Agenda packet — Cotati City Council, November 28, 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, November 28, 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 or to receive the City Council agenda by e-mail, 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: https://cotaticity.primegov.com/public/portal

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/87400246674?pwd=ZjNtTDF6cmhYdjYvZnlVMmxkeTBOdz09 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: 874 0024 6674 Passcode: 394418
+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 Avenue, Cotati, California, during the City’s posted business hours.

Disabled Accommodation: 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 (707) 665-3622 at least 48 hours in advance of the meeting.

Rules of Decorum: To avoid distraction, the following meeting etiquette shall be enforced.

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• 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 2023-01 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 2023-01: City Council Rules. This policy available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, 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 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 City Clerk in preparing the City Council meeting minutes.

1. CALL TO ORDER

2. ROLL CALL

3. LAND ACKNOWLEDGEMENT
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. 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.

4. PLEDGE OF ALLEGIANCE

5. 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 - NOV 14, 2023 6:00 PM

6. 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.

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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 homepage.

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

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 2023-01, comments of any member of the public are normally restricted to a total of three (3) minutes in length per person for matters not on the agenda and a total of three (3) minutes per person in length for any and all items on the Consent Calendar. The Mayor may extend the time limit for a reasonable time where a disability accommodation has been requested. To facilitate public comment, the Clerk will alert speakers when there are thirty seconds remaining.

9. CONSENT CALENDAR (ACTION)
A. 2023 AGRICULTURAL COMMUNITY EVENTS FARMERS MARKETS DOWNTOWN

SHOP AND STROLL HOLIDAY EVENT
It is recommended that the City Council adopt a resolution approving the 2023 Agricultural Community Events Farmers Markets Downtown Shop and Stroll Holiday Event in Downtown Cotati.

B. AGREEMENT WITH LANDCARE USA TO RESTORE THE LA PLAZA

DEMONSTRATION GARDEN
It is recommended the City of Cotati City Council approve by motion a standard services agreement with LandCare USA for restoring the Demonstration Garden Landscaping.

10. DIRECTION ON FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. CONSIDERATION, FIRST READING AND INTRODUCTION OF AN ORDINANCE

ESTABLISHING THE SENIOR MOBILEHOME PARK OVERLAY ZONE BY AMENDING TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE, AND DESIGNATING THE PROPERTY AT 425 W. SIERRA AVENUE WITH THE SENIOR

MOBILEHOME PARK OVERLAY DESIGNATION
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It is recommended by the Community Development Department and the Planning Commission that the City Council hold a public hearing and introduce and conduct the first reading of an ordinance amending the Mobilehome Park (MHP) Overlay Zone, establishing the Senior Mobilehome Park Overlay Zone by amending Sections 17.20.020, 17.28.030, and 17.90.020 of Title 17 (Land Use) of the Cotati Municipal Code, and amending the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Assessor’s Parcel Number 144-340- 014, with the Senior Mobilehome Zone Designation.

12. REGULAR AGENDA (ACTION)
A. RATIFICATION OF NOMINEE FOR APPOINTMENT TO THE MEASURE S

CITIZEN OVERSIGHT COMMITTEE
It is recommended that the City Council adopt a motion to ratify Councilmember River’s nominee for appointment to the Measure S Citizen Oversight Committee.

B. AGREEMENT FOR AN INTERIM POLICE CHIEF
It is recommended that the City Council adopt a resolution ratifying the City Manager’s appointment of Hank Schreeder, a Retired Annuitant, as Interim Police Chief.

C. OUTDOOR EQUITY GRANTS PROGRAM APPLICATION
It is recommended that the City Council adopt a resolution endorsing the City of Cotati’s application for the Outdoor Equity Program Grant funds.

13. CITY MANAGER'S REPORT

14. CITY COUNCIL MEMBER REPORTS

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

16. CLOSED SESSION
A CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
(GOVERNMENT CODE SECTION 54956.9(D)(4).) 1 CASE

17. REPORT OUT OF CLOSED SESSION

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

19. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City’s website, bulletin boards of City Hall, Veterans’ Memorial Building and the SMART Train Depot, on or before November 24, 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, November 14, 2023
6:00 PM REGULAR MEETING

1. CALL TO ORDER
Mayor Harvey called the meeting to order at 6:15pm.

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 Manager Damien O’Bid, Assistant City Attorney Ali Wolf, Deputy City Clerk Kevin Patterson, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Director of Public Works/City Engineer Craig Scott, Police Chief Michael Parish

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 – OCT 24, 2023 6:00 PM RESULT: Approve [5 TO 0]
MOVER: Sylvia Lemus, Councilmember
SECONDER: Ben Ford, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None

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 Packet Page 5 of 111
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.

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 homepage.

OVERSIGHT COMMITTEE
RESULT: Approve [5 TO 0]
MOVER: Syliva Lemus, Councilmember
SECONDER: Kay Rivers, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None
Councilmember Lemus requested to move item 11A to immediately follow item 5. Mayor Harvey requested concurrence of the City Council, which approved the change to the agenda.

Presentation by City Manager Damien O’Bid.

Councilmembers comment.

Public comment:

Carmen Garcia of Cotati
Council ratified Councilmember Lemus’ nomination of Carmen Garcia to the Measure S Citizen Oversight Committee.

6. PRESENTATIONS
A. PRESENTATION ON THE PROPOSED FIRE SERVICES SALE TAX MEASURE Presentation by Jeff Schach, Petaluma Fire Chief, representing the Sonoma County Fire Chiefs Association.

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Councilmembers comment.

Public Comment:

Michael Hiltser
Laurie Alderman of Cotati

7. APPROVAL OF FINAL AGENDA (ACTION)
No public comment.

9. CONSENT CALENDAR (ACTION)
A. COTATI POLICE OFFICER'S ASSOCIATION (CPOA) SIDE LETTER TO ADD THE

RECORDS-ANALYST POSITION
B. ACCEPTANCE OF IMPROVEMENTS FOR THE COMMUNITY CENTER WINDOW

REPLACEMENT PROJECT
C. ACCEPTANCE OF THE 2023 PAVEMENT REHABILITATION PROJECT RESULT: Adopt [5 TO 0]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None

10. DIRECTION OF FUTURE AGENDA ITEMS
Councilmember Rivers requested future agenda items on citizen police oversight, a library in Cotati, and term limits for Councilmembers.

11. REGULAR AGENDA (ACTION)
B. FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2023/24 INCLUDING

UPDATE ON CASH AND ACTIVELY MANAGED INVESTMENTS
Presentation by Director of Administrative Services Angela Courter.

Councilmembers comment.

Public comment:

Laurie Alderman of Cotati
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C. RESOLUTION TO APPROVE AN MOU FOR SHARED ANIMAL LICENSING

SERVICES USING DOCUPET
RESULT: Adopt [5 TO 0]
MOVER: Ben Ford, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None
Presentation by Director of Administrative Services Angela Courter.

Councilmembers comment.

No public comment.

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

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

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

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

16. ADJOURNMENT
Mayor Harvey adjourned the meeting at 8:02pm.
/s/ Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: 2023 Agricultural Community Events Farmers Markets Downtown Shop and Stroll Holiday Event
Date: November 28, 2023
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council adopt a resolution approving the 2023 Agricultural Community Events Farmers Markets Downtown Shop and Stroll Holiday Event in Downtown Cotati.

Background
Agricultural Community Events Farmers Markets is a 501(c)(5) non-profit company which operates a number of farmers’ markets in the region. It currently operates markets in Santa Rosa, Marinwood, Glen Ellen, Rohnert Park, Petaluma, Downtown Novato, Fairfax, and has been operating the market here in Cotati for the past ten years. They have also been operating the Cotati Downtown Shop and Stroll event since 2017, which has grown in success over the years and become a local tradition among the community. Agricultural Community Events Farmers Markets has proposed this year’s Shop & Stroll event format to be very similar to that of past years and will host many of the same vendors. A full description of event operations and a map of activities are attached to the resolution as Exhibit B. This year’s proposed event will be on Saturday, December 2, 2023.

Analysis/Discussion
As requested and approved in prior years, Agricultural Community Events Farmers Markets has again requested a street closure of Old Redwood Highway from East Cotati Avenue to Charles Packet Page 9 of 111
and Henry Street and the closure of the two side streets of La Plaza between East Cotati Avenue and West Sierra Avenue. It is not expected that this will significantly impact traffic, as both Charles and Henry remain open for residents and businesses, and regional traffic diversion continues as in previous years with the closure of Old Redwood Highway.

The event in downtown Cotati on Old Redwood Highway will be free of charge to enter and is family friendly, taking place from 11:00 am until 5:00 pm. Street closures have been requested from 7:30 am- 6:30 pm to allow for setup and cleanup. The event will include amplified music, vendors selling goods, food, and beverages (including sales of beer and wine from current Cotati businesses with ABC compliant establishments), as well as visits with Santa and a petting zoo.

The prior years’ event received positive reviews from the downtown businesses that City staff spoke with.

Exhibits attached to the resolution describe the street closures and parking restrictions necessary to allow for the orderly movement of vehicle and pedestrian traffic during street closures. City staff will place the no parking signage along Old Redwood Highway the morning of the event. The street closure signage will also be placed by the City’s Public Works Department on the day of the event.

Agricultural Community Events Farmers Markets has reviewed the insurance requirements and has indicated that they can provide adequate insurance. A Condition of Approval has been included which requires proof of insurance be supplied to the City before the event.

Financial Considerations
Agricultural Community Events Farmers Markets has requested fee waivers and City support of staff time. In accordance to the Park Use and Special Event Policy regarding fee waiver requests, staff recommends that these costs be partially waived by 50%, as this event is a free community event offered by a non-profit organization, is a significant annual event, and will increase the number of visitors to the City. The event would provide increased opportunity to promote economic development and increase sales tax revenue. Financial considerations for the City would be a 50% waiver of $2011.00 in special event permit and street closure fees and absorption of 50% of $1092 in staff costs. The staff costs would be for Public Works. The total cost of fee waivers and staff time for this event is $1551.50.

Street Closure Fee: $1829 (reduced to $914.50)
Special Event Permit Fee: $182 (reduced to $91)
Staff Time - 6 hours, estimated cost $1092 (reduced to $546) The total cost of the waivers and staff time ($1551.50), if approved, will be from the City Councils’ contributions fund (Department 10).

A refundable deposit of $500 will also be collected prior to the event.

Environmental Issues
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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.
2023 AGRICULTURAL COMMUNITY EVENTS FARMERS MARKETS

DOWNTOWN SHOP AND STOLL HOLIDAY EVENT RESOLUTION
WHEREAS, Agricultural Community Events Farmers Markets submitted applications to the City for the Downtown Shop and Stroll Holiday event on September 9, 2023; 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 the Exhibits attached, to facilitate this event and improve pedestrian safety; 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 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 these events are part of a comprehensive economic development strategy in that they increase visitation to the City, promote the Cotati community and result in increased sales tax revenues; and WHEREAS, the City Council approves the waived staff costs, permit fees and street closure fees of an amount not to exceed $1,551.50 as funded by the City Council contributions account within the General Fund; 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 these events; 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 Downtown Shop and Stroll 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:

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

2. The City Council hereby approves for a portion of the special event permit and street closure fees and staff time associated with road closures to be funded from the City Council contributions fund.

3. The temporary closure of portions of Old Redwood Highway from La Plaza to Page Street on December 2, 2023, between 7:30am and 6:30pm, is hereby approved.

4. Amplified music, the sales of goods, food, and beverages, and other Downtown Shop and Stroll activities as described in the accompanying staff report, is hereby approved.

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

6. This Resolution shall become effective immediately.

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

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on November 28, 2023 by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
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Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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“EXHIBIT A”

CONDITIONS OF APPROVAL
Agricultural Community Events Cotati Shop and Stroll Event 2023

1. The applicant shall provide the City with evidence of the proper insurance 30 days prior to the event.

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

3. The applicant shall ensure the public facilities (public spaces, parking spaces, and streets) are cleaned and returned to pre-event condition by 6:30 pm on the night of the event. This includes the removal of any chalk or tape used to mark vendor spaces. Spray paint and drilling of holes in any concrete or asphalt roadway or sidewalk area is strictly prohibited.

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

5. The applicant shall provide evidence of the proper Department of Alcoholic Beverage Control (ABC) license as well as evidence of server training. The City authorizes the sale and consumption of beer and wine only.

6. The applicant shall provide the City with a map of the event no later than 7 days prior to each event date.

7. The applicant shall obtain the required permits and follow all regulations from the Sonoma County Environmental Health Department, and shall ensure each food vendor complies with Health Department requirements.

8. Applicant shall notify all neighboring businesses and residents of the event and street closures, no later than 14 days prior to each event date.

9. The applicant shall ensure that all vendors follow Cotati Municipal Code 8.20.030 (Prohibited food service ware and products), which bans the selling or serving of food ware that contains polystyrene foam or PFAS.

10. The applicant shall contact the Rancho Adobe Fire Protection District and comply with any permit requirements of the District.

11. The applicant shall comply with all local, state, and federal laws regarding trash, recycling, and composting collection and sorting.

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12. The organizer shall prominently feature the City of Cotati as an event sponsor on all advertising and marketing materials.

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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: Agreement with LandCare USA to restore the La Plaza Demonstration Garden
Date: November 28, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council approve by motion a standard services agreement with LandCare USA for restoring the Demonstration Garden Landscaping.

Background
The Demonstration Garden was originally constructed in 2009 as a water-efficient garden. It demonstrates different conservation techniques and earthwork methods. It is also home to California native plants as well as butterflies.

Analysis/Discussion
The City has solicited bids for the landscaping work from PJM and LandCare USA. Landcare USA was the apparent low bidder at $35,000 and PJM’s proposal came in at $42,770. City Staff has reviewed the quotes for landscape services and find them to be fair and reasonable and recommend approval.

Since installation in 2009, the landscapes have only received routine maintenance, including removal of dead plants. The irrigation system is no longer working effectively as emitters have popped off and plants have pinched the irrigation tubing. The proposed landscape remediation work will scrape off the mulch and repair the flexible irrigation tubing. Established and healthy plants will remain. The work will then include remediating the soil, installing new plants in the gaps, repairing irrigation piping, and adding mulch. The new plants being installed are from the original design (attached). The contractor will then work with the City Public Works staff to Packet Page 20 of 111
schedule the irrigation controller.

Financial Considerations
The City’s Fiscal Year 23/24 adopted budget includes $35,000 for remediation of street landscaping. The LandCare USA contract is equal to the budgeted amount and no appropriation of funds is being requested.

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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Iris douglasiana
5 - 1 Gal
Iris douglasiana
5 - 1 Gal
Iris douglasiana
5 - 1 Gal
Iris douglasiana
5 - 1 Gal
Arctostaphylos ‘uva ursi ‘
8 - 1 Gal
Sidalcea malviflora
22 - 1 Gal
Sidalcea malviflora
9 - 1 Gal
Sidalcea malviflora
5 - 1 Gal
Iris douglasiana
5- 1 Gal
Ceanothus gloriosis ‘Anchor Bay’
6 - 1 Gal
Arctostaphylos ‘uva ursi ‘
11 - 1 Gal
Quercus lobata
1 - 15 Gal
Ceanothus gloriosis
‘Anchor Bay’
6 - 1 Gal
Ceanothus gloriosis
‘Anchor Bay’
6 - 1 Gal
Mimulus aurantiacus
3 - 1 Gal
ES
ES
ES
ES = Eriophyllum stachaedifolium: 3 - 1 Gal
C = Ceanothus ‘Dark Star’ or ‘Julia Phelps’: 3 - 5 Gal
RS = Ribes sanguinem: 3 - 5 Gal
AD = Arctostapholos densiflora ‘Howard McMinn’ : 5 - 5 Gal SS = Salvia Sonomensis: 5 - 1 Gal
RS
AD
AD
AD
AD
AD
RS
RS
SS SS
SS
Deschampsia caespitosa
SS
SS
Epilobium canum
(Zauschneria californica)
5 - 1 Gal
Epilobium canum
(Zauschneria californica)
3 - 1 Gal
Epilobium canum
(Zauschneria californica)
3 - 5 Gal
Ceanothus gloriosis
‘Anchor Bay’
3 - 1 Gal
Mimulus aurantiacus
3 - 1 Gal
Mimulus aurantiacus
3 - 1 Gal
Festuca idahoensis
3 - 1 Gal
Festuca idahoensis
3 - 1 Gal
Festuca idahoensis
3 - 1 Gal
C
C
C
To be placed by designer:

Deschampsia caespitosa 20 - 1 Gal
Muhlenbergia rigens 20 - 1 Gal
Festuca californica 20 - 1 Gal
Designer to place Sonoma fieldstone
(double head size and single head size)
throughout garden during planting installation
Native Garden – Planting Plan – November 3, 2008
Native Garden
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boulder with plaque
PC
PC
PC
PC
PC
PC
PC
PC
Designer to place large river stones
along dry creekbed and raingarden
Achillea millifolium: 34 - 1 Gal
Carex barbarae: 20 - 1 Gal or 4” pot
Erigeron karvinskianus 41 - 1 Gal or 4”
Helianthemum apenninum ‘Wisley Pink’: 10 - 1 Gal or 4” pot Helianthemum nummularium ‘Double Apricot’: 10 - 1 Gal or 4” pot Helianthemum nummularium ‘Pumpkin’: 10 - 1 Gal or 4” pot Iris douglasiana: 25 - 1 Gal or 4” pot
Stachys bysantina: 27 - 1 Gal or 4” pot
Salvia apiana: 7 - 1 Gal
Festuca glauca: 10 - 1 Gal
Pennesetum orientale: 76 - 1 or 5 Gal
Muhlenbergia capillaris ‘Regal Mist’: 14 - 5 Gal
Calamagrostis x acutiora ‘Karl Foerster’: 7 - 1 or 5 Gal Phormium cookianum ‘Tricolor’: 7 - 5 Gal
Rain Garden – Planting Plan – November 3, 2008
Rain Garden
Packet Page 23 of 111
MA = Mahonia aquifolium: 12 - 5 Gal
RS = Ribes sanguinem: 6 - 5 Gal
RV = Ribes vibernifolium: 7 - 1 Gal
RS
MA
MA
MA
MA
RV RS

RS RS RS
RS
Polystichum munitum: 20 - 1 Gal
Phormium cookianum ‘Tricolor’: 1 - 5 Gal
Polystichum munitum: 18 - 1 Gal
Rain Garden:

Deschampsia caespitosa: 3 - 1 Gal
Iris douglasiana: 3 - 1 Gal
to be placed by designer:

Gaultheria shallon: 40 - 1 Gal
Galium odoratum: 35 - 1 Gal
Heuchera: 40 - 1 Gal
Anemone japonica: 40 - 1 Gal
Erigeron karvinskianus: 40 - 1 Gal (or 4” pot)
Aquilegia: 35 - 1 Gal (or 4” pot)
=
Designer to place Sonoma fieldstone
(double head size and single head size)
throughout garden during planting installation
Shade Garden – Planting Plan – November 3, 2008
Shade Garden
Packet Page 24 of 111
Cercis occidentalis
1 - 5 Gal
Artemesia ‘Powis Castle’
1 - 1 Gal
Artemesia ‘Powis Castle’
1 - 1 Gal
Artemesia ‘Powis Castle’
1 - 1 Gal
Artemesia ‘Powis Castle’
9 - 1 Gal
Pennisetum orientale
5 - 1 Gal
Helictotrichon sempervirens
3 - 5 Gal
Nassella tenuissima
21 - 1 Gal
Stachys byzantina
20 - 1 Gal or 4” pot
Lavandula angustifolia
5 - 1 Gal
Salvia clevelandii
4 - 1 Gal
Pennisetum orientale
10 - 1 Gal
Lavandula angustifolia
5 - 1 Gal
Cistus salvifolus
5 - 1 Gal
Helictotrichon sempervirens
3 - 5 Gal
Helictotrichon sempervirens
3 - 5 Gal
Salvia clevelandii
4 - 1 Gal
Cistus salvifolus
5 - 1 Gal
Lavandula angustifolia
4 - 1 Gal
Calamagrostis x acutiora ‘Karl Foerster’
3 - 1 Gal
Calamagrostis x acutiora ‘Karl Foerster’
3 - 1 Gal
Cistus ladanifer
3 - 1 Gal
Calamagrostis x acutiora ‘Karl Foerster’
3 - 1 Gal
Cistus salvifolius
4 - 1 Gal
Lavandula angustifolia
4 - 1 Gal
Artemesia ‘Powis Castle’
1 - 1 Gal
Lavandula angustifolia
5 - 1 Gal
Cistus salvifolus
5 - 1 Gal
Achillea millefolium ‘Moonshine’
15 - 1 Gal
Limonium perezii
3 - 1 Gal
Limonium perezii
3 - 1 Gal
Perovskia atriplicifolia
11 - 1 Gal
Festuca glauca
12 - 1 Gal
Artemesia ‘Powis Castle’
1 - 1 Gal
Artemesia ‘Powis Castle’
1 - 1 Gal
Artemesia ‘Powis Castle’
1 - 1 Gal
Cercis occidentalis
1 - 5 Gal
Cercis occidentalis
1 - 5 Gal
Artemesia ‘Powis Castle’
1 - 1 Gal
Designer to place Sonoma fieldstone
(double head size and single head size)
throughout garden during planting installation
Mediterranean Garden – Planting Plan – November 3, 2008 Mediterranean Garden
Packet Page 25 of 111
Lavandula angustifolia
19 - 1 Gal
Muhlenbergia capillaris ‘Regal Mist’
8 - 5 Gal
Albizia julibrissin
1 - 15 Gal or 24” Box
Mimosa Garden – Planting Plan – November 3, 2008
Mimosa Garden
Packet Page 26 of 111
Quercus lobata: 2 - 24” box
Nepeta reichenbachiana: 6 - 1 Gal
Achillea millefolium ‘Moonshine’: 4 - 1 Gal
Muhlenbergia capillaris ‘Regal Mist 5 - 5 gal
Eryssimum ‘Bowles Mauve’: 3 - 1 Gal
Festuca californica: 13 - 1 Gal
Festuca californica: 9 - 1 Gal
Pennisetum orientale: 7 - 1 Gal
Eryssimum ‘Bowles Mauve’ : 3 - 1 Gal Santolina rosemarinifolius: 3 - 1 Gal Santolina rosemarinifolia: 3 - 1 Gal
Santolina rosemarinifolius: 3 - 1 Gal
Nepeta reichenbachiana: 3 - 1 Gal
Lavandula angustifolia: 12 - 1 Gal Nepeta reichenbachiana: 12 - 1 Gal Eryssimum ‘Bowles Mauve’: 3 -1 Gal
Santolina chamaecyparissus: 5 - 1 Gal
Santolina rosemarinifolius: 5 - 1 Gal
Muhlenbergia capillaris ‘Regal Mist’: 6 - 5 Gal
Lavandula angustifolia: 3 - 1 Gal
Lavandula angustifolia: 3 - 1 Gal
Lavandula angustifolia: 5 - 1 Gal
Lavandula angustifolia: 7 - 1 Gal
Lavandula angustifolia: 4 - 1 Gal
Rosemarinus ocianalis ‘Tuscan Blue’: 1 - 5 Gal
Rosemarinus ocianalis ‘Tuscan Blue’: 1 - 5 Gal
Rosemarinus ocianalis ‘Tuscan Blue’: 1 - 5 Gal
Rosemarinus ocinalis ‘Tuscan Blue’: 3 - 5 Gal Santolina rosemarinifolia: 3 - 1 Gal Santolina chamaecyparissus: 3 - 1 Gal
Limonium Perezii: 6 - 1 Gal
Limonium perezii: 3 - 1 Gal
Pennesetum orientale: 7 - 1 Gal
Limonium Perezii: 3 - 1 Gal
Achillea millefolium ‘Moonshine’: 4 - 1 Gal
Iris douglasiana: 25 - 1 Gal
Cistus salvifolus: 12 - 1 Gal
AD
AD
PC
PC
PC
PC
PC
AD
AD AD
AD = Arctostapholos densiflora ‘Howard McMinn’ : 7 - 5 Gal PC = Phormium cookianum ‘Tricolor’: 5 - 5 Gal
Designer to place Sonoma fieldstone
(double head size and single head size)
throughout garden during planting installation
Epilobium canum (Zauschneria californica): 5 - 1 Gal
Epilobium canum (Zauschneria californica): 3 - 1 Gal
Santolina chamaecyparissus: 3 - 1 Gal
Santolina chamaecyparissus: 3 - 1 Gal
Epilobium canum (Zauschneria californica): 10 - 1 Gal
Helianthemum apenninum ‘Wisley Pink’: 17 - 1 Gal or 4” pot Helianthemum nummularium ‘Double Apricot’: 17 - 1 Gal or 4” pot Helianthemum nummularium ‘Pumpkin’: 17 - 1 Gal or 4” pot Oak Gardens – Planting Plan – November 3, 2008
Oak Gardens
Packet Page 27 of 111
Muhlenbergia capillaris ‘Regal Mist’
50 - 5 Gal
Lavandula angustifolia
73 - 1 Gal
Ceanothus gloriosus ‘Anchor Bay’
19 - 5 Gal
Cercis occidentalis
4 - 5 Gal
Deschampsia caespitosa
14 - 1 Gal
Border Gardens
Border Gardens – Planting Plan – November 3, 2008
Designer to place Sonoma fieldstone
(double head size and single head size)
throughout garden during planting installation
Packet Page 28 of 111
Demonstration Garden Park
Old Redwood Hwy/W. Sierra Ave./E. Cotati
Ave.

Cotati, CA 94931
(O)707.665.3620
(C)
[email protected]
Cesar Saavedra
[email protected]
CO # 3464442
October 25, 2023
Authorization for Extra Work - Demonstration Garden
LandCare hereby submits specifications and estimates for the following work:
1) Provide necessary manpower and equipment.
2) Planting pits to be admen and fertilize.
3) Hand water in the new plant installation.
4) Refresh planters with a 2'' layer of double shredded redwood mulch. 5) Tap in new irrigation shrubs into existing irrigation lines. 6) Install one dripper per plant. 1-gallon Shrub= 1-gallon dripper, 5-gallon shrub= 2-gallon dripper 7) Existing dry creek to be clean.
8) All areas disturbed will be left clean.
#1 Native Garden Includes,
· (10) 1-gallon Iris Douglasiana
· (11) 1-gallon Ceanothus gloriosus 'Anchor Bay'
· (10) 1-gallon Nepeta x Faassenii 'Blue Wonder'
· (6) 1-gallon Epilobium canum ssp. 'Canum'
· (20) 1-gallon Festuca idahoensis 'Tomales Bay'
· (5) 1-gallon Arctostaphylos uva-ursi 'Point Reyes'
#2 Rain Garden
· (8) 1-gallon Phormium cookinum 'Tricolor'
· (15) 1-gallon Carex Barbarae
· (15) 1-gallon Achillea m. 'Moonshine'
· (17) 1-gallon Iris Douglasiana
· (5) 1-gallon Calamargrotis x acutiflora 'Karl Foerster' · (15) 1-gallon Stachys Bysantina
· (20) 1-gallon Erigeron karvinsKianus
· (12) 1-gallon Pennisetum Orientale
#3 Shade Garden
· (8) 1-gallon Phormium cookinum 'Tricolor'
· (35) 1-gallon Pennisetum Orientale
· (20) 1-gallon Ceanothus gloriosus 'Anchor Bay'

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Packet Page 29 of 111
· (7) 1-gallon Anemone Japonica 'White'
· (14) 1-gallon Erigeron karvinsKianus
· (7) 1-gallon Arctostaphylos uva-ursi 'Point Reyes'
· (10) 1-gallon Epilobium canum ssp. 'Canum'
· (7) 1-gallon Ribes Sanguineum 'King Edward'
· (5) 1-gallon Salvia clevelandii
· (20) 1-gallon Iris Douglasiana
· (8) 1-gallon Carex Barbarae
#4 Mediterranean Garden
· (3) 1-gallon Artemisia 'Powis Castle'
· (9) 1-gallon Cistus salviifolius
· (13) 1-gallon Lavandula langustifolia
· (11) 1-gallon Salvia clevelandii
· (10) 1-gallon Epilobium canum ssp. 'Canum'
· (3) 1-gallon Cistus Ladanifer
· (13) 1-gallon Achillea m. 'Moonshine'
#5 Mimosa
· (10) 1-gallon Lavandula langustifolia
· (7) 1-gallon Muhlenbergia capilaris 'Regal Mist'
#6 Oak Garden
· (4) 1-gallon Phormium cookinum 'Tricolor'
· (6) 1-gallon Ceanothus gloriosus 'Anchor Bay'
· (5) 1-gallon Achillea m. 'Moonshine'
· (15) 1-gallon Pennisetum Orientale
· (10) 1-gallon Salvia clevelandii
· (10) 1-gallon Epilobium canum ssp. 'Canum'
· (15) 1-gallon Iris Douglasiana
· (2) 5-gallon Cercis occidentalis 'Pink' multi
· (9) 1-gallon Lavandula langustifolia
#7 Border Garden
· (12) 1-gallon Ceanothus gloriosus 'Anchor Bay'
· (13) 1-gallon Pennisetum Orientale
· (3) 5-gallon Cercis occidentalis 'Pink' multi
· (6) 1-gallon Achillea m. 'Moonshine'
· (12) 1-gallon Iris Douglasiana
Notes;
· Renderings do not reflect the correct quantity of plant material due to existing shrubs.

Renderings are not to scale.
· Existing Drip lines are still in good condition and will be reused, but an additional dripper

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Packet Page 30 of 111
will be added to the new shrub.
· The planters have been identified with gopher activity and an additional proposal will be provided to maintain plant material under warranty.

SubTotal $35,000.00
Tax $0.00
Total $35,000.00
Contractors' License: #1053238
Warranty:

All new woody plant material will carry a one year material and labor warranty. This warranty will be honored only if the plant material is watered, fertilized and maintained to defined standards. This warranty is limited to a one time replacement. This warranty is subject to payment of the original invoice being made within the terms of the sale and account being current. Notwithstanding anything to the contrary contained herein, LandCare shall not be liable and the warranty shall be void for or from acts or events beyond its reasonable control including, without limitation, acts of God, natural catastrophes, or unforeseen weather events.

Pricing:

Except as noted in the Proposal, all prices are valid for thirty (30) days after the date of this Proposal; provided, however,that all prices are subject to change due to seasonal growth rates, fluctuating material and/or labor prices or other unforeseen factors.

Payment Terms:

Payment terms are Due Upon Receipt. A service charge of 1.5% per month will be added to all balances not paid within thirty (30) days of invoice date. This represents an annual rate of 18%. In addition to all service charges there shall also be paid the reasonable costs of collection including attorney’s fees and court costs.

By By
Cesar Saavedra
Date 10/25/2023 Date
LandCare Demonstration Garden Park

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Packet Page 31 of 111
Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Consideration, First Reading and Introduction of an Ordinance Establishing the Senior Mobilehome Park Overlay Zone By Amending Title 17 (Land Use) of the Cotati Municipal Code, and Designating the Property at 425 W. Sierra Avenue with the Senior Mobilehome Park Overlay Designation
Date: November 28, 2023
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Community Development Department and the Planning Commission that the City Council hold a public hearing and introduce and conduct the first reading of an ordinance amending the Mobilehome Park (MHP) Overlay Zone, establishing the Senior Mobilehome Park Overlay Zone by amending Sections 17.20.020, 17.28.030, and 17.90.020 of Title 17 (Land Use) of the Cotati Municipal Code, and amending the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Assessor’s Parcel Number 144-340-014, with the Senior Mobilehome Zone Designation.

Background
Cotati has three mobilehome parks, one of which, the 35-unit Countryside Mobilehome Park, has for many years been self-identified through the property owner’s rules and street signage as a “senior” park, for occupancy by seniors only. The park has been allowed to self-identify as a seniors-only park due to an exemption provided by the Housing of Older Persons Act of 1995, which exempts “senior housing communities and facilities” from the 1968 federal Fair Housing Act’s prohibition against familial status discrimination. To qualify for this “senior exemption,” a senior housing community must:

1. Have at least 80% of the units be occupied by at least one person who is 55 years of age or older;
Packet Page 32 of 111

2. Publish and adhere to policies and procedures that demonstrate the intent to operate as “55 or older” housing; and

3. Comply with regulatory requirements for age verification of residents.

In keeping with Countryside MHP’s self-identified status as a senior park under this senior exemption, the majority of the residents are in their 60s, 70s, or 80s. Many of the residents have lived in the park for years.

In July 2023, the property owner of Countryside MHP initiated a process to change the park rules to convert the park from senior-only to all-ages. This process is regulated by California Civil Code 798.25(b), which stipulates that a “meeting and consultation” occur prior to mobilehome park rule changes, and that park rules may go into effect six months thereafter. The property owner notified Countryside MHP residents on July 26 that a meeting to consult on the rule changes would take place on August 10, 2023. This meeting was held, and although the residents are generally opposed to the proposal to convert to an all-ages park, the proposed change would take effect on February 6, 2024, barring any action to prevent it.

In August 2023, the president of the Countryside MHP residents’ association and a number of other Countryside MHP residents reached out to the City for assistance in preventing the park conversion. A key concern is loss of affordability and displacement due to increased rents, as an all-ages park might attract households with multiple income earners that can afford a higher space rent than fixed-income seniors. Another major concern is that the character of the park would change fundamentally with conversion to an all-ages park, contrary to residents’ expectations based on the long-standing senior-only nature of the park, and that this change would result in a loss of peace, quiet, and the sense of community that the residents have developed with their neighbors.

In response to the Countryside MHP residents’ request, the City Council directed staff to prepare an urgency ordinance prohibiting the conversion of senior mobilehome parks for 45 days, which was approved and went into effect on September 12, 2023 (see Attachment 1 for staff report).

The Council approved a 22.5-month extension of the conversion moratorium ordinance on October 24. The Council also directed staff to explore methods to codify preservation of Countryside MHP as a senior park.

Staff have identified a Senior Mobilehome Park Overlay Zone as the appropriate mechanism to preserve the senior-only status of Countryside MHP, and have prepared an ordinance to that effect for the City Council’s consideration. Overlay zones are a land use tool intended to provide guidance for development in addition to the standards and regulations of the primary, underlying zoning that is applied to a given property.

On October 17, the City hosted a community meeting for residents of Countryside MHP to discuss the potential overlay zone and to receive input. The meeting was attended by at least 24 park residents, who overwhelmingly expressed support for the proposed overlay zone and gratitude for the City’s attention to this matter.

On October 24, City staff visited Countryside MHP and spoke with a number of residents who Packet Page 33 of 111
were unable to attend the October 17 meeting, and again received unanimous support for the proposed overlay zone.

Analysis/Discussion
As a land use, mobilehome parks in Cotati are already protected from conversion to other uses by the existing Mobilehome Park (MHP) Overlay Zone in the City’s Land Use Code. The MHP overlay can be placed on any residentially-zoned property, although it is currently only applied to the three existing mobilehome parks in Cotati (Countryside as well as Sierra and Ramble Creek, which are both all-ages). CMC Section 17.28.030C states that “A mobilehome park is the only land use type . . . that may be allowed on a site designated with the MHP overlay.” Therefore, conversion of an existing mobilehome park to another use, even another residential use, would require an amendment of the Land Use Code.

However, while mobilehome parks in general are “protected” by the City’s Code, this protection does not currently extend to any limitations based on occupant age—but this can be changed. A number of cities throughout California, seeking to preserve their existing self-identified senior mobilehome parks, have adopted senior mobilehome park overlay zones that specifically prohibit conversion to all-age parks, based on the senior exemption in the Housing of Older Persons Act when at least 80% of units are occupied by at least one person age 55 or older.

This approach has been legally tested. In 2009, the City of Yucaipa adopted such an overlay zone to preserve the senior-only status of its 22 mobilehome parks, and was subsequently sued by park property owners. In 2012, the Ninth Circuit court ruled in favor of the City of Yucaipa, holding that the City’s ordinance did not violate federal law due to the senior exemption. This court decision is consistent with a California Attorney General Opinion that was issued in 2004. Many other jurisdictions in California have adopted very similar ordinances, including the City of Petaluma last month.

The ordinance before the City Council is modeled after the successful City of Yucaipa ordinance and others, and would do the following:

1. Amend the existing MHP Overlay Zone in the Land Use Code to establish the Senior Mobilehome Park Overlay Zone (“MHP-S”), which would require that 100% of the units in a mobilehome park in that overlay be occupied by at least one person age 55 or older. • This is in keeping with Countryside’s own long-time rules, and with the federal senior exemption that is allowed when at least 80% of the units are occupied by at least one person age 55 or older. The 80% standard is a minimum, not a maximum, and it is allowable under federal law for a local jurisdiction to set a higher standard. • The requirement that only one person age 55 or older occupy each unit would allow senior residents to have a live-in caregiver of any age.

2. Apply the MHP-S Overlay to 425 W. Sierra Avenue, the 4.73-acre property on which Countryside MHP is located.
• Any units in the Countryside MHP which are not currently compliant with the proposed age restriction would be considered “legally nonconforming” and the Packet Page 34 of 111
residents would not be displaced. When such units become vacant, they would need to be occupied such that they are in compliance with the ordinance’s age restriction. • Should other senior mobilehome parks be developed in Cotati in the future, the overlay could be applied to those properties as well. Development of a mobilehome park requires Use Permit approval.

3. Require that park owners conduct annual age verification of occupants to ensure compliance with the MHP-S Overlay Zone, along with submittal of age verification documentation and a certification of compliance to the City. • Failure to comply with the standards of the MHP-S Overlay Zone would be considered a Code violation and would enforceable by the remedies provided within the Code.
• Codification of the occupant age requirement will allow occupants of senior mobilehome parks in the MHP-S Overlay Zone to pursue legal action against park owners and operators in the case of violations.

It should be noted that the Housing of Older Persons Act also allows a category of senior exemption in which 100% of the units are occupied by at least one person age 62 or older.

However, Yucaipa and the other jurisdictions that have adopted senior mobilehome park overlay zones have opted to codify an age minimum of 55 years. This standard allows some flexibility for mobilehome park property owners as well as residents. Also, in the case of Countryside MHP, the 55+ age requirement is also reflective of the park’s existing rules, which means that the proposed ordinance maintains the status quo and is legally supportable.

The parcel on which Countryside MHP is located includes one single-family house that is not a mobilehome, is not located on a mobilehome lot, and has not been included in the senior-only park community by the property owner, and thus will not be subject to the senior-only requirements of the overlay zone.

The primary zoning of the property on which Countryside MHP is located is Neighborhood, Medium Density (NM). Based on the allowable NM density range of 8-10 dwelling units/acre, it is possible that additional units could be added to the property, as long as all other applicable NM district development standards such as setbacks and lot coverage could be met. Any units added would need to be mobilehomes (in keeping with the existing MHP Overlay) and would require City review and Design Review approval. The adoption of the MHP-S Overlay Zone does not impact the underlying NM zoning or the application of its standards.

General Plan Consistency
The proposed Senior Mobilehome Park Overlay Zone will further established goals, policies, and implementation programs of the General Plan, including the 2023-2031 Housing Element, to expand housing opportunities for seniors and preserve mobilehome parks.

Specifically, these amendments are consistent with and implement the following General Plan Housing Element policies and programs:

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Goal H-1: Resilient & Safe Housing: Conserve and improve the existing housing stock to provide adequate, safe, and decent housing for all Cotati residents.

Policy H-1.1: Encourage housing rehabilitation and preservation to assist in the health, affordability, and vibrancy of neighborhoods.

Policy H-1.6: Encourage the preservation and maintenance of mobile home parks.

Goal H-3: Affordable, Attainable & Accessible Housing: Expand affordable housing opportunities for lower income households and persons with special housing needs, including seniors, disabled Persons, Developmentally Disabled Persons, and Homeless Persons and Families
Goal H-4: Affirmatively Furthering Fair Housing: Promote Housing Opportunities for All Persons Regardless of Race, Gender, Age, Marital Status, Ancestry, National Origin, Color, or Sexual Orientation
In addition, the General Plan land use designation for 425 W. Sierra Avenue, the property on which Countryside Mobile Home Park is located, is Medium Density Residential, which is consistent with the current land use and density on the property. The proposed MHP-S overlay will not impact the implementation of the land use designation.

Planning Commission Review and Recommendation
The Cotati Planning Commission held a public hearing and discussed the proposed MHP-S Overlay Zone Ordinance at its November 6, 2023 meeting. The Commission voted unanimously to adopt a resolution recommending that the City Council adopt the Ordinance.

Financial Considerations
With the exception of the staff time needed to create the Ordinance, there are no direct financial impacts to the general fund associated with the creation of the Ordinance. However, there may be future costs and staff time associated with enforcement of the ordinance, if necessary.

Environmental Issues
The proposed overlay zone ordinance is exempt from the California Environmental Quality Act as it qualifies for the categorical exemption for existing facilities in Section 15301, the categorical exemption for minor alterations in Section 15305, and the commonsense exemption in Section 15061(b)(3). In addition, the proposed ordinance is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11), the Mitigated Negative Declaration certified for the 2023-2031 Housing Element (SCH # 2013082037) adopted and certified on June 2, 2023; that this ordinance is consistent with and implements the City’s adopted General Plan, including the 2023-2031 Housing Element and no new environmental impacts peculiar to the project site(s) have been realized or identified, therefore no additional environmental analysis is Packet Page 36 of 111
required under CEQA Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.

Packet Page 37 of 111
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI AMENDING

THE MOBILEHOME PARK OVERLAY ZONE, ESTABLISHING THE SENIOR MOBILEHOME PARK OVERLAY ZONE BY AMENDING SECTIONS 17.20.020,

17.28.030, AND 17.90.020 OF TITLE 17 (LAND USE) OF THE COTATI MUNICIPAL CODE, AND AMENDING THE CITY OF COTATI’S ZONING MAP TO DESIGNATE THE PROPERTY LOCATED AT 425 W. SIERRA AVENUE, COTATI, ASSESSOR’S PARCEL NUMBER 144-340-014, WITH THE SENIOR MOBILEHOME PARK (MHP-S)

OVERLAY ZONE
WHEREAS, on May 24, 2023, the Cotati City Council adopted the 2023-2031 Housing Element Update to the General Plan (“Housing Element”), which includes goals and policies related to housing, including preservation of mobilehome parks and expansion of housing opportunities for seniors; and
WHEREAS, as described in the Housing Element, Cotati’s population increased 4.4% between 2010 and 2020, compared to the population of Sonoma County as a whole, which increased only 1% between 2010 and 2020, and this growth may increase housing demand in Cotati; and
WHEREAS, seniors comprise a significant and growing portion of Cotati’s population.

According to the Housing Element, senior households make up 22.3% of the total households in Cotati. In addition, senior individuals (age 65 and above) made up 13.1% of Cotati’s total population in 2019, and the senior population has increased by approximately 36.3% since 2013, compared to a 2.1% rate of increase for Cotati’s population overall. From 2013 to 2019, the 85 years and older age group increased by 193%, and the 65 to 74 age group increased by 56.9%. In addition, as of 2019, 9.9% of Cotati’s population is in the 55-64 age group; and WHEREAS, according to the Association of Bay Area Governments’ Plan Bay Area 2050 Regional Growth Forecast, the Bay Area’s population in the 65+ age group is anticipated to grow in the decades ahead, more than doubling between 2015 and 2050, from 14% of the total population to 23%; and
WHEREAS, there are a considerable number of households (1,042, or 36.7%) in Cotati with incomes at the “lower” level (80% of AMI or less) as of 2019, according to the Housing Element, and in 2017 there were 1,113 households (39%) cost-burdened by high housing costs relative to income. In addition, the Housing Element reports that in April 2022, the median home Packet Page 38 of 111
value in Cotati hit a new peak of $753,319. Furthermore, according to research from the University of California, Berkeley, 54.2% of households in Cotati live in neighborhoods that are susceptible to or experiencing displacement; and
WHEREAS, mobilehome parks constitute a significant portion of Cotati’s affordable housing stock, and a significant number of mobilehome park residents in Cotati are senior citizens with fixed incomes, qualifying as very-low or low-income individuals according to criteria established by the California Department of Housing and Community Development; and WHEREAS, the City of Cotati has recognized the importance of mobilehome parks to the supply and affordability of Cotati’s housing stock, having previously codified the following in the Cotati Municipal Code: The Mobilehome Park Zoning Overlay (Section 17.28.030), which preserves mobilehome parks as an exclusive use in the properties within the overlay zone; Chapter

17.46 Conversion of Mobilehome Park to Other Uses, which controls and limits property owner conversion of mobilehome parks to other uses; and Chapter 19.14 Mobilehome Park Space Rent Stabilization, which controls rent increases; and
WHEREAS, certain senior mobilehome parks in Cotati are faced with the threat of conversion to all-age mobilehome parks, which would allow mobilehomes to be occupied by persons of any age, regardless of whether at least one person aged fifty-five or older (55+) resides in and is a tenant in the mobilehome, and such conversions to non-senior housing would result in the loss of existing predominantly senior mobilehome housing, which tends to be more affordable than all-age mobilehome housing, which will have detrimental impacts on the seniors of this community, including threats to health, safety, and welfare; and WHEREAS, in contrast to other senior housing opportunities in Cotati, mobilehome parks afford seniors with independence and the ability to live in their own homes rather than in rental apartments or other higher density housing; and
WHEREAS, seniors in mobilehome parks have deliberately chosen to reside in senior communities to enjoy a quieter and more age-appropriate living environment, and the decision to purchase a mobilehome in a senior mobilehome park was often based on the understanding that these mobilehome parks would only accept applications for a new tenancy that include at least one person fifty-five years of age or older (55+) who will reside and be a tenant in the mobilehome.

The addition of families and children might increase noise and activity levels within the mobilehome park, which could be disruptive to senior residents who value peace and quiet, thereby affecting their overall wellbeing. Furthermore, senior mobilehome parks often develop a closeknit and supportive community of residents who share similar interests and lifestyles, and introducing a more diverse age group could alter the social atmosphere and dynamics of the community, potentially impacting the sense of belonging and camaraderie among existing senior residents. In addition, some seniors may have chosen to live in a senior mobilehome park because Packet Page 39 of 111
of health-related reasons and the stress or disruption caused by the conversion to an all-age mobilehome park could potentially impact their health and wellbeing; and WHEREAS, households in all-age mobilehome parks are more likely to have two or more income earners participating in household finances, whereas senior residents are more likely to be on fixed incomes and/or have fewer income earners, and therefore converting senior mobilehome parks to all-age parks might lead to increased rents, which might lead to loss of housing that is affordable and available to seniors; and
WHEREAS, the City recognizes the importance of respecting the preferences and expectations of its senior residents and preserving the unique character and ambiance of senior mobilehome parks that have been specifically designed to cater to the needs and desires of seniors seeking a quiet and supportive community; and
WHEREAS, the potential conversion of senior mobilehome parks to all-age mobilehome parks, contrary to previous representations and agreements on which residents of seniors mobilehome parks have relied when entering into their leases, poses a significant threat to the rights and expectations of senior residents who have invested in their homes and chosen these senior communities as their places of residence; and
WHEREAS, the mobilehome park residents’ reliance on the representations made by mobilehome park management and owners in the leases, rental agreements, and park rules underscores the importance of maintaining the integrity of these agreements to ensure that senior residents are not unfairly forced to uproot their lives and homes; and WHEREAS, the use of Civil Code Section 798.25 by mobilehome park owners and operators to convert senior mobilehome parks without the consent and despite the objections of senior residents undermines the protections afforded to seniors that have existing leases in the selfdesignated senior mobilehome parks; and WHEREAS, it is essential to recognize the unique needs and vulnerabilities of seniors and to ensure that they are not subject to housing instability, unsustainable financial burdens, or emotional distress due to changes in park regulations; and WHEREAS, the lack of available affordable housing options for seniors in Cotati and surrounding areas may cause financial hardship and force seniors to relocate to other cities or states, separating them from their established communities, support networks, and medical care providers and facilities, or may lead to increased homelessness; and WHEREAS, preserving the limited supply of senior mobilehome parks in Cotati is essential to ensure that seniors can continue to age in place and maintain a sense of stability and belonging in their retirement years; and
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WHEREAS, according to a 2021 American Association of Retired Persons survey, more than ninety-seven percent (97%) of persons ages fifty (50) and older would prefer to stay in their current residence as long as possible; and
WHEREAS, it is in the best interest of the City of Cotati to protect the rights and quality of life of its senior residents, recognizing their contributions to the community and the importance of meeting their unique housing needs; and
WHEREAS, the California Mobilehome Park Residency Law, the California Fair Employment and Housing Act, and the Federal Fair Housing Act each recognize the need for and value of senior housing by expressly exempting facilities that qualify as housing for older persons, including facilities in which at least 80% of the occupied units are occupied by at least one person who is fifty-five (55) years of age or older, from the prohibition on discrimination based on familial status; and
WHEREAS, the Housing for Older Persons Act amendments to the federal Fair Housing Act, 47 U.S.C. Section 3607(b), and the provisions of the implementing regulations set forth in the Code of Federal Regulations (24 CFR 100.304(b)(4)), the Appendix thereto (64 Fed. Reg. 16331), and 24 CFR 100.305, provide that a senior housing facility or community includes a municipallyzoned area and that an area zoned by a unit of local government as senior housing satisfies the intent requirement of the housing facility or community for older persons housing exemption from the provisions of the Fair Housing Act prohibiting discrimination based on familial status, and as further established by the Ninth Circuit Court of Appeals in its holding in Putnam Family Partnership v. City of Yucaipa, 673 F.3d 920 (9th Cir. 2012); and WHEREAS, the California Mobilehome Park Residency Law, the California Fair Employment and Housing Act, and the Federal Fair Housing Act permit local regulation of mobilehome park housing to provide “housing for older persons” to include housing that requires at least 80% of the occupied units be occupied by at least one person who is fifty-five (55) years of age or older; and
WHEREAS, the California Unruh Civil Rights Acts (California Civil Code Section 51 et seq.) allows establishment of mobilehome housing that is age-restricted where such restrictions are consistent with the Federal Fair Housing Act and its subsequent amendments and existing implementing regulations; and
WHEREAS, at a regular City Council meeting on September 12, 2023, the City Council adopted Interim Urgency Ordinance No. 922 imposing a moratorium on the conversion of any mobilehome park currently existing in the City from a park occupied primarily or exclusively by residents 55 years of age or older into all-age mobilehome parks for 45 days from that date, and directed staff to prepare a Senior Mobilehome Park Overlay Zone ordinance for the Council’s consideration, which would create a senior mobilehome park overlay zone in Title 17, Land Use, of the Cotati Municipal Code; and
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WHEREAS, at a regular City Council meeting on October 24, 2023, the City Council adopted an extension to Interim Urgency Ordinance No. 922 of September 12, 2023 for a period of twenty-two months and fifteen days; and
WHEREAS, the City Council intends that this Ordinance to establish the Senior Mobilehome Park Overlay Zone be consistent with, comply with, and implement the Federal Fair Housing Act as amended by the Housing for Older Persons Act and the California statutes providing housing for older persons exemptions from statutes prohibiting restrictions in housing based on familial status; and
WHEREAS, this Ordinance codifies the City Council’s intent to provide “housing for older persons,” consistent with the Housing for Older Person Act amendments to the Federal Fair Housing Act 42 U.S.C. Section 3607(b) and the provisions for implementation set forth in the Code of Regulations (24 CFR Section 100.304(b)(4)), the Appendix thereto (64 Fed. Reg. 16331), and 24 CFR 100.305, which provide that a permissible senior housing facility or community includes a municipally-zoned area, and which zone, when established, satisfies the “intent” requirement of the “housing for older persons” exemption from the provisions of the Fair Housing Act prohibiting discrimination based on familial status; and WHEREAS, this Ordinance is necessary to provide for the public safety, convenience, and general welfare of the residents of the City of Cotati. The amendment to Title 17 (Land Use) of the Cotati Municipal Code, enacted by this Ordinance, is necessary to mitigate the unregulated effects of the conversion of senior mobilehome parks to all-age mobilehome parks, the potential shrinking of inventory of existing quality housing which is affordable to seniors, and to prevent inconsistency with the Housing Element and with the 2015 General Plan adopted by the City of Cotati (“General Plan"); and
WHEREAS, one of the purposes of Title 17 of the Cotati Municipal Code is to ensure that the General Plan may be implemented, and adoption of changes to the Cotati Land Use Code are necessary to implement the General Plan with regard to its goals; and WHEREAS, one of the purposes of the Cotati Municipal Code is to codify which land uses are allowed and set the standards for said land uses in order to preserve the quality of life in Cotati; and
WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, on November 6, 2023, the Planning Commission of the City of Cotati held a duly noticed public hearing to review the proposed ordinance adopting amendments to Sections

17.20.020, 17.28.030, and 17.90.020 of the Cotati Municipal Code to amend the Mobilehome Park Packet Page 42 of 111
(MHP) Overlay Zone and establish a Senior Mobilehome Park (MHP-S) Overlay Zone, and to amend the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144-340-014, with the Senior Mobilehome Park (MHP-S) Overlay Zone. After reviewing and providing direction to staff, the Planning Commission voted to approve a resolution recommending adoption of the proposed ordinance; and WHEREAS, on November 28, 2023, the City Council of the City of Cotati held a duly noticed public hearing on the proposed ordinance to amend the Mobilehome Park (MHP) Overlay Zone and establish a Senior Mobilehome Park (MHP-S) Overlay Zone, and to amend the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144-340-014, with the Senior Mobilehome Park (MHP-S) overlay, received the staff report, reviewed a presentation from the Planning Division, and considered all oral and written comments submitted to the City regarding the Ordinance prior to voting to introduce the Ordinance.

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

SECTION 1: Recitals.

The above recitals are true and correct and are incorporated into the findings herein.

SECTION 2: Record
The Record of Proceedings (“Record”) upon which the City Council makes its decision includes, but is not limited to: 1) the 2015 General Plan, 2) the FEIR certified for the 2015 General Plan, 3) the 2023-2031 Housing Element Update adopted by the City Council in 2023, 4) the Mitigated Negative Declaration certified for the 2023-2031 Housing Element, 5) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of Interim Urgency Ordinance No. 922, on September 12, 2023, prohibiting the conversion of senior mobilehome parks and the adoption of the extension to Interim Urgency Ordinance No. 922, on October 24, 2023, prohibiting conversion of senior mobilehome parks, and 6) all staff reports, City files and records and other documents prepared for and/or submitted to the City Council related to adoption of the amendments to Title 17 (Land Use) of the Cotati Municipal Code to amend the Mobilehome Park (MHP) Overlay Zone and establish a Senior Mobilehome Park (MHP-S) Overlay Zone, and to amend the City’s Zoning Map to designate the Packet Page 43 of 111
property located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144-340-014, with the Senior Mobilehome Park (MHP-S) zoning overlay.

SECTION 3: General Plan Consistency
The Council of the City of Cotati does hereby find that the amendments to Title 17 (Land Use) of the Cotati Municipal Code to amend the Mobilehome Park (MHP) Overlay Zone and establish a Senior Mobilehome Park (MHP-S) Overlay Zone, and to amend the City’s Zoning Map to designate the property located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144- 340-014, with the Senior Mobilehome Park (MHP-S) overlay, as set forth in this Ordinance, is in the best interest of the City in that it will further establish goals, policies, and implementation programs of the General Plan, including the 2023-2031 Housing Element to expand housing opportunities for seniors and preserve mobilehome parks.

Specifically, these amendments are consistent with and implement the following General Plan Housing Element policies and programs:

Goal H-1: Resilient & Safe Housing: Conserve and improve the existing housing stock to provide adequate, safe, and decent housing for all Cotati residents.

Policy H-1.1: Encourage housing rehabilitation and preservation to assist in the health, affordability, and vibrancy of neighborhoods.

Policy H-1.6: Encourage the preservation and maintenance of mobile home parks.

The Council of the City of Cotati does hereby find that the proposed ordinance to amend Title 17 (Land Use) of the Cotati Municipal Code to establish the Senior Mobilehome Park Overlay Zone is exempt from the California Environmental Quality Act as it qualifies for the categorical exemption for existing facilities in Section 15301, the categorical exemption for minor alterations in Section 15305, and the commonsense exemption in Section 15061(b)(3). In addition, the proposed ordinance is consistent with the program Final Environmental Impact Report (SCH# 2013082037) for the Cotati General Plan Update that was certified on March 24, 2015 (Resolution Number 2015-11), the Mitigated Negative Declaration certified for the 2023- 2031 Housing Element (SCH # 2013082037) adopted and certified on June 2, 2023; that this ordinance is consistent with and implements the City’s adopted General Plan, including the 2023-2031 Housing Element and no new environmental impacts peculiar to the project site(s) have been realized or identified, therefore no additional environmental analysis is required under CEQA Section 15183, and therefore pursuant to Section 15168 of the CEQA Guidelines, as such no further environmental review is required.

SECTION 5: Amendment to the Cotati Municipal Code. Section 17.20.020, Table 2-1 is amended to add the Senior Mobilehome Park Overlay Zone, as follows:

Table 2-1
Zoning Districts
Zoning Map
Symbol Name of Zoning District General Plan Designation Implemented by Zoning District Location within
Transect
Low Density and Neighborhood Zones
OSC Open Space, Conservation Open Space MORE RURAL
OSR Open Space, Recreation Parks –
RR Rural Residential Rural –
RVL Residential Very Low Density Low Density Residential – NL Neighborhood, Low Density Low-Medium Density Residential – NM Neighborhood, Medium Density Medium Density Residential TO NU Neighborhood, Urban High Density Residential –
Mixed Use Corridor and Downtown Zones –
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CE Commercial, East Cotati Ave.

Corridor
Office, General Commercial –
CG Commercial, Gravenstein Corridor Highway Commercial, General Commercial
–
CA Commerce Avenue Downtown Specific Plan –
NG Northern Gateway Downtown Specific Plan –
CD Downtown Commercial General Commercial, La Plaza Specific Plan
–
HC Historic Core Downtown Specific Plan –
LP La Plaza Downtown Specific Plan MORE URBAN
Districts
CI Commercial/ Industrial District Commercial/ Industrial IG General Industrial District General Industrial
Special Purpose and Overlay Zones
CP Coordinated Planning Overlay All
MHP Mobilehome Park Overlay All Residential
MHP-S Senior Mobilehome Park Overlay All Residential
PF Public Facility Public Facilities
SPSW Specific Plan, Santero Way All
SPD Specific Plan, Downtown General Commercial, Low Density Residential, Parks
SECTION 6: Amendment to the Cotati Municipal Code. Section 17.28.030 is amended as follows:

17.28.030 Mobilehome park (MHP) overlay zone.

A. Purpose. The MHP overlay zone is applied to existing mobilehome parks and mobilehome parks proposed and permitted after the adoption of the MHP overlay zone. The MHP overlay zone is intended to promote the maintenance and viability of mobilehome parks through appropriate zoning. It is an overlay zone where mobilehome parks are established as the primary land use in order set the development standards for mobilehome parks and to limit the conversion of existing mobilehome parks, which are seen as a form of affordable housing, to Packet Page 46 of 111
other land uses. The MHP overlay zone is consistent with and implements all residential land use designations of the general plan.

The Senior Mobilehome Park (MHP-S) overlay zone is a sub-zone of the MHP overlay zone.

The MHP-S overlay zone is intended to promote and preserve a variety and balance of housing types within the city, and it provides assurances that existing senior mobilehome parks and senior mobilehome parks developed and permitted after the adoption of the MHP-S overlay zone will remain senior mobilehome parks.

B. Applicability. The provisions of this section apply to proposed land uses and development within the MHP overlay zone in addition to all other applicable requirements of this land use code. The Mobilehome Park overlay zone shall be designated by the symbol “MHP” on the City of Cotati Zoning Map. This designation applies to all of the mobilehome parks that existed in Cotati as of September 12, 2023, and any mobilehome parks proposed and permitted following that date. The Senior Mobilehome Park overlay zone shall be designated by the symbol “MHPS” on the City of Cotati Zoning Map. The MHP-S designation applies to the senior mobilehome park that existed in Cotati as of September 12, 2023, and any senior mobilehome parks proposed and permitted following that date. The MHP-S does not apply to any units in an MHP-S overlay zone that are not on mobilehome lots.

C. Allowable Land Uses and Planning Permit Requirements.

1. A mobilehome park is the only land use type listed in Section 17.22.020 (Allowable land uses and planning permit requirements) of this title that may be allowed on a site designated with the MHP overlay. A mobilehome park shall be authorized by the planning permit required for a mobilehome park by the primary zoning district and shall be designated as all ages or senior upon its development.

2. One hundred percent (100%) of the spaces or mobilehomes in mobilehome parks in the MHPS overlay zone shall be occupied by at least one person fifty-five (55) years of age or older. This senior occupancy requirement does not apply to or affect ownership of a mobilehome space or unit. As long as at least one occupant of a mobilehome in a senior mobilehome park is fifty-five (55) years of age or older, the senior occupancy requirement is satisfied as to that space or mobilehome, whether or not the owner of the mobilehome is fifty-five (55) years of age or older.

3. The signage, advertising, park rules, regulations, rental agreements, and leases for spaces in a senior mobilehome park in the MHP-S overlay zone shall state that the mobilehome park is a senior mobilehome park and specify that spaces or mobilehomes are only available for rent or lease by individuals such that at least one occupant of the space or mobilehome is fifty-five (55) years of age or older.

17.28.030(C)(2) to be violated, rented or leased the space or mobilehome before the effective Packet Page 47 of 111
date of the ordinance codified in this Section, the occupants shall be allowed to remain, provided that when such occupants cease to occupy a space or mobilehome in the senior mobilehome park, the space or mobilehome cannot thereafter be rented or leased except to occupants who will not cause the requirements of Section 17.28.030(C)(2) to be violated.

D. Development Standards. Subdivision, site planning, development, allowable density, and new land uses on a site within the MHP overlay zone shall comply with all applicable development standards of the primary zoning district, and all other applicable provisions of this development code (e.g., Article 3 – Site Planning and Project Design Standards). A mobilehome park shall also comply with the applicable development standards of Section 17.42.110 (Mobilehomes and mobilehome parks) of this title.

E. Annual Certification for Senior Mobilehome Parks in MHP-S Overlay Zone The owner or operator of each mobilehome park in the MHP-S overlay zone shall, on an annual basis, conduct occupant age verification to ensure that the senior mobilehome park is in compliance with the senior occupancy requirement of this Section, and file documentation and a certification of compliance with the City, as follows:

1. Each senior mobilehome park in the MHP-S overlay zone shall conduct an annual occupant age verification to ensure that it qualifies as a senior facility under applicable federal and state law, and this Section, including collection of documentation establishing that one hundred percent (100%) of the occupied mobilehomes or spaces in the mobilehome park are occupied by at least one resident who is fifty-five (55) years of age or older in accordance with Section

17.28.030(C)(2). The verification process shall include surveys, affidavits, or other means of updating the initial information supplied by the occupants of the mobilehome park. A summary of this occupant age verification documentation is required to be filed with the City annually.

2. The owner or operator of each mobilehome park in the MHP-S overlay zone shall provide to the City an annual certification that the senior mobilehome park is in compliance with the senior occupancy requirement of this Section, in substantially the following form:
“I [name] hereby certify, under penalty of perjury in accordance with California law that there is at least one occupant fifty-five (55) years of age or older in the [number of occupied units] currently occupied units of the total [number of units in the park] units in the [name of senior mobilehome park] senior mobilehome park. I further certify that there are [number of unoccupied units] currently unoccupied units. This certification is based on my personal knowledge of the residents, and 1) Evidence provided to me in the form of official government documents containing specific information about the current age of the occupants, 2) Occupant affidavits, and/or 3) Age certifications made by occupants in their current lease or rental agreements.”

3. The deadline for filing the annual age verification and certification with the City shall be the date of fee collection and/or filings pursuant to the City’s mobilehome rent stabilization program as specified in Section 19.14.075(B).

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4. If the operator or owner of a senior mobilehome park in the MHP-S overlay zone fails to comply with the obligations set forth in Section 17.28.030(E)(1)-(3), or if the City chooses to conduct age verification of a senior mobilehome park itself, the City Manager or his, her, or their designee is authorized to take all steps necessary to conduct occupant age verification, including but not limited to delegation to the owners of the senior mobilehome park of the obligation to conduct occupant age verification, for the purpose of complying with 24 C.F.R. Section 100.307.

F. Violations

1. Failure to comply with the requirements of this Section shall constitute a violation of the ordinance codified by this Section, and subject to enforcement and the remedies provided in Chapters 17.89, 1.28, and 9.100 of the Cotati Municipal Code.

2. Occupants of senior mobilehome parks in the MHP-S overlay zone who believe that potential violations of this Section may be occurring shall report such potential violations to the owner or operator of the senior mobilehome park and to the City. The owner or operator of a senior mobilehome park shall immediately investigate any report of a potential violation and shall respond to any potential violation in a timely and proactive manner.

3. Notwithstanding any other provision in this Code that may be to the contrary, if an occupant of a senior mobilehome park believes that the owner or operator of a senior mobilehome park has violated the provisions of this chapter, the occupant shall have the right to file an action for injunctive relief and/or actual damages against such owner or operator of the senior mobilehome park. Likewise, any owner or operator of a senior mobilehome park who believes that an occupant of a senior mobilehome park has violated the provisions of this chapter, the owner or operator of the senior mobilehome park shall have the right to file an action for injunctive relief and/or actual damages against such occupant. In any action brought under this chapter, the court may award reasonable attorney’s fees to any prevailing party. Nothing herein is intended to limit the damages recoverable by any party through a private action.

SECTION 7: Amendment to the Cotati Municipal Code. Section 17.90.020 is amended to add the following definition:
“Senior mobilehome park” means a mobilehome park in which one hundred percent (100%) of the occupied spaces or mobilehomes are occupied by, or intended for occupancy by, at least one person who is fifty-five (55) years of age or older. In keeping with this age requirement, a senior mobilehome park is distinct from a non-senior, all-age, or family mobilehome park.

SECTION 8: Zoning Map Amendment.

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The senior mobilehome park located at 425 W. Sierra Avenue, Cotati, Assessor’s Parcel Number 144-340-014, is hereby designated Senior Mobilehome Park (MHP-S) and the City’s Zoning Map is amended accordingly.

SECTION 9: Construction and severability.

It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 9: Effective date.

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

SECTION 10: Publication. The city clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

IT IS HEREBY CERTIFIED that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Cotati held on November 28, 2023, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on November 28, 2023, by the following vote, to wit:

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RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
______________________________
City Attorney
This document is a true and correct copy of Ordinance Number ### and has been published or posted pursuant to law. California Government Code § 40806
______________________________
Kevin Patterson, Deputy City Clerk
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Exhibit 2: Redline version of changes proposed to Land Use Code

17.28.030 Mobilehome park (MHP) overlay zone.

A. Purpose. The MHP overlay zone is applied to existing mobilehome parks. and mobilehome parks proposed and permitted after the adoption of the MHP overlay zone. The allowable density of development MHP overlay zone is determined byintended to promote the maintenance and viability of mobilehome parks through appropriate zoning. It is an overlay zone where mobilehome parks are established as the primary zoning district of the affected site.land use in order set the development standards for mobilehome parks and to limit the conversion of existing mobilehome parks, which are seen as a form of affordable housing, to other land uses. The MHP zoning districtoverlay zone is consistent with and implements all residential land use designations of the general plan.

The Senior Mobilehome Park (MHP-S) overlay zone is a sub-zone of the MHP overlay zone.

C. Allowable Land Uses and Planning Permit Requirements.

3. The signage, advertising, park rules, regulations, rental agreements, and leases for spaces in a senior mobilehome park in the MHP-S overlay zone shall state that the mobilehome park is a senior mobilehome park and specify that spaces or mobilehomes are only available for rent or Packet Page 72 of 111
lease by individuals such that at least one occupant of the space or mobilehome is fifty-five (55) years of age or older.

4. Spaces and mobilehomes in a mobilehome park in the MHP-S overlay zone shall be leased or rented only to occupants who will not cause the requirements of Section 17.28.030(C)(2) to be violated. If the occupants of a space or mobilehome, who cause the requirements of Section 17.28.030(C)(2) to be violated, rented or leased the space or mobilehome before the effective date of the ordinance codified in this Section, the occupants shall be allowed to remain, provided that when such occupants cease to occupy a space or mobilehome in the senior mobilehome park, the space or mobilehome cannot thereafter be rented or leased except to occupants who will not cause the requirements of Section

17.28.030(C)(2) to be violated.

F. Violations

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Senior Mobilehome Park
Zoning Overlay
Ordinance
Cotati City Council
Community Development
Department
November 28, 2023
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Background
 Countryside Mobile Park
 425 W. Sierra Avenue
 35 mobilehome units
 Senior-only park
 Residents primarily in
60s, 70s, & 80s
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Background
 August 2023: Property owner of Countryside held
“meeting and consultation” per State law to inform
residents of intent to change park rules and convert
to all-ages park
 Countryside has been operated as a self-identified
senior park under “senior exemption” to federal Fair
Housing Act (Minimum 80% of units occupied by at
least one person age 55+)
 Park rules: 100% of units must be occupied by at
least one person age 55+
 Per State law, change in park rules may occur 6
months after meeting & consultation (Feb 2024)
 Countryside residents asked City for assistance to
preserve senior-only status of the park
Countryside Mobile Park
entrance sign, 8/16/23
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Background
 Chief concerns about conversion to all-ages:

Loss of affordability and change in character of
park
 City Council passed urgency ordinance to place
moratorium on conversion of senior MHPs on
September 12, and extended on October 24 for
a 22.5-month period
 Council directed staff to explore mechanisms to
preserve the park’s senior-only status
 Staff have identified the Senior Mobilehome
Park Overlay Zone as the best strategy
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Overlay Zones (Land Use Code)
 Overlay zones provide guidance for development
that is in addition to the primary (underlying) zoning
 Primary zoning of Countryside property is
Neighborhood, Medium Density (NM)
 Cotati already has a Mobilehome Park zoning overlay
(“MHP” on the Zoning Map) on its 3 existing parks—
Countryside, Sierra, and Ramble Creek
 MHP overlay restricts allowable land uses on those
properties to mobilehome park only—preventing
conversion to any other use, even other types of
residential
 MHP does not relate to age of residents
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MHP Overlay Zone
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Senior Mobilehome Park Overlay Zone
 Amends existing MHP Overlay to add minimum age
requirements for certain properties: “MHP-S”
 Many jurisdictions in CA have adopted this mechanism
 Prohibits conversion to non-senior parks, based on the legal senior housing exemption: At least 80% of units
must be occupied by at least one person 55 or older
 City of Yucaipa, 2009: 22 senior mobilehome parks
preserved through an overlay zone ordinance
 Subsequent lawsuit, and in 2012 the 9th Circuit court found in favor of Yucaipa, upheld overlay zone
 Petaluma ordinance October 2023
 Cotati’s proposed ordinance modeled after Yucaipa’s
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Senior Mobilehome Park Overlay Zone
 Requires 100% of units to have at least one 55+ occupant  Following the tested legal model with 80% at 55+ as a minimum (local jurisdictions allowed to require
higher standard)
 Reflects existing park rules as a self-identified senior park
 100% at 62+ exemption also exists in federal law but
would introduce a higher standard than existing park
rules
 Caregivers of any age OK with a senior of 55+
 Residents of non-age-compliant units will not be
displaced
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Senior Mobilehome Park Overlay Zone
 Proposed ordinance places MHP-S overlay on
Countryside property
 35 mobilehome units in the senior park
 One additional single-family house on the property is exempt from ordinance
 MHP-S overlay may be placed on any newly
created senior mobilehome park in the future
 Use Permit required to develop new mobilehome
parks or to add units to existing mobilehome park
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Senior Mobilehome Park Overlay Zone
 Enforcement of MHP-S Overlay:
 Park property owner required to conduct annual
age verification & submit to City
 Violation = Code Enforcement action
 Residents have legal recourse if violations occur
 Oct 17 community meeting and Oct 24 on-site
survey of Countryside residents = strong support
for preservation of senior park status
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Planning Commission Recommendation
 Public Hearing on November 6, 2023
 Commission passed Resolution
recommending that the Council adopt
the MHP-S Overlay Ordinance
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Recommendation
The Community Development
Department and the Planning Commission
recommend that the City Council hold a
public hearing, conduct a first reading,
and introduce an ordinance establishing
the Senior Mobilehome Park Overlay Zone
(MHP-S) and amending the Zoning Map to
designate the property at 425 W. Sierra
Avenue as MHP-S.

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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Ratification of Nominee for Appointment to the Measure S Citizen Oversight Committee
Date: November 28, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a motion to ratify Councilmember River’s nominee for appointment to the Measure S Citizen Oversight Committee.

Background
On June 3, 2014, Cotati voters approved Measure G, the Cotati Essential Services Measure, amending Cotati Municipal Code Chapter 3.05 to extend the City's existing Measure A sales tax and set the rate at one cent for nine years, with annual audits and independent citizens' oversight of Measure G revenue and expenses.

Subsequently, on September 8, 2015, the City Council adopted Resolution No. 2015-64 establishing the 5-member Measure G Citizen Oversight Committee (MGCOC) to provide the required oversight of Measure G revenue and expenditures.

On November 3, 2020, the community voted 74.49% to extend Measure G (designated by the Registrar of Voters as Measure S).

On January 11, 2022, the City Council formally changed the name of the Measure G Citizens Oversight Committee to the Measure S Citizens Oversight Committee (Resolution 2022-3) but kept the appointment and composition of the body the same.

Each councilmember nominates a Measure S Citizens’ Oversight Committee Member, so Councilmember Lemus and Councilmember Rivers currently have positions to nominate.

At the November 14, 2023 City Council meeting, the City Council ratified Councilmember Packet Page 87 of 111
Lenus’s nominee, Carmen Garcia.

Analysis/Discussion
As indicated in Resolution No. 2015-64 originally establishing the Measure G Citizens’ Oversight Committee, the appointment process mirrors that of the Planning Commission as outlined in Cotati Municipal Code Sections 2.16.015 (Appointment process) and 2.16.020 (Terms).

The City posted the opportunity and received four applications. Each vacancy is to be filled by nomination from the responsible Councilmember and ratification by a majority vote of the City Council. The nominee is as follows:

Nominees: Responsible Councilmember:

Taunya Moore Councilmember Rivers
Applications were also received from Amy Lyman and Laurie Alderman; all applications are attached. Laurie Alderman subsequently retracted her application (see attached). Of the applicants, Amy Lyman has previously served on the Measure G and Measure S Citizens‘ Oversight Committee.

Financial Considerations
There are no direct costs associated Measure S Citizens' Oversight Committee. Administrative support of the Committee will be accomplished with existing staff. Committee-related administrative support tasks are included in the day-to-day responsibilities of the Administrative Services Department and the City Manager's Office.

Environmental Issues
The action of appointment to an oversight committee 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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APPLICATION FOR COUNCIL APPOINTMENT TO ADVISORY BODY
Revised 10/2023
This application is considered a public record pursuant to The California Public Records Act (Government Code 6520 et seq.) and may be made available to any member of the public upon request. Appointee’s contact information may be published in the City of Cotati public informational roster.

Appointees to certain advisory bodies will be required to complete a Statement of Economic Interest as required by California Government Code §87200 et seq. and the City of Cotati Conflict of Interest Code.

Advisory body to which appointment is sought:
 Planning Commission  Measure S Oversight Committee
 Other

CONTACT INFORMATION
First Name: Last Name:

Mailing
Address:

E-mail:

Phone:

Alt phone:

EDUCATION
 High School Graduate; or Location:  GED
College/University Major Degree/Date
Other formal education:
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Choose one; please complete a separate application for each advisory body for which you would like to be considered.  Marin/Sonoma Mosquito & Vector Control District
✔
Taunya Moore Cotati, CA ✔
Oakland High School Sonoma State Business Adminstration Bachelors of Science/Dec 1999 Packet Page 89 of 111
Application for appointment to advisory body

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EMPLOYMENT HISTORY
List all employment during the last five years. If retired, list last employer.

Period Employer (include location) Position/Title

PERSONAL INFORMATION
Year you became a Cotati resident: _____________________ Are you a City of Cotati registered voter? Yes No
Are you related to any member of the City Council, any City advisory body Member or City Employee? If yes, please list name and relationship:
Yes No
Are you currently a vendor or contractor with the City of Cotati Yes No Are you currently employed by the City of Cotati? Yes No Have you ever been convicted of a felony? If yes, please explain: Yes No List civic activities, clubs, associations, etc.:
______________________________________________________________________________________ ______________________________________________________________________________________ Briefly state your reasons for interest in the appointment sought:
______________________________________________________________________________________ ______________________________________________________________________________________ Please initial the following 2 paragraphs:
_________ I understand that this application is considered a public record pursuant to The California Public Records Act (Government Code 6520 et seq.) and may be made available to any member of the public upon request. Appointee’s contact information may be published in the City of Cotati public informational roster. _________ I understand that appointees to certain advisory bodies will be required to complete a Statement of Economic Interest as required by California Government Code §87200 et seq. and the City of Cotati Conflict of Interest Code.

I certify that the foregoing is true and correct to the best of my knowledge:
______________________________________ __________________________ Signature Date
Emergency contact information (confidential; for emergency use only):
_________________________________
Name
___________________________ _
Relationship Phone number
Thank you for your interest. Please return completed form to the 'HSXW\City Clerk via email at NHSDWWHUVRQ#FRWDWLFLW\RUg or deliever to City of Cotati, Attn.: Deputy City Clerk, 201 West Sierra Avenue, Cotati, CA 94931-4217
Y:\PROCEDURES SOPS\CMO Procdures SOPs\CITY CLERK PROCEDURES MANUAL\18.Advisory Bodies (City Commissions and Committees)\ADVISORY BODIES (Boards-Commissions etc.)\Application for Appointment to Advisory Body.docx 6/2018 Rego Consulting (remote) Service Architect/Product Manager 2008 ✔ ✔
✔
✔
✔
Treasurer Redhill HOA Board, Volunteer at Evergreen Elementary School I love Cotati Parks, and thrilled that we have funding for improvements. As a dog mom and a grandmother of 2 Cotati resident grandchildren I would welcome the opportunity to provide help/input in the improvement of our parks. I also have 23 years of project management experience. tmtmSusannah Ballinger Daughter 10/5/23
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Ratification of Interim Police Chief Agreement Date: November 28, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution ratifying the City Manager’s appointment of Hank Schreeder, a Retired Annuitant, as Interim Police Chief.

Background
The City is currently recruiting for the position of Police Chief and is in need of an Interim Police Chief to fill this critical role during the recruitment process. The current Police Chief, Chief Parish, will retire at the end of December. Based on the current recruitment schedule, a new Police Chief is expected to be hired and in the role by March 1, 2024. Therefore, an Interim Police Chief is needed to bridge the estimated 2 months between the retirement of the current Police Chief and the new Police Chief starting.

Analysis/Discussion
Employment of a person that is retired from CalPERS, a retired annuitant, is subject to certain criteria and regulations specified in the Government Code. These rules are intended to protect the public’s interest by enabling CalPERS contracting agencies the ability to re-employ retirees and protect the retirement system from inappropriate use or abuse. CalPERS recognizes that retirees can play an important role in keeping city business running, particularly in short term or emergency situations, but also provides limitations on their service.

The City of Cotati Municipal Code section 2.12.100 authorizes the City Manager to appoint a Police Chief and the Government Code provides specific guidance on employing a CalPERS retiree without reinstatement from retirement or loss or interruption of retirement benefits.

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Specifically, Government Code Section 21221(h) applies in the City’s current circumstances, where the City is seeking to fill a vacant position during the recruitment for a permanent appointment, and the position requires specialized skills. Key terms of hiring a retired annuitant under this Code Section are:

1. Limited duration work & retiree skills: The appointment needs to be clearly of limited duration and the vacant position must require specialized skills, which are possessed by the retiree.

2. 960 hour limit: Retirees can work a maximum of 960 hours each fiscal year, regardless of the number of CalPERS contracting employers they work for.

3. Rate of Pay requirement: The compensation paid to any retiree must be within the monthly rate of pay range (not more or less than the Police Chief pay range) and no other benefit, incentive, compensation in lieu of benefits, or other form of compensation can be paid in addition to this hourly pay rate.

4. Open recruitment: The interim appointment must be for a vacancy during recruitment of a permanent appointment.

5. Enrollment in the myCalPERS system: The City must report the pay rate and hours worked to CalPERS through the system currently used to report payroll.

The accompanying Resolution and Employment Agreement identify the detailed terms of the Interim Police Chief engagement. Employing Robert Schreeder in this manner will help ensure that CalPERS regulations related to retirees are followed.

Robert ‘Hank” Schreeder has enjoyed a long and successful law enforcement career. He served with the Santa Rosa Police Department for 28 years, retiring as the Chief of Police in Santa Rosa in 2019. He served as the interim Chief of Police with the Emeryville Police Department in 2020 and served as the Novato Chief of Police on an interim basis during 2022 and again in 2023. He has greatly enjoyed his interim positions and is exceptionally well qualified to fill the Interim Police Chief position for the City of Cotati.

Financial Considerations
The employment agreement specifies an hourly rate of $95.08, with no benefits. Total costs will depend on the length of service of the Interim Police Chief; however, it will not exceed 255 hours between January 1 and no later than April 1, 2024, for a total cost of approximately $25,000. Expense for the interim assignment will be covered by salary savings associated with the Police Chief vacancy.

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RESOLUTION NO.

A RESOLUTION RATIFYING THE CITY MANAGER’S APPOINTMEENT OF

ROBERT SCHREEDER, A RETIRED ANNUITANT, AS INTERIM POLICE CHIEF UNDER GOVERNEMNT CODE SECTION 21221 (H)
WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City of Cotati (“City”) has authorized the recruitment to fill the vacancy of Police Chief on January 1, 2024, and during such recruitment, desires to appoint a person with specialized skills qualified to fill the position on an interim basis in order to prevent stoppage of public business and continue Municipal operations during recruitment for a permanent appointment; and
WHEREAS, Cotati Municipal Code section 2.12.100 authorizes the City Manager to appoint a Police Chief; and
WHEREAS, Robert Schreeder is a retired annuitant who has been retired from public service for more than 180 days and who has specialized safety officer experience as a former Chief of Police for the City of Santa Rosa and who served with the Santa Rosa Police Department for 28 years. He also served as the interim Chief of Police with the Emeryville Police Department in 2020 and served as the Novato Chief of Police on an interim basis during 2022 and again in 2023; and
WHEREAS, the City Manager desires to appoint PERS annuitant Robert Schreeder to the position of Police Chief on an interim basis, pursuant to Gov. Code section 21221(h) and an employment appointment document; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end on or before April 1, 2024; and
WHEREAS, the entire employment appointment document between Robert Schreeder and the City has been reviewed by this body and is attached herein; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties; and
WHEREAS, the current minimum base hourly salary for this position is $78.22 and the maximum base hourly salary is $95.08; and
WHEREAS, the hourly rate paid to Robert Schreeder will be $95.08; and Packet Page 98 of 111
WHEREAS, Robert Schreeder has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
WHEREAS, Government Code section 21221(h) limits the number of hours a retired annuitant may work to 960 hours in a fiscal year;
WHEREAS, Robert Schreeder will not work more than a total of 960 hours before June 30, 2024, including hours worked for other PERS agencies, as required under Government Code section 21221(h);
WHEREAS, Robert Schreeder has certified that he has not received unemployment insurance compensation within the 12-month period prior to his appointment; and WHEREAS, Robert Schreeder has agreed to fill the position of Interim Police Chief under the terms of the attached employment appointment document ratified by the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby ratifies the City Manager’s appointment of Robert Schreeder to the position of Interim Police Chief for a period effective January 1, 2024 to a date not beyond April 1, 2024, consistent with the requirements of Government Code Sections 21221(h) and as described herein and detailed in the employment appointment document attached hereto as Exhibit A.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on November 28, 2023, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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City of Cotati
Sonoma County, California
________________________________________________________________ 201 W. Sierra Ave, Cotati, CA 94931 | (707) 792-4600 | www.cotaticity.org | @cityofcotati December 1, 2023
Hank Schreeder
<<Address>>
Dear Chief Schreeder,
I am pleased to extend this conditional offer of employment to you to work as a limited term retired annuitant in the position of Interim Chief of Police with the City of Cotati. The terms and conditions of your employment are set forth below.

Retired Annuitant
California state law permits individuals who retire and receive CalPERS retirement benefits to accept limited term post-retirement employment with a CalPERS-covered employer without reinstatement or penalty under certain conditions. The reason underlying this appointment is that an exigency currently exists in the Police Department with the retirement of the previous Chief of Police. You are not being appointed to fill a vacant position, but instead you are being appointed to a temporary, retired annuitant classification in this role.

Start Date
You will be required to complete all POST-required pre-employment steps, including the successful completion of a background investigation, fingerprinting, preemployment medical, drug screen and psychological evaluation. Additionally, you are required to maintain all POST requirements as a sworn peace officer while serving as Interim Police Chief. The effective start date of employment will be January 1, 2024. The City anticipates that it will terminate this Agreement upon the City finding a permanent replacement for the position of Chief of Police. You will report to Damien O’Bid, City Manager. Under no circumstances will your working hours exceed 960 hours during the fiscal year, including other hours worked as a retired annuitant in other CalPERS agencies in Fiscal Year 2023/24.

Employment Status/At-Will Status
The position of Interim Chief of Police requires specialized skills and expert professional services for a definite period of time. You will be expected to engage in Packet Page 100 of 111
City of Cotati
Sonoma County, California
________________________________________________________________ 201 W. Sierra Ave, Cotati, CA 94931 | (707) 792-4600 | www.cotaticity.org | @cityofcotati the hours of work that are necessary to fulfill the obligations of the position and must be available at all times. The Chief of Police is an "exempt" classification under the overtime provisions of the federal Fair Labor Standards Act (FLSA), meaning you will be compensated on a salary basis, in the amount specified below, and are not entitled to overtime as defined by FLSA.

California's Labor Code specifies that an employment relationship with no specified duration is presumed to be employment "at-will." This means that the employer or the employee may terminate the employment relationship at any time, with or without cause.

Indemnification
To the extent mandated by the California Government Code, the City will defend, hold harmless, and indemnify you against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of your services as the Interim Chief of Police. This indemnification and defense will not apply to any intentional tort or crime committed by you, to any action outside the course and scope of your employment, or any other intentional or malicious conduct or gross negligence committed by you.

Compensation
Your hourly rate will be $95.08 per hour, which isthe top step in the salary range for the Chief of Police.

Employee Benefits
Retired annuitants are ineligible for health benefits, holidays, sick leave, vacation or any other employee leave or benefit program. However, limited term retired annuitants may utilize the services of the City's Employee Assistance Plan (EAP).

Please contact HR if you have any questions on how to access.

Resignation/Termination
You may resign at any time; provided, however, you will reasonably provide the City Manager at least two (2) weeks advance written notice. Again, you are an "at-will" employee and serve at the pleasure of the City Manager. Notwithstanding the CalPERS 960 hour limit, you may be terminated at any time, with or without cause, by the City Manager. You are not entitled to any severance pay.

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City of Cotati
Sonoma County, California
________________________________________________________________ 201 W. Sierra Ave, Cotati, CA 94931 | (707) 792-4600 | www.cotaticity.org | @cityofcotati Expectations & Role
Attached is a copy of your job description which outlines the duties, knowledge, skills, and abilities that you are expected to fulfill and perform in addition to the duties and responsibilities of Chief of Police described generally in Government Code sections 41601-41612. You will be subject to all applicable laws, rules and regulations of the United States, the State of California, and the City of Cotati.

We truly look forward to working with you and appreciate your willingness to temporarily assist the City. Please sign below indicating your acceptance of this limited term retired annuitant employment offer and return it to [email protected] as soon as possible.

Welcome to Cotati!
Sincerely,
Damien O’Bid
City Manager
cc: Personnel File
Attachment
Chief of Police Job Description
Accepted: Date:

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CITY OF COTATI

CHIEF OF POLICE
DEFINITION:

Under administrative direction, plans, manages, oversees, and directs the emergency and nonemergency operations and services of the Police Department, which include law enforcement and crime suppression and prevention; coordinates activities with other City officials, departments, outside agencies, organizations and the public; provides responsible and complex staff support to the City Council and City Manager; performs other related duties as required.

DISTINGUISHING CHARACTERISTICS:

The Chief of Police is the administrative management level class, which oversees all functions and operations of the Police Department and is responsible for the activities of all sworn and non-sworn personnel in preserving order, protecting life and property, preventing crime and enforcing laws, and municipal ordinances. This classification is distinguished from the next higher classification of City Manager in that the latter has overall responsibility for administering the City’s operations.

SUPERVISION RECEIVED/EXERCISED
Receives administrative direction from the City Manager. Exercises direct and indirect supervision over assigned staff.

ESSENTIAL FUNCTIONS: (include but are not limited to the following) • Accepts full responsibility for all Police Department activities and services, including preserving order, preventing crime, protecting life and property and enforcing laws and municipal ordinances; coordinates activities with other City officials, departments, outside agencies, organizations and the public.
• Develops, implements and maintains departmental goals, objectives, policies, and procedures; works directly with sworn and non-sworn personnel in the development and interpretation of City and department policies; reviews and evaluates work methods and procedures for improving organizational performance, enhancing services, and meeting goals; ensures that goals are achieved. • Plans, directs, and coordinates the Police Department’s work plan; assigns work activities and responsibilities to appropriate personnel; identifies and resolves law enforcement problems and/or issues; oversees the maintenance and proper disposition of records and property; provides for the conduct of internal investigations as necessary.
• Confers with citizens and City officials on law enforcement related issues and concerns; assists in the development of innovative strategies to address issues and concerns.

Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification.

In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.

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CHIEF OF POLICE

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• Oversees the selection, training and evaluation programs for all sworn, and non-sworn personnel; provides or coordinates in-service training and employee recognition programs; identifies and resolves staff deficiencies; fulfills discipline procedures; reviews the work of department personnel to ensure compliance with applicable federal, state and local laws, codes, and regulations; interprets and enforces a variety of laws, codes, ordinances, and regulations. • Prepares, manages, and coordinates the development of the Police Department’s budget; prepares forecasts of necessary funds for staffing, materials, and supplies; presents, justifies and defends programs, operations, and activities; monitors and approves expenditures; discusses and resolves budget issues with appropriate staff, and implements adjustments as necessary; manages grant applications and grant administration activities.
• Serves as a resource for law enforcement personnel, City staff, other organizations and the public; coordinates pertinent information, resources and work teams necessary to support a positive, productive, and cooperative work environment.
• Attends and participates in professional and community meetings; stays current on issues relative to the field of law enforcement, crime prevention, and service delivery responsibilities; responds to and resolves sensitive and complex community and organizational inquiries, issues, and complaints; establishes and maintains a customer service orientation within the Department. • Establishes positive working relationships with representatives of community organizations, state/local agencies and associations, City management and staff, and the public.

KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of: Principles, practices and techniques of police administration, organization, and operation; technical and administrative phases of crime prevention and law enforcement, including investigation and identification, patrol, traffic control, juvenile programs, record keeping, automated law enforcement information systems, search and seizure, code violations and care, and custody of persons and property; functions and objectives of federal, state, and local law enforcement agencies; applicable federal, state and local laws, codes, and regulations, including the California Penal Code, Government Code, Vehicle Code, and other related regulations and court decisions; principles and practices of budget administration; care, maintenance, and operation of a variety of law enforcement equipment; methods and techniques of supervision, training, and motivation; concepts of human relations and interaction; methods and techniques of scheduling work assignments; standard office procedures, practices, and equipment; office equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling, and grammar; occupational hazards and standard safety practices.

Ability to: Plan, direct, manage, and coordinate the work of the Police Department in law enforcement, crime protection, and crime prevention; supervise and participate in the establishment of Department goals, objectives and methods for evaluating achievement and performance levels; analyze complex law enforcement issues, evaluate alternatives, and implement sound solutions; make adjustments to standard operating procedures as necessary to improve organizational effectiveness; act quickly and calmly in emergency situations; facilitate group participation and consensus building; plan, organize, train, evaluate, and direct work of assigned Packet Page 104 of 111

CHIEF OF POLICE

Page 3 ends

staff; interpret, explain, and apply applicable laws, codes, and regulations; read, interpret, and record data accurately; organize, prioritize, and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships.

Skill to: Operate an office computer and a variety of word processing and software applications; safely and effectively operate a variety of law enforcement equipment, firearms, and a police vehicle in emergency situations.

QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience: Any combination of education and experience that has provided the knowledge, skills, and abilities for a Chief of Police. A typical way of obtaining the required qualifications is to possess the equivalent of six years of broad and extensive experience in all major phases of municipal police work, including at least three years in a responsible management capacity, and a bachelor’s degree in criminology, public administration, or a related field.

License/Certificate: Possession of, or ability to obtain, a valid Class C California driver’s license; possession of a Management Certificate from P.O.S.T.

PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:

Position requires prolonged sitting, standing, walking, running, jumping, reaching, twisting, turning, kneeling, bending, squatting, and stooping in the performance of daily activities. The position also requires both near and far vision and acute hearing. Additionally, incumbents may work outdoors in all weather conditions, including wet, hot, and cold. The position entails working in hazardous situations, and may involve abusive persons, potential physical violence, and the potential risk of exposure to blood borne pathogens in the performance of law enforcement duties. The nature of the work also requires the incumbent to drive motorized vehicles, operate a variety of law enforcement equipment, work in heavy vehicle traffic conditions, and often work with constant interruptions; work flexible hours, including evenings, and weekends.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

FLSA: EXEMPT
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: Outdoor Equity Grants Program Application
Date: November 28, 2023
Written by: Ashley Wilson, Recreation Manager
Recommendation
It is recommended that the City Council adopt a resolution endorsing the City of Cotati’s application for the Outdoor Equity Program Grant funds.

Background
In 2019, the Outdoor Equity Grants Program was enacted when Governor Gavin Newsom signed Assembly Bill 209, which is now part of the Administration’s Outdoors for All Initiative. The Outdoor Equity Grants Program (OEP) improves the health and wellness of Californians – through new educational and recreational activities, service learning, career pathways, and leadership opportunities that strengthen a connection to the natural world. OEP’s intent is to increase the ability of residents in underserved communities to participate in outdoor experiences within their community, at state parks, and other public lands. The funding helps establish hubs for local activities and trips to natural areas for underserved communities.

Round One applications were received on October 8, 2021, and grant awards were announced on May 27, 2022.The City of Cotati did not receive funding from prior rounds.

Round Two of OEP provides funding for California’s underserved communities which will continue to advance the goals of the “Outdoor Access for All” initiative championed by Governor Gavin Newsom and First Partner Jennifer Siebel Newsom and the Natural Resources Agency’s “Outdoors for All” initiative.

Funds for this round (Round 2) of grants are administered through the State of California Department of Parks and Recreation Office of Grants and Services (OGALS).

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Public agencies including but not limited to cities, counties, special districts, joint powers authorities, schools, and 501(c)(3) non-profits are eligible for the grant. The maximum that can be applied for is $700,000, and there is a $20,000 minimum. There is no match requirement for this grant.

Analysis/Discussion
A requirement for the grant application is to choose a community home base, which will serve as a central gathering place in an underserved community that needs access to outdoor programs.

Examples of central gathering places in a community could be a school, a recreation center, a community meeting space, a local park, etc. The community home base is where the participants will primarily gain access to the proposed activities. The community home base for this application will be the Veronda-Falletti Ranch, located at 175 East School Street.

An additional requirement for the grant application is to plan activities in the community and natural area trips from the community home base (Veronda-Falletti Ranch). Activities in the community can include: teaching participants about the community’s environment, taking educational walks in the community to discover nature in action, or preparing participants for a natural area trip. Natural area trips from the community home base can include traveling to a regional, state, national park, tribal land, river or lake, beach, forest, mountain, or desert area for day or overnight trips within the state.

Feedback from outreach in the community has shown a great interest in camping trips, family trips, day trips to the beach, overnight trips to Yosemite National Park, and much more. Outreach is still being conducted and final natural area trips will be included in the grant application.

If the grant is awarded, the City will partner with Veronda-Falletti Ranch licensees Sandy Loam and Farmster, as well as Santa Rosa Junior College and Rancho Cotate High School to provide educational and recreational opportunities to the community. The grant funds can be used for transportation, staff costs, entry fees, lodging, supplies, and in some cases, meals. Funding cannot be used for construction projects or purchasing vehicles.

Financial Considerations
The fiscal impact to the City will depend on if the Outdoor Equity Grant funds are awarded. If the full grant amount is awarded, the proposed project will be funded by grant monies or the project will be adjusted to stay within the financial limits of grant and City funding available. If the grant is not awarded, the proposed project will not be included in planned activities unless additional grant or other outside funding becomes available.

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, Packet Page 107 of 111
or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

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RESOLUTION NO.

RESOLUTION APPROVING FILING OF APPLICATION FOR THE OUTDOOR

EQUITY GRANTS PROGRAM
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Outdoor Equity Grants Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope program;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cotati hereby:

1. Approves the filing of an application for the Outdoor Equity Grants Program; and

2. Certifies that said Applicant has or will have available, prior to commencement of any work on the program(s) included in this application, the sufficient funds to complete the program(s); and

3. Certifies that if the grant is awarded, the Applicant has or will have sufficient funds to operate the program(s) as described in the Grant Selection Criteria response, and

4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

5. Delegates the authority to the City Manager or his designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

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 November 28, 2023, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

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: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED Date: November 28, 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 2023-01: 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 2023-01 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 CouncilNovember 28, 2023

Cotati City Council
November 28, 2023