Agenda packet — Cotati City Council, December 12, 2023

AGENDA

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE

FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, December 12, 2023
6:00 PM REGULAR MEETING
The Cotati City Council welcomes you to its meetings that are generally scheduled for the 2nd and 4th Tuesday of every month. Your interest and participation are encouraged and appreciated.

City Council meeting agendas, minutes and recordings are posted on the City’s Meeting Portal at www.cotaticity.org. For questions about the agenda 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/81421127322?pwd=VmM4bjVsYUlXa1p6ems0RzF6eFUxUT09 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: 814 2112 7322 Passcode: 505033
+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. • 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.) Cotati City Council Packet December 12, 2023

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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 28, 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.

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 Cotati City Council Packet December 12, 2023

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sign up with CivicReady, 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. AWARD CYPRESS AVENUE SEWER REPAIR PROJECT
It is recommended the City Council adopt a resolution awarding construction contract for the Cypress Avenue Sewer Repairs Project to {insert company}and authorizing the City Manager to execute any needed change orders or amendments for both the construction contract and construction management professional agreement up to the authorized project budget.

B. SECOND READING AND ADOPTION 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
It is recommended by the Community Development Department and the Planning Commission that the City Council conduct the second reading and adoption 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.

C. PURCHASE OF BUDGETED VEHICLES
It is recommended that the City Council by Motion authorize the City Manager to approve the purchase of budgeted vehicles and to execute any necessary agreements to carry out the approved purchases, including upfitting, and electric vehicle infrastructure, not to exceed the authorized budget amount by fund.

D. AWARD OF THE REDWOOD DRIVE AND CYPRESS AVENUE PAVEMENT

REHABILITATION PROJECT
Cotati City Council Packet December 12, 2023

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It is recommended the City of Cotati City Council adopt a resolution awarding the Redwood Drive and Cypress Avenue Pavement Rehabilitation Project construction contract and authorizing the City Manager to execute the construction contract and any needed change orders or amendments to supporting professional agreements up to the authorized Project amount.

E. CONSIDERATION OF A PROFESSIONAL SERVICE AGREEMENT WITH BELLECCI AND ASSOCIATES, INC. FOR THE DESIGN OF THE SIDEWALK GAP

CLOSURE PROJECT
It is recommended the City of Cotati City Council adopt a Resolution approving a Professional Services Agreement with Bellicci and Associates, Inc. for the design of the Sidewalk Gap Closure Project and authorizing the City Manager, or Designee, to execute the agreement and any needed amendments up to the authorized project amount.

10. DIRECTION ON FUTURE AGENDA ITEMS

11. REGULAR AGENDA (ACTION)
A. PUTNAM AND CATOR FIELD FINAL CONCEPT DESIGN DISCUSSION It is recommended that the City Council discuss the final design concepts for Putnam Park and Cator Field and provide staff with any final feedback prior to beginning design work.

B. REORGANIZATION OF CITY COUNCIL FOR CALENDAR YEAR 2024 It is recommended The City Council elect a Mayor and Vice Mayor from among its members, to be effective January 1 until December 2024.

C. COUNCIL ASSIGNMENTS AS REPRESENTATIVES AND LIAISONS TO VARIOUS COMMITTEES FOR CALENDAR YEAR 2024
It is recommended that the Council adopt a motion to assign representatives and liaisons to various committees and commissions for calendar year 2024.

D. PROCLAMATION SCHEDULE FOR 2024
It is recommended that the City Council adopt a motion approving a proclamation schedule for 2024.

E. PROCEDURE DURING READING OF LAND ACKNOWLEDGEMENT
It is recommended the City Council discuss the procedure during the reading of the Land Acknowledgment statement and provide verbal direction to staff.

12. CITY MANAGER'S REPORT

13. CITY COUNCIL MEMBER REPORTS

14. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

15. CLOSED SESSION
Cotati City Council Packet December 12, 2023

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A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 PROPERTY: APN 144-274-002, 144-274-014, 144-274-015 CITY NEGOTIATOR: CITY MANAGER NEGOTIATING PARTY:

BISHOP REVOCABLE TRUST UNDER NEGOTIATION: PRICE AND TERMS OF

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

16. REPORT OUT OF CLOSED SESSION

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

18. 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 December 8, 2023. /s/ Kevin Patterson, Deputy City Clerk

MINUTES

JOINT MEETING OF THE COTATI CITY COUNCIL AND THE SUCCESSOR AGENCY TO

THE FORMER COTATI COMMUNITY REDEVELOPMENT AGENCY
City Council Chamber, City Hall 201 W. Sierra Avenue
Tuesday, November 28, 2023
6:00 PM REGULAR MEETING

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

2. ROLL CALL
Attendee Name Title Status
Susan Harvey Mayor Present
Laura Sparks Vice Mayor Present
Ben Ford Councilmember Present
Sylvia Lemus Councilmember Present
Kay Rivers Councilmember Present
Staff Present: City Manager Damien O’Bid, City Attorney John Bakker, 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, Associate Planner Autumn Buss, Recreation Manager Ashley Wilson

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 Cotati City Council Minutes November 28, 2023

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RESULT: Approve [5 TO 0]
MOVER: Laura Sparks, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None

The City Council may, or may not, choose to respond to comments, as the Government Code allows.

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

No public comment.

9. CONSENT CALENDAR (ACTION)
A. 2023 Agricultural Community Events Farmers Markets Downtown Shop and Stroll Holiday Event
Cotati City Council Minutes November 28, 2023

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B. Agreement with LandCare USA to restore the La Plaza Demonstration Garden RESULT: Adopt [5 TO 0]
MOVER: Ben Ford, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None

10. DIRECTION OF FUTURE AGENDA ITEMS
Councilmember Lemus requested a future agenda item on standing in the Chamber while the Land Acknowledgement is read.

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
RESULT: Approve [5 TO 0]
MOVER: Sylvia Lemus, Councilmember
SECONDER: Kay Rivers, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None
Presentation by Assistant Planner Autumn Buss.

Councilmembers comment.

Public comment:

Wayne Randall of Cotati
Marni Cashuba of Cotati
After discussion, Council elected to introduce the Ordinance as presented, with a request for staff to bring back revisions at a later date clarifying the rules around multi-member households who become non-compliant with the zoning overlay when the qualified member of their household passes away, divorces, or has a similar life-altering event.

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

CITIZEN OVERSIGHT COMMITTEE
Cotati City Council Minutes November 28, 2023

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RESULT: Approve [5 TO 0]
MOVER: Sylvia Lemus, Councilmember
SECONDER: Ben Ford, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

Public comment:

Taunya Moore of Cotati
By motion, Council approved Councilmember Rivers’ nomination of Taunya Moore to the Measure S Citizen Oversight Committee.

B. AGREEMENT FOR AN INTERIM POLICE CHIEF
RESULT: Adopt [5 TO 0]
MOVER: Sylvia Lemus, Councilmember
SECONDER: Laura Sparks, Vice Mayor
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None
Presentation by City Manager Damien O’Bid.

Councilmembers comment.

Public Comment:

Marni Cashuba of Cotati
Hank Schreeder
C. OUTDOOR EQUITY GRANTS PROGRAM APPLICATION
RESULT: Adopt [4 TO 0]
MOVER: Kay Rivers, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Ford, Lemus, Rivers
NAYS:

RECUSED:

None
Sparks
Councilmember Sparks recused herself from the item, as she is employed by the Earth and Space Sciences department at Santa Rosa Junior College, which would be partnering with the City should the grant application be successful.

Presentation by Recreation Manager Ashley Wilson.

Cotati City Council Minutes November 28, 2023

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Councilmembers comment.

No public comment.

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

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

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
Mayor Harvey adjourned to closed session at 7:33pm.

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

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

19. ADJOURNMENT
Mayor Harvey adjourned the meeting at 8:35pm
/s/ Kevin Patterson, Deputy City Clerk
Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: AWARD CYPRESS AVENUE SEWER REPAIR PROJECT
Date: December 12, 2023
Written by: Brianna Steel, Engineering Technician
Recommendation
It is recommended the City Council adopt a resolution awarding construction contract for the Cypress Avenue Sewer Repairs Project to Michael Paul Co, Inc.and authorizing the City Manager to execute any needed change orders or amendments for both the construction contract and construction management professional agreement up to the authorized project budget.

Background
The City owns and operates a sewer collection system and relies on the Santa Rosa Subregional Wastewater Treatment Plant for wastewater treatment. The costs for treating the wastewater make up nearly 80 percent of the City’s sewer enterprise fund costs and these costs are directly proportional to the amount of flow sent to the Wastewater Plant for treatment. The City can reduce its wastewater treatment costs by decreasing the amount of groundwater and rainwater entering the collection system through joints and cracks in the pipelines and manholes. To this end, the City has identified locations to repair the sewers and this proposed contract is to obtain a contractor to do these repairs.

Analysis/Discussion
The City completed video inspections of areas suspected of having high inflow and infiltration. As part of this inspection process, sewer defects were located and described. This information was provided to Brelje and Race Consulting Engineers to design a project to repair the defects. Sewer pipelines in both West Sierra Avenue and Cypress Avenue had a significant number of structural deficiencies and are significant because these sewers are within streets slated for paving in the near-term. Sewer repairs in West Sierra Avenue were completed in January this year, ahead of the Downtown Civic Center Connectivity and Safety Improvements Packet Page 11 of 127
Project and it is now necessary to have the repairs made before the paving of that street as part of the Redwood Drive and Cypress Avenue Pavement Rehabilitation Project which is scheduled for the Spring of 2024.

On May 9, 2023, the City Council approved a professional services agreement with Brelje and Race Consulting Engineers, for an amount of $88,700, to design and prepare bid documents for the Cypress Avenue Sewer Repairs Project. The design has been completed and, in October 2023, a request for bids was put out for the repairs of Cypress Avenue’s sewer. On December 5, 2024, the City received and opened four bids for the Project. The apparent low bidder is Michael Paul Co, Inc. with a bid of $288,754, which is 12.3 percent below the engineer’s estimate.

City Staff requested and Brelje and Race Consulting Engineers provided a proposal for Construction Management and Inspection Services. The total for the proposal came in at $110,200. Staff has reviewed the proposal and find it to be fair and reasonable.

City Staff are also proposing a contingency of $75,000 or approximately 15% of the total project cost of $487,654, bringing the total project including contingency to $562,654.See summary of costs below:

Financial Considerations
The adopted annual City budget includes the Cypress Avenue Sewer Repairs Project for an amount of $783,700. Accounting for the design, construction contract, the Construction Management and Inspections agreement and a contingency of 15 percent, the total proposed Project budget is $562,654, which is below the authorized Project budget amount and no additional budget appropriation 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.

Project Classification Contract Vendor Amount
Construction Michael Paul Co, Inc. $288,754
Construction Management Brelje & Race Consulting Engineers $110,200 Design Brelje & Race Consulting Engineers $88,700
Contingency $75,000
Total $562,654
Packet Page 12 of 127
RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING A CONSTRUCTION AGREEMENT WITH MICHAEL PAUL CO, INC. AND A

PROFESSIONAL SERVICE AGREEMENT WITH BRELJE & RACE CONSULTING

ENGINEERS FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBJECT

AGREEMENTS AND ANY NEEDED CHANGE ORDERS OR AMENDMENTS UP TO

THE AUTHORIZED PROJECT BUDGET
WHEREAS, the City owns and operates a sewer collection system and relies on the Santa Rosa Subregional Wastewater Treatment Plant for wastewater treatment, and the costs for treating the wastewater make up nearly 80 percent of the City’s sewer enterprise fund costs and these costs are directly proportional to the amount of flow sent to the Wastewater Plant for treatment; and
WHEREAS, the City can reduce its wastewater treatment costs by decreasing the amount of groundwater and rainwater entering the collection system through joints and cracks in the pipelines and manholes, and to this end, the City has identified locations to repair the sewers and created a contract earlier this year to design and obtain a contractor to make these repairs; and
WHEREAS, the City completed video inspections of areas suspected of having high inflow and infiltration, and, as part of this inspection process, sewer defects were located and described; and
WHEREAS, this information was provided to Brelje and Race Consulting Engineers to design a project to repair the defects, and sewer pipelines in both West Sierra Avenue and Cypress Avenue had a significant number of structural deficiencies and are significant because these sewers are within streets slated for paving in the near-term; and WHEREAS, on May 9, 2023, City Council approved a professional services agreement with Brelje and Race Consulting Engineers to design and prepare bid documents for the Cypress Avenue Sewer Repairs Project; and
WHEREAS, the design has been completed and, in October 2023, a request for bids was put out for the repairs of Cypress Avenue’s sewer; and
WHEREAS, on December 5, 2024, the City received and opened four bids for the Project, and the apparent low bidder is Michael Paul Co, Inc. with a bid of $288,754, which is

12.3 percent below the engineer’s estimate; and
WHEREAS, City Staff requested and Brelje and Race Consulting Engineers provided a proposal for Construction Management and Inspection Services, and Staff has reviewed the proposal and finds it to be fair and reasonable; and
WHEREAS, the adopted annual City budget includes the Cypress Avenue Sewer Packet Page 13 of 127
Repairs Project for an amount of $783,700, and, accounting for the design, construction contract, the Construction Management and Inspections agreement and a contingency of 15 percent, the total proposed Project budget is $562,654, which is below the authorized Project budget amount and no additional budget appropriation is being requested; and WHEREAS, the project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) Guidelines as it consists of the repair and maintenance of an existing facility.

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

1. Approves the construction contract with Michael Paul Co. Inc. for an amount of $288,754, and

2. Approves the professional services agreement with Brelje and Race Consulting Engineers for Construction Management and Inspection services for an amount of $110,200, and

3. Authorizes the City Manager, or designee, to execute the subject agreements and any needed change orders or amendments up to the authorized Project budget amount.

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 December 12th, 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
Attachments:

Packet Page 14 of 127

BID TABULATION SUMMARY SHEET
Cypress Avenue Sewer Replacement Project
Bid Opening Date: 10/24/2023
Engineers Estimate: $329,350.00
Item No. Item Description Estimated Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 Utility Clearances 1 LS $5,000.00 $5,000.00 $14,000.00 $14,000.00 $8,500.00 $8,500.00 $19,000.00 $19,000.00 $57,000.00 $57,000.00 2 Construct 6-inch Sanitary Sewer 266 LF $350.00 $91,350.00 $319.00 $84,854.00 $350.00 $93,100.00 $461.00 $122,626.00 $1,160.00 $308,560.00 3 Connection to Existing Sanitary
Sewer
36 EA $500.00 $17,000.00 $1,000.00 $36,000.00 $650.00 $23,400.00 $400.00 $14,400.00 $100.00 $3,600.00 4 Replace Service Lateral 17 EA $6,000.00 $102,000.00 $3,500.00 $59,500.00 $6,100.00 $103,700.00 $7,050.00 $119,850.00 $12,000.00 $204,000.00 5 Existing Manhole Connection 6 EA $5,000.00 $30,000.00 $4,100.00 $24,600.00 $1,600.00 $9,600.00 $3,000.00 $18,000.00 $325.00 $1,950.00 6 Manhole Rehabilitation 5 EA $10,000.00 $50,000.00 $5,000.00 $25,000.00 $7,000.00 $35,000.00 $10,000.00 $50,000.00 $8,200.00 $41,000.00 7 Curb, Gutter, Sidewalk
Restoration
8 EA $1,000.00 $8,000.00 $3,100.00 $24,800.00 $1,800.00 $14,400.00 $4,215.00 $33,720.00 $2,100.00 $16,800.00 8 Driveway Restoration 1 EA $1,000.00 $1,000.00 $16,000.00 $16,000.00 $6,700.00 $6,700.00 $8,000.00 $8,000.00 $3,100.00 $3,100.00 9 Sheeting, Shoring, Bracing 1 LS $25,000.00 $25,000.00 $4,000.00 $4,000.00 $15,500.00 $15,500.00 $29,000.00 $29,000.00 $6,000.00 $6,000.00 TOTAL $329,350.00 $288,754.00 $309,900.00 $414,596.00 $642,010.00 Engineers Estimate Michael Paul Co, Inc. Corcus Construction, Inc. Arhonaut Constructors Ghillotti Brothers Packet Page 15 of 127
City of Cotati
Sonoma County, California
________________________________________________________________

NOTICE OF AWARD
Dated: December 13, 2023
To: Michael Paul Co, Inc.

Attn: Julia Maher
1200 Casa Grande Road
Petaluma, CA. 94954
CONTRACT FOR: Cypress Avenue Sewer Repair Project
The Cotati City Council, at their meeting on December 12, 2023, awarded the subject project to Michael Paul Co. , Inc. and authorized the City Manager to execute the construction contract for an amount amount not to exceed $288,754.

Accompanying this notice is an electronic copy if the contract documents for your signature.

Please return two signed agreements along with your bonds and certificates of insurance. After the contract has been executed, one signed set will be returned to you.

Once we have received the executed agreements and required bid and insurance documents, a pre-construction job conference is required and a Notice to Proceed will be issued. Your firm will be contacted regarding available dates for this conference.

I am looking forward to working with your firm, and to the successful completion of this project.

CITY OF COTATI,
A General Law City of the State of California
By: ___________________________________
Craig A. Scott, P.E
Director of Public Works/City Engineer
Packet Page 16 of 127
December 1, 2023
Craig Scott
City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
Subject: Proposal for Construction Phase Services
Cypress Avenue Sewer Repairs
B&R File No. 4656.06
Dear Craig:

The Cypress Avenue Sewer Repairs project performs sewer repairs at various locations on the sewer in Cypress Avenue between West Sierra Avenue and approximately 150 feet south of the southerly intersection with Oretsky Way. The project has been designed and is currently out to bid. It is understood that the City desires Brelje & Race to provide a proposal for Construction Phase Services.

Brelje & Race proposes to provide all required construction phase services generally described as comprehensive construction management services including construction observation. Brelje & Race will arrange for an conduct the preconstruction conference, review the contractors proposed schedule, review and process submittals and shop drawings, respond to RFIs, prepare and process and agreedupon change orders, prepare and submit applications for payment to the City, participate in progress meetings, perform daily construction observation and prepare daily reports, perform compaction testing, participate in the final inspections with City staff and provide notice of substantial completion, and prepare record drawings and transmit them together with a photo log to the City.

We propose to perform the above work on a time-and-materials, not-to-exceed basis within a budget of $110,200. The Task, Work Hour and Cost Tabulation and a copy of our current Services Rate Schedule is enclosed. The work hours listed for construction observation assume a construction duration of not more than 30 working days.

We appreciate this opportunity to provide professional engineering services. Please do not hesitate to contact me should there be any questions regarding this proposal.

Very truly yours,

BRELJE & RACE
_______
B
Senior Principal
Packet Page 17 of 127
Construction Phase Services for Cypress Avenue Sewer Repairs City of Cotati
TASK, WORK HOUR and COST TABULATION
November 28, 2023

TASK DESCRIPTION WORKHOURS
Senior
Principal
Managing
Engineer
Engineer I CAD
Technician
Construction Subconsultant ($)
Engineer Name
Beazor Stetina RGH
1 1.01 Project Management 8
2 24
4 4
6 6
8 12
6 Construction Phase 1.02 Pre-Construction Conference 2 2 Services 1.03 Schedule Review

1.04 Submittals and Shop Drawings

1.05 Change Orders and RFIs

1.06 Applications for Payment

1.07 Progress Meetings

1.08 Construction Observation

1.09 Compaction Testing
2 2
2 24
4 4
8 1 240
1 2
4 $20,000

1.10 Final Inspection and Substantial Completion Notice

1.11 Record Drawings
3 1
22 6
2 82
4 2
0 6
36 8
Subtotal 12 $20,000
Total Hours
Hourly Rate
Subtotal Cost
22 $250
$5,500
82 $220
$18,040
36 $185
$6,660
12 $145
$1,740
258
$180
N/A
N/A
$46,440 $20,000
SUBTOTAL $98,380
$9,800
$0
CONTINGENCY 10%

REPRO & PLOT

SUBCONSULTANT
MARK-UP 10% $2,000
TOTAL $110,200
Packet Page 18 of 127

SERVICES RATE SCHEDULE
EFFECTIVE MARCH 1, 2023

PROFESSIONAL SERVICES
Senior Principal................................................................................................................$250.00/hour Associate Principal............................................................................................................235.00/hour Associate (Managing Engineer).......................................................................................220.00/hour Senior Project Advisor .....................................................................................................215.00/hour Senior Engineer .................................................................................................................210.00/hour Engineer II .........................................................................................................................195.00/hour Engineer I...........................................................................................................................185.00/hour Engineering Technician II ...............................................................................................170.00/hour Engineering Technician I.................................................................................................160.00/hour Senior Planner....................................................................................................................185.00/hour Planner ................................................................................................................................160.00/hour Senior Surveyor..................................................................................................................190.00/hour Surveyor..............................................................................................................................175.00/hour Survey Technician .............................................................................................................165.00/hour CAD Technician Supervisor............................................................................................170.00/hour CAD Designer...................................................................................................................150.00/hour CAD Technician................................................................................................................145.00/hour Engineering Intern............................................................................................................130.00/hour Construction Engineer .....................................................................................................180.00/hour Construction Technician II..............................................................................................155.00/hour Construction Technician I...............................................................................................130.00/hour Technical Writer................................................................................................................125.00/hour EXPERT WITNESS & MEDIATION SERVICES $600.00/hour
$220.00/hour
$300.00/hour
$370.00/hour

FIELD SURVEYING
One-man Party
(Including Survey Equipment & Vehicle)
Two-man Party
(Including Survey Equipment & Vehicle)
Three-man Party
(Including Survey Equipment & Vehicle)
CLERICAL SERVICES $95.00/hour
Cost + 10% Handling Charge
Cost + 10% Handling Charge

OUTSIDE CONSULTANTS

OUTSIDE PLOTTING AND REPRODUCTION

IN-HOUSE PLOTTING
Vellum or Bond
Mylar
$8.00/sheet

20.00/sheet
Note
Brelje & Race does not charge separately for many of the expenses that are traditionally recouped from the Client as “reimbursable”. The hourly rates listed above are inclusive of all expenses for vehicle mileage, surveying materials, incidental copying services and computer hardware, software and other information technology costs.

Packet Page 19 of 127
Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: Second Reading and Adoption 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: December 12, 2023
Written by: Autumn Buss, Associate Planner
Recommendation
It is recommended by the Community Development Department and the Planning Commission that the City Council conduct the second reading and adoption 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;

2. Publish and adhere to policies and procedures that demonstrate the intent to operate as Packet Page 20 of 127
“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 were unable to attend the October 17 meeting, and again received unanimous support for the Packet Page 21 of 127
proposed overlay zone.

This item was introduced by the City Council in a duly noticed Public Hearing on November 28, 2023.

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.

Packet Page 22 of 127
• Any units in the Countryside MHP which are not currently compliant with the proposed age restriction would be considered “legally nonconforming” and the 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 Packet Page 23 of 127
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.

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, Packet Page 24 of 127
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.

Packet Page 25 of 127
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 26 of 127
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 27 of 127
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
Packet Page 28 of 127
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
Packet Page 29 of 127
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 30 of 127
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 31 of 127
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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CE Commercial, East Cotati Ave.

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 34 of 127
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.

C. Allowable Land Uses and Planning Permit Requirements.

17.28.030(C)(2) to be violated, rented or leased the space or mobilehome before the effective Packet Page 35 of 127
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.

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F. Violations

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: INTRODUCED [UNANIMOUS]
MOVER: Sylvia Lemus, Councilmember
SECONDER: Kay Rivers, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
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 December 12, 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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Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: INTERIM URGENCY ORDINANCE PROHIBITING THE CONVERSION OF

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

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

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

City staff followed up on the request and found that the Countryside Mobile Home Park (Owners) sent the mobilehome park owners (Residents) a “Notice of Meeting Regarding Proposed Amendment to Park Rules and Regulations”, dated July 26, 2023. The notice also included a copy of the “Parks Proposed Rules and Regulations”, and set the required meeting to consult over the proposed rule changes on August 10, 2023. The proposed changes, among other things, will remove the senior-only restriction and make the park an all-ages park. The August 10, 2023 meeting was held by the Owners to meet the statutory “meeting and consultation” requirements prior to park rule changes (Civil Code 798.25(b)). If the August 10, 2023 meeting satisfies the meeting and consultation requirement under the civil code, the proposed park rule Packet Page 40 of 127
revisions will go into effect 6 months after the August 10, 2023 meeting (February 6, 2024).

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

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

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

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

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

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

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

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

Analysis/Discussion
The City is committed, through its General Plan Housing Element, to preserving the City's existing affordable housing stock and to maintaining housing for special needs groups like senior Packet Page 41 of 127
citizens. (General Housing Element: Goal 1.) In contrast with other senior housing in the City, mobilehome parks provide seniors with independence and the ability to live in their own homes rather than in apartments or assisted living communities. Seniors-only mobilehome parks also provide seniors with the opportunity to live in a senior living community in a low-rise setting.

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

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

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

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

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

City of Huntington Beach
In August of 2013, the City of Huntington Beach adopted an interim ordinance establishing a moratorium on the conversion of seniors-only mobilehome parks due to the lack of senior housing options in and around the City of Huntington Beach. In September of 2013, the City Packet Page 42 of 127
Council extended the moratorium on the conversion of seniors-only mobilehome parks for an additional 7 months and 15 days.

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

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

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

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

Financial Considerations
There is no direct financial impact to the City by imposing an urgency ordinance. However, drafting an updated ordinance is likely to take significant staff time, which may delay other projects currently in the Community Development workplan. Projects which were identified as higher priority for multiple City Councilmembers include:
• Bicycle and Pedestrian Plan Update
• Develop Objective Design Guidelines, "Plex"/SFD (SB9) Other City Council priorities in the Community Development workplan include:
• Santero Way Specific Plan/Zoning Update
• Implement Housing Administration Program
• Update Digital Permit Management Software
• Monitor and Implement New State Housing Legislation
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• Post-Covid Economic Development Program
• General Plan Safety Element Update
Therefore, direction on relative priority from the City Council, presumably on the “other” priorities, is requested. Of these projects, from the staff perspective, the lowest priority discretionary project is the General Plan Safety Element Update.

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

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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 60 of 127
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: CONSENT CALENDAR (ACTION)
To: City Council
Subject: PURCHASE OF BUDGETED VEHICLES
Date: December 12, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended that the City Council by Motion authorize the City Manager to approve the purchase of budgeted vehicles and to execute any necessary agreements to carry out the approved purchases, including upfitting, and electric vehicle infrastructure, not to exceed the authorized budget amount by fund.

Background
On May 23, 2023, the City Council adopted the Fiscal Year 2023/24 budget. Included in the budget is funding for programmed vehicle replacements. To meet the City Council’s climate change goals and objectives while simultaneously reducing operating costs, the City has prioritized the purchase of battery electric vehicles if available in any given vehicle category.

All electric vehicles charged at City facilities use 100% renewable Sonoma Clean Power, as all electricity purchased by the City is Evergreen.

Analysis/Discussion
To reduce maintenance costs, improve safety, and lower emissions, the City is continuing to cycle out older vehicles that are reaching the end of their service life. As the City purchases new vehicles, the vehicles and equipment at the end of their service lives are retired and sold per our fixed asset policy.

Vehicles are purchased under a pooled vehicle bid, which generally results in the best possible purchase price. Police vehicles and Public Works utility trucks arrive from the dealer without being “upfitted”. This primarily consists of adding light bars, radios, and other similar items specific to each agency, and therefore is not pre-installed. The upfit is part of the total cost of the Packet Page 75 of 127
car and is performed by a third-party installer. In general, third-party equipment has been very delayed due to general supply chain issues, often delaying the upfit of a car 4-6 months.

For Public Works, the 1998 Ford F800 Dump Truck is not allowed under California Air Resources Board Regulations to be operational as it was to be upgraded to a 2010 or more recent engine model year by January 1, 2020. The City sought to replace this vehicle in 2019, however, the order was never filled due to its eventual unavailability. Staff has cancelled that order and solicited quotes for a new model to be compliant with the air quality regulations. The City’s 2003 GMC C6500 flat-bed diesel truck is also non-operational due to the requirement of needing to be replaced by January 1, 2021. Both heavy trucks will be replaced with complaint internal combustion engine models, as there is are currently no viable battery electric alternatives.

The highest priority vehicles to convert to battery electric are police patrol vehicles, due to their high usage. The current internal combustion engine (ICE) patrol vehicles have an average fuel efficiency of 9 miles per gallon (mpg), are more expensive to operate and maintain than a battery electric vehicle (BEV) and have a lower resale value at end of life. BEV’s also do not emit any emissions and would be recharged on municipal electricity, which is 100% renewable Sonoma Clean Power Evergreen. Although the BEV is more expensive to purchase upfront, based on fuel savings alone, it is expected to be less expensive to operate over its service life. The City has made progress replacing its gas fleet with electric vehicles with currently 6 battery electric vehicles in operation (4 police patrol vehicles, 2 City Hall fleet cars). Two additional internal combustion engine police vehicles are proposed to be replaced with electric in the current fiscal year.

Financial Considerations
In the Fiscal Year 2023/24 budget, the following table indicates the vehicles planned for replacement and the initial amounts budgeted:

Description Water
Fund
Sewer
Fund
General
Fund
Total
CG183PW – Ford – F800 – Dump truck $50,000 $50,000 $25,000 $125,000 CG192PW – GMC – C6500 – Flat bed dump truck $24,500 $24,500 $49,000 $98,000 CA004PD - Ford - Police Interceptor Utility SUV $0 $0 $45,000 $45,000 CA005PD - Ford - Police Interceptor Utility SUV $0 $0 $56,000 $56,000 Total $74,500 $74,500 $175,000 $324,000
With supply chain shortages on some specialized components, general inflationary pressures, and the higher purchase price of vehicles in general, the purchase of some vehicles may need to be delayed to stay within the budget. If budget issues arise, staff will determine which vehicles need replacement this year, and which can be safely and economically postponed to a future year.

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If authorized, vehicle purchases would stay within the indicated budgeted amounts in each fund, targeting the highest use and most polluting vehicles for battery electric vehicles.

Environmental Issues
The action of purchasing replacement vehicles 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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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: AWARD OF THE REDWOOD DRIVE AND CYPRESS AVENUE

PAVEMENT REHABILITATION PROJECT
Date: December 12, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a resolution awarding the Redwood Drive and Cypress Avenue Pavement Rehabilitation Project construction contract and authorizing the City Manager to execute the construction contract and any needed change orders or amendments to supporting professional agreements up to the authorized Project amount.

Background
The City has five projects on the Sonoma County Transportation Authority’s Cycle 1 Funding Program. The Funding Program capitalizes on funding opportunities by best matching agency projects with available funding sources. One of the City’s projects, the Redwood Drive and Cypress Avenue Road Rehabilitation Project (Project), has been selected to receive Locally Administered Senate Bill 1 Local Partnership Program (Formulaic) funds (LPP SB1) for Fiscal Year 22/23, for an amount of $946,000.

Analysis/Discussion
On December 13, 2022, the City Council approved a professional services agreement with GHD, Inc, to prepare Plans, Specifications, and Estimates (PS&E), State Environmental Review documents, and State Right of Way certification documents. The Cost of these services are budgeted at 323,880. The documents were prepared, and approvals secured from Caltrans, then, on June 28, 2023, the California Transportation Commission (CTC) approved allocation of the LPP SB1 funds for the Project. CTC funding requires the City to award the Project’s construction contract within 6 months of the allocation which is in late December 2023.

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In November 2023, the City advertised the Project for bidding with bids opened on December 5, 2023. Four bids were received with the low bid from Argonaut Constructors for an amount of $2,593,340, which is 17.9% below the engineer’s estimate.

GHD, Inc. was determined to be the most qualified to provide Construction Management and Inspection services for the Project from the competitive selection process conducted in April 2022. Therefore, Staff requested and GHD, Inc. provided the attached proposal in the amount of to provide Construction Management and Inspection services for an amount of $342,033. Staff has reviewed the proposal and find it to be fair and reasonable.

City Staff are also proposing a contingency of $325,925 or approximately 10% of the total project cost of $3,259,253, bringing the total project including contingency to $3,585,178. See summary of costs below:

Financial Considerations
The City’s adopted FY23/24 Annual Budget includes the Project for an amount of $2,996,253, and the City’s Capital Improvement Program includes $1,500,000 for Fiscal Year 24/25, for a total Project budget of $4,756,000. With the bids and proposals received, the total requested Project budget is $3,585,178, which is a reduction in the projected total project cost of $1,171,075. These costs are to be allocated across the fiscal years as summarized in the following table:

Prior to FY24 FY24 FY25 Total
Budget $260,000 $2,996,253 $1,500,000 $4,756,000
Requested $260,000 $2,996,253 $328,925 $3,585,178
Adjustment $0 $0 -$1,171,075 -$1,171,075
No adjustment is being requested for City’s adopted FY23/24 budget and an appropriation of $328,925 (down from $1,500,000) is to be earmarked for completion of the project after July 1, 2024.

Environmental Issues
An environmental review for the Project was conducted and the Project was determined to be Categorically Exempt in accordance with the California Environmental Quality Act for Class 1 Project Classification Contract Vendor Amount
Construction Argonaut Constructors $2,593,340
Construction Management GHD Inc. $342,033
Design GHD, Inc. $323,880
Contingency $325,925
Total $3,585,178
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and 2, Sections 15301, minor alteration to an existing public street, and 15302, replacement or reconstruction of existing structures or facilities.

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RESOLUTION NO.

RESOLUTION OF THE CITY OF COTATI CITY COUNCIL AWARDING THE

REDWOOD DRIVE AND CYPRESS AVENUE STREET REHABILITATION

PROJECT CONSTRUCTION CONTRACT AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, AND ANY

NEEDED CHANGED ORDERS OR AMENDMENTS UP TO THE AUTHORIZED

PROJECT BUDGET AMOUNT
WHEREAS, the City has five projects on the Sonoma County Transportation Authority’s Cycle 1 Funding Program., and the Funding Program capitalizes on funding opportunities by best matching agency projects with available funding sources; and WHEREAS, one of the City’s projects, the Redwood Drive and Cypress Avenue Road Rehabilitation Project (Project), has been selected to receive Locally-Administered Senate Bill 1 Local Partnership Program (Formulaic) funds (LPP SB1) for Fiscal Year 22/23, for an amount of $946,000; and
WHEREAS, on December 13, 2022, City Council approved a professional services agreement with GHD, Inc, to prepare Plans, Specifications, and Estimates (PS&E), State Environmental Review documents, and State Right of Way certification documents, and these documents were prepared and approvals secured from Caltrans, then, on June 28, 2023, the California Transportation Commission (CTC) approved allocation of the LPP SB1 funds for the Project, and CTC funding requires the City to award the Project’s construction contract within 6 months of the allocation which is in late December 2023; and WHEREAS, in November 2023, the City advertised the Project for bidding with bids opened on December 5, 2023, and four bids were received with the low bid from Argonaut Constructors for an amount of $2,593,340, which is 17.9% below the engineer’s estimate; and WHEREAS, GHD, Inc. was determined to be the most qualified to provide Construction Management and Inspection services for the Project from the competitive selection process conducted in April 2022, therefore, Staff requested and GHD, Inc. provided the attached proposal to provide Construction Management and Inspection services for the Project, and Staff has reviewed the proposal and finds it to be fair and reasonable; and WHEREAS, the City’s adopted FY23/24 Annual Budget includes the Project for an amount of $2,996,253, and the City’s Capital Improvement Program includes $1,500,000 for Fiscal Year 24/25, for a total Project budget of $4,756,000. Accounting for design, the construction contract, Construction Management and Inspection, and a 10 percent contingency, the total requested Project budget is $3,585,178, which is a reduction in the projected total project cost of $1,171,075; and
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WHEREAS, therefore, no adjustment is being requested for the Project’s budget included in the City’s adopted FY23/24 budget and an appropriation of $328,925 (down from $1,500,000) is requested and is not to be spent on the Project until after July 1, 2024; and WHEREAS, an environmental review for the Project was conducted and the Project was determined to be Categorically Exempt in accordance with the California Environmental Quality Act for Class 1 and 2, Sections 15301, minor alteration to an existing public street, and 15302, replacement or reconstruction of existing structures or facilities.

NOW THEREFORE BE IT RESOLVED, that

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

2. The construction contract for the Project is awarded to Argonaut Constructors for $2,593,340; and

3. The Construction Management and Inspection Agreement with GHD, Inc. for $342,033, is approved; and

4. The total Project Budget of $3,585,178, is approved with $328,925, to be spent after July 1, 2024; and

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

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 December 12, 2023, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
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Approved as to form:______________________________
City Attorney
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BID TABULATION SUMMARY SHEET
Redwood Drive and Cypress Avenue Pavement Rehabilitation Project Bid Opening Date: 12/5/2023
Engineers Estimate: $3,159,545.50
Item No. Item Description Estimated Quantity Unit Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 Mobilization 1 LS $241,055.00 $241,055.00 $198,000.00 $198,000.00 $263,000.00 $263,000.00 $200,000.00 $200,000.00 $300,000.00 $300,000.00 2 Traffic Control and Construction Area
Signs 1
LS $214,400.00 $214,400.00 $66,400.00 $66,400.00 $125,000.00 $125,000.00 $71,861.00 $71,861.00 $182,000.00 $182,000.00 3 Prepare and Implement Water
Pollution Control Program 1
LS $15,000.00 $15,000.00 $12,000.00 $12,000.00 $10,000.00 $10,000.00 $13,735.00 $13,735.00 $9,000.00 $9,000.00 4 Remove Yellow Thermoplastic/Painted
Traffic Stripe
1 LS $10,000.00 $10,000.00
$10,000.00 $10,000.00 $10,000.00 $10,000.00 $16,500.00 $16,500.00 $10,500.00 $10,500.00 5 Remove Concrete 2,010 SF $13.50 $27,135.00 $4.00 $8,040.00 $12.00 $24,120.00 $30.00 $60,300.00 $9.50 $19,095.00 6 Remove Sign 4 EA $150.00 $600.00 $100.00 $400.00 $100.00 $400.00 $100.00 $400.00 $500.00 $2,000.00 7 Remove Sign, Post, and Foundation
9 EA $450.00 $4,050.00 $200.00 $1,800.00 $200.00 $1,800.00 $200.00 $1,800.00 $400.00 $3,600.00 8 Remove and Replace Unsuitable
Material- Miscellaneous Concrete 10
CY $180.00 $1,800.00 $550.00 $5,500.00 $500.00 $5,000.00 $565.00 $5,650.00 $850.00 $8,500.00 9 Remove and Replace Unsuitable
Material- Roadway Section 270 CY $280.00 $75,600.00 $410.00 $110,700.00 $500.00 $135,000.00 $450.00 $121,500.00 $165.00 $44,550.00 10 Cold Plane Asphalt Concrete
Pavement- 6-inch Depth 10,280 SY $11.00 $113,080.00 $7.50 $77,100.00 $9.00 $92,520.00 $10.00 $102,800.00 $11.00 $113,080.00 11 Conform Grind 1,460 SY $4.50 $6,570.00 $7.50 $10,950.00 $9.00 $13,140.00 $16.00 $23,360.00 $23.00 $33,580.00 12 Remove and Replace/Adjust Water
Valve Covers and Box Covers to Grade
(City of Cotati) (Water)
40 EA $1,100.00 $44,000.00 $1,400.00 $56,000.00 $1,250.00 $50,000.00 $1,350.00 $54,000.00 $1,320.00 $52,800.00 13 Remove and Replace/Adjust Sanitary
Sewer Cleanout and Manhole Covers
to Grade (City of Cotati) (Sewer)
19 EA $1,450.00 $27,550.00 $2,000.00 $38,000.00 $2,250.00 $42,750.00 $2,286.00 $43,434.00 $1,320.00 $25,080.00 14 Adjust Storm Drain Manhole Covers to
Grade (City of Cotati) (Storm Drain)
7 EA $1,350.00 $9,450.00 $3,100.00 $21,700.00 $2,250.00 $15,750.00 $2,304.00 $16,128.00 $1,750.00 $12,250.00 15 Adjust Survey Monument Covers to
Grade (City of Cotati) 8 EA $1,350.00 $10,800.00 $2,000.00 $16,000.00 $1,250.00 $10,000.00 $1,890.00 $15,120.00 $1,750.00 $14,000.00 16 Adjust Gas Valve Covers to Grade
(PG&E) (Electric) 9 EA $1,000.00 $9,000.00 $2,200.00 $19,800.00 $1,250.00 $11,250.00 $1,384.00 $12,456.00 $1,750.00 $15,750.00 17 Adjust Electric Box Covers to Grade
(PG&E) (Electric) 5 EA $1,150.00 $5,750.00 $2,600.00 $13,000.00 $525.00 $2,625.00 $2,520.00 $12,600.00 $1,750.00 $8,750.00 18 Adjust Communication Manhole to
Grade (AT&T) (Comm) 3 EA $1,150.00 $3,450.00 $3,300.00 $9,900.00 $2,900.00 $8,700.00 $2,520.00 $7,560.00 $1,750.00 $5,250.00 19 Earthwork Export (Full Depth
Reclamation) 2,000 CY $50.00 $100,000.00 $50.00 $100,000.00 $50.00 $100,000.00 $55.00 $110,000.00 $100.00 $200,000.00 20 Portland Cement (Full Depth
Reclamation) 250 TON $160.00 $40,000.00 $240.00 $60,000.00 $185.00 $46,250.00 $185.00 $46,250.00 $195.00 $48,750.00 21 Full Depth Reclamation 11,700 SY $13.95 $163,215.00 $14.00 $163,800.00 $8.05 $94,185.00 $10.50 $122,850.00 $10.50 $122,850.00 22 Micro-Cracking Treated Base 11,700 SY $0.50 $5,850.00 $0.50 $5,850.00 $0.15 $1,755.00 $0.90 $10,530.00 $0.15 $1,755.00 23 6-Inch HMA Digouts and Repairs 1,900 SF $8.00 $15,200.00 $20.00 $38,000.00 $24.00 $45,600.00 $15.00 $28,500.00 $24.00 $45,600.00 24 Hot Mix Asphalt (Type A - 1/2-inch
Maximum) 3,900 TON $209.00 $815,100.00 $145.00 $565,500.00 $150.00 $585,000.00 $163.00 $635,700.00 $174.00 $678,600.00 25 Hot Mix Asphalt (Type A - 3/4-inch
Maximum) 3,820 TON $209.00 $798,380.00 $155.00 $592,100.00 $150.00 $573,000.00 $163.00 $622,660.00 $172.00 $657,040.00 26 Type II Polymer Modified Slurry Seal
104,400 SF $1.20 $125,280.00 $0.65 $67,860.00 $0.78 $81,432.00 $0.78 $81,432.00 $1.15 $120,060.00 Engineer's Estimate Argonaut Ghilotti Bros, Inc. Team Ghilotti Mountain Cascade Inc.

Packet Page 84 of 127
27 Install New Sign on Existing Post 5 EA $250.00 $1,250.00 $200.00 $1,000.00 $200.00 $1,000.00 $200.00 $1,000.00 $212.00 $1,060.00 28 Install New Sign on New Metal Post
and Foundation 27 EA $400.00 $10,800.00 $450.00 $12,150.00 $450.00 $12,150.00 $450.00 $12,150.00 $475.00 $12,825.00 29 Install New Sign on New Wood Post
and Foundation 3 EA $450.00 $1,350.00 $400.00 $1,200.00 $400.00 $1,200.00 $400.00 $1,200.00 $425.00 $1,275.00 30 Minor Concrete - Curb and Gutter 120 LF $55.00 $6,600.00 $120.00 $14,400.00 $118.00 $14,160.00 $96.00 $11,520.00 $111.00 $13,320.00 31 Minor Concrete - Sidewalk 1,710 SF $18.00 $30,780.00 $23.00 $39,330.00 $25.00 $42,750.00 $20.00 $34,200.00 $27.00 $46,170.00 32 Minor Concrete - Pedestrian Curb
Ramp 12 EA $700.00 $84,000.00 $8,500.00 $102,000.00 $4,800.00 $57,600.00 $6,250.00 $75,000.00 $4,390.00 $52,680.00 33 Pavement Markings 2,420 SF $6.50 $15,730.00 $8.00 $19,360.00 $8.00 $19,360.00 $8.00 $19,360.00 $8.50 $20,570.00 34 Green Bike Lane Marking 1,600 SF $13.00 $20,800.00 $13.00 $20,800.00 $13.00 $20,800.00 $13.00 $20,800.00 $14.00 $22,400.00 35 6-inch Diagonal Buffer Stripe 1,370 LF $2.00 $2,740.00 $1.50 $2,055.00 $1.50 $2,055.00 $1.50 $2,055.00 $1.60 $2,192.00 36 Lane Line, Detail 8 130 LF $2.00 $260.00 $2.00 $260.00 $2.00 $260.00 $2.00 $260.00 $2.10 $273.00 37 No Passing Zones - Two Direction,
Detail 22 4,390 LF $3.00 $13,170.00 $5.00 $21,950.00 $5.00 $21,950.00 $5.00 $21,950.00 $5.30 $23,267.00 38 Right Edgeline, Detail 27B 10,230 LF $1.75 $17,903.00 $2.00 $20,460.00 $2.00 $20,460.00 $2.00 $20,460.00 $2.10 $21,483.00 39 Right Edgeline Extension, Detail 27C
510 LF $2.00 $1,020.00 $1.50 $765.00 $1.50 $765.00 $1.50 $765.00 $1.60 $816.00 40 Median Island, Detail 29 1,100 LF $7.00 $7,700.00 $10.00 $11,000.00 $10.00 $11,000.00 $10.00 $11,000.00 $10.60 $11,660.00 41 Two-Way Left Turn Lanes, Detail 32
710 LF $7.00 $4,970.00 $10.00 $7,100.00 $10.00 $7,100.00 $10.00 $7,100.00 $10.60 $7,526.00 42 Channelizing Line, Detail 38 720 LF $2.50 $1,800.00 $4.00 $2,880.00 $4.00 $2,880.00 $4.00 $2,880.00 $4.25 $3,060.00 43 Bike Lane Line Detail 39 7,390 LF $2.00 $14,780.00 $2.00 $14,780.00 $2.00 $14,780.00 $2.00 $14,780.00 $2.10 $15,519.00 44 Intersection Line Bike Lane, Detail 39A
1,120 LF $2.00 $2,240.00 $1.50 $1,680.00 $1.50 $1,680.00 $1.50 $1,680.00 $1.60 $1,792.00 45 Two-Way Blue Retroreflective
Pavement Markers 24 EA $12.00 $288.00 $12.00 $288.00 $12.00 $288.00 $12.00 $288.00 $12.75 $306.00 46 Median Island Treatment (Object
Marker & Pavement Markers) 1 LS $3,000.00 $3,000.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00 $1,275.00 $1,275.00 47 Pavement Mat 10,300 SY $3.50 $36,050.00 $2.94 $30,282.00 $2.95 $30,385.00 $4.89 $50,367.00 $3.65 $37,595.00 Total $3,159,546.00 $2,593,340.00 $2,632,100.00 $2,747,141.00 $3,031,504.00 Packet Page 85 of 127
City of Cotati
Sonoma County, California
________________________________________________________________

NOTICE OF AWARD
Dated: December 13, 2023
To: Argonaut Constructors
Attn: Lance A Bushnell
360 Sutton Place
Santa Rosa, CA. 95407

CONTRACT FOR: Redwood Drive and Cypress Avenue Pavement Rehabilitation Project The Cotati City Council, at their meeting on December 12, 2023, awarded the subject project to Argonaut Constructors and authorized the City Manager to execute the construction contract for an amount amount not to exceed $2,593,340.

Accompanying this notice is an electronic copy if the contract documents for your signature.

Please return two signed agreements along with your bonds and certificates of insurance. After the contract has been executed, one signed set will be returned to you.

I am looking forward to working with your firm, and to the successful completion of this project.

CITY OF COTATI,
A General Law City of the State of California
By: ___________________________________
Craig A. Scott, P.E
Director of Public Works/City Engineer
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The Power of Commitment
GHD
2235 Mercury Way, Suite 150
Santa Rosa, CA 95405
United States
www.ghd.com
Our ref: 12627935
Wednesday, November 29, 2023
Mr. Craig A. Scott, Public Works Director/City Engineer City of Cotati
201 West Sierra Avenue
Cotati, CA 94931
Redwood Drive and Cypress Ave Pavement Rehab Project
Dear Craig,
GHD is pleased to provide this proposal for Construction Management and Inspection services for the Redwood Drive and Cypress Ave Pavement Rehab Project (Project).

Project Understanding
The Work includes pavement rehabilitation, including, but not limited to, miscellaneous demolition, clearing and grubbing, full depth reclamation, pavement grinding, conform grinding, crack sealing, hot mix asphalt overlay, pavement striping and signing. The work also includes replacement or enhancements of pedestrian curb ramps for ADA accessibility, concrete sidewalk replacement, curb and gutter replacement, temporary traffic control, notification of adjacent property owners, and other miscellaneous items of work.

The City of Cotati has now secured grant funding to construct the project, worked with GHD to complete the Contract Documents, and advertised for Construction bids opening on December 19, 2023.

It is expected that GHD will support the City by completing all required paperwork for City signature and submittal to Caltrans. The City has provided that the money will be entirely used for construction.

Additionally, the City has asked that GHD include bid phase support, engineering support during construction and construction management and inspection services to provide compete project delivery. GHD has included many of these tasks in a previous submittal, and this proposal will provide the Construction Management and Inspection services scope and fee.

Our scope of work and fee is outlined below for your consideration:

Scope of Work
Task 1 – Construction Management and Inspection
The GHD Team will provide Construction Management services, serve as extension of City staff, and foster the team approach to the project critical to successful completion. In addition to monitoring the Contractor’s activities for compliance with contract and funding requirements, the team will look ahead for potential challenges and work to mitigate them. We have budgeted 12 weeks of full-time Construction Inspection and part-time Construction Management to supplement City Staff. GHD will perform the following tasks:

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The Power of Commitment
12627935 | Redwood Drive and Cypress Ave Pavement Rehab Project 2 Task 1.1 Project Coordination and Meetings
Meet with City staff to discuss and coordinate issues with the project. This will be accomplished by site visits, project meetings, phone conversations, and email updates of the activities that occurred. GHD Construction Manager will prepare and run the pre-construction meeting and weekly meetings with City staff, Contractor, and other stakeholders.

Task 1.2 Document Preparation and Maintaining Project Records Maintain GHD project records, including daily logs, and photos. Prepare progress pay estimates, PCO’s and change orders, issues, RFIs and other correspondence. Review contractor’s schedules. Project records will be maintained in an organized manner for quick reference and are accessible to City staff as requested. Coordinate the submittal and shop drawing review process.

Task 1.3 Permit Compliance, Claims Management
Monitor contractor’s operations with respect to permit requirements. Provide claims prevention during the work, and limited Claims Management.

Task 1.4 Field Inspection, Photo Documentation and Daily Reports Provide full-time and part-time as needed, on-site construction inspector/observer to monitor the Contractor’s work for compliance with the contract documents, submittals, RFI’s, change orders, and coordination with businesses and residences along the route. Monitor Contractor’s preparation of record drawings. Provide photo documentation of the work. Prepare Daily Observation Reports and produce an audit ready set of project files.

Task 1.5 Materials Testing
Contract and coordinate with a qualified local materials tester to perform Quality Assurance testing.

Task 1.6 Public Coordination and Outreach
Coordination for public outreach efforts is anticipated for this project. Work with City Staff to notify the public of the upcoming work.

Task 1.7 Labor Compliance & Funding Reimbursement Invoicing Oversee Labor Compliance, including Certified Payroll Reports to confirm Contract compliance. Process Caltrans Invoicing for grant reimbursements.

Task 1.8 Project Closeout and Audit Preparation
Project completion including final change order negotiations, and final payments. Compile all required documents in an organized manner to produce an “Audit-Ready” set of files.

Assumptions
The scope of work is based on the following assumptions:
• Schedule: the project is anticipated to start in March 2024 and be substantially complete in July 2024. • Means and Methods. The Contractor is responsible for the means and methods on the project.

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The Power of Commitment
12627935 | Redwood Drive and Cypress Ave Pavement Rehab Project 3 • Control of Contractor’s Work. The Construction Management Team does not supervise or direct the Contractor’s Work. The Contractor is solely responsible for and has control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work. • Site Safety. The Contractor is solely responsible for site safety. • Compliance with Contract Requirements. The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Construction Management Team in the administration of the Contract, or by tests, inspections, or approvals required or performed by persons other than the Contractor.
• The estimated level of effort for the identified scope items is reflected in the fee proposal. The actual duration of the Contractor’s activities, unanticipated conditions, deficiencies in materials or workmanship, or other issues may require a higher level of effort. Budget may be reallocated between tasks, but the total authorized amount will not be exceeded without an amendment to the Agreement.

Contract Contingency
We recommend some project contingency, to be authorized by the City based on justification, for the construction management and inspection services, based on construction schedule for 2024. To account for potential scope increases/changes, we have included a contingency of approximately $16,599 or 5% of the total estimated budget for Task 1.

Project Schedule
Construction is anticipated to commence in early Spring 2024 and be completed by Mid-Summer 2024. The construction schedule is 60 working days.

Fee Estimate
The estimated fee for professional services is $325,434 without contingency and $342,033 with contingency.

See attachment for breakdown of the estimated fee.

Closing
It is assumed that upon agreement of the scope of work for these professional services, the City and GHD will enter into a professional services agreement
If you have any questions or comments regarding this proposal, please feel free to call me at 707-480-1531.

Sincerely,
GHD Inc.

Tim Dillenburg
Construction Manager
+1 707 236-1545
[email protected]
Jane Rozga, P.E.

Business Group Leader
707 843-0774
[email protected]
Copy to: Matt Wargula, PE, Jane Rozga, PE
Attachment: Fee Estimate Spreadsheet
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Project Name: Redwood Drive and Cypress Ave Pavement Rehab Project Client:

Prepared by: T. Dillenburg Date:

Reviewed by: C. Prairie
Job Number: 12627935 Hours Per Day 10
Working Days 60
LABOR CATEGORY > Resident Construction Project
Engineer Inspector Coordinator
RATE > $340 $285 $285 $210 $150
Task / Item /Hr /Hr /Hr /Hr /Hr
4 6 86 4 44 144 $1,152 $36,172
10 96 12 45 163 $1,304 $40,784

1.3 Permit Compliance, Claims Management 4 12 16 $128 $4,688 600 600 $12,000 $150,600
0 $0 $62,100 $62,100
2 16 16 34 $272 $7,802
36 36 $288 $5,688
44 10 16 70 $560 $17,600
4 22 254 626 157 1063 $15,704 $62,100 $325,434
PROJECT TOTALS $1,360 $6,270 $72,390 $150,600 $23,550 1,063 $15,704 $62,100 $325,434 Contingency (5%) $68 $314 $3,620 $7,530 $1,178 $785 $3,105 $16,599 $1,428 $6,584 $76,010 $158,130 $24,728 1063 $16,489 $65,205 $342,033

EXHIBIT B - PROJECT FEE ESTIMATING SHEET
City of Cotati
November 29, 2023

LABOR COSTS FEE COMPUTATION
*OTHER
DIRECT
COSTS
Sub-Consultants TOTAL FEE TOTAL
HOURS
Proj. Dir. /
QA/QC
Project
Manager
Task 1 - Construction Management and Inspection

1.1 Project Coordination and Meetings

1.2 Document Preparation & Maintaining Project Records (Pay Estimates, CCOs, RFIs, etc.)

1.4 Field Inspection, Photo Documentation, Daily Reports

1.5 Materials Testing

1.6 Public Coordination and Outreach

1.7 Labor Compliance and Funding Reimbursement Invoicing

1.8 Project Close-out and Audit Preparation
SUBTOTAL TASK 1
PROJECT TOTALS (with Contingency)
11/29/2023 Page 1
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: CONSIDERATION OF A PROFESSIONAL SERVICE
AGREEMENT WITH BELLECCI AND ASSOCIATES, INC.

FOR THE DESIGN OF THE SIDEWALK GAP CLOSURE

PROJECT
Date: December 12, 2023
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council adopt a Resolution approving a Professional Services Agreement with Bellicci and Associates, Inc. for the design of the Sidewalk Gap Closure Project and authorizing the City Manager, or Designee, to execute the agreement and any needed amendments up to the authorized project amount.

Background
The City has five projects on the Sonoma County Transportation Authority’s Cycle 1 Funding Program. The Funding Program capitalizes on funding opportunities by best matching agency projects with available funding sources. One of the funding programs is Go Sonoma, a Countywide sales tax to fund roadway improvements. Go Sonoma provides 12 percent of the sales tax revenue for Build Bikeways and Pathways projects. The City’s Sidewalk Gap Closure Project, one of the City’s five projects in the Cycle 1 Funding Program, is included in the first year (FY24/25) of the Build Better Bikeways and Pathways Program to receive $500,000.

Analysis/Discussion
The Project is to construct sidewalks to close gaps throughout the City, repair existing sections of sidewalk, in the identified areas including tripping hazards and upgrades to ADA ramps. The sections of roadways for the new and repaired sidewalks are shown in the attached proposal. The Project scope has been informed by efforts at least as far back as 2008, with the public outreach conducted for the Bicycle and Pedestrian Master Plans in 2008 and 2014, and more recently the development of the Local Road Safety Plan in 2021. The Project has been included in the City’s Capital Improvement Plan updates since 2021, which is presented annually to the Planning Packet Page 91 of 127
Commission. Additionally, the Project was discussed at the April 17, 2023 Planning Commission meeting where the members addressed how bicycle and pedestrian elements are included with street paving projects. The scope was intended to include the highest priority sidewalk gap closures that can be completed within the available budget.

In April 2022, the City issued a request for proposals and determined Bellecci and Associates, Inc. to be the best qualified to provide the design services for the Project. Staff requested and Bellecci provided a proposal for the Project and Staff has determined it to be fair and reasonable and recommends it for approval.

The Project’s schedule is for design to be completed by May 2024, bidding to be conducted in June and July 2024, and Construction to extend from July 2024, to October 2024. Contingent on the City receiving reasonable bids, the City Council will be asked to consider awarding a construction contract in the July and August 2024 time-frame.

Financial Considerations
The City’s adopted FY23/24 Budget includes $220,000 for designing the Project. The proposal from Bellecci and Associates, Inc. is for an amount not to exceed $166,632, and is below the authorized Project budget amount, therefore, no additional appropriation of funds are needed.

Environmental Issues
This action is exempt from the California Environmental Quality Act (CEQA) because approval of the professional services agreement 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. Environmental review will be conducted during the design and staff will bring an environmental review for City Council consideration and approval prior to final project approval.

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RESOLUTION NO.

APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH BELLECCI AND ASSOCIATES, INC. FOR THE DESIGN OF THE SIDEWALK GAP CLOSURE

PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT AND ANY NEEDED AMENDMENTS UP TO THE AUTHORIZED

PROJECT BUDGET
WHEREAS, the City has five projects on the Sonoma County Transportation Authority’s Cycle 1 Funding Program, and the Funding Program capitalizes on funding opportunities by best matching agency projects with available funding sources; and WHEREAS, one of the funding programs is Go Sonoma, a County-wide sales tax to fund roadway improvements, and Go Sonoma provides 12 percent of the sales tax revenue for Build Bikeways and Pathways projects; and
WHEREAS, the City’s Sidewalk Gap Closure Project, one of the City’s five projects in the Cycle 1 Funding Program, is included in the first year (FY24/25) of the Build Better Bikeways and Pathways Program to receive $500,000; and
WHEREAS, the Project is to construct sidewalks to close gaps throughout the City, repair existing sections of sidewalk, in the identified areas including tripping hazards and upgrades to ADA ramps; and
WHEREAS, the sections of roadways for the new and repaired sidewalks are shown in the attached proposal, and the Project scope has been informed by efforts at least as far back as 2008, with the public outreach conducted for the Bicycle and Pedestrian Master Plans in 2008 and 2014, and more recently the development of the Local Road Safety Plan in 2021; and WHEREAS, the Project has been included in the City’s Capital Improvement Plan updates since 2021, which is presented annually to the Planning Commission, and, additionally, the Project was discussed at the April 17, 2023, Planning Commission which specifically addressed how bicycle and pedestrian elements are included with street paving projects; and WHEREAS, the scope was intended to include the highest priority sidewalk gap closures that can be completed within the available budget, and, in April 2022, the City issued a request for proposals and determined Bellecci and Associates, Inc. to be the best qualified to provide the design services for the Project; and
WHEREAS, Staff requested and Bellecci provided a proposal for the Project and Staff has determined it to be fair and reasonable and recommends it for approval; and WHEREAS, the Project’s schedule is for design to be completed by May 2024, bidding to be conducted in June and July 2024, and Construction to extend from July 2024, to October 2024, and, Contingent on the City receiving reasonable bids, the City Council will be asked to consider awarding a construction contract in the July and August 2024 time frame; and WHEREAS, the City’s adopted FY23/24 Budget includes $220,000 for designing the Project, and, the proposal from Bellecci and Associates, Inc. is for an amount not to exceed Packet Page 93 of 127
$166,632, and is below the authorized Project budget amount, therefore, no additional appropriation of funds are needed; and
WHEREAS, this action is exempt from the California Environmental Quality Act (CEQA) because approval of the professional services agreement 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. Environmental review will be conducted during the design and staff will bring an environmental review for City Council consideration and approval prior to final project approval.

NOW THEREFORE BE IT RESOLVED, that

1. The above recitals are true and correct, and

2. The agreement with Bellecci and Associates, Inc. to design the Sidewalk Gap Closure Project for and amount not to exceed $166,632, is approved, and

3. The City Manager, or Designee, is authorized to execute the subject agreement and any needed amendments up to the Project authorized amount of $220,000.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on December 12, 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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2290 Diamond Blvd., Suite 100 925 • 685 • 4569 7077 Koll Center Pkwy., Suite 210 Concord, CA 94520 bellecci.com Pleasanton, CA 94566
November 15, 2023
Mr. Craig Scott, P.E.

Public Works Director/City Engineer
City of Cotati
201 W. Sierra Avenue
Cotati, CA 94931
Regarding: Proposal to provide Surveying and Engineering Design Services for the Sidewalk Gap Closure Project
Dear Mr. Scott:

Bellecci appreciates the opportunity to work with the City of Cotati. Per your email sent on November 2, 2023, and our follow up meeting, Bellecci & Associates Inc. proposes to provide surveying and engineering design services for the City of Cotati’s Sidewalk Gap Closure project.

Attached for your review is our proposed scope of service and cost proposal to provide the surveying and engineering services requested in the City’s RFP.

Bellecci, proposes to provide the services outlined in this proposal for an estimated fee of $166,632.00 to be invoiced monthly on an hourly basis. We will not exceed this fee without prior approval from the City.

We are excited about the opportunity to assist the City with this project. If you have any questions, feel free to call me at 925-318-2071.

Sincerely,

BELLECCI & ASSOCIATES, INC
Robert Broestl, PE
Principal
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City of Cotati
Sidewalk Gap Closure Project Exhibit 1

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Project Locations:

Project Understanding:

We understand that the City of Cotati seeks surveying and engineering services to prepare the plans, specifications, estimates, and provide bid and construction support for the Sidewalk Replacement project.

The sidewalk replacement for this project will consist of ten locations as shown on the aerial map above and listed below:

1. West Cotati Avenue from Highway 116 intersection realignment project to Gilman Ranch Road

2. West Cotati Avenue from north of Cohen Court to 230 feet north of Cotati Oaks Court

3. West Cotati Avenue from Maple Avenue to Clifford Street

4. West School Street from Maple Avenue to Clifford Street

5. Clifford Street from West School Street to West Cotati Avenue

6. Valparaiso from Cotati Creek bridge to the entrance to Delano Park

7. Park Avenue from the Veteran’s Memorial parking lot to Myrtle Avenue

8. Myrtle Avenue from Park Avenue to Helen Putnam Park

9. Olof Street, across the frontage of 8165 Olof Street

10. West Sierra Avenue from Hillview Drive to Water Road N
#1
#2
#3
#4
#5
#6
#7
#8
#9
#10
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City of Cotati
Sidewalk Gap Closure Project Exhibit 1

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SCOPE OF WORK

TASK I PROJECT ADMINISTRATION
Project Management: Bellecci & Associates will be responsible for managing both the technical and nontechnical, organization related administrative work to deliver a successful project to the City. The key project management tasks that will be implemented by Bellecci include monitoring the project scope of work and cost proposal, establishing and updating the project schedule, monitoring and updating the City’s overall project budget, scheduling coordination meetings with key parties, creation of status reports, and attending the community meetings. More details on the key Project Management tasks are summarized below.

1.1 Meetings* with City Staff: The meetings will include:
• Conduct a kickoff meeting with City staff and project stakeholders. • Biweekly progress meetings with the City.
• Attend a minimum of 3 design review meetings with the City staff and appropriate entities.
* Assumes that meetings will be virtual using MS Teams, Zoom or similar format.

1.2 Public Outreach Meetings: Bellecci will attend up to Two (2) community meetings with the City.

We will provide the presentation materials and present at the meetings.

1.3 Schedule: The project schedule will be created in MS Project and submitted to the City for review and approval. The schedule will be monitored and updated throughout the project to reflect the changed conditions encountered during the course of design.

1.4 Project Status Reports: Bellecci will provide project status reports with each invoice on a monthly basis . The report will include accomplishments, anticipated problems or issues and schedule of upcoming events. In addition, we will provide design budget costs that highlights the approved budget, budget remaining, and amount spent for the invoicing period and an estimate of the percent complete.

1.5 QA/QC Plan: As part of overall design integrity, Bellecci will perform a QA/QC review to check the following:
• Detailed plan checks
• Quantity Checks
• Comparison of Bid Form and Pay Clauses
Deliverables: Attendance up to two (2) community meetings and project status reports with each invoice
TASK 2 SITE INVESTIGATION,DATACOLLECTION & TOPOGRAPHIC SURVEY

2.1 Gather Existing Background Documents: Bellecci will send out utility letters to utility companies to request utility maps from Comcast, AT&T, PG&E Gas and Electric, etc.

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City of Cotati
Sidewalk Gap Closure Project Exhibit 1

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Bellecci will also review the City’s GIS database to review and map the existing City water, storm drainage and sanitary sewer. Once the mapping is received by Bellecci from various utility companies, Bellecci will include the utility maps on the base topographic survey file.

2.2 Detailed Field Review/Site Investigation: Bellecci will visually inspect the project site to assess and accomplish the following:
• Determine the existing geometric constraints, including the existing driveway conforms. • Confirm the limits of work.
• Identify visible utilities (valves, manholes, monuments, etc.). • Determine possible impacts on property owner improvements in the public right of way.

2.3 Survey for Base Map: Bellecci will provide topographic surveying services by a licensed Professional Land Surveyor for development of topographic map. The topographic survey will include the following activities:
• Establish survey control using GPS coordinates (NAD 83, NAVD 88, Epoch 2010, Zone 3). • Provide ground shot topographic survey for the area scheduled to receive new improvements. Survey to include the following:
o Curbs, gutters, sidewalks, driveways and existing improvements at curb returns. o Trees & Shrubbery
o Retaining walls, fences and structures.
o Utility Poles.
o Street cross sections every 10 feet
o Traffic striping on the road.
o Sewer manhole rim and clean-outs.
o Storm drain manhole rim elevations and catch basin grate elevations. o Water valve boxes, meter boxes and fire hydrants.
o Gas valves and boxes.
o Electrical boxes, streetlight boxes, utility vaults.
o Communication boxes.

2.4 Right of Way Research - Bellecci will obtain the record information from the on-line parcel quest service for the County to establish the approximate location of the City right of way along the project street. This item of work does not include any survey field crew work. The record property line information will be shown on the plans to identify if any of the proposed improvements will be impacted. A right of way survey can be conducted as needed as approved optional services.

Deliverables: Topographic Survey with utility information from utility company base maps in AutoCAD and PDF format.

TASK 3 PLANS, SPECIFICATIONS, & ESTIMATE (PS&E)

3.1 Plans, Specifications & Estimate: Bellecci will produce a set of plans at the 65% & 90% design stage, along with the technical specifications and a corresponding opinion of probable construction costs.

The plans will be prepared at a 1” = 20’ scale on 24”x36” plan sheets. The plans will be prepared in ACAD and provided to the City in a PDF file format for review. Technical specifications shall be written consistent with the City’s standard specifications and Caltrans 2018 Edition. The cost estimate will be based on the plans and the proposed project limits and will include a summary breakdown of the anticipated project cost. The cost estimate will be set up with the same item of work as will be shown for the schedule of bid item.

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City of Cotati
Sidewalk Gap Closure Project Exhibit 1

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Generally, the plans will include the following plans:

1. Cover Sheet

2. Typical Sections

3. Demolition Plans

4. Sidewalk Improvement Plans

5. Detail sheets
Deliverables: 65% - a copy of the plans and estimate in an electronic PDF format, 90% - a copy of the plans, specifications and estimate in an electronic PDF format.

3.3 Final Bid (100%) Plans, Specifications & Estimate: We will develop and submit final PS&E. The final PS&E will include final plans, specifications, estimate of probable construction costs, and contract documents ready for bid. The final construction drawings, specifications, contract documents and bid items will incorporate the City’s 90% design review comments. The final bid documents will include the final adjustments to the project as approved by the City. The final engineer’s estimate will include the bid items and quantities anticipated in the construction of the project.

Final approved drawing submittals shall include: One (1) set of full-sized hard copy paper plans and an electronic copy of the plans including a PDF copy of all drawing sheets submitted. Final specifications submittals shall include an electronic copy in Word and PDF format.

TASK 4 BID PERIOD SERVICES

4.1 Bid Period Services: During the bidding phase, Bellecci will assist the City with the bidding process, attend the prebid meeting (if a meeting is held) and provide the City with assistance to answer any Contractor questions pertaining to the plans and specifications. We will prepare and issue contract addenda, as needed.

Deliverables: Response to RFI’s and adjustments to Plans, Specifications & Estimates as needed.

TASK 5 CONSTRUCTION PHASE

5.1 Construction Phase: Bellecci will attend the preconstruction meeting as required. We will review the contractor submittals for compliance with the specifications and respond within ten days. We will also clarify questions regarding the plans (RFIs), review change order requests from the contractor and prepare as-needed plan modifications for the change orders. In addition, we will perform two (2) site visits during construction and provide a write-up of our observations to the City.

In addition, Bellecci will prepare as-built plans for the City’s records. As-built changes will be based on the red line mark-ups from the Contractor and the Construction Manager.

Deliverables: Modifications to plans and specifications as necessary for change order, site visit reports, stamped construction submittals, and final “As-Built” plans based on the approved contractor’s markups.

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TASK RATE 240 210 164 150 220 368 174 106
# TASKS DESCRIPTION Principal Professional Engineer I Assistant Professional 2-Man Survey Administrative HRS. DIRECT TOTAL Engineer I Engineer II Engineer II Surveyor Survey Party Technician III /TASK COST COST 1 Project Administration (Includes Project Status Reports & Schedule Updates) 28 4 32 $7,144.00 2 Kickoff Meeting 2 4 6 $1,320.00
3 Progress & Project Meetings (City Staff) 20 20 40 $9,000.00 4 Public Outreach Meeting 12 12 8 32 $6,712.00
5 QA/QC 8 8 $1,920.00
Sub-Total 70 36 8 0 0 0 0 4 118 $26,096.00
1 Utility Research & Coordination (PG&E, Comcast, AT&T, City, etc.) 2 4 8 14 $2,520.00 2 Topographic Survey Base Map 2 2 2 40 28 74 $20,932.00 3 Detailed Site Investigation 4 8 8 20 $3,952.00
4 Right of way Research 2 2 6 16 26 $5,004.00
5 Environmental Documentation (To be completed by the City) 0 $0.00 Sub-Total 10 16 8 8 8 40 44 0 134 $32,408.00
1 Preliminary Plans, Specifications & Estimate (65% & 90%) 8 80 80 180 4 352 $59,264.00 2 Final Plans, Specifications & Estimate (100%) 4 24 40 120 4 192 $30,984.00 Sub-Total 12 104 120 300 0 0 0 8 544 $90,248.00
1 Bid Period Services 2 8 8 4 22 $3,896.00
Sub-Total 2 8 8 0 0 0 0 4 22 0 $3,896.00
1 Construction Phase 4 24 40 4 72 $12,984.00
Sub-Total 4 24 40 0 0 0 0 4 72 0 $12,984.00
1 Miscellaneous Expenses (Mileage, Prints, Postage, etc.) 0 $1,000 $1,000 PROJECT TOTAL 98 188 184 308 8 40 44 20 890 $1,000 $166,632 1 2 Miscellaneous expenses include mileage, postage, photocopies, computer plotting/printing for internal use, UPS/FedEx, etc. 3 4
5 6 City will use Draftech distribute bid documents.

Utility plans from the various utility companies are readily available, accurate and current and if needed utility relocations will be designed by others.

City pays for all outside agency fees (Caltrans and utility companies).

Project Assumptions
Distribution of hours shown on the budget are for estimating purposes and the invoicing hours can vary as long as the total approved budget is not exceeded.

Right of way research is from available on-line Parcel Quest information and does not include any survey field work or acquiring any preliminary title reports.

Task 6 - Construction Phase
Task 1 - Project Administration
Task 2 - Site Investigation, Data Collection, & Survey
Exhibit 2
City of Cotati
Sidewalk Gap Closure Project
November 15, 2023
Task 5 - Bid Period Services
Task 4 - Plans, Specifications & Estimate

PROJECT BUDGET ESTIMATE
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: PUTNAM AND CATOR FIELD FINAL CONCEPT DESIGN

DISCUSSION
Date: December 12, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council discuss the final design concepts for Putnam Park and Cator Field and provide staff with any final feedback prior to beginning design work.

Background
In 2018 and 2019, the City conducted public meetings and outreach to develop initial conceptual plans for all of the City Parks. The 2019 Park Capital Plan resulted from this community engagement effort, which serves as the design starting point for parks that are budgeted for improvements.

In the 2023/24 Fiscal Year Budget, the City Council budgeted for design work for improving Putnam Park and Cator Field. The budgeted work included additional public outreach to refine the 2019 Park Capital Plan concept and design to prepare the parks for bidding and construction in the summer of 2024.

Analysis/Discussion
To initiate the design process, the City conducted online polling on the 2019 concept, and held a public meeting on August 12, 2023 to gather feedback on this initial concept plan. Following this initial public meeting and review of the initial poll, the City developed more refined concepts, with A/B options for different areas of the park with different configurations or amenities. The City conducted a second community poll to gather input on the concept alternatives. Concurrently, the City held a second public meeting on September 16, 2023 to Packet Page 101 of 127
discuss the concept alternatives.

Based on the results of the community surveys and the public workshops, the City has developed a single final design concept for Putnam Park and Cator Field/Civic Center Park. This final design concept will be the basis to begin detailed design work to prepare both parks for construction in 2024. However, prior to beginning detailed design, the City is bringing the concept for discussion and any final input.

In addition to the agenda, the concepts have been added to the Project page on the City website for anyone following these projects and attendees from the workshops have been notified via email.

Financial Considerations
The City is still working on an updated financial projection, but it is expected that work at the parks will need to be phased due to budgetary constraints. Proposed priority work at Putnam (Phase 1) are the perimeter walking trail, bridge across the Laguna and dog park. Proposed priority work at Civic Center Park is the dog park. Actual phases will be dependent on cost estimates and available funding, which will be more developed by the time of budget discussions for Fiscal Year 2024/25.

These improvements, like Kotate Park, is largely funded by the General Fund, with minor contributions from Parks Measure M and potentially Park In Lieu, if available.

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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: REORGANIZATION OF CITY COUNCIL FOR CALENDAR
YEAR 2024
Date: December 12, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended The City Council elect a Mayor and Vice Mayor from among its members, to be effective January 1 until December 2024.

Background
Per the City Council Rules (City Council Policy 2023-01), the City Council shall consider the election of the Mayor and Vice Mayor for a one (1) year term at the first regular meeting in December of each year. In election years, this follows the certification of the election and seating of new Councilmembers. The Mayor and Vice Mayor are elected by a majority vote of a quorum of the City Council.

Analysis/Discussion
The typical process is to select the Mayor first and the Vice Mayor second. The current Vice Mayor customarily becomes the Mayor for the following year. Selection of the Vice Mayor is generally determined by mayoral order, then time on City Council, including any time on City Commissions. This process has been followed to ensure a fair rotation and a meeting Chair (Mayor/Vice Mayor) that is experienced in managing public meetings.

On off election years, when there is continuity on the City Council, the new Mayor and Vice Mayor assume their titles January 1. On election years, where councilmembers rotate on/off the City Council, the new Mayor and Vice Mayor assume their titles upon completion of the reorganization agenda item. This is because the outgoing councilmember(s) may be the Mayor Packet Page 108 of 127
or Vice Mayor and unable to finish the year.

For convenience, below is a summary of the recent Mayor and Vice-Mayors.

Mayor Vice Mayor Year
Harvey Sparks 2023
Landman Harvey 2022
Moore Landman 2021
Skillman Moore 2020
Dell’Osso Skillman 2019
Landman Dell’Osso 2018
Harvey Landman 2017
Moore Harvey 2016
Financial Considerations
None.

Environmental Issues
The action of City Council reorganization 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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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: COUNCIL ASSIGNMENTS AS REPRESENTATIVES AND

LIAISONS TO VARIOUS COMMITTEES FOR CALENDAR
YEAR 2024
Date: December 12, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the Council adopt a motion to assign representatives and liaisons to various committees and commissions for calendar year 2024.

Background
Each year, the City Council reviews assignments to committees, commissions and regional assignments that are directly appointed by the City Council. This is typically done concurrently with the City Council reorganization on off-election years in December. On election years when new City Council members join the City Council, appointments are typically made at the first meeting in January.

Many years ago, Cotati had weak representation regionally, so Cotati’s interests were often ignored when decisions were being made. However, over the past decade or so, Cotati has been a key player in regional discussions on a variety of issues, including water supply, transportation, solid waste and negotiating the formation of Sonoma Clean Power, all of which have directly benefited both Cotati residents and the region as a whole. Therefore, it is important to continue to be strongly engaged in regional bodies.

Analysis/Discussion
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The current Cotati City Council Appointments and Assignments sheet listing the active committees is attached for review. This is a worksheet listing active committees and approximate time commitments, including a calendar of the various meetings. Current appointees may take this opportunity to update the ‘Hours/Duties’ portion of the appointments and assignments worksheet as needed.

Financial Considerations
None.

Environmental Issues
The action of assigning representatives and liaisons to various committees and commissions 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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Y:\CCLK_Procedures\16.CC Reorg and Committee Assign\CommitteeAppts\2023.City Council Committee Appointents.docx Cotati City Council
Appointments and Assignments for 2023
REVISED 12/2/2022
Name of Committee Current
Member(s)
Alternate

POSITIONS HELD BY COUNCILMEMBERS
Standing Sub-Committees
None
Regional Committees/Boards
(City Council Appointed)
Assoc. of Bay Area Governments (ABAG) Susan Harvey Laura Sparks CRPUSD (Cotati-Rohnert Park Unified School District) 2x2x2 Kay Rivers Laura Sparks Rohnert Park-Cotati Library Advisory Board Kay Rivers Ben Ford Mayors’ and Councilmembers Legislative Committee Representative Laura Sparks Sylvia Lemus REMIF/CIRA Board of Directors Damien O’Bid Susan Harvey Russian River Watershed Association Ben Ford Laura Sparks Sonoma Clean Power Ben Ford Sylvia Lemus
Sonoma Co. Transportation Authority/Regional Climate Protection Authority (SCTA/RCPA)
Susan Harvey Ben Ford
Sonoma Co. Waste Management Agency (SCWMA/Zero Waste Sonoma) Susan Harvey Damien O’Bid Sonoma Water Advisory Committee (WAC) Laura Sparks Sylvia Lemus Groundwater Sustainability Agency (Santa Rosa Plain) Susan Harvey Sylvia Lemus League of California Cities’ Annual Meeting Voting Delegate (assigned prior to meeting)
(assigned prior to
meeting)
Liaisons
Cotati Chamber of Commerce Sylvia Lemus Susan Harvey
Regional Committees/Boards
(Appointments as Indicated)
Joint Cotati City Council/Rohnert Park City Council Appointments Continuum of Care Board of Directors Jackie Elward
(Rohnert Park)
Laura Sparks
Mayors’ and Councilmembers’ Association Appointments
Executive Board/City Selection Committee Mayor Vice Mayor League of California Cities’ North Bay Exec. Board Susan Harvey N/A Recommended by City Selection Committee (Appointed by County Board of Supervisors) LAFCO Susan Harvey N/A
Measure “O” Oversight Committee (County Mental Health Tax) Ben Ford N/A

POSITIONS HELD BY COTATI CITIZENS
(APPOINTED BY CITY COUNCIL OR BOARD OF SUPERVISORS, AS NOTED) AB 939 Local Task Force (Board of Supervisors appointment) Mark Soiland N/A Library Commission-Sonoma County Library (City Council appointment) Rachel Parker N/A Marin/Sonoma Mosquito Vector Control Dist. (City Council appointment) Susan Harvey N/A

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C:\inetpub\wwwroot\multitenant\temp\Detail Committee Assignments 2023.pdf Cotati City Council
Appointments and Assignments Worksheet 2023
REVISED 12/5/2023
Name of
Committee
Current
Member(s)
Alternate Hours/Duties

POSITIONS HELD BY COUNCILMEMBERS
Standing Sub-Committees
None
Regional Committees/Boards
City Council Appointed Positions
Assoc. of Bay Area
Governments
(ABAG)
Susan
Harvey
Laura
Sparks
Dept.: City Manager
Hours: General Assemblies meeting in spring and fall
Duties: Attend and vote as needed at general
assembly meetings
Note: ABAG Alternates have voting rights
CRPUSD (CotatiRohnert Park
Unified School
District ) 2x2x2
Kay Rivers Laura
Sparks
Generally meets monthly, or as needed, to discuss
issues in common with the Cities of Cotati and
Rohnert Park and the Cotati-Rohnert Park Unified
School District. Meetings are typically 1-2 hours
each. More recently has also include representatives
from Sonoma State University.

Rohnert ParkCotati Library
Advisory Board
Kay Rivers Ben Ford Optionally attend meetings in February, April, June, August, October and December, normally on the 3rd
Tuesday at 4:00 p.m. at the Rohnert Park-Cotati
Regional Library. Liaisons are non-voting members.

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C:\inetpub\wwwroot\multitenant\temp\Detail Committee Assignments 2023.pdf Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Mayors’ and
Council Members
Legislative
Committee Liaison
Laura
Sparks
Sylvia
Lemus
Dept.: City Manager.

Hours: Prior to COVID, meetings were held on the
first Friday of the month, at 9:30 a.m. in the Maple
room at the Finley Center in Santa Rosa. Meetings
are currently held over Zoom, and it’s unclear if
future meetings will be in-person again, continue to
be virtual, or some combination. Meetings are
usually 1-1/2 to 2 hours long.

Duties: Review all proposed legislation that could
have an effect on cities; provide feedback to our
League of Cities coordinator and potentially issue
letters on pending legislation. As needed, agendize
letters of support or opposition to a particular piece of legislation.

REMIF/CIRA
Board of Directors
Damien
O’Bid
Susan
Harvey
Dept.: Administrative Services
Hours: Board meetings 4 times per year in
Sacramento (generally all day); 2-day annual meeting
each January (location rotates); annual PARMA
conference each February. Cotati also currently holds
the Vice Chair seat on the Executive Committee,
which generally meets monthly, primarily in person
in Sacramento.

Duties: Day to day management of risk management
activities.

Qualifications: Specialized knowledge of risk
management; recommended that staff be appointed
given operational implications of this board.

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C:\inetpub\wwwroot\multitenant\temp\Detail Committee Assignments 2023.pdf Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Russian River
Watershed
Association
Ben Ford Laura
Sparks
Dept.: Public Works
Hours: Meetings typically held from 9-11 am on 4th
Thursday of the month every other month in Windsor.
2 hours every other month for Board meeting, plus
time for preparation, travel, etc.

Duties: Attend RRWA Board meetings, as Cotati is a
member. This group works on a variety of watershed
issues that affect all members in the Russian River
Watershed. It is an informational and advocacy group
that focuses on watershed pollutants, permit issues,
etc. The biggest issue currently is the pending
municipal stormwater discharge permits.

Qualifications: Should have an interest and preferably
background in regional watershed issues.

Sonoma Clean
Power
Ben Ford Sylvia
Lemus
Dept: N/A
Hours: Meets in Santa Rosa on the 1st Thursday of
every month from 9:00a – 12 noon. Allow for 3
hours every month for SCP Board meetings, plus time
for preparation, travel, etc. Agendas and related
documents can be lengthy and time consuming to
review. Allow 5-15 hours per month.

Duties: Represent Cotati on regional green power
agency. Weigh in on myriad power issues related to
procurement and provision of clean energy on a
regional basis. Involvement in representing the
interests of California’s community choice electricity
providers in the legislature and at state regulatory
agencies. Work to help lead county wide GHG
reduction efforts.

Qualifications: Should have some background and
interest in power issues, clean power, and GHG
emission reduction efforts. Preferably served as an
alternate on SCP BOD for several years before
becoming primary. Established working relationships
with Sonoma County councilmembers and
supervisors preferable.

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C:\inetpub\wwwroot\multitenant\temp\Detail Committee Assignments 2023.pdf Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Sonoma Co.

Transportation
Authority/Regional
Climate Protection
Authority
(SCTA/RCPA)
Susan
Harvey
Ben Ford Dept.: Public Works
Hours: Meetings typically held from 3:00-5:00 pm on
1st Monday of the month in Santa Rosa. 2 hours
every month for SCTA Board meetings, plus time for
preparation, travel, etc. Agendas and related
documents are lengthy and very time consuming to
review. Allow 5-15 hours minimum per month.

Duties: Weigh in on a myriad of transportation
related issues, including all modes of transportation.

Involved in local and regional (Caltrans) projects.

Also evolving to coordinate county wide GHG
reduction efforts, which will become important.

Qualifications: Should have an interest in and
preferably a background in transportation issues,
including how they relates to GHG emissions.

Preferably served as an alternate on SCTA/RCPA
BOD for several years before becoming primary.

Established working relationships with Sonoma
County councilmembers and supervisors crucial.
*This is a critical assignment.

Sonoma Co. Waste
Management
Agency (SCWMA
aka Zero Waste
Sonoma)
Susan
Harvey
Damien
O’Bid
Dept.: City Manager
Hours: Meets in Santa Rosa on 3rd Wednesday 9-11a,
time commitment approx. 6 hours/month
Duties: Joint Powers agency with oversight of landfill
and county-wide recycling efforts and hazardous
materials.

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C:\inetpub\wwwroot\multitenant\temp\Detail Committee Assignments 2023.pdf Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Sonoma Water
Advisory
Committee (WAC)
Laura
Sparks
Sylvia
Lemus
Dept.: Public Works
Hours: Meetings typically held from 9-12 am on 1st
Monday of the month at the Santa Rosa Utilities Field
Office. 3 hours every month for WAC Board
meetings, plus time for preparation, travel, etc.

Agendas and related documents are lengthy and very
time consuming to review. Allow 10 hours minimum
per month
Duties: Weigh in on issues related to SCWA water
supply. The continuing Potter Valley Project issue is
time consuming and may also require out of state
travel to advocate on behalf of the City.

Qualifications: Should have an interest in and
background in regional water supply issues. It will be
especially important as the City deals with these
issues.
*This is a critical assignment. If the representative
does not attend the City does not get a vote. Staff are not able to vote on behalf of the City.

Groundwater
Sustainability
Agency
Susan
Harvey
Sylvia
Lemus
Dept: Public Works
Hours: Typically 2nd Thursday, every other month, 1-
3:30 PM
Duties: Administered by Sonoma Water, Cotati sits
on the GSA Board for the Santa Rosa Plain. This
board reviews groundwater management activities
and oversees monitoring.

Qualifications: Should have an interest in and
background in regional water supply issues.

League of
California Cities’
Annual Meeting
Voting Delegate
(assigned
prior to
meeting)
(assigned
prior to
meeting)
Votes on resolutions at the annual business meeting
during the Cal Cities annual conference. Generally
Mayor and Vice Mayor, unless one or both are unable
to attend.

Liaisons
Chamber of
Commerce
Sylvia
Lemus
Susan
Harvey
Attend monthly Chamber of Commerce Board of
Director’s meetings on the 2nd Tuesday at 5:15 p.m.

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C:\inetpub\wwwroot\multitenant\temp\Detail Committee Assignments 2023.pdf Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Regional Committees/Boards
Appointments as Indicated
Joint Cotati City Council/Rohnert Park City Council Appointments Continuum of Care
Board of Directors
(Cotati-Rohnert
Park
Representative)
Jackie
Elward
(Rohnert
Park)
Laura
Sparks
Dept.: City Manager
Hours: Monthly meetings of Board, currently with
various subcommittee appointments. Board meetings
typically 4 hours each (1 – 5 pm). Allow for 12 hours
per month, with an additional 4 hours per month of
meeting preparation.

Duties: To ensure a well-functioning homelessness
system of care in Sonoma County that works for the
entire county.

Qualifications: Can be staff, elected, or citizen jointly appointed by the Cotati and Rohnert Park City
Councils. Dense subject matter, so an understanding
of homelessness systems or long-term appointment to
be conversant in the subject matter desirable.

Mayors’ and Councilmembers’ Association Appointments
Executive Board
and City Selection
Committee
Mayor Vice Mayor Member and alternate established by Gov’t Code § 50270 et seq
League of
California Cities’
North Bay Exec.

Board
Susan
Harvey
N/A Appointed by the Mayors’ and Councilmembers’
Association Board of Directors; term expires TBD
Board of Supervisor Appointments (Recommended City Selection Committee) LAFCO Susan
Harvey
N/A Dept.: Board of Supervisors appointment;
Recommended by City Selection Committee; current
4 year term expires 5/2027
Hours: Monthly in the Board of Supervisors’
Chamber on the first Wednesday at 2:00 p.m.

Duties: To regulate the boundaries of cities and
special districts.

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C:\inetpub\wwwroot\multitenant\temp\Detail Committee Assignments 2023.pdf Name of
Committee
Current
Member(s)
Alternate Hours/Duties
Measure “O”
Oversight
Committee
(County Mental
Health Tax)
Ben Ford N/A Dept: Board of Supervisors appointment;
Recommended by City Selection Committee; current
3 year term expires 12/7/2024.

Hours: Approximately quarterly, meetings currently
held virtually. 4:30 – 6:00 p.m.

Duties: Review the receipt and expenditures of
Measure O revenue, including the County’s annual
independent audit in conjunction with the County’s
budget process. Produce an annual oral or written
report on its review which shall be considered by the
Board at a public meeting. The committee’s
responsibilities shall not include decision-making on
spending priorities, financing plans or tax rate
projections or assumptions and the committee shall
have no authority to direct, nor shall it direct, County or City staff or officials.

POSITIONS HELD BY COTATI CITIZENS
(APPOINTED BY CITY COUNCIL OR

THE BOARD OF SUPERVISORS, AS NOTED)
AB 939 Local Task
Force
Mark
Soiland
N/A Dept.: City Manager
Hours: Bi-monthly - Second Thursday of the month -
1:30-3:00 p.m. - at Sonoma County Department of
Transportation & Public Works
Duties: To develop goals, policies, and procedures
which are consistent with guidelines and regulations
adopted by the Board, to guide the development of
the Siting Element of the County-wide integrated
waste management plan.

Library
Commission –
Sonoma County
Library
Rachel
Parker
N/A Dept.: N/A
Hours: Meets at Santa Rosa City Hall, generally
meets monthly on the first Monday, but the day may
vary, with additional special meetings as needed.

Duties/term: Council-appointed citizen
commissioner.

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C:\inetpub\wwwroot\multitenant\temp\Detail Committee Assignments 2023.pdf Marin/Sonoma
Mosquito and
Vector Control
District
(MSMVCD)
Susan
Harvey
N/A Dept.: N/A
Hours: Board of Trustees meet monthly at
MSMVCD headquarters in Cotati at 6:00 p.m. on the
2 nd Wednesday of each month.

Duties/term: City Council appointed for 2 or 4 year
terms.

Packet Page 120 of 127
Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: PROCLAMATION SCHEDULE FOR 2024
Date: December 12, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a motion approving a proclamation schedule for 2024.

Background
On July 25, 2023 the City Council adopted a recognition and flag policy. At that time, the City Council also adopted an initial schedule of proclamations for the second half of 2023. The adopted schedule, updated with other subsequent requests for proclamations, including the City Council lead, is attached to this staff report.

Analysis/Discussion
When the City Council adopted the initial schedule of proclamations, discussion of potential proclamations for the first half of the calendar year (Jan-June) was postponed. The City Council resolved to discuss this with the mid-year reorganization and committee assignments discussion.

Now that we are at the mid-year point, this item is returning for discussion by the City Council.

Once proclamations are scheduled for the first half of the calendar year, it is anticipated that moving forward this item would only come to City Council once per year, with the mid-year reorganization and assignment discussion.

As is often the case, other proclamations may come up that are not on the schedule, but can be added as needed. The intent of the schedule of proclamations is to forecast recurring proclamations and assist with planning.

Packet Page 121 of 127
Financial Considerations
Proclamations, if there is a template provided, typically do not take more than 1-2 hours of staff time to agendize and coordinate with the receiving party. This can get progressively more time consuming if template materials are not provided, sensitivity of the subject matter, or desire for ceremonies/events following the proclamation.

Packet Page 122 of 127
Annual Calendar of Proclamations
Proclamation Title Timing/Frequency Organizing Lead Flag Flag Ceremony
January
-
February
Black History Month Annual
March
Women’s History Month Annual
National Surveyor's Week Begins 3rd Sunday
Annual
American Red Cross Month Annual
April
Sexual Assault Awareness Month Annual
WOTYC Proclamation
(Week of the Young Child)
1 st or 2nd week
Annual
NPST Week
(National Public Safety
Telecommunicators Week)
Annual
MOVES Proclamation
(Children's Memorial Day)
4 th Friday
Annual
X
National Library Week Proclamation Late April
Annual
May
Asian Pacific Islander History Month Annual
Mental Health Awareness Month Annual
Bike Month Proclamation Annual
National Public Works Week
Mid-May
Annual
June
Pride Month Annual Rivers X X
Packet Page 123 of 127
Proclamation Title Timing/Frequency Organizing Lead Flag Flag Ceremony
Women Veterans Day June 12
Annual
Harvey
Juneteenth Proclamation June 19
Annual
Rivers X X
July
Zero Waste Week Proclamation Last Week of July
Annual
August
Women's Equality Day Proclamation August 26
Annual
September
Latino Heritage Month Annual Lemus X X
Creek Week Begins 3rd Monday
Annual
October
Breast Cancer Awareness Month Annual Harvey
Disability Employment Awareness Month Annual Ford
Indigenous Peoples Day
(Formally Columbus Day)
2 nd Monday of
October
Ford
(To combine with NA Heritage Month)
World Polio Awareness Day 4
th Tuesday of
October
Harvey
November
Native American Heritage Month Annual Lemus X X
December
-
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: PROCEDURE DURING READING OF LAND

ACKNOWLEDGEMENT
Date: December 12, 2023
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended the City Council discuss the procedure during the reading of the Land Acknowledgment statement and provide verbal direction to staff.

Background
On October 24, 2023 the City Council approved a resolution modifying the City Council Rules (2023-01) to add a Land Acknowledgement statement to the regular City Council meeting agenda. At the same time, the City Council also approved motions to include a longer Land Acknowledgement statement on the City website and framed and posted in the City Council Chambers.

Analysis/Discussion
With the addition of the Land Acknowledgement statement to the Agenda, there was no discussion about procedure during the reading of the statement. At the November 28, 2023 City Council meeting, Councilmember Lemus suggested that the City Council stand during the reading of the Land Acknowledgement and then remain standing for the Pledge of Allegiance, which is the next agenda item. A discussion about this was not agendized, so the City Council agreed to discuss this at a future meeting.

Staff have not extensively researched the topic. However, Councilmember Lemus has provided a couple of examples for the City Council’s consideration, as follows:

Packet Page 125 of 127
In Sonoma County, Rohnert currently reads a Land Acknowledgment as part of the agenda.

When the City Council reaches the Land Acknowledgement portion of the agenda, the Rohnert Park City Council (the Mayor) asks that everyone stand for the reading of the Land Acknowledgement. The next agendized item is the Pledge of Allegiance, so they remain standing through that item.

The City of Sacramento has a procedure similar to Rohnert Park, with an opening statement of “Please rise for the opening acknowledgements in honor of Sacramento’s Indigenous People and Tribal Lands.” This is followed by the Pledge of Allegiance.

The Cotati City Council has a similar agenda order and could implement this procedure if desired by the City Council.

Financial Considerations
None.

Packet Page 126 of 127
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: December 12, 2023
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
Information or written comments pertaining to this meeting, and which was received after the agenda was posted, is attached below.

Pursuant to City Council Policy 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].

Packet Page 127 of 127

Cotati City CouncilDecember 12, 2023

Cotati City Council
December 12, 2023