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: General Engineering Services Agreement with Moe Engineering, Inc. for providing general engineering support services
Date: September 12, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended that the City of Cotati City Council by motion approve a Professional Services Agreement with Moe Engineering, Inc. for General Engineering Services, for an amount not to exceed $45,000, and authorize the City Manager to execute said Agreement.

Background
The City uses engineering consultants to assist the Public Works Department with services on an as needed basis to augment City staff. Use of consultants is a common practice for small cities as workloads fluctuate and consultants help with both expertise and resource leveling. It is especially appropriate now as the Engineering group consists of two Full Time Equivalents (FTEs), the Public Works Director/City Engineer and two part time Engineering Technicians, as the City endeavors to fill the vacant Civil Engineer and Engineering Technician positions.

Analysis/Discussion
The Public Works Department’s Engineering Division regularly uses contract services to augment staff. These services are used for updating or maintaining engineering standards, updating permit processes, preparing designs for maintenance projects (i.e. Storm Water repairs, crosswalks, and any needed surveying work), Low Impact Development support, consultation on real property/surveying tasks including certificates of correction, providing development review.

With the filling of the two part time Engineering Technician positions in calendar year 2022, the City has less need for assistance with routine Engineering administrative tasks, including processing encroachment permits, processing conservation rebates, assistance with records management, and responding to customer calls.

The City conducted a consultant selection process in spring of 2022, and selected Moe Engineering as the most qualified for on-call services. City Staff requested and Moe Engineering provided the attached proposal for these services and staff has determined it to be fair and reasonable.

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Financial Considerations
The City’s adopted Fiscal Year 2023-24 Budget includes $25,000 for On-Call General Engineering Services and $20,000 within the Engineering, Storm Water and Streets professional services accounts for this agreement. No new or additional appropriations of funds are deemed necessary at this time. This amount does not include development review charges which are paid for through direct cost recovery either through deposit accounts or itemized charges received upon issuance of building permits.

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:

Proposal - Moe Engineering - General Engineering Services - August 2023 (PDF)

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R.C.E. 48460
2950 Montecito Avenue
Santa Rosa, CA 95404
(707) 544 - 6274 FAX (707) 544 - 9086
August 18, 2023
City of Cotati
Attn: Craig Scott, Director of Public Works/City Engineer 201 West Sierra Avenue
Cotati, CA 94931
Subject: Professional Services Agreement
Moe Engineering Inc. - General Engineering Services FY 2023-2024 City of Cotati
Dear Craig:

Moe Engineering, Inc. respectfully submits this proposal for providing general engineering services to the City of Cotati. Moe Engineering proposes to provide general engineering support to the Public Works Department on an “as-needed” basis. These services have been provided by our firm to the City over the past years and the City desires to extend these services under a new agreement for this fiscal year 2023-2024. These general engineering services will be performed pursuant to a Professional Services Agreement with the City of Cotati.

We propose to provide the following services for a Not-to-Exceed amount as follows:

1. $20,000.00 - On-call General Engineering services, updating and revising the City Engineering Standards, update utility mapping, update permit processes, provide support to other City Departments and other tasks as requested by the City Engineer.

2. $25,000.00 – Drainage/Utility design services; CIP support.

Two drainage projects have been identified: Roadside drainage improvements in the vicinity of 490 West School Street; and Henry Street Drainage Improvements – roadside drainage on the northerly side.

3. Development Review General Engineering services, which is cost recoverable by the City (pass-through) and therefore is not included in the city budget but reimbursed by developers/applicants.

Billing is monthly, or as a specific scope of work is complete, and based on the attached Fee Schedule.

The full amount is due 30 days from the date of the invoice.

Thank you for the continued opportunity to provide engineering services to the City of Cotati. We look forward to providing these services to the City of Cotati in the fiscal year 2023-2024.

Sincerely,
John L. Moe, PE, President, Moe Engineering, Inc.

Attachment: Moe Engineering Fee Schedule - 2023

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Attachment: Proposal - Moe Engineering - General Engineering Services - August 2023 (2024 General Engineering Services Agreement)

FEE SCHEDULE
Effective 2023
=============================================================== Principal $239.00/hour
Senior Engineer $209.00/hour
Land Surveyor $209.00/hour
Associate Engineer/Inspector $180.00/hour
Assistant Engineer $161.00/hour
Engineering/Survey Technician $149.00/hour
Drafting Technician $131.00/hour
Administrative Support $ 90.00/hour
Field Survey Crew (2-person) $358.00/hour
All charges and fees including subconsultant fees, cost of prints, copies, travel, telephone toll charges and other non-labor related expenses paid by this firm to others on behalf of the client shall be billed at the cost of the charge or fee plus 15% handling and accounting fee. All invoices are due within 30 days of the date of the invoice.

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

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Attachment: Proposal - Moe Engineering - General Engineering Services - August 2023 (2024 General Engineering Services Agreement) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Accept City Hall Window Replacement Project
Date: September 12, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution accepting the City Hall Window Replacement Project and authorize the City Clerk to file a notice of completion and, after 35 days with no protests, release the retention.

Background
The City’s Capital Plan includes efforts to upgrade and maintain public buildings and facilities.

Recently, the City has completed replacing the roof on the Community Center and has now completed replacing City Hall windows facing West Sierra Avenue.

Analysis/Discussion
On July 26, 2022, the City Council awarded the City Hall Window Replacement Project construction contract to August-Jaye for a total construction contract amount of $208,071. The final amended construction cost for August-Jaye is $206,716. This amount is subject to a maintenance bond guarantee of 10% or $20,716.

Total project costs for the window replacement at City Hall was $235,586, including construction management, architectural support and direct costs. The adopted budget authorization for the project is not to exceed $350,000.

On June 28, 2023, City staff completed a final walk-through of the Project, and the City Engineer has determined the work to be completed in accordance with the contract documents and recommends it for acceptance by the City. Unappropriated funds for this project were released back to the general fund to support other projects as needed.

Financial Considerations
The City Hall Window Project is one of several projects within the City’s Civic Center Windows and Exterior Repairs project included in the City’s Fiscal Year 22/23 Adopted Budget. The total cost for the project was $235,586 and within budget.

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

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ACCEPTING

THE CITY HALL WINDOW REPLACEMENT PROJECT AND DIRECTING THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION AND, AFTER 35 DAYS WITH NO PROTESTS, RELEASE THE CONSTRUCTION CONTINGENCY.

WHEREAS, the City’s Capital Plan includes efforts to upgrade and maintain public buildings and facilities, and, recently, the City has completed replacing the roof on the Community Center, and has now completed replacing City Hall windows facing West Sierra Avenue; and
WHEREAS, on July 26, 2022, City Council awarded the City Hall Window Replacement Project construction contract to August-Jaye for an amount not to exceed $208,071, and authorized staff to approve design contracts and construction management contracts, plus any needed change orders within the total authorized budget amount of $350,000; and WHEREAS, there were two change orders, one to repair damage to exterior stucco on City Hall and apply missing stucco on the Community Center and the second was to delete the exterior painting on City Hall (wall facing West Sierra Ave); the painting was to be completed by another project so was unnecessary, and the combined result of these change orders was a reduction of the contract amount of $1,354 to $206,716, of which is subject to maintenance bond guarantee of 10% or $20,716; and
WHEREAS, on June 28, 2023, City staff completed a final walk-through of the Project, and the City Engineer has determined the work to be completed in accordance with the contract documents and recommends it for acceptance by the City; and WHEREAS, the total cost for the project was $235,586, including construction management, architectural support and direct costs, which was within the authorized budget and unincumbered funds are to be released back to the general fund to support further projects; and WHEREAS, construction work for the City Hall Window Project has been completed and the construction contract portion of this effort is being recommended for acceptance; and WHEREAS, City acceptance of the improvements allows the construction retention to be released, after proper noticing, and the maintenance warranty period to begin; and WHEREAS, this Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the City Hall Window Replacement and Exterior Repairs Project is a minor alteration of an existing structure, therefore, no further environmental review is required.

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

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

2. Accepts the contract work performed on the City Hall Window Replacement Project; and

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 Packet Pg. 33
Code §9204); and

4. Authorizes the City Manager to release any remaining contract retention to August-Jaye Construction 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 September 12th, 2023, by the following vote, to wit:

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

NOC (PDF)
Packet Pg. 34
After recording, return to:

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

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

1. The City Council of the City of Cotati has accepted the improvements at the City Council meeting of September 12, 2023, for the City Hall Window Replacement.

The nature of the City of Cotati’s interest, as owner, of the property and the improvements.

2. The improvements were completed and deemed complete by the Director of Public Works/City Engineer on June 28, 2023.

3. The name of the original contractor for the work of improvement was AugustJaye Construction for a total constructed amount of $206,716.

4. The Contractor has provided the City with a maintenance bond and guaranty in the amount of 10 percent of the construction contract amount ($20,716) 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.

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

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Attachment: NOC (Accept City Hall Window Project)
Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Award of a Landscape Maintenance Contract for Kotate Park, Demonstration Garden Park, Pocket Park, the Northern Gateway, and Garden Gate, Park Meadows, and Altman Acres Landscape and Lighting Assessment Districts Date: September 12, 2023
Written by: Brianna Steel, Engineering Tech
Recommendation
It is recommended the City Council approve by motion a standard service agreement with Landcare USA, LLC to perform routine landscape maintenance for City properties consisting of Kotate Park, Demonstration Garden Park, Pocket Park, and the Northern Gateway, and Landscape and Lighting Districts consisting of Garden Gate, Park Meadows, and Altman Acres.

Background
The City uses contract services to maintain City Parks, streetscapes, and Landscape and Lighting Assessment Districts. The City monitors the performance under these contracts and will periodically conduct competitive bidding to obtain better performance and pricing and as conditions change. For example, recent Capital projects to improve Pocket Park and Kotate Park have significantly changed the maintenance needs for those areas.

Analysis/Discussion
In July 2023, City Staff conducted an assessment of each of the areas under landscape contract services and found many to be under maintained. Also, in July and August 2023, the City completed Capital Improvement Projects at Pocket Park and Kotate Park and these improvements changed the maintenance requirements as well as provides an opportunity to hand over maintenance responsibilities of sites in excellent condition. Finally, the Demonstration Garden and the Northern Gateway are areas with high visibility to the public and are undermaintained.

The City owned properties listed above were selected for a competitive selection process in addition to areas with adequate assessments (Landscape and Lighting Assessment [LLA] Zones)

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that should be receiving a higher level of maintenance but were found to be undermaintained.

LLA Zones 1-6 do not have an annual inflation adjustment, so cannot afford increased maintenance costs. However, Zones 7-10 do have an annual inflation adjustment, so those were looked at more closely for implementing higher levels of maintenance. Zone 9 (Santero Way) is already under contract and is being well maintained. Zones 7 (Garden Gate), 8 (Park Meadows), and 10 (Altman Acres) are under contract but are undermaintained. These Zones were therefore included in the competitive bid process.

City Staff issued a request for quotes from several landscaping companies, vetted for experience with prevailing wage contracts. On August 16th, 2023, there was a mandatory site walk for all companies to attend and review the areas. The attendees were Cagwin & Dorward, PJM and Landcare USA, LLC. The quotes were due on August 23, 2023, and the City received one quote from LandCare USA, LLC. City Staff reviewed the quote, compared it against the costs and level of service from the existing contractor (PJM) and find it to be fair and reasonable.

If approved, LandCare USA, LLC would begin maintaining these areas October 1, 2023. The draft contract is attached and is for approval in substantially the form presented.

Financial Considerations
The City current annual budgeted expenditures is $11,580 for landscape services to the proposed contract areas. LandCare USA, LLC’s provided a bid of $34,884 annually, an annual increase of $23,304. Of this balance $14,934 is for General Fund maintained landscaping and the remaining $8,370 is for LLAD Zones. The increase in General Fund expenditure is proposed to be met with an appropriation of funds from the unappropriated General Fund balance.

For the Landscape and Lighting Assessment District Zones the increase in price will be covered as stated below:
a. Garden Gate has annual revenue projected to exceed expenses by $2,579, and the total increase in cost is $2,259, leaving $320 in annual revenue over projected expenses;
b. Altman Acres has annual revenue projected to exceed expenses by $2,852 and the total increase in cost is $1,419, leaving $1,433 in annual revenue over projected expenses;
c. Park Meadows projected revenue, not counting the General Fund repayment for their portion of the recently completed pathway and lighting project, is approximately $8,600 more than projected expenses. The proposed increase in annual landscape services is $4,692, leaving $3,908 to pay down the General Fund Loan.

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

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RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL AWARDING THE

LANDSCAPE MAINTENANCE STANDARD SERVICE AGREEMENT TO LANDCARE

USA, LLC, APPROVING THE TRANSFER OF FUNDS, AND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, the City uses contract services to maintain City Parks, streetscapes, and Landscape and Lighting Assessment Districts, and the City monitors the performance under these contracts and will periodically conduct competitive bidding to obtain better performance and pricing and as conditions change; and
WHEREAS, in July 2023, City Staff conducted an assessment of each of the areas under landscape contract services and found many to be under maintained, additionally, in July and August 2023, the City completed Capital Improvement Projects at Pocket Park and Kotate Park and these improvements changed the maintenance requirements and provides an opportunity to hand over maintenance responsibilities of sites in excellent condition; and WHEREAS, lastly, the Demonstration Garden and the Northern Gateway are areas with high visibility to the public and are observed to be undermaintained; and WHEREAS, the City owned properties described above were selected for a competitive selection process in addition to areas with adequate assessments (Landscape and Lighting Assessment [LLA] Zones) that should be receiving a higher level of maintenance but were found to be undermaintained; and
WHEREAS, LLA Zones 7-10 have an annual inflation adjustment, so those were looked at more closely for implementing higher levels of maintenance; and WHEREAS, LLA Zone 9 (Santero Way) is already under contract and is being well maintained, but Zones 7 (Garden Gate), 8 (Park Meadows), and 10 (Altman Acres) are under contract but are undermaintained so were included in the competitive bid process.

WHEREAS, City Staff issued a request for quotes of several landscaping companies, vetted for experience with prevailing wage contracts, for maintenance of City owned sites consisting of Pocket Park, Kotate Park, Gateway, and the Demonstration Garden and three Landscape and Lighting Assessment Zones consisting of Garden Gate, Park Meadows, and Altman Acres; and
WHEREAS, on August 16th, 2023, there was a mandatory site walk for all companies to attend and review the areas, and the attendees were Cagwin & Dorward, PJM and Landcare USA, LLC., and the quotes were due on August 23, 2023, and the City received one quote and it was from LandCare USA, LLC; and
WHEREAS, City Staff reviewed the quote and compared it against the existing Packet Pg. 39
landscape contract (PJM) and find it to be fair and reasonable, and the proposed contract is attached and is for approval in substantially the form presented, including required conformance with the City’s adopted Integrated Pest Management Plan; and WHEREAS, if approved, LandCare USA, LLC would begin maintaining these areas October 1, 2023; and
WHEREAS, the City current annual budgeted expenditures are $11,580 for landscape services to the areas under discussion, and LandCare USA, LLC’s provided a bid of $34,884 annually, an annual increase of $23,304; and
WHEREAS, of this balance, $14,934, is for General Fund maintained landscaping and the remaining $8,370, is for LLAD Zones, and the increase in General Fund expenditure is proposed to be met with an appropriation of funds from the unappropriated General Fund balance; and
WHEREAS, for the Landscape and Lighting Assessment District Zones the increase in price will be covered as stated below:
a. Garden Gate has annual revenue projected to exceed expenses by $2,579, and the total increase in cost is $2,259, leaving $320 in annual revenue over projected expenses;
b. Altman Acres has annual revenue projected to exceed expenses by $2,852 and the total increase in cost is $1,419, leaving $1,433 in annual revenue over projected expenses;
c. Park Meadows projected revenue, not counting the General Fund repayment, is approximately $8,600 more than projected expenses. The proposed increase in annual landscape services is $4,692, leaving $3,908 to pay down the General Fund Loan; and WHEREAS, 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.

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

1. The above recitals are true and correct and incorporated herein by reference, and

2. The proposed Standard Services Agreement with LandCare USA, LLC is approved for an amount not to exceed $34,884, and

3. Approve budget amendments increasing expenditures of $14,934 for the General Fund, $2,259 for Garden Gate Zone, $1,419 for Altman Acres Zone, and $8,600 for Park Meadows Zone, and

4. The City Manager is authorized to execute the Standard Services Agreement, with any amendments approved as to form by the City Attorney.

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 September 12th, 2023, by the following vote, to wit:

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

Landcare's Contract (PDF)
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1 CITY OF COTATI

STANDARD SERVICE AGREEMENT

FOR LANDSCAPE SERVICES
Accounts: 248-00-80188-000000
THIS SERVICE AGREEMENT (“Agreement”) is entered into and effective as of _______, 2023 (“Effective Date”), by and between the City of Cotati, a municipal corporation (“City”) and LandCare USA LLC, (“Contractor”) (collectively, the “Parties”).

WHEREAS, the Parties enter into this Agreement for the purpose of Contractor providing services to City under the terms and conditions set forth herein.

THEREFORE, in consideration of the mutual covenants contained in this Agreement, the Parties agree as follows:

1. 1. Services. Contractor shall provide the services which shall be made up of one or more written task orders and the general conditions as described in Exhibit A, attached hereto and incorporated herein (“Services”). A separate scope of work will be defined for each project and a task order showing scope of work, schedule, and not to exceed cost will be executed separately by the City Manager or his/her designee.

2. Compensation.

A. For the full performance of the Services described in Exhibit A hereto City shall compensate Contractor on a time-and-materials basis at the compensation rates specified in Contractor’s Services Rate Schedule included as the last page of Exhibit A; provided, however, that total compensation for the full performance by Contractor of all Services paid by the City under all Task Orders shall not exceed Thirty-Four Thousand Eight Hundred Eighty-Four Dollars and No Cents ($34,884.00), said amount being referred to herein as the “not-to-exceed” amount.

Task orders for services that will be fully reimbursed by a developer or other third party shall not be included in calculating the not to exceed amount.

B. Contractor shall submit detailed monthly invoices reflecting all services performed during the preceding month, and including a revised schedule for performance and additional documentation requested by City, as applicable.

C. Contractor shall be compensated for services in addition to those described in Exhibit A, only if Contractor and City execute a written amendment to this Agreement describing the additional services to be performed and the compensation to be paid for such services. In no case shall the total compensation under this Agreement exceed the “not-to-exceed” amount specified in Paragraph A, above, without prior written authorization of the City Manager.

D. City’s obligation to pay compensation to Contractor as provided herein is contingent upon Contractor’s performance of the Services pursuant to the terms

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Attachment: Landcare's Contract (Award Landscape Contract) 2 and conditions of this Agreement and any amendments thereto. Notwithstanding any other provision herein, Contractor shall not be paid any compensation until Contractor has complied with the City's Business License Ordinance.

3. Term. The term of this Agreement commences on the Effective Date, and terminates on October 1st, 2024, unless sooner terminated in accordance with Section 4. Upon termination, any and all of City’s documents or materials provided to Contractor and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement.

4. Termination. Contractor may terminate this Agreement without cause upon thirty (30) days' written notice. City may terminate this Agreement without cause upon ten (10) days’ written notice. City may immediately terminate or suspend this Agreement for cause. Cause for immediate termination or suspension shall include, but not be limited to, any breach of this Agreement by Contractor or Contractor’s bankruptcy or insolvency.

Upon receipt of notice of termination or suspension for cause, Contractor shall immediately stop all work in progress under this Agreement. In the event of early termination of this Agreement by either Party, Contractor shall be entitled to payment for all Services performed to the date of termination to the extent such Services were performed to the satisfaction of City in accordance with the terms and conditions of this Agreement. If City terminates this Agreement for cause, Contractor shall be liable to City for any excess cost City incurs for completion of the Services.

5. Contractor’s Representation; Independent Contractor. Contractor represents that Contractor possesses distinct skills in performing the Services. City has relied upon said representation as a material inducement to enter into this Agreement. Contractor shall, therefore, provide properly skilled professional and technical personnel to perform all Services under this Agreement. It is expressly understood that Contractor, its agents and employees shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of City. This Agreement shall not be construed as an agreement for employment.

6. Facilities and Equipment. Contractor shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing Services pursuant to this Agreement. City shall furnish to Contractor no facilities or equipment, unless the City otherwise agrees in writing to provide the same.

7. Licenses, Permits, Etc. Contractor shall, at Contractor’s sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits or other such approvals which are legally required for performing the Services.

8. Time. Contractor shall devote such time to the performance of the Services as may be reasonably necessary for satisfactory performance of Contractor’s obligations pursuant to this Agreement.

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Attachment: Landcare's Contract (Award Landscape Contract) 3 9. Inspection. Contractor shall provide the City every reasonable opportunity to ascertain that the Services are being performed in accordance with the requirements and intentions of this Agreement. All work done and materials furnished, if any, shall be subject to inspection and approval by the City. The inspection of such work shall not relieve Contractor of any of its obligations pursuant to this Agreement.

10. Progress Reports. Upon the City’s request, Contractor shall provide, in a form acceptable to City, written progress reports of all oral and written observations, opinions, recommendations, analyses, progress and conclusions related to Contractor’s performance of the Services.

11. Confidentiality. In the course of providing services for City, Contractor may have access to trade secrets and confidential information, disclosure of which is protected or limited by law. Contractor shall not directly or indirectly disclose or use any such confidential information, except as required for the performance of the Services.

12. Conflict of Interest. Contractor represents that it presently has no interest, and covenants that it shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. Contractor further covenants that, in the performance of this Agreement, it shall not employ any subcontractor or person having such a conflict of interest.

Contractor represents that no one who has or will have any financial interest under the Agreement is an officer or employee of City. If such conflict of interest arises during this Agreement or any extension, Contractor will immediately advise City and City may, at its sole discretion, immediately terminate this Agreement.

13. Contractor No Agent. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

14. Standard of Performance. Contractor shall perform all the Services in a manner consistent with the standards of Contractor’s profession. All instruments of service of whatsoever nature, which Contractor delivers to City pursuant to this Agreement, shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of Contractor’s profession. All such instruments of service shall become the sole and exclusive property of City upon delivery of the same.

15. Assignment/Transfer. Contractor shall make no assignment or transfer in whole or in part of this Agreement shall be made without the prior written consent of City.

16. Subcontractors. Contractor shall directly perform all Services, and shall not subcontract any portion of performance of the Services without the prior written consent of the City.

Any such subcontractors shall be required to comply, to the full extent applicable, with the terms and conditions of this Agreement, including but not limited to, procuring and

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Attachment: Landcare's Contract (Award Landscape Contract) 4 maintaining insurance coverage as required herein and which shall name City as an additional insured.

17. Business Registration. Contractor shall file a Business License Application as required by the City. The Administrative Services Department shall provide the Contractor with the required form. Contractor shall complete and file the form with the City and shall pay the business license fee before any payment for Services under this Agreement is rendered.

18. Statement of Economic Interests. The City may determine that the Contractor must file a Form 700, Statement of Economic Interests, as required by the City’s Conflict of Interest Code. If such is the case, the City Clerk's office will provide the Contractor with form and Contractor shall file form with the City Clerk’s office. Said filing shall include an Assuming Office Statement within thirty (30) days of execution of this contract, annual statements on or before April 1 of each year, and a Leaving Office Statement within thirty (30) days after termination of this Agreement or any extensions thereto.

19. Internal Revenue Service Form W-9. Contractor must file an Internal Revenue Service Form W-9, Request for Taxpayer Identification Number and Certification, as required by the City to comply with regulations of the United States Department of the Treasury. If such is the case, the Administrative Services Department shall provide the Contractor with the required form. Contractor shall complete and file the form with the City before any payment for Services under this Agreement is rendered.

20. Compliance With All Laws. Contractor and any subcontractors shall fully comply with all applicable local, state and federal rules, laws, regulations and ordinances pertaining to performance of the Services required hereunder, including the Americans with Disabilities Act and any copyright, patent or trademark law. To the extent that any other government agency or entity provides compensation for any Services, Contractor shall comply with all rules and regulations applicable to such fiscal assistance. Contractor’s failure to comply with any law(s) or regulations(s) applicable to the performance of the Services hereunder shall constitute a breach of contract.

Such laws include, but are not limited to, the California Prevailing Wage Law, California Labor Code section 1720 et seq. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of section 1720(a)(1) of the California Labor Code. Therefore, the services described in Exhibit A shall be performed in accordance with all applicable requirements of the California Prevailing Wage Law including, but not limited to, all applicable requirements contained in Exhibit B, which is attached to and made a part of this Agreement. To the extent that any other government agency or entity provides compensation for any services, Contractor shall comply with all rules and regulations applicable to such fiscal assistance.”

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Attachment: Landcare's Contract (Award Landscape Contract) 5 21. Discrimination. During the performance of this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, ancestry, gender, sexual orientation, age or physical or mental disability in violation of any applicable law.

22. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by:

A. Personal delivery, in which case notice is effective upon delivery; B. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; C. Nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or
D. Facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.

City: Attn: Craig A. Scott
City of Cotati
201 West Sierra Avenue
Cotati, California 94931-4217
Contractor: Attn: Jose Hernandez
LandCare USA LLC
2833 Old Gravenstein Hwy
Sebastopol, California 95472

23. Ownership of Documents. All original papers, documents or computer material on disk or microfilm, and copies thereof, produced as a result of this Agreement, shall be the property of the City and may not be used by Contractor without the written consent of City. Contractor shall provide documents in electronic form in a format required by the City. Copies of such documents or papers shall not be disclosed to others without the written consent of the City Manager or his or her designated representative.

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Attachment: Landcare's Contract (Award Landscape Contract) 6 24. Internet-Ready Deliverables. If applicable to this Agreement, each contract deliverable shall be delivered as a data file suitable for publication on the Internet. The following specifications define the formats that satisfy this requirement:

A. Brochures, reports, plan documents, catalogues, flyers with graphics included, and forms are to be formatted as screen-optimized “.pdf” files, if possible.

B. Freestanding, individual graphics such as logos, small maps and photos are to formatted as “.tif” files, with the largest side no larger than four inches.

C. Large maps are to be formatted as “.jpg” files with the largest side no larger than four inches, unless mutually agreed otherwise by the Parties.

D. Short text documents with no graphics are to be in MS Word.

E. Freestanding charts, graphs and listings are to be in MS Excel.

25. Indemnification. To the fullest extent allowed by law, Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, suits, actions, arbitrations proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with Contractor's performance of the Services or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within thirty (30) days to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

With respect to third party claims against the Contractor, the Contractor waives any and all rights of any type to express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

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Attachment: Landcare's Contract (Award Landscape Contract) 7 Notwithstanding the foregoing, to the extent that this Agreement includes design professional services under Civil Code Section 2782.8, as may be amended from time to time, such duties of Contractor to indemnify shall only be to the full extent permitted by Civil Code Section 2782.8.

If any term of portion of this section is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, said section shall be interpreted to allow the broadest indemnity permitted by law.

This obligation to defend and indemnify City set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination or completion of this Agreement or this section or final payment to the fullest extent and duration allowed by law.

The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

26. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, Contractor’s agents, representatives and employees.

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 12/90) covering Automobile Liability, code 1 (any auto), or code 8, 9 if no owned auto.

3. Workers’ Compensation Insurance as required by the State of California and Employers’ Liability Insurance. If no employees are utilized, the Contractor shall sign a declaration as described in California Health and Safety Code Section 19825.

B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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Attachment: Landcare's Contract (Award Landscape Contract) 8 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employers Liability: $1,000,000 per accident for bodily injury or disease

4. Worker’s Compensation, Statutory Limits: $1,000,000 per accident for bodily injury or disease.

C. No Coverage Limitations or Restrictions. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the aforementioned specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insureds (defined below). Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater.

D. Deductibles and Self-Insured Retention. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. City accepts Contractor's SIR of $250,000.

E. Other Insurance Provisions. The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as Insureds as respects: liability arising out of work or operations as performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, unless thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

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Attachment: Landcare's Contract (Award Landscape Contract) 9 4. The Worker’s Compensation endorsement shall contain a Waiver of Subrogation against the City. The Contractor shall provide to the City an endorsement from the Worker’s Compensation insurer, if any, agreeing to waive all rights of subrogation against the City for injuries to employees of the Insured resulting from work for the City or use of the City’s premises or facilities.

5. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured.

F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

G. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to the City’s requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

H. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement, including the indemnity and insurance requirements to the extent they apply to the scope of a subcontractor’s work. Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contactor is bound to City under this Agreement. Subcontractors shall further agree to include these same provisions with any sub-subcontractor. A copy of these indemnity and insurance provisions will be furnished by Contractor to a subcontractor on request. Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in their agreement prior to commencement of any work and Contractor shall provide proof of compliance to City.

28. Amendment. This Agreement may be amended only by a written instrument executed by both Parties.

29. Litigation. If litigation ensues between City and a third-party which pertains to the subject matter of Contractor’s services hereunder, Contractor, upon request from City, agrees to testify therein at a reasonable and customary fee.

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Attachment: Landcare's Contract (Award Landscape Contract) 10 30. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement.

31. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and the City of Cotati. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of Sonoma, State of California.

32. Non-Waiver. The City’s failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect.

33. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

34. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create, any benefit or right in any third party.

35. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally.

36. Contractor’s Books and Records.

A. Contractor shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement.

B. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years or for any longer period required by law, from the date of termination or completion of this Agreement.

C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at Cotati City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices

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Attachment: Landcare's Contract (Award Landscape Contract) 11 in this Agreement.

D. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained by the City. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor’s representatives, or Contractor’s successor in interest.

37. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein.

38. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.

39. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties with respect to the Services, and supercedes all prior agreements or understandings, oral or written, between the Parties in this regard.

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Attachment: Landcare's Contract (Award Landscape Contract) 12 IN WITNESS WHEREOF, the parties hereto have executed this document the day, month and year first above written.

For City of Cotati: For Contractor:

Damien O’Bid
City Manager
Name: Jose Hernandez
Title: Branch Manager
Taxpayer I.D. No.: 68-0460394
Recommended for Approval:

Angela Courter
Director of Administrative Services
Recommended for Approval:

Craig A. Scott
Director of Public Works and Engineering
Approved As to Form:

John Bakker
City Attorney

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LANDSCAPE MANAGEMENT ANNUAL SCHEDULE
Month Year
$1,088.00 $13,057.00
$250.00 $3.000.00
$218.00 $2.619.00
$741.00 $8,892.00
$821.00 $9,852.00
August 24, 2023
Cotati Areas

SERVICES
Maintenance Visit
Kokate Park
Demonstration Garden Park
Garden Gate
Park Meadows
Santero Way
Altman Acres
Pocket Park
Gateway
$200.00 $2,400.00
SUBTOTAL $44,736.00
SALES TAX $0.00
TOTAL $44,736.00
LandCare
2833 Old Gravenstein Hwy. Sebastopol, CA 95472
707.829.8064 License # 1053238 Page 3 of 8
$218.00 $2,619.00
$192.00 $2,304.00
Under separate contact
Current
Annual
$3,600
$1,500
$360
$4,200
$420
$1,200
$300
Exist. Annual Total = $11,580
$34,884.00
Delta= +$23,304
Exhibit A 9.a
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PAYMENT SCHEDULE

SCHEDULE PRICE SALES TAX
October $3,728.00 $0.00
November $3,728.00 $0.00
December $3,728.00 $0.00
January $3,728.00 $0.00
February $3,728.00 $0.00
March $3,728.00 $0.00
April $3,728.00 $0.00
May $3,728.00 $0.00
June $3,728.00 $0.00
July $3,728.00 $0.00
August $3,728.00 $0.00
September $3,728.00 $0.00

TOTAL PRICE
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$3,728.00
$44,736.00 $0.00 $44,736.00
LandCare Branch Information
Account Manager: Jose L. Hernandez
Email Address: [email protected]
Primary Phone: 7079756393
Customer Information
Primary Contact: Craig Scott
Primary Phone:

Primary Email: [email protected]
Billing Contact: Accounts Payable - City of Cotati
Billing Phone: 707.665.3631
Billing Email: [email protected]
LandCare
2833 Old Gravenstein Hwy. Sebastopol, CA 95472
707.829.8064 License # 1053238 Page 4 of 8

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Cotati Areas

SPECIFICATIONS

1.0 Turf Management
A. Lawn Mowing
i. For all turf areas, Contractor will inspect and police the grounds for litter and debris prior to each mowing and dispose of it.
ii. Turf will be mowed one time per week during active growing periods, and as often as required during slow periods of growth to maintain a neat and manicured appearance, weather permitting.
iii. Mowing height for all irrigated lawn areas will be in accordance with best horticultural practices for a finished cut height (typically, for most species, no less than 1½” and no more than 2½”) unless otherwise requested. Turf will be cut at a uniform height.

Mowing equipment will be kept sufficiently sharp and properly adjusted through daily servicing to provide a cleanly cut grass blade. Grass blade bruising, tearing, and shredding are to be prevented. Mowing pattern will be varied where possible to reduce rutting and compaction of grade. Any excess clippings will be dispersed and/or collected to prevent damage and unsightly appearance of lawns.

B. Edging & String Trimming
i. All sidewalks curb lines, concrete slabs, tree circles, and bed edges will be edged as often as necessary to maintain a neat and manicured appearance. String trimming will be performed around all trees, shrubs road signs, guard posts, utility poles, and other obstacles.

C. Cleaning of Walks
i. At the conclusion of each visit, walks adjacent to work areas will be blown clean.

2.0 Shrub & Bed Maintenance
A. Policing & Grooming
i. Landscaped areas will be patrolled throughout the growing season for weeds, litter, and debris. Particular attention will be paid to entryways, focal points, and high traffic areas.
ii. Planter beds will be groomed to promote an attractive and fresh appearance.

B. Edging & String Trimming
i. Complete trimming, edging, and weeding of all shrub and ground cover areas will be done on a cyclical basis.

C. Pruning
i. Major pruning will be done following flowering or during plant’s dormant season. ii. Shrubbery and hedges will be pruned at established “maintenance” height. iii. Groundcover will be pruned as required to “contain” perimeter growth to within bed areas where adjacent to walks, curbs, and structures. Mature groundcover will be maintained at a consistent appearance with a beveled or rolled edge at hard surfaces.

LandCare
2833 Old Gravenstein Hwy. Sebastopol, CA 95472
707.829.8064 License # 1053238 Page 5 of 8

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iv. Shearing of plants will occur only where previous practice has been to shear, or as directed.
v. Removal of leaves and debris from lawns, planter beds, and walkways will be completed throughout the year as needed to maintain a clean appearance.

3.0 Arbor Care & Pruning
A. Skirting
i. Trees will be “skirted” as needed to allow for pedestrian and vehicle clearance. ii. Lower branches of trees will be removed when in conflict with the growth of plantings beneath.

B. Pruning
i. Pruning is limited to work that can be contained from the ground. ii. On trees that are over 12’, only low hanging branches that are considered a hazard to pedestrians or vehicles will be pruned as part of this agreement. iii. Trees less than 12’ total height will be pruned to remove weak, dead, damaged, and diseased portions of the tree for natural growth development. iv. Cuts will be flush and clean, leaving no stubs or tearing of bark. Major pruning will be done following flowering or during plant’s dormant season.

C. Staking & Guying
i. Staked or guyed trees shall be monitored.
ii. Supports will be removed or loosened when appropriate to prevent girdling of the trunk and encourage root development for support.

4.0 Fertilization
A. Contractor will provide all labor and materials to fertilize lawn, shrubs, and ground cover to maintain proper nutrient levels and provide a consistent, healthy appearance.

B. Turf, shrub, and ground cover areas will be fertilized with specially formulated products including well balanced, slow-release fertilizers.

C. Fertilizer product will be selected based on plant type and season.

5.0 Environmental Weed & Pest Control Program
A. Handling
i. All applications of herbicides or pesticides will be performed under the direction of a licensed pest control applicator and in accordance with the laws of the state. ii. All safety precautions will be taken in the handling and application of chemicals as stated on manufacturer’s labels.

B. Weeds
i. Broadleaf turf weeds will be treated as needed in the spring and fall with applicable materials.

LandCare
2833 Old Gravenstein Hwy. Sebastopol, CA 95472
707.829.8064 License # 1053238 Page 6 of 8

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ii. Weeds in shrub, planter beds, ground cover areas, tree circles, and sidewalk cracks adjacent to landscaped areas will be controlled by a manual weeding program or by the use of selective herbicides, including pre-emergent herbicides.

C. Pests
i. Planting areas will be monitored for insect and disease infestations. Moles, field mice, ground squirrels, gophers, and other rodent activity will be monitored. Notification of problems and recommendations for timely appropriate, control measures will be made. ii. Safety Data Sheets (SDS) for all chemicals used on site will be available from Contractor to clients in accordance with EPA and OSHA regulations. iii. Contractor will comply, at all times with requirements for hazardous communications programs. Pest control specialists are trained and supervised in the safe application, storage, and disposal of chemicals in accordance with EPA, OSHA, and DPR regulations.

6.0 Irrigation Equipment & Operation
A. Scheduling
i. Irrigation controllers will be scheduled to maximize existing system efficiency and will be set for night and/or early mornings unless instructed otherwise by Owner. ii. Controller programs will be adjusted as determined by weather and plant requirements and will be shut off during periods of rain.

B. Cleaning and Monitoring
i. Sprinklers will be cleaned and adjusted to provide the best coverage possible from your existing system.
ii. Each zone will be turned on and monitor for leaks or malfunctioning parts and adjusted for proper spray arc and maximum system efficiency.

C. Inspection and Repairs
i. Damage or vandalism caused by others shall be reported to owner promptly. ii. Repair and/or replacement of any damaged or malfunctioning components beyond Contractor control will be submitted as an extra.
iii. Damage caused to the irrigation system by Contractor shall be repaired immediately and at no charge.

7.0 General Conditions
A. Owner is responsible for all costs associated to water.

B. Contractor will provide uniformed staff supervised by fully trained Supervisors and Production Managers.

C. Mobile communications are in use during regular business hours and emergency after-hours communication is available.

D. Contractor provides all payment of wages, workers’ compensation insurance, social security LandCare
2833 Old Gravenstein Hwy. Sebastopol, CA 95472
707.829.8064 License # 1053238 Page 7 of 8

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tax, employment compensation tax, employer’s liability insurance, and all other requirements of federal, state, and local government.

E. Licenses and proof of insurance are available on request. California Contractor License: C27 License – 1053238 F. Inspection of site(s) will be made regularly and problems, if found, will be discussed by Contractor with the Owner.

G. Written, comprehensive inspection reports will be provided, upon request.

H. Organic debris collected by Contractor is removed from site and recycled and/or composted.

8.0 Work Performed at an Additional Fee
A. Any work not listed above is considered extra work which will be agreed upon by both parties in advance of work performed and billed separately.

B. Irrigation repairs and replacements, including but not limited to, irrigation mainlines, valves, controllers, wires, nozzles, lateral lines, and any work under hardscape, all of which will be repaired as an extra charge using time and material rates.

C. Trimming of trees over 12’ in total height.

D. Treatment for rodents, snails, diseases, or pests on lawns, trees & shrubs, except as specified, or requiring any overhead application.

E. Any unforeseen pest invasion requiring control above and beyond normal horticultural practices.

F. Parking lot maintenance (parking lot sweeping, leaf pickup, litter pickup).

G. Aeration, scalping, or renovation of lawn areas.

H. Correcting pre-existing conditions such as dead or dying plant material requiring remedial work.

I. Cleaning and/or repairing from acts of vandalism, natural disorders, or acts of God.

J. Materials such as mulch or annual or perennial color.

LandCare
2833 Old Gravenstein Hwy. Sebastopol, CA 95472
707.829.8064 License # 1053238 Page 8 of 8

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LANDSCAPE MAINTENANCE FREQUENCY SCHEDULE
LANDSCAPE MAINTENANCE DISTRICTS: Altman Acres Planter Strip, Garden Gate, Macklin, Park Meadows, Oak Knoll, Quail Hollow, Sommers, Valparaisio Vista TURF

MAINTENANCE
WEEKLYBIWEEKLYMONTHLYBIMONTHLYQUARTERLY3 TIMES/YR.TWICE A YR.YEARLYAS REQUIREDJANUARYFEBRUARYMARCHAPRILMAYJUNEJULYAUGUSTSEPTEMBEROCTOBERNOVEMBERDECEMBER Aeration
Mowing
Edging
Fertilization
Weed Control

SHRUB &

GROUNDCOVER

MAINTENANCE
Pruning
(structural) X 1
Pruning (hedge) X 0 1 1 1 1 1 1 1 1 1 1 0
Weed control X 1 1 1 1 1 1 1 1 1 1 1 1
Fertilization X 1
MISC.

MAINTENANCE
Litter & trash
removal X 1 2 3 4 4 4 4 4 4 3 2 1
Sidewalk
blowing X 1 2 3 4 4 4 4 4 4 3 2 1
Parking lot
blowing
Irrigation system
inspection X 0 1 1 1 1 1 1 1 1 1 1 0
Irrigation system
repair
Site inspection
with City X X 1
COMMENTS:

Pruning (structural) during dormant period

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LANDSCAPE MAINTENANCE FREQUENCY SCHEDULE
PARK SITES: Civic Park (City Hall & Police Dept), Delano Park, Draper Park, Falletti Park, Helen Putnam Park, Kotate Park, La Plaza Park, Santero Park, Sunflower Park, Veterans Park TURF

MAINTENANCE
WEEKLYBIWEEKLYMONTHLYBIMONTHLYQUARTERLY3 TIMES/YR.TWICE A YR.YEARLYAS REQUIREDJANUARYFEBRUARYMARCHAPRILMAYJUNEJULYAUGUSTSEPTEMBER OCTOBERNOVEMBERDECEMBER Aeration X
Mowing X 1 2 3 4 4 4 4 4 4 3 2 1
Edging X 1 2 3 4 4 4 4 4 4 3 2 1
Fertilization X 1 1
Weed Control X 1 1 1 1 1 1 1 1 1 1 1 1

SHRUB &

GROUNDCOVER

MAINTENANCE
Pruning
(structural) X 1
Pruning (hedge) X 0 1 1 1 1 1 1 1 1 1 1 0
Weed control X 1 1 1 1 1 1 1 1 1 1 1 1
Fertilization X 1
MISC.

MAINTENANCE
Litter & trash
removal X 1 2 3 4 4 4 4 4 4 3 2 1
Sidewalk
blowing X 1 2 3 4 4 4 4 4 4 3 2 1
Parking lot
blowing X 1 2 3 4 4 4 4 4 4 3 2 1
Irrigation
inspection X 0 1 1 1 1 1 1 1 1 1 1 0
Irrigation Repair
Site inspection
with City X X
COMMENTS:

Pruning (structural) during dormant period
(Demonstration Garden)

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LANDSCAPE MAINTENANCE FREQUENCY SCHEDULE
STREETS/CITY PROPERTY: Apple Valley Park-n-Ride, Arthur Street Planter Area,Corp Yard, DosAmigos Parking Lot, Down Planter/Public Parking, Eagle Drive Lift Station, East Cotati Island @ Sunflower, East Cotati Island @ Laguna Commerce Blvd. Retaining Wall, Gilbert Court Planter Area, Gilman Ranch Circle, Gravenstein Planter Strip, Hwy116 Trees/Island, Hunters Ridge Landscape Area, Old Redwood Hwy Planter Strip, Pocket Park, Redwood Drive Median & Retaining Wall, Rosen Ranch Planter Strip, St. Joseph Way Planter, West Sierra Gateway, Cotati Train Depot TURF

SHRUB &

GROUNDCOVER

MAINTENANCE
Irrigation
Pruning
(structural) X 1
Pruning (hedge) X
Weed control X 1 1 1 1 1 1 1 1 1 1 1 1
Fertilization X 0 1 1
MISC.

MAINTENANCE
Litter & trash
removal X 1 2 3 4 4 4 4 4 4 3 2 1
Sidewalk
blowing X 1 2 3 4 4 4 4 4 4 3 2 1
Parking lot
blowing X 1 2 3 4 4 4 4 4 4 3 2 1
Irrigation
inspection X 1 1 1 1 1 1 1 1 1 1
Irrigation repair
Site inspection
with City X X
COMMENTS:

Pruning (structural) during dormant period

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(Circled)Demonstration Garden

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Attachment: Landcare's Contract (Award Landscape Contract) Cotati City Council
Agenda Staff Report
Item type:

To: City Council
Subject: Accept the Kotati Park Revitalization Project Improvements Date: September 12, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council accept the Kotate Park Revitalization Project Improvements and direct the City Clerk to record the Notice of Completion and after 35 days with no protests release the retention to Oak Grove Construction Background
The City’s Parks Capital Plan identified the Kotate Park Revitalization Project (Project) as a near term priority project. Phase 1 of the park improvements include replacing the play equipment in the park, a restroom, ADA access to the park off of Linden Court, seating and landscaping in the area of the play structures, new lighting, and landscaping including revamping the turf areas and landscaped areas. Phase I improvements have been completed and are recommended for acceptance by the City.

Analysis/Discussion
On November 22, 2022, City Council awarded the construction contract for the Project to Oak Grove Construction. The work has been completed and, on August 1, 2023, a final inspection was conducted and the City Engineer has determined the work has been completed in accordance with the contract documents and recommends acceptance of the improvements by the City.

Financial Considerations
The Kotate Park Improvement Project was included in the City’s adopted FY22/23 budget for an amount of $2,387,900 within Grants Fund Account 201-00-91100-PROP68. Funding was primarily from the General Fund, specifically Measure S, with smaller contributing amounts from County Parks Measure M taxes, Prop 68 State Grants, Development “Bed Tax” Fees, and Park-In-Lieu Fees. On November 22, 2023, City Council authorized an appropriation of unencumbered General Fund reserves in the amount of $161,960, for a total revised Project authorized budget of $2,549,860.

Actual estimated Project expenditures were as follows:

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Description Original
Amount
Actual
Expenditure
Construction Costs
Oak Grove Construction Contract $1,938,713 $1,938,713
Change Orders $0 $182,196
Oak Grove Total (NOC) $1,938,713 $2,120,909
Public Restroom Company (Prefab Restroom) $268,858 $268,858 Park Construction Total $2,207,571 $2,389,767
Construction Management
Integra Design Amendment 1
(for CM and Inspection) $0 $78,025
Integra Design Amendment 2
(for CM and Inspection, Not to Exceed) $0 $25,000
CM and Inspection Total $0 $103,025
Project Contingency $342,287
Project Total $2,549,858 $2,492,792
The final invoice for construction management is still pending, but is expected to be $25,000 or less. Therefore, the remaining estimated contingency of $57,066 is to be returned to the City’s unappropriated General Fund balance unless otherwise previously appropriated by Council action.

Environmental Issues
This Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Kotate Park Revitalization Project is a minor alteration of an existing facility, therefore, no further environmental review is required.

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RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL ACCEPTING THE

KOTATE PARK REVITALIZATION PROJECT IMPROVEMENTS AND DIRECTING THE CITY CLERK TO RECORD THE NOTICE OF COMPLETION AND AFTER 35

DAYS WITH NO PROTESTS TO RELEASE THE CONSTRUCTION RETENTION TO

OAK GROVE CONSTRUCTION
WHEREAS, the City’s Parks Capital Plan identified the Kotate Park Revitalization Project (Project) as a near term priority project; and
WHEREAS, Phase 1 of the park improvements include replacing the play equipment in the park, a restroom, ADA access to the park off of Linden Court, seating and landscaping in the area of the play structures, new lighting, and landscaping including revamping the turf areas and landscaped areas; and
WHEREAS, on November 22, 2023, City Council awarded the construction contract for the Project to Oak Grove Construction, and the work has been completed; and WHEREAS, on August 1, 2023, a final inspection was conducted and the City Engineer has determined the work has been completed in accordance with the contract documents and recommends acceptance of the improvements by the City; and WHEREAS, the Kotate Park Improvement Project was included in the City’s adopted FY22/23 budget for an amount of $2,387,900, within Grants Fund Account 201-00-91100- PROP68; and
WHEREAS, funding was provided using a combination of General Funds, specifically Measure S, County Parks Measure M taxes, Prop 68 State Grants, Development “Bed Tax” Fees, and Park-In-Lieu Fees; and
WHEREAS, on November 22, 2022, City Council authorized an appropriation of unencumbered General Fund reserves in the amount of $161,960, for a total revised Project authorized budget of $2,549,860; and
WHEREAS, actual estimated Project expenditures were as follows:

Description Original
Amount
Actual
Expenditure
Construction Costs
Oak Grove Construction Contract $1,938,713 $1,938,713
Change Orders $0 $182,196
Oak Grove Total (NOC) $1,938,713 $2,120,909
Public Restroom Company (Prefab Restroom) $268,858 $268,858 Packet Pg. 92
Description Original
Amount
Actual
Expenditure
Park Construction Total $2,207,571 $2,389,767
Construction Management
Integra Design Amendment 1
(for CM and Inspection) $0 $78,025
Integra Design Amendment 2
(for CM and Inspection, Not to Exceed) $0 $25,000
CM and Inspection Total $0 $103,025
Project Contingency $342,287
Project Total $2,549,858 $2,492,792
With the remaining estimated contingency of $57,066 is to be returned to the City’s unappropriated General Fund balance unless otherwise previously appropriated by Council action; and
WHEREAS, this Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Kotate Park Revitalization Project is a minor alteration of an existing facility, therefore, no further environmental review is required.

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 Kotate Park Revitalization Project; and

4. Authorizes the City Manager to release any remaining contract retention to Oak Grove Construction 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 September 12th, 2023, by the following vote, to wit:

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

NOC (PDF)
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After recording, return to:

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

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

1. The City Council of the City of Cotati has accepted the improvements at the City Council meeting of September 12, 2023, for the Kotate Park Revitalization Project. The nature of the City of Cotati’s interest, as owner, of the property is as the property owner.

2. The improvements were completed and deemed complete by the Director of Public Works/City Engineer on August 1, 2023.

3. The name of the original contractor for the work of improvement was Oak Grove Construction for a total constructed amount of $2,120,909.

4. The Contractor has provided the City with a maintenance bond and guaranty in the amount of 10 percent of the construction contract amount ($212,090) 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.

Dated: _________________ ___________________________
Craig A Scott
City Engineer/Public Works Director
T:\PROJECTS\Departments\Parks\Kotate Park Jobs\Kotate Park Revitalization\Construction\Close-Out\NOC 2023 Street Rehab.doc

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Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: INTERIM URGENCY ORDINANCE PROHIBITING THE CONVERSION OF

SENIOR MOBILEHOME PARKS
Date: September 12, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt an interim urgency ordinance to impose a moratorium on the conversion/change of any mobilehome park currently existing in the City from a park occupied primarily or exclusively by residents over the age of 55 years (Senior Residents) to a mobilehome park allowing residents of all ages and declaring the urgency thereof, to take effect immediately.

Background
The City of Cotati currently has three mobilehome parks (Sierra Mobile Home Park, Countryside Mobile Home Park and Ramble Creek Mobile Home Park). Countryside Mobile Home Park is the only mobilehome park operated as a seniors-only housing community, as established through the park rules and regulations.

On August 4, the president of the Countryside Mobile Home Park reached out to the City, followed by several other concerned residents. On August 8, 2023, several residents came to the City Council meeting requesting that the City assist them to prevent the park from converting the park to an “all age” park. The concerns of the residents were that the change from senior to “allage” will fundamentally change the character of the mobile home park and potentially result in low-income seniors losing their housing.

City staff followed up on the request and found that the Countryside Mobile Home Park (Owners) sent the mobilehome park owners (Residents) a “Notice of Meeting Regarding Proposed Amendment to Park Rules and Regulations”, dated July 26, 2023. The notice also included a copy of the “Parks Proposed Rules and Regulations”, and set the required meeting to consult over the proposed rule changes on August 10, 2023. The proposed changes, among other things, will remove the senior-only restriction and make the park an all-ages park. The August 10, 2023 meeting was held by the Owners to meet the statutory “meeting and consultation” requirements prior to park rule changes (Civil Code 798.25(b)). If the August 10, 2023 meeting satisfies the meeting and consultation requirement under the civil code, the proposed park rule

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revisions will go into effect 6 months after the August 10, 2023 meeting (February 6, 2024).

Adopted City policies support the preservation of senior and low-income housing. In particular, the City’s certified Housing Element (HE) finds that the, “…high cost of housing in the San Francisco Bay Area has made homeownership difficult for….seniors on fixed incomes.” The certified HE further promulgated certain goals and policies to protect seniors, including Goal H4 Affirmatively Furthering Fair Housing, to promote housing opportunities for all persons regardless of race, gender, age, marital status, ancestry, national origin, color, or sexual orientation and Goal H-3 Affordable, Attainable, & Accessible Housing, to expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled persons, large households, and homeless persons and families, as well as Policy H-1.6 Encourage the preservation and maintenance of mobile home parks.

Title VIII of the Civil Rights Act of 1968, the Fair Housing Act, prohibits age discrimination in housing. In 1988, the Housing for Older Persons Act amended the Fair Housing Act which created an exemption for housing for adults age 55 and over. In order to qualify for the "housing for older persons" exemption, a facility or community must comply with all the requirements of the exemption.

The “Housing for Older Persons” exemptions apply to the following housing:

1. Provided under any state or federal program that the Secretary of HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program);

2. Intended for, and solely occupied by persons 62 years of age or older; or

3. Intended and operated for occupancy by persons 55 years of age or older.

The 55 or older exemption is the most common of the three. In order to qualify for the "55 or older" housing exemption, a facility or community must satisfy each of the following requirements:
• At least 80 percent of the units must have at least one occupant who is 55 years of age or older; and
• The facility or community must publish and adhere to policies and procedures that demonstrate the intent to operate as "55 or older" housing; and • The facility or community must comply with HUD's regulatory requirements for age verification of residents.

The "housing for older persons" exemption does not protect such housing facilities or communities from liability for housing discrimination because of race, color, religion, sex, disability, or national origin.

Analysis/Discussion
The City is committed, through its General Plan Housing Element, to preserving the City's existing affordable housing stock and to maintaining housing for special needs groups like senior

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citizens. (General Housing Element: Goal 1.) In contrast with other senior housing in the City, mobilehome parks provide seniors with independence and the ability to live in their own homes rather than in apartments or assisted living communities. Seniors-only mobilehome parks also provide seniors with the opportunity to live in a senior living community in a low-rise setting.

Changing seniors only mobilehome parks to all-age communities are likely to burden and irreparably harm senior citizens within the community. Many seniors are on a fixed income and moving to a non-age restricted community has the potential of affecting the rents that are paid at the park. Moreover, seniors may have purchased homes in these seniors-only housing communities because of and in reliance on the seniors only age restriction. In many instances, these mobilehomes cannot be relocated elsewhere because they are not motorized and are often older and unable to be moved without significant damage. Further, these seniors-only mobilehome parks give senior citizens a better quality of life, with the ability to live in a quieter community setting among others their own age.

Staff is recommending that the City Council adopt the interim urgency ordinance to prevent the conversion of the existing seniors-only mobilehome park to an all-age park while the City studies a permanent zoning ordinance. This ordinance will not result in any physical changes to the City of Cotati; rather, it merely helps to preserve the status quo. The following is an update on what other cities in California have done in order to address this issue and preserve their seniors-only mobilehome parks.

City of Yucaipa
In 2009, the City of Yucaipa adopted an ordinance amending its official land-use plan in order to create a new Senior Mobilehome Park Overlay District. This ordinance prohibited any of the 22 mobilehome parks in Yucaipa that operated with a seniors-only housing restriction from converting to all-age mobilehome park facilities. The owners of these mobilehome parks sued the City of Yucaipa alleging that the ordinance violated federal law by forcing them to discriminate on the basis of familial status and by interfering with their ability to aid or encourage families with children in the enjoyment of fair housing rights.

In 2012, the Ninth Circuit held that the City of Yucaipa's ordinance did not violate federal law.

The court held that the City was not preempted from creating an overlay district that restricted the age of certain mobilehome residents to 55 and above. Moreover, the court determined that the City did not discriminate in housing on the basis of familial status because the senior housing exemption applied. This court decision is consistent with a California Attorney General Opinion that was issued in 2004. Therefore, the City of Yucaipa was able to successfully preserve its housing stock for senior citizens and prevent the conversion of its seniors-only mobilehome parks from becoming all-age housing facilities.

City of Huntington Beach
In August of 2013, the City of Huntington Beach adopted an interim ordinance establishing a moratorium on the conversion of seniors-only mobilehome parks due to the lack of senior housing options in and around the City of Huntington Beach. In September of 2013, the City

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Council extended the moratorium on the conversion of seniors-only mobilehome parks for an additional 7 months and 15 days.

In March of 2014, the City Council of the City of Huntington Beach adopted Ordinance No. 4019 amending the Huntington Beach Zoning and Subdivision Ordinance by adding a Senior Residential Overlay District. The City's ordinance noted that many of the residents living in these seniors-only mobilehome parks voiced their desires to continue living in detached housing.

Additionally, the ordinance cited the fact that mobilehome housing can provide seniors with more affordable housing options and in some instances are the only detached housing options that seniors living with a fixed budget can afford. The ordinance also cited the Ninth Circuit's decision in the case against the City of Yucaipa as support for its decision to adopt Ordinance No. 4019.

City of San Juan Capistrano
In February 2017, the City of San Juan Capistrano adopted a very similar urgency ordinance (Ord. 1044) to what is now before the Cotati City Council, to maintain the status quo while staff evaluated options to craft ordinance revisions to prevent the conversion of senior mobile home parks. Later that year, San Juan Capistrano adopted a Senior Mobilehome Park Overlay District, similar to Yucaipa and Huntington Beach.

Conclusion
By adopting an Interim Urgency Ordinance, it will temporarily preserve the status quo and prevent the City's existing seniors-only mobilehome park from being converted to all-age mobilehome park while the City studies a possible permanent zoning ordinance. For the purpose of the proposed urgency ordinance, senior-only mobilehome parks are parks that either have at least 80% of the spaces occupied by at least one residents aged 55 or older, or 100% of the residents aged 62 and older.

Financial Considerations
There is no direct financial impact to the City by imposing an urgency ordinance. However, drafting an updated ordinance is likely to take significant staff time, which may delay other projects currently in the Community Development workplan. Projects which were identified as higher priority for multiple City Councilmembers include:
• Bicycle and Pedestrian Plan Update
• Develop Objective Design Guidelines, "Plex"/SFD (SB9) Other City Council priorities in the Community Development workplan include:
• Santero Way Specific Plan/Zoning Update
• Implement Housing Administration Program
• Update Digital Permit Management Software
• Monitor and Implement New State Housing Legislation

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• Post-Covid Economic Development Program
• General Plan Safety Element Update
Therefore, direction on relative priority from the City Council, presumably on the “other” priorities, is requested. Of these projects, from the staff perspective, the lowest priority discretionary project is the General Plan Safety Element Update.

Environmental Issues
This Interim Urgency Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act ("CEQA") Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061 (b)(3), that this Interim Urgency Ordinance is exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This action is not subject to further environmental review as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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ORDINANCE NO.

AN UNCODIFIED INTERIM URGENCY ORDINANCE OF THE COUNCIL OF THE

CITY OF COTATI PROHIBITING THE CONVERSION OF SENIOR MOBILEHOME PARKS
THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Determinations.

A. The City of Cotati ("City") has the obligation and power to plan and regulate the use and development of residential property within the City in order to protect the public safety, health, and welfare. This Ordinance is necessary to protect the public health, safety and welfare for the reasons set forth below and in the related staff report and public testimony.

B. The City’s certified Housing Element (HE) finds that the, “…high cost of housing in the San Francisco Bay Area has made homeownership difficult for….seniors on fixed incomes.” The certified HE further promulgated certain goals and policies to protect seniors, including Goal H-4 Affirmatively Furthering Fair Housing, to promote housing opportunities for all persons regardless of race, gender, age, marital status, ancestry, national origin, color, or sexual orientation and Goal H-3 Affordable, Attainable, & Accessible Housing, to expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled persons, large households, and homeless persons and families, as well as Policy H-1.6 Encourage the preservation and maintenance of mobile home parks.

C. In comments received prior to the City Council meeting and during the public comment portion of the City Council meeting on August 8, 2023, numerous residents of the Countryside Mobile Home Park informed the City Council of apparent efforts by the park owners and management to convert the park from its current senior only occupancy to an all-age park. Specifically, the residents testified that park management recently proposed updated park rules to implement the change to an all-age park, fundamentally changing the character of the park and driving seniors out of the park, which would destabilize them socially and economically.

D. Following the August 8, 2023 City Council meeting, City staff received copies of the existing park rules and the proposed park rules, verifying that the proposed park rules will eliminate the current senior mobilehome park restriction (at least 1 occupant in each home must be 55 years old or older), to go into effect 6 months after the “meeting and consultation” between the park owner and the park homeowners (CA Civil Code, 798.25(b)), which appears to have occurred on August 10, 2023.

E. The City Council wishes to consider implementing zoning amendments that would protect senior housing in mobilehome parks and desires to impose a temporary prohibition on land use actions that would result in conversion of senior mobilehome parks.

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F. The purpose of this Interim Urgency Ordinance is to prevent the conversion of existing senior mobilehome parks to other uses while the City develops said zoning amendments.

G. This Ordinance is an interim urgency ordinance adopted as an urgency measure pursuant to Government Code Section 65858 and is for the immediate preservation of the public peace, health, safety and welfare. The City Council hereby finds that the conversion of existing senior mobilehome parks to other uses would create a current and immediate threat to the public welfare by potentially causing displacement and changing the character of existing senior communities, which conditions are exacerbated by the fact that mobilehome owners rent space in mobilehome parks and have few choices for moving their mobilehomes.

H. In addition, the City Council finds that, on the basis of the whole record and exercising its independent judgment, this Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act Sections 15060(c)(2) and 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it prevents change to the environment pending the completion of the contemplated research and studies.

I. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061 (b)(3), that this Ordinance is nonetheless exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In addition, this action to adopt an urgency ordinance to limit the conversion of senior-only mobile homes parks within the City, and directing staff to research implementation of a permanent ordinance is found to be in keeping with the goals policies, programs of the City’s adopted and certified 2023 Housing Element, and its adopted Mitigated Negative Declaration.

J. The City Council hereby declares that should any section, paragraph, sentence, phrase or term of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this Ordinance irrespective of any such portion declared invalid.

SECTION 2. Interim Prohibitions Adopted.

In accordance with the authority granted to the City Council under Government Code Section 65858 from and after the date of this ordinance:

A. Notwithstanding anything in the Cotati Municipal Code to the contrary, it shall be unlawful to convert a senior mobilehome park to any other use. “Senior mobilehome park” shall mean a mobilehome park in which the mobilehome park’s rules and regulations as of the date of this Ordinance’s enactment restrict tenancy to at least one person who is fifty-five years of age or older; or at least eighty percent of the spaces are occupied by, or intended for occupancy by, at least one person who is fifty-five years of Packet Pg. 102
age or older, or in which one hundred percent of the spaces are occupied or intended for occupancy by persons sixty-two years of age or older.

SECTION 3. Effective Date.

This Ordinance shall take effect immediately upon reading in full and passage by a 4/5ths vote of the City Council in accordance with Government Code Section 65858. This Ordinance shall remain in effect for a period of forty-five (45) days unless extended as provided under Government Code Section 65858. The City Manager and City Attorney are directed to take all actions necessary or convenient to study, prepare, schedule public hearings, and present to the City Council permanent regulations to implement the intent of this Ordinance.

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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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: September 12, 2023
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

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

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

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

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

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Cotati City CouncilSeptember 12, 2023

Cotati City Council
September 12, 2023