Agenda packet — Cotati City Council, June 11, 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, June 11, 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/89295971662?pwd=S1NSbTZNbnNTVUFYZElhQjR5YmFlZz09 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: 892 9597 1662 Passcode: 993698
+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 – SPECIAL MEETING – MAY 13, 2024 B. COTATI CITY COUNCIL – REGULAR MEETING – MAY 28, 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 on 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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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 enroll 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. PROCLAMATIONS
A. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI

CELEBRATING JUNETEENTH
B. PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF COTATI

RECOGNIZING WOMEN VETERANS DAY

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 Clerk will alert speakers when there are thirty seconds remaining.

10. CONSENT CALENDAR (ACTION)
A. REVISED MOU FOR THE COTATI POLICE OFFICERS ASSOCIATION (2024-2029) It is recommended that the City Council adopt a resolution approving the revised MOU for the Cotati Police Officers Association, beginning on July 1, 2024 through June 30, 2029.

B. ADOPTION OF ENVIRONMENTALLY PREFERABLE PURCHASING POLICIES It is recommended the City Council of the City of Cotati adopt by resolution the Environmentally Preferable Purchasing Policy.

11. DIRECTION ON FUTURE AGENDA ITEMS

12. PUBLIC HEARINGS (ACTION)
A. INTRODUCTION OF NOISE ORDINANCE AMENDMENTS TO RESTRICT THE USE

OF GAS-POWERED LEAF BLOWERS DURING CERTAIN HOURS
It is recommended that the City Council introduce an ordinance amending the noise ordinance to Cotati City Council Packet June 11, 2024

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restrict the use of gas-powered leaf blowers during certain hours and clarify the standards for determining violations.

13. REGULAR AGENDA (ACTION)
A. COTATI CHAMBER OF COMMERCE LICENSE AGREEMENT
It is recommended that the City Council, by motion, authorize the City Manager to execute the attached license agreement with the Cotati Chamber of Commerce and approve the FY 24-25 annual plan for chamber activities.

B. DISCUSS NORCAL OAKS LICENSE AGREEMENT
It is recommended that the City Council review and discuss the license agreement with NorCal Oaks Little League and provide direction to staff, if any.

C. SOCIAL MEDIA POLICY REVIEW
It is recommended that the City Council review and discuss the City’s existing social media policy and terms of service and provide direction to staff on potential amendments, if any.

14. CITY MANAGER'S REPORT

15. CITY COUNCIL MEMBER REPORTS

16. PUBLIC COMMENT ON NON-ACTION AGENDA ITEMS

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

ASSOCIATION (CPMA)
18 REPORT OUT OF CLOSED SESSION

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

20. 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 June 7, 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
Monday, May 13, 2024
6:00 PM SPECIAL MEETING – ENTERPRISE FUNDS, OTHER FUNDS, CAPITAL

IMPROVEMENTS BUDGET STUDY SESSION

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 Manager Damien O’Bid, Deputy City Clerk Kevin Patterson, Director of Administrative Services Angela Courter

4. PLEDGE OF ALLIGIANCE

5. PUBLIC COMMENT
Pursuant to California Government Code section 54954.3(a), members of the public wishing to address the Council/Board may do so at the beginning of the special meeting, and such comments shall be limited to the special meeting topic.

No public comment.
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6. STUDY SESSION
A. FISCAL YEAR 2024/25 - BUDGET STUDY SESSION #2 - ENTERPRISE FUNDS,

CAPITAL PROJECTS AND FUNDS, UPDATED GENERAL FUND
Presentation by Director of Administrative Services Angela Courter.

Councilmembers comment.

No public comment.

B. FISCAL YEAR 2024/25 - BUDGET STUDY SESSION #2 - SPECIAL REVENUES AND

INTERNAL SERVICE FUNDS
Presentation by Director of Administrative Services Angela Courter.

Councilmembers comment.

No public comment.

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

8. ADJOURNMENT
Mayor Sparks adjourned the meeting at 6:50pm.
/s/ Kevin Patterson, Deputy City Clerk
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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, May 28, 2024
6:00 PM REGULAR MEETING

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

2. ROLL CALL
Attendee Name Title Status
Laura Sparks Mayor Present
Ben Ford Vice Mayor Present
Susan Harvey Councilmember Present
Sylvia Lemus Councilmember Present
Kathleen Rivers Councilmember Present
Staff Present: City Manger Damien O’Bid, Assistant City Attorney Ali Wolf, Deputy City Clerk Kevin Patterson, Director of Administrative Services Angela Courter, Director of Community Development Noah Housh, Director of Public Works/City Engineer Craig Scott, Police Chief Chris Simmons

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 – MAY 14, 2024 Mayor Sparks requested a change to the minutes under future agenda items, to indicate that her 7 of 138
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request for a discussion on the license agreement for the baseball field at Putnam Park also included Civic Center Park.

RESULT: Approve as Amended [5 TO 0]
MOVER: Susan Harvey, Councilmember
SECONDER: Ben Ford, Vice Mayor
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None

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.

7. PROCLAMATIONS
A. PROCLAIMING THE MONTH OF JUNE 2024 AS PRIDE MONTH
Councilmember Rivers read the proclamation. Proclamation was accepted by Jess Carroll of Positive Images.

No public comment.

8. APPROVAL OF FINAL AGENDA (ACTION)
City Manager Damien O’Bid indicated that the closed session would be cancelled.

No public comment.

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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 Clerk will alert speakers when there are thirty seconds remaining.

Public Comment:

Adrienne Lauby of Cotati

10. CONSENT CALENDAR (ACTION)
A. CONSIDERATION OF A RESOLUTION TO APPROVE A CONTRACT WITH

CLOUDPERMIT TO PURCHASE AND IMPLEMENT AN ELECTRONIC PERMIT

MANAGEMENT SOFTWARE SYSTEM
B. ACCEPTANCE OF THE CYPRESS AVENUE SEWER REPAIR PROJECT

IMPROVEMENTS
C. RESOLUTION OF INTENT TO APPROVE THE PRELIMINARY ENGINEER'S

REPORT FOR THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT, LEVY

AND COLLECT ANNUAL ASSESSMENTS, AND SET THE TIME AND DATE OF THE

PUBLIC HEARING FOR THE COTATI LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT FOR FISCAL YEAR 2024/25
Councilmember Harvey recused herself from the vote on item 10B, as she lives near the project.

RESULT: Adopt [5 TO 0] ITEMS 10A and 10C
MOVER: Ben Ford, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None
RESULT: Adopt [4 TO 0] ITEM 10B
MOVER: Ben Ford, Vice Mayor
SECONDER: Sylvia Lemus, Councilmember
AYES: Sparks, Ford, Lemus, Rivers
NAYS: None
RECUSED: Harvey

11. DIRECTION OF FUTURE AGENDA ITEMS
None.

12. PUBLIC HEARINGS (ACTION)
A. CITY FEE SCHEDULE UPDATE
Presentation by City Manager Damien O’Bid. 9 of 138
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Councilmembers comment.

Public Comment:

Shelley Berman of Cotati
Council requested the following modifications to the fee schedule:
- Correct typo in fee for Inspection of Modification of Service - Clarify that the fee for Affordable Housing Monitoring is per unit - Clarify that the Standard Tree Removal Application Fee for first 5 trees removed is per tree - Change the penalty for Tree Removal without a Permit to 5x the Tree Replacement In-Lieu fee, plus 2x the Removal Application Fee.
- Amend the heading for Non-Contract Classes, or Programs held in City Parks, Fields, or Courts, to indicate that this fee is not for general park use RESULT: Approve [5 TO 0]
MOVER: Ben Ford, Vice Mayor
SECONDER: Susan Harvey, Councilmember
AYES: Sparks, Ford, Harvey, Lemus, Rivers
NAYS: None

13. REGULAR AGENDA (ACTION)
A. POLICE ADVISORY AND OVERSIGHT OPTIONS
Presentation by Chief of Police Chris Simmons.

Councilmembers comment.

Public Comment:

Adrienne Lauby of Cotati
Shelley Berman of Cotati
Marjorie Crump-Shears of Cotati
David of Cotati
Council supported the staff recommendations, with the following modifications:
- Members would be chosen by a committee consisting of the City Manager and two Councilmembers
- Three-year term for commissioners
- Staggering the term expiration dates during formation of the committee, to prevent the entire commission from turning over at year 3.

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

15. CITY COUNCIL MEMBER REPORTS 10 of 138
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Councilmembers report out on local and regional events and meetings.

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

17. CLOSED SESSION
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)
This item was cancelled during Approval of the Final Agenda

17. REPORT OUT OF CLOSED SESSION

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

19. ADJOURNMENT
Mayor Sparks adjourned the meeting at 8:51pm.
/s/ Kevin Patterson, Deputy City Clerk
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PROCLAMATION

OF THE CITY COUNCIL OF THE CITY OF COTATI

CELEBRATING JUNETEENTH
WHEREAS, on June 19, 1865 - nearly nine decades after our Nation’s founding, and more than 2 years after President Lincoln signed the Emancipation Proclamation - enslaved Americans in Galveston, Texas, finally received word that they were free from bondage and were recognized for the first time as citizens; and
WHEREAS, Black Americans came to commemorate Juneteenth with celebrations across the country, building new lives and a new tradition that we honor today; and WHEREAS, in its celebration of freedom, Juneteenth is a day that should be recognized by all Americans; and
WHEREAS, Juneteenth is a day in which we remember the moral stain and terrible toll of slavery on our country; and
WHEREAS, Juneteenth is also a day that also reminds us of our incredible capacity to heal, hope, and emerge from our darkest moments with purpose and resolve; and WHEREAS, we celebrate the centuries of struggle, courage, and hope that have brought us to this time of progress and possibility and everyday Americans who have helped make real the ideals of our founding documents for all; and
WHEREAS, on Juneteenth, we recommit ourselves to the work of equity, equality, and justice.

NOW, THEREFORE, BE IT FURTHER PROCLAIMED on this day of June 11, 2024 that the City Council of the City of Cotati hereby celebrates June 19, 2024 as Juneteenth.

Approved:_____________________________
Mayor
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PROCLAMATION

OF THE CITY COUNCIL OF THE CITY OF COTATI

FOR WOMEN VETERANS DAY
WHEREAS, 2024 marks the 76th anniversary of the groundbreaking Women's Armed Services Integration Act, which was signed into law by President Harry S. Truman on June 12, 1948, enabling women to serve as permanent, regular members of the Army, Marine Corps, Navy, and Air Force; and
WHEREAS, women veterans are one of the fastest-growing demographics within the United States military and are expected to reach nearly 20 percent of the veteran population by 2045; and
WHEREAS, Sonoma County is home to many women veterans who have served our country with honor and dignity, often in extremely dangerous situations, including being taken as POWs from World War II through Operation Desert Storm, Operation Noble Eagle, and Operation Enduring Freedom; and
WHEREAS, through their selfless sacrifice, courage, dedication, and honorable military service, women veterans have safeguarded our heritage and freedom while providing valuable service and expertise to our society; and
WHEREAS, women veterans have been leaders not only in securing their own rights of suffrage and equal opportunity but also at the forefront of numerous major progressive social change movements in history, paving the way for future generations to enjoy the unalienable rights, duties, and responsibilities afforded equally to all residents of the United States of America; and
WHEREAS, each woman veteran is extraordinary in her own way, proving that women working inside the home or outside in academia, science, technology, business, labor, governance, and more maintain critical roles in every sphere of society; and WHEREAS, the City of Cotati recognizes the bravery of all women veterans, including those who made the ultimate sacrifice and laid down their lives to protect our country.

NOW, THEREFORE, BE IT FURTHER PROCLAIMED on this day of June 11, 2024, by the City Council of the City of Cotati, that June 12, 2024 is hereby recognized as Women Veterans Day in the City of Cotati and the City Council encourages our community to honor women veterans for their outstanding achievements and invaluable contributions to our 13 of 138
nation.

Approved:_____________________________
Mayor
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: APPROVAL OF THE REVISED MOU FOR THE COTATI
POLICE OFFICERS ASSOCIATION (2024-2029)
Date: June 11, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council adopt a resolution approving the revised MOU for the Cotati Police Officers Association, beginning on July 1, 2024 through June 30, 2029.

Background
The Cotati Police Officers Association (CPOA) current has a 5-year memorandum of understanding (MOU) that expires on June 30, 2024. The MOU is the collectively bargained labor agreement for all non-managerial police staff, including police dispatchers, police officers and corporals, community service officer and records analyst.

The City has been negotiating with the CPOA since the beginning of 2024 and has reached a tentative agreement, subject to City Council approval. The CPOA membership has unanimously ratified the tentative agreement.

Analysis/Discussion
Below is a summary of the changes to the CPOA MOU. Prior side letter agreements are also included in the updated MOU.

Sworn Uniform Allowance
• Increase from $800 to $1,000 per year, in line with changes to the unrepresented group.

Bilingual pay
• $150/mo (Proficient), $300/mo (Fluent), which is comparable to the similar benefit in other nearby agencies.
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MOU Term
• 5 years
• A reopener on equity in year 3, City commitment to a compensation study.

Shift Differential
• 5% for regular time worked from 7 pm to 7 am, which is comparable to a similar benefit in other nearby agencies.

Salary
• Equity Adjustment to bring this group to the small city median of nearby agencies. o Dispatch: +7.1% total.
▪ 3.55% in Year 1, 3.55% in Year 2.
o Police Officer: +11.6% total.
▪ 5.8% in Year 1, 5.8% in Year 2.
• COLA
o 2.5% per year
Financial Considerations
The estimated annual and total 5-year costs of the proposed MOU amendments are indicated below. These are additional costs only, not existing costs.

FY 24-25 FY 25-26 FY 26-27 FY 27-28 FY 28-29 TOTAL 5

YEAR COST
$183,504 $318,634 $367,974 $419,473 $470,730 $1,760,315 These costs do not include the proposed change to Leave Bank and the related overtime and other salary costs it will create for additional shift coverage. Bilingual pay costing assumes 3 fluent, 3 proficient.

The proposed compensation is in-line with the median total compensation with the comparable agencies used by the City (Cloverdale, Sebastopol, Healdsburg, Calistoga, St. Helena). If approved by the City Council, these costs will be included in the proposed FY 24-25 budget.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING

AND AUTHORIZING THE CITY MANAGER TO SIGN THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY AND THE COTATI POLICE OFFICERS

ASSOCIATION (CPOA)
WHEREAS, the Cotati Municipal Code and Personnel Rules empower the City Council to establish a compensation plan covering all classes of positions; and WHEREAS, the City Council’s representative has met and conferred in good faith with representatives of Cotati Police Officers Association (CPOA), resulting in a Memorandum of Understanding (MOU) effective the start of the first full payroll cycle in fiscal year 2024-25; and WHEREAS, the City Council finds and determines that the MOU attached to this resolution as Exhibit “A” is appropriate and reasonable for the designated group; and WHEREAS, the action of approving an MOU does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED that the City Council does hereby approve the MOU attached to this Resolution as Exhibit “A”; and BE IT FURTHER RESOLVED that resolutions in conflict herewith are hereby superseded; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the MOU attached hereto as Exhibit “A”.

IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on June 11, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:______________________________
City Attorney
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TENTATIVE AGREEMENT BETWEEN CITY OF COTATI
AND COTATI CITY POLICE OFFICERS’ ASSOCIATION (CPOA)
RE: 2019 SUCCESSOR MOU NEGOTIATIONS
The following document contains the Tentative Agreement between the City of Cotati (hereinafter called “City”) and the Cotati Police Officers’ Association (“Association”) (hereinafter collectively called “the parties”) on wages, hours and terms and conditions of employment. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City and the Association and will apply to all employees covered by the Memorandum of Understanding (MOU) between the City and the Association.

Upon ratification and approval, this Agreement will amend the MOU between the parties dated July 1, 2019 – June 30, 2024.

The amended MOU shall supersede all other Memoranda of Understanding and agreements between the parties. Language in the MOU between the parties not amended by this Tentative Agreement will remain unchanged. The parties agree that any and all Tentative Agreements are hereby incorporated. Any outstanding proposals not agreed to are hereby withdrawn by the parties.

This Tentative Agreement is subject to ratification by Association membership and approval by the City Council of Cotati.

FOR THE CITY FOR THE ASSOCIATION
Date: Date:

DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 May 28, 2024 May 24, 2024
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12447117.1 CO200-037

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF COTATI

AND THE

COTATI POLICE OFFICERS ASSOCIATION
EFFECTIVE JULY 1, 2024
THROUGH JUNE 30, 2029
DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 19 of 138

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF COTATI

AND THE COTATI POLICE OFFICERS ASSOCIATION
P a g e | 2
ARTICLE 1: PREAMBLE
It is the intent and purpose of this Memorandum of Understanding (MOU) to set forth the understanding of the parties reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment of employees represented by the Cotati Police Officers Association (CPOA).

City representatives agree to recommend to the City Council of the City of Cotati that all terms of the MOU be adopted in full by Resolution of the City Council. Upon such adoption, all terms and conditions of this MOU shall then become effective without further action by either party.

ARTICLE 2: SAVINGS CLAUSE
If any section, subsection, subdivision, sentence, clause or phrase of this agreement is, for any reason, held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining positions of this agreement.

ARTICLE 3: MANAGEMENT RIGHTS
Section 3.01.

Except as otherwise specifically provided and subject to applicable laws, the City has and retains the sole and exclusive rights and functions of management, including, but not limited to, the following:

A. To determine the nature, standards, and extent of services to be performed, as well as the right to determine and implement its public function and responsibility.

B. To manage all facilities and operations of the City, including the methods, means, and numbers and kinds of personnel by which the City operations are to be conducted.

C. To direct the work force, including the right to hire, assign, promote, demote, or transfer any employee.

D. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments upon reasonable notice.

E. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law.

F. To determine policies, procedures, and standards affecting the selection, training, and promotion of employees.

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G. To establish, assess, and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment.

Section 3.02.

The CPOA employees covered by this MOU recognize that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force, performing those services in all respects subject to this Memorandum of Understanding.

ARTICLE 4: ASSOCIATION RIGHTS AND RELEASE TIME:

Section 4.01. Right to Organization
The City of Cotati recognizes the employees' rights to self-organization and to be represented by employee organizations of their own choosing as set forth in Chapter 10, Division 4, of the Government Code of the State of California.

Section 4.02. Bulletin Boards
Cotati Police Officers Association (CPOA) will be permitted to use non-public area bulletin boards on City property for the purpose of posting notices of meetings and other official CPOA business with the understanding that the material will not violate the law and City policies, including policies prohibiting harassment and discrimination, and laws prohibiting public agencies from supporting candidates for public office or ballot measures. All CPOA postings on City bulletin boards must be posted by an official CPOA representative for official CPOA business, as demonstrated by the signature of the CPOA official authorized to post the notice on behalf of the CPOA. This provision shall not apply to the City’s web-site or email system.

Section 4.03. Access to Work Locations
Reasonable access to employee work locations through public entrances shall be granted to nonemployee officers of the Association, for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Such officers shall not enter any work location without the consent of the Chief of Police. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

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Section 4.04. Meeting Space
The Association, or their representatives may, with the prior approval of the City Manager or designee, shall be granted the use of City facilities for meetings of City employees and their representatives, provided space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.

Section 4.05. Association Activity
Association activity and Association-related discussions among employees in the workplace shall not detract from performance of work duties and service to the public. Employees are required to comply with workplace conduct rules at all times, even when engaged in Association activity or Association-related discussion.

Solicitation of membership and activities concerned with the internal management of the Association, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during duty time, unless approved in advance by the City Manager. The City’s email system is for business purposes only, and may not be used for any Association purpose.

Section 4.06. Release Time for Association Representatives A. Meet and Confer:

City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives to discuss matters within the scope of representation, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of duty time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Preparations for negotiations shall not occur on duty time. Such employee representatives shall submit a written request for excused absence to the Chief, with an information copy to the City Manager, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed two (2).

B. Association Meetings:

Association Board Members, or others as designated in writing as official representatives by the Association Board, shall be allowed a reasonable period of time without loss of DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 22 of 138

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compensation for the sole and exclusive purpose of conducting Association Board or Association-wide meetings.

Upon forty-eight (48) hours of advance notice to the Police Chief or designee regarding the time, date and location of Association Board or Association-wide meetings, up to three (3) on-duty Association members shall be allowed up to two (2) hours of release time to attend such meetings, not to exceed a total of forty (40) hours for all members in a fiscal year. Permission to attend Association Board or Association-wide meetings on-duty is conditioned upon field and/or assignment conditions and shall not interfere with the normal course of assigned job duties or department operations.

ARTICLE 5: UNIT DESCRIPTION
The Cotati Police Officers' Association represents the following classifications:

Police Corporal
Police Officer
Police Dispatcher/Clerk
Community Services Officer
Police Records Support Analyst
ARTICLE 6: DUES DEDUCTION
City shall provide payroll deductions of membership dues for plans sponsored by CPOA/PORAC, upon receipt of written certification by the CPOA that it has and will maintain an authorization, signed by individual employees described in Article 5 above, from whose salary or wages the deduction or reduction is to be made. The providing of such service to CPOA by the City shall be contingent upon, and in accordance with, the provisions of the Government Code, City ordinances, resolutions, memoranda of understanding, and applicable administrative procedures. Such dues deductions shall continue so long as the CPOA remains the exclusive representative for the bargaining unit and so long as it has otherwise complied with this section in providing written certification to the City. The CPOA shall certify to the City in writing any changes in the required payroll deduction.

The CPOA agrees that it will provide a copy of individual authorizations to the City should a dispute arise about the existence or terms of the authorization, The CPOA shall indemnify the City and any department of the City and hold it harmless against any and all claims, demands, suits, or other forms of liability that may arise out of, or by reason DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 23 of 138

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of, any action taken by the City, or any department of the City, for the purpose of complying with payroll deduction provisions.

ARTICLE 7: COMPENSATION
Section 7.01. Wages
A. Cost of Living Adjustments:

Year One: Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024, or the first full pay period following July 1, 2024, whichever is later, all active employees represented by the CPOA will receive a cost-of-living increase in the amount of two- and one-half percent (2.5%).

In addition, employees in the following classifications will receive market equity increases as follows:
• Police Officer: 5.8%
• Dispatcher/Clerk, Records Support Analyst: 3.55%
Year Two: Effective the first full pay period following July 1, 2025, all active employees will receive a cost-of-living increase in the amount of two- and one-half percent (2.5%).

In addition, employees in the following classifications will receive market equity increases as follows:
• Police Officer: 5.8%
• Dispatcher/Clerk, Records Support Analyst: 3.55%
Year Three: Effective the first full pay period following July 1, 2026, active employees represented by the CPOA will receive a cost-of-living increase in the amount of two- and one-half percent (2.5%).

Effective July 1, 2026, the City will conduct a total compensation survey for Police Officer, Police Dispatcher/Clerk, Records Support Analyst and Community Services Officers using comparable jurisdictions of City of Healdsburg, City of St. Helena, City of Calistoga, City of Sebastopol, and City of Cloverdale. The survey will reflect Cotati salaries after implementation of the July 2026 COLA. Total compensation shall be based on top step salary, deferred compensation, CalPERS, social security, insurance (medical/dental/vision), and leave (vacation, holidays, and administrative leave).

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Year Four: Effective the first full pay period following July 1, 2027, active employees represented by the CPOA will receive a cost-of-living increase in the amount of two- and one-half percent (2.5%).

Year Five: Effective the first full pay period following July 1, 2028, active employees represented by the CPOA will receive a cost-of-living increase in the amount of two- and one-half percent (2.5%).

B. Reopener
Upon receipt of the completed total compensation surveys, the parties agree to reopen solely on the issue of salary for any represented classification below the median based on total compensation.

C. Police Records Support Analyst
The Police Records Support Analyst salary schedule shall be set at the same salary schedule as the Dispatcher classification.

Section 7.02. Salary Advancement
Assigned salary ranges contain five (5) steps. Employees move through these steps on the basis of performance. Employees shall be eligible for salary advancement consideration, as follows:

A. To the "B" step of the salary schedule after successful completion of twelve (12) months (2080 hours) at the "A" step. The date of this increase shall become the employee's pay review date for purposes of eligibility for future merit step increases.

B. To the "C" step after successful completion of one (1) year (2080 hours) at the "B" step.

C. To the "D" step after successful completion of one (1) year (2080 hours) at the "C" step.

D. To the "E" step after successful completion of one (l)year (2080 hours) at the "D" step.

When an employee is hired at a step other than Step A of the salary range assigned to the position, the employee shall be eligible for a step increase one (1) year (2080 hours) from the date of employment, and this date shall become the employee's pay review date for purposes of eligibility for future merit increases. Thereafter, the above merit pay procedure shall be followed.

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Salary advancements are granted for continued meritorious and efficient service, and after continued improvement in assigned tasks, in conjunction with performance appraisal procedures.

Recommendations are initiated by immediate supervisors and are then forwarded to the concerned department head for approval. These, in turn, shall be transmitted to the Administrative Services Department.

Salary step advancements are not guaranteed. When an employee is denied a merit increase, the employee shall be informed of such and the reasons therefore in writing. The employee shall be reconsidered for advancement within three (3) months and, if still denied, may be reconsidered for advancement at any subsequent time recommended by management of the concerned department.

Employees who have received internal promotions, if assigned to the next higher step of the new range offering a minimum two and one-half (2-1/2) percent salary increase, shall be eligible for a step increase upon successful completion of one (1) year (2080 hours) in the new position. If employees are placed on a higher step than this, based upon the recommendation of the department head and approval of the City Manager, they shall be eligible to advance to the next step of the range one (1) year (2080 hours) from the date of their promotion, and this date shall also become the employee's pay review date for purposes of eligibility for future merit increases.

Section 7.03. Longevity Pay
A. Employees Hired Before November 17, 2013
Employees hired before November 17, 2013 shall be eligible for salary advancement (longevity pay) based on the following schedule:

1. Three percent (3%) after eight and one-half (8-1/2) consecutive years of service with City of Cotati (17,680 hours)

2. An additional two percent (2%) for a total of 5%) after ten (10) consecutive years of service with City of Cotati (20,800 hours)

3. An additional one percent (1%) (for a total of 6%) after thirteen and one-half (13-1/2) consecutive years of service with City of Cotati (28,080 hours)

4. An additional three percent (3%) (for a total of 9%) after eighteen and one-half (18- 1/2) consecutive years of service with City of Cotati (38,480 hours) B. Employees Hired On Or After November 17, 2013
Employees hired on or after November 17, 2013 shall be eligible for salary advancement (longevity pay) based on the following schedule:

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1. Three percent (3%) after eight and one-half (8-1/2) consecutive years of service with City of Cotati (17,680 hours)

2. An additional three percent (3%) (for a total of 6%) after thirteen and one-half (13-1/2) consecutive years of service with City of Cotati (28,080 hours)

3. An additional three percent (3%) (for a total of 9%) after eighteen and one-half (18- 1/2) consecutive years of service with City of Cotati (38,480 hours) Section 7.04. Professional and Education Incentives
Subject to the criteria specified below, the City will pay a monthly incentive to employees in the Police Officer class who are employed full-time, permanent or probationary for job related Police Officer Standards and Training (POST) Certificates which exceed the normal established job requirements. Eligible employees will be compensated a monthly amount, as follows:

POST Intermediate Certificate: two percent (2%) of base salary POST Advanced Certificate: three percent (3%) of base salary An employee with both the POST Inte1mediate and Advanced Certificates therefore receives an incentive equal to five percent (5%) of base salary.

Effective July 1, 2015, Police Dispatcher/Clerks shall be eligible for the above-listed POST certificate incentives based on receipt of POST Dispatcher Intermediate and Advanced Certificates.

Section 7.05. Special Assignment Pay
A. Detective Division Premium.

Police Officers who are routinely and consistently assigned to be Detectives shall receive a five percent (5%) of base salary special assignment pay while serving as Detective.

Detective assignment is a Twenty-four (24) month assignment. Removal of an officer during the twenty-four (24) month cycle requires cause for removal. Layoff of Police Officers shall be considered cause for removal. The Chief of Police may extend any twentyfour (24) month special assignment at his or her discretion.

B. Training Premium

1. Police Officers who are routinely and consistently assigned by the Chief of Police to train employees, an assignment which requires that they have been designated as Field Training Officers and have POST Certification as a qualified Field Training Officer, shall receive a five percent (5%) of base salary special assignment pay for each full DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 27 of 138

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shift in which the employee actually performs all the responsibilities of a Field Training Officer.

2. Police Dispatcher Clerks who are routinely and consistently assigned by the Chief of Police to train employees, an assignment which requires that they have been designated as Qualified Trainers, and have POST Ce1tification as Qualified Trainer shall receive a five percent (5%) of base salary special assignment pay for each full shift in which the employee actually performs all the responsibilities of a training officer.

C. Canine Officer Premium
Employees covered herein who are assigned a Canine Officer detail are entitled to compensation for the off-duty hours spent caring, grooming, feeding and training their canine and maintaining their canine vehicle/unit. To receive such compensation, officers assigned as Canine Officers must have responsibility for caring, grooming, feeding and training of a canine. The parties acknowledge that the Fair Labor Standards Act, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off-duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the Canine Officers. The Fair Labor Standards Act also allows the parties to agree on appropriate compensation for the perfo1mance of canine duties. It is the intent of the parties through the provisions of this article to fully comply with the requirements of the Fair Labor Standards Act. In addition, both parties believe that the following agreement does comply with the requirements of the Fair Labor Standards Act.

Effective July 1, 2024, Police Officers assigned as Canine Officers shall be paid the higher of:
 Compensation for 15 hours per month paid on an overtime basis at one and one half times California minimum wage for off-duty Canine Officer duties (for the remainder of 2024 until State or local minimum wage, as applicable to the City, is changed, this shall be $264.75 per month); or
 Five percent (5%) of base salary paid with regular payroll.

This compensation compensates the Canine Officers for the reasonable number of hours per month which the Canine Officer spends feeding, grooming and care for the dog which has been assigned to the officer as well as training the dog and maintaining the canine vehicle/unit off duty. The number of hours was determined after an actual inquiry of the City’s Canine Officers.

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The parties agree that the foregoing compensation is intended to compensate the canine officer for off-duty canine activities at one and one half times the officer's regular rate for canine duties. It is the intent of the parties that the regular rate of pay for off-duty canine duties will exceed both the State and Federal minimum wage. It is expected that Canine Officers will not work more than fifteen (15) hours per month performing off-duty Canine duties as described herein.

Employees assigned as Canine Officers who must take their canine to the veterinarian in an emergency shall submit a written request to the Police Chief of the Chief s assigned designee for additional compensation for the hours spent performing such work.

Emergencies such as emergency veterinarian visits do not require advance approval because such work time is beyond the officer's control. In addition, if a canine officer will be required to perform duties (in rare occurrences) which causes a substantial increase in the normal off-duty horns worked for that month, he/she may request, in advance of the work, that additional compensation be provided. Such additional compensation must be approved in advance before such work is performed unless the additional work is an emergency beyond the officer's control. Any additional compensation shall be compensated at time and one half the canine regular rate.

D. Motorcycle Patrol Premium
Police Officers who are routinely and consistently assigned to operate and/or patrol on motorcycle shall receive a five percent (5%) of base salary special assignment pay while designated as the Motorcycle Officer. The term of the assignment shall be three (3) years with one (1) year extensions upon mutual agreement of the Chief of Police and the Officer.

The Officer assigned to the motorcycle unit during the initial assignment may only be removed with cause.

E. Assigned Vehicles
Take home vehicles will be assigned and determined by the Chief in accordance with operational needs.

F. Special Assignment Pay Total Cap
Employees may receive combined compensation up to an additional increase of ten percent (10%) of base pay for special assignments listed in Section 7.05 Special Assignment Pay.

G. Dispatch Incentive
Police Records Support Analysts who are qualified to work as a Dispatcher may cover Dispatcher shifts in limited circumstances with the express approval of the Chief of Police.

When covering Dispatcher shifts, Police Records Support Analysts will receive a five DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 29 of 138

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percent (5%) Dispatch Incentive. This assignment pay does not meet the criteria for reportable compensation for CalPERS purposes.

Section 7.06. Uniform Program
The purpose of this uniform program is twofold: (1) to identify City employees who have direct contact with the public on a regular basis, and to enhance the image of City operations generally performed by City personnel in public view; and (2) to provide uniforms to those personnel who are required to perform duties that result in their clothing becoming excessively dirty or in duties that require identifying uniforms. All identifying patches, badges, etc., purchased by the City for an employee, must be returned to the City when an employee terminates City employment.

A. Police Officers:

Sworn officers receive a uniform allowance of eight hundred dollars ($800.00) payable in equal installments in each paycheck. Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024, or the first full pay period following July 1, 2024, whichever is later, the uniform allowance for sworn officers will be increased to one thousand dollars ($1,000) per year.

New employees shall receive their initial uniform allowance upon appointment. Beginning with the subsequent fiscal year, the employee shall receive uniform allowance payments in equal installments in each paycheck.

Employees promoted from within the Cotati Police Department who require a different uniform for their new job shall receive the full allowance for their new job. Beginning with the subsequent fiscal year, the employee shall receive uniform allowance payments in equal installments in each paycheck.

B. Police Dispatcher Clerks/Community Services Officer:

Full-time Police Dispatcher/Clerks shall receive a uniform allowance of five hundred fifty dollars ($550) and Community Services Officer shall receive a uniform allowance of eight hundred dollars ($800) payable in equal installments in each paycheck. New employees shall receive their initial uniform allowance upon appointment. Beginning with the subsequent fiscal year the employee shall receive uniform allowance payments in equal installments in each paycheck. Employees promoted from within the Cotati Police Department who require a different uniform for their new job shall receive the full allowance for their new job. Beginning with the subsequent fiscal year, the employee shall receive uniform allowance payments in equal installments in each paycheck.

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C. Motorcycle Officer:

Sworn officers assigned to full-time Motorcycle Officer duty shall receive an initial motorcycle uniform not to exceed two thousand dollars ($2,000) in cost consisting of the following items:

Two (2) pairs motor pants
Three (3) uniform shirts
One (1) Leather jacket
Two (2) pair of gloves
Two (2) pairs of glasses (one sun, one clear)
One (1) pair of motor boots
Cotati Police Department patches
Motor Officer Insignia
The City will determine the baseline items for this motorcycle uniform. An officer may upgrade any of these items at the officer's expense. Beginning with the subsequent fiscal year, sworn officers assigned to full-time motorcycle duty will receive a one-thousand dollars ($1,000) uniform allowance payment in equal installments in each paycheck. The officer will replace any worn and/or faded items at the officer's expense.

Section 7.07. Direct Deposit
The City offers employees the option of direct deposit for their payment of biweekly payroll. The employee will be given the option to select a banking institution to have their biweekly payroll directly deposited. The City cannot guarantee direct deposits, and employees will be responsible for following-up with their banking institution when problems arise that are directly related to errors/or omissions on the part of such banking institution.

Section 7.08. Holiday Pay
All full time permanent or probationary Police Officers and Police Dispatcher/Clerks are normally required to work on approved holidays because they work in positions that require scheduled staffing without regard to holidays, and therefore shall be paid for twelve and one-half (12.5) ten (10) hour holidays per year which shall be payable in the pay period when the holiday is accrued, based on the base rate of pay at the time of payment. Part-time permanent and new employees will receive a pro-rata portion of the holiday pay based on the number of regularly assigned work hours during the pay period in which the holiday falls. An employee must be in full paid status in the pay period in which the holiday falls in order to receive holiday pay.

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The Police Records Support Analyst classification shall be eligible for City-recognized holidays listed in the personnel rules off with pay, and is not eligible for the holiday in lieu benefit.

Full-time and part- time Community Service Officers working an alternative work schedule shall be allowed to bank holiday hours at straight time for each holiday hour failing on a scheduled offday, up to the scheduled hours typically worked on the day that the holiday falls. Holiday time accrued must be used prior to the end of the fiscal year in which it is earned. Unused, banked holiday hours as of June 30th of each year, and at separation from City employment, will be forfeited. It is the express intent of the parties that holiday bank hours will not be treated as vested vacation in accordance with Labor Code section 227.3.

Section 7.09. Deferred Compensation Plan
Effective the first full pay period following July 1, 2019, full-time, regular employees with Tier 2 or Tier 3 (“PEPRA”) pension benefits are eligible to participate in a City-matching deferred compensation plan. Provided the total City contribution to Tier 2 or Tier 3 pension benefits remains under twenty percent (20%) of the employees’ base salary, the City will match employee contributions to the City’s deferred compensation plan up to a maximum of two percent (2%) of base salary.

Section 7.10 Bilingual Premium Pay
Effective the first full pay period following July 1, 2024 or the first full pay period following City Council approval of a successor MOU, whichever is later, employees will be eligible for bilingual pay as follows:

Proficiency Level: Job classifications that identify bilingual in Spanish as a desired job skill with proficient verbal bilingual skills in Spanish who are routinely and consistently assigned to positions requiring communication in Spanish will be eligible to receive a pay differential of $150 per month for the use of these skills in job duties arising during the normal course of work. To receive the Proficiency Level of Bilingual Premium Pay, the employee is required to receive advance Department Head approval, be verbally proficient in Spanish, and successfully pass a City provided proficiency examination in advance.

Advanced Level: Job classifications that identify bilingual in Spanish as a desired job skill with advanced bilingual skills in Spanish (fluent in speaking and writing/reading) who are routinely and consistently assigned to positions requiring communication in Spanish during the normal course of work, will be eligible to receive a pay differential of $300 per month. To receive the Advanced Level of Bilingual Premium Pay, the employee is required to receive advance Department Head DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 32 of 138

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approval, be fluent in Spanish (speaking and writing/reading), and successfully pass a City provided fluency examination in advance.

Employees who accept the Advanced Level of Bilingual Premium Pay will be required to, when called upon, to translate citywide, be a spokesperson for the department when bilingual communications between the press and the department are needed, and as circumstances may require, assist in liaison efforts to advance bilingual communication with community members or organizations. Law enforcement personnel may also be required to assist in investigations where Spanish language skills are identified to assist in an active or ongoing investigation.

General: Bilingual skills shall not be a condition of employment except for employees who are hired specifically with that requirement. If an employee is hired under this provision, that requirement shall be included in the initial appointment letter. The City may require retesting at any time.

The City has the right to discontinue the bilingual premium pay at any time based on changes to the City’s business needs, provided that the City gives the exclusive representative ten (10) days’ notice prior to such revocation, in order to allow the opportunity for the parties to meet and confer.

Bilingual Premium Pay expires effective June 30, 2029, unless the parties mutually agree to continue the benefit.

7.11 Shift Differential
Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024, or the first full pay period following July 1, 2024, whichever is later, Police Officers and Police Dispatchers scheduled to work between the hours 7 pm to 7 am will receive shift differential of five percent (5%) for hours worked between the hours of 7 pm to 7 am.

The 5% Shift Differential applies only to regular hours worked; it does not apply to FLSA or contractual overtime hours worked.

For employees assigned to periodically cover a shift between 7 pm and 7 am which is not their regularly assigned shift, shift differential does not meet the criteria for reportable compensation for CalPERS purposes.

ARTICLE 8: INSURANCES
The City makes available at its discretion subject to section 8.01 a choice of group medical, dental, life, and vision insurance programs for employees and their family members.

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Section 8.01 Health Insurance
A. Medical Insurance:

The City offers medical insurance directly and/or through the Redwood Empire Municipal Insurance Fund (REMIF). The City offers a choice of Kaiser Permanente and at least one other alternate form of medical insurance coverage. The policy shall be determined by the City, and shall be available for permanent or probationary full-time employees and their eligible dependents.

Employees will pay ten percent (10%) of the cost of medical insurance premiums.

B. Dental Insurance:

The City offers dental insurance. The policy shall be determined by the City and shall be available for permanent or probationary full-time employees and their eligible dependents.

The City will pay one hundred percent (100%) percent of the premium.

C. Vision Insurance:

The City offers vision insurance. The policy shall be determined by the City and shall be available for permanent or probationary full-time employees and their eligible dependents.

The City will pay one hundred percent (100%) percent of the premium.

Section 8.02 Other Insurance
A. Life Insurance Premiums:

Effective the first full pay period in September 2022, the City shall provide life insurance coverage in the amount of one hundred fifty thousand dollars ($150,000) for each employee. The policy shall be determined by the City and shall cover in the line of duty deaths/accidents. The City will pay one hundred percent (100%) of the premium. The City does not make available any life insurance policy to employee's eligible dependents.

B. Section 125 Plan:

The City offers an IRS 125plan. The plan allows employees to pay medical and childcare expenses with pre-tax dollars in accordance with IRS regulations. Any pre-tax dollars withheld, but not spent, during the plan's fiscal year will be forfeited to the City except as precluded by federal law.

C. AFLAC:

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The City makes available to all permanent and probationary employees a group of supplemental insurance policies offered by AFLAC. Upon election, the employee shall pay policy premiums through payroll deduction.

D. Employee Assistance Program:

The City provides and Employee Assistance Program for all employees, with premiums paid by the City.

E. Disability Leave – The City offers disability insurance through PORAC at the “Gold” level for all full time permanent and probationary employees, as described in the current benefit summary, as may be updated from time to time. The City pays 100% of the premium for PORAC non-industrial disability insurance.

Section 8.03 Retiree Medical Benefits
Retired full-time permanent employees with fifteen (15) years or more of full-time permanent service and their spouses or registered domestic partners may participate, at their option, in a City provided medical, dental, and vision plan after the official date of retirement until the participant becomes eligible for SSI or Medicare, whichever is sooner. Retiree pays one hundred percent (100%) of the premium for themselves and their spouse or registered domestic partner (if applicable).

Section 8.04 Part-Time Employees
The City recognizes an obligation as a responsible employer to provide employment benefits that are offered to full-time permanent or probationary employees to part-time, permanent employees on a pro-rata basis. Due to policy limitations, the City is not able to provide long term disability.

For part-time, permanent employees’ employment benefits are calculated on actual assigned hours of work based on a percentage of a forty (40) hour workweek. For example, based on one-half time employment in the case of vision, life, health, medical and dental premiums, the City will contribute fifty percent (50%) of premium cost through payroll deduction Section 8.05. Medicare
In compliance with H.R. 3128; all full-time, part-time, temporary, and seasonal employees hired after March 31, 1986 must participate in the Medicare program pursuant to all applicable laws.

ARTICLE 9: RETIREMENT
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Section 9.01. Public Employees' Retirement System (PERS) The City of Cotati is a member of the Public Employees' Retirement System (PERS). All permanent or probationary, full-time employees are required to become members of the system.

Permanent part-time employees are required to become members if they work more than onethousand (1,000) hours in any fiscal year.

A. Non-Sworn Employees

1. Tier 1 - Non-Sworn Employees Hired Before July 1, 2011:

Non-sworn safety employees hired before July 1, 2011 are covered under the 2.7% at 55, single highest years' salaries formula." This plan provides for a retirement allowance at age fifty-five (55) that is equal to the product of the number of years of service times .027 of the average monthly compensation earned during the single highest-paid year of service. Employees may retire at age fifty-five (55) with five (5) or more years of PERS-credited service.

Non-sworn employees hired before July 1, 2011 shall contribute 9.371% towards the cost for the following retirement benefit enhancements implemented in 2007:
-Section 21354.5- 2.7@ 55 Full and Modified formula
-Section 20042 - One-Year Final Compensation
-Section 21574- Fourth Level of 1959 Survivor Benefits
The percentage is based on the 2010 CalPERS actuarial for benefit enhancements.

Future increases in the employer contribution may result in a change to the employees' contribution rate to facilitate sharing of costs and continued employee payment for the agreed upon enhancements. The City will advise the Association and employees within six (6) months of the end of the fiscal year during the term of this Agreement regarding cost sharing of any increase to the employer contribution.

Effective July 1, 2012, non-sworn employees' contribution to the cost for 2007 retirement benefits enhancements will be reduced by two percent (2%) in lieu of reinstatement of the City's contribution to the defined compensation plan.

Effective July 1, 2012, Tier 1 non-sworn employees will pay three percent (3%) of the member contribution to CalPERS for pension. The City will pay the remaining five percent (5%) member contribution to CalPERS for pension.

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2. Tier 2 - Non-Sworn Employees Hired On or After July 1, 2011 (Exclusive of employees who become "new members" of CalPERS on or after January 1 2013 as defined by PEPRA):

Non-sworn safety employees hired on or after July 1, 2011, not including employees who become “new members” of CalPERS on or after January 1, 20l3 as defined by PEPRA, will be covered under the 2% at 60 formula as provided under Government Code section 21353, calculated using the average of three highest years, and will pay the full CalPERS employee contribution.

Tier 2 sworn employees shall pay the full member contribution required by CalPERS.

3. Tier 3 - Non-Sworn Employees Hired On or After January l, 2013 and Considered New Members of CalPERS (PEPRA Employees):

Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) (“third tier employees") will receive the 2% at age 62 retirement formula for non-sworn employees, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation. ·

4. Survivor Benefits for Tier 1, 2, and 3 Non-Sworn Employees:

Non-sworn safety employees also receive the PERS Section 21382.4 Fourth Level of 1959 Survivor Benefits. This benefit costs four dollars ($4) per month per employee.

The City shall match two dollars ($2) per month of the cost with each employee. The City will deduct the employee contribution by payroll deduction each bi-weekly pay period.

B. Sworn Employees

1. Tier 1 - Sworn Employees Hired Before July 1, 2011:

Sworn safety employees hired before July 1, 2011 are covered under the 3% at 50, average three (3) highest years salaries formula. This plan provides for a retirement allowance at age fifty (50) that is equal to the product of the number of years of service times .030 of the average monthly compensation earned during the average three (3) highest paid years of service: Employees may retire at age fifty (50), with or more years of PERS-credited service.

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Effective July 1, 2012, Tier 1 sworn employees will pay three percent (3%) of the member contribution to CalPERS for pension. The City will pay the remaining six percent (6%) of the member contribution to CalPERS for pension.

2. Tier 2 - Sworn Employees Hired On or After July 1, 2011(Exclusive of employees who become "new members" of CalPERS on or after January 1, 2013 as defined by PEPRA):

Sworn safety employees hired on or after July 1, 2011, not including employees who become "new members" of CalPERS on or after January 1, 2013 as defined by PEPRA, will receive a CalPERS retirement benefits based on the 2% at 50 formula, as provided under Government Code section 21362, calculated on average income of the three highest years, and will pay the full CalPERS employee contribution.

3. Tier 3 - Sworn Employees Hired On or After January 1, 2013 and Considered New Members of CalPERS (PEPRA Employees):

Qualifying employees hired on or after January 1, 2013 and considered new members of CalPERS as defined by the Public Employee Pension Reform Act (PEPRA) (“third tier employees") will receive the 2% at age 50 increasing to 2.7% at age 57 retirement formula for sworn employees, and shall be subject to the provisions of PEPRA, including provisions governing reportable compensation.

4. Survivor Benefits for Tier l, .2, and 3 Sworn Employees:

Sworn safety employees also receive the PERS Section 213.82.4 Second Level of 1959 Survivor Benefits. This benefit costs four dollars ($4) per month per employee. The City shall match two dollars ($2) per month of the cost with each employee. The City will deduct the employee contribution by payroll deduction each bi-weekly pay period.

C. All Sworn and Non-Sworn Employees:

The City contracts with Ca1PERS to provide the following benefits as described under California Public Employees' Retirement Law:

Government Code Section 120965 –Credit for Unused Sick Leave Section 21022- Public Service Credit for Periods of Layoffs Section21023. 5-Public Service Credit for Peace Corps or AmeriCorps: Vista Section 21024- Military Service Credit as Public Service DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 38 of 138

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Section 21027- Military Service Credit for Retired Persons Section 21548 -Pre-Retirement Option 2W Death Benefit
Section 9.02. Impact of Government Regulations on Employee Benefits The value or availability of the benefits provided in the MOU as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the CalPERS.

The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this MOU are limited to the direct cost of providing the salary and benefits as described in the MOU. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. The parties shall meet and confer in the event any statutory regulations are enacted that may potentially impact employee benefits.

Additionally, the City and the Association have mutually agreed throughout this MOU on the reportability of various payments and stipends to CalPERS. Should CalPERS or a decision of another government agency or department, overturn or require a change in the reportability of such a payment to CalPERS, the City and the Association jointly agree to reopen the MOU and meet and confer on the limited issue of the impacts of this decision.

ARTICLE 10: LEAVE BANK
Effective the first full pay period following Association ratification and City Council adoption of a successor MOU in 2024, or the first full pay period following July 1, 2024, whichever is later, employees hired before July 1, 2024 will accrue leave based on the following totals:

Days of Service Accrual
Start date to 1,095 days 13.25 hours per month
1,096 days to 1,825 days 15.25 hours per month
1,826 days to 3,650 days 18 hours per month
3,651 days or more 22.25 hours per month
Leave accrual will be suspended for any employee with a leave bank balance that exceeds two times the amount annually accrued by the employee.

Employees hired on or after July 1, 2024 will not be eligible to accrue leave bank time. In lieu of the Leave Bank, employees hired on or after July 1, 2024 shall accrue sick leave and vacation DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 39 of 138

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leave on a pay period basis, as follows:

Years of
Service
Sick Leave
Accrual Per
Year
Vacation
Accrual Per
Year
Vacation
Accrual Cap
One to Five 96 80 160
Six to Ten 96 120 240
More than 10 96 160 320
ARTICLE 11: HOURS OF WORK, WORK PERIODS, AND PAY PERIODS The standard workweek for employees assigned to ten (10) hour workdays shall be forty (40) hours. Presently the 7-day work period is 12:00a.m. (00:00) on Sunday and ending at 11:59 PM (23:59) the following Saturday.

All hours shall be designated by the Chief of Police at his or her sole discretion with proper notice.

The standard work schedule for employees assigned to twelve (12) hour shifts shall be three, twelve (12) hour shifts per workweek, plus one eight (8) hour shift on a fourth day every other week; (for sworn employees, six (6) twelve (12) hour shifts and one (1) eight (8) hour shift in a fourteen (14) day 7(k) work period as recognized by the FLSA.) The standard work week for nonsworn employees assigned to twelve (12) hour shifts will begin exactly four hours into an employee's eight (8) hour shift on the day of the week which constitutes the employee's alternating regular day off.

The pay period for all employees shall be bi-weekly. If a payday falls on a holiday or weekend, payday will (if possible) be the last business day before the designated holiday or weekend.

Employees will receive a minimum of two weeks' notice for scheduled hours or shift changes, unless exigent circumstances exist. Scheduled changes will not affect the employee's normal consecutive days off unless exigent circumstances exist. "Exigent circumstances" mean an emergency situation which develops suddenly and unexpectedly and which demands immediate attention and action to preserve the peace and public safety or any circumstance the City cannot control in which the Police Department has three days or less notice of a needed scheduled change.

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ARTICLE 12: OVERTIME
Section 12.01. Regular Overtime
The City will compensate eligible employees for each full hour of overtime worked at a rate of time and one-half the employee's regular rate of pay.

For non-sworn employees, Overtime is defined as hours worked in excess of forty (40) hours in a designated 7-day work period, as provided by the FLSA.

For sworn employees, contractual overtime is defined as hours worked in excess of forty (40) hours in a designated 7-day work period. For contractual overtime purposes, the 7-day work period used to calculate contractual overtime for sworn employees assigned to twelve (12) hour shifts will begin exactly four hours into an employee's eight (8) hour shift on the day of the week which constitutes the employee's alternating regular day off.

Authorization of the employee's supervisor must be obtained prior to the working of overtime, except in emergency situations. Compensation for overtime shall be in the form of cash payment or compensatory time off as provided below. For sworn and non-sworn employees hired before July 1, 2024, for purposes of FLSA and contractual overtime and compensatory time ·calculations, all paid leave time shall be considered as hours worked. For sworn and non-sworn employees hired on or after July 1, 2024, for purposes of FLSA and contractual overtime and compensatory time calculations, paid leave time shall be not considered hours worked.

Effective July 1, 2009, the City and the Association agree that Peace Officers represented by this Association are covered by the 28-day work period/ partial exemption set forth at 29 U.S.C.

Section 207(k) for the FLSA; Police Officers assigned to 12-hour shifts are covered by the 14-day work period/partial exemption set forth at 29 U.S.C. Section 207(k) of the FLSA. FLSA Overtime for Police Officers is defined as hours worked in excess of 171 in a 28-day work period, or hours worked in excess of 86 in a 14-day work period for Police Officers assigned to 12-hour shifts. All work periods which define overtime based as other than time worked in excess of forty (40) hours are established pursuant to 29 U.S.C. Section 207(k) of the FLSA.

Section 12.02. Compensatory Time
A maximum of 100 hours of compensatory time may be accrued by each employee. Upon the request of the employee and approval of the appropriate department head or supervisor overtime shall be compensated with compensatory time off. Compensatory time off may be used if the employee provides reasonable notice of at least twenty-one (21) days in advance to the appropriate DocuSign Envelope ID: B868F202-4092-4349-B28D-AAF034B0C5C7 41 of 138

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supervisor and the time off does not create an undue burden on the Department; however, management cannot guarantee time off on short notice. Management will make every effort to comply with the time off wishes of the employee and shall not assign employees to compensatory time off.

Employees may reconvert compensatory time into paid overtime, subject to cash-out limits in place at the time. In order to cash out compensatory time hours, employees must make an irrevocable election in December for cash out of compensatory time to be earned in the following calendar year. Cash out of compensatory time will occur after the leave is earned. Written irrevocable election to Human Resources is required for all cash-out requests. There will be no exceptions to this written irrevocable election requirement, unless provided otherwise in the Personnel Rules. Compensatory time will be compensated at the rate of pay in effect at the time of payment.

Section 12.03. Call-Out Pay
In the event an employee is called out for emergency duty or Court appearances, the employee will receive compensation at a rate of time and one-half the employee's regular hourly rate. Call-out shall be compensated at three (3) hour minimum at time and one-half. Call out time shall be defined as time worked by the employee, in excess of their scheduled work hours in a workday or work week, which is not an extension of the normal work day when there is a break in service.

ARTICLE 13: USE OF CITY VEHICLES
Section 13.01 Use of City Vehicles
Employees are to use City vehicles for City work. City liability insurance coverage extends to include use of all City-owned vehicles when the employee is driving the vehicle on City business.

Employees shall not use City vehicles for unauthorized purposes.

ARTICLE 14: WORK DISRUPTION
It is agreed and understood that there will be no strike, work stoppage, slowdown, refusal, or failure to fully and faithfully perform job functions and responsibilities, or other interference with the operations of the City by the Association or by its officers, agents, or members during the term of this MOU, including compliance with the request of other labor organizations to engage in such activity.

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The Association recognizes the duties and obligations of its representatives to comply with the provisions of this MOU and to make every effort toward inducing employees to do so. In the event of a strike, work stoppage, slowdown, or other interference with the operation of the City or its agents by employees who are represented by the Association, the Association agrees in good faith to take all necessary steps to cease such employee action.

It is agreed and understood that any employee violating this Article may be subject to discipline up to and including termination. It is agreed that the City shall institute no lockout of employees during the term of this MOU, unless such work disruptions occur.

ARTICLE 15: EFFECT OFAGREEMENT
Section 15.01. Full Understanding
This Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

Section 15.02. Waiver
Except as specifically provided herein, it is agreed and understood that CPOA voluntarily and unqualifiedly waives its right to and releases the City from any obligation to meet and confer on any subject or matter contained herein.

Section 15.03. Modifications
No agreement, alteration, understanding, violation, waiver, or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto, unless made and executed in writing by the parties hereto, and if required, approved and implemented by the City Council.

Section 15.04. Future Enforcement
The waiver of any breach, term, or condition of this Memorandum of Understanding by either party shall not constitute a precedent or waiver in the future enforcement of all or any of its terms and provisions.

ARTICLE 16: TERM
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Except as indicated herein, this Memorandum of Understanding shall be effective upon ratification and adoption of this agreement, and until a successor agreement is negotiated or a party in negotiations for a successor agreement has declared impasse and the administrative impasse resolution procedures have been exhausted without an agreement being reached, no earlier than June 30, 2029. Negotiations for a successor agreement shall commence no sooner than January 2029.

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Made and entered into this day of May 2024.

COTATI POLICE

OFFICERS ASSOCIATION CITY OF COTATI
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Certificate Of Completion
Envelope Id: B868F20240924349B28DAAF034B0C5C7 Status: Completed Subject: Tentative Agreement, MOU between City of Cotati and CPOA-TA.docx Source Envelope:

Document Pages: 28 Signatures: 2 Envelope Originator:

Certificate Pages: 5 Initials: 0 Damien O'Bid
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
[email protected]
IP Address: 108.213.217.140
Record Tracking
Status: Original
5/24/2024 12:49:01 PM
Holder: Damien O'Bid
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO City of Cotati Location: DocuSign Signer Events Signature Timestamp
Shaun Du Fosee
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 107.206.157.113
Sent: 5/24/2024 12:59:07 PM
Viewed: 5/24/2024 5:20:48 PM
Signed: 5/24/2024 5:23:22 PM
Electronic Record and Signature Disclosure:

Accepted: 5/24/2024 5:20:48 PM
ID: 975def79-e07f-4fd2-a342-465d313b2865
Damien O'Bid
[email protected]
City Manager
City of Cotati
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.6.94.254
Sent: 5/24/2024 5:23:23 PM
Viewed: 5/28/2024 2:22:47 PM
Signed: 5/28/2024 2:23:36 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
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Kelly Tuffo
[email protected]
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Sent: 5/28/2024 2:23:38 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
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Carbon Copy Events Status Timestamp
POA President
[email protected]
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Sent: 5/28/2024 2:23:38 PM
Electronic Record and Signature Disclosure:

Accepted: 12/23/2023 11:39:12 PM
ID: 2d52d6ab-5093-4e43-9275-a628ebb505f0
Witness Events Signature Timestamp
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Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 5/24/2024 12:59:07 PM
Certified Delivered Security Checked 5/28/2024 2:22:47 PM Signing Complete Security Checked 5/28/2024 2:23:36 PM
Completed Security Checked 5/28/2024 2:23:38 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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From time to time, Carahsoft OBO City of Cotati (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/20/2021 3:35:42 PM Parties agreed to: Shaun Du Fosee, POA President
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To withdraw your consent with Carahsoft OBO City of Cotati To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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Cotati City Council
Agenda Staff Report
Item type: CONSENT CALENDAR (ACTION)
To: City Council
Subject: ADOPTION OF ENVIRONMENTALLY PREFERABLE

PURCHASING POLICIES
Date: June 11, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended the City Council of the City of Cotati adopt by resolution the Environmentally Preferable Purchasing Policy.

Background
Senate Bill 1383 (SB 1383) also known as the Short-Lived Climate Pollutants Reduction Act. SB 1383 sets statewide targets to reduce the disposal of organic waste by 50 percent by 2020 and 75 percent by 2025. To achieve these goals, public agencies, including the City of Cotati, are required to meet an Annual Procurement Target for recycled organic materials such as compost or mulch, based on population. To help with the regulation's implementation, it is suggested to adopt a procurement policy that complies with the obligations set out by SB1383. City Staff derived the proposed policy from the model procurement policy provided by Cal Recycle, the regulatory agency monitoring compliance with SB 1383.

Analysis/Discussion
The regulations developed by the California Department of Resources Recycling and Recovery (CalRecycle) in accordance with SB 1383 outline the requirements for local entities in procuring recovered organic waste products. The City of Cotati is obligated to annually procure a quantity of recovered organic waste products that meets or exceeds the specified procurement target. To determine the City's procurement target, the per capita procurement target of 0.08 tons of organic waste is multiplied by the City's population according to the most recent data reported by the California Department of Finance.

The SB 1383 regulations provide flexibility for the City to comply with its procurement target 51 of 138
obligations. The City can directly procure recovered organic waste products or engage the services of a direct service provider to fulfill the procurement requirements. The eligible recovered organic waste products that can be counted towards the City's annual procurement target include SB 1383 eligible compost, SB 1383 eligible mulch, and renewable gas.

In addition to recovered organic waste products, the SB 1383 regulations also require the City to purchase recycled content paper products, including printing and writing paper, and janitorial supplies. Vendors supplying paper products to the City must certify the percentage of postconsumer material in their products and provide information about the recyclability of products.

The City is also responsible for maintaining records related to its efforts in meeting the procurement target and fulfilling recycled paper product procurement requirements.

To align the City's procurement methods with the requirements of SB 1383 and to provide guidance for all departments in their procurement practices, staff recommends the adoption of the attached Policy, drafted from the sample policy provided by CalRecycle. This policy will ensure compliance with SB 1383 and facilitate the City's efforts to contribute to statewide organic waste reduction and sustainable procurement practices.

Financial Considerations
Costs for mulch and compost products are already included in City operations. Staff time requirements to implement the practices and maintain records for reporting are unknown but will be tracked for future quantification. Any additional direct costs associated with purchase of more environmentally preferable items will be quantified and be included as a consideration with each purchase or bid process. For example, based on the current prices for paper products, there is likely a $2,000-$5,000 per year impact, depending on types of products and quantities ordered.

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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Y:\POLICIES AND PROCEDURES SOPS
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City Council Policy No. 1992-01
Adopting a Source Reduction and Recycling
Procurement Policy
Adopted September 9, 1992 Resolution No. 92-69
City of Cotati
City Council Policy No. 1992-01

Adopting a Source Reduction and Recycling Procurement Policy ________________________________________________
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RESOLUTION NO. (XX)

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI ADOPTING

AN UPDATED ENVIRONMENTALLY PREFERED PURCHASING POLICY
WHEREAS, Senate Bill 1383 (SB 1383) also known as the Short-Lived Climate Pollutants Reduction Act, which set statewide targets to reduce the disposal of organic waste by 50 percent by 2020 and 75 percent by 2025; and
WHEREAS, to achieve these goals, public agencies, including the City of Cotati, are required to meet an Annual Procurement Target for recycled organic materials such as compost or mulch, based on population; and
WHEREAS, as part of the regulation's implementation, it is required to adopt a procurement policy that complies with the obligations set out by SB1383; and WHEREAS, in 1992, the City adopted a source reduction and recycling procurement policy (Policy 1992-01) via Resolution 92-69; and
WHEREAS, City Staff derived the proposed policy from the model procurement policy provided by Cal Recycle, the regulatory agency monitoring compliance with SB 1383; and WHEREAS, the action of approving the environmentally preferred purchasing policy does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.

NOW THEREFORE BE IT RESOLVED that the City Council finds the recitals herein true and correct; and
IT IS FURTHER RESOLVED that Resolution 92-69 and associated Policy 92-69 are hereby rescinded; and
IT IS FURTHER RESOLVED that the City Council does hereby approve the policy attached to this Resolution as Exhibit “A”; and
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on June 11, 2024, by the following vote, to wit:

Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, Deputy City Clerk
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Approved as to form:______________________________
City Attorney
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Environmentally Preferable Purchasing Policies
Table of Contents
1) Statement of Policy .....................................................................................................................2 2) Purpose......................................................................................................................................2 3) Definitions ..................................................................................................................................3 4) Strategies For Implementation.....................................................................................................8 a) Source Reduction....................................................................................................................8 b) Recycled Content Products .....................................................................................................9 c) Recovered Organic Waste Product Procurement .................................................................... 11 d) Renewable Gas Procurement ................................................................................................ 12 e) Electricity Directly Procured from Biomass Conversion........................................................... 12 f) Requirements for Direct Service Providers.............................................................................. 13 g) Energy Efficient and Water Saving Products............................................................................ 14 h) Green Building Products and Practices for City Facilities......................................................... 15 i) Landscaping Products and Practices on City Facilities............................................................ 15 j) Household Hazardous Waste & Pollution Prevention .............................................................. 16 k) Fiber-only Products at City Facilities ...................................................................................... 17 l) Forest Conservation Products at City Facilities....................................................................... 17 5) Recordkeeping Responsibilities ................................................................................................. 18 6) Responsibilities ........................................................................................................................ 19 7) Implementation ........................................................................................................................ 19 8) Program Evaluation ................................................................................................................... 19 9) Exceptions................................................................................................................................ 19 10) Effective Dates...................................................................................................................... 19 61 of 138
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1) Statement of Policy
The Environmentally Preferable Purchasing Policy will commit the City to:
a) Protect and conserve natural resources, water, and energy; b) Minimize the contribution to climate change, pollution, and solid waste disposal; c) Institute practices that reduce waste by increasing product efficiency and effectiveness; d) Purchase products that minimize environmental impacts, toxics, pollution, and hazards to worker and community safety;
e) Purchase products that include recycled content, are durable and long-lasting, conserve energy and water, use agricultural fibers and residues, use unbleached or chlorine free manufacturing processes, are lead-free and mercury-free, and use wood from sustainably harvested forests; and
f) Comply with State requirements as contained in the SB 1383 procurement regulations to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials.
2) Purpose
The purpose of the policy is to incorporate considerations that include the following:
a) Conserve natural resources;
b) Minimize environmental impacts such as pollution and use of water and energy; c) Eliminate or reduce toxics that create hazards to workers and our community; d) Support a strong recycling market and circular economy; e) Incorporate environmental considerations including recycled-content and recovered Organic Waste product use into purchasing practices and procurement; f) Reduce materials that are landfilled;
g) Increase the use and availability of environmentally preferable products that protect the environment;
h) Identify environmentally preferable products and distribution systems; i) Reward manufacturers and vendors that reduce environmental impacts in their production and distribution systems or services;
j) Create a model for successfully purchasing environmentally preferable products that encourages the use of agricultural fibers, chlorine-free manufacturing processes, wood from sustainably harvested forests, and other environmentally friendly practices, and that encourages other purchasers in our community to adopt similar goals. 62 of 138
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3) Definitions
o “Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the City’s residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to each City of its Annual Recovered Organic Waste Product Procurement Target by posting such information on CalRecycle’s website and providing written notice directly to the City.
o “American Society for Testing and Materials” means ASTM International, an open forum for the development of high quality, market relevant international standards use around the globe.
o “Bay Area Green Business Program” is a partnership of governments and businesses that certifies the environmental performance of government agencies and businesses. o “Bio-Based Products” means commercial or industrial products (other than food or feed) that utilize agricultural crops or residues but does not include products made from forestry materials.
o “Biodegradable Products Institute” (BPI) is a multi-stakeholder association of key individuals and groups from government, industry and academia, which promotes the use, and recycling of biodegradable polymeric materials (via composting). BPI does not create standards but certifies products that demonstrate they meet the requirements in ASTM D6400 or D6868, based on testing in an approved laboratory. o “Buyer” means anyone authorized to purchase or contract for purchases on behalf of the City and its departments.
o “The Carpet and Rug Institute” (CRI) is the national trade association representing the carpet and rug industry. CRI has developed and administered the “Green Label” indoor air quality testing and labeling program for carpet, adhesives, cushion materials and vacuum cleaners. The “Green Label Plus” testing program incorporates additional requirements to meet California’s Collaborative for High Performance Schools low-emitting materials criteria.
o “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4). Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted 63 of 138
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under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.
o “Compostable plastic” means a polymer that is made from plants such as corn or soybeans, and breaks down during composting to yield carbon dioxide, water and inorganic compounds and biomass, at a rate consistent with other known compostable materials and leaves no visually distinguishable or toxic residues.
o “Contractor” means any person, group of persons, business, consultant, designing architect, association, partnership, corporation, supplier, vendor or other entity that has a contract or serves in a subcontracting capacity with an entity having a contract for the provision of goods or services.
o “Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
o “EcoLogo” is a third-party, multi-attribute eco-labeling program founded by the Canadian government in 1988 and part of UL Environment since 2010. The Program compares products / services with others in the same category, develops rigorous and scientifically relevant criteria, and awards the EcoLogo to those that are environmentally preferable throughout their entire lifecycle.
o “Electronic Product Environmental Assessment Tool” (EPEAT) is a procurement tool to help institutional purchasers in the public and private sectors evaluate, compare and select personal computers, displays, imaging equipment and televisions based on their environmental attributes.
o “Electricity Procured from Biomass Conversion” means electricity generated from biomass facilities that convert recovered Organic Waste, such as wood and pruning from the municipal stream, into electricity. Electricity procured from a biomass conversion facility may only count toward the City’s Annual Recovered Organic Waste Product Procurement Target if the facility receives feedstock directly from certain permitted or authorized compostable material handling operations or facilities, transfer/processing operations or facilities, or landfills, as described in 14 CCR Section 18993.1(i). o “Energy Star” means the U.S. EPA’s energy efficiency product labeling program. o “Energy-Efficient Product” means a product that is in the upper 25% of energy efficiency for all similar products, or that is at least 10% more efficient than the minimum level that meets Federal standards.
o “Environmentally Preferable Purchasing” means EPP is the procurement of goods and services that have a reduced impact on human health and the environment compared to competing products serving the same purpose. It is an essential part of our search for high quality products and services at competitive prices.
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o “Federal Energy Management Program” is a program of the Department of Energy that issues a series of Product Energy Efficiency Recommendations that identify recommended efficiency levels for energy-using products.
o “Forest Stewardship Council” is a global organization that certifies responsible, on-theground forest management according to rigorous standards developed by a broad variety of stakeholder groups.
o “Green Seal” is an independent, non-profit environmental labeling organization. Green Seal standards for products and services meet the U.S. EPA’s criteria for third-party certifiers. The Green Seal is a registered certification mark that may appear only on certified products.
o “Integrated Pest Management” is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment. o “City” means the City of Cotati or a regional agency with the responsibility for meeting Integrated Waste Management Act requirements. Cities may utilize a Joint Powers Authority (JPA) to comply with the requirements of SB 1383, however, the City shall remain ultimately responsible for compliance.
o “LEED Rating System” means the most recent version of the Leadership in Energy and Environmental Design (LEED) Rating System, approved by the U.S. Green Building Council, and designed for rating new and existing commercial, institutional, and residential buildings.
o “NSF/ANSI” means NSF International follows the American National Standards Institute (ANSI) standards development process. Standards are developed by joint committees (balanced stakeholder groups of public health, industry and user representatives). o “Organic Pest Management” prohibits the use and application of toxic chemical pesticides and strives to prevent pest problems through the application of natural, organic horticultural and maintenance practices. All pest control products shall be in keeping with, but not limited to, those products on the approved list of California Certified Organic Farmers (CCOF). o “Organic Waste” means Solid Wastes containing material originated from living organisms, such as food scraps and yard debris. This designation shall be made by the authorized collector based on good public practice, ability to receive an acceptable economic return, and feasibility of composting the waste stream. o “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; 65 of 138
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o "Post-consumer Material" means a finished material which would normally be disposed of as a solid waste, having reached its intended end-use and completed its life cycle as a consumer item, and does not include manufacturing or converting waste. o “Pre-consumer Material” means material or by-products generated after manufacture of a product is completed but before the product reaches the end-use consumer. Pre-consumer material does not include mill and manufacturing trim, scrap, or broke which is generated at a manufacturing site and commonly reused on-site in the same or another manufacturing process.
o “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications;
o “Postconsumer Content” means any product which has served its intended use by a business or a consumer, which has been disposed and subsequently separated from solid waste for use as a constituent in a new product.
o “Procurement of Recovered Organic Waste Products” shall mean purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.
o “Post-manufacture Content” means, waste that is created by a manufacturing process, and that is subsequently only used as a constituent in another manufacturing process. o “Recovered Material” means fragments of products or finished products of a manufacturing process, which has converted a resource into a commodity of real economic value and includes pre-consumer and post-consumer material but does not include excess resources of the manufacturing process.
o “Recovered Organic Waste Products” means products made from California, landfilldiverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article

12. o “Recordkeeping Designee” means the public employee appointed by the City Manager or their designee to track procurement and maintain records of Recovered Organic Waste 66 of 138
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Product procurement efforts both by the City and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13. In Sonoma County, Zero Waste Sonoma will be considered the Recordkeeping Designee.
o "Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).
o “Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended. o Recycled Content Standard” means the minimum level of recovered material and/or postconsumer material necessary for products to qualify as “recycled products.” o “Recycling” means using waste as material to manufacture a new product. Recycling involves altering the physical form of an object or material and making a new object from the altered material.
o “Renewable Gas” means gas derived from Organic Waste that has been diverted from a landfill and processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste.
o “Reuse” means using an object or material again, either for its original purpose or for a similar purpose, without significantly altering the physical or chemical form of the object or material.
o “Remanufactured Product” means any product diverted from the supply of discarded materials by refurbishing and marketing said product without substantial change to its original form.
o “Reused Product” means any product designed to be used many times for the same or other purposes without additional processing except for specific requirements such as cleaning, painting or minor repairs.
o “Russian River Friendly Landscaping” means working with the natural ecosystems of the Russian River region to foster soil health, to reduce runoff and pollution, prevent and reuse plant waste, and conserve water and other natural resources. The Russian RiverFriendly Landscape Guidelines are a revision of the Bay-Friendly Landscape Guidelines by the Russian River Watershed Association (RRWA), originally published by StopWaste.Org.
o “Source Reduction” Section 40196 of the California Public Resources Code defines source reduction as any action which causes a net reduction in the generation of solid waste. "Source Reduction" includes, but is not limited to, reducing the use of nonrecyclable materials, replacing disposable materials and products with reusable materials and products, reducing packaging, reducing the amount of yard wastes generated, establishing garbage 67 of 138
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rate structures with incentives to reduce the amount of wastes that generators produce, and increasing the efficiency of the use of paper, cardboard, glass, metal, plastic, and other materials.
o “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time. o “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. o “State” means the State of California.
o “Water-Saving Products” are those that are in the upper 25% of water conservation for all similar products, or at least 10% more water-conserving than the minimum level that meets the Federal standards.
o “WaterSense” means a partnership program by the U.S. Environmental Protection Agency.

Independent, third-party licensed certifying bodies certify that products meet EPA criteria for water efficiency and performance by following testing and certification protocols specific to each product category. Products that are certified to meet EPA specifications are allowed to bear the WaterSense label.
4) Strategies For Implementation
a) Source Reduction
i) Institute practices that reduce waste, encourage reuse, and result in the purchase of fewer products.
ii) Purchase remanufactured products such as toner cartridges, tires, furniture, equipment and automotive parts, when feasible.
iii) Consider short-term and long-term costs in comparing product alternatives. This includes evaluation of total costs expected during the time a product is owned, including, but not limited to, acquisition, extended warranties, operation, supplies, maintenance and replacement parts, disposal costs and expected lifetime compared to other alternatives.
iv) Purchase products that are durable, long lasting, reusable or refillable and avoid purchasing one-time use or disposable products.
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v) Request vendors eliminate packaging or use the minimum amount necessary for product protection. Vendors shall be encouraged to take back packaging for reuse. A vendor’s willingness to take back packaging will be used as part of the consideration in the procurement process.
vi) Specify a preference for packaging that is reusable, recyclable, or compostable, when suitable uses and programs exist.
vii)Encourage vendors to take back and reuse pallets and other shipping materials. viii) Encourage suppliers of electronic equipment, including but not limited to computers, monitors, printers, and copiers, to take back equipment for reuse or environmentally sound recycling when discarding or replacing such equipment, whenever possible.

Suppliers will be required to state their take-back, reuse or recycling programs during the procurement process.
ix) Consider provisions in contracts with suppliers of non-electronic equipment that require suppliers to take back equipment for reuse or environmentally sound recycling when discarding or displacing such equipment, whenever possible. Suppliers will be required to state their take back, reuse or recycling programs during the procurement process. x) Promote electronic distribution of documents rather than printing or copying. xi) When producing paper documents, print and copy all documents on both sides to reduce the use and purchase of paper. Printers and copiers shall be set to default to duplex. xii)Ensure all imaging equipment is installed with energy and resource-efficient settings set as default.
xiii) Reduce the number and type of equipment needed to perform office functions to save energy and reduce purchasing and maintenance costs. Eliminate desktop printers, redundant network printers and reduce the number of fax machines leased or owned.

Consider the lease or purchase of multi-function devices. b) Recycled Content Products
i) Requirements for City Departments
(1) Price preference: If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever the total cost is the same or a lesser total cost than non-recycled items or whenever the total cost is no more than 10 percent (10%) of the total cost for the non-recycled items. (2) All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined.
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(3) Provide records to Zero Waste Sonoma of all Paper Products and Printing and Writing Paper purchases annually no later than June 30 of the purchase (both recycled-content and non-recycled content, if any is purchased) made by the City.

Records shall include a copy of the invoice or other documentation of purchase, written certifications, vendor name, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if nonRecycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided. ii) Requirements for Vendors
(1) All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City shall:
(2) Provide Recycled-Content Paper Products and Recycled-ContitemsPrinting and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non-recycled item. (3) Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
(4) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(5) Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined.
(6) Provide records to Zero Waste Sonoma of all Paper Products and Printing and Writing Paper purchased from the vendor annually no later than June 30 of the purchase (both recycled-content and non-recycled content, if any is purchased) made by the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non- Recycled-Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or RecycledContent Printing and Writing Paper were not provided. 70 of 138
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(7) All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber.
c) Recovered Organic Waste Product Procurement
i) Procurement Target
(1) The City will annually procure for use or procure through Zero Waste Sonoma Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target.
(2) To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following SB 1383 eligible Compost, SB 1383 eligible Mulch, Renewable Gas (in the form of transportation fuel, electricity, or heat), and Electricity Procured from Biomass Conversion. ii) Requirements for City Departments
(1) Compost and SB 1383 Eligible Mulch procurement. Departments responsible for landscaping maintenance, renovation, or construction shall:
(2) Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in Section 2.B and 2.R of this Policy, for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
(3) When the City uses Compost and SB 1383 Eligible Mulch and the applications are subject to the City’s Water Efficient Landscaping Ordinance (WELO), pursuant to City Code Section 17.34, comply with the City’s WELO, City Code Section 17.34. (4) For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications. The mulch must also be produced at a permitted composting facility, transfer station, or landfill. The procured mulch cannot be from a chipping and grinding operation, as specified in 12 CCR Section 18993.1 (f)(4).
(5) Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to Zero Waste Sonoma, annually no later than June 30. Records shall include general procurement records, including:
(a) General description of how and where the product was used and applied, if applicable;
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(b) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
(c) Type of product;
(d) Quantity of each product; and,
(e) Invoice or other record demonstrating purchase or procurement. (6) For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to Zero Waste Sonoma annually no later than June 30. (7) When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.
d) Renewable Gas Procurement
Gas used for fuel for transportation, electricity, or heating applications). For Renewable Gas procurement, City shall:
i) Procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the City and to help meet the Annual Recovered Organic Waste Product Procurement Target.
ii) Keep records in the same manner for Renewable Gas procured and used by the City, including the general procurement record information specified in Section 3.2.A.3.a, and submit records to Zero Waste Sonoma on a quarterly schedule. The quarterly schedule shall be as follows: Renewable Gas records are to be provided to Zero Waste Sonoma annually no later than June 30. The city shall additionally obtain the documentation and submit records specified.
e) Electricity Directly Procured from Biomass Conversion.

This section applies to Electricity Procured directly from a Supplier that uses Biomass Conversion. In this case, the City shall:
i) Procure electricity from a biomass conversion facility that receives feedstock from a composting facility, biosolids, transfer/processing facility, a solid waste landfill, and/or 72 of 138
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receives feedstock from the generator or employees on behalf of the generator of the Organic Waste and to the degree that it is available and practicable for the Jurisdiction and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with specified.
ii) Maintain records and conduct the following recordkeeping activities:
(1) Keep records in the same manner indicated in this Policy for the amount of Electricity Procured from Biomass Conversion facilities, including the general procurement record information specified.
(2) Receive written notification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility.
(3) Provide these records to Zero Waste Sonoma annually no later than June 30. The City is not required to provide records from public utility provided electricity, such as PG&E or Sonoma Clean Power.
f) Requirements for Direct Service Providers
i) Direct Service Providers of landscaping maintenance, renovation, and construction shall:
(1) Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, as defined in Section 2.B and 2.R of this Policy, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
(2) If the Direct Service Provider is subject to the City’s WELO pursuant to City Code Section 17.34, the Direct Service Provider must comply with this section. (3) For all mulch that is land applied, procure SB 1383 Eligible Mulch that meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land applications specified.
(4) Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Recordkeeping Designee, upon completion of projects. Information to be provided shall include general description of how and where the product was used and if applicable, applied; source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were 73 of 138
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procured, type of product, quantity of each product; and invoice or other record demonstrating purchase or procurement.
ii) Direct Service Provider of Organic Waste collection services shall:
(1) Keep and provide records to the City including the following dates provided, source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were procured, type of product, quantity provided; and invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location.
iii) Renewable Gas procurement by Direct Service Providers (1) Direct Service Providers transporting solid waste, organic materials, and/or recyclable materials shall procure a portion of their fuel as Renewable Gas if required to do so in Franchise Agreements, RFPs, or RFQs released by the City for such services or as required by permit, license, written agreement, or written contract with the City.
(2) Departments releasing RFPs and RFQs for contractors that procure fuel in the course of their services to the City shall include a price preference to contractors that propose to use the amount or percentage of Renewable Gas specified in the RFP or RFQ to be eligible for said price preference. Such use, if it occurs, shall be documented in a written contract or agreement. Guidance: City shall specify the percentage of the price preference or may remove the percentage leaving sentence to read “…shall include a price preference to contractors….” (3) If Renewable Gas made from recovered Organic Waste is used by Direct Service Providers, Direct Service Providers shall submit information on a schedule to be determined by City, but not less than annually to Zero Waste Sonoma. (4) Renewable Gas used by Direct Service Providers shall comply with criteria specified.
g) Energy Efficient and Water Saving Products
i) Purchase energy-efficient equipment with the most up-to-date energy efficiency functions. This includes, but is not limited to, high efficiency space heating systems and high efficiency space cooling equipment.
ii) Replace inefficient interior lighting with energy-efficient equipment. iii) Replace inefficient exterior lighting, street lighting and traffic signal lights with energyefficient equipment. Minimize exterior lighting where possible to avoid unnecessary lighting of architectural and landscape features while providing adequate illumination for safety and accessibility.
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iv) Purchase U.S. EPA Energy Star certified products when available. When Energy Star labels are not available, choose energy-efficient products that are in the upper 25% of energy efficiency as designated by the Federal Energy Management Program. v) Purchase U.S. EPA WaterSense labeled water-saving products when available. This includes, but is not limited to, high-performance fixtures like toilets, low-flow faucets and aerators, and upgraded irrigation systems.
h) Green Building Products and Practices for City Facilities i) Consider Green Building practices for design, construction, and operation as described in the CalGreen, LEED, local requirements and other current Green Building best practices for all City building and renovations undertaken. ii) In accordance with California Public Contract Code, Sec. 10409, purchase re-refined lubricating and industrial oil for use in its vehicles and other equipment, as long as it is certified by the American Petroleum Institute (API) as appropriate for use in such equipment. This section does not preclude the purchase of virgin-oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil.
iii) When specifying asphalt, concrete, aggregate base or portland cement concrete for construction projects, use recycled, reusable or reground materials to the greatest degree possible.
iv) Specify and purchase recycled content traffic control products, including signs, cones, parking stops, delineators, channelizers and barricades. i) Landscaping Products and Practices on City Facilities i) Employ Russian River Friendly Landscaping or sustainable landscape management techniques for all landscape renovations, construction and maintenance, including workers and contractors providing landscaping services, including, but not limited to, integrated pest management, grass cycling, drip irrigation, computerized central irrigation linked with the local weather station, composting, and procurement and use of mulch and compost that give preference to those produced from regionally generated plant debris and/or food scrap programs.
ii) Select plants to minimize waste by choosing species for purchase that are appropriate to the microclimate, species that can grow to their natural size in the space allotted to them, and perennials rather than annuals for color. Native and drought-tolerant plants that require no or minimal watering once established are preferred. iii) Hardscapes and landscape structures constructed of recycled content materials are encouraged. Limit of impervious surfaces in the landscape. Permeable substitutes, such as permeable asphalt or pavers, are encouraged for walkways, patios, and driveways. 75 of 138
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j) Household Hazardous Waste & Pollution Prevention
i) Products and Practices at City Facilities
(1) Manage pest problems through prevention and physical, mechanical, and biological controls when contractors maintain buildings and landscapes. Either adopt and implement an Organic Pest Management (OPM) policy and practices or adopt and implement an Integrated Pest Management (IPM) policy and practices using the least toxic pest control as a last resort. Anticoagulant rodenticides shall never be used.
(2) Use products with the lowest amount of volatile organic compounds (VOCs), highest recycled or reused content, low or no formaldehyde and no halogenated organic flame retardants when purchasing building maintenance materials such as paint, carpeting, adhesives, furniture and casework.
(3) Purchase or require janitorial contractors to supply industrial and institutional cleaning products that meet Green Seal, EPA Safer Choice, or UL/EcoLogo certification standards for environmental preferability and performance. (4) Purchase, or require janitorial contractors to supply, vacuum cleaners that meet the requirements of the Carpet and Rug Institute Green Label/Seal of Approval Program for soil removal, dust containment and carpet fiber retention for indoor air quality protection and performance cleaning standards. Other janitorial cleaning equipment should be capable of capturing fine particulates, removing sufficient moisture so as to dry within 24 hours, operate with a sound level less than 70dBA, and use highefficiency, low-emissions engines. (5) Purchase paper, paper products, and janitorial paper products that are unbleached or are processed without chlorine or chlorine derivatives. (6) Prohibit the purchase of products that use polyvinyl chloride (PVC) such as, but not limited to, furniture and flooring.
(7) Prohibit the purchase of food service ware containing per- and polyfluoroalkyl substances (PFAS).
(8) Purchase products and equipment with no lead or mercury whenever possible. For products that contain lead or mercury, preference should be given to those products with lower quantities of these metals and to vendors with established lead and mercury recovery programs. In addition, whenever lead- or mercury-containing products require disposal, products will be disposed of in the most environmentally safe manner possible. All fluorescent lamps and batteries will be recycled. (9) Purchase or specify personal computers, displays, imaging equipment and televisions that meet, at a minimum, all Electronic Product Environmental Assessment Tool (EPEAT) environmental criteria designated as “required” as contained in the IEEE 1680 family of Environmental Assessment Standards. 76 of 138
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(10) Purchase or specify office furniture that meets the California Bureau of Household Goods and Services (BHGS) standard Technical Bulletin 117-2013 for testing upholstered furniture flammability without the use of flame-retardant chemicals. (11) Purchase or specify commercial carpeting that meets NSF/ANSI 140 Standard for Sustainable Carpet Assessment and require old carpet that is removed be recycled. (12) Purchase or specify non-carpet floor coverings that meet NSF/ANSI 332 Standard for Resilient Flooring including vinyl, linoleum, and rubber flooring. (13) In conjunction with California State agency requirements, at least 50 percent of the quantity of paint used for architectural projects should contain reused or recycled paint with a recycled content consisting of at least 50 percent post-consumer paint.

Reused paint can be acquired from the Sonoma HHW Facility by either visiting the reuse lockers or by pre-arranging remixed paint in 5-gallon containers in off-white, tan, light grey, or light green.
(14) When replacing vehicles, consider less-polluting alternatives to diesel such as compressed natural gas, bio-based fuels, hybrids, electric batteries, and fuel cells, as available.
k) Fiber-only Products at City Facilities
i) Use paper, paper products and construction products made from non-wood, plant-based contents such as agricultural crops and residues.
ii) Priority should be given to reusable food service ware, however, if single-use food service ware is purchased, it is to be fiber only and BPI certified. iii) Ask vendors to provide proof of compliance with ASTM standards for compostable, biodegradable, and degradable plastic products upon request. One acceptable proof of compliance for compostable plastic products will be certification by the Biodegradable Products Institute (BPI).
l) Forest Conservation Products at City Facilities
i) To the greatest extent practicable, do not procure wood products such as lumber and paper that originate from forests harvested in an environmentally unsustainable manner.

When possible, give preference to wood products that are certified to be sustainably harvested by a comprehensive, performance-based certification system. The certification system shall include independent third-party audits, with standards equivalent to, or stricter than, those of the Forest Stewardship Council certification. ii) Encourage the purchase or use of previously used or salvaged wood and wood products whenever practicable.
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5) Recordkeeping Responsibilities
The City Manager’s department will be the responsible department and will select an employee to function as the Recordkeeping Designee that will be responsible for organizing records pertaining to Procurement of Recovered Organic Waste Products and Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper. The Recordkeeping Designee shall communicate frequently with Zero Waste Sonoma to transfer all the required documentation for reporting to CalRecycle.

The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:
a) Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of the City’s documentation.
b) Collect and collate invoices or receipts or documentation evidencing procurement from all departments procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the City to develop evidence of City meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the City’s documentation. c) Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee.
d) Compile an annual report on the City’s direct procurement, and vendor/other procurement on behalf of the City, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement. This report shall be made available to Zero Waste Sonoma annually by June 30 for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements). 78 of 138
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6) Responsibilities
Nothing contained in this policy shall be construed as requiring a department, purchaser or contractor to procure products that do not perform adequately for their intended use, exclude adequate competition, risk the health or safety of workers and citizens, or are not available at a reasonable price in a reasonable period of time.

Nothing contained in this policy shall be construed as requiring the City, department, purchaser, or contractor to take any action that conflicts with local, state, or federal requirements.

The City has made significant investments in developing a successful recycling system and recognizes that recycled content products are essential to the continuing viability of that recycling system and for the foundation of an environmentally sound production system. Therefore, to the greatest extent practicable, recycled content shall be included in products that also meet other specifications, such as chlorine free or biobased.
7) Implementation
The City Manager or designees shall implement this policy in coordination with other appropriate personnel.
8) Program Evaluation
The City Manager shall periodically evaluate the success of this policy’s implementation. 9) Exceptions
Every effort will be made to adhere to the Environmentally Preferable Purchasing Policy to the extent possible, recognizing that certain procurement decisions such as for cleaning products, janitorial equipment, and electronics may be outside of the City’s authority. 10) Effective Dates
This policy shall be reviewed with the City Financial Policies on a regular basis by the City Manager or designee shall update as necessary through approval by the City Council to ensure its effectiveness in identifying and addressing Environmentally Preferable Purchasing. 79 of 138
Cotati City Council
Agenda Staff Report
Item type: PUBLIC HEARINGS (ACTION)
To: City Council
Subject: INTRODUCTION OF NOISE ORDINANCE AMENDMENTS TO

RESTRICT THE USE OF GAS-POWERED LEAF BLOWERS

DURING CERTAIN HOURS
Date: June 11, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council introduce an ordinance amending the noise ordinance to restrict the use of gas-powered leaf blowers during certain hours and clarify the standards for determining violations.

Background
During the current fiscal year, City Councl directed staff to add an update of the noise ordinance to a future agenda item, specifically to discuss noise generated by leaf blowers. This was reflected in the FY 24-25 Strategic Planning work plan and indicated as complete by the end of FY 23-24.

On May 14, 2024, the City Council reviewed potential amendments to the municipal code to restrict the use of leaf blowers. Specifically, the City Council affirmed the proposed hours of use restriction and limiting it to gas powered leaf blowers only.

Analysis/Discussion
Currently, the City’s noise ordinance does not specifically prohibit leaf blowers, but generally prohibits loud and unusual noises, based on noise standards in Chapter 17.30.050 Noise Standards, in the City’s municipal code. The significance criteria are ultimately supported by the noise analyses completed with the General Plan.

Leaf blowers are transitory, and like any transitory noise, they would be difficult to regulate. 80 of 138
Presumably, most nuisance noise issues would come up outside of normal working hours, which adds an additional complication for regulation. Therefore, staff reviewed other ordinances that regulate leaf blowers (Santa Rosa and City of Sonoma, specifically). City staff also spoke with staff in the City of Sonoma to understand how they are regulated. Sonoma is also a smaller community and now has the benefit of hindsight after implementing a very contentious leaf blower ordinance. Of particular concern was the potential issues that could arise if police were required to ticket and potentially fine landscapers, as they are generally the only staff available outside normal business hours.

In discussions with City of Sonoma staff, the recommended approach to implement a leaf blower restriction is to initially reach out to landscape contractors that work in the area (in addition to the City’s own landscape contractor) and inform them of the change to put them on notice. For enforcement, the recommended practice is to rely on residents to report violations. For transitory or after-hours violations, it’s common practice for residents to document the issue and provide that the City for follow-up. In this case, the recommended process would be the same, with code enforcement following up with a warning letter followed by potential enforcement letters if violations do not cease. The resident would provide photos and times of the equipment in use, the address where the use is occurring, and photos of the door decals, etc. to identify the landscape contracting company. Both the landscape company and the owner of the address where the violation occurred would receive the city letters, and they would ultimately both be mutually liable for any fines and penalties if the parties were unresponsive and continued to violate the ordinance. In practice, City of Sonoma staff reported that the initial warning letter almost always resolves the issue.

Attached to the ordinance as Exhibit A is the City’s current noise ordinance section, with redlinestrike out text indicating proposed additions. Primarily, this is to update the references to the latest General Plan as well as adding more robust standards for determining violations, expanding the emergency exemptions, adding definitions and specifically prohibiting gas powered leaf blowers in residential zones between the hours of 8 pm – 8 am during weekdays and 8 pm – 9 am on weekends. This is modeled after the Santa Rosa restriction, which sets hour limitations rather than trying to measure the noise of a transitory and moving source, which would not be feasible.

On January 1, 2024, California Assembly Bill 1346 also took effect, which prohibited the sale of gas-powered leaf blowers, lawn mowers and other small off-road engines in California. This prohibition only applies to new purchases; homeowners and businesses can continue to use their gas-powered equipment until the end of the equipment's life.

Financial Considerations
The proposed ordinance amendments would result in some additional code enforcement and Community Development time to send warning letters. If any issues escalated to the point of an administrative hearing, it could result in significant costs and staff time.

Environmental Issues
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Amending the noise ordinance has no significant effect on the environment. Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.
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ORDINANCE NO.

INTRODUCTION OF AMENDMENTS TO THE CITY’S NOISE ORDINANCE AND

ASSOCIATED DEFINITIONS TO RESTRICT THE USE OF GAS-POWERED LEAF

BLOWERS IN THE CITY DURING CERTAIN HOURS
WHEREAS, during the current fiscal year, City Councl directed staff to add an update of the noise ordinance to a future agenda item, specifically to discuss noise generated by leaf blowers.

WHEREAS, this project was reflected in the FY 24-25 Strategic Planning work plan and indicated as complete by the end of FY 23-24; and
WHEREAS, on May 14, 2024, the City Council reviewed potential amendments to the municipal code to restrict the use of leaf blowers and affirmed the proposed hours of use restriction and limiting it to gas powered leaf blowers only; and WHEREAS, staff researched noise ordinances in Santa Rosa and the City of Sonoma, including speaking with their code enforcement staff, to determine the best way to craft and enforce limitations on leaf blowers; and
WHEREAS, staff has also included general cleanup language in the proposed ordinance, including references to the General Plan and clarifying the standards for violations generally; and WHEREAS, this ordinance to amend Chapters 17.30.050 (Noise Standards) and

17.90.020 (Definitions of specialized terms and phrases) was introduced at a duly noticed public hearing on June 11, 2024; and
WHEREAS, amending the noise ordinance has no significant effect on the environment.

Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review.

This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.

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

SECTION 1: Recitals.

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

SECTION 2: Amendment to the Cotati Municipal Code.

Section 17.30.050 (Noise Standards) is hereby amended as indicated by redline-strikeout text in Exhibit A, attached.
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SECTION 3: Amendment to the Cotati Municipal Code.

Section 17.90.020 (Definitions of specialized terms and phrases) is hereby amended as follows:

Add the following definition to section A. Definitions, “A.” “Ambient Noise” - The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. Ambient noise level is the level obtained when the noise level is averaged over a period of 15 minutes without inclusion of noise from isolated, identifiable sources, at the location and time of day near that at which a comparison is to be made.

Add the following definition to section D. Definitions, “D.” “Decibel” - A unit used to measure the intensity of a sound or the power level of an electrical signal by comparing it with a given level on a logarithmic scale. In zoning use a degree of loudness.

Add the following definition to section F. Definitions, “F.” “Frequency” - Is the measurement of the number of times that a repeated event occurs per unit of time. The frequency of wave-like patterns including sound, electromagnetic waves (such as radio or light), electrical signals, or other waves, expresses the number of cycles of the repetitive waveform per second.

SECTION 4: Compliance with the California Environmental Quality Act.

Amending the Noise Ordinance has no significant effect on the environment. Where it can be determined with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. This general rule can be applied to activities which could be subject to the CEQA process, but which logic dictates should not be subject to CEQA review. Therefore, based on the information provided above, the proposed resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines in that there is no possibility that the activity may have a significant impact on the environment.

SECTION 5: Construction and Severability.

It is the intent of the City Council of the City of Cotati to supplement applicable state and federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intent. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council of the City of Cotati hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective 84 of 138
of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 6: Effective Date.

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

SECTION 7: Publication.

The City Clerk shall cause this ordinance to be published and/or posted as required in Section 36933 of the California Government Code.

IT IS HEREBY CERTIFIED that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Cotati held on June 11, 2024, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly adopted at a regular meeting of the City Council of the City of Cotati held on June 25, 2024, by the following vote, to wit:

RESULT:

MOVER:

SECONDER:

AYES:

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

NOISE ORDINANCE AMENDMENTS

17.30.050 Noise standards.

A. Purpose. This section implements the policies of the noise element of the general plan, and provides standards for noise mitigation that are intended to protect the community health, safety, and general welfare by limiting exposure to the unhealthful effects of noise.

B. Applicability. No use, activity, or process shall exceed the maximum allowable noise levels established by this section, except for the following noise sources:

1. Emergencies. Public safety warning devices (e.g., ambulance, fire, and police sirens), sound for alerting persons to the existence of an emergency, or the performance of authorized emergency work including but not limited to restore property to a safe condition following a public calamity or work and equipment required to protect persons or property from an imminent exposure to danger or work and equipment by private or public utilities when restoring utility service;

2. State or Federal Preempted Activities. Any activity regulated by state or federal law;

3. Public Health and Safety Activities. Construction, maintenance, and/or repair operations by public agencies and/or utility companies or their contractors that are serving public interests, and/or protecting the public health, safety, and general welfare;

4. Parks. Public agency sanctioned recreational activities and programs conducted in public parks; and

5. Solid Waste Collection. The authorized collection of solid waste.

C. Noise Source Standards.

1. Noise Level Limitations. No use, activity, or process within the city shall generate noise in excess of the levels identified by Tables 3-3 and 3-4, as the noise is measured at the property line of a noise sensitive land use identified in Tables 3-3 and 3-4. a. If the measured ambient noise level exceeds the applicable noise level standard in any category shown in Table 3-3, the applicable standards shall be adjusted to equal the ambient noise level.
b. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped to allow measurement of the ambient noise level, the noise level measured while the source is in operation shall be compared directly to the applicable noise level standards identified in Table 3-3.

Notwithstanding the above requirements, no person shall allow or cause the generation of any noise of a type, volume, pitch, tone, repetition, or duration that would be found to be a nuisance by a reasonable person beyond the boundaries of the property where the noise is generated. 87 of 138

EXHIBIT A

NOISE ORDINANCE AMENDMENTS
Table 3-3
Maximum Allowable Noise Level by Receiving Land Use
Outdoor Activity
Areas(1)(2)
Interior Spaces Noise Sensitive Land Use
dBA Ldn dBA Ldn dBA Leq
Residential 65 45 N.A.

Transient lodging 65 45 N.A.

Hospitals, extended care 65 45 N.A.

Theater, auditorium (3) 45 35
Meeting facility, public or private 65 45 40
Offices 75 45 45
School, library, museum 65 45 45
Playground park 70 N.A. N.A.

Notes:
(1) Where the location of outdoor activity areas is unknown, the exterior noise level standard shall be applied to the property line of the receiving land use.
(2) Where it is not possible to reduce noise in outdoor activity areas to 65 dB Ldn/CNEL or less using a practical application of the best-available noise reduction measures, an exterior noise level of up to 70 dB Ldn/CNEL may be allowed provided that available exterior noise level reduction measures have been implemented and interior noise levels are in compliance with this table.
(3) Subject to an acoustical analysis in compliance with subsection (C)(2) of this section.

Table 3-4
Noise Standards for Short-Duration Events Near Residential Areas Maximum Allowable Sound Level(1)
Sound Level Day/Evening dB
(7 a.m. to 10 p.m.)
Night dB
(10 p.m. to 7 a.m.)
Hourly Leq dB 50 45
Maximum Level, dB 70 65
Maximum Level, dB, for Impulsive Noise 65 60
Notes:
(1) If the offensive noise contains a steady, audible tone (e.g., a screech or hum), is a repetitive noise (e.g., hammering), or contains speech or music, the maximum allowable sound level shall be reduced by 5 dB. 88 of 138

EXHIBIT A

NOISE ORDINANCE AMENDMENTS

2. Acoustical Analysis Required. Where the director determines that a proposed project may generate noise in excess of any limit established by Table 3-3, and/or where the use may generate noise in outdoor areas in excess of 60 dBA, the land use permit application for the use shall include an acoustical analysis by a qualified professional approved by the director. a. Contents. The analysis shall determine the potential for stationary source noise impacts to neighboring land uses, include field measurements to determine more precise locations for existing and projected future noise levels (based on traffic projections in the circulation element of the general plan or as otherwise accepted by the city), and recommend appropriate mitigation measures.
b. Preferred Mitigation Measures for Receptor Sites. When development is subject to high noise levels requiring mitigation, the following measures shall be considered and preference shall be given where feasible in the following order:
i. Site layout, including setbacks, open space separation and shielding of noisesensitive uses with non-noise-sensitive uses; ii. Acoustical treatment of buildings; or
iii. Structural measures such as constructed of earth berms and/or wood or concrete barriers; provided that no sound wall shall be located adjacent to a public street.

3. Limitation on Hours of Construction. In order to allow construction schedules to take advantage of the weather and normal daylight hours, and to ensure that nearby residents as well as nonresidential activities are not disturbed by the early morning or late night activities, the city has established the following limits on construction, in compliance with Table 3-5 or as required by conditions of approval.

Table 3-5
Allowable Hours of Construction
Day Allowable Hours
Monday through Friday 7:00 a.m. to 7:00 p.m.

Saturday and Sunday,
Holidays
Construction activities may only be allowed by the review authority through conditions of approval between 9:00 a.m. and 5:00 p.m.

4. Limitation on Truck Deliveries. Truck deliveries to a commercial or industrial parcel adjacent to a residential zoning district shall be limited to the hours between seven a.m. and seven p.m., unless the director authorizes other delivery times based on the determination that there is either no feasible alternative, or there are overriding transportation and traffic management benefits to scheduling deliveries at night.

D. Noise Receptor Standards. Where noise-sensitive land uses are proposed in areas exposed to existing or projected noise levels in excess of the standards in Tables 3-3 and 3-4, the city shall require an acoustical analysis as part of the environmental review process so that noise mitigation may be included in the project design, so that proposed structures are designed to limit intruding 89 of 138

EXHIBIT A

NOISE ORDINANCE AMENDMENTS
noise in interior rooms to 45 dBA Ldn. At the discretion of the director, the requirement for an acoustical analysis may be waived if all of the following conditions are satisfied:

1. The development is for less than five ten (10) single-family dwellings or less than ten thousand square feet of total gross floor area for office buildings, churches, or meeting halls;

2. The noise source in question consists of a single roadway or railroad for which up-to-date noise exposure information is available. An acoustical analysis will be required if the noise source is a stationary noise source, or if there are multiple noise sources that could affect the project;

3. The projected future noise exposure at the exterior of proposed buildings or outdoor activity areas does not exceed 65 dBA Ldn;

4. The topography of the area is essentially flat; and

5. Effective noise mitigation, as determined by the director, is incorporated into the project design. The measures can include, but are not limited to, the use of building setbacks, building orientation, or noise barriers. If closed windows are required for compliance with interior noise level standards, air conditioning or a mechanical ventilation system will be required.

E. Noise Measurement. Exterior noise levels shall be measured at the property line of the noisesensitive land use receiving the noise, or alternatively at the property line of the source emitting the noise. Noise measurement shall be made with a sound level meter using the “A” weighted scale at slow meter response. Fast meter response shall be used only for an impulsive noise. (Ord. 766 § 2 Exh. A (part), 2004).

F. Standards for determining violations.

Notwithstanding any other provision of this chapter, and in addition thereto, it is unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include the significance criteria identified in Policy N 1.7 of the General Plan, the Land Use Compatibility Exterior Noise Exposure (Ldn) information in General Plan Table N-1, the Noise Level and Standards identified in Zoning Code Tables 3-3 and 3-4 as well as, but not limited to the criteria listed below:
(A) The level of noise;
(B) The intensity of the noise;
(C) Whether the nature of the noise is usual or unusual (D) Whether the origin of the noise is stationary and non-transportation or transportation noise; 90 of 138

EXHIBIT A

NOISE ORDINANCE AMENDMENTS
(E) The level and intensity of the background noise, if any; (F) The proximity of the noise to residential sleeping facilities; (G) The nature and zoning of the area within which the noise emanates; (H) The density of the inhabitation of the area within which the noise emanates; (I) The time of the day or night the noise occurs;
(J) The duration of the noise;
(K) Whether the noise is recurrent, intermittent or constant; (L) Whether the noise is produced by a commercial or noncommercial activity.

G. Special Noise Sources

1. Leaf Blowers
Offense. It is unlawful for any person to operate any gas-powered leaf blowers in a residential zone between the hours of eight p.m. and eight a.m. on weekdays or between the hours of eight p.m. and nine a.m. on Saturdays and Sundays.

H. Violation
Any violation of this chapter may be enforced either as an infraction or as a misdemeanor, or by any remedy available to the city under this code, or under state law. 91 of 138
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Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: COTATI CHAMBER OF COMMERCE LICENSE

AGREEMENT
Date: June 11, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council, by motion, authorize the City Manager to execute the attached license agreement with the Cotati Chamber of Commerce and approve the FY 24-25 annual plan for chamber activities.

Background
Each year, the Cotati Chamber of Commerce (Chamber) works on joint initiatives with the City, primarily consisting of business outreach and assistance. The Chamber also serves as the City’s visitor center, tables at the Farmers Market and Shop n Stroll and holds annual public events in La Plaza Park, including Music Fest and the Octoberfest. Prior to COVID-19, the Chamber also worked with the City on the ”Explore Cotati” magazine, which included recreation information, Chamber information and items of general community interest.

The Chamber offices are at 216 East School Street in the Ray Miller Community Center and there currently is no license agreement describing the terms of tenancy. In prior years, the Chamber received an annual $15,000 grant to assist the City with business outreach and development.

Analysis/Discussion
The proposed 10 year license agreement would formalize the terms of tenancy and is a best practice. In accordance with the proposed license agreement, the Chamber must also submit an annual plan, which is intended to detail the work planned for the year and the corresponding funding request to accomplish the work. The work proposed for FY 24-25include the following items, as further detailed in the attached Annual Plan:
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• Visitor Center Operations. The Chamber will host the visitor center on set days and hours.
• Business Directory Maintenance. The Chamber will keep the business listings in the downtown kiosks and related materials current on a semi-annual basis, including working with a vendor to fabricate the updated signage. In this initial year, the City would be responsible for the costs of the signage fabrication and installation. • ”Explore Cotati” Magazine. The Chamber would lead the development and publication of this magazine twice per year to publish recreation guides, Chamber information, and community interest items. The Chamber leads ad sales, which typically covers the cost of publication, with the City and Chamber splitting the cost of mailing. • Event Partnership and Promotion. The Chamber would continue to organize and host the Cotati Music Festival and Oktoberfest and promote other City events through their media channels.
• Business Liaison/Meetings. The Chamber would continue to promote the City to prospective businesses and to act as a liaison between the City and businesses, provide business assistance and visit a local business every two months with City staff and staff of the Economic Development Board.

Additionally, the Chamber will provide the City with a Chamber Board roster, a list of current Chamber members, an annual schedule of events and programs, and a monthly summary of business interactions, requests/issues and outcomes.

Financial Considerations
The proposed Annual Plan includes a request for $15,000 to carry out the scope of work.

Additionally, the license grants waivers of the park fees for the Octoberfest and Music Festival, not including cleaning fees or deposits. The City would also grant the Chamber a limited number of rentals in the community center at no cost, except for cleaning fees.

The City Council has provided grant funding to the Chamber in the amount of $15,000 for many years and also granted park fee waivers to the Chamber for their events in La Plaza Park. The Chamber license fee is $1 per year to operate at the Community Center, which is typical of other licenses that provide public services on behalf of or in partnership with the City. Currently, the Chamber does not pay for use of the space in the community center. The proposed license agreement would not change that.

The only new request is rent waivers for up to 4 rentals of the Cotati Room or Community Center rooms, which results in reduced revenue of approximately $400 annually in accordance with the recently adopted fee schedule. If approved by the City Council, the costs and reduced revenue associated with this license agreement will be included in the FY 24/25 budget.

REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF COTATI AND THE

COTATI CHAMBER OF COMMERCE CONCERNING THE COTATI CHAMBER OF COMMERCE OFFICES IN THE RAY MILLER COMMUNITY CENTER, 216 EAST SCHOOL

STREET, COTATI, CALIFORNIA
THIS AGREEMENT, made and entered into this___day of________, 2024, by and between the CITY OF COTATI, a California municipal corporation, ("City"), and the Cotati Chamber of Commerce, a California nonprofit 501(c)(3) corporation organized in accordance with the laws of the State of California ("CCC"), who agree as follows:

RECITALS
WHEREAS, the City owns, operates and maintains the Ray Miller Community Center, located at 216 East School Street; and
WHEREAS, the CCC currently utilizes a portion of Ray Miller Community Center as a designated visitor center and as the offices for the Cotati Chamber of Commerce; and WHEREAS, the CCC is a liaison for businesses in Cotati, promoting the City and keeping members informed about City activities, facilitating business contacts with City staff, and assisting with questions or resources for starting businesses in Cotati; and WHEREAS, the CCC acts as a primary point of contact to partner with the City and Sonoma County on business outreach and visitations; and
WHEREAS, the CCC acts as a liaison for businesses on questions about new city ordinances, state or federal law.

WHEREAS, the CCC acts as the designated public information center for the City; and WHEREAS, the CCC holds the annual Cotati Music Festival and Oktoberfest at La Plaza Park; and
WHEREAS, the mission of CCC benefits the City of Cotati businesses and the public generally by facilitating business development within the City.

NOW, THEREFORE, City and CCC agree as follows:

1. License. City hereby licenses to CCC, on the terms and conditions hereinafter set forth, the Cotati Chamber of Commerce Offices in the premises of the Ray Miller Community Center at 216 East School Street ("Premises"). The Premises are more fully described in Exhibit A which is attached to and made a part of this License Agreement. The right to use the Premises granted pursuant to this License Agreement consists only of the permitted uses specified in provision 3, below. The rights granted pursuant to this License Agreement expressly exclude and the City reserves the right to maintain and control the Premises without limitation. The City reserves all other rights in the Premises that do not conflict with the permitted uses specified in provision 3, below, or any other rights of the CCC pursuant to this License Agreement or applicable law.
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License Agreement
2 2. Term. The initial term of this License Agreement shall consist of a ten (10) year term commencing on July 1, 2024 and concluding on July 1, 2034, unless terminated earlier in accordance with this License Agreement.

3. Use of Premises. It is understood and agreed that CCC may utilize the Premises for:
(i) Use as the visitor center;
(ii) Use as the administrative offices of the Cotati Chamber of Commerce, including associated CCC Board meetings; and,
(iii) Signage as approved by the City Manager.

The City Manager shall approve the hours of operation for CCC use of the Premises. The City Manager shall review and approve all programs sponsored by CCC on the Premises. CCC shall not use or permit others to use the Premise for any other purpose without the prior written consent of the City Council. CCC shall have exclusive use of that portion of the Premises identified as "Administrative Space" as shown on Exhibit A.

Additionally, the City grants CCC use of the Cotati Room three (3) times per year for public meetings to support business networking or education, as well as La Plaza Park two (2) times per year for free public events that promote economic development of Cotati. The City shall waive the rental cost for these facilities up to the number of times specified for each, on mutually agreeable dates. Cleaning and security deposits are required.

4. Prohibited Use of Premises.
(a) CCC shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein, which will in any way increase the existing rate of or affect any insurance coverages on the Premises or any of its contents, or cause cancellation of any insurance policy covering said premises or any part thereof or any of its contents. Nor may CCC cause a cancellation of any insurance policy covering the Premises or any part thereof, or permit to be kept or used in or about the Premises any article, which may be prohibited by standard form fire insurance policies or by any Cotati City Codes or any other applicable laws. CCC shall not use or allow the Premises to be used for any improper, unlawful, or objectionable purpose, nor shall CCC cause, maintain or permit any nuisance in, on or about the Premises. CCC shall not commit or suffer to be committed any waste in or upon the Premises.
(b) No goods, merchandise, or material shall be kept, stored, generated, produced, disposed or transported to or from, used or sold in or on the Premises which constitute “hazardous materials” and no offensive or dangerous trade, business, or occupation shall be carried on therein or thereon. No machinery or apparatus shall be used or operated on the Premises which will in any way injure said Premises, or improvements thereon, or adjacent or other Premises, or improvements thereon.

For purposes of this lease, “hazardous materials” are defined as, but shall not be limited to: flammable explosives, asbestos, radioactive materials, hazardous waste, toxic substances or related injurious materials, whether injurious by themselves or in combination with other materials, substances defined as “hazardous substances,” “hazardous materials,” or “toxic substances,” in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; and those substances defined as “hazardous waste” in Section 25316 of the California Health and Safety Code; and in the regulations adopted and publications promulgated pursuant to said laws. CCC acknowledges that CCC is not looking to or relying upon City to disclose any matters which City might be required to disclose under California Health & Safety Code Section 25359.7 and that all such matters have been investigated by CCC to CCC’s satisfaction.
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3 5. Annual Plan.

Each year, CCC shall provide a plan to the City which sets forth the plan of public events, programs and services for the next twelve months (the “Annual Plan”). The Annual Plan must include, but is not limited to, all of the following:
(a) A roster with contact information for CCC Board Members, the Board of Directors meeting schedule, Executive Director, President and designated City point of contact at the CCC. (b) A current list of CCC members.
(c) An annual schedule of CCC events and programs, as well as public events. (d) An annual schedule of joint events and programs with another Chamber of Commerce or the Sonoma County Economic Development Board, Sonoma County Tourism, or similar. (e) Requests for any City facility or park use.

Additionally, the City may request additional joint programs for inclusion in the Annual Plan. These may include, but are not limited to, the following:
(a) Regular maintenance of business listings on downtown signage and associated digital guides. (b) Acting as lead in publishing a joint Community Guide on a mutually agreed upon frequency. (c) Accompany City and other agencies on business visitation and business assistance visitation as well as other business support activities.
(d) Acting as lead in organizing and managing certain community art projects.

The Annual Plan shall be updated annually in consultation with the City and submitted to the City no later than the last day of February. If no Annual Plan exists, it must be provided to the City for approval within 60 days of execution of this agreement. The CCC shall meet with the City at least monthly, unless another frequency is mutually agreed upon.

6. Condition of Premises.
(a) Inspection by CCC. CCC represents that CCC has inspected and examined the Premises for purposes of this License Agreement.
(b) CCC Maintenance and Cleaning. CCC shall, at its own expense and cost, keep and maintain the Premises in a clean and sanitary condition and free from any hazardous or dangerous conditions caused by CCC. CCC will be responsible for:
(i) Maintaining the Premises interior, including, but not limited to, window coverings, furnishings, floors, and carpets.
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License Agreement
4 (ii) Routine repair of Premises for which the City is not responsible for under provision 7, below, or other provisions of this License Agreement. Routine repairs must be performed using licensed contractors, subject to City approval or applicable building permits. (iii) Regular janitorial service sufficient to maintain the Premises in a clean and sanitary condition.
(iv) Supplies required to operate the Premises, including, but not limited to, janitorial supplies, including paper supplies and light bulbs. (v) Furnishings as required for CCC programs.
(vi) Maintaining all computers and computer support equipment used by CCC.

Prior approval of the City is required for alterations or additions to the Premises electrical system to support CCC's computer systems or other CCC equipment.
(vii) Installing and maintaining the CCC building telephone system. (viii) Painting of the interior spaces in the Premises. (ix) Recycling, litter, garbage, and debris removal.

7. City Maintenance and Repair. The City will be responsible for maintaining the following and for consulting with CCC on building mechanical systems and maintenance as requested:
(i) CCC Premises building exterior and supporting systems (HVAC, plumbing, electrical, lighting, roof, etc.)
(ii) CCC Premises exterior painting
(iii) CCC Premises installation and maintenance of Premises fire extinguishers (iv) Subject to City budget constraints and the availability of funds, the City will endeavor to maintain the Premises in a condition that is comparable to the condition of the Premises upon execution of this License Agreement. The City will keep the roof and structural part of the walls of the Premises in good repair and tenantable condition. If, at any time during the License term, the roof or structural part of the walls are not in good tenantable condition, the City may, at its option, either repair the roof or structural part of the walls within a reasonable time after notice in writing by CCC or terminate this License Agreement in accordance with its terms.

8. Notification.
(a) CCC shall send the City the CCC newsletter and a calendar of all scheduled events at the Premises with the Annual Plan.
(b) CCC shall provide the City Manager with information regarding all special events which have the potential to create traffic impacts at any location throughout the City, any significant administrative or management challenges (i.e. scheduling conflicts, financial insolvency, changes in CCC Board or its charter, etc.) and all scheduling changes pertaining to the use of the Premises. Use of Premises for any activity not expressly identified in Section 3 requires prior written consent of the City Manager. Such authorization shall be in the form of an approved annual calendar submitted with the Annual Plan. In the event there is a need to amend the annual calendar, CCC must receive written 98 of 138
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License Agreement
5 authorization from the City Manager or designee no later than 45 calendar days prior to the requested change and/or event.
(c) CCC shall immediately notify the City of hazards and injuries occurring at the Premises.

9. Alterations. CCC shall not allow any alterations, additions or improvements to or of the Premises, or any part thereof, without the prior written consent of the City Manager.

10. Volunteers. For any work performed by volunteers, all volunteers shall sign and return to the City, City-approved hold-harmless forms provided by the City prior to the commencement of volunteer work.

11. CCC’s Covenant to Pay. For the term of this License, CCC shall pay $1.00 (one dollar) per annum for use of premises with said amount due on July 1st of each year.

12. Possessory Interest. CCC expressly recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that CCC may be subject to the payment of property taxes levied on such interest. CCC is responsible for determining whether this possessory interest is subject to property taxation.

13. Compliance with Laws. CCC has represented to the City and hereby warrants that CCC has complied with all laws applicable to the acceptance and use of the License herein granted. CCC shall observe and comply at all times with all applicable federal, state, county and city statutes and ordinances, rules, regulations, directives, and orders of governmental agencies now in force or which may hereinafter be in force relating to or affecting the use of the License herein granted. The CCC must maintain its Nonprofit Corporation entity designation in good standing with the California Secretary of State for the term of this agreement.

14. Waste; Nuisance. CCC shall not commit, suffer, or permit the commission by others of:
(i) any waste or nuisance activities on the facilities; (ii) any action or use of the facilities which interferes or conflicts with the use of the facilities by the City or any City authorized person; or (iii) any action on the facilities in violation of any laws, regulations, or ordinances.

15. Inspection. City shall be permitted to enter and inspect the licensed facilities at any and all times. City is not required to provide CCC with advanced notice of said inspection.

16. Extent of Grant of License. This Agreement and the License herein granted are valid only to the extent of City’s jurisdiction as a land owner of the facilities. Acquisition of any other necessary permits or entitlements for use are the responsibility of CCC. Nothing contained in this Agreement shall be construed as a relinquishment of any rights now held by the City.

17. Assignment. The License herein granted is personal to CCC and shall not be assigned, sublet, or otherwise transferred in whole or in part without the prior written consent of City, and any attempt to assign, sublet or transfer shall be of no force or effect whatsoever unless and until City shall have given its written consent thereto. City may withhold its consent for any reason.

18. Provisions are Conditional of Use/Occupancy. Each provision of this Agreement shall be deemed a condition of the right of CCC to use or continue to occupy the Premises. Notwithstanding anything stated to the contrary herein, if CCC fails to perform any provision of this Agreement at the time 99 of 138
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6 and in the manner herein provided, City may, at its own option, immediately terminate this Agreement.

The City's right to terminate shall be cumulative to any other legal right or remedy available to City.

19. CCC No Agent. CCC, its officers, agents, employees, and volunteers shall act in an independent capacity and shall not represent themselves whatsoever as an agent of the City. CCC shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

20. License Not a Lease. This Agreement does not constitute a lease, but constitutes a revocable License and CCC is limited to the use of the Premises expressly and specifically described above. CCC shall have no right or privilege in any respect whatsoever to use any other part of the property of City for any purpose whatsoever. CCC does not claim any interest that when coupled with the License herein granted would render it irrevocable.

21. NonWaiver. The City's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision.

The provision shall remain in full force and effect.

22. Relationship. The parties intend by this Agreement to establish the relationship of licensor and licensee only, and do not intend to create a partnership, joint venture, joint enterprise, or any business relationship other than that of licensor and licensee.

23. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the City and CCC at their respective addresses specified below or to such other addresses as a Party may designate by written notice delivered to the other Party.

City CCC
For all issues City Manager or designee
665-3622
[email protected]
Executive Director or designee
Cotatichamber.org
[email protected]

24. Indemnification. CCC shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature arising out of or in connection with CCC performance of the Agreement or its failure to comply with any of its obligations contained in this Agreement, including, but not limited to, damage or loss of the archived materials, except such Liability caused by the sole negligence or willful misconduct of the City.

25. Insurance. As a condition precedent to the CCC's rights pursuant to this License Agreement becoming effective, the CCC must obtain and provide the City certificates of insurance and endorsement evidencing the kinds and amounts of insurance specified in this provision and otherwise comply with all of the requirements of this provision. Failure by CCC to maintain the kinds and amounts of insurance specified in this provision throughout the License Term may be deemed a default.

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

1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
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License Agreement
7 2. Insurance Services Office form number CA 0001 (Ed. 12/90) covering Automobile Liability, code 1 (any auto), or code 8, 9 if no owned auto.

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

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

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

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

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

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

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

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

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

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

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, unless thirty (10) days prior written notice by certified mail, return receipt requested, has been given to the City.

4. The Worker’s Compensation endorsement shall contain a Waiver of Subrogation against the City. The CCC shall provide to the City an endorsement from the 101 of 138
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License Agreement
8 Worker’s Compensation insurer, if any, agreeing to waive all rights of subrogation against the City for injuries to employees of the Insured resulting from work for the City or use of the City’s premises or facilities.

E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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

G. Periodic Review. The City maintains the right to adjust the required limits of insurance every five years during the term of this agreement.

26. Ownership of Archives. All materials provided to CCC by the City shall remain the property of the City. All other materials shall remain the property of CCC. If the CCC disbands, contracts operations with, or merges with another Chamber of Commerce, all CCC materials shall become the property of the City of Cotati. If the City is unwilling or unable to take possession of the materials, City may assign the materials to the CCC successor organization.

27. Termination of Agreement. The City or licensee may elect to terminate this Agreement at any time, with or without cause upon ten (10) days written notice. There shall be no penalties for early termination. Upon termination of this Agreement, all materials of the CCC shall be removed by CCC within ten days (10) days of notice to terminate. Failure of CCC to remove said materials within said ten (10) days will result in the materials becoming the property of the City.

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

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

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

31. Entire Agreement. This Agreement, including the exhibits attached hereto and incorporated herein, constitutes the entire agreement between the Parties and supersedes all prior agreements or understandings, oral or written, between the Parties in this regard.

Each person executing this Agreement warrants that s/he has been duly authorized to execute the Agreement on behalf of the entity s/he represents and that this is a legally binding Agreement enforceable against the entity s/he represents in accordance with its terms.

ACKNOWLEDGED AND AGREED
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9 Cotati Chamber of Commerce City of Cotati
_______________________ ________________________
By: By:

Executive Director City Manager
Approved as to Form
_______________________
City Attorney
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FY 2024-25 Annual Plan, Cotati Chamber of Commerce
Summary
The Cotati Chamber of Commerce is dedicated to enhancing the economic vitality and quality of life in Cotati by supporting local businesses and promoting the city as a vibrant destination.

This plan outlines our strategic initiatives and commitments, including continuing to serve as a Visitor Center, maintaining an updated downtown Business Directory, selling advertising and producing the "Explore Cotati" magazine, partnering with the City on events and promotions, acting as a business liaison, and conducting monthly meetings with local businesses.

Mission Statement
Our mission is to support and advocate for the local business community, enhance the economic climate of Cotati, and provide resources and opportunities for business growth and community engagement.

Programs
Visitor Center Operations: Continue operating as the Visitor Center for the City of Cotati, providing information and assistance to visitors. Provide visitors with information on local attractions, events, and businesses. We maintain a welcoming environment and are open 9AM1PM Monday -Thursday ( unless there is an offsite meeting) and Fridays by appt.

Business Directory Maintenance: We will update and maintain the downtown Business Directory semi- annually to ensure it is current and accurate. Ensure accuracy by regularly contacting local businesses for any changes in information. "Explore Cotati" Magazine: Sell advertising space and manage content along with the City Parks and Recreation Department for the "Explore Cotati" magazine to promote local businesses and attractions. Work with local businesses to create compelling content that highlights Cotati’s attractions.Distribute the magazine at local spots, including the Library, SSU, Olivers and other high traffic areas to maximize exposure. Digital copies of magazine will be available on Cotati Chamber website and City of Cotati website. The magazine will be distributed two times per year, Spring/Summer and Fall/Winter.

Event Partnership and Promotion: Collaborate with the City of Cotati on events and promotional activities to enhance community engagement and economic development. Assist in the promotion and organization of these events to ensure high participation and success. We include the events on our website, newsletter, and social media. Some of the events include Cotati Kids Day, Shop and Stroll, Halloween, Car Show/Movie night and the Cotati Farmers market. The Cotati Chamber host two free community events yearly—Cotati Music Festival and Oktoberfest—which attract over 1,000 attendees per event. These events support the city by bringing in tourism and revenue, enhancing community engagement, and fostering economic growth.We will continue to explore opportunities for new events that can drive economic activity and community engagement.

Business Liaison: Act as a liaison between local businesses, the City, and EDB addressing concerns and facilitating communication. Serve as the primary contact for businesses needing assistance and resources. Facilitate introductions and connections between businesses and Cotati Chamber of Commerce 216 E. School Street, Cotati CA 94931 cotati.org 104 of 138
City staff. Provide updates on feedback and other news with the businesses. Use these meetings to gather feedback, discuss challenges, and identify opportunities for support and collaboration.

Business Meetings: Partner with CD staff and EDB to meet with at least 1 local businesses every two months to gather feedback, understand their needs, and provide support Compensation Request
In recognition of the extensive work and commitment involved in fulfilling the terms of this licensing agreement, the Cotati Chamber of Commerce is requesting a compensation of $15,000 from the City of Cotati. This compensation will support the above programs.

In addition to the monetary compensation, the CCC requests that all park fees for the Cotati Music Festival and Oktoberfest be waived, (minus deposits and cleaning fess). Furthermore, the CCC seeks the use of either the Cotati Room or other classrooms four times per year, with fees waived (excluding any applicable deposit/cleaning fees). Dates and times must be scheduled by the City.

This compensation and support will enable the CCC to effectively execute its strategic initiatives and contribute to the economic and community development of Cotati.

As per the licensing agreement with the City of Cotati, CCC will submit the following information that includes:

A roster with contact information for CCC Board Members, the Board of Directors meeting schedule, Executive Director, President, and the designated City point of contact.

A current list of CCC members.

An annual schedule of CCC events and programs, including public events.

An annual schedule of joint events and programs with other organizations.

Requests for any City facility or park use.

Plans for maintaining business listings on downtown signage and digital guides.

Strategies for publishing and managing the Community Guide.

Plans for business visitation and monthly summary of business interactions, requests/issues, outcomes. This is for meetings/interactions where the City isn't present, compiled into annual summary.

The Cotati Chamber of Commerce is committed to fostering a thriving business environment and vibrant community in Cotati. Through our strategic initiatives and strong partnership with the City, we aim to provide valuable services and support to local businesses, enhance tourism, and contribute to the overall economic development of the area.

Cotati Chamber of Commerce 216 E. School Street, Cotati CA 94931 cotati.org 105 of 138
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Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: DISCUSS NORCAL OAKS LICENSE AGREEMENT
Date: June 11, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review and discuss the license agreement with NorCal Oaks Little League and provide direction to staff, if any.

Background
Under Future Agenda Items on the May 14, 2024, Mayor Sparks requested that the license agreement with NorCal Oaks be brought back before the City Councl for discussion. Staff believes the purpose of this item is to discuss public access on the baseball fields.

The City owns, operates, and maintains Cator Field and Putnam Park Baseball Field which include baseball fields, fencing, backstops, dugouts, bleachers, parking lots, restrooms, and a snack shack. In February 2017, Cal Ripken Babe Ruth Baseball (Cal Ripken) entered a five-year license agreement for field use, which required basic maintenance of the fields but did not propose or require improvements. Due to years of neglect, Putnam and Cator Fields were unusable for organized sports and Cal Ripken pulled out in 2022.

In early 2023, NorCal Oaks, a 501(c)3 non-profit little league organization approached the City to use Putnam and Cator Fields. Due to the field conditions, extensive repairs would be necessary to use the fields for organized sports. Unlike prior little league teams, NorCal Oaks offered to fund the repair and upgrade of the baseball fields. Looking for home fields for their teams, they believed Cotati would be a perfect location to make their home. Given the central location and completely open schedule of the City fields, Nor Cal Oaks believed that it offered the opportunity to consistently hold their practices and games on a “home“ field rather than always needing to travel out of the area to play.
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On May 9, 2023, the City Council authorized a 10-year license agreement with NorCal Oaks.

The license agreement, attached, included a commitment by NorCal Oaks to contribute up to $577,588 to completely overhaul Putnam and Cator Fields and a commitment by the City that NorCal Oaks had the first right to schedule the fields for little league use during the term of the license.

With the license agreement in place, NorCal Oaks began construction activities in July of 2023, which was substantially complete at Putnam in May 2024. With the recent scoreboard installation, the only remaining work at Putnam is final clean-up, including the irrigation valves and dug outs. Work at Cator Field is less complete, with remaining work including backstop fencing, installing the bleachers and dug out benches and scoreboard.

Despite the commitment of $577,588 for upgrading the fields, NorCal Oaks has invested $1.3 million in the fields to date, with a projected total investment to complete at approximately $1.4 million. The fields now have new turf and functioning drainage systems, new irrigation systems, new gopher wire under the entire fields, special infield clay used in major league fields, new fencing, new dugouts, new backstops, new foul ball netting, new scoreboards, new warm up bullpens (Putnam), new batting cages (Putnam), etc. They are essentially entirely new fields and have significantly exceeded the commitment in the license agreement.

In accordance with the license agreement, NorCal Oaks maintains and pays the utility bills for the baseball fields (mowing, irrigation, repairs, etc.). As stated earlier, NorCal Oaks also has the first right to schedule use of the field for their little league games and practices. NorCal Oaks provides the City with an advanced field schedule, which the City posts on the facility calendar located on the City website.

Based on the distance to the outfield fencing and the distance between home plate and the bases as well as the pitcher's mound, Putnam Field is intended for older little league practices and games (essentially through middle school aged). When complete, Cator Field is intended for younger little league teams and softball play, as the outfield fence is shorter and the distances from homeplate to the bases and pitcher’s mound is shorter. The City is also currently in the process of developing joint recreation uses on these new fields for the community.

Analysis/Discussion
Field Gates
During construction, the gates to the field at Putnam were locked by NorCal Oaks and construction areas outside the fencing were enclosed with orange construction fencing. This was intended to prevent the public from entering an active construction area. There is also an ongoing concern about protecting the turf from damage when saturated, which is primarily a winter issue. By April 2024, most of the heavy rainfall had passed, making the field playable. At that time, NorCal Oaks began using the Putnam Field regularly. Cator Field is not currently in use, as construction is still in progress, with an expected opening date in July 2024. 107 of 138
Initially, the gates at Putnam Field remained locked between uses. The batting cages were locked due to the expensive equipment and liability issues associated with people using that equipment without instruction or waivers. The field gates were locked to prevent damage to the field, primarily dogs off leash, bicycles on the turf, or any uses around heavy rainfall events.

Based on past experience, when not in active use, the bases are removed and locked up on-site to prevent theft. Also, the pitcher's mound and home plate areas are built out of specialty clay soils that must be covered after use to prevent damage.

At the request of City staff, the field gates were unlocked in mid-April and signage was posted at the main entry gate to Putnam Field citing the code prohibiting dogs on the field, requiring permits for group use, and providing contact information for NorCal Oaks if there were field issues or to request access. With the gate unlocked for about one week, NorCal Oaks began to experience immediate field issues, including:
• On multiple occasions, NorCal Oaks had to ask a woman and her off-leash dog to get off the field. This person was reportedly extremely rude and told them that they have a right to be on the field.
• They had to fix a hole dug by a dog, as well as collect dog poop prior to games/practices to prevent kids from stepping/slipping in it.
• They asked a group of boys to get off the field when it was muddy. They were playing mud football and ripping up the grass.
• They found beer cans in the dugouts on several occasions.

Given this experience and liability concerns, NorCal Oaks contacted the City staff to discuss alternatives to open access. Due to these issues, related field damage, and a mutual desire to preserve this facility for the public, staff discussed alternatives with NorCal Oaks staff.

Ultimately, staff settled on allowing NorCal Oaks to lock the field gates but update the signage to include clear language indicating that it was a public field, adding a QR code link to the field schedule on the City website and updating the NorCal Oaks phone number so people could schedule informal uses of the field. Group use would still be scheduled by the City per the City’s Park Policy.

With the recent completion of the field, using the current reservation and informal systems, staff is aware of the following other uses (in addition to the regular little league games and practices):
• A Co-ed adult softball team used the field.
• A man reached out and asked to use the bullpen. NorCal Oaks showed him how to repair it after use and how to lock up after use.
• Some high school kids requested to use the batting cage. NorCal Oaks had them sign a waiver and left them to lock it up.
• An elderly woman reached out and asked if she could just walk around on the grass, so this was subsequently arranged.
• A father and son requested to out and practice on the bases. NorCal Oaks supplied them the bases and asked them to leave them installed and inform NorCal Oaks when they were finished. NorCal Oaks cleaned up and put everything away. 108 of 138
Complaints
Staff has received two (2) complaints regarding the locked gates. One was a verbal complaint from a caller at the City Council meeting on May 14, 2024. The second was a woman who wanted to walk on the baseball field. She was provided access (see above) upon request.

Other Municipal Examples of Field Access Management
The following are some examples of neighboring communities where staff were able to get a timely response.

Town of Windsor
The “main” baseball fields at Keiser used by Cal Ripken youth league and Windsor High School are fenced and locked from public use. The groups that have a permit for the field are provided with the lock combo so they can access the field. They lock up when they leave. They change the lock combos as needed, typically once a year or so. At Esposti Park, the baseball field isn’t fenced in, but they have fence gates that lock access to the dugouts.

City of Healdsburg
Healdsburg has two park facilities that were locked at one time, but both are now open to the public for use. No other facilities have fencing to secure them. Recreation Park was locked ”for years“ but was unlocked during the COVID pandemic. The Healdsburg School District put in synthetic turf for their soccer field and locked the facility. At some point recently, the District stopped locking the facility.

City of Napa
Two fields are fenced and locked. They provide the combo to leagues and for permits and change it annually. The school district also rents their fields to the public. They have field attendants to open fields and parks crew does weekly inspections. They do field use by permit only and have a sign that says “Call for info”.

City of Petaluma
The City locks two of their fields - Miracle League Field, and the PCSF baseball field (brand new). Both of these fields have been locked since they were built, and the City issues keys to user groups. Use is by permit only. Due to extensive resources that went into them the City believes that they need to keep them more regulated than their other fields. No other park amenities besides restrooms are locked.

City of St. Helena
Fields are not locked, but they lock the grandstands and dugouts. Dogs off leash prohibited by ordinance and they have the Police Department enforce and do extra patrol.

City of Rohnert Park
In general, Rohnert Park does not lock their fields. The city does lock the service gates on baseball fields to prevent large unauthorized equipment from going onto the field. Users with permission are given keys so they can do field maintenance. Fields may also be locked in case of bad weather. If the field would be closed to the user due to rain then it isn‘t open to the public 109 of 138
either. Users with special event permits for events such as tournaments can arrange to lock a field for a small amount of time leading up to the tournament and during it as part of their permit.

The users put a lot of effort to get the field ready for the event so it’s allowed to be locked overnight, for example.

City of Novato
No locks on baseball fields, but they do lock their pickleball courts during closed hours (dark).

The school district has been making improvements to their outdoor athletic facilities and are locking each of them, including tennis courts, tracks, synthetic fields, etc.. The district is currently working to develop a key fob system where residents can purchase a fob for lifetime use.

Potential Options
Putnam Park is currently undergoing significant improvements. The baseball field was the first part of this, but the upcoming City project will also add significant improvements, including a new fenced off-leash dog area and some new pathways and a bridge to the existing Laguana Pathway. Fundamentally, the issue isn’t use and normal wear and tear on the field; it’s misuse of the field that can cause expensive damage and potential liability. The most common issue is dogs off leash digging holes, but can also include playing on a saturated field, bicycles on the field, etc.. If not re-tarped after use, the home plate area and pitcher's mound clay can also dry out and get destroyed.

To address these issues while ensuring public access, there are some potential options:
• Schedule Open Public Field Times. This option appears to address the various needs, is low cost and can be implemented immediately is to add open public field times, like open swim hours in public swimming pools. These would be scheduled on the facility calendar and posted prominently at the field and potentially through media channels.

During these times, NorCal Oaks could set the field up to allow for free public use and close things down at the end of that time. Use of the batting cages would require liability waivers which NorCal Oaks would manage. As is currently the case, people could also still schedule any other available times. Once Cator Field is complete, these can work in concert.
• Key Fob System. This is a more expensive and complicated option, but the City could create a key fob system and allow check out at the police department. This would be checked out with a liability waiver. If the key fob is lost or not returned, it can be easily deactivated. Keys and keypad locks are too easily replicated and shared. This option would need to develop a system to instruct users on how to set out the bases, remove the tarps and lock everything up when done, or include coordination with NorCal Oaks.

It should also be noted that prior to the other city improvements at Putnam Park being completed, dogs off leash will continue to be an issue generally. Staff do receive complaints from residents about dogs off leash, particularly in the playground area and in the parking lot. 110 of 138
While most people love dogs, some people are terrified of them, and it creates a regular issue for those users at Putnam Park as well as other City parks. To be able to effectively enforce the leash laws and officially end the on-going ”pilot” off-leash program at Putnam Park, the City ordinance needs to be updated. This is on the FY 24-25 workplan and is scheduled to be completed in the first half of FY 24-25.

Recommendation
Given the various completing needs, staff recommend working with NorCal Oaks to immediately begin scheduling and publicizing open public field times. Additionally, actively working on completion of the design and construction at Putnam Park will provide more offleash and walking options. Updating the off-leash ordinance will improve enforceability and make the parks generally function better for all users.

Financial Considerations
No financial impact if the City Council chooses the staff recommendation. A key fob system and the related locks and gate hardware is estimated at approximately $20,000.

Environmental Issues
Reviewing the NorCal Oaks license agreement is not a project under CEQA as defined by Section 15378 of the CEQA Guidelines..
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1 LICENSE AGREEMENT FOR USE OF CATOR AND PUTNAM

BASEBALL FIELDS OWNED BY THE CITY OF COTATI
This License Agreement, revokable only as set forth in the termination provisions (herein referred to as the “Agreement” or “License”), is issued this 9 th day of May 2023 (“Effective
Date”) by and between the City of Cotati, a California municipal corporation (the “City”) and Nor Cal Oaks, a California nonprofit corporation (the “Licensee”, hereinafter designated as “Nor Cal Oaks”). City and Nor Cal Oaks are hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, the City owns, operates, and maintains Cator and Putnam Fields in the City of Cotati, which include baseball fields, fencing, backstop, dugouts, bleachers, restrooms, parking lots and snack shacks (collectively, the “Facilities” or “Facility”) as shown on Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, Nor Cal Oaks has committed an estimated $577,588 during the first twelve (12) months of the License, to improve the Facilities, as described in Exhibit “B”; and WHEREAS, Nor Cal Oaks has also committed to maintenance of the fields and a significant annual License payment to the City; and
WHEREAS, the City is agreeable to permitting Nor Cal Oaks to use the Facilities for the purpose of conducting youth baseball and softball activities, pursuant to the terms and conditions of this License set forth herein.

NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the Parties agree as follows:

1. License. The City hereby grants to Nor Cal Oaks a License to use the Facilities, subject to all the terms and conditions of this Agreement. Nor Cal Oaks shall incur an annual License Fee in the amount of five-thousand dollars ($5,000.00) payable to the City upon execution of the Agreement and annually thereafter during an Extension Term.

2. Non-Exclusive License. The License granted is non-exclusive. The City shall continue to maintain control of the Facilities including, without limitation, the right to grant additional licenses for use of the Facilities in its sole discretion, in consultation with Nor Cal Oaks at times not already scheduled for use by Nor Cal Oaks.

3. Term of License. The term of the License shall commence on the Effective Date and shall continue through May 9th, 2033, unless City or Nor Cal Oaks terminates this License sooner (“Term”).

4. Use. Nor Cal Oaks’ use of the Facilities shall be limited and conditioned as follows:

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2 a. Youth baseball and softball play, consistent with Nor Cal Oaks Rules and Regulations and responsible adult supervision at all times that the Facilities are in use by Nor Cal Oaks.
b. Use of the snack shack(s) for food service, as approved by the Sonoma County Health Department.
c. Storage of Nor Cal Oaks items in the snack shack(s) during the term of this Agreement. Upon request of the City, Nor Cal Oaks shall remove all stored items from snack shack(s) at the end of the Agreement. Storage of items is at Nor Cal Oaks’ sole risk.
d. Placement of semi-permanent banners and sponsor advertisements within baseball field fencing, provided, however, that Nor Cal Oaks shall remove all banners and advertising within two (2) weeks of the end of the term of this Agreement. Nor Cal Oaks will provide field banners for City of Cotati and Rancho Adobe Fire District at no charge for the life of the Agreement. e. Parking within designated parking areas at Cator and Putnam Fields. f. Upon request of the City, Nor Cal Oaks shall schedule youth baseball activities to meet the scheduling needs of the City’s Recreation Department, to be provided to Nor Cal Oaks by the City no later than January 1 and July 1 (or the next following City working day) each calendar year.
g. Herbicides or pesticides must be approved for use by the City prior to use on the Facilities.

5. Notification.
a. Nor Cal Oaks shall keep the City informed of all special events which have potential traffic impacts and scheduling changes pertaining to the use of the Facilities that may impact City operations.
b. Each year, by January 15 (or the next following City working day) Nor Cal Oaks shall provide the City with an updated contact list, including Board Member titles, phone numbers, and email addresses. c. Nor Cal Oaks shall send the City a calendar of all scheduled Nor Cal Oaks events at the Facilities on January 15 and July 15 (or the next following City working day) of each calendar year and any changes will be promptly communicated to the City Recreation Manager.
e. Nor Cal Oaks shall promptly notify the City of any maintenance or repair issues of the Facilities.

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3 f. Nor Cal Oaks shall notify the City of all hazards and injuries occurring at the Facilities, as well as any action taken by Nor Cal Oaks with respect thereto, as promptly as possible, but in no event later than within fortyeight (48) hours of the occurrence or discovery of the hazard.

6. Maintenance and Operation.
a. Nor Cal Oaks shall be responsible for the maintenance and operation of the Facilities, all year, including without limitation:
i. Infields and outfields, which includes mowing, fertilizing, watering, pest control, filling gopher holes and reseeding the turf as needed;
ii. Infield dirt base paths;
iii. The repair and maintenance of all baseball related infrastructure, including, but not limited to, the snack shack(s), scoreboards; backstop, dugouts, fencing and bleachers, including painting as needed;
iv. Removal of hazards, including taking immediate action to secure, repair or close off any hazard or safety concern to persons using the Facilities;
v. Cleaning and maintaining the restrooms and water fountains in a sanitary condition, including keeping them stocked with toilet paper, paper towels and soap as applicable;
vi. Litter, garbage, and debris removal, including the provision for trash and recycling dumpsters and their removal; and
vii. Provision of portable toilets, as necessary.
b. The City shall be responsible for the following:
i. Maintenance of all water lines and irrigation systems; ii. Maintenance of the paved parking areas as needed;
iii. Water fountain repair and;
iv. Maintenance of the turf areas outside of the infield and outfield areas.

7. Alterations & Replacements. Nor Cal Oaks shall not make or permit any alteration, modification, or replacement (collectively “alterations”) of the Facilities without prior written City approval. If requested by the City, the details of planned Facility alterations shall be provided to the City Recreation Manager, including images of the alterations prior to initiating work for City review and advisement on consistency with park master plans and any permitting requirements. Depending on the scope of the requested alterations, plans, and specifications, permits may be required by the City. In addition, be advised that some alterations may also require the issuance of a building permit (roof, plumbing, electrical, etc.). Nor Cal Oaks shall be responsible for all costs thereof.

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4 8. Utilities. The City shall transfer the accounts to Nor Cal Oaks within thirty (30) days of the Effective Date of this Agreement and pay for all electric, water, and sewer expenses related to the operation of the Snack Shack and restroom facilities located at Cator and Putnam Fields. In the event of a drought or other water restriction, Nor Cal Oaks shall comply with any watering restrictions with the understanding that watering will be permitted to allow for proper maintenance and to the extent needed to preserve the investment Nor Cal Oaks makes in rehabilitating the Cator and Putnam Fields.

9. Possessory Interest. In accordance with California Revenue and Taxation Code Section 107.6, the City is hereby notifying Nor Cal Oaks that this Agreement may create a property or possessory interest and such interest may be subject to property taxation if created, and Nor Cal Oaks may be subject to the payment of property taxes levied on the interest. Nor Cal Oaks expressly recognizes and understands that this Agreement may create a property or possessory interest subject to property taxation and that Nor Cal Oaks may be subject to the payment of property taxes levied on such interest.

10. Compliance with Laws. Nor Cal Oaks represents and warrants to City that Nor Cal Oaks and its officers, agents, employees and volunteers have all licenses, permits, qualifications and approvals of whatever nature that are legally required for Nor Cal Oaks, its officers, agents, employees and volunteers to provide the services, programs and activities contemplated by this Agreement and that it shall observe and comply at all times with all applicable federal, state, county and city statutes and ordinances, rules, regulations, directives, and orders of governmental agencies now in force or which may hereinafter be in force relating to or affecting the use of the License herein granted. Additionally, Nor Cal Oaks and its officers, agents, employees and volunteers shall provide an environment that is free from harassment and discrimination of any kind based on any legally protected status including but not limited to sex, gender, gender identity, race, color, religion, national origin, citizenship, ancestry, age, physical disability, mental disability, protected medical condition, marital status, sexual orientation, or any other characteristic prohibited by state or federal law.

11. Waste Nuisance. Nor Cal Oaks shall not commit, suffer, or permit the commission by others of:
a. Any waste or nuisance at the Facilities;
b. Any action or use of the Facilities which interferes or conflicts with the use thereof by the City or any authorized person; or
c. Any action at the Facilities in violation of any laws or ordinances.

12. Inspection. The City shall be permitted to enter and inspect the Facilities at any and all times.

13. Extent of Grant of License. This Agreement and the License herein granted are valid only to the extent of the City’s jurisdiction as a landowner or tenant of the Facilities. Acquisition of any other necessary permits or entitlements for use is the responsibility of Nor Cal Oaks.

NOTHING CONTAINED IN THIS AGREEMENT SHALL BE CONSTRUED AS A RELINQUISHMENT OF ANY RIGHTS NOW HELD BY THE CITY.

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5 14. Release of Claims. Nor Cal Oaks hereby waives, releases, and discharges the City, its officers, officials, agents, employees and volunteers (collectively, “Indemnitees”) from all present and future Claims (defined in Section 23 herein) arising out of or in any way connected with entry upon or use of the Facilities by Nor Cal Oaks or its agents, employees, invitees, contractors or subcontractors, including without limitation all Claims arising in connection with any injury to persons or damage to or theft of vehicles, equipment, materials or any other personal property, except and to the extent caused solely by the gross negligence or willful misconduct of the Indemnitees. The provisions of this Section 14 shall survive the expiration or earlier termination of this Agreement.

15. License is Personal. The License herein granted is personal to Nor Cal Oaks and no right hereunder may be assigned, sublet, or otherwise transferred in whole or in part without the prior written consent of the City. Any attempt to assign, sublet or transfer same shall be of no force or affect whatsoever unless and until the City shall have given its written consent thereto.

The City may withhold its consent for any reason.

16. Termination. Each provision of this Agreement shall be deemed a condition of the right of Nor Cal Oaks to use or continue to occupy the Facilities. Notwithstanding anything stated to the contrary herein, if either party fails to perform any provision of this Agreement at the time and in the manner herein provided, including without limitation maintenance of required insurance, failure to make the improvements in Exhibit “B”, an act of God that makes the Facilities unsafe for the public and requires immediate City remediation, or City’s determination in its sole discretion that Nor Cal Oaks is operating in a manner that presents a health, safety or welfare threat to the participants, members of the public or the community, the Parties may immediately terminate this Agreement for cause. If the City or Licensee provides written notice of a default of the terms of this Agreement, delivered in accordance with Section 21, either Party has thirty (30) days to cure the default. If the default cannot by its nature be cured within such thirty (30) day period, then the City or Licensee will have an additional thirty (30) days to cure the default. A termination for cause pursuant to this provision shall not prejudice or waive any rights or remedies in law which one Party may have against the other. At any time during the term of this Agreement, the Parties may mutually agree in writing to amend or terminate the Agreement. Upon termination Nor Cal Oaks shall promptly remove at its own expense all its equipment, inventory and fixtures from the Facilities and shall restore the Facilities to their original condition, ordinary wear and tear excepted, unless the City and Nor Cal Oaks agree in writing that such fixture shall remain a part of the Facilities. Upon Nor Cal Oaks’ failure to remove same within thirty (30) days of the stated termination date, it shall lose all right, title, and interest thereto and City may elect to keep, remove, or demolish same. City’s right of termination shall be cumulative to any other legal or equitable remedies available to City.

17. Nor Cal Oaks to Act in Independent Capacity. Nor Cal Oaks and its officers, agents, and employees shall act in an independent capacity and shall not represent themselves to be or be construed to be officers, agents, or employees of the City.

18. License Not a Lease. This Agreement does not constitute a lease but constitutes a mere license and Nor Cal Oaks is limited to the use of the Facilities expressly and specifically described above. Nor Cal Oaks shall have no right or privilege in any respect whatsoever to use any other part of the property of the City for any purpose whatsoever. Nor Cal Oaks hereby DocuSign Envelope ID: 23AD5C14-BA04-4C53-A7CB-7B8393AF380F 116 of 138
6 disclaims any interest that when coupled with the License herein granted would render it irrevocable.

19. No Continuing Waiver. The waiver by the City of any breach of any of the provisions of this Agreement shall not constitute a continuing waiver of any subsequent breach of the same, or of any other provision of this Agreement.

20. Relationship. The Parties intend by this Agreement to establish the relationship of licensor and licensee only, and do not intend to create a partnership, joint venture, joint enterprise, or any business relationship other than that of licensor and licensee.

21. Contacts; Notices. The Parties desire to keep open lines of communication throughout the calendar year. To that end, the primary contacts for each Party are as follows:

City Nor Cal Oaks
For Field Maintenance Issues: Public Works Superintendent 201 West Sierra Avenue
Cotati, CA 94931
Business Hours 707-975-
7356
After Hours 707-792-4611
Jon Titus
Board Member
901 A St, Suite C
San Rafael, CA 94901
707-480-1708
Event Notices and All Other
Issues:

Recreation Manager
201 West Sierra Avenue
Cotati, CA 94931
Business Hours 707-792-
4600
After Hours 707-792-4611
Hilaire Sander
Board of Directors –
Secretary
901 A St, Suite C
San Rafael, CA 94901
206-650-1841
All notices given under this Agreement shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States post office for delivery by registered or certified mail, postage paid to the Parties at the aforementioned addresses.

22. Hold Harmless and Indemnification. To the maximum extent permitted by law, Nor Cal Oaks shall indemnify, defend and hold harmless the Indemnitees from and against any and all liability, claims, damages, demands, costs, losses and expenses, including without limitation court costs and attorneys’ fees (collectively, “Claims”) arising out of or in connection with Nor Cal Oaks’ entry upon or use of the Facilities or its negligent or willful failure to comply with any of its obligations contained in this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitees. The obligation to indemnify, hold harmless and defend City shall survive the expiration or earlier termination of this Agreement.

23. Insurance. Nor Cal Oaks agrees to obtain and keep in force during the life of this Agreement at Nor Cal Oaks’ expense, public liability and property damage insurance in a form, and with an insurer, acceptable and subject to the approval of the City, said insurance to protect against any liability to the public as a result of the use of or resulting from any accident occurring DocuSign Envelope ID: 23AD5C14-BA04-4C53-A7CB-7B8393AF380F 117 of 138
7 in or about Cator Field, or other Facilities. Nor Cal Oaks agrees to maintain comprehensive insurance of Five Million Dollars ($5,000,000) minimum per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Facilities or the general aggregate limit shall be twice the required occurrence limit, insuring against all liability of Nor Cal Oaks and its authorized representatives arising out of and in connection with Nor Cal Oaks use of the Facilities. Said insurance shall be provided on forms approved by the City of Cotati.

24. Entire Agreement; Amendments. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior written or oral agreements, understandings, representations, or statements with respect thereto. This Agreement may be amended only by a written instrument executed by the Parties.

25. Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect to the extent possible.

26. Governing Law; Venue. This Agreement and the rights and obligations thereunder shall be governed by and interpreted in accordance with the laws of the State of California. The venue for any action brought hereunder shall be a court of competent jurisdiction in Sonoma County.

27. No Third-Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon any person other than the Parties any rights or remedies hereunder.

28. Authority. Each person executing this Agreement warrants that s/he has been duly authorized to execute the Agreement on behalf of the entity s/he represents and that this is a legally binding Agreement enforceable against the entity s/he represents in accordance with its terms.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

LICENSOR: LICENSEE:

CITY OF COTATI NOR CAL OAKS
By: ____________________________
Damien O’Bid
By: _____________________________
Joe Poletto, President
City Manager
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8 APPROVED AS TO FORM: ATTEST:
________________________
John Bakker Kevin Patterson
City Attorney Deputy City Clerk
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9 EXHIBIT A

FACILITIES
Cator Field and Parking Lot
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10 Putnam Park and Parking Lot
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11 EXHIBIT B

COMMITTED INVESTMENT SUMMARY
Cost estimates for repairing Cator and Putnam fields:

Dirt, Rock Soil: $8,437.50
Trucking: $3,150.

Equipment: $50,000.

Sod: $132,000.

Sand: $20,000.

Irrigation: $70,000.

Fencing: $75,000.

Supplies: $25,000.

Stands: $20,000.

Snack Bar/Bathrooms: $10,000.

Dugouts: $10,000.

Gofer Wire: $54,000.

Putnam Backstop Netting: $75,000.

Labor: $25,000.

TOTAL: $577,587.50
5350733.1
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Certificate Of Completion
Envelope Id: 23AD5C14BA044C53A7CB7B8393AF380F Status: Completed Subject: Final Nor Cal Oak License Agreement, Cotati
Source Envelope:

Document Pages: 11 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Damien O'Bid
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Status: Original
5/10/2023 12:32:32 PM
Holder: Damien O'Bid
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Carahsoft OBO City of Cotati Location: DocuSign Signer Events Signature Timestamp
Joe Poletto
[email protected]
Member
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 174.215.119.2
Signed using mobile
Sent: 5/10/2023 12:39:23 PM
Viewed: 5/10/2023 2:54:57 PM
Signed: 5/10/2023 2:55:40 PM
Electronic Record and Signature Disclosure:

Accepted: 5/10/2023 2:54:57 PM
ID: e9fb902d-d269-4edd-958b-d9a206dbf1e5
Damien O'Bid
[email protected]
City Manager
City of Cotati
Security Level: Email, Account Authentication
(None)
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Using IP Address: 71.6.94.250
Sent: 5/10/2023 2:55:41 PM
Viewed: 5/10/2023 2:59:54 PM
Signed: 5/10/2023 2:59:59 PM
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John Bakker
[email protected]
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(None)
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Sent: 5/10/2023 3:00:00 PM
Viewed: 5/10/2023 4:14:18 PM
Signed: 5/10/2023 4:14:25 PM
Electronic Record and Signature Disclosure:

Accepted: 5/10/2023 4:14:18 PM
ID: 11406108-85c9-4e78-b5ca-d583ef3d2bc9
Kevin Patterson
[email protected]
Deputy City Clerk
City of Cotati
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.6.94.250
Sent: 5/10/2023 4:14:26 PM
Viewed: 5/10/2023 4:17:05 PM
Signed: 5/10/2023 4:18:41 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
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Ashley Wilson
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 5/10/2023 4:18:43 PM
Viewed: 5/10/2023 4:39:25 PM
Electronic Record and Signature Disclosure:

Accepted: 11/8/2022 10:09:34 AM
ID: 1a3bce72-71bd-4717-a229-9f6174bbf638
Hilarie Sander
[email protected]
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Sent: 5/10/2023 4:18:44 PM
Viewed: 5/11/2023 7:10:03 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Jon Titus
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 5/10/2023 4:18:46 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
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Envelope Sent Hashed/Encrypted 5/10/2023 12:39:24 PM
Certified Delivered Security Checked 5/10/2023 4:17:05 PM Signing Complete Security Checked 5/10/2023 4:18:41 PM
Completed Security Checked 5/10/2023 4:18:46 PM
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Electronic Record and Signature Disclosure
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/20/2021 3:35:42 PM Parties agreed to: Joe Poletto, John Bakker, Ashley Wilson 125 of 138
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

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To withdraw your consent with Carahsoft OBO City of Cotati To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Carahsoft OBO City of Cotati as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of Cotati during the course of your relationship with Carahsoft OBO City of Cotati.
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Cotati City Council
Agenda Staff Report
Item type: REGULAR AGENDA (ACTION)
To: City Council
Subject: SOCIAL MEDIA POLICY REVIEW
Date: June 11, 2024
Written by: Damien O'Bid, City Manager
Recommendation
It is recommended that the City Council review and discuss the City’s existing social media policy and terms of service and provide direction to staff on potential amendments, if any.

Background
Under Future Agenda Items, the City Council requested a review of the City’s social media policy. The social media policy and terms of service were originally adopted by the City Council in 2016 as a stand-alone policy (attached). These were subsequently incorporated into the adopted Personnel Rules in 2018.

As a companion document, terms of service were also developed. The terms of service are published on all city social media platforms and the city website (attached).

Analysis/Discussion
The social media policy applies to city personnel use of City social media platforms. The City does not generally have the ability to regulate speech on the personal social media platforms of city personnel.

The social media policy is now embedded in the City’s Personnel Rules and any proposed changes would need to updated in the Personnel Rules. The Personnel Rules are currently being revised and will be discussed with the City Council and the City’s labor groups after completion of MOU discussions. The companion terms of service could be directly amended by the City Council sooner, if it doesn’t conflict with the existing policy. 128 of 138
Financial Considerations
There are no direct financial impacts with amending the social media policy or terms of service.

Environmental Issues
Not applicable.
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SOCIAL MEDIA POLICY
A. Purpose
Due to the rapid growth of the public’s use of social media, the City of Cotati has a business need to augment traditional communication methods with the use of social media. This Social Media Policy (“Policy”) is intended to guide the proper use of the City of Cotati’s social media accounts and establish policies, protocols and procedures related to the use of social media.

The purpose of this Policy is to:

1. Establish a limited public forum for First Amendment purposes; and

2. Promote the City use of social media to enhance community engagement; and

3. Permit City Employees to properly use official City social media sites as described in this policy to further the business of the City.

The goals of the City of Cotati’s use of social media are:

1. To increase the public knowledge, trust, and use of City services; and

2. To promote the value and importance of City services among and between governing officials, civic leaders, and the general public; and

3. To maintain open, professional, and responsive communication with members of the public and the media.

B. Definitions

1. “Social media”. Social media shall mean third-party hosted websites or applications for discussion or information sharing, including, but not limited to, web-culture communities and hosted services, such as social-networking sites, photo and video sharing sites, wikis, tagged websites, and blogs. Examples include, but are not limited to, Google Plus and Yahoo Groups, Wikipedia, Twitter, Pinterest, Facebook, Meetup, Multiply, Snap Chat, Instagram, YouTube, Flickr, LinkedIn, My Life and similar, and news media sites with comment sharing capabilities.

2. “City Employee”. For the purpose of this Policy, City Employee shall mean permanent, probationary, temporary employees (full or part time), officers, elected or appointed officials, volunteers, and City contractors, vendors, and consultants with authorized access to the City’s official social media account(s).

C. Policy Statement
It is the policy of the City of Cotati that City-maintained social media sites are the sole possession of the City and shall be used only for official business purposes.

This Policy applies to all City Employees as defined herein. Social media is used as a tool to communicate and users have the responsibility to use these resources in an efficient, effective, ethical, and lawful manner.
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D. Responsibility
The City Manager must expressly authorize in writing the implementing of any City social media programs or activities. The City Manager will authorize specific City Employees to use of the City’s official social media platforms. Separating City Employees will provide social media account and log-in information to their department head or human resources prior to their separation.

The department head and/or his/her designee shall monitor department-generated content to ensure compliance with this Policy. In addition, City Employees who add content to the City’s social media sites are responsible for complying with all applicable federal, state and municipal laws, policies and regulations. This includes, but is not limited to, adherence to established laws and policies regarding the California Public Records Act, First Amendment privacy laws, records retention policies, City Personnel Rules and information security policies.

Disciplinary action, up to and including termination, will be taken against any City Employee who is found to have violated this Policy.

E. Policy

1. City Website
The City of Cotati’s official website (www.ci.cotati.ca.us and www.cotaticity.org) shall remain the primary and predominant Internet presence. All City of Cotati social media sites should include one or more links that direct users back to the City website.

2. Appropriate Uses of Social Media Sites
The most appropriate uses of social media sites fall into three categories:
i. As channels for disseminating time-sensitive information as quickly as possible, such as news, project and emergency information; and ii. Marketing and promotional channels for increasing the City’s ability to broadcast messages to the widest possible audiences; and iii. Community news of general interest.

3. Branding
The design of all City of Cotati social media pages must be approved by the City Manager or his/her designee. The City Manager’s Office shall maintain a master list of social media sites. Departments shall not establish individual social media accounts.

The City Seal/logo shall be used on all official social media sites used for this purpose.

Any changes or additions to official City of Cotati seals, logos and other branding devices shall be incorporated into official social media sites.

Photos and other images may be posted only when they are the property of the City of 131 of 138
Cotati or the owner has provided consent for use.

4. Posting on Social Media Sites
The City Manager and/or designees shall be the only City Employees authorized to post official City information on social media sites. When using the City’s official social media sites, City Employees will act in a professional manner by:
i. Being aware that what is written will not only reflect on the writer, but also on the elected officials of City of Cotati and other City Employees. ii. Understanding that comments posted by City Employees in an official capacity on social media sites, whether administered by the City or on other agency and/or individual social media sites, shall include appropriate identifying information and any other pertinent information within the context of the virtual interaction. iii. Not engaging in any of the following:
a. Commercial promotion (except as part of a City program) b. Illegal activity, or promotion of illegal activity
c. Threats or implied threats or incitement that could result in physical harm or property damage
d. Pornography, profanity or obscenity
e. Copyright violations
f. Hate speech
g. Conduct contrary to written City policies or applicable laws h. Content that compromises safety/security of the City or the public i. Disclosure of confidential information
j. Discussion of or disclosure of any confidential personnel matter k. Defamatory statements or personal attacks
iv. Not providing information related to pending City decisions that would compromise negotiations or decisions or including such information as part of content added to a site.
v. When in doubt about the appropriateness of content, it is best to refrain.

Employees should think of social media in the same manner as writing on a wall in public with the addition of their name and address attached to everything written. There are no truly anonymous postings to social media, nor permanent means to remove content or reverse mistakes.
vi. Understanding that workplace speech (speech made by a public employee in the course of carrying out his or her official duties, rather than as a private citizen) is not fully protected by the First Amendment. City Employees are held individually responsible for understanding whether their speech, workplace or not, is protected by the First Amendment.
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vii. Understanding that City Employees are prohibited from engaging in debate in an official capacity on social media sites. Employees who encounter inappropriate situations or abuse in virtual environments in an official capacity should immediately leave the social media site and report the situation to a supervisor. viii. Bringing misrepresentations regarding the City of Cotati on social media sites to the attention of the supervisor for potential clarification.

5. Public Records/Discovery/Record Retention
Materials, comments and direct messages posted by City Employees on social media sites in an official capacity may be treated as official correspondence and may be subject to disclosure in accordance with the California Public Records Act or discovery in legal cases. Posted materials, comments, and direct messages that are otherwise protected from disclosure or are not public records do not lose such status as a result of disclosure on a social media site.

As technically feasible, materials, comments and direct messages on the City’s social media sites shall be retained in accordance with the City’s record retention policy.

6. Brown Act Compliance
To ensure compliance with the Brown Act, members of the City Council and City advisory bodies are to refrain from responding to any published postings, or from using the social media sites to respond to, blog, engage in serial meetings, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the body, including the use of a “like”, emoji, or any other method of expressing an opinion.

7. Administration of Social Media Accounts
Prior to establishing any pages on social media sites in an official capacity, employees must (1) receive approval from the City Manager, (2) read this policy and agree to abide by the guidelines and (3) contact the City Manager’s Office regarding the purpose of the social media site, the primary audience, the type of content that will be conveyed on behalf of the City of Cotati, and a time frame for the project.

The City Manager shall work in conjunction with the City Attorney to review each requested social media site’s terms of use prior to creating an official presence on a given social media site. If the City establishes a social media account, the City Manager or designee shall establish the primary administrative account(s) for each social media site.

The City of Cotati reserves the right to remove postings placed on official City social media sites that the City deems, in its sole discretion, to constitute crimes (such as threats of violence), and / or that otherwise violate Federal or State law in accordance with the City’s Social Media Terms of Service, attached hereto as Exhibit A and incorporated herein by reference. The City Manager or designee may amend from time to time the 133 of 138
Social Media Terms of Service as deemed necessary to keep up with technology while maintaining the goals of the City’s use of social media. The Social Media Terms of Service will be posted on all official City social media sites, as technically feasible, to establish a limited public forum for First Amendment purposes.

In addition, the City Manager also reserves the right to terminate or suspend any City social media site.
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“EXHIBIT A”

SOCIAL MEDIA TERMS OF SERVICE
The Social Media Terms of Service listed below is to be listed on any social media site that the City establishes, wherever technically feasible:

This forum has been established as a limited public forum with respect to the First Amendment and is intended to promote increased communication between the City of Cotati and the public on matters of interest to the residents of Cotati.

The City reserves the right to remove any content (including messages, images, etc.) that it deems, in its sole discretion, to be abusive, obscene, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate. Examples of content, or links to content, that may be removed by the City of Cotati include, but are not limited to, the following:
· Potentially libelous content; or
· Obscene content; or
· Personal attacks, insults, or threatening language; or · Content that promotes, fosters or perpetuates
discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental
disability, sexual orientation, or any other basis protected by state or federal law; or
· Plagiarized content or content that violates a legal
ownership interest of any other party; or
· Confidential or personnel information published without consent; or
· Comments not topically related to the content being
commented upon; or
· Commercial promotions or spam; or
· Information that may compromise the safety of security of the public or public systems or employees; or
· Content in support of or in opposition to political
campaigns or ballot measures; or
· Hyperlinks to material that is not directly related to the discussion; or
· Conduct or encouragement of illegal activity
a) Notwithstanding the foregoing, the City of Cotati is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within this social media site.
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b) Content posted by a member of the public on any City of Cotati social media site is the opinion of the commentator or poster only, and the publication of a comment does not imply endorsement of, or agreement by, the City of Cotati, nor do such comments necessarily reflect the opinions or policies of the City of Cotati. c) By posting content, the user (or “you”) agrees to indemnify the City of Cotati, its officers, staff, volunteers and contractors from and against all liabilities, judgments, damages, and costs (including attorneys' fees) incurred by any of them which arise out of or are related to the content posted by you. If you do not agree to these terms, you should not use this City of Cotati sponsored site. A violation of these terms may lead to legal action and liability. d) Any content posted or submitted for posting may be retained in accordance with the City’s Record Retention Policy, and may be subject to public disclosure upon request, in accordance with the requirements of the Public Records Request Act or as required by a legal action.
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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: June 11, 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]. 138 of 138

Cotati City CouncilJune 11, 2024

Cotati City Council
June 11, 2024