Agenda packet — Cotati City Council, October 10, 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 October 10, 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/83590988760?pwd=QUJ0a3B6Y2NuTC9LU0pPY0ZHamQzUT09 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: 835 9098 8760
Passcode: 736202
+1 (669) 900-6833 or +1 (346) 248-7799 or +1 (253) 215-8782 or +1 (301) 715-8592 or +1 (312) 626-6799 or +1 (929) 436-2866
Attendees may join the meeting any time after 5:45pm. Attendees will be muted until they are called upon for Public Comment. To make a public comment, use the “raise hand” icon on your smart device or desktop computer, or dial *9 if you are using just your telephone. Please listen carefully for the Mayor or City Clerk to address you by name (or phone number) and for the audible Zoom notification that you have been unmuted. Once you begin your public comment, your three minutes will begin.

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

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

Cotati City Council Agenda October 10, 2023

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

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

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

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

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

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

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

1. CALL TO ORDER
Members of the public may participate in the meeting at 201 W. Sierra Ave, or, as a courtesy, online by pasting the following link into your web browser:
https://us02web.zoom.us/j/83590988760?pwd=QUJ0a3B6Y2NuTC9LU0pPY0ZHam QzUT09

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED

UNDER THIS AGENDA (ACTION)
A. COTATI CITY COUNCIL - REGULAR MEETING - SEP 26, 2023 6:00 PM Cotati City Council Agenda October 10, 2023

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

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

B. Measure S supports police services, a variety of recreation programs for all ages, and the maintenance of our streets, parks, and public buildings. See details on the web at cotaticity.org
C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to sign up with Civic Ready by signing up on the City website, www.cotaticity.org, under the "How do I" link at the top of the page.

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 RECOGNIZING OCTOBER 24, 2023 AS POLIO AWARENESS DAY
B. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI RECOGNIZING OCTOBER 2023 AS BREAST CANCER AWARENESS
MONTH
C. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI RECOGNIZING OCTOBER 9, 2023 AS INDIGENOUS PEOPLES DAY

7. PRESENTATIONS
A. BADGE PINNING CEREMONY - POLICE K9 "DOLLY"
It is recommended that the City Council receive a badge pinning ceremony for the new Police K9, "Dolly". No action will be taken.

8. APPROVAL OF FINAL AGENDA (ACTION)
Cotati City Council Agenda October 10, 2023

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

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

10. CONSENT CALENDAR (ACTION)
A. ACCEPT THE FISCAL YEAR 2022-2023 ANNUAL REPORT OF
DEVELOPMENT IMPACT FEE (AB1600)
It is recommended that the City Council adopt a resolution accepting the fiscal year 2022-23 annual reports of development impact fee activity.

B. DESIGNATION OF SIGNATURES FOR ORDERS FOR PAYMENT OF

MONIES, WIRE TRANSFER SERVICES AND ACCESS FOR SAFE

DEPOSIT BOX
It is recommended that the City Council adopt: 1) a resolution designating signatures for orders for payment of monies drawn against the City of Cotati on existing accounts at Exchange Bank, California Asset Management Pool, U.S. Bank, Sonoma County Investment Trust Fund, and California State Local Agency Investment Fund, and 2) a resolution designating signatures for wire transfer services with Exchange Bank; and 3) a resolution designating signatures for access to safe deposit box at Exchange Bank; and 4) resolution designating signatures for orders for payment of monies drawn against the City of Cotati on existing accounts with California State Local Agency Investment Fund.

C. RESOLUTION APPROVING THE SECOND AMENDMENT TO THE LEASE

AGREEMENT WITH AMWOHI MPL TOWER HOLDINGS LLC AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
It is recommended that the City Council of the City of Cotati adopt a resolution approving the Second Amendment to the Lease agreement with Amwohi MPL Tower Holdings LLC and authorizing the City Manager to execute said agreement.

D. ACCEPT CIVIC CENTER PAINTING PROJECT
It is recommended the City of Cotati City Council adopt a resolution accepting the Civic Center Painting Project and authorizing the City Clerk to file a notice of completion and, after 35 days with no protests, release the retention.

11. DIRECTION ON FUTURE AGENDA ITEMS

12. REGULAR AGENDA (ACTION)
Cotati City Council Agenda October 10, 2023

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A. MOTION APPROVING A LAND ACKNOWLEDGMENT STATEMENT TO

BE PUBLICLY DISPLAYED NO THE CITY WEBSITE
It is recommended that the City Council adopt a motion approving a Land Acknowledgment statement, to be publicly displayed on the City website.

B. APPROVE AND ISSUE REPORT ON MEASURES TAKEN TO ALLEVIATE

CONDITIONS LEADING TO ADOPTION OF INTERIM URGENCY
ORDINANCE NO. 922 PRESERVING SENIOR MOBILE HOME PARKS
It is recommended that the City Council approve and issue the attached report on measures taken to alleviate the conditions which lead to the adoption of Interim Urgency Ordinance No. 922 to temporarily suspend conversion of senior mobile parks to all age mobile home parks.

13. CITY MANAGER'S REPORT

14. CITY COUNCIL MEMBER REPORTS

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

16. 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.

17. 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 October 6, 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 September 26, 2023
6:00 PM REGULAR MEETING

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

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

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 - SEP 12, 2023 6:00 PM RESULT: ACCEPTED AS AMENDED [UNANIMOUS]
MOVER: Sylvia Lemus, Councilmember
SECONDER: Ben Ford, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Councilmember Ford requested a change to the minutes to note that his remote participation in the meeting was due to a just cause under the provisions of AB 2449.

Public Comment:

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Minutes Acceptance: Minutes of Sep 26, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes September 26, 2023

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Laurie Alderman of Cotati

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

No public comment

7. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS
No public comment.

8. CONSENT CALENDAR (ACTION)

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Minutes Acceptance: Minutes of Sep 26, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes September 26, 2023

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RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
A. AMEND FTE STAFFING SCHEDULE FOR FISCAL YEAR 2023/24
B. DESIGN AGREEMENT FOR SUNFLOWER PARK UPDATES

9. DIRECTION ON FUTURE AGENDA ITEMS
Vice Mayor Sparks asked for a future agenda item on the webcast technical issues.

City Manager O'Bid advised that a solution is already being implemented and should be ready within the next few Council meetings.

10. REGULAR AGENDA (ACTION)
A. COMMUNITY SURVEY UPDATE
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Presentation by City Manager Damien O'Bid and Miranda Everitt of FM3 Research.

Councilmembers comment.

No public comment.

Council directed the formation of an ad-hoc committee, appointing Mayor Harvey and Councilmember Lemus, to review and finalize the survey questions with the consultants. Council also requested to add a Spanish Language version of the survey online, and increased the not-to-exceed threshold in the Resolution to $45,000, to account for the added cost.

B. WATER AND SEWER UTILITY CUSTOMER SURVEY AND MONTHLY

BILLING PROPOSAL
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
Presentation by Director of Administrative Services Angela Courter.

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Minutes Acceptance: Minutes of Sep 26, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council Minutes September 26, 2023

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Councilmembers comment.

No public comment.

Council provided direction to staff to explore incentive programs to encourage utility customers to sign up for bank draft for utility payments.

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

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

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

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

15. ADJOURNMENT
Mayor Harvey adjourned the meeting at 7:17pm.
/s/ Kevin Patterson, Deputy City Clerk

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Minutes Acceptance: Minutes of Sep 26, 2023 6:00 PM (APPROVAL OF MINUTES AND NOTICE OF WAIVING OF READING OF ALL Cotati City Council
Agenda Staff Report
Item type: PRESENTATIONS
To: City Council
Subject: Badge Pinning Ceremony - Police K9 "Dolly"
Date: October 10, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council receive a badge pinning ceremony for the new Police K9, "Dolly". No action will be taken.

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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Accept the fiscal year 2022-2023 Annual Report of Development Impact Fee (AB1600)
Date: October 10, 2023
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council adopt a resolution accepting the fiscal year 2022-23 annual reports of development impact fee activity.

Background
The City imposes fees to mitigate the impact of development pursuant to the Mitigation Fee Act, Government Code Section 66000 et seq. When collected, the fees are deposited into special accounts. One of the mandated accounting guidelines, as stated in Government Code Section 66006(a), provides that the City shall establish separate accounts for each type of improvement funded by development fees. The City maintains and accounts for the following development fees:
• Inclusionary Housing: These fees are used for providing affordable housing. • Park-in-Lieu: These fees are used to fund the design and construction of park and park improvements required to mitigate the impact of new development. • Traffic Impact: These fees are used to fund the design and construction of things such as streets and traffic light improvements as identified in the fee program to mitigate the impact of new development.

Analysis
Each local agency is required, within 180 days after the last day of each fiscal year, to make available to the public the following information:
• A brief description of the type of fee in the accounts; and • The amount of fees collected and the interest earned; and • The beginning and ending balance of the accounts; and

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• Identification of each public improvement on which fees were expended; and • The amount of expenditure for each public facility or improvement made from the account during the year; and
• Other specified information as applicable.

Upon requests from any person, the City will provide a copy of this report. No requests have been made and as such the report was provided online. The City also posted a notice on its website of the availability of the development impact fee information pending acceptance from the Council. Upon adoption of the report by the City Council, the report will be revised to include the adopted resolution.

Exhibit A to the resolution includes tables showing the change in fund balance/working capital, revenues, and expenses for fiscal year 2022-23 as well as a description of each the development fee types, and a schedule of the development fees. No interfund transfers or loans were made from any of the identified accounts during this fiscal year. There were no refunds of development impact fees collected, pursuant to Government Code Section 66001(e), nor were there any allocations of unexpended revenues collected, pursuant to Government Code Section 66001(f).

Financial Considerations
Not applicable.

Environmental Issues
The action of accepting the development fee information does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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RESOLUTION NO.

A RESOLUTION OF THE CITY OF COTATI COUNCIL ACCEPTING THE FISCAL YEAR 2022-2023 ANNUAL REPORTS OF DEVELOPER DEPOSITS (AB 1600

REPORT)
WHEREAS, the City of Cotati imposes fees to mitigate the impact of development pursuant to Government Code Section 66000 et seq.; and
WHEREAS, said fees collected are deposited into separate special and capital accounts for each type of improvement funded by development fees; and WHEREAS, the City maintains separate funds for traffic mitigation, park in lieu, and inclusionary housing:

WHEREAS, pursuant to Government Code Section 66006, the City is required within 180 days after the last day of each fiscal year to make available to the public information for the fiscal year regarding these fees; and
WHEREAS, City staff has prepared a report ("AB 1600 Report") that contains the information required by Government Code Section 66006, a copy of which is attached hereto as Exhibit “A”; and
WHEREAS, on May 14, 2019 an interfund loan for $1,000,000 to be repaid over 20 years at 3% was initiated from inclusionary housing to sewer operations and the outstanding balance as of June 30, 2023 due back to the Inclusionary Housing Fund was $739,003; and WHEREAS, there were no inter-fund transfers or loans made from any of the accounts identified in the AB 1600 Report; and
WHEREAS, there were no refunds of development impact fees collected pursuant to Government Code Section 66001(e), nor were there any allocations of unexpended revenues collected pursuant to Government Code Section 66001(f); and WHEREAS, no interested persons have requested notice of the AB 1600 Report; consequently, no notices of the availability of the AB 1600 Report were mailed; and WHEREAS, the information contained in the attached Exhibit A was made available to the public a minimum of 15 days prior to this City Council meeting date; and WHEREAS, a notice of the availability of the development fee information will be posted on the City’s website upon Council acceptance.

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

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Section 1. Findings. The City Council of the City of Cotati hereby resolves as follows:

A. In accordance with Government Code Section 66006, the City has conducted an annual review of its development impact fees and capital infrastructure programs and the City Council has reviewed the AB 1600 Report attached hereto as Exhibit A and incorporated herein by this reference.

B. The funds have been and shall be used for the purposes stated in the AB 1600 Report, are necessary to mitigate impacts resulting from development in the City and bear a reasonable relationship between the use of the fees and type of development project upon which the fee is imposed.

C. The City Council hereby accepts the AB 1600 Report.

D. The AB 1600 report continues to be available for public review on the City’s website and at the City Clerk’s office and upon request.

Section 2. Effective Date. The resolution shall take effect immediately upon adoption.

Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied.

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 October 10th, 2023, by the following vote, to wit:

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

Exhibit A: 2022-23 - AB 1600 Report (PDF)
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205 206 216
Traffic
Mitigation Park in-Lieu Inclusionary Housing
Beginning Balance 07/01/22 594,864 $ 86,288 $ 3,003,099 $ Revenues
Interest Earnings 17,861 2,536 87,868
Fees 150,964 - -
Total Revenues 2,536 168,825 87,868
Expenditures - 100,000 -
Excess of Revenue Over/(Under)
Expenditures 2,536 68,825 87,868
Ending Balance 06/30/23 663,689 $ 88,824 $ 3,090,967 $
- - (739,003)
Available Ending Balance 06/30/23 663,689 $ 88,824 $ 2,351,963 $ Expenditures/
Transfers
Est % Funded by
Impact Fees
205 -- Traffic Mitigation 100,000 $
Highway 116/W Cotati Design and Traffic Safety 100,000 65% July 1, 2022 through June 30, 2023
Annual Report on Developers' Funds Per GC 66000
Analysis of Changes in Fund Balance/Working Capital
July 1, 2022 through June 30, 2023
Annual Report on Developers' Funds Per GC 66000
Expense Report
Outstanding Interfund Loan Receivable

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Attachment: Exhibit A: 2022-23 - AB 1600 Report (Reso - FY 2022-23 Annual Report of Development Impact Fee (AB1600)) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Designation of Signatures for Orders for Payment of Monies, Wire Transfer Services and Access for Safe Deposit Box
Date: October 10, 2023
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council adopt: 1) a resolution designating signatures for orders for payment of monies drawn against the City of Cotati on existing accounts at Exchange Bank, California Asset Management Pool, U.S. Bank, Sonoma County Investment Trust Fund, and California State Local Agency Investment Fund, and 2) a resolution designating signatures for wire transfer services with Exchange Bank; and 3) a resolution designating signatures for access to safe deposit box at Exchange Bank; and 4) resolution designating signatures for orders for payment of monies drawn against the City of Cotati on existing accounts with California State Local Agency Investment Fund.

Background:

Due to the changes in City staff, it is necessary to update the City/Agency officers’ banking signatures.

Analysis/Discussion:

Two authorized signatures are required to draw funds against a City bank account or to transfer funds from one bank account to another.

Financial Considerations:

Dual custodianship is a primary internal control in the stewardship and management of the City’s cash and investments, assuring security of the assets while allowing for flexibility to address operational demands.

Environmental Issues:

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None.

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

DESIGNATING SIGNATURES FOR ORDERS FOR PAYMENT OF MONIES DRAWN

AGAINST THE CITY OF COTATI ON EXISTING ACCOUNTS AT THE EXCHANGE

BANK, US BANK, CALIFORNIA ASSET MANAGEMENT POOL, SONOMA COUNTY

INVESTMENT TRUST FUND, AND CALIFORNIA STATE LOCAL AGENCY

INVESTMENT FUND
BE IT RESOLVED that the Exchange Bank, U.S. Bank, California Asset Management Pool, Sonoma County Investment Trust Fund, and California State Local Agency Investment Fund, as designated depositories for the City of Cotati, be and are hereby requested, authorized and directed to honor all checks, drafts, withdrawals or other orders for payment of monies drawn against the City of Cotati on its existing accounts, when bearing the signatures, or the facsimile signatures, of two of the following:

Damien O’Bid, City Manager
Angela Courter, Administrative Services Director
Noah Housh, Community Development Director
Craig Scott, Director of Public Works and Engineering
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 October 10th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

DESIGNATING SIGNATURES FOR ACCESS TO SAFE DEPOSIT BOX AT

EXCHANGE BANK
BE IT RESOLVED that the Exchange Bank is hereby requested, authorized and directed to lease a safe deposit box account at the Rohnert Park Branch to the City of Cotati and that each of the listed individuals herein may be granted access to the contents of the safe deposit box for review and inspection, provided that two or more of the authorized individuals are present; and
BE IT FURTHER RESOLVED that no contents of the safe deposit box may be removed, in whole or part, nor shall the safe deposit box be surrendered without the approval of the City Manager or City Council; and
BE IT FURTHER RESOLVED that the City Council does hereby waives and releases all other rights of this organization which pertain to the safe deposit box and its contents.

Authorized Individuals
Damien O’Bid, City Manager
Angela Courter, Administrative Services Director
Noah Housh, Community Development Director
Craig Scott, Director of Public Works and Engineering
Kevin Patterson, Deputy City Clerk
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 October 10th, 2023, by the following vote, to wit:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

DESIGNATING SIGNATURES FOR WIRE TRANSFER SERVICES WITH

EXCHANGE BANK
WHEREAS, it is in the best interest of the City of Cotati (CITY) to arrange for the transfer of deposited funds of CITY other than by check or draft; and WHEREAS, Exchange Bank (BANK) provides automated clearing house ("ACH"), wire transfer and comparable funds transfer services.

IT IS THEREFORE RESOLVED, by the City Council of the City of Cotati that the BANK is requested to honor, execute and process this CITY's telephonic, written or oral requests for the transfer of funds from the accounts of this CITY at the BANK to other accounts of this CITY at any bank or to third parties, upon and subject to such terms and conditions as may from time to time be agreed upon between this CITY and the BANK; and BE IT FURTHER RESOLVED, that any two (2) of the following officers:

Damien O’Bid, City Manager
Noah Housh, Community Development Director
Angela Courter, Administrative Services Director
Craig Scott, Director of Public Works and Engineering
of this CITY are hereby authorized, directed and empowered for and on behalf of and in the name of this CITY:

1. To execute agreements with the BANK providing for such funds transfers; and

2. To determine from time to time who on behalf of the CITY shall be authorized to direct the BANK to transfer the funds of the CITY; and

3. To make, execute and deliver such other agreements as may be required by BANK; and

4. To perform or cause to be performed all further acts and execute and deliver all further instruments which BANK may deem necessary to carry out the purposes of this resolution; and
BE IT FURTHER RESOLVED, that this CITY hereby ratifies and confirms the acts of its officers, agents or employees in heretofore requesting transfers of funds from this CITY's accounts with the BANK by wire or comparable funds transfer together with any acts performed in relation thereto; and
BE IT FURTHER RESOLVED, that the City Clerk of this CITY is hereby authorized and directed to execute, acknowledge and deliver from time to time certified copies of resolutions to the BANK and any other person or agency which may require copies of resolutions and that the certification of the City Clerk as to the signatures of the above named officers will be binding on Packet Pg. 20
this CITY; and
BE IT FURTHER RESOLVED, that the BANK is authorized to act upon this resolution until written notice of the revocation thereof by a resolution duly adopted by the City Council of this CITY is delivered to the BANK, such revocation in no way to affect the obligations of this CITY to the BANK incurred pursuant to the terms of this resolution prior to receipt by the BANK of such notice of revocation; and
BE IT FURTHER RESOLVED that this resolution is in force and effect and has not been amended or revoked and that the specimen signatures appearing above are the signatures of the persons now authorized to direct transfers of funds for this CITY by virtue of said resolution.

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 October 10th, 2023, by the following vote, to wit:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI

DESIGNATING SIGNATURES FOR ORDERS FOR PAYMENT OF MONIES DRAWN

AGAINST THE CITY OF COTATI ON EXISTING ACCOUNTS AT THE CALIFORNIA

STATE LOCAL AGENCY INVESTMENT FUND
WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for purposes of investment by the State Treasurer; and
WHEREAS, the Cotati City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein is in the best interests of the City of Cotati.

NOW THEREFORE, BE IT RESOLVED, that the Cotati City Council hereby authorizes the deposit and withdrawal of City monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein.

BE IT FURTHER RESOLVED, as follows:

Section 1. The following City of Cotati officers holding the title(s) specified hereinbelow or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund and may execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution and the transactions contemplated hereby:

Name Title Signature
Damien O’Bid City Manager
Angela Courter Director of Administrative Services
Noah Housh Director of Community Development
Craig Scott Director of Public Works and Engineering
Section 2. This resolution shall remain in full force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office.

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 October 10th, 2023, by the following vote, to wit:

Approved:________________________________
Mayor
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Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Resolution approving the Second Amendment to the Lease agreement with Amwohi MPL Tower Holdings LLC and authorizing the City Manager to execute said agreement
Date: October 10, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended that the City Council of the City of Cotati adopt a resolution approving the Second Amendment to the Lease agreement with Amwohi MPL Tower Holdings LLC and authorizing the City Manager to execute said agreement.

Background
On August 31, 2005, the City entered into an agreement with New Cingular Wireless PCD, LLC to lease a portion of the City’s property, as well as utility and access easements, at 1 Trebino Court for a cell tower and associated equipment. AMWOHI MPL Tower Holdings LLC is currently the Tenant under the Lease Agreement as successor to the original tenant. On March 26, 2018, the City and Tenant amended the Lease Agreement to incorporate new provisions addressing several items but mainly to address additional lease area, allowing for the sublease of the property by the Tenant, and extending the term of the lease. The City and tenant again intend to amend the lease for additional equipment and expanded space to accommodate the equipment.

Analysis/Discussion
Under the Lease Agreement, executed in 2005, and amended in March 2018, a cell phone tower and equipment occupy a ground area of approximately 697 square feet located towards the northern corner of the City’s Public Works Corporation Yard. The Lease Agreement additionally provides for utility and access easements needed for the use of the leased area. Provisions of the agreement require the cell tower installation and maintenance to not interfere with City operations at the site. The initial term of the agreement went to August 30, 2010, and provides for four five-year extensions of which three have been exercised.

Over the years the tenant has changed, and the current tenant is AMWOHI MPL Tower Holdings LLC (Tenant). The Tenant approached the City with a request to amend the Lease Agreement to expand the lease area by 77 square feet. City staff and Tenant representatives have concluded

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negotiations for the Second Amendment to the Lease Agreement. Additionally, the installation of the equipment, both on the tower and in the expanded leased space referenced by the Second Amendment to the Lease Agreement, received Final Design Approval from the City on June 1, 2023. The Final Design Approval Letter and the Second Amendment to the Lease Agreement are attached to the resolution for this item. The amended agreement includes provisions addressing the agreement’s term, additional lease area, rent, a one-time payment to the City for costs in working out the amendment, landlord’s consent to sublease and modifications to the site, termination provisions, interference, and other provisions. The new lease term increases the number of 5-year extensions from 6 to 8. If all extensions are exercised, the final Extension Term will expire on August 30, 2050. The 5-year renewals would automatically be exercised unless the Tenant violates the terms of the Agreement.

City staff and the City’s attorney have worked extensively with the Tenant on the amendment language to arrive at language agreeable to both parties. If approved by the City and by the Tenant, the Amended Lease Agreement would go into effect immediately.

Financial Considerations
Under the current First Amended Lease Agreement from March 2018, the City received initial monthly payments of $2,200 which adjusted annually by 3 percent. There have been 5 annual adjustments since the amendment was executed, so the monthly payment is currently $2,550.

The Second amended Lease Agreement, due to the increased square footage, is set to start at a monthly rental amount of $2,840 and continues increases at 3% each subsequent March. The City is also to receive a one-time payment of $11,800 for City expenses in processing this Second Amendment to the Lease Agreement.

Lastly this second amended agreement continues the provision for the City to receive fifty percent of the rental, license or similar payments made to the Tenant by a subtenant (DISH). To comply with proper reporting for this item, City Staff have requested to receive copies of the final sublease agreement.

No budget adjustments for additional revenues or increased expenditures are proposed at this time and will be compiled for consideration with the Mid-Year financial reporting.

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

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RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ADOPTING A

RESOLUTION APPROVING THE SECOND AMENDMENT TO THE LEASE

AGREEMENT WITH AMWOHI MPL TOWER HOLDINGS LLC AND

AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
WHEREAS, The City (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Original Tenant”) entered into a Lease Agreement dated August 31, 2005 (the “Agreement”) whereby Original Tenant leased certain real property located, together with access and utility easements, at 1 Trebino Court (the “Premises”), all located within certain real property owned by Landlord (“Landlord’s Property”); and WHEREAS, AMWOHI MPL Tower Holdings LLC is currently the Tenant under the Agreement as successor in interest to the Original Tenant; and WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and
WHEREAS, the Agreement was Amended in March 2018 and added two more extensions for a total of six, five year extensions of which three have been exercised by Tenant.

According to the Agreement, the final extension expires on August 30, 2030; and WHEREAS, The Tenant approached the City once again with a request to amend the Agreement, primarily to expand the lease area by 77 square feet; and WHEREAS, City staff and Tenant representatives have negotiated a second amendment to the Agreement which includes provisions addressing the Agreement’s term, additional lease area, rent, a one-time payment to the City for costs working on the amendment, Landlord’s consent to sublease and modifications to the site, termination provisions, interference, and other provisions (Exhibit A); and
WHEREAS, the negotiated Second Amended Agreement received Final Design Review from the City on June 1, 2023 (Exhibit B); and
WHEREAS, the action of approving the attached second amendment to the Agreement does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

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

1. The above recitals are true and correct; and

2. The attached Second Amendment to Lease Agreement between the City and AMWOHI MPL Tower Holdings LLC is approved, and

3. The City Manager, or Designee, is authorized to execute said agreement.

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 October 10th, 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:

Exhibit A - Second Amendment to Crown Lease with Exhibits (PDF) Exhibit B - City Design Review Approval Letter (PDF)
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Site Name: HWY 116 - Stony Point Road
Business Unit #: 856701
1 SECOND AMENDMENT TO

LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT (the “Second Amendment”) is made effective this ____ day of ______________, 2022 (“Effective Date”), by and between THE CITY OF COTATI, a municipal corporation (hereinafter referred to as “Landlord”) and AMWOHI MPL TOWER HOLDINGS LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCATT LLC, a Delaware limited liability company (hereinafter referred to as “Tenant”).

RECITALS
WHEREAS, Landlord and New Cingular Wireless PCS, LLC, a Delaware limited liability company (“Original Tenant”) entered into a Lease Agreement dated August 31, 2005, a memorandum of which was recorded in the official public records of Sonoma County on December 21, 2005 as Instrument #2005187427, (the “Agreement”) whereby Original Tenant leased certain real property, together with access and utility easements, located in Sonoma County, California from Landlord (the “Premises”), all located within certain real property owned by Landlord (“Landlord’s Property”); and
WHEREAS, AMWOHI MPL Tower Holdings LLC is currently the Tenant under the Agreement as successor in interest to the Original Tenant; and WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and
WHEREAS, the Agreement had an initial term that commenced on August 31, 2005 and expired on August 30, 2010. The Agreement provided for four (4) extensions of five (5) years each, allowing for a final extension to expire on August 30, 2030; and WHEREAS, Landlord and Tenant entered into the First Amendment to Lease Agreement dated March 26, 2018, to, among other revisions, expand the lease area, consent to a sublease, and

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 - Stony Point Road
Business Unit #: 856701
2 extend the term of the Agreement by adding two (2) additional five (5) year term extensions, for a total of six (6) extensions, and allowing for a final extension expiring on August 30, 2040; and WHEREAS, Landlord and Tenant desire to amend the Agreement on the terms and conditions contained herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord and Tenant agree as follows:

1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.

2. Term. Section 3(b) of the Agreement is hereby amended and restated in its entirety to read as follows:

Provided Tenant is not in default beyond any applicable cure period, this Agreement will automatically renew for eight (8) additional five (5) year terms (each five (5) year term shall be defined as an “Extension Term”), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant’s intention not to renew this Agreement at least sixty (60) days prior to the expiration of the existing Term.

The remainder of Section 3 of the Agreement remains unchanged by this Second Amendment.

Landlord and Tenant hereby acknowledge that Tenant has exercised three (3) Extension Terms, leaving a balance of five (5) Extension Terms. If all Extension Terms are exercised, the final Extension Term will expire on August 30, 2050.

3. Additional Lease Area. The existing Premises is hereby expanded in size to include additional space, which consists of approximately seventy seven (77) square feet of real property adjacent to the existing Premises at a location more particularly shown on the Site Plan attached hereto as Exhibit B (the “Additional Lease Area II”). The Premises, as expanded by the Additional Lease Area II, is described on Exhibit A attached hereto. Notwithstanding anything to the contrary in this Second Amendment, Tenant is not relinquishing any rights to any lease area, access easements, or utility easements that it possesses prior to the date of this Second Amendment.

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 - Stony Point Road
Business Unit #: 856701 3

4. Rent. Beginning on the Effective Date, the monthly Rent payable under the Agreement shall increase by Forty Nine and 60/100 Dollars ($49.60) to equal an amount of Two Thousand Six Hundred and 00/100 Dollars ($2,600.00) per month. Following such increase, the Rent shall continue to adjust pursuant to the terms of the Agreement.

5. One-Time Payment. Tenant shall pay to Landlord a one-time payment in the amount of Eleven Thousand and Eight Hundred Dollars ($11,800.00) within thirty (30) days of the full execution of this Second Amendment.

6. Landlord Consent to Sublease and Modifications.
a) In accordance with Section 16 of the Agreement, Landlord hereby consents to Tenant’s sublease to DISH Network, LLC, or an affiliate (“DISH”), of a portion of Tenant’s telecommunications tower and related facilities located on the Premises, as expanded hereby; provided that DISH’s occupancy of the Premises shall be subject to all terms and conditions of the Agreement. Tenant will provide Landlord with an estimated rent amount to be paid by DISH under its sublease with Tenant within thirty (30) days following the Effective Date. Additionally, in accordance with Section 2 of the Agreement, Landlord further consents to the modifications, additions and improvements to the Premises shown on the drawings attached hereto as Exhibit C, which Tenant has determined are required in order to accommodate DISH. b) As consideration for Landlord’s consent to Tenant’s sublease to DISH, Tenant agrees to pay to Landlord fifty percent (50%) of the rental, license or similar payments actually received by Tenant from DISH (the “Additional Rent”) within thirty (30) days after receipt of said payments by Tenant. For purposes of calculating Additional Rent, Landlord and Tenant agree that Additional Rent shall not include (i) any payment received by Tenant under the sublease for reimbursement to Tenant of its operating expenses, taxes, construction costs or installation costs or (ii) any other payment other than regular recurring rent or license fees. Tenant shall have no obligation for payment to Landlord of such share of rental, license or similar payments if not actually received by Tenant. Non-payment of such rental, license or other similar payment by DISH shall not be an event of default under the Agreement. Landlord and Tenant acknowledge that this subsection (b) shall only apply to Tenant’s sublease to DISH and shall not apply to any other subtenants of the Premises.

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 - Stony Point Road
Business Unit #: 856701
4 c) Once per calendar year, Landlord may request a business summary report pertaining to Tenant’s Additional Rent obligations for the prior twelve (12) month period. Tenant shall provide Landlord such business summary report within thirty (30) days of receiving Landlord’s request.

7. Representations, Warranties and Covenants of Landlord. Landlord represents, warrants and covenants to Tenant as follows:
a) Landlord is duly authorized to and has the full power and authority to enter into this Second Amendment and to perform all of Landlord’s obligations under the Agreement as amended hereby.
b) Except as expressly identified in this Second Amendment, Landlord owns the Premises free and clear of any mortgage, deed of trust, or other lien secured by any legal or beneficial interest in the Premises, or any right of any individual, entity or governmental authority arising under an option, right of first refusal, lease, license, easement or other instrument other than any rights of Tenant arising under the Agreement as amended hereby and the rights of utility providers under recorded easements.
c) Landlord shall reasonably cooperate in providing information, signing documents and seeking execution by third parties of documents that will remove, subordinate, or satisfy any mortgages, deeds of trust, liens, or other encumbrances affecting the Premises. d) Upon Tenant’s request, Landlord shall cure any defect in Landlord’s title to the Premises which in the reasonable opinion of Tenant has or may have an adverse effect on Tenant’s use or possession of the Premises.
e) Tenant is not currently in default under the Agreement, and to Landlord’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Tenant under the Agreement. f) Landlord agrees to execute and deliver such further documents and provide such further assurances as may reasonably be requested by Tenant to effect any release or cure referred to in this paragraph, carry out and evidence the full intent and purpose of the parties under the Agreement as amended hereby, and ensure Tenant’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Agreement as amended hereby.

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 - Stony Point Road
Business Unit #: 856701 5

8. IRS Form W-9. Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Second Amendment and at such other times as may be reasonably requested by Tenant. In the event the Landlord’s Property is transferred, the succeeding Landlord shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in the Rent to the new Landlord.

9. Counterparts. This Second Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument.

10. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. Any portion of the Agreement that is inconsistent with this Second Amendment is hereby amended to be consistent. [Signature pages follow]

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 - Stony Point Road
Business Unit #: 856701 6
Landlord and Tenant have caused this Second Amendment to be duly executed on the day and year first written above.

LANDLORD:

THE CITY OF COTATI, a municipal
corporation
By:

Print Name:

Title:

ATTEST:

By: _____________________________
Kevin Patterson, Deputy City Clerk
APPROVED AS TO FORM:

By: _____________________________
John Bakker, City Attorney
[Tenant Execution Page Follows]

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 - Stony Point Road
Business Unit #: 856701 7
This Second Amendment is executed by Tenant as of the date first written above.

TENANT:

AMWOHI MPL TOWER HOLDINGS LLC,
a Delaware limited liability company
By: CCATT LLC, a Delaware limited
liability company
Its: Attorney In Fact
By:

Print Name:

Title:

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 – Stony Point Road
Business Unit #: 856701 8

EXHIBIT A

EXISTING PREMISES

THAT PORTION OF THE LANDS OF HELMAN LANE PARTNERS AS DESCRIBED IN THAT DEED RECORDED AS DOCUMENT NO. 1993-0033188 OF OFFICIAL RECORDS AND THE LANDS OF THE CITY OF COTATI AS DESCRIBED IN THAT DEED RECORDED AS DOCUMENT NO. 1993-0033190 OF OFFICIAL RECORDS, BOTH SONOMA COUNTY RECORDS, ALSO BEING A PORTION OF LOT 169 OF SUBDIVISION NO. 7 OF THE COTATI RANCHO FILED IN BOOK 10 OF MAPS AT PAGE 9, SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN SAID GRANT DEED RECORDED AS DOCUMENT NO. 1993-0033190;
THENCE SOUTH 37° 00' 51" WEST, 44.67 FEET;
THENCE SOUTH 52° 59' 09" EAST, 85.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 38° 40' 23" EAST, 1.49 FEET;
THENCE NORTH 51° 19' 37" WEST, 9.63 FEET;
THENCE NORTH 38° 40' 23" EAST, 18.58 FEET;
THENCE SOUTH 51° 19' 37" EAST, 34.71 FEET;
THENCE SOUTH 38° 40' 23" WEST, 20.07 FEET;
THENCE NORTH 51° 19' 37" WEST, 25.08 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.016 ACRES (682 SQUARE FEET) OF LAND MORE OR LESS.

ADDITIONAL LEASE AREA II

COMMENCING AT THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN SAID GRANT DEED RECORDED AS DOCUMENT NO. 1993-0033190;
THENCE SOUTH 37° 00' 51" WEST, 44.67 FEET;
THENCE SOUTH 52° 59' 09" EAST, 85.67 FEET;
THENCE SOUTH 51° 19' 37" EAST, 25.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 38° 40' 23" EAST, 11.00 FEET;
THENCE SOUTH 51° 19' 37" EAST, 7.00 FEET;
THENCE SOUTH 38° 40' 23" WEST, 11.00 FEET;
THENCE NORTH 51° 19' 37" WEST, 7.00 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.002 ACRES (77 SQUARE FEET) OF LAND MORE OR LESS.

EXPANDED PREMISES DESCRIPTION

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 – Stony Point Road
Business Unit #: 856701 9
SONOMA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST NORTHERLY CORNER OF LAND DESCRIBED IN SAID GRANT DEED RECORDED AS DOCUMENT NO. 1993-0033190;
THENCE SOUTH 37° 00' 51" WEST, 44.67 FEET;
THENCE SOUTH 52° 59' 09" EAST, 85.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 38° 40' 23" EAST, 1.49 FEET;
THENCE NORTH 51° 19' 37" WEST, 9.63 FEET;
THENCE NORTH 38° 40' 23" EAST, 18.58 FEET;
THENCE SOUTH 51° 19' 37" EAST, 34.71 FEET;
THENCE SOUTH 38° 40' 23" WEST, 9.07 FEET;
THENCE SOUTH 51° 19' 37" EAST, 7.00 FEET;
THENCE SOUTH 38° 40' 23" WEST, 11.00 FEET;
THENCE NORTH 51° 19' 37" WEST, 32.08 FEET TO THE TRUE POINT OF BEGINNING AND CONTAINING 0.017 ACRES (759 SQUARE FEET) OF LAND MORE OR LESS.

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 – Stony Point Road
Business Unit #: 856701 10

EXHIBIT B

SURVEY ATTACHED

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease

TOWER SURVEY

SITE LOCATION
856701

SURVEY PROCEDURES & EQUIPMENT

THE ACCURACY OF THIS SURVEY MEETS OR EXCEEDS THE
MINIMUM STANDARDS AS REQUIRED BY [STATE
REQUIREMENTS FOR BOUNDARY SURVEYS].

INSTRUMENTS USED:
- TRIMBLE R12i GNSS RECEIVER USING THE SMARTNET VRS

NETWORK
- TRIMBLE TSC7 SERIES ROBOTIC TOTAL STATION

COVER SHEET
HWY 116 – STONY POINT ROAD
1 TREBINO COURT
COTATI, CA 94931

SONOMA COUNTY

AREA SUMMARY
AREA SQ. FT. ACRES

CONTENTS
HWY 116 – STONY POINT ROAD
856701
1 TREBINO COURT
COTATI, CA 94931

SONOMA COUNTY
SURVEY PERFORMED FOR:

SURVEY PERFORMED BY:

SURVEY COORDINATED BY:

SURVEYOR'S CERTIFICATION:

I hereby certify to CCATT LLC, Crown Castle USA Inc., including its parents, subsidiaries and affiliated entities, and Fidelity National Title Insurance Company Name.

LEASE AREA ZONING:

LEASE AREA FLOOD NOTE:

BASIS OF NORTH:

NOTES:

SITE INFORMATION:

Name

TOWER SURVEY
SITE LOCATED IN:

REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET TITLE:

GEOLINE SURVEYING, INC.
13430 NW 10th Terrace, Suite A, Alachua, FL 32615
Tele: (386) 418-0500 | Fax: (386) 462-9986
1500 Corporate Drive
Canonsburg, PA 15317
NV5
3550 W. MARKET ST., SUITE 200, AKRON, OH 44333
Tele: (800) 787-8397 | www.NV5.com
Lot 169 of Subdivision No. 7 of Book 10 of Maps, Page 9 LEGEND
X
PB
RS M

ADDITIONAL LAND

BUILDING

ASPHALT PAVEMENT

CONTOUR - MAJOR

CONTOUR - MINOR

EASEMENT

GUIDERAIL

JURISDICTION LINE

PROPERTY LINE

PROPERTY TIE

RIGHT OF WAY

SETBACK

TREELINE WETLAND

RAILROAD TRACKS

CENTERLINE

ROAD CENTERLINE
STREAM

STREAM (DIRECTIONAL)
DITCH

CHANNEL
FENCE

CABLE TV
CABLE U.G.

COMBINED SEWER

CABLE TV & ELEC

ELECTRIC
ELECTRIC U.G. FIBER
FIBER U.G.

GAS
SEWER
STORM

TELEPHONE
TELEPHONE U.G.

UNKNOWN UTILITY WATER

IP / REBAR MONU
FOUND 2" BRASS DISK IN

MONUMENT WELL

CASED MONU

CASED MONU - FOUND

TRAVERSE POINT

SURVEY POINT

GRAVEL DIRT CONCRETE

RETAINING WALL
STAIRS

DOOR / GATE

DOUBLE DOOR / GATE

GATE - SLIDING
SIGNS

MAILBOX
COLUMN

UTILITY POLE
POLE

BOLLARD

METAL PLATFORM

CULVERT
HVAC

FUEL TANKS GENERATOR
TRAFFIC SIGNAL CONTR.

TRANSFORMER

TRANSFORMER PAD

CATCH BASIN
INLET

UTILITY VAULT

MANHOLE

HANDHOLE

PULL BOX

PEDESTAL

RISER METER

VALVE CLEANOUT

JUNCTION BOX

PUMP STATION

UTILITY BOX

CONTROLLER

FIRE HYDRANT

FLAG POLE
SHRUB

TREE - PALM

TREE - CONIFEROUS

TREE - DECIDUOUS

GUYED POLE

VICINITY MAP - NTS

TOPO - HIGH POINT

TOPO - LOW POINT

PROPERTY TIE
CTV
CU
CS

CTV-E E
EU
FO
FOUGS
STMT
TU

UNK WPL
CABLE, ELEC & TELE U.G. CTV-E-TU

CABLE, ELEC & TELE CTV-E-T
CABLE TV & ELEC U.G. CTV-EU
C.L.

TOWER EASEMENT

PARENT PROPERTY PL

BREAKLINE MATCH LINE

ABBREVIATIONS

LIGHTPOLE

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) B L O D G E T T S T. T R E B I N O C T. A L D E R A V E. B L O D G E T T S T. 0 50 100 FT SCALE: 1" = 100'

PROPERTY OVERVIEW
HWY 116 – STONY POINT ROAD
856701
1 TREBINO COURT
COTATI, CA 94931

SONOMA COUNTY

TOWER SURVEY
SITE INFORMATION:

Name
SITE LOCATED IN:

REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET:

Lot 169 of Subdivision No. 7 of Book 10 of Maps, Page 9 SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317

AREA SUMMARY
AREA SQ. FT. ACRES

PROPERTY INFORMATION

PARENT PARCEL A
CITY OF COTATI APN 046-111-018-000 Deed: 1993-0033190 Address: 1 Trebino Court Cotati, CA 94931

ADJACENT PARCELS B
335 BLODGETT PROPERTY LLC
APN 046-111-041-000 BLOM KENNETH G / BLOM CAROLYN J APN 046-111-042-000 DE CARLI EDWIN C / DE CARLI THEODORA ANN APN 046-111-027-000 SPONGBERG PROPERTIES LLC
APN 046-111-026-000 CONSERVATION CORPS NORTH BAY INC
APN 046-111-046-000 VOLLERT ARTHUR L / VOLLERT DIANE R
APN 046-111-053-000 SONOMA COUNTY WATER AGENCY
APN 046-111-017-000 CDEFGH B C E D FG H A

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) T R E B I N O C T. L1
L2 L3 L5
L6 L7
L8 L9 L10 L11
L4 L12 0 25 50 FT SCALE: 1" = 50'
HWY 116 – STONY POINT ROAD
856701
1 TREBINO COURT
COTATI, CA 94931

SONOMA COUNTY

TOWER SURVEY
SITE INFORMATION:

Name
SITE LOCATED IN:

REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET:

Lot 169 of Subdivision No. 7 of Book 10 of Maps, Page 9 SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317

ACCESS OVERVIEW

LINE TABLE

LINE DIRECTION LENGTH

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) L1L2 L3
L4
L6 L7L9
L10
L12 S 52° 59' 09" E - 85.67'
L8 L5 L11

SITE BOUNDARY
HWY 116 – STONY POINT ROAD
856701
1 TREBINO COURT
COTATI, CA 94931

SONOMA COUNTY

TOWER SURVEY
SITE INFORMATION:

Name
SITE LOCATED IN:

REV DATE DESCRIPTION DRWN
BUN
Address
County
SHEET:

Lot 169 of Subdivision No. 7 of Book 10 of Maps, Page 9 SURVEY PERFORMED FOR:
1500 Corporate Drive
Canonsburg, PA 15317 0 2.5 5 FT SCALE: 1" = 5'

TOTAL LEASE

LINE DIRECTION LENGTH

EXISTING LEASE

LINE DIRECTION LENGTH

ADDITIONAL LEASE

LINE DIRECTION LENGTH

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) Site Name: HWY 116 – Stony Point Road
Business Unit #: 856701
11 EXHIBIT C

CONSTRUCTION DRAWINGS ATTACHED

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease POD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
T-1

VICINITY MAP

DIRECTIONS
11"x17" PLOT WILL BE HALF SCALE UNLESS OTHERWISE NOTED

GENERAL NOTES

SITE PHOTO

SCOPE OF WORK

UNDERGROUND SERVICE ALERT

UTILITY NOTIFICATION CENTER OF CALIFORNIA
(800) 422-4133
WWW.CALIFORNIA811.ORG
DISH Wireless L.L.C. SITE ID:

SFSFO00192A
DISH Wireless L.L.C. SITE ADDRESS:
1 TREBINO COURT
COTATI, CA 94931

CALIFORNIA CODE OF COMPLIANCE

SITE INFORMATION PROJECT DIRECTORY

SHEET INDEX
x
x
x
x
x
x
x
x
x
x
x
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DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
LS-1
1 DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
A-1
2 1
3
DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
A-2.1
12
DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
A-2.2
21
DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
A-3
1 6
2 3
4 5

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
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147258
369
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DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
A-5
147258
369
DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
A-6
147258
369
DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
E-1.1
1 32

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
E-1.2
1 32

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
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12 3
47 58
69
DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
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2 13

LOAD SERVED

VOLT AMPS
(WATTS)
L1 L2
TRIP CKT # PHASE LOAD SERVED

VOLT AMPS
(WATTS)
L1 L2
TRIP CKT #

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
G-1
12 3
”

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
G-2
36 1
4 2
5
DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
G-3
147258
369

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
RF-1
1 234
DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
GN-1

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
GN-2

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
GN-3
xxxxxxxxxx

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement) P
OD

POWER OF DESIGN
11490 BLUEGRASS PKWY
LOUISVILLE, KY 40299
3/31/25
GN-4

DigiSigner Document ID: f2c28420-0450-490c-886a-5d44135dff47

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Attachment: Exhibit A - Second Amendment to Crown Lease with Exhibits (Amended Cell Lease Agreement)

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Attachment: Exhibit B - City Design Review Approval Letter (Amended Cell Lease Agreement)

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Attachment: Exhibit B - City Design Review Approval Letter (Amended Cell Lease Agreement) Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Accept Civic Center Painting Project
Date: October 10, 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 Civic Center Painting Project and authorizing 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, replacing City Hall windows facing West Sierra Avenue, replacing all the Community Center Windows, and painting City Hall, the Community Center, and the Cotati Room exterior. Following completion of public projects, the City is to accept the improvements.

Analysis/Discussion
On April 11, 2023, the City Council awarded the Civic Center Painting Project (Project) construction contract to KBI Painting.

Total Project costs including construction, construction change orders, construction management, and direct costs totaled $97,420. The contractor has provided a maintenance bond, as per contract requirements, for 10 percent of the total contract amount. The bond is to cover repairs of defects in the work for a period of one year from City acceptance of the improvements. The change orders consisted of remediation work to the Cotati Room canopy structure, additional painting on City Hall along West Sierra, and graffiti removal of the mosaic bench walls at the Northern Gateway.

On June 21, 2023, City staff completed a final walk-through of the Project, except for the Cotati Room Canopy remediation, and the City Engineer has determined the work to be completed in accordance with the contract documents. Prior to painting the canopy, deterioration was noticed and the contractor was asked for and provided change order pricing for remediation work

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including flashing and wood filler prior to wood finishing and painting. That work was approved by Staff and completed and inspected in August. All contract and change order work is therefore completed and accepted. The City Engineer recommends it for acceptance by the City. The final invoice for work performed was received September 9, 2023.

Financial Considerations
The Civic Center Painting 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 appropriated budget for the project as adopted by the City Council on April 11, 2023 was $96,505. Due to the aforementioned project change orders for additional scope, there was a net project overrun of $915, which is proposed to be covered by project savings from the window project, which had project change order saving of $7,216 for tasks shifted to the painting project to improve work efficiencies. As such no additional fund appropriations are requested to meet the additional scope.

Environmental Issues
This Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Civic Center Painting 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 OF COTATI CITY COUNCIL ACCEPTING THE CIVIC

CENTER PAINTING PROJECT, AUTHORIZING THE CITY CLERK TO RECORD

THE NOTICE OF COMPLETION WITH THE COUNTY CLERK, AND RELEASE THE RETENTION AFTER 35 DAYS IF THERE ARE NO PROTESTS RECEIVED WHEREAS, on April 11, 2023, the City Council awarded the Construction Contract for the Civic Center Painting Project completed by KBI Painting, Inc; and WHEREAS, the Notice to Proceed was issued with a start date of May 22nd 2023, and a required completion date, per contract documents, of June 22nd 2023; and WHEREAS, KBI Painting, Inc has completed the work specified in the contract documents to the satisfaction of the Public Works Director/City Engineer and Construction Manager David Sizle with Moe Engineering; and
WHEREAS, total Project cost was $97,420, including construction, construction change orders, construction management, and direct costs, and the contractor has provided a maintenance bond, as per contract requirements, for 10 percent of the total contract amount, and the bond is to cover repairs of defects in the work for a period of one year from City acceptance of the improvements; and
WHEREAS, the change orders consisted of remediation work to the Cotati Room canopy structure, additional painting on City Hall along West Sierra and graffiti removal of the mosaic bench walls at the Northern Gateway; and
WHEREAS, the 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; and
WHEREAS, the total cost for the project was $97,420, exceeding the authorized budget for the Project by $915, however no additional appropriations are required due to budget savings under the Civic Center Window Project of more than $7,200; and WHEREAS, this Project is Categorically Exempt in accordance with the California Environmental Quality Act Guidelines Section 15301 Existing Facilities as the Civic Center Painting 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 Civic Center Painting 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
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3. Authorizes the City Manager to:
a. Increase the Project’s budget by $915 as a reduction in budget from the City Window Replacement Project.
b. Release any remaining contract retention to KBI Painting Inc. thirty-five (35) days after the recordation of the Notice of Completion, provided that no liens or stop notices have been filed against the Project.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the October 10th, 2023, by the following vote, to wit:

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

NOC Painting (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 October 10, 2023, for the Civic Center Painting Project. 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 June 21, 2023.

3. The name of the original contractor for the work of improvement was KBI Painting ,Inc. for a total constructed amount of $74,047.70.

4. The Contractor has provided the City with a maintenance bond and guaranty in the amount of 10 percent of the construction contract amount ($7,407.70) for a period of one (1) year from the date of City Council acceptance of the improvements.

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

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

Dated: _________________ ___________________________
Craig A Scott
City Engineer/Public Works Director
T:\PROJECTS\Departments\City Buildings\CC-CH-Cotati Room Painting\Construction\Closeout\NOC.doc

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Attachment: NOC Painting (Accept Civic Center Painting Project) Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To:

Subject:

City Council
Motion Approving a Land Acknowledgment statement to be publicly displayed on the City website
Date: October 10, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a motion approving a Land Acknowledgment statement, to be publicly displayed on the City website.

Background
A Land Acknowledgement is a formal statement that recognizes and respects Indigenous Peoples as traditional stewards of this land and the enduring relationship that exists between Indigenous Peoples and their traditional territories. In practice, Land Acknowledgement Statements are often used to open events or ceremonies.

In Sonoma County, staff could find two examples of Land Acknowledgment statements by municipal or county government. The City of Rohnert Park includes a land acknowledgment on every City Council agenda. The Mayor reads the statement at the start of every meeting, immediately after the Call to Order, as follows:
“READING OF THE LAND ACKNOWLEDGMENT
The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards of the land. Let it be acknowledged that the City of Rohnert Park is located within the traditional homelands of the Federated Indians of Graton Rancheria, comprised of Coast Miwok and Southern Pomo peoples.”
The County of Sonoma took a different approach and includes a longer Land Acknowledgment on their website.
“The County of Sonoma recognizes that we’re on the ancestral lands of the Coast Miwok, Pomo, and Wappo who are the original caretakers of this area. We respectfully acknowledge the Indigenous peoples who have been stewarding and maintaining relationship on this land as

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knowledge keepers for millennia.

The County of Sonoma is dedicated to understanding and educating the public about historical and ongoing connections between land conservation and social inequities. This includes the histories of genocide, forced removal and displacement and broken promises with Indigenous peoples as a part of American history.

Indigenous people are not just in our histories. We strive to optimize Indigenous voices to share their own history, as to not perpetuate another form of being silenced. While recognizing the past, we honor the resiliency of Native people still in their ancestral territories in relationship with their land and culture.

This acknowledgement does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.” Analysis/Discussion
In conversation with the CEO of the Progressive Tribal Alliance, the feedback received was a preference for a positive land acknowledgment that emphasized respect, education, and collaboration, rather than a perfunctory statement or one that is mostly backward looking. For these reasons, the preference was for a longer more substantive Land Acknowledgement available on the City website as a first step in future collaborations.

Given this, the staff recommend the following statement, posted on the City website:
“The City of Cotati recognizes that we’re on the ancestral lands of the Coastal Miwok, who are the original caretakers of this area. We respectfully acknowledge the Indigenous peoples who have been stewarding and maintaining a relationship on this land as knowledge keepers for millennia.

The City of Cotati is dedicated to understanding and educating the public about the historical and ongoing connections between the land and culture of indigenous communities that were the original inhabitants.

We encourage indigenous members of our community to share their history, customs and values with other community members to help build understanding. While recognizing the past injustices, we honor the resiliency and spirit of our Native community and their ability to continue to live and thrive on their ancestral lands, as well as continuing to practice their cultural ceremonies and practices.

This acknowledgement does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.” Financial Considerations
Adopting a Land Acknowledgment statement does not create a financial impact to the City.

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

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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Approve and Issue Report on Measures Taken to Alleviate Conditions Leading to Adoption of Interim Urgency Ordinance No. 922 Preserving Senior Mobile Home Parks
Date: October 10, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council approve and issue the attached report on measures taken to alleviate the conditions which lead to the adoption of Interim Urgency Ordinance No. 922 to temporarily suspend conversion of senior mobile parks to all age mobile home parks.

Background
On September 12, 2023, City Council considered an urgency ordinance, conducted a public hearing, after which Council adopted Urgency Ordinance No. 922 (Exhibit A), temporarily suspending the conversion of any senior mobile home parks to all age mobile home parks.

Analysis/Discussion
Pursuant to California Government Code Section 65858(d), the City is issuing this report (Exhibit B) describing the measures taken to alleviate the conditions which led to the adoption of the Urgency Ordinance No. 922. The conditions that led to the adoption of the ordinance were listed in Ordinance No. 922 and are still present as of the date of this report.

The following is a report of the measures and actions that have been taken by the City since September 12, 2023:
- The City Council directed City staff to study options for ensuring that senior mobilehome parks within the City are preserved in accordance with the various General Plan goals and policies cited in the urgency ordinance.
- Based on Council direction, City staff have met with the mobilehome park owner to better understand the issues; and on September 26, City Council approved additional staff resources for the remainder of the current fiscal year to work on this unexpected project;

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and staff are currently developing proposed amendments to the City’s Zoning Code to preserve existing senior mobilehome parks.

Prior to any extension of the interim urgency ordinance beyond the initial 45 day interim urgency ordinance period, staff will bring the matter back to City Council to recommend conducting a noticed public hearing in accordance with California Government Code Section 65090.

Financial Considerations
There are no financial considerations at this time.

Attachments:

Exhibit A - Ordinance 922 (PDF)
Exhibit B - Report from City Council on Measures Taken to Alleviate Conditions Leading to Adoption of Interim Urgency Ordinance (DOCX)

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Attachment: Exhibit A - Ordinance 922 (MHP Urgency Ordiance Report to City Council)

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Attachment: Exhibit A - Ordinance 922 (MHP Urgency Ordiance Report to City Council)

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Attachment: Exhibit A - Ordinance 922 (MHP Urgency Ordiance Report to City Council)

EXHIBIT B
Report from City Council on Measures Taken to Alleviate Conditions Leading to Adoption of Interim Urgency Ordinance No. 922 Preserving Senior Mobile Home Parks Pursuant to California Government Code Section 65858(d), the City is issuing this report describing the measures taken to alleviate the conditions which led to the adoption of the Urgency Ordinance No. 922. The conditions that led to the adoption of the ordinance were listed in Ordinance No. 922 and are still present as of the date of this report.

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Attachment: Exhibit B - Report from City Council on Measures Taken to Alleviate Conditions Leading to Adoption of Interim Urgency Ordinance 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: October 10, 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 CouncilOctober 10, 2023

Cotati City Council
October 10, 2023