Agenda packet — Cotati City Council, April 23, 2024

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, April 23, 2024
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. To guarantee your ability to participate, you must attend the meeting in person. As a courtesy to the public, the City allows citizens the opportunity to view and offer public comments virtually through Zoom Online video conferencing platform. Technical difficulties may occur that make the Zoom platform unavailable. If Zoom is unavailable, the meeting will continue. Participants considering using Zoom should consider attending in person, if they desire to ensure their ability to view the meeting and offer public comments.

Subject to the above disclaimer, Zoom Online video conferencing is 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/87368887352?pwd=OGpoSzlqeERoUks5bXFqVVFRNy9Bdz09 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: 873 6888 7352 Passcode: 998072
+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.

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• Audience members are advised to keep conversations to a minimum or conduct them outside the building. • Photographs or video recordings using tri-pods or other means that would be distracting are to be taken only from the designated media area. • The Presiding Officer shall request that the audience withhold expressions of support or opposition for speakers in the interest of time and to encourage the full expression of differing views. (City Council Policy 2023-01 III.B.1.) Public Comment (Action items): Public comment on any one agenda item where the City Council will be taking some action is limited to no more than three (3) minutes per person. Action items are typically designated on the agenda title.

Public Comment (Non-Action items): Public comment on non- action agenda items shall be received during the designated portion of the agenda.

Comments shall be limited to no more than three (3) minutes for all non-action agenda items.

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

City Council meetings are conducted according to City Council Policy 2023-01: City Council Rules. This policy available for inspection in the online Meeting Portal at www.cotaticity.org and in the City Manager’s office located at 201 West Sierra Avenue, Cotati, California, during the City’s posted business hours.

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

1. CALL TO ORDER

2. ROLL CALL

3. LAND ACKNOWLEDGEMENT
The City of Cotati recognizes that we’re on the ancestral lands of the Coastal Miwok, who are the original caretakers of this area. We respectfully acknowledge the Indigenous peoples who have been stewarding and maintaining a relationship on this land as knowledge keepers for millennia. This acknowledgement does not take the place of authentic relationships with Indigenous communities but serves as a gesture of respect to the land we are on.

4. PLEDGE OF ALLEGIANCE

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

RESOLUTIONS AND ORDINANCES INTRODUCED AND/OR ADOPTED UNDER THIS

AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – APR 9, 2024

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 may consider the item. If the City Council considers the item, citizens will be 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. However, the Brown Act prohibits the City Council from taking action or considering any item that is not this agenda, to ensure that other members of the community who wish to provide comment are notified in advance through a properly noticed meeting agenda.

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C. Citizens interested in receiving City of Cotati community alerts via text or email are encouraged to sign up with CivicReady, by signing up on the City’s 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. PRESENTATIONS
A. SONOMA COUNTY LIBRARY PRESENTATION

8. APPROVAL OF FINAL AGENDA (ACTION)
This item will only be opened for the public comment if the City Council proposes to take any action to modify this agenda.

9. CITIZEN BUSINESS AND PUBLIC COMMENT FOR CONSENT CALENDAR ITEMS Any member of the public wishing to speak to the Council on any item(s) listed on the Consent Calendar or any matter(s) not listed on the agenda that are within the subject matter jurisdiction of the Council may do so at this time. Pursuant to the Brown Act, the Council is not allowed to consider issues or take action on any item not listed on the agenda. 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 Deputy City Clerk will alert speakers when there are thirty seconds remaining.

10. CONSENT CALENDAR (ACTION)
A. MEASURE S ANNUAL REPORT AND LETTER FROM OVERSIGHT COMMITTEE FOR FISCAL YEAR 2022/23
It is recommended that the City Council receive and file the Measure S Annual Report for Fiscal Year 2022/23, including the review letter by the Measure S Citizens' Oversight Committee.

B. APPROVAL OF AGREEMENTS TO COORDINATE AND FUND LEGAL RESEARCH

AND ANALYSIS REGARDING THE IMPACT OF POTTER VALLEY PROJECT

DIVERSIONS
It is recommended the City of Cotati City Council approve by motion: 1. A Confidentiality and Common Interest Agreement and 2. A Letter Agreement between Marin Municipal Water District and Cities of Santa Rosa, Rohnert Park, Petaluma, Sonoma, Cotati, Town of Windsor, North Marin Water District, and Valley of the Moon for Funding Legal Research and Analysis regarding the Impact of Potter Valley Project Diversions on the Sonoma County Water Agency’s Water Rights and Obligations.

11. DIRECTION ON FUTURE AGENDA ITEMS

12. REGULAR AGENDA (ACTION)
A. FISCAL YEAR 2023/24 - THIRD QUARTER - FINANCIAL UPDATE It is recommended that the City Council receive the presentation on the un-audited financial position for the City as of the Third Quarter Fiscal Year 2023/24.

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B. ANNUAL POLICE CHIEF REPORT TO THE COMMUNITY
It is recommended that the City Council receive and discuss the annual police chief report to the community for the calendar year 2023.

13. CITY MANAGER'S REPORT

14. CITY COUNCIL MEMBER REPORTS

15. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

16. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (PARAGRAPH (1) OF SUBDIVISION (D) OF SECTION 54956.9) NAME OF CASE: COUNTRYSIDE MHP LLC V. CITY OF COTATI, SONOMA COUNTY SUPERIOR COURT CASE NO. 24CV00804
17 REPORT OUT OF CLOSED SESSION

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

19. ADJOURNMENT
Certification of Posting of the Notice: I declare under penalty of perjury that I am employed by the City of Cotati and that I posted this notice on the City’s website, bulletin boards of City Hall, Veterans’ Memorial Building and the SMART Train Depot, on or before April 19, 2024. /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, April 09, 2024
6:00 PM REGULAR MEETING

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

2. ROLL CALL
Attendee Name Title Status
Laura Sparks Mayor Present
Ben Ford Vice Mayor Present
Susan Harvey Councilmember Present
Sylvia Lemus Councilmember Present
Kay Rivers Councilmember Present
Staff Present: City Manger 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, Police Chief Chris Simmons, Senior Planner JP Harries

3. LAND ACKNOWLEDGEMENT
Before reading the land acknowledgement, Mayor Sparks announced that the order of the pledge of allegiance and land acknowledgement were switched on the agenda, and the items would be taken in their usual order (land acknowledgement followed by pledge of allegiance.) 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 5 of 160
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AGENDA (ACTION)
A. COTATI CITY COUNCIL – REGULAR MEETING – MAR 26, 2024 RESULT: Approve [4 TO 0] Minutes of March 26, 2024
MOVER: Susan Harvey, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Sparks, Harvey, Lemus, Rivers
NAYS: None
ABSTAIN: Ford
B. COTATI CITY COUNCIL – SPECIAL MEETING – APR 2, 2024
RESULT: Approve [4 TO 0] Minutes of April 2, 2024
MOVER: Susan Harvey, Councilmember
SECONDER: Sylvia Lemus, Councilmember
AYES: Sparks, Ford, Harvey, Lemus
NAYS: None
ABSTAIN: Rivers

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

7. APPROVAL OF FINAL AGENDA (ACTION)
This item will only be opened for the public comment if the City Council proposes to take any 6 of 160
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action to modify this agenda.

No action taken.

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. 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 Deputy City Clerk will alert speakers when there are thirty seconds remaining.

No public comment.

9. CONSENT CALENDAR (ACTION)
A. APPROVAL OF 2024 CITY OF COTATI KIDS DAY EVENT IN LA PLAZA PARK.

B. APPROVAL OF 2024 CITY OF COTATI SUMMER MOVIES IN THE PARK, CAR

SHOW, AND NATIONAL NIGHT OUT EVENTS IN LA PLAZA PARK
RESULT: Approve [5 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Ben Ford, Vice Mayor
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None

10. DIRECTION OF FUTURE AGENDA ITEMS

11. PUBLIC HEARINGS (ACTION)
A. CONSIDERATION OF A RESOLUTION APPROVING A PARCEL MAP FOR A MINOR SUBDIVISION (LOT SPLIT) AT 766 EAST COTATI AVENUE Presentation by Senior Planner JP Harries.

Councilmembers comment.

Public Comment:

Property Owner of Sai’s Sprouts, Sema Birla-Sharma
Council requested that the first “Whereas” clause in the Resolution be modified to reflect the correct address for the property.

RESULT: Approve [5 TO 0]
MOVER: Ben Ford, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Harvey, Sparks, Ford, Lemus, Rivers
NAYS: None
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12. REGULAR AGENDA (ACTION)
A. FISCAL RESILIENCY POLICY REVIEW
Presentation by Director of Administrative Services Angela Courter.

Councilmembers provided suggested edits to the policy, including:
-Editing Section 2(1) to read “General Fund: 25% of annual expenditures will be held general fund operations.”
-Recommending that reports on general fund fiscal health analysis, and water and sewer funds fiscal health analysis, be given quarterly, with reports on 5 year moving community fiscal health analysis given annually.
-Editing the first sentence of the Secondary Indicators section, replacing “during the evaluation period” with “at any time.”
-Look at potentially using 12 month moving time period to compare revenue/expenditures to prior periods.
-Minor typo corrections.

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
No public comment.

16. CLOSED SESSION
Mayor Sparks announced that the closed session would not take place.

A. CONFERENCE WITH CITY LABOR NEGOTIATORS (GOVERNMENT CODE SECTION 54957.6) CITY DESIGNATED REPRESENTATIVE: CITY MANAGER OR DESIGNEE. EMPLOYEE ORGANIZATION: COTATI POLICE OFFICERS

ASSOCIATION (CPOA) AND COTATI POLICE MANAGEMENT ASSOCIATION (CPMA).

17. REPORT OUT OF CLOSED SESSION

18. INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED

19. ADJOURNMENT
Mayor Sparks adjourned the meeting at 7:51pm.
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/s/ Kevin Patterson, Deputy City Clerk
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Cotati City Council
Agenda Staff Report
Item type: PRESENTATIONS
To: City Council
Subject: SONOMA COUNTY LIBRARY PRESENTATION
Date: April 23, 2024
Written by: Kevin Patterson, Deputy City Clerk
Recommendation
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It is recommended that the Council receive a presentation from the Sonoma County Library. No action will be taken.

Sonoma County Library
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Sonoma County Library
You Love Your Library!
A recent survey showcased why Sonoma
County residents love their library system
• Qualified librarians
• Reading programs for children
• Homework help, career support and
computer labs
• Safe places for children after school
• Clean, safe places
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Sonoma County Library
Provide
opportunities
for all to learn,
contribute,
interact, and
participate
Further
community
resiliency
Foster racial
equity, social
justice, and
inclusion for
everyone
Reimagining the Library
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• Central Santa Rosa
• Cloverdale
• Forestville
• Guerneville
• Library Support Center
• Healdsburg
• History & Genealogy
• Northwest Santa Rosa
• Occidental
• Petaluma
• Rincon Valley
• Rohnert Park/Cotati
• Roseland
• Sebastopol
• Sonoma Valley
• Windsor
• Wine Library
Locations
Sonoma County Library
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Rohnert Park-Cotati Regional Library
Our newest permanent library is in Rohnert Park
• Opened 2003
• 24,000 square feet
• 3,619 visitors per week
• 4,047 check-outs per week
• 350+ programs a year
• Stay & Play; study pod; seed library; hi-tech AV in community room Sonoma County Library
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• Full implementation of Sunday hours
• Facilities Master Plan
• Roseland campaign launch
• MOU with Juvenile Hall
• Building Forward Together Grants
Accomplishments
Sonoma County Library
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Your Library
by the
Numbers

MAJOR MILESTONES
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Sonoma County Library
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Sonoma County Library
2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 Physical Item Circulation Circulation of Elecronic Materials Circulation (pre-Measure Y to FY 22-23)
4 million

3.5 million
3 million

2.5 million
2 million

1.5 million
1 million
.5 million
0 Physical Items Digital Materials
15/16 16/17 17/18 18/19 19/20 20/21 21/22 22/23
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People
$28.20 million
58%
Resources
$14 million
28%
Places
$6.73 million
14%
FY 23-24 Budget Expenditures by People, Places, and Resources Sonoma County Library
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Sonoma County Library
Adult services
Library materials
• Access to
millions of
physical and
digital titles
• Databases
• Streaming
Community connection
• Adult literacy
• Meeting rooms
• Printing
• Outreach
Welcoming spaces
• Investments in
library facilities
• Access to
technology
• Rich and diverse
programming
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Sonoma County Library
Youth services
Early learning
• Storytimes
• Literacy support
• Parent mentoring
and education
Transition to adulthood
• Teen volunteering and
internships
• Civic engagement and
social justice
• Life skills, mental
health, college support
School support
• Student success
initiatives
• Reading programs
• STEAM programs
• Educator support
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Collections
• Nearly 600,000 physical items
across 15 locations in multiple
formats
• Share catalog with Lake
and Mendocino Counties
• LINK+ provides access to 70
library collections statewide
Sonoma County Library
Sonoma County Library’s
top 10 most checked-out
books in 2023
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Digital Collections
Sonoma County Library
• 383,694 eBooks
• 340,344 eAudiobooks
• 263,185 additional digital resources
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Library of Things
Sonoma County Library
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Technology Increases Access
Sonoma County Library
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“Our library was one of the very
few institutions that improved
during COVID. The increased
access to electronic resources
was huge. “
Sonoma County Library
Library Patron, April 3, 2024
Responding to an article in the Press Democrat
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Questions?
[email protected] 28 of 160
Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: MEASURE S ANNUAL REPORT AND LETTER FROM
OVERSIGHT COMMITTEE FOR FISCAL YEAR 2022/23
Date: April 23, 2024
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council receive and file the Measure S Annual Report for Fiscal Year 2022/23, including the review letter by the Measure S Citizens' Oversight Committee.

Background
In 2014, a majority of Cotati voters passed Measure G, a one cent (1.0%) local revenue measure to support essential City services for Cotati residents. Measure G has provided the City with a guaranteed source of local funding for local City services that cannot be taken by the state and has helped maintain the financial viability of the City.

In November 2020, a majority of the voters in Cotati approved Measure S, which continued the same 1.0% transaction sales tax for essential City services. All other aspects of the former Measure G remained as-is, including annual audits and an independent citizen oversight committee that would continue to review expenses annually in a public meeting and report to the City Council. Therefore, other than the designation of Measure S rather than Measure G, all functions and duties of this oversight committee continued. On January 11, 2022, the City Council formally approved the name change to Measure S for the Citizen’s Oversight Committee.

Analysis/Discussion
The Measure S Oversight Committee held a public meeting on Wednesday April 10, 2024, to review the revenues and expenditures for the Measure funds.

After the Committee reviewed of the audited Measure S revenues and expenditures for Fiscal Year 2022/23, they found that the program expenditures followed the intent and letter of 29 of 160
Measure S (Cotati Municipal Code Chapter 3.05, Transactions and Use Tax), and followed the City Council’s intent as outlined in the strategic planning goals for Fiscal Year 2022/23. The annual Measure S report is attached to the staff report and is additionally linked on the City’s website (www.cotaticity.org).

Financial Considerations
None
Environmental Issues
Under CEQA Guidelines 15060(c)(2)-(3) and 15378, subdivisions (2) and (4) of subdivision (b), a revenue measure does not constitute a project under CEQA and therefore review under CEQA is not required.
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GET TO KNOW YOUR VOTER

APPROVED TAX MEASURE
WHY DID THE CITY COUNCIL PLACE MEASURE S ON THE BALLOT IN 2020? In response to the severe economic recession and the State redistribution of funding through the Redevelopment Dissolution, the City aggressively cut expenses, including a 28% reduction in staffing, elimination of the Recreation Department, voluntary staff salary cut of 14%, cut back or elimination of all contract services, and a general 11% reduction in General Fund expenditures. At that time, the City also was a leader in the state in establishing a new benefit and pension tier for new employees, to reduce future expenses.

In addition to the cuts in expenses, in 2009 the voters of Cotati also approved Measure A, a ½-cent sales tax for 5 years to maintain basic City services through the recession. Even with the additional revenue from Measure A and the City cuts in expenses, the unexpected loss of funding because of the State dissolution of Redevelopment, coupled with a much slower than expected economic recovery, resulted in the City being able to only maintain basic services with no capacity for non-emergency projects. As Measure A was nearing its expiration, the City was again facing the possibility of losing our locally controlled Police Department, and the very viability to continue as a city separate from Rohnert Park or the County was a deep concern.

In response, the City Council declared a State of Emergency on February 11, 2014, putting Measure G on the ballot.

On June 3, 2014, the voters of Cotati passed Measure G, the Cotati Essential City Services Measure.

At the time Measure G was placed on the ballot, the State had taken hundreds of thousands of dollars in funds from Cotati’s budget, which directly affected the General Fund. The General Fund supports all the basic functions of a city including police services, road maintenance, park maintenance, and other essential city services. Just like most cities in California, the economic downturn and declining property values dramatically reduced sales tax and property tax revenues in Cotati.

In 2020 the City once again took the same Measure to the community. This new Measure S continued existing, voter-approved locally controlled funding with no increase in tax rate. Measure S funding would continue to stay local for our community. Cotati City Hall
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HOW MUCH DOES A 1-PERCENT SALES TAX COST ME?
A 1-percent sales tax adds $1 on a $100 purchase for some purchases. Purchases such as food and medicine are exempted from the sales tax. Some of the largest sales tax sources in Cotati include Lowes, Oliver’s Market, and our gas stations, collect a significant portion of their sales taxes from visitors to Cotati, which benefits our residents and the visitors who use the City services and infrastructure. The revenue from Measure S is used to protect the essential services Cotati residents rely on and assist in the implementation of key improvements desired by the community.

DO FUNDS FROM MEASURE S STAY IN COTATI?
Yes. Measure S funds stay local. Measure S Sales Tax dollars cannot be taken by the State and can only be spent for Cotati and its residents.

WHAT DOES THIS LOCAL SOURCE OF FUNDING PROVIDE FOR COTATI? The City of Cotati uses the funds from Measure S to maintain essential City services for our community. Essential City services include the core services needed to run a City, including improved community services, preserving our local police department, recreational opportunities, and maintenance of public
infrastructure, including streets and pothole repair. With the additional public safety funding, it also increased the number of officers on duty to helps maintain crime prevention and investigation services. Measure S can also be used to leverage grant funds and key infrastructure projects such as street maintenance, storm drain maintenance, and improvements to parks and other City facilities.

WHAT OVERSIGHT PROVISIONS ARE IN PLACE?
The City has established an independent Citizens’ Oversight Committee that meets annually to review expenditures for Measure S and help make sure that every penny supports voter-approved priorities. This committee is an advisory body comprised of five members that are appointed by the City Council in a public process. Their involvement will help ensure that funds will continue to be spent responsibly on services provided by the City for purposes that benefit the citizens of Cotati.

Additionally, all receipts of funds and expenditures are subject to audit by an independent auditing firm. The audited statements of revenues and uses are included within the City’s Annual Comprehensive Financial Report and the excerpted statement is included within this annual report.

Cotati Police Department
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WHAT MAKES UP THE TOTAL SALES TAX RATE?
As of June 30, 2022, the total sales tax rate in Cotati was 9.50% and is broken by recipients as follows:

California Sales and Use Tax Rates as of April 1, 2022
State 6.000%
County Transportation Funds 0.250%
Local-City of Cotati (Bradley Burns) 1.000%
Total State-Wide Sales and Use Tax Rate 7.250%
County* 1.250%
Measure S (formally Measure G) 1.000%
Total Sales Tax Rate in Cotati 9.500%
Detail of County Special Taxes
Sonoma County Library Maintenance Restoration Enhancement Act (SCLM) 0.125% Sonoma County Parks & Safety TT (SCPS) 0.125%
Sonoma County Mental Health & Homeless Services (SOMT) 0.250% Sonoma County Transportation Authority (SCTA) 0.250%
Fractional Code - SMART in Sonoma County (SMRT) 0.250%
Sonoma County Agricultural Preservation & Open Space District (SAPD) 0.250% Total 1.500%
State-Sales and Use
Tax, 6.00% State-County
Transportation
Funds, 0.25%
Local-City of Cotati
(Bradley Burns),

1.00%
County-Various
Special Sales Taxes,

1.25%
Local-Measure S,

1.00%
Breakdown of Cotati Sales Tax Rate
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SUMMARY OF PUBLIC BENEFIT
In 2022/23 the City received $3,082,161 in Measure S funding. The passage of Measure S continues to stabilize the City budget and allowsthe City to deliver on the expectations and desires of our community. This includes enhanced services in public safety and infrastructure maintenance, as well as continuing Recreation department and all their programing, which was made possible by Measure G, and is the reason the City can make significant investments in streets repaving, traffic safety, and building and park improvements.

PUBLIC SAFETY
Without a positive sense of public safety in our community, it can be difficult to bring in new business or families.

Measure S continues to enable the City to preserve our own Police Department by funding core operations and enabling key improvements to public safety, including hiring a full-time police officer and adding a traffic officer assignment starting in FY 2014/15. The City also added a Police Services Aide and a full-time dispatcher, as well as continuing to fund ongoing departmental operations. Maintaining the local police department also opened the opportunity to provide emergency dispatch services to Sonoma State University. The revenue from this shared services agreement has also allowed the hiring and continuation of an additional police officer and a part time dispatcher since FY 2017/18. The City additionally leveraged Measure S to support the 24/7 operations of the Mobile Crisis teams called Specialized Assistance for Everyone (SAFE).

Other elements of the public safety program are intended to improve community safety. This includes things such as street safety and lighting projects.

The City Council’s primary focus during FY 2022/23 was to continue to improve the overall level of public safety services in the City. The following is a summary of Measure S expenditures under the Public Safety Program:

1. The City continued to fund ongoing operations to preserve our local Police Department.

2. Continued replacement of aged vehicles with purchases and upfitting of three all-electric police vehicles.

3. Collaborated with Rohnert Park and Petaluma People Services to move to 24/7 operations for the Specialized Assistance For Everyone (SAFE) Team services which provide emergency crisis response to our community.

4. Utilizing the City's Local Road Safety Program (LRSP) process, the crosswalk at Lund Hill and Valparaiso was reconfigured to improve the safety for residents to include no parking signs on both sides of the street between W Sierra Ave and Nina Ct, and reconfiguring East bound and West bound flashing pedestrian crossing beacons.
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STREET, SIDEWALK, AND STORM DRAINAGE
The community expects and depends on well-maintained city streets, streetlights, traffic signals, sidewalks, and storm drains. Well-maintained roadways are safer and improve the visual appeal of our city. It is critical to be able to leverage available grants to bring in additional funds to benefit our community. In addition, to save money overall, it is critical to fund road maintenance early to prevent expensive repairs and reconstruction of our streets later.

The City Council’s primary focus during FY 2022/23 was to complete outstanding projects while continuing to invest in new improvements, all of which benefit the City with improved levels of maintenance in the streets, sidewalks, and storm drain systems. In any given fiscal year, construction projects will often carry across fiscal years, as the June 30 fiscal year end is in the middle of the construction season. Therefore, it is expected that each year the ratio of services and capital projects/equipment will fluctuate with the timing of project construction.

The following is a summary of Measure S expenditures under the Street, Sidewalk, and Storm Drain Program:

1. Continued funding of ongoing and improved services, including the full-time civil engineer, and continuing enhanced traffic signal, streetlight, and roadway landscape maintenance.

2. Completed design for the 2023 Street Construction and Improvement Project (Redwood Drive) to be completed in 2024.

3. Initiated construction on the 2024 Street improvement Project which included rehabilitation and preservation of streets consisting of Ahlstrom Circle, Chritensen Court, East School Street, Gilbert Court, Gilbert Way, Gravenstein Way, Wilford Lane, and Woodland Hill Drive. The Project consists of approximately 2 centerline miles of streets to receive preservation treatment (crack seal, dugouts, and slurry seal).

4. Street Construction and Improvements (Quick Strike) Project and consists of rehabilitating La Plaza and West Sierra Avenue and bicycle and pedestrian safety improvements. This project is available for grant funds due to matching contributions available due to Measure S.

5. Continued design on the City signage for wayfinding and City Welcome Signs. 2024 Street Improvement Quick Strike
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PARKS AND LANDSCAPING
The City operates and maintains many public parks, including La Plaza Park, Falletti Park, Draper Park, Kotate Park, Sunflower Park, Delano Park, Putnam Park, Mini Park, and the Santero Way Park. Parks provide key recreational opportunities for our residents, are local landmarks, and provide a venue for numerous community events.

The City Council’s focus during FY 2022/22 was to continue to improve the overall level of maintenance; improve existing facilities; and add high impact/low-cost safety improvements and amenities. The following is a summary of Measure S expenditures under the Park/Landscape Program:

1. Funded ongoing operations, including the cost of a full-time maintenance worker.

2. Construction of the Kotate Park playground, picnic areas and restroom. Project was completed early fiscal year 2023/24.

3. Completion of the Mosaic Wall benches at the corner of Old Redwood Highway and Hwy 116.

4. Funding Operations and Maintenance as well as programs at the Veronda-Falletti Ranch.

5. Continued maintenance of parks and clearing vegetation including the revitalization of Pocket Park replacing the hardscape, placing lighting for safety, and coordinating a volunteer planting day where new landscaping was installed.

6. Continued work on design for the park master plan including Civic Center Park, Sunflower Park, and Putnam Park.

7. Construction and initiation of public Wi-Fi in La Plaza Park.

8. Continued support of Creek Cleanup and events.
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PUBLIC BUILDING
The City operates and maintains several public buildings to conduct public meetings and provide core services to the community, including City Hall, Ray Miller Community Center and Cotati Room, Public Works Corporation Yard, Police Department, and the Cotati Train Depot.

The City Council’s primary focus during FY 2022/23 was to continue to improve the overall level of maintenance of the City Buildings. The following is a summary of Measure S expenditures under the Public Building Program:

1. Funded ongoing building operational costs.

2. Continued to fund building official inspection services and code enforcement.

3. Continued maintenance and repairs of building equipment.

4. Finalized reroofing of the Community Center as a part of the Civic Center refurbishment project.

5. Finalized the window replacement project which included corresponding siding repairs and then repainting for both City Hall and the Civic Center.
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RECREATION
During the recession and the ensuing budget cuts, the City’s Recreation Programs were eliminated. Since then, City Council has prioritized bringing back the Recreation Department with the use of Measure S funds. The Recreation Department includes a variety of classes, workshops, camps and events for all ages, as well as management of city facilities and parks for public use. The Recreation Department provides an opportunity to bring the public together for positive, healthy activities and provide a sense of community. The following is a summary of Measure S expenditures under Recreation for FY 2022/23:

1. Funded full-time Recreation Manager, Recreation and Facilities Coordinator as well as seasonal employment for up to six part-time camp staff to assist with special recreation programs.

2. Continued expansion and support of community communication through social network services and in person community outreach.

3. Funded all services and supplies needed to support the growing programs. In Fiscal Year 2022/23 , the following is a summary of Recreation programming and events:
a. Bunny Brunch
b. Staffed Free Children’s Summer Lunch
Program
c. Cotati Candyland downtown trick or
treating event
d. Promote & support Cotati Shop & Stroll
e. Promote & support Cotati Farmers
Market
f. Bunny Grams
g. Valentine Grams
h. Counselor in Training Program
i. Community Yard Sale
j. Return of Movies in the Park
k. Promote & Support National Night Out
l. Holiday Tree Lighting
m. Breakfast with Santa
n. Promote & support the bike-to-work day.
o. Contracted camps including Several
Farmster and Ammamatatti Camp
Programs at Falletti Ranch
Pickleball Classes
Camp Cotati Farmster Programs at the Ranch
Bunny Brunch
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SUMMARY
In FY 2022/23 , the City undertook a total of $1,619,179 in ongoing and improved services and $1,551,328 in capital improvements and equipment. During this fiscal year, the focus was on continued preparation for continued significant capital projects for construction, as well as completion of key projects which started during fiscal year 2022/23. The City is proud of the safety improvements both planned and implemented as well as the street revitalization investments made and in design during the fiscal year. The City looks forward to using Measure S to continue to provide many more critical infrastructure projects as well as continued improved services to our citizens.

Measure S continues to be critical for funding essential city services and infrastructure projects. The City is actively working to promote economic development within Cotati to expand and diversify the tax base to provide more longterm revenue stability. The combination of dedicated local revenue from Measure S and a growing local economy provides the local revenue to deliver the services and infrastructure that the citizens of Cotati desire.

Breakfast With Santa Bunny Brunch Bike to Anywhere Day
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Measure S
Financial Summary
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Operations &
Maintenance

57.22%
Capital
Improvements &
Equipment

42.28%
State
Administrative
Fees

0.50%
Measure G/S - Inception To Date
Expenditure Uses
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44 of 160
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Street, Sidewalk,
and Stormdrain
$154,563
Public Safety
$890,447
Recreation
$394,148
Park/Landscape
$117,998
Public Building
$121,366
Operations and Maintenance
Expenditure Detail
Street, Sidewalk,
and Stormdrain
$576,026
Public Safety
$140,451
Park/Landscape
$409,563
Public Building
$277,599
Capital Improvement and Equipment
Expenditure Detail
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STATEMENT OF REVENUE AND USES

FOR THE FISCAL YEAR ENDING
JUNE 30, 2023
The following statements are developed for presentation within the audited financial statement for the City of Cotati for the Fiscal year ending June 30, 2023. Audit fieldwork was completed by Badawi and Associates on January 26, 2024, and the Comprehensive Annual Financial Report was presented for final approval by the City Council on February 13, 2024.

For more information about the City's historical financial activities, you can view the City's audited basic financial statements at City Hall or online at: https://www.cotaticity.org/195/Financial-Statements 47 of 160
Voter Pamphlets
48 of 160
\'

VOTER'S PAMPHLET

MEASURES, ANALYSES AND ARGUMENTS
(whichever is applicable to your ballot)
Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors.

CITY OF COTATI

MEASUREG
Cotati Essential City Services Measure. To maintain
G Cotati as a viable, independent, financially stable City, address State takeaways, prevent potential Police
Department elimination/permanent service cuts, and
maintain law enforcement staffing levels and other City services, including domestic violence response, street paving, and pothole repair, shall the City of Cotati extend its existing Mem;ure A sales tax and set the rate at 1 ¢for nine years, with independent citizens' oversight, annual audits, and no money for Sacramento?

CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE G
The City Council of the City of Cotati placed Measure G on the ballot to ask the City's voters to approve a temporary one percent (1%) transactions and use tax.

The proposed tax would add a penny to the price of an item that costs a dollar. Prior to placing Measure G on the ballot, the City Council unanimously declared the existence of an emergency in the City.

The ordinance proposed by Measure G contains findings that, as a result of factors largely outside of its control-such as the slow recovery from the recession, increased expenses, and the continued taking of City revenues by the State-and despite having taken steps to reduce its operational costs, the City is experiencing an existing and immediate funding crisis. The ordinance further finds that, absent additional General Fund revenue, the City Council will consider reducing police and other essential services, including the possible elimination of the City's Police Department. The ordinance finds that as a result, a fiscal emergency exists within the City.

Because Measure G would not limit the use of tax revenue, it is a "general tax," not a "special tax" that restricts the funds to specific purposes.Therefore, the City may use the funds for any legitimate governmental purpose. Among the examples of general services to be funded by the measure, as described in the ballot question, are maintaining the City's Police Department, including staffing levels, domestic violence response services, street paving, and pothole repair.

The proposed tax would terminate automatically after nine years, unless extended by the voters.

Measure G would require an independent auditor to provide an accounting of the revenue received as a result of the proposed tax and expenditures of the revenue in the City's audited financial statements. The auditor must present a report to the City Council regarding the use of tax proceeds. The report must be a public record.

Technically, the existing "sales tax" is a combination of "sales and use tax" and "transactions and use tax." With some exceptions, both are levied on the sale or use of tangible personal property sold at retail. Retailers collect the tax at the time of sale and remit the funds to the State Board of Equalization, which administers the tax. ·
In 2010, Cotati voters approved Measure A, increasing the sales tax rate from

8.25% lo 8. 75% for five years. Measure G would replace the Measure A tax and set the sales tax rate at 9.25% for nine years. If Measure G is not approved, the current rate will continue until July 2015 and then become 8.25%. Revenue from Measure G would go to the City's general fund and be available to support the full range of municipal services.

A "Yes" vote is a vote to approve a one-cent sales tax for nine years, with annual review by independent auditors. A "No" vote is a vote against the tax. Measure G would be approved if it received a simple majority of "Yes" votes. s/ Robin Donoghue, City Attorney
City of Cotati

ARGUMENT IN FAVOR OF MEASURE G
Vote Yes qn G to maintain Cotati's status as a viable, independent City and prevent the elimination of our local Police Department!
Yes on G protects our City from the Sacramento money grabs that have resulted in hundreds of thousands of dollars being taken from CotaHs City budget.

Yes on G maintains guaranteed local funding for the vital public safety and community services you expect and rely on, with money that cannot be taken by Sacramento or Washington.

Yes on G ensures your tax dollars are spent locally to keep Cotati financially stable.

Yes on G is not a new tax. It simply continues existing, voter-approved funding at the one cent sales tax rate-ensuring that out-of-towners who use our local services pay their fair share. A majority of Cotati's sales tax is paid by out-of-town shoppers coming to local destinations like Lowe's.

Measure G is not a property tax or a tax on Cotati homeowners, and it does not apply to food purchased as groceries or prescription medication.

Over the last several years, the City has reduced staffing by 28%, frozen wages for over 6 years, reduced employee benefits, and reduced its overall general fund budget by 11 %. Cotati has made every cut possible and we need Measure G to maintain current service levels and prevent more severe and potentially permanent service cuts.

Yes on G includes fiscal accountability provisions. Residents will have access to public expenditure reports, and annual independent audits continue to ensure City officials use voter-approved tax dollars as promised.

Join police officers, local business owners, and community leaders in voting Yes on G to protect and maintain Cotati's public safety and community services. For official information about Measure G, visit www.cotaticity.org COTATI CITY COUNCIL s/ Matthew Stapleton
s/ John A. Dell'Osso, Mayor Police Officer, Cotati resident COTATI CHAMBER OF COMMERCE s/ Prudence K. Draper
s/ Jami Brady, President 60-Year Resident and Taxpayer
s/ Moose Jamal
Local Business Owner

NO ARGUMENT WAS SUBMITTED AGAINST MEASURE G
Sonoma County 49-518 1111111111111111111111111
49 of 160

VOTER'S PAMPHLET

MEASURES, ANALYSES AND ARGUMENTS
(whichever is applicable to your ballot)
Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors.

FULL TEXT OF MEASURE G

AN ORDINANCE OF THE VOTERS OF THE CITY OF COTATI AMENDING CHAPTER 3.05 OF THE MUNICIPAL CODE TO EXTEND AND INCREASE A

TRANSACTIONS AND USE TAX ADMINISTERED BY THE STATE BOARD

OF EQUALIZATION
BE IT ORDAINED B'( THE VOTERS OF THE CITY OF COTATI:

SECTION 1. FINDINGS. The voters of the City of Cotati hereby find and declare as follows:
a. Cotati voters adopted Measure A in 2010, which imposed a transactions and use ("sales") tax of .05% and which sunsets in 20.15. b. Measure A has provided the City with a guaranteed source of local funding for local City services that cannot be taken by the state and has helped maintain the financial viability of the City. Since voters enacted Measure A, the City has maintained a full-service Police Department, with the ability to prevent and investigate property, domestic violence and other types of crime.
c. External costs beyond the City's control have increased faster than the City's revenue sources, including Measure A, and the Stale has continued to raid the City's coffers, taking $2.3 million from the City, including $600,000 from the general fund.
d. The City is experiencing an existing and immediate funding crisis, which is the result of factors largely outside of its control, including national economic trends, rapid increases in the cost of employee retirement and health insurance benefits, decreases in revenue from existing taxes and fees, increases in charges by the County of Sonoma, and unpredictable State takeaways of local revenue.
e. The City has taken significant steps to reduce its operational costs. It has reduced staffing by 28%, reduced employee benefits and reduced its overall general fund budget by 11 % while inflation has increased 20%. f. The City has used its available General Fund balance to bridge the structural budget deficit, meaning it has used all available financial resources and will have none available to maintain services.
g. Because of changes in State law, particularly the approval of Propositions 62 and 218, the City has very few means available for increasing General Fund revenue.
h. Absent an extension and enhancement of the funds provided by Measure A, the City Council would have no choice other than to implement severe reductions in City services and potential elimination of the Police Department.

Just extending Measure A would be inadequate to address the returned emergency that faced the City in 2010. The Measure must be expanded for nine years at one cent to protect our local, high-quality services and ensure our Police Department has the resources it needs to keep Cotati safe. i. Without further action, the revenue measure will expire in 2015, resulting in the loss of over $900,000 of funding for essential City services. j. Unless Measure A funds are enhanced and extended, public facilities and property will not be properly maintained, public safety standards will degrade, crime and violence will increase, the community will not have adequate and safe recreational opportunities, businesses and families will be discouraged from moving to or remaining in Cotati, and the health, safety, and welfare of the residents of Cotati will be endangered.
k. Because of that threat to the public health, safety, and welfare, The City Council, at its Regular meeting on February 11, 2014 unanimously adopted Resolution No. 2014-04, declaring that an emergency exists in the City, as the term "emergency" is used in Article XlllC, section 2(b) of the California Constitution. The City must immediately address that emergency by ensuring that the City has the resources necessary to preserve the public health, safety, and welfare.

I. The identified emergency necessitates that the City Council submit a tax measure to the voters of Cotati at the June 3, 2014 election, even though such an election would not be consolidated with a general election for a member of the Council.
m. Arti~le XlllC, section 2(b) of the California Constitution permits the City, in emergency situations unanimously declared by the Council, to seek voter approval for a general tax at an election that is not consolidated with an election for a member of the Council.

SECTION 2. AMENDMENT OF CODE. "Chapter 3.05 Transactions and Use Tax" of the Cotati Municipal Code is hereby amended to read as follows:

Section 3.05.010. TITLE. This ordinance shall be known as the City of Cotati Transactions and Use Tax Ordinance. The City of Cotati hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

Section 3.05.020. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. The operative date is anticipated to be October 1, 2014.

Section 3.05.030. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 ofDivision 2which authorizes the City to adopt thii; tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the lax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance:

Section 3.05.040. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

Section 3.05.050. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1 % of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

CONT. NEXT PAGE
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50 of 160

VOTER'S PAMPHLET

MEASURES, ANALYSES AND ARGUMENTS
(whichever is applicable to your ballot)
Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors.

FULL TEXT OF MEASURE G, CONT.

Section 3.05.060. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivei:y charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.

Section 3.05.070. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1 % of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Section 3.05.080. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and excep,1 insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and TaxCjtion Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

Section 3.05.090. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of ttie State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereoD, 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

Section 3.05.100. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

Section 3.05.110. EXEMPTIONS AND EXCLUSIONS.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other ttian fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division

3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and ·
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal properly arises under a lease which is a continuing purchase of such property for. any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

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51 of 160

VOTER'S PAMPHLET

MEASURES, ANALYSES AND ARGUMENTS
(whichever is applicable to your ballot)
Arguments in support of, or in opposition to, the proposed laws are the opinions of the authors.

FULL TEXT OF MEASURE G, CONT.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursu· ant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

Section 3.05.120. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 ofDivision 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

The foregoing amendments shall not require voter approval.

The following amendments to this ordinance must be approved by the voters of the City of Cotati: increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of the preceding paragraph); or extending the tax beyond the ninth anniversary of the operative date. The City Council may otherwise amend this ordinance without submitting the amendment to the voters for approval.

Section 3.05.130. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Section 3.05.140. ANNUAL AUDIT AND PUBLIC REPORT. Annually the City Council retains an independent auditor to conduct an audit of and provide audited financial statements for all of the City's financial activities. The auditor shall include an accounting of the revenue received from the tax and expenditures thereof in the audited financial statements. The auditor's report shall be presented to the Council and made available to the public. Additionally, the Director of Administrative Services shall annually prepare and present to the Council and the public a report in conjunction with the audit that reviews the status and performance of the programs and services filnded wholly or partially with proceeds of the tax.

Section 3.05.150. TERMINATION DATE. The authority to levy the tax imposed by this ordinance shall expire on the ninth anniversary of the operative date, unless extended by a majority vote of the voters of the City.

SECTION 3. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 4. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately.

SECTION 5. PUBLICATION. The Clerk of the City of Cotati is hereby directed to cause the following summary of the ordinance to be published by one (1) insertion in The Community Voice, a newspaper of general circulation, circulated in the City of Cotati:

Contingent upon majority voter approval, this ordinance adopts a one cent ( 1 % ) transactions and use tax on the sale or consumption of tangible personal property within the City of Cotati. The tax shall terminate automatically upon the ninth anniversary of the State beginning to collect it, unless extended by the voters.

Sonoma County 49-521 1111111111111111111111111
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Resolution Establishing
Measure G Citizens
Oversight Committee
As Adopted September 2015
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF AGREEMENTS TO COORDINATE AND FUND

LEGAL RESEARCH AND ANALYSIS REGARDING THE

IMPACT OF POTTER VALLEY PROJECT DIVERSIONS
Date: April 23, 2024
Written by: Craig Scott, Director of Public Works/City Engineer Recommendation
It is recommended the City of Cotati City Council approve by motion: 1. A Confidentiality and Common Interest Agreement and 2. A Letter Agreement between Marin Municipal Water District and Cities of Santa Rosa, Rohnert Park, Petaluma, Sonoma, Cotati, Town of Windsor, North Marin Water District, and Valley of the Moon for Funding Legal Research and Analysis regarding the Impact of Potter Valley Project Diversions on the Sonoma County Water Agency’s Water Rights and Obligations.

Background
Sonoma Water for decades has diverted water discharged into the Russian River Basin by PG&E’s Potter Valley Project (PVP). With PG&E’s intentions of surrendering its license to operate the PVP and decommissioning the facility, Sonoma Water and its Water Contractors face the risk of losing this water supply. Sonoma Water and the Contractors have been working together to analyze the impacts of PG&E’s delicensing on future water deliveries. This collaboration requires sharing sensitive information that is protected by attorney-client privilege.

The proposed confidentiality agreement is to maintain this confidentiality. Separately, but related through the PVP, Marin Municipal Water District, is proposing to conduct research and analysis regarding the impact of PVP diversions on Sonoma Water’s water rights and obligations. The second agreement is for the Contractors to share in the cost for this research.

Analysis/Discussion
In 2019, PG&E announced it will not seek to relicense its FERC license to operate the PVP.

Since that time, Sonoma Water and its Water Contractors have been meeting under a confidentiality agreement, to discuss the surrender and decommissioning proceedings and 57 of 160
analyze what it could mean to Sonoma Water deliveries to its Water Contractors. With PG&E now developing a final surrender and decommissioning plan, for submittal to the Federal Energy Regulation Commission by January 29, 2025, an Eel-Russian Water Authority has been formed and has the power to negotiate with PG&E and to own, construct and operate a new water diversion facility. The increased certainty of PG&E’s plans to decommission the PVP and the creation of the Eel-Russian Authority, have prompted the Water Contractors to renew the confidentiality agreement and to perform research on the diversions impacts on Sonoma Water’s water rights. By signing onto these agreements, the City will be able to participate in the regular collaborative meetings to track the decommissioning process and continue to develop a better understanding of the impacts of the decommissioning and subsequent design, construction and operation of a new diversion facility on the deliveries to the Water Contractors.

Financial Considerations
The City’s share of the $100,000, water rights analysis effort is $6,983. Of which $6,250 is the equal 50% ($50,000) cost share, and the remaining $733 is for the proportional 50% ($50,000) cost share based on the number of service connections (Exhibit A). This cost is to come from the water operations fund. For Fiscal Year 2023/24, these funds are available for reclassification of available budget for the portion of the unspent utility rate review. For Fiscal Year 2024/25, the balance will be accounted for within the proposed budget to be presented to Council at the next budget study session, and for adoption in June 2024. As such no budget adjustment or additional appropriation of fund balance is required currently.

Environmental Issues
Signing the Confidentiality and Cost Sharing agreements do not constitute a project under the California Environmental Quality Act (CEQA), per the definition of a project identified in Section 15378 of CEQA in that there will be no direct, or reasonably foreseeable indirect physical change in the environment.
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1 CONFIDENTIALITY AND COMMON INTEREST AGREEMENT
This Confidentiality and Common Interest Agreement (Agreement), dated as of __, 2023 is hereby entered into by and between the following public entities: City of Santa Rosa, Marin Municipal Water District, North Marin Water District, City of Petaluma, City of Rohnert Park, City of Cotati, Town of Windsor, City of Sonoma, and the Valley of the Moon Water District (sometimes individually referred to as Party, and collectively as Parties).

RECITALS
WHEREAS, the Pacific Gas & Electric Company (PG&E) owns that certain hydroelectric project commonly known as the Potter Valley Project (Potter Valley Project or PVP) by which PG&E for many decades has diverted, and continues to divert, water from the Eel River to generate hydroelectric power before discharging the diverted water into the Russian River Basin pursuant to License No. P-77 issued by the Federal Energy Regulatory Commission (FERC); and
WHEREAS, the Potter Valley Project’s historic and ongoing discharge of certain Eel River water flows into the Russian River Basin physically increases the availability of water to meet various urban, agricultural and ecological water needs in the Russian River Basin; and
WHEREAS, the Sonoma County Water Agency (Sonoma Water) for many decades has diverted, and continues to divert, certain water discharged into the Russian River Basin by PG&E’s Potter Valley Project, consistent with certain water rights owned by Sonoma Water; and
WHEREAS, Sonoma Water uses its Russian River diversions to supply water deliveries pursuant to the 2006 Restructured Agreement for Water Supply (Restructured Agreement) and certain other supplemental water supply contracts; and WHEREAS, the Parties have either signed the Restructured Agreement or a supplemental water supply contract with Sonoma Water, and they significantly rely on Sonoma Water’s deliveries of water under these agreements to provide public water service to families, farms, workplaces, schools and other uses within the Parties’ 59 of 160
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2 respective service areas; and
WHEREAS, PG&E has elected not to renew its FERC license for the PVP and instead seeks FERC’s approval to surrender the license and to decommission the Potter Valley Project; and
WHEREAS, PG&E is preparing a PVP decommissioning plan for public review prior to formally filing a proposed plan with FERC, which plan may include removal of certain Potter Valley Project facilities, including Scott Dam, Cape Horn Dam and facilities that currently facilitate water diversions from the Eel River to the Russian River Basin and which are expected to have an impact on the water diversions from the Eel River to the Russian River Basin; and
WHEREAS, the Parties anticipate that in connection with the proposed decommissioning plan to be filed with FERC by PG&E administrative and court litigation will be filed by one or more interests to challenge FERC's final decision in the decommissioning proceedings and that in addition to these challenges, other legal challenges are likely to follow, including, but not limited to, administrative proceedings and court litigation pertaining to continued PVP diversions, if any are anticipated in the proposed decommissioning plan, as well as the impacts of discontinued diversions from the PVP on Sonoma Water given potentially competing interests in the upper Russian River Basin and the Eel River; and
WHEREAS, the Parties share a common interest in assuring Sonoma Water continues to meet its contractual obligations to the Parties regardless of PVP diversions and other upper Russian River Basin water users; and
WHEREAS, each Party’s counsel recommends that the Parties cooperate in analyzing and discussing potential outcomes, risks, and options for responding to PG&E’s decommissioning proceedings for the PVP and any resulting administrative or judicial litigation, as well as certain legal issues relating to the priority of Sonoma Water’s rights to divert Russian River water relative to other water right holders (not the Parties) if PVP diversions from the Eel River are reduced or entirely curtailed; and WHEREAS, the Parties’ pursuit of effective cooperation is anticipated to require the sharing of sensitive information that is protected by the attorney-client privilege, the work-product doctrine, the deliberative process privilege, the official information privilege, or other applicable privileges or protections against forced disclosure; and WHEREAS, the Parties therefore wish to set forth in this Agreement the terms 60 of 160
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3 and parameters by which they may preserve the confidentiality and privileges applicable to information and materials the Parties find it necessary to share in furtherance of their common interest in maximizing the water supply available to Sonoma Water for use in making contract water deliveries to the Parties.

TERMS OF AGREEMENT
THEREFORE, the Parties agree as follows:

1. The preceding recitals to this Agreement are hereby incorporated into and made a part of this Agreement.

2. The purpose of this Agreement is to memorialize the Parties’ intentions concerning the exchange of information among them in their investigation and advocacy on issues relating to potential outcomes, risks, and options for responding to PG&E’s decommissioning proceedings for the PVP and any resulting litigation, as well as certain legal issues relating to the priority of Sonoma Water’s rights to divert Russian River water relative to other water right holders (not the Parties) if PVP diversions from the Eel River are reduced or entirely curtailed, and to support a joint defense, joint prosecution, and/or common-interest-based assertion by the Parties, or any Party, of the attorney-client privilege, work product doctrine, deliberative process and official information privileges, and any other privileges and protections that may apply to any Confidential Information (as defined by Section 3 below) that might be shared among the Parties to this Agreement pertaining to the subject matter set forth in the Recitals. This Agreement addresses the exchange, handling, security, and disclosure of documents, data, and oral and written information that are not required to be produced in response to discovery requests or California Public Records Act (CPRA) requests, and that may be shared by the Parties to this Agreement. The Parties intend that the exchange of Common Interest Communications among Parties to any Party or Parties will not constitute a waiver of any privilege or protection, including without limitation the attorney-client privilege, the attorney work product doctrine, and the deliberative process and official information privileges. The Parties agree that any consultation between or among the Parties or their counsel, and any exchange of work product or other Confidential Communications are in reliance on the Parties’ common interests, as described herein, and their intent to share information and to cooperate in these efforts without waiving any privilege or protection. In that regard, the Parties have agreed to provide reasonable cooperation in the execution of their respective duties under this Agreement. However, no obligation to share any documents, data or information is 61 of 160
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4 created by this Agreement.

3. For purposes of this Agreement, "Confidential Information" means any documents, data, or information (including correspondence, reports, studies, memoranda of law and/or fact, factual material and summaries, mental impressions, transcripts, digests, and any other written material or oral information of any kind whatsoever) that relate to matters addressed by this Agreement that any Party receives from any other Party or its officers, partners, employees, agents, consultants, attorneys, representatives, or exports that would otherwise be protected from disclosure to third parties pursuant to applicable legal and evidentiary privileges, including the attorney-client privilege, work product doctrine, the deliberative process and official information privileges, and exemptions from disclosure under the California Public Records Act (Government Code sections 6250 et seq.). Confidential Information may also include, but is not limited to, financial, appraisal, statistical, personal, engineering, technical, and other data and information or to legal claims and disputes arising therefrom. Such information may be generated by a Party or provided to a Party by non-employee agents of the respective Parties, including consultants and legal counsel.

4. The Parties agree that any Confidential Information they elect to share with any other Party pursuant to this Agreement will only be shared because it is necessary to further their common interests. The Parties hereby affirm that disclosure of Confidential Information among the Partiessubject to this Agreement is essential to effective representation of the Parties by their respective counsel, collectively and individually, on matters of common interest described in the Recitals above, and that the Parties intend that the common interest doctrine govern the communication of Confidential Information and materials under this Agreement. In this regard, the shared Confidential Information is intended to advance the Parties’ shared interest in securing legal advice on the common matter related to their efforts to prosecute or defend against claims and/or defenses raised in any legal, judicial, regulatory, administrative, or legislative action or activity.

5. Confidential Information may be disclosed or transferred between any or all of the Parties orally or in writing and by any other appropriate means of communication.

The Parties agree that all Confidential Information shared pursuant to this Agreement shall be held in strict confidence by the Parties and by all persons to whom the Confidential Information is disclosed and shall not be disseminated to anyone or any entity beyond such Parties. The Parties agree that all persons permitted access to any 62 of 160
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5 Confidential Information shall be specifically advised that the Party to which they are attached is bound by the terms of this Agreement, that the Confidential Information is privileged, confidential, and subject to the terms of this Agreement, and that they must agree to be bound by the terms of this Agreement as a condition to receiving Confidential Information. If Confidential Information is intended by the disclosing Party to be disclosed or transferred only to one or more specific Parties to this Agreement, the disclosing Party shall specify the Parties who are entitled to review or receive this Confidential Information. All Parties agree that they will not share or disclose such Confidential Information to any Party or person who is not designated by the disclosing Party.

6. All Confidential Information that is privileged or protected as to any of the Parties, their counsel, employees, agents or consultants, will remain privileged and protected notwithstanding the communication of such Confidential Information or communicationsto and among the Parties, and their counsel, employees, agents and consultants in accordance with California Evidence Code section 912(d), as recognized by the "common interest doctrine" described in Raytheon Co. v. Superior Court (1989) 208 Cal.App.3d 683, and the cases decided thereafter, which allow entities to share privileged communications without waiving a statutory privilege, when certain conditions are fulfilled.

7. The Parties shall take all necessary measures to protect Confidential Information and, consistent with provisions of the CPRA, California’s Discovery Act, and any other laws requiring disclosure, treat any shared Confidential Information as confidential. The Parties shall impose all the requirements of this Agreement on all of their respective officers, members, employees and agents with access to Confidential Information. Furthermore, any Confidential Information obtained by the Parties shall only be usedfor purposes which are consistent with existing law. As provided in Government Code section 6254.5, any exchange of Confidential Information among the Parties for the purpose of advancing the common interest described herein shall not constitute a "waiver" of any exemption provided under the California Public Records Act.

8. The Parties shall ensure that all media, including electronic media, containing Confidential Information to which the Parties, and any of their officers, employees, and agents, whom are given access, are protected at the level of the most confidential or sensitive piece of data on the media. Any Party shall notify all other Parties promptly if a security breach involving Confidential Information occurs.
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6 9. The Parties agree to notify one another promptly of any requests or demands by subpoena, discovery request, the California Public Records Act, or otherwise, for disclosure of any Confidential Information. If the Parties are legally compelled to disclose any Confidential Information to any outside party, the following procedures shall be followed:
a. The Party that received the request or demand shall notify the other Parties and initially determine whether the requested or demanded Confidential Information may be protected pursuant to law. b. Any Party to this Agreement shall have the right to seek a protective order that may be based upon a privilege that another Party that received the request or demand might hold.
c. If such an order is sought, the Party that received the request or demand will refrain, to the extent provided by law, from disclosing the requested or demanded Confidential Information until such time as a final disclosure agreement or judicial determination is made concerning the request or demand. The costs and expenses for seeking a protective order, including any attorney's fees, shall only be borne by the Party opposing the request or demand.

10. Nothing in this Agreement shall constitute or is intended to be a waiver of any attorney client privilege, work product privilege, deliberative process or official information privilege, or any other privilege, exemption, or immunity, including protections or requirements imposed by or available under any applicable law. All documents and other information comprising Confidential Information hereunder shall remain subject to the applicable privileges and will be kept confidential by the Parties.

11. Any written Confidential information that is shared or exchanged will be clearly marked "Confidential Common-interest Communication," "Confidential-Attorney Client Privileged Communication,” and/or “Attorney Work Product Privileged," or by other markings asserting any applicable protection or privilege, except that inadvertent failure to mark any written or electronic Confidential Information shall not be deemed a waiver of any applicable privilege.

12. Any Party who receives Confidential Information shall not disclose such 64 of 160
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7 Confidential Information or the information imparted thereby to any third party without the express prior written consent of the other Parties. Where a Joint Defense Communication was disclosed or transferred only to one or certain Parties to this Agreement, the receiving Party or Parties shall not disclose such Confidential Information or the information imparted thereby to any other Party or any third party without the express prior written consent of the disclosing or transferring Party or Parties. Any unauthorized disclosure of any Confidential Information to any unauthorized Party or to any third party shall not constitute a waiver of any applicable privilege or protection. However, no provision in this Agreement shall be construed to limit the right of any Party to disclose any documents or information that such Party obtained through means other than the sharing of Confidential Information pursuant to this Agreement.

13. Unless required by law, this Agreement will not be disclosed or used as evidence for any purpose, including, but not limited to, evidence in support of or opposition to a motion to compel the production of evidence, unless it is offered to support the privileges the Parties intend to be preserved under this Agreement.

14. The restrictions of this Agreement on the use and disclosure of Confidential Information shall not apply to information that:
a. Is or becomes publicly known or available by actions not in violation of this Agreement.
b. Is required to be disclosed pursuant to any applicable statute, law, rule or order of any governmental authority of competent jurisdiction or pursuant to any order of any court of competent jurisdiction. In cases where there is a question as to whether Confidential Information consists of privileged documents or communications not subject to disclosure, or whether it constitutes a public record or is exempt from disclosure under the CPRA, the Party considering the disclosure of such documents or information shall comply with Section 9 of this Agreement.

15. The Parties agree that this Agreement may only be amended in writing.

16. The Parties agree that if a consultant or expert is jointly hired by the Parties or is retained by an individual Party for a matter on which a common interest exists with 65 of 160
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8 respect to the adverse claims, that consultant or expert is covered by the joint defense and/or common interest doctrines and that privileges or protections applicable to the consultant or expert’s work product or to any Party’s communications with the consultant or expert shall not be waived by sharing such work product or communications with other Parties to this Agreement.

17. Nothing in this Agreement shall be construed to restrict the right of a Party to undertake separate investigative efforts or legal research in connection with the PVP decommissioning proceeding, and the anticipated administrative or judicial litigation. Any Party undertaking such separate efforts shall be free to disclose or use the results of the separate and independent efforts in any manner that Party desires, without the consent of the Parties or any other Party.

18. Each Party agrees that the confidentiality obligations set forth herein apply to Confidential Information shared among the Parties upon and subsequent to this Agreement's formal execution, as well as to Confidential Information that may have been communicated between and/or among the Parties and their legal counsel prior to the formal execution of the Agreement and thus, to that extent, this Agreement is intended to continue the prior understanding of the Parties regarding the confidentiality of such materials and information.

19. Each Party agrees that the confidentiality obligations set forth herein shall survive the termination of this Agreement. If a Party withdraws from this Agreement, the provisions of this Agreement shall continue to apply to the Confidential Information that was shared with the withdrawing party prior to the formal execution of this Agreement as well as to the Confidential Information shared during the time period when that Party was a party to this Agreement. In addition, if this Agreement is terminated for any reason, each Party shall be obligated to continue to protect the confidentiality of Confidential Information in its possession or knowledge as of the date of termination of the Agreement as provided by law.

20. The Parties acknowledge that any other common interest, joint defense or confidentiality agreements which may exist between the Parties shall remain in effect. This Agreement shall not supersede or amend any other such agreement and shall not prohibit any Party from entering into any common interest, joint defense or confidentiality agreement with any Party or non-Party to this Agreement; provided that any such new agreement shall have no effect on the rights and obligations of the Parties pursuant to this Agreement.

21. Nothing in this Agreement shall be construed to (a) create an attorney-client 66 of 160
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9 relationship between any Party and/or counsel to any other Party; (b) create any agency relationship among the Parties and/or their counsel, including a joint venture or partnership; or (c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in the client’s best interests. Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party’s counsel is disclosed to other Parties in furtherance of the Parties’ common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party’s counsel due to the performance of such work or because of information obtained in the course of such work.

22. Except by separate agreement, and subject to Section 9 of this Agreement, each Party shall be responsible for its own attorney’s fees related to this Agreement, any actions required under this Agreement, or in any administrative or judicial litigation contemplated by this Agreement.

23. Any dispute or proceeding to interpret or enforce this Agreement will be brought in a court of competent jurisdiction in Sonoma or Marin County, California, under California law. Any costs associated with such dispute or proceeding shall be borne separately by the Parties.

24. The Parties agree that this Agreement was jointly drafted by each Party, and no inference or rule of construction shall be applied based on the assumption that any individual Party drafted any provision in this Agreement.

25. This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts together shall constitute one and the same document. The Parties agree that an electronic signature shall be effective and binding as an original signature.

26. The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date last written below.
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SIGNATURE PAGE
Common Interest Agreement

MARIN MUNICIPAL WATER DISTRICT
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

CITY OF SANTA ROSA
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

ROHNERT PARK
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

PETALUMA
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________
SONOMA
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________
COTATI
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

TOWN OF WINDSOR
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

NORTH MARIN WATER DISTRICT
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

Marin Municipal Water District
Attn: Director of Water Resources
220 Nellen Ave
Corte Madera, CA 94925
Letter Agreement
Between and Among the
Marin Municipal Water District,
Cities of Santa Rosa, Rohnert Park, Petaluma, Sonoma, Cotati, Town of Windsor North Marin Water District and Valley of the Moon Water District For
Funding Legal Research and Analysis regarding the Impact of Potter Valley Project Diversions on the Sonoma County Water Agency’s Water Rights and Obligations

1. General
The Marin Municipal Water District and other listed parties to this Letter Agreement (Cities of Santa Rosa, Rohnert Park, Petaluma, Sonoma, Cotati, Town of Windsor and North Marin and Valley of the Moon Water Districts) (hereinafter each a Party and collectively the Parties) have entered into a Confidentiality and Common Interest Agreement (CCIA) addressing the Parties’ joint interest regarding the impact of the Potter Valley Project (PVP) water diversion, or lack thereof, on the Sonoma County Water Agency’s (Sonoma Water) water rights, in particular as they pertain to Sonoma Water’s contractual obligations to deliver water to the Parties, especially during periods of curtailment due to water shortage and relative to the interests of upper Russian River water users, in order to better understand and protect their respective interests and ability to fulfill their respective obligations to serve the needs of their retail water customers in light of the proposed decommissioning scenarios being considered for PVP, as further described in the CCIA. Marin Municipal Water District (Marin Water) has agreed to task their legal counsel, Eric Robinson, with Kronick Moskovitz Tiedemann & Girard, to complete the above described legal research and analysis (the Work), and pursuant to the terms of this Letter Agreement and the CCIA, to share the Work with the Parties. The Parties now desire to establish a cost sharing agreement whereby the Parties will reimburse Marin Water for the out of pocket attorneys’ fees and costs resulting from this work as administered by Marin Water.

2. Cost Share
The Parties agree that the total budget for the Work will not exceed a total of one hundred thousand dollars ($100,000) without the prior written consent of all the Parties. The base cost of the Work shall be shared fifty percent (50%) on an equal basis and fifty percent (50%) on a pro-rated basis based on the 69 of 160
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number of water service connections existing in each Party's service territory as of July 2023 (collectively "Cost Share"). Said Cost Share for each Party is shown on Exhibit A attached to this Letter Agreement and incorporated by this reference.

3. Payment
Reimbursement to Marin Water by each Party pursuant to the Cost Share identified in Section 2 above shall be made within thirty (30) days following receipt of an invoice for the Work or any portion of the Work up to the total not to exceed amount, with payments remitted as follows:

The invoice will set forth the total amount invoiced to Marin Water for legal services for the Work, and each Party’s cost share amount along with the total amount remaining in the not-to-exceed budget for the Work.

4. Nothing in this Agreement shall be construed to (a) create an attorney-client relationship between Marin Water’s special water counsel, Eric Robinson of Kronick Moskovitz Tiedemann & Girard, and any Party and/or counsel to any other Party; (b) create any agency relationship among the Parties and/or their counsel, including a joint venture or partnership; or (c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in their client’s best interests. Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party’s counsel is disclosed to other Parties in furtherance of the Parties’ common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party’s counsel due to the performance of such work or because of information obtained in the course of such work.

4. Letter Agreement Authorization
This Letter Agreement constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Letter Agreement. This Letter Agreement may be signed in counterparts. By signing below, the Parties signify authorization to enter into this Letter Agreement as of the last date written below.

This Agreement may be executed and delivered in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, but such counterparts together shall constitute one and the same document. The Parties agree that an electronic signature shall be effective and binding as an original signature.

The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.
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SIGNATURE PAGE
Letter Agreement for Funding Legal Research and Analysis regarding the Impact of Potter Valley Project Diversions on the Sonoma County Water Agency’s Water Rights and Obligations

MARIN MUNICIPAL WATER DISTRICT
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

CITY OF SANTA ROSA
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

ROHNERT PARK
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

TOWN OF WINDSOR
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

NORTH MARIN WATER DISTRICT
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________

VALLEY OF THE MOON WATER DISTRICT
By: ____________________________
Name: _________________________
Title: __________________________
Dated: ____________________________
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Exhibit A -
City/Agency Number of Service Connections Cost Share of 50% Cost Share Factor Weighted Cost Share Sonoma 4,499 $ 6,250 2% $ 1,221
Cotati 2701 $ 6,250 1% $ 733
Windsor 9,402 $ 6,250 5% $ 2,551
Rohnert Pk 10,529 $ 6,250 6% $ 2,857
Petaluma 20,422 $ 6,250 11% $ 5,541
North Marin 20,583 $ 6,250 11% $ 5,584
MMWD 61,845 $ 6,250 34% $ 16,779
Santa Rosa 54,309 $ 6,250 29% $ 14,735
Totals 184,290 $ 50,000.00 100% $ 50,000.00
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: FISCAL YEAR 2023/24 - THIRD QUARTER - FINANCIAL UPDATE
Date: April 23, 2024
Written by: Angela Courter, Director of Administrative Services Recommendation
It is recommended that the City Council receive the presentation on the un-audited financial position for the City as of the Third Quarter Fiscal Year 2023/24.

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

Analysis/Discussion
General Fund:

Revenues:

The City of Cotati’s main revenue sources as a % of total General Fund Sources are Sales Taxes at 26.6%, Voter Approved Local Revenue (Measure S) at 27.75%, Property Taxes at 17% then other Taxes, Charges for Services, Permits and Licenses for a combined 29.2%.

Overall Revenues for the General Fund are $467,267 or 7.7% above the same period in Fiscal year 2022/23. There are additional accrued payments still pending and will be adjusted within the annual audited financial statements. Significant changes to the total revenues for the General Fund were:
• Other Taxes, primarily made up of cannabis business taxes, had increases of approximately 16% over prior year due to additional businesses operations. • Property Taxes received to date decreased over the previous year by approximately 6.8%, which is primarily due to reassessments of commercial properties. • Other Revenues received to date increased over 200% or by $148K primarily due to 73 of 160
reimbursements for administrative costs related to grants • Other Agencies increased by 115K or 96.7% over the prior year primarily related to state reimbursements for mandated reporting and catch-up payments for the SSU dispatch contract.
• Investment Earnings have increased approximately $55K and over 50% from the previous year due to active management of investments and increased interest rates for investments.
• Rents increased over the prior year by $35K or 45.3%due to increased facilities rentals for events post covid as well as a one-time renegotiating fee for the cell tower lease agreement for approximately $12K.

Expenditures:

Overall, cumulative General Fund expenditures increased from the previous year by approximately 14.1% or $1.1M. This change was due to increased transfers for capital projects and the additional discretionary payment made to CalPERS to pay down the unfunded pension liability.

By department, total dollar increases were noted in Police, Community Development, Public Works, and the Administrative Services Departments. Most of the increases are related to the proportional share of allocated expenses for the additional discretionary payment (ADP) to CalPERS and tech and data management. Other increases for the Administrative Services Department are related to one-time expenditure on recruiting efforts. Each department is anticipated to complete the fiscal year in line with the adopted budget. Staff will be proposing the estimated actual budget to the council with the budget studies for the Fiscal Year 2024/25.

Enterprise Funds:

The revenues for the Water Funds and Wastewater have continued to increase primarily related to the move to monthly billing, better matching the period of service with the revenues derived and expenditures incurred. Additional factors that increased revenues are the increases applied based on the adopted rate schedule.

For Fiscal Year 2023/24, most of the expenses are in line with the budget at year-end. Increases in salaries and benefits were primarily due to the additional discretionary payment made to CalPERS. Overall expenses are expected to be in line with the budget at the end of the fiscal year.

City-Wide Cash and Investments:

Cash and Investments remain stable at $18.1M, where most of the funds are held in US Bank Trust laddered investments (48%). Followed by liquid pooled investment funds at California Asset Management Program (44%), Local Agency Investment Funds (LAIF) and Sonoma County Investment Pool (SCIP) both with less than 1%, then Cash held in Escrow Funds of which $899K is liquid held for funding the park and ride project, and the remainder $293K is tied to the S. Sonoma Business Park Bond and will be paid out at maturity of the debt service.

The remaining balance is held within the City’s Operating Checking account held at Exchange Bank. The balances within the checking accounts are managed very closely to match availability 74 of 160
of funding requirements while optimizing investments to earning more returns.

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

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

THIRD QUARTER

BUDGET & ACTUALS REVIEW
Fiscal Year 2023/24
City of Cotati
76 of 160

FINANCIAL

REPORTING
• Citywide Overview
• General Fund
• Enterprise Funds
• Cash & Investments
77 of 160

CITY WIDE
78 of 160

CITYWIDE REVENUES &

EXPENSES
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CITYWIDE OVERVIEW
Revenues & Expenses On Target
Revenues are at 64.8% of Budget
• General Fund Revenues Sales tax and Other Tax are collected 1-2 months after relevant taxing period.
• Capital Projects –Due to the timing of transferring of funding and receipting for grant funds for capital projects
Expenses are at 63.9% of Budget
• Capital Projects Funds– are subject to timing of the projects in place and related activity incurred during the fiscal year.
80 of 160

GENERAL
FUND
Third Quarter
Budget Analysis
81 of 160

COMPARATIVE

REVENUES & EXPENDITURES
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Property Tax, $ 1,161,066
Sales Tax, $ 3,476,234
Other Taxes, $
467,214
Licenses, Permits &
Franchises, $ 345,129
Rent, $
113,036
Other Agencies, $
235,187
Other Revenues, $
206,759
Community Development
Charges, $ 237,996
Public
Works
Charg
es, $
60,69
3 Public
Safety...

Investment Earnings,
$ 163,041
C
Transfers ...

In, $
54,005
83 of 160

ENTERPRISE FUNDS

SUMMARY OF WATER & WASTEWATER
FUNDS 84 of 160

ENTERPRISE FUNDS ANALYSIS
WATER
• Revenues are at

77.5% of budget
• Expenses are at

62.7% of budget

WASTEWATER
• Revenues are
at 79.8% of
budget
• Expenses are
at 72.7% of
budget
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CASH & INVESTMENTS
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SUMMARY OF CASH AND INVESTMENTS AT
MARCH 31, 2024
• Total Exceeds
$18.1M
• In line with the
City adopted
investment
policy.
• Enough to meet
operational
needs for next 6
months in fiscal
year.
• City Utilizes
Pooled Cash
and Investments.
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US Bank Trust - Laddered
Investments, $ 8,769,578,
48%
California Asset Management
Program (CAMP), $
7,970,669, 44%
Cash Held In Escrow , $
1,192,255, 7%
Exchange Bank Operating &
Payroll Accounts, $ 135,630,
1%
Local Agency Investment
Funds - (LAIF), $ 11,713, 0%
Sonoma County Investment
Pool - (SCIP), $ 18,766, 0%
Cash & Investments by Holding -
$18.1 Million
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CONCLUSION
Fiscal Year was primarily on track with Budget and
improved over fiscal year 2022/23
City staff will continue to update the Council with
quarterly financial reports as well as the audited
financial for Fiscal Year 2023/24
City staff are committed to exercising prudence
and integrity in the management of public funds
and provide transparent accountability for its use
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Page 0 ends

Third Quarter Financial Report
Fiscal Year to Date: July 1, 2023, to March 31, 2024
Administrative Services 4/15/24 Q1-Q3 2023/24
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Introduction This financial report provides an overview of our where we are within the budget cycle, then a summary of the City’s financial position through the third quarter of Fiscal Year (FY) 2023/24 (July 1, 2023, through March 31, 2024) for (1) Citywide Revenues and Expenses, (2) the General Fund, (3) Enterprise Funds, and (4) Summary of Cash and Investments. Notable cumulative mid-year to midyear and preliminary amended budget to actual comparisons are included in this report.

The following factors should be taken into consideration when analyzing mid-year data:
• Revenues reported herein are calculated based on actual receipts through March 31, 2024. Some revenues are received later in the year, and as such can appear to be low at mid-year with variances smoothing out over the Fiscal Year.
• Some costs, such as subscription services and other dues, are typically incurred at the beginning of the Fiscal Year, so appear high at mid-year but are on-budget for the fiscal year, with variances smoothing out over the Fiscal Year.
• Construction projects, specifically street improvements, have a different project cycle which is offset from the Fiscal Year. As such, major projects are typically funded across two or more Fiscal Years.

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

Tentative Schedule for Budget Year 2024/25 Budget Workshops:
• Tuesday - February 20th - Strategic Planning Session - Completed • Tuesday - April 2nd - General Fund Budget Study Session - Completed • Monday - May 13th - Enterprise Funds Budget Study Session • Tuesday – June 11th – Budget Adoption
January
Mid-Year & Financial
Performance Review
February-March
Internal Budget Review,
Strategic/Long-Term and
Capital Planning
NOW* April - May
Draft Budget
Workshops
June
Budget Adoption
Salary Schedule
Adoption
Fiscal Policies
July - December
Financial Evaluations
Budget Adjustments as
Approved by Council
November-December
City Manager and Admin.

Services Budget Planning
Meetings
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Citywide Revenues and Expenses
*Other Special Revenues consists of the following funds: Grants, CDBG Grants, Gas Tax, MTC Streets, RMRA, Traffic Mitigation Fees, Park-In-Lieu, PEG, Public Safety, K9 Program, Inclusionary Housing, Linkage Affordable Housing, Community Facilities Districts, Measure M Parks, PEG, Bed Tax, and all Local Landscaping and Maintenance Districts.

City-wide Significant Variances
Fund type variances where revenues were less than 65 percent or expenditures are greater than 85 percent of budget as of mid-year were evaluated as follows:
• General Fund Revenues – The difference is primarily due to pending receipts for sales tax, property tax, and other taxes. See further discussion on pages 3-4 herein. • Other Special Revenues Expenditures are related to a one-time transactions and projects including the Park and Ride lot construction projects which utilizes Excess Bond Proceed Special Revenue Funds as well as the purchase or land at La Plaza View with Inclusionary Housing Special Revenue Funds.
• Capital Projects are subject to construction timing of the projects. The City has programed over $12 million in capital projects, utilizing funding from a combination of funding sources including the Streets Improvement Lease Revenue Bond, State and Local Grants, Special Revenue Funds, and General Fund Contributions. Capital Projects timeframes vary due to design and review processes before construction as well as the time to construct. For more information on the City projects they are displayed online both on the City budget at https://city-cotati-ca-budgetbook.cleargov.com/4249 on the City’s transparency portal at www.tinyurl.com/CotatiProjects. • Internal Service revenues are reflective of the timing of transferred funds required for the purchase of replacement fleet vehicles or to cover employee payouts. This transfer is expected to be complete by the end of the fiscal year.
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General Fund: Operating Revenues The following table includes cumulative revenue comparisons through the first half of the Fiscal Year 2022/23 and a revenue budget to actual comparison for Fiscal Year 2023/24.

General Fund operating revenues through the third quarter are approximately $467,000, or 7.7% above the same period in FY 2022/23. Overall revenues are at 61.4% of the budget. The percentage throughout the year is typically less than the percent of the fiscal year completed, or 75% for the third quarter, due to the timing associated with receiving some of the larger revenue sources. For instance, sales tax is the largest General Fund revenue source, but the receipts are received two months after the period paid by the consumers. The following is an explanation of other variations in revenues:
- Property Taxes received to date increased over the prior year by approximately 6.8% which is primarily due to additional Prop. 8 Recapture which added a combined $16 million of residential and commercial values, and the values of developed home sales by Richmond American Homes at Kessing Ranch. We anticipate meeting the total annual budget for the Fiscal Year 2023/24 with the remaining receipts for this fiscal year to be received in April and again in July. - Sales Tax revenues are very slightly up with an increase of $3,000 and less than 0.1% from the prior year. Compared to budget, these revenues are in line with expectations as we have received seven out of the twelve annual payments from the state due to the two month lag as mentioned above.

Based on the latest sales tax forecast, combined revenues for Fiscal Year 2023/24 are estimated to end 1.6% or $98,000 below the original adopted budget. This would lead to a combined sales tax revenue of just under $6.0 million, down $37,450 or 0.6% from the previous year’s actual balance of $6.0 million. This is consistent with the report provided at Mid-Year. This revenue stream will continue to be monitored and staff will provide the City Council with updated information during development of the FY 2024/25 budget.
- Other Taxes are primarily made up of Cannabis Business Tax. Last year had a decrease in taxes received which seems to have improved in the current fiscal year. Staff are continuing to monitor this revenue account. Financial and compliance reviews of each cannabis businesses was concluding during this quarter and no significant items were noted, and all revenue appears properly reported to the City.
- Licenses, Permits and Franchises are subject to timing as most franchise payments are due annually near the end of the fiscal year.
- Rents are primarily related to revenue from renting out community facilities and park space. This revenue source has continued to improve as more events, post covid, are planned. - Other Agencies increased from the previous year due to the timing of receipts for the State Mandated Cost from the State and the timing of receipts from SSU for the negotiated Dispatching Contract. 93 of 160

Page 4 ends

- Charges for Services have increased over the last year for Community Development are again working on new development projects or engaging in more reimbursable activities. Charges for Services for Public Works and Public Safety have slightly declined from the same period last year due to the timing of activities. Staff will continue to monitor these activities for possible adjustment for the proposed budget.
- Investment Earnings have increased primarily due to active investment management and increased interest rate earnings. City staff have proposed a mid-year budget adjustment to increase the expected income from earnings to an annual budget amount of just over $220,000. - Other revenues are misc. other receipts received by the City for general purposes. These are from one-time unbudgeted receipts.

General Fund: Department Operating Expenditures
The following table includes cumulative mid-year actual expenditure comparisons by department and again by expenditure type for Fiscal Year 2022/23 and Fiscal Year 2023/24 and an expenditure budget to actual comparison for Fiscal Year 2023/24.

Expenditures by Type
Overall, cumulative third quarter General Fund expenditures increased from the previous year by approximately 14.1% or $1.1M. Most of the increase was due to the timing of transfers out for capital projectsfollowed by Salaries and Benefits which increased due to additional discretionary payments made to CalPERS to address the increasing unfunded pension liability from prior years CalPERS losses.

Consistent with the budget presentation, staff have now separated out insurance costs from other Expenses to better track the expenditures for financial reporting. The increase in Contract Services primarily related to IT services, as well as contracts for ongoing operations and maintenance at Falletti Ranch and the SAFE team.

Expenditures by Department
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Page 5 ends

Spending by General Fund Departments is consistent with the prior year with noted increases in Police, Public Works, Administrative Services, and the Community Development Department. Most of the increases are related to the proportional share of allocated expenses for the additional discretionary payment (ADP) to CalPERS and tech and data management. Other increases for the Administrative Services Department are related to one-time expenditure on recruiting efforts. Each department is anticipated to complete the fiscal year within the adopted budget.

The first nine months, as compared to budget, General Fund expenditures are mostly tracking as expected with all operating departments (all departments except transfers out) averaging 65.5% of the budget. Overall expenditure is in line with staff expectations.

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

The Water and Wastewater Fund revenues are made up of charges for services, connection fees other revenues, and development fees. The operating revenues for the Water and Wastewater Funds (removing one-time interfund debt service and investment earnings) have increased compared to the prior year primarily due to applied rates. For Fiscal Year 2023/24, most expenses are in line with the budget as of the third quarter. 95 of 160

Page 6 ends

Water Funds – Revenues for the water funds charges for services are tracking at 2.5% above budget and 22.3% greater than the same period in the last year. This increase is primarily related to moving to monthly billing where revenues are more closely correlated with the reporting period compared to the previous year. Other factors for the increase include the adopted rate increases. Expenses as of the third quarter are below budget but in line with expectations Aqueduct water usage continues to be the main operating expense for the fund at approximately $421,000 or 31.1% of all water expenses for the period. We are expecting this cost to increase into the fourth quarter as rain slows and the community goes back to more normalized water use and irrigation during the summer. The last major expense for sewer is the Salaries and Benefits which have increased based on the allocation of the CalPERS ADP. Overall, the expenses are in line with the budget and no adjustments were deemed needed at this time.

Sewer Funds – Revenues are currently tracking at budget at 79.8%, 4.8% above expected at 75%.

This increase is due to the move to monthly billing as well as the increased rates. Operating Expenses at the third quarter have increased by less than 2.0% or $47K with just over $2.5M in expenses. The most significant cost for the fund is the Wastewater treatment charges paid to Santa Rosa which are 68.9% of the expenses to date for this fund. Overall, the expenses are in line with the budget and no adjustments were deemed needed at this time.

These funds will continue to be monitored and staff will provide the City Council with updated information during development of the FY 2024/25 budget.

Cash and Investments
The tables below show the cash and investments held by the City as of March 31, 2024. The current cash and investment balances are in line with the City adopted investment policy and as budgeted are enough to meet the City’s expenditure requirements for the remainder of the fiscal year.

Gen. Operating , $3,593,131
Special Revenues , $3,243,329
Successor Agency , $1,189,521 Water Operating and Capital , $3,680,855
Wastewater Operating and Capital ,
$3,577,187
Internal Service Funds , $602,977
Debt Service Capital Projects, $387,118 , $1,824,494
Cash and Investment Value By Funds - $18.1 Million
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Cash and Investment Detail by Composition
Conclusion
Except for identified variances, expenditures and revenues are tracking as expected. Staff will continue to monitor these variances and provide updated information to the City Council during budget development for Fiscal Year 2024/25.

Exchange Bank Operating &
Payroll Accounts , $135,630 , 1%
Local Agency Investment Funds -
(LAIF), $11,713 , 0%
Sonoma County Investment Pool
- (SCIP), $18,766 , 0%
US Bank Trust - Laddered
Investments, $8,769,578 , 48%
California Asset Management
Program (CAMP), $7,970,669 ,
44%
Cash Held In Escrow , $1,192,255
, 7%
Cash & Investments by Holding - $18.1 Million
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City of Cotati
Summary of Fiscal Resilience Enterprise Fund Factors
As of:

General Fund:

Cash*
Budget Operating
Expenses Cash Coverage Goal
A. Cash Coverage Ratio = $ 3,593,131 $ 9,447,826 38.03% > 25% Cash* Current Liabilities** Quick Ratio Goal
B. Liquidity Ratio = $ 3,593,131 $ 385,044 9.33 > 2.00
Twelve Month
Rolling Revenues To
3/31/2024
Twelve Month
Rolling Budget
Revenues
Revenues to
Budget Goal
C.1 Rolling Twelve Months Revenue to Budget = $ 12,510,319 $ 10,706,812 17% > - 10% Fiscal Year Total
Revenues To
3/31/2024
Prior Fiscal Year
Revenues
3/31/2023
Revenues to Prior
Year
C.2 Current Fiscal Year Revenue to Prior Fiscal Year = $ 6,571,161 $ 6,103,894 8% D. Increase in Expenditures
Fiscal Year
Operating
Expenditures
3/31/2024
Budget Expenditures
(9 Months)
Expenditures to
Budget Goal
Operating Expenditures Compared to Budget $ 6,306,325 $ 7,085,870 -11% < 10% Fiscal Year
Operating
Expenditures
3/31/2024
Prior Fiscal Year
Expenditures
03/31/2023
Expenditures to
Prior Year
Operating Expenditures Compared to Prior Year $ 6,306,325 $ 5,898,033 7% E. Significant Revenue Sources Changes
Current Fiscal Year
3/31/2024
Prior Fiscal Year
3/31/2023 % Change Goal
Bradley Burns $ 1,648,141 $ 1,681,409 -2.0% > - 10%
Measure S $ 1,825,030 $ 1,785,175 2.2%
Combined Sales Tax $ 3,473,171 $ 3,466,584 0.2%
Property Tax $ 1,161,066 $ 1,086,868 6.8%
Current Fiscal Year
3/31/2024
Budget
(9 Months) % Change Goal
Bradley Burns* $ 1,648,141 $ 1,731,917 -4.8% > - 10%
Measure S* $ 1,825,030 $ 1,817,083 0.4%
Combined Sales Tax* $ 3,473,171 $ 3,549,000 -2.1%
Property Tax** $ 1,161,066 $ 1,065,879 8.9%
Sunday, March 31, 2024
* - Sales Tax - 7 of the 12 monthly payments have been received to date as they are received two months after the collection period they represent. ** - Property Tax - 1/2 of the annual payments have been received to date. Another payment is to be received in April with an adjustment payment in June. 98 of 160
City of Cotati
Summary of Fiscal Resilience Enterprise Fund Factors
As of:

General Fund:

Sunday, March 31, 2024
F. Community Event Identification: None Noted
Fiscal Year Total
Revenues To
3/31/2024
Fiscal Year
Operating
Expenditures
3/31/2024
Current Year
Revenues to
Expenses Goal
G. Current Fiscal Year Revenues to Operating Expenditures $ 6,517,156 $ 6,306,325 103% > 110% Prior Fiscal Year
Revenues
3/31/2023
Prior Fiscal Year
Expenditures
03/31/2023
Prior Year
Revenues to
Expenses
Prior year Revenues to Operating Expenditures $ 6,103,894 $ 5,898,033 103% Ref:
* Cash incudes the pooled cash attributable to the evaluated fund which consists of all liquid available cash and investments held including CD's and Treasury notes. ** Current Liabilities are the total of all liabilities for the evaluated fund, as of the reporting date, that are due and payable within one year.

Due to timing of major revenue sources, mentioned in D above, it is consistant that the coverage for reveneus would be lower through this period to date. This will continue to be monitored for risk.

Though no indicator was noted, this will continue to be monitored. 99 of 160
City of Cotati
Summary of Fiscal Resilience Enterprise Fund Factors
As of:

Water Enterprise Fund
Cash*
Budget Operating
Expenses Cash Coverage Goal
A. Cash Coverage Ratio = $ 3,444,351 $ 2,389,166 144.17% > 33% Cash* Current Liabilities** Quick Ratio Goal
B. Liquidity Ratio: = $ 3,444,351 $ 98,743 34.88 > 2.0
Twelve Month
Rolling Revenues To
3/31/2024
Twelve Month
Rolling Budget
Revenues Revenues to Budget Goal
C.1 Rolling Twelve Months Revenue to Budget = $ 2,405,850 $ 2,258,100 7% > - 10% Fiscal Year Total
Revenues To
3/31/2024
Prior Fiscal Year
Revenues
3/31/2023
Revenues to Prior
Year
C.2 Current Fiscal Year Revenue to Prior Fiscal Year = $ 1,773,637 $ 1,450,685 22% D. Increase in Expenditures Fiscal Year
Operating
Expenditures
3/31/2024
Budget
Expenditures
(9 Months)
Expenditures to
Budget Goal
Operating Expenditures Compared to Budget $ 1,352,622 $ 1,617,500 -16% < 10% Fiscal Year
Operating
Expenditures
3/31/2024
Prior Fiscal Year
Expenditures
03/31/2023
Expenditures to
Prior Year
Operating Expenditures Compared to Prior Year $ 1,352,622 $ 1,428,604 -5% E. Supporting Agency Change In Rates
1-Jul-24 Goal
Budgeted Rate Agency Rate Difference < 2%
Sonoma County Water Agency (65% of supply) 6.00% 9.98% 3.9800% F.

Fiscal Year Total
Revenues To
3/31/2024
Fiscal Year
Operating
Expenditures
3/31/2024
Revenues to
Expenses Goal
Operating Revenues to Operating Expenditures $ 1,773,637 $ 1,352,622 131% > 110% Prior Fiscal Year
Revenues
3/31/2023
Prior Fiscal Year
Expenditures
03/31/2023
Prior Year Revenues
to Expenses
Prior Year Revenues to Operating Expenditures $ 1,450,685 $ 1,428,604 102% Sunday, March 31, 2024
* Cash incudes the pooled cash attributable to the evaluated fund which consists of all liquid availble cash and investments held including CD's and Treasury notes. ** Current Liabilites are the total of all liabilities for the evaluated fund, as of the reporting date, that are due and payable within one year. 100 of 160 City of Cotati
Summary of Fiscal Resilience Enterprise Fund Factors
As of:

Sewer Enterprise Funds
Cash*
Budget Operating
Expenses Cash Coverage Goal
A. Cash Coverage Ratio = $ 3,381,213 $ 4,212,328 80.27% > 33% B. Cash* Current Liabilities** Quick Ratio Goal
Liquidity Ratio: = $ 3,381,213 $ 49,113 68.85 > 2.0
C.1 Twelve Month
Rolling Revenues To
3/31/2024
Twelve Month
Rolling Budget
Revenues Revenues to Budget Goal
Rolling Twelve Months Revenue to Budget = $ 3,421,986 $ 3,054,528 12% > - 10% C.2 Fiscal Year Total
Revenues To
3/31/2024
Prior Fiscal Year
Revenues
3/31/2023
Revenues to Prior
Year
Current Fiscal Year Revenue to Prior Fiscal Year = $ 2,480,781 $ 1,959,824 27% D. Increase in Expenditures Fiscal Year
Operating
Expenditures
3/31/2024
Budget
Expenditures
(9 Months)
Expenditures to
Budget Goal
Operating Expenditures Compared to Budget $ 2,555,736 $ 2,637,996 -3% < 10% Fiscal Year
Operating
Expenditures
3/31/2024
Prior Fiscal Year
Expenditures
03/31/2023
Expenditures to
Prior Year
Operating Expenditures Compared to Prior Year $ 2,555,736 $ 2,508,011 2% E. Supporting Agency Change In Rates
1-Jul-24 Goal
Budgeted Rate Agency Rate Difference < 2%
Santa Rosa Wastewater Treatment 9.00% 6.38% -2.6200%
F.

Total Revenues To
3/31/2024
Operating
Expenditures
3/31/2024
Revenues to
Expenses Goal
Operating Revenues to Operating Expenditures $ 2,480,781 $ 2,555,736 97% > 110% Prior Fiscal Year
Revenues
3/31/2023
Prior Fiscal Year
Expenditures
03/31/2023
Prior Year Revenues
to Expenses
Prior Year Revenues to Operating Expenditures $ 1,959,824 $ 2,508,011 78% Note:

Sunday, March 31, 2024
* Cash incudes the pooled cash attributable to the evaluated fund which consists of all liquid availble cash and investments held including CD's and Treasury notes. ** Current Liabilites are the total of all liabilities for the evaluated fund, as of the reporting date, that are due and payable within one year.

This item is improving over prior year and aligned with the utility rate study. Revenues have improved in part due to the move to monthly billing which more closly ties to the cost of services rendered. This will continue to be monitored for increased risk. 101 of 160

FINANCE DEPARTMENT
DATE: April 19, 2024
TO: Honorable Mayor and City Council
VIA: Damien O’Bid, City Manager
FROM: Angela Courter, Administrator Services Director
SUBJECT: INVESTMENT REPORT FOR THE QUARTER ENDED
MARCH 31, 2024
Attached for your information is the quarterly report of investments as of March 31, 2024.

The total cash and investment portfolio book value (cost) held by the City as of March, 2024 was $17,184,600 and total cash and investments held by trustees was $1,195,326.

The cash and investments held by the City include the following components:

Managed Investment Portfolio ($8,777,589), State of CA Local Agency Investment Fund ($6,152), California Asset Management Program (CAMP) Pooled Investment Fund ($7,970,669), Cash/Time Deposits ($355,009), and accrued interest on investments ($75,180). (Earned interest is the interest earned on investments over a specific time period, accrued interest is the interest that an investment has earned, but hasn’t yet been received, and paid interest is the interest that has already been received as payment).

Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted on May 9, 2023.
102 of 160
Council Information
FY 2023-24 3rd Quarter Investment Report
March 31, 2024

Page 2 of 3 ends

During the quarter, one Treasury was purchased in the amount of $621,961.

During the quarter, six investments matured, totaling $1,422,000. The remaining funds were reinvested into CAMP.

Two-year Treasuries yielding 4.23% at the beginning of the quarter ended higher at the end of the quarter at 4.59%, which was an increase of 36 basis points for the quarter.

As of March 31, 2024, the Weighted Yield to Maturity on the Managed Investment Portfolio was 4.56%.

At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 1.79 years.

The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. At the December 13th meeting, the FOMC voted to maintain the Federal Funds Rate target range at its current level of 5.25-5.50%. At the January 30th meeting, the FOMC voted once again to maintain the Federal Funds Rate target range at its current level of 5.25-5.50%.

Summary from the January 30th meeting:
“Recent indicators suggest that economic activity has been expanding at a solid pace. Job gains have moderated since early last year but remain strong, and the unemployment rate has remained low. Inflation has eased over the past year but remains elevated.

The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the longer run. The Committee judges that the risks to achieving its employment and inflation goals are moving into better balance. The economic outlook is uncertain, and the Committee remains highly attentive to inflation risks.

In support of its goals, the Committee decided to maintain the target range for the federal funds rate at 5¼ to 5½ percent. In considering any adjustments to the target range for the federal funds rate, the Committee will carefully assess incoming data, the evolving outlook, and the balance of risks. The Committee does not expect it will be appropriate to reduce the target range until it has gained greater confidence that inflation is moving sustainably toward 2 percent.

In addition, the Committee will continue reducing its holdings of Treasury securities and agency debt and agency mortgage-backed securities, as 103 of 160
Council Information
FY 2023-24 3rd Quarter Investment Report
March 31, 2024

Page 3 of 3 ends

described in its previously announced plans. The Committee is strongly committed to returning inflation to its 2 percent objective.

In assessing the appropriate stance of monetary policy, the Committee will continue to monitor the implications of incoming information for the economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate if risks emerge that could impede the attainment of the Committee’s goals. The Committee’s assessments will take into account a wide range of information, including readings on labor market conditions, inflation pressures and inflation expectations, and financial and international developments.”
Finance staff hired Optimized Investment Partners in May 2023 to help improve the investment returns for the city and to ensure compliance with California Government Code by ensuring safety of principal and sufficient liquidity for operations. Ongoing portfolio management activity will continue to be performed in partnership with Optimized Investment Partners, the City Manager, and the Administrator Services Director.

Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six months.

If you have any questions, please feel free to contact me at 707-665-4236. 104 of 160
*Note: Cash/time deposits not included in WYTM
Excludes Pooled Investments and U.S. Bank Custodial Cash Account Under 1 Year
Maturity Mar 2024 Dec 2023 Change 1 - 2 Years
3-Month 5.46% 5.40% 0.06% 2 - 3 Years
1-Year 5.03% 4.79% 0.24% 3 - 4 Years
2-Year 4.59% 4.23% 0.36% 4 - 5 Years
3-Year 4.40% 4.01% 0.39% Total
5-Year 4.21% 3.84% 0.37%
10-Year 4.20% 3.88% 0.32%
Jan
Feb
Mar 2024 Mar 2023 Mar 2022 Mar 2021 Mar**

4.59% 4.06% 2.28% 0.16% Total for Quarter
Note: Interest Earnings figures do not include capital gains or losses **Prior year interest earnings were booked on a quarterly basis City of Cotati
Investment Report for the Quarter Ended March 31, 2024
Portfolio Summary and Key Statistics
Portfolio Key Statistics
PAR Value $ 16,821,487
U.S. Treasury Yields - Quarterly Comparison $ 2,338,000 29% Book Value (COST) $ 16,754,410
Market Value $ 16,746,499
Weighted Average Maturity (in years) 1.79
Weighted Yield to Maturity 4.56%
Portfolio Maturity PAR Maturing % Maturing
$ 1,780,000 22%
$ 1,784,000 22%
$ 1,783,000 22%
$ 248,000 3%
$ 7,933,000 100%
Interest Earnings FY2023 FY2024 Change
$ - $ 74,004 $ 74,004
2-Year U.S. Treasury Yield - Historical Data $ - $ 68,300 $ 68,300 $ 86,266 $ 70,875 $ (15,391)
$ 86,266 $ 213,179 $ 126,913

19.60%

18.06%

8.29%

0.04%

46.61%

5.33% 2.08% CERTIFICATE OF DEPOSIT

FEDERAL AGENCY BOND/NOTE
U.S. TREASURY NOTE

LOCAL AGENCY INVESTMENT FUND
CAMP

CUSTODIAL MONEY MARKET FUND

CASH/TIME DEPOSITS
0%
5%
10%
15%
20%
25%
30%
Under 1
Year
1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years
29%
22% 22% 22%
3%
Portfolio Maturity Distribution
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% of
Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio
U.S. Bank Custodial Cash Account $ 911,665.61 $ 911,665.61 $ 911,665.61 4.96% U.S. Treasury Bond/Note $ 1,438,000.00 $ 1,418,200.98 $ 1,433,224.52 7.80% Federal Agency Bond/Note $3,150,000 $3,088,346 $3,087,699 16.80% Certificate of Deposit $3,345,000 $3,351,465 $3,345,000 18.20% Managed Investment Portfolio Subtotal $8,844,666 $8,769,678 $8,777,589 47.76% Pooled Investments
State of CA Local Agency Investment Fund $6,152 $6,152 $6,152 0.03% CAMP $7,970,669 $7,970,669 $7,970,669 43.37%
Pooled Investments Subtotal $7,976,821 $7,976,821 $7,976,821 43.40% Cash/Time Deposits $355,009 $355,009 $355,009 1.93%
Accrued Interest $75,180 $75,180 $75,180
Total Cash & Investments Held by the City $17,251,676 $17,176,688 $17,184,600 93.50% Held by Bank Trustee/Fiduciary Funds (1)
Investment Agreements $ - $ - $ - 0.00%
Cash with Fiscal Agents $ 290,844.54 $ 290,844.54 $ 290,844.54 1.58% Restricted Cash $ 904,481.35 $ 904,481.35 $ 904,481.35 4.92% U.S. Government $ - $ - $ - 0.00%
Total Held by Bank Trustee/Fiduciary Funds $1,195,326 $1,195,326 $1,195,326 6.50% Total Portfolio $18,447,002 $18,372,014 $18,379,926 100.00% Notes:

1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants.

2. Par value is the principal amount of the investment on maturity.

3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy.

4. Book value is par value of the security plus or minus any premium or discount on the security.

Summary of Cash and Investments as of March 31, 2024
City of Cotati
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: ANNUAL POLICE CHIEF REPORT TO THE COMMUNITY
Date: April 23, 2024
Written by: Chris Simmons, Chief of Police
Recommendation
It is recommended that the City Council receive and discuss the annual police chief report to the community for the calendar year 2023.

Background
In 2021, the Chief of Police presented the first annual report to the City Council and the community, which covered activities and statistics from the previous calendar year (2020). Since then, there have been a total of three annual reports presented (2020, 2021, 2022). These reports are posted publicly on the City of Cotati website for ease of accessibility. By presenting this report annually, the community may better understand the undertakings that the police department is involved in and the ways in which we continue to make our city safe.

This current presentation marks the fourth annual report and is presented for the 2023 calendar year. As with the previous reports, the 2023 annual report is a tool for open discussions and will be posted on the website for greater accessibility and transparency.

Analysis/Discussion
In 2023, the Cotati Police Department continued to address various challenges associated with staffing and operations. Chief Parish retired in December of 2023, with newly appointed Chief Simmons taking over in February 2024. Some of the officer vacancies were filled toward the end of 2023 and we are now just starting to realize the benefits of those appointments as the new officers start to come off training and permanently fill operational vacancies. The Department continues to actively recruit to fill dispatch and police officer vacancies to reach full staffing.

The annual report consists of numerous data elements related to police and SAFE (Specialized Assistance For Everyone) calls for service, arrests, NIBRS (National Incident Based Reporting 107 of 160
System) crime statistics, traffic citations, citizen complaints, and uses of force.

A large portion of this year’s annual report is dedicated to RIPA (Racial Identity Profiling Act) data and the Cotati Police Department’s pledge to ensure equitable service delivery and treatment of our citizens and visitors. RIPA was formed as part of AB953 (Weber, 2016). The RIPA Board is a diverse group of members that represent the public, law enforcement, and educators.

The goal of the RIPA Board is to strengthen law enforcement-community relations in California through collaboration, transparency, and accountability. The California Department of Justice (DOJ), Office of the Attorney General, has the primary oversight of the RIPA Board.

One of the responsibilities of the RIPA Board has been to develop a “stop data” collection process. On July 1, 2018, the eight largest police agencies in California began collecting stop data and reporting the information to the DOJ.

A “RIPA stop” is defined as any detention or search, with the goal to “collect perceived demographic and other detailed data regarding pedestrian and traffic stops.” The bill requires an agency that employs between one and 334 peace officers to issue its first annual report to DOJ by April 1, 2023. (All police agencies in Sonoma County, including the Cotati Police Department, are in this category).

For transparency, the Cotati Police Department decided to collect RIPA data before the scheduled mandate. Early collection was implemented as part of the Sonoma County Public Safety Consortium, which the City is a member of. Other members of the consortium include the Sonoma County Sheriff’s Department, cities of Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma, and Windsor (Sonoma and Windsor contract services with Sheriff’s Department).

Collectively, the consortium agencies started collecting RIPA data using patrol cars mobile computers and smart phones on July 1, 2021. The data is collected by the consortium and transmitted to the DOJ daily for review and quality control. This data set then becomes the single “point of truth” for validated data statewide.

The RIPA Board stated in their January 1, 2024 report that 535 agencies (including Cotati Police Department) conducted a total of 4,575,725 stops from January 1, 2022, to December 31, 2022.

There are 25 additional agencies required to report RIPA stop data, but they reported zero stops in 2022. Stops for 2023 are not anticipated to be included into a report from the Board until the release of the report in early 2025.

Per the Board’s report, the stop data for perceived ethnicity in the state of California in 2022 was as follows:

White 32.5%
Hispanic/Latine(x) 42.9%
Black 12.5%
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Asian 5.5%
Note that Middle Eastern/South Asian (4.5%), Multiracial (1.1%), Pacific Islander (0.6%), Native American (0.3%), and Other (0.4%) categories were also reported.

The stop data for perceived ethnicity for the Cotati Police Department for 2022 and 2023 was as follows:
2022 2023
White 57% 54%
Hispanic/Latine(x) 30% 31%
Black 6% 6%
Asian 3% 3%
Various other RIPA data is available throughout the annual report (attached) and provides information on perceived age, gender, reason for the stop, searches conducted, types of property seized, duration of stops, and results of stops.

The remainder of the report centers on organizational, procedural, and training aspects of the Cotati Police Department, including numerous community outreach efforts that staff were involved in throughout 2023.

Financial Considerations
Sizable data extraction, analysis, formatting, and ultimate reporting require extensive staff time.

The addition of the new records analyst position has greatly helped to streamline the process of mining and charting the data and information, especially since the RIPA data, in particular, is challenging to decipher from the raw Department of Justice data. The continuous mining of data and analytics associated with providing enhanced details of such data may have greater financial impacts in the future.

COTATI POLICE

DEPARTMENT
2023 ANNUAL
REPORT
203 W. SIERRA AVE, COTATI, CA
NON-EMERGENCY 707-792-4611
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Our promise to continuously earn and improve public trust through equity, empathy, and accountability is paramount to this ambition.

Cotati is a safe and vibrantly friendly city due to profound community support for our department. The strong partnership we share with our community is made possible by the pledge we have made to proactively seek out opportunities to enhance meaningful relationships between our staff and residents, and diligently listen and respond to their needs in ways that value diversity and inclusion.

All of us at the Cotati Police Department are honored every day to provide superior service for our residents with pride and professionalism. We are humbled by the responsibilities entrusted upon us, and in turn, promise to carry out those duties with compassion, diligence, and the highest of ethical standards.

A MESSAGE FROM THE CHIEF
Welcome to the City of Cotati and the Cotati
Police Department. As your Chief of Police, I
am honored and humbled by the opportunity
to serve alongside the dedicated men and
women of the Cotati Police Department and
the community to whom we strive to deliver
exceptional public safety service.

Our fundamental mission is to protect the
health and well-being of the community by
partnering with our citizens, business
partners, and stakeholders to sustain a safe
and secure living and visiting environment.

Chris Simmons, Chief of Police
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Chief Michael Parish retires
After 13 years of service to the Cotati Police
Department, Chief Michael Parish retired in
December of 2023.

Chief Parish began his career in law
enforcement at the Merced County Sheriff's
Department, serving for 19 years. He then
served as a Lieutenant at UC Merced for
another 5 years.

In 2011, Chief Parish became the Police Chief for Cotati, and was one of the longest standing chiefs in California. Chief Parish was responsible for a number of initiatives during his tenure:

The first department in Sonoma County to fully deploy body worn cameras.

Coordinating with SAFE to create a 24/7 multi-agency mobile mental health crisis response team in Sonoma County.

Moving away from apprehension police dogs (K9s) to deploy the first scent bloodhound K9 team to locate missing persons.

One of the first police departments in California to deploy electric patrol vehicles.

Implementing training above POST requirements for both police officers and dispatchers, particularly in the areas of implicit bias and de-escalation.

Instituting regular reporting of crime and police statistics to the community through social media and a Police Chief’s Annual Report to the community.

Initiating a variety of community engagement efforts, such as National Night Out/Movies in the Park, Coffee with a Cop, and medication disposal events.

Working to support the regional response to the fires in Sonoma County.

Chief Parish holds a Master of Science in Emergency Services Administration from California State University Long Beach, and a Bachelor of Arts in Criminal Justice from California State University Stanislaus. Additionally, he is a graduate of the FBI National Academy. He is also a veteran of six years of service in the California Army National Guard 1st/184th Infantry (Air Assault) Division.
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TABLE OF CONTENTS
ORGANIZATIONAL CHART.................................................................................................. 1 CALLS FOR SERVICE 2020-2023........................................................................................ 2 COTATI ARREST STATISTICS 2020-2023...........................................................................3 COTATI NIBRS "PERSON" CRIME STATISTIC 2022-2023..................................................4 COTATI NIBRS "PROPERTY" CRIME STATISTICS 2022-2023.......................................... 5 COTATI NIBRS "OTHER" CRIME STATISTICS 2022-2023................................................. 6 COTATI CITATIONS 2022-2023............................................................................................7 CITIZEN COMPLAINTS...................................................................................................... 8-9 SPECIALIZED ASSISTANCE FOR EVERYONE (SAFE) TEAM.................................... 10-11 RACIAL & IDENTITY PROFILING ACT (RIPA).............................................................. 12-21 HI-LO SIREN DRILL & EVACUATION ZONES................................................................... 22 CIVIC READY ALERTS & DEA PRESCRIPTION DRUG TAKEBACK................................ 23 POLICE POLICIES...............................................................................................................24 SHERMAN BLOCK SUPERVISORY LEADERSHIP INSTITUTE (SBSLI).......................... 24 TRAINING............................................................................................................................ 25 RECRUIT TRAINING OFFICERS........................................................................................ 26 AUTOMATED LICENSE PLATE READER (ALPR) TECHNOLOGY................................... 26 USE OF FORCE............................................................................................................. 27-29 ASSEMBLY BILL 481...........................................................................................................30 NEIGHBORHOOD OFFICER MEETINGS............................................................................31 ELECTRIC VEHICLE FLEET................................................................................................32 PATROL ...............................................................................................................................33 ANIMAL CONTROL ............................................................................................................ 34 DISPATCH .......................................................................................................................... 35 K9 TEAM ........................................................................................................................ 36-37 CADETS & VOLUNTEERS.................................................................................................. 38 PARTNERSHIPS................................................................................................................. 39 COMMUNITY OUTREACH & SOCIAL MEDIA............................................................... 39-40 COMMENDATIONS & MERITORIOUS CONDUCT....................................................... 41-43 2024 SNAPSHOT.................................................................................................................44 113 of 160

ORGANIZATIONAL CHART
Updated April 2024
Chief of Police
Chris Simmons
Lieutenant
Paul Goodin
Sergeant
Tyler Wardle
Sergeant
Brian Deaton
Corporal
VACANT
Corporal
VACANT

DISPATCH
Kirsten Ott
Cristina Montoya
Renee Harris
Kristen Abbott
Adrien McGoon
VACANT

OFFICERS
Jerry Cunningham
Ryan Sullivan
Casey Perry
Michael Iturbe
Davis Fox
Thomas Schneider
Flor Silva
VACANT Volunteers &
Cadets
1 Detective
Anthony Garber
Police Services Aide
Katie Huldermann
Records Analyst
Michael Callen
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CALLS FOR SERVICE
2020-2023
2 115 of 160

COTATI ARREST STATISTICS
2020-2023
3 *
*Penal Code section 849: Arrested and released from custody (not booked in county jail) pending further evidence or investigatory leads (or for intoxication only or low-level drug offenses). This also includes subjects arrested but no charges filed. This is ultimately considered a detention only. 116 of 160
4 National Incident Based Reporting System (NIBRS)
TOTAL “PERSON” CRIMES
2022-2023
117 of 160
5 National Incident Based Reporting System (NIBRS)
TOTAL “PROPERTY” CRIMES
2022-2023
118 of 160
6 National Incident Based Reporting System (NIBRS)
TOTAL “OTHER” CRIMES
2022-2023
119 of 160

CITATIONS
7 In 2023, the City issued 1,142 traffic citations, broken down by type in the following chart:

In 2022, the City issued 1,288 traffic citations, broken down by type in the following chart:
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In 2023, the Police Department received a total of 4 complaints out of a total of 11,217 events (0.03%). The total logged events do not include numerous other interactions the department had with the community, such as daily information or informal interactions, or citizen business at the Dispatch counter, for example. The police department receives complaints through a variety of sources, including the official complaint form, city website, emails, telephone, and in-person. For every complaint received, the Police Department investigates the allegations completely. The following are the sources of the complaints for calendar years 2022 and 2023 :

CITIZEN COMPLAINTS
9 The process typically begins with a Sergeant (who is not part of the citizen contact) reviewing the complaint, analyzing all available materials (such as police reports, dispatch recordings, body worn camera), followed by interviews of the complainant and any involved police staff. The Cotati Police Department was the first agency in Sonoma County to implement a full deployment of body worn cameras on all of our officers, which has greatly assisted in the review of complaints or other events.

For the purposes of this report, the complaints have been grouped in two ways: by category of initial allegation and by outcome after investigation. Of the 4 complaints received in 2023, the categories of initial allegations are as follows (including prior years):

Source of Complaints
In-Person
Physical / Paper Form
Web Form
Email
Telephone
2022 2023
0 0
3 5
1 3
0 1
0 0
9 4
Initial Allegation
Conduct Unbecoming
Procedural
Use of Force
Not related to Police
2021 2022
6 9
0 3
6 2
0 2
10 0
8 2023
2 4
2 0
0 121 of 160
Outcome after Investigation
Procedural: This category of typically involves complaints of unfair parking enforcement, contesting traffic tickets, failure of the officer to act.

Category of Allegation
The definitions of the terms used are as indicated below. Not all terms are used this year due to the nature of the complaints received.

Sustained: The investigation disclosed sufficient evidence to prove the allegation.

Not Sustained: The investigation did not disclose sufficient evidence to prove the allegation.

Exonerated: The actions of the officer which formed the basis for the allegation are not violations.

Unfounded: The investigation clearly established that the allegation is not true.

Withdrawn/Closed: Case was closed, as the matter was withdrawn by the complainant or complainant was unresponsive to attempts to contact.

Under Review: The allegation is still under investigation.

Conduct Unbecoming: This category of allegation is a complaint of rude or discourteous behavior of the officer.

Use of Force: This category of allegation is a complaint regarding officer use of force.

Not related to Police: This category of allegation involves a complaint that is unrelated to the Cotati Police Department.
9 In 2023, none of the 4 complaints led to sustained allegations. 2021 2022 2023
Unfounded - 9 Unfounded - 7 Unfounded - 4
Sustained - 1 Withdrawn/Closed - 2
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SPECIALIZED ASSISTANCE FOR EVERYONE
(SAFE) TEAM
10 The SAFE Team provides three main services to the community

1. Response to issues relating to mental health, addiction, and homelessness

2. Non-emergency response for people in need

3. Proactive and continued community outreach
Cotati, Rohnert Park, and Sonoma State University have partnered to provide a mobile mental health crisis response team for our cities. In 2023 the SAFE Team expanded their hours and is now available for response 24 hours a day, 7 days a week. Our SAFE team consists of a mental health professional/resource advocate and a medic (nurse, paramedic or EMT).

SAFE works proactively to address low level issues and provides preventative outreach to help ensure individuals don’t end up needing a higher level of care. SAFE can identify shelter options for the unhoused, mental health services for people in crisis, connect people with resources to address addiction, and provide health care that does not meet the threshold of an ambulance response.

When SAFE is not responding to calls-for-service, they conduct outreach to the unhoused, including evaluating their condition and providing shelter and counseling information.

SAFE is intended to benefit everyone by keeping police officers, firefighters, and paramedics available for other emergencies.

If you observe someone experiencing
mental health or housing issues, you can
contact SAFE at 707-792-4611 for nonemergencies or 911 for emergencies. 123 of 160
During 2023, the SAFE Team responded to 327 Calls-for Service in Cotati. Public Assists consist of providing any kind of service available (blankets, food/water, transportation).

These calls break down into the following general categories:
11 124 of 160
The Racial and Identity Profiling Act (RIPA) was formed as part of AB953 (Weber, 2016). The RIPA Board is a diverse group of members that represent the public, law enforcement, and educators.

The goal of the RIPA Board is to strengthen law enforcement-community relations in California through collaboration, transparency, and accountability.

The California Department of Justice (DOJ), Office of the Attorney General, has the primary oversight of the RIPA Board.

A “RIPA stop” is defined as any detention or search, with the goal to “collect perceived demographic and other detailed data regarding pedestrian and traffic stops.”
The bill requires an agency that employs between one and 334 peace officers to issue its first annual report to DOJ by April 1, 2023. (All police agencies in Sonoma County, including the Cotati Police Department, are in this category).

For transparency, the Cotati Police Department decided to collect RIPA data before the scheduled mandate. Our Police Department is a member of a Public Safety consortium. Members of the consortium include the Sonoma County Sheriff’s Department and the cities of Cotati, Petaluma, Rohnert Park, Santa Rosa, Sonoma, and Windsor (Sonoma and Windsor contract services with Sheriff’s Department).

RACIAL AND IDENTITY PROFILING

ACT (RIPA)
12 125 of 160
13 RIPA
In 2022, there were 2830 total RIPA stops conducted by the Cotati Police Department.

Of those stops, the following data was collected:

In 2023, there were 2808 total RIPA stops conducted by the Cotati Police Department. 126 of 160
14 RIPA
Perceived Race/Ethnicity
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15 RIPA
Perceived Gender
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16 RIPA
Perceived Age
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17 RIPA
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18 RIPA
In 2022, of all 2830 RIPA stops, 418 people were searched (15%).

In 2023, of all 2808 RIPA stops, 460 people were searched (16%). 131 of 160
19 RIPA
132 of 160
20 RIPA
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21 RIPA
*”FI” is a Field Interview information-only card. Cotati PD has not used these cards in over two years. 134 of 160

HI-LO SIREN DRILL
All Sonoma County Law Enforcement Agencies use “Hi-lo” sirens for emergency evacuations. Hi-Lo sirens have a distinct European emergency vehicle sound. When you Hear the Hi-Lo, it’s Time to Go. We will only use Hi-Lo sirens for emergency evacuations.

On September 20th, 2023 the Cotati Police Department and Sonoma State University Police Department conducted a coordinated Hi-Lo Siren evacuation drill. To see which evacuation zone you live in, go to the City website (www.cotaticity.org) and click on the Police page. 22 City of Cotati
Evacuation Zones
6A
6 B
3A
3 B
1 2
4 5
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DEA PRESCRIPTION DRUG TAKEBACK
The Cotati Police Department hosts Drug
Enforcement Administration (DEA) prescription
drug takeback events. In 2023 we hosted two
drug takebacks; the first was on April 22, 2023,
and the second was on October 28, 2023. The
combined weight of items collected from both
was over 70 pounds. Proper disposal of
prescription drugs makes your home a safer
place and it also benefits our environment.

Keeping old medication in the house or throwing
medications away in the garbage may be
dangerous and lead to tragic accidents - as they
can end up in the mouths of children or
household pets. Many people also flush expired
or unused medications down the toilet or drain,
resulting in these drugs ending up in our lakes,
streams, and water supplies.

The Cotai Police Department also has a bin in
our public access lobby where you can dispose of prescription pills throughout the year. Please remove pills from their containers and bag them up so there is plenty of room for all to dispose of their unwanted and expired medications.
23 CIVIC READY ALERTS
The City of Cotati has transitioned away from Nixle to
a new public alert system. We are now using Civic
Ready for routine and emergency public safety alerts.

If you have not already done so, you may sign up at:
https://www.cotaticity.org/1526/Get-Alerts-Notifications 136 of 160
24 POLICE POLICIES
Lexipol is a company which is the industry standard for public safety policy manuals. The Cotati Police Department uses Lexipol services; our policy manual is routinely updated and available on the city website. The California Legislature continues to enact laws that direct law enforcement to update polices to reflect nation-leading best practices. As we make additions and addendums to our policy manual, we republish the manual and repost it on our city website for public view.

Sherman Block Supervisory
Leadership Institute (SBSLI)
In 2023 Cotati Police Sergeant Baudelia Gallo graduated from SBSLI. (SBSLI) is a program designed to stimulate personal growth, leadership, and ethical decision-making in California law enforcement front-line supervisors. Designed and implemented in 1988 through the efforts of California law enforcement professionals and top educators and trainers, the SBSLI is an intense program based on experiential learning techniques. Students are challenged to learn new ways to resolve issues through group and individual work.

The curriculum takes students through an analysis of management (planning, organizing, directing) and leadership (inspiring, challenging, developing) and how each discipline compliments the other. The course progresses from self-evaluation to interpersonal evaluation, to organizational relationships.

During the program, a typical successful student develops the ability to:

Correlate the relationship between personal and organizational principles and values.

Exercise greater leadership in personal and professional activities.

Increase personal influence with individuals and groups to accomplish organizational goals.

Analyze issues from multiple perspectives.

Develop increased self-confidence and confidence in the ability of others.

Provide support and development for peers and subordinates.

Recognize and address areas for personal improvement.

Effectively integrate management skills and leadership qualities 137 of 160

TRAINING
25 The Cotati Police Department is certified by the California Commission on Peace Officers Standards and Training (POST). Lieutenant Paul Goodin is our training manager assigned to keep our department in compliance with POST. Some POST training is mandated, such as perishable skills. However, the Cotati Police Department routinely trains beyond POST mandates with our police officers, police dispatchers, and civilian staff. POST also conducts audits on all certified law enforcement agencies to ensure compliance with training and hiring standards. Our police department continues to remain in POST compliance.

During 2023, the following trainings were attended or completed by Officers: Hate Crimes, Human Trafficking, First Aid & CPR, Reporting RIPA data, Standard Field Sobriety Tests and Detection, Advanced Roadside Driver Enforcement, Use of Force, Driver Training (EVOC), Bias and Racial Profiling, Strategic Communication (including de-escalation), Serious Misconduct Reporting (SB2), Criminal Investigation (ICI CORE), Homicide Investigation (ICI), Interview and interrogation, Court and Temporary Holding Facility, Field Training Officer update, Field Training Officer S.A.C. Course, K-9 Training, and Active Shooter.

Dispatchers completed the following trainings: Dispatch Priming, Public Safety Dispatch Academy, Science of Wellness, De-escalation Training for Dispatchers, Handling the Rising Tide of Suicide, and Active Shooter Situations for Dispatchers.

Officers and Dispatchers are required to complete 24 hours of Continuing Professional Training (CPT) during the determined training cycle as prescribed by POST. Additionally, Full time Officers are required to complete 16 hours (as a part of or in addition to the 24 hours of CPT) of Perishable skills training such as arrest and control, firearms, emergency vehicle operation course, use of force, and strategic communication, some of which encompass de-escalation training.

Our detective successfully completed the Robert Pressley Institute of Criminal Investigation (ICI) Core Course. The ICI Core Course is a complex two week training that is designed to enhance the effectiveness of the individual criminal investigator’s skills in performing the multi-disciplined and multi-leveled tasks necessary to successfully conduct comprehensive criminal investigations. The ICI Core Course is the prerequisite for all subsequent ICI Foundation Specialty Courses within the program. Our Detective also successfully completed the ICI Homicide Investigation Course. This course is also a complex two week course. These courses are to aid the detective in complex investigations and also benefits the small agency mutual aid team.
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RECRUIT TRAINING OFFICER
26 The Cotati Police Department is proud to have
Sergeant Tyler Wardle assigned as a Recruit
Training Officer (RTO) at the Santa Rosa Junior
College’s Public Safety Training Center (Regional
Police Academy). Sergeant Wardle is cadre at the
Academy assisting full-time faculty and instructors
to provide our future law enforcement officers with
the knowledge and skills to better serve and protect
our communities.

AUTOMATED LICENSE PLATE

READER (ALPR) TECHNOLOGY
Since 2021 the Cotati Police Department has deployed ALPR investigative technology. The police department received funding for the ALPRs through the State Homeland Security Grant totaling approximately $60,000. The purpose of the ALPRs is to identify lost or stolen vehicles/license plates or to help locate a vehicle involved in various crimes.

When Cotati has utilized this technology, it has directly led to the identification and recovery of numerous stolen vehicles within our city.

In 2022 the police department had 12 successful recoveries of stolen vehicles. Our officers also use the ALPR system for investigations and for public safety by adding wanted and dangerous vehicles into the system. In 2022, due to the rampant “sideshow” issues in the Bay Area, Cotati Officers, utilized the ALPR vehicles to respond to the “Sideshow” location and log participants in the illegal activity. Instead of immediately chasing the suspect vehicles, and potentially creating risk of life and/or property, as well as the potential for use of force, the collection of data is often used later to safely serve a warrant to impound the vehicle used in the illegal activity.

In 2023, ALPR’s were used 4 times in the successful recovery of stolen vehicles, 3 of which resulted in arrests made.

Though the department had patrol vehicles outfitted with ALPR technology in 2023, ALPRs were not used due to compatibility issues with the Vigilant system and the in-car computer software (since April 2023). ALPRs were not in use from June 2023 - March 2024.

As of March 2024, Axon ALPRs were installed and are now being utilized. 139 of 160 27 USE OF FORCE
In 2023, the Cotati Police Department experienced zero URSUS (California Department of Justice Use of Force Incident Reporting database) reportable use of force.

1. An incident that involves the shooting of a civilian by a peace officer.

2. An incident that involves the shooting of a peace officer by a civilian.

3. An incident in which the use of force by a peace officer against a civilian result in serious bodily injury or death.

4. An incident in which the use of force by a civilian against a peace officer results in serious bodily injury or death.

Nevertheless, in Cotati, we have adopted a far more expansive definition of use of force (UOF), including any incident beyond simple handcuffing. Reportable UOF events in Cotati even include the display of force (such as unholstering specific police tools, including electronic devices [Taser], pepper spray, or firearm). In 2023 all UOF incidents were tracked using police record management software system. When a UOF occurs, officers record their incident using a checklist, which lists which officers were present (including mutual aid officers), what tool was used, whether officers or suspects received injuries, and why force was used. When supervisors review the arrest/incident report, it is flagged for UOF.

Sergeants read the report narrative, review the UOF module, and view the officer’s Body Worn Camera. Management also reviews each UOF for any policy violations or an opportunity to consider alternate equipment, techniques, de-escalation, or training in the future to reduce or avoid the use of force.

URSUS Criteria
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28 Total Events for 2023: 11,217
Events that resulted in arrests: 323
Total events that resulted in arrest: 2.8%
Use of Force instances: 30
Total events that resulted in Use of Force: 0.2%
Use of Force Breakdown
Although there were 30 UOF events in 2023, many UOF events include the use of multiple tools/techniques, resulting in more tools/techniques used than UOF events.

USE OF FORCE
2023 Summary
Tool/Technique Used
Baton/Impact Weapon
Bean Bag Shotgun Displayed
BOLA Wrap
Control Hold/Defensive Technique
Firearm Discharge
Times Used
0 0
12 0
0 Firearm Displayed
K-9
Pepper Spray
Taser Discharge
Taser Displayed
15 8
2 0
0 WRAP 0
Total 37
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29 Baton/Impact Weapon: Use of a baton on an uncooperative subject to gain compliance.

Bean Bag Shotgun: An AB 481 tool that projects bean bags from a shotgun; in certain circumstances it s used in lieu of a Taser or firearm.

BOLA Wrap: A tool that projects a weighted rope that wraps around and restrains an uncooperative subject; in certain circumstances it is used in lieu of a Taser or firearm.

Control Hold: Controlling someone who is resisting.

Defensive Techniques: Defending oneself against someone who is actively attacking the Officer.

Firearm Discharged: Firearm discharged during an event.

Firearm Displayed: Firearm removed from holster during an event.

K-9: Police dog used search, or hold/apprehend an uncooperative subject.

Pepper Spray: Use or pepper spray on an uncooperative subject in certain circumstances in lieu of another tool, such as Taser or impact weapon.

Taser Discharged: Taser Darts Launched or Taser Contacting an uncooperative subject, in lieu of impact tools or firearm.

Taser Displayed: Taser Removed from holster.

WRAP: A safe restraint system, designed to protect uncooperative subjects and officers.

Incident to Arrest: 30 (in 2023, every use of force event resulted in arrest) Combative/uncooperative 5150 Subject: 0
Outside Agency Assist: 0
Other: 0*
*no arrest, e.g.: Building Searches/Possible Weapon Reported Use of Force By Reason
Uses of Force Defined
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ASSEMBLY BILL 481
30 This bill requires a law enforcement agency to obtain approval of the applicable governing body, by adoption of a military equipment use policy by ordinance at a regular meeting prior to the funding, acquisition, or use of military equipment, as defined.

In 2022 the Cotati City Council approved an ordinance to direct our police department on the use, deployment, and policy for Military Equipment. The Council approved the use and possession of our Command Van and Bean Bag Shotguns.

In 2023 our Command Van was not deployed for any Mutual Aid Investigations.

In 2023 Cotati Police had zero deployments of the Bean Bag Shotgun. However, it was used/displayed by a SSU officer (not Cotati PD) as part of a react/de-escalation team due to a critical incident involving a subject wielding a knife. The SSU officer had previous training on the equipment.
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NEIGHBORHOOD OFFICER MEETINGS
Cotati Police Officers hosted two Neighborhood Officer meetings for each of the neighborhood areas in 2023. Cotati is comprised of six areas (beats), which are coincident with evacuation zones. Maps of both beats and evacuation zones are available for view on the Police page of our City Website. An individual officer is assigned to each of the six areas and their phone numbers and emails are available to citizens and business owners to ask questions and make requests. Officers rotate annually to allow officers to better learn the areas and for residents and businesses to better know our officers. We invite you to attend one of our meetings.
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ELECTRIC VEHICLE FLEET
In 2022, the Cotati Police Department was the first law enforcement agency in the North Bay area, and one of the first in the nation, to deploy a fully outfitted and marked police electric vehicle (EV). Pictured below, the white Tesla was our first electric patrol vehicle. In 2023, we increased our electric patrol vehicle fleet.

We currently have 2 Tesla Ys and 2 Ford Mustang Mach-Es, and are also in the process of outfitting a new Ford F-150 Lightning EV for our K9, which will bring our total EV fleet count to 5.
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PATROL
33 Our sworn police staff are here 24/7 hours a day to keep our community safe. The list of things that officers do on a daily basis is long, including the following summary of the main efforts our officers do to enhance the quality of life in Cotati.

Protect life and property through the enforcement of laws & regulations; Proactively patrol assigned areas
Conduct traffic and parking enforcement
Respond to calls for police service
Conduct preliminary & follow-up criminal and traffic investigations Conduct interviews
Prepare written reports and field notes of investigations and patrol activities Arrest and process those involved in criminal activity
Testify in court
Emergency duties required during adverse weather conditions Operate a law enforcement vehicle under emergency conditions day or night Analyze legal documents including citations, affidavits, and warrants Command emergency
personnel at accident
emergencies and
disasters
Community Oriented
Policing and
community
engagement
Self-initiate traffic
and/or criminal
investigations
Supplement animal
control
Perform bar and
business checks
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ANIMAL CONTROL
34 All of our sworn personnel are designated as animal control officers. Our police officers respond to calls for service regarding both domestic and wild animals.

The City of Cotati Administrative Services Department is responsible for dog licensing for our City. Please license your dogs so that we can better serve you and your pet if they get loose or have other issues. Cotati contracts with Rohnert Park Animal Services for sheltering our animals. “As part of the No More Lost Pets campaign, Rohnert Park Animal Services offers FREE ID tags and microchips for all Rohnert Park and Cotati city residents!” 147 of 160

DISPATCH
The Cotati Police Department employs six
Police Dispatcher/Clerks. Our police dispatch is
a Public Safety Answering Point (PSAP)
receiving all 911 calls for law enforcement, fire,
and medical emergencies for both the City of
Cotati and the Sonoma State University (SSU)
campus (we have a dispatch contract with SSU
Police Department). In addition to 911 calls-forservice, our dispatchers answer regular police business calls for our City and SSU, and
dispatch the SAFE team for the City and SSU.

Our dispatchers are also clerks who process
police records, Public Records Requests, and
other administrative duties. Our lobby is open to
the public 24 hours per day, 7 days per week.
35 Cotati Police Dispatchers at National Night Out 2023 148 of 160
K9 TEAM
In July 2023, K9 Remo retired after 7 years of dedicated service. To fill a need in the greater Sonoma County area, The City of Cotati acquired K9 Dolly. She is a purebred bloodhound whose sole purpose is to find (track/trail) missing/lost persons and fleeing suspects. She is the only dog of her breed and purpose in Sonoma County.

Dolly is a valuable resource available to law enforcement for locating at risk members of the community. Statistics from The Alzheimer’s Association state that approximately 60% (3 in 5) of patients with dementia will wander without notice. Numbers are also significant for young children, especially those with Autism.

Each person, even identical twins, has their own unique scent. “Scent discriminate” means that Dolly is able to decipher among a myriad of odors and which scent belongs to the person she is instructed to find. In addition to a superior sense of smell, a bloodhound’s loose skin and floppy ears aid in its sniffing ability.

Dolly was born on January 8, 2023 in Tennessee. She was formally trained by Scent Evidence K9 in Tallahassee, Florida. In October of 2023, Officer Sullivan flew to Tallahassee to meet Dolly and learn basic training.

In 2023, Dolly was requested by or offered to allied agencies 18 times and deployed 6 times.

Her handler, Officer Sullivan, has worked for Cotati PD since June of 2019. In 2022 he received a Rotary award for Officer of the Year. He also received a 10851 CVC award for recovering 12 stolen vehicles, 3 of which resulted in arrest. Also in 2022, Officer Sullivan received a MADD award for his commitment to making communities safer by arresting 13 people suspected of driving under the influence of alcohol. Officer Sullivan is an EMT, avid outdoorsman and passionate about search and rescue. Officer Sullivan will receive another MADD award for his efforts in 2023.

Dolly lives with Officer Sullivan and his wife. In addition to training, Dolly stays preoccupied with her German Shepherd “sister,” 4 cats, 3 goats, and 12 chickens.

Training is constant for Dolly. Officer Sullivan and Dolly train locally multiple times per week.

Once per month the pair trains with the Merced County Sheriff’s Office K9 Unit. On those trips, Dolly enjoys seeing her K9 friends and bloodhound cousin Bingo. Dolly loves toys and her reward for a job well done is any toy that squeaks. 36 149 of 160
K9 TEAM

OFFICER SULLIVAN & DOLLY
37 Dolly with retired K9 Remo
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38 CADETS AND VOLUNTEERS
The police department has both Cadets and Volunteers, providing them with an opportunity to assist our department and learn about career opportunities in law enforcement. Our cadets are typically high school students who help with mutual aid for parades and other events in Sonoma County, including the Butter and Eggs Festival, the Apple Blossom Festival, and our own Kids Day Parade and Festival. Cadets also go on ride-alongs with officers, attend in-house trainings, and take criminal justice field trips. Our volunteers help with daily duties at the police department, such as maintaining the inventory of police equipment and supplies. Often our cadets and volunteers become police officers, deputy sheriffs, and public safety dispatchers.

In addition, we assist Sonoma State University Police Department by taking their Student Interns on ride-alongs to allow them the opportunity to see how our agency operates.
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In 2023, we hosted and participated in multiple community events including but not limited to:

National Night Out at La Plaza Park
Coffee with a Cop (and K9 Dolly) at Cotati Coffee
Cotati Kids Day Parade
Rohnert Park/Cotati Rotary Toy Drive
SSU Warm Clothing Drive
SSU Canned Food Drive
Thomas Page Academy and Police Station Tours
Woman in Public Safety Day in Santa Rosa
Apple Blossom Parade & Festival in Sebastopol

PARTNERSHIPS
The Cotati Police Department has a strong relationship with the Rancho Adobe Fire Protection District, Sonoma State University Police Department, and the Rohnert Park Department of Public Safety. Together, through teamwork, mutual aid, and allied training, we make all of our jurisdictions a safer place to live and improve the quality of life for our residents and businesses.
39 COMMUNITY OUTREACH
& SOCIAL MEDIA
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40 We invite you to follow us on
our social media platforms.

Our police department maintains a public
information presence to better engage with our
residents and to be accessible to our community
where they are. In addition to the police page of
the city website, and regular pieces in the Cotati
Connection newsletter, we use Facebook (now
with over 5,400 followers), Instagram (now with
over 2,850 followers) and Civic Ready for time
sensitive and emergency information.

COMMUNITY OUTREACH
& SOCIAL MEDIA
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Baudelia Gallo, Police Sergeant
Casey Perry, Police Officer (2023 Officer of the Year)
On the morning of January 13, 2023, officers were dispatched to a residence for an emergency medical call for service with limited information. The reporting party was heard by dispatch yelling at someone to “wake up and breathe.”
Upon arrival, they discovered that the reporting party’s son was lying on the bedroom floor.

They discovered the subject had blueish skin color, was unresponsive, not breathing and they observed drug paraphernalia associated with Fentanyl use in the room.

Utilizing teamwork, they administered Naloxone (Narcan) and began cardiopulmonary resuscitation (CPR).

The combination of Narcan and CPR ultimately revived the subject, who would have otherwise died of an overdose.

COMMENDATION
41 Ryan Sullivan, Police Officer
Casey Perry, Police Officer
On January 16, 2023, officers responded to an address for a report of a female screaming, “help me.”
The reporting party indicated where he thought the voice was coming from. Officers checked multiple addresses in the area and determined the location of the female.

Ultimately, the woman was assisted and her partner was arrested for domestic violence.

COMMENDATION
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42 Baudelia Gallo, Police Sergeant
Brian Deaton, Police Corporal
Jerry Cunningham, Police Officer
Ryan Reinke, Police Officer
Anthony Garber, Police Detective
Michael Iturbe, Police Officer
Kirsten Ott, Police Dispatcher/Clerk
On Saturday, August 19, 2023, the Cotati Police Department received numerous 911 calls for a “shooting” that occurred at 298 East Cotati Avenue. The shooting was determined to be a homicide, with a firearm used as the murder weapon.

I commend the performance of the above personnel who were off-duty and responded without question to support this critical investigation.

COMMENDATION
Brian Deaton, Police Corporal
Ryan Reinke, Police Officer
Michael Iturbe, Police Officer
On Saturday August 19, 2023, Rohnert Park Department of Public Safety requested assistance for an extremely large fight in their city. Officers responded quickly and professionally assisted with deescalating the situation, which ultimately led to the arrest of a subject involved and the discovery of a handgun.

COMMENDATION
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43 Kristin Abbott, Police Dispatcher/Clerk
Michael Callen, Police Dispatcher/Clerk
Casey Perry, Police Officer
Paul Goodin, Police Sergeant
On Saturday, August 19, 2023, the Cotati Police Department received numerous 911 calls for a “shooting” that occurred at 298 East Cotati Avenue. The shooting was determined to be a homicide, with a firearm used as the murder weapon.

Upon receiving the 911 calls, dispatchers quickly determined that a shooting had occurred at the address. The location of the crime scene, victim and suspect were quickly disseminated to on-duty Cotati Police Officers and Sonoma State University Police Officers. Dispatchers continued to update our officers on the suspect’s description and direction of travel.

Additionally, dispatchers quickly directed a mutual aid response by requesting the Sonoma County Sheriff’s Office, Rohnert Park Department of Public Safety and medical agencies to assist in this public safety emergency.

Cotati Officers located the suspect nearby and took him into custody. The on-duty Cotati Officers and Dispatchers continued to support the mission of the investigation throughout their assigned shifts and beyond. All department member demonstrated calmness under pressure and professionalism in their assigned duties.

MERITORIOUS CONDUCT
(Special Chief’s Commendation)

MADD AWARD
Ryan Sullivan, Police Officer
Mothers Against Drunk Driving (MADD) will be recognizing K9 Officer Ryan Sullivan for his outstanding efforts in having over 25 Driving Under the Influence arrests in 2023, which is MADD’s top achievement and threshold for officers conducting DUI enforcement. Officer Sullivan will receive a plaque and pin, and will be honored at an awards ceremony in Sacramento on July 16, 2024.
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2024 SNAPSHOT
Four months into 2024, the Cotati Police Department continues to explore additional ways to best prioritize and enhance our service to the community, in specific alignment with the department’s strategic goals and the city’s vision and quality of life objectives for our residents.

Continued focus on equity and inclusion
Accountability and partnerships with the community
Targeting specific public safety needs - Traffic, pedestrian, and bicycle safety; theft; illicit drugs; trafficking; emergency preparedness
Increased transparency, especially in ways that are helpful, easily accessible, and provide requisite context
De-escalation and implicit bias training
Expanding crisis intervention and mental health training SAFE Team collaboration, communication, training, and deployment Increased community outreach and participation in community events Social media, website, and public-facing accessibility
Supervision and managerial organization; staffing, promoting, and recruiting top candidates
Enhanced data analytics and records training
Seek and incorporate environmentally friendly and green alternatives (e.g.: EV vehicles)
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THANK YOU
FOR YOUR SUPPORT!
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Cotati City Council
Agenda Staff Report
Item type: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED To: City Council
Subject: INFORMATION RECEIVED AFTER THE AGENDA WAS POSTED Date: April 23, 2024
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]. 160 of 160

Cotati City CouncilApril 23, 2024

Cotati City Council
April 23, 2024